Commonwealth Numbered Regulations

FAIR WORK AND OTHER LEGISLATION AMENDMENT REGULATIONS 2023 (F2023L00293) - SCHEDULE 1

Part 1 -- Sexual harassment

Division 1--Main amendments

Fair Work Regulations 2009

1  In the appropriate position in Chapter 3

Insert:

Part 3-5A -- Prohibiting sexual harassment connected with work

Division 3 -- Dealing with sexual harassment disputes

3.29A   Applications for the FWC to deal with sexual harassment disputes--defence members

             (1)  This regulation sets out the circumstances in which subsection 527F(3) of the Act does not prevent a person referred to in subsection 527F(2) of the Act from applying for the FWC to make a stop sexual harassment order in relation to a dispute if the aggrieved person in relation to the alleged contravention that is the subject of that dispute was a defence member at the time the contravention allegedly occurred.

             (2)  The person is not prevented from making the application if at least one of the respondents in relation to the alleged contravention:

                     (a)  was not a defence member at the time the contravention allegedly occurred; or

                     (b)  is not a defence member at the time the application is made.

             (3)  The person is also not prevented from making the application if a respondent in relation to the alleged contravention was a defence member at the time the contravention allegedly occurred and at least one of the following circumstances exist:

                     (a)  in response to a request by the aggrieved person under section 37G of the Defence Regulation 2016 for a review of a decision made in response to an application for a stop sexual harassment direction under section 37C of those Regulations, either:

                              (i)  a stop sexual harassment direction is not issued in relation to that request; or

                             (ii)  a stop sexual harassment direction is issued in relation to that request, and the person is dissatisfied with the direction;

                     (b)  the person is not eligible to use the process under Part 6A of the Defence Regulation 2016 to resolve the dispute;

                     (c)  the process under Part 6A of the Defence Regulation 2016 is available to the person to resolve the dispute but is not suitable because:

                              (i)  a respondent in relation to the alleged contravention would be involved in conducting the process; and

                             (ii)  there is no other person that is authorised or empowered under that Part to conduct the process in place of the respondent.

Note:          Paragraph (b) may apply, for example, if the person is undertaking a placement in a workplace that is not a Defence workplace.

             (4)  In this regulation:

"defence member " has the same meaning as in the Defence Force Discipline Act 1982 .

2  Part 6-4B (heading)

Omit " or sexually harassed ".

3  Division 2 of Part 6-4B (heading)

Omit " or sexually harassed ".

Division 2--Court fees (amendments of sunsetting instrument)

Federal Court and Federal Circuit and Family Court Regulations 2012

4  After paragraph 2.08(2)(b)

Insert:

                   (ba)  an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3-5A of that Act;

5  After subsection 2.10(2)

Insert:

          (2A)  A fee mentioned in Schedule 1, other than a filing fee mentioned in item 103A or 209A, is not payable in relation to an application under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3-5A of that Act.

6  Subsection 2.20(1)

Omit "102 to 104", substitute "102, 103, 104".

7  Paragraph 2.20(1B)(a)

Omit "102 to 104", substitute "102, 103, 104".

8  Part 1 of Schedule 1 (after table item 103)

Insert:

9  Part 2 of Schedule 1 (after table item 209)

Insert:

Division 3--Court fees (amendments of new instrument)

Federal Court and Federal Circuit and Family Court Regulations 2022

10  After paragraph 2.08(2)(b)

Insert:

                   (ba)  an appeal from a judgment in relation to an application made by a person under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3-5A of that Act;

11  After subsection 2.10(2)

Insert:

          (2A)  A fee mentioned in Schedule 1, other than a filing fee mentioned in item 103A or 209A, is not payable in relation to an application under section 539 of the Fair Work Act 2009 for orders in relation to an alleged contravention of Division 2 of Part 3-5A of that Act.

12  Subsection 2.20(1)

Omit "102 to 104, 107, 124, 201A, 202, 209, 210 and 220", substitute "102, 103, 104, 107, 124, 202, 209, 210 and 220 or the reduced fee in item 201A".

13  Part 1 of Schedule 1 (after table item 103)

Insert:

14  Part 2 of Schedule 1 (after table item 209)

Insert:

15  In the appropriate position in Part 5

Insert:

Division 5.2 -- Amendments made by the Fair Work and Other Legislation Amendment Regulations 2023

5.06   Application provision

                   The amendments of this instrument made by Division 3 of Part 1 of Schedule 1 to the Fair Work and Other Legislation Amendment Regulations 2023 apply in relation to the liability of a person to pay any of the following fees:

                     (a)  a filing fee for filing a document on or after 1 April 2023;

                     (b)  a setting down fee for a hearing if the day when the hearing is fixed is on or after 1 April 2023;

                     (c)  a hearing fee for a hearing day if the day when the hearing day is fixed is on or after 1 April 2023;

                     (d)  any other fee under this instrument for a document or service provided on or after 1 April 2023.

Part 2 -- Advertising rates of pay

Fair Work Regulations 2009

16  Regulation 4.03 (paragraph (a) of the definition of civil remedy provision )

After "item 29", insert "or 29AA".

Part 3 -- Additional registered organisations enforcement options

Fair Work (Registered Organisations) Regulations 2009

17  Part 9 (heading)

Repeal the heading, substitute:

Part 9 -- Compliance and enforcement

18  Before regulation 168

Insert:

Division 1 -- Civil penalties

19  At the end of Part 9

Add:

Division 2 -- Infringement notices

176AA   Provisions subject to an infringement notice

                   For the purposes of subsection 316A(2) of the Act, each provision listed in the following table is prescribed.