Commonwealth Numbered Regulations

FAIR WORK AMENDMENT REGULATIONS 2009 (NO. 1) (SLI NO 164 OF 2009) - SCHEDULE 1

(regulation 3)

[1]           Part 1-3, after Division 2

insert

Division 2A            Application of Act in a referring State

1.15A       State public sector employer

                For paragraph (d) of the definition of State public sector employer in section 30A of the Act, the following kinds of employers are specified:

                (a)    an employer:

                          (i)    that is a public entity within the meaning of the Public Administration Act 2004 of Victoria; and

                         (ii)    to which paragraphs (a), (b) and (c) of the definition of State public sector employer do not apply;

               (b)    an employer:

                          (i)    that is a special body within the meaning of the Public Administration Act 2004 of Victoria; and

                         (ii)    to which paragraphs (a), (b) and (c) of the definition of State public sector employer do not apply.

Division 3               Geographical application of the Act

1.15B      Definitions for Division 3

                In this Division:

"innocent passage" has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

"transit passage" has the meaning it has under the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

1.15D      Modification of application of Act -- foreign ships engaged in innocent passage

                For section 32 of the Act, the Act does not apply in relation to:

                (a)    all the waters of the sea on the landward side of the outer limits of the territorial sea of Australia, including such waters within the limits of a State or Territory; and

               (b)    the Territory of Christmas Island; and

                (c)    the Territory of Cocos (Keeling) Islands;

to the extent to which its application would be inconsistent with a right of innocent passage or transit passage being exercised by a foreign ship.

1.15F       Extension of Act beyond the exclusive economic zone and the continental shelf

         (1)   For subsection 34 (3) of the Act, the Act is extended to:

                (a)    an Australian employer; and

               (b)    an Australian-based employee;

in relation to the Australian Antarctic Territory.

         (2)   For subsection 34 (3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:

                (a)    an Australian employer in relation to the employer's Australian-based employees; and

               (b)    an Australian-based employee in relation to the employee's employer if the same enterprise agreement applies to both of them;

in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

         (3)   For subsection 34 (3) of the Act, the provisions of the Act mentioned in the following table, and the rest of the Act so far as it relates to those provisions, are extended to:

                (a)    an Australian employer in relation to the employer's Australian-based employees; and

               (b)    an Australian-based employee in relation to the employee's employer;

in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

         (4)   For subsection 34 (3) of the Act, Part 3-1 of the Act, and the rest of the Act so far as it relates to that Part, are extended to:

                (a)    an Australian employer; and

               (b)    an Australian-based employee;

in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Note    Part 3-1 of the Act relates to general protections.

         (5)   For subsection 34 (3) of the Act, Part 3-2 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian-based employee in relation to the employee's Australian employer in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Note    Part 3-2 of the Act relates to unfair dismissal.

         (6)   For subsection 34 (3) of the Act, Part 3-5 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian employer in relation to the employer's Australian-based employees in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.

Note 1    Part 3-5 of the Act relates to stand down.

Note 2    Provisions of the Act that are specified as extending beyond the exclusive economic zone and the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) are subject to:

(a)   Australia's international obligations relating to foreign ships; and

(b)   the concurrent jurisdiction of a foreign State.

[2]           Subregulation 3.13 (7), at the foot

insert

Note    Subregulation (7) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[3]           Subregulation 3.13 (8), at the foot

insert

Note    Subregulation (8) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[4]           Subregulation 3.19 (10), at the foot

insert

Note    Subregulation (10) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[5]           Regulation 3.31, including the note

substitute

3.31         Records -- form

         (1)   For subsection 535 (1) of the Act, an employee record made and kept by an employer for this Subdivision must be of the following kind:

                (a)    a record in a legible form and in the English language;

               (b)    a record in a form that is readily accessible to an inspector.

Note    Subsection 535 (1) of the Act is a civil remedy provision. Section 558 of the Act and Division 4 of Part 4-1 of the Act deal with infringement notices relating to alleged contraventions of civil remedy provisions.

         (2)   For section 796 of the Act, an employee record made and kept by an employer for this Subdivision must be of the following kind:

                (a)    a record in a legible form and in the English language;

               (b)    a record in a form that is readily accessible to an inspector.

Note    Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[6]           Subregulation 3.41 (2), at the foot

insert

Note    Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[7]           Subregulation 3.41 (4), at the foot

insert

Note    Subregulation (4) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[8]           Subregulation 3.41 (5), at the foot

insert

Note    Subregulation (5) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[9]           Subregulation 3.41 (6), at the foot

insert

Note    Subregulation (6) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[10]         Subregulation 3.42 (1), at the foot

insert

Note    Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[11]         Subregulation 3.42 (2), at the foot

insert

Note    Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[12]         Subregulation 3.42 (3), at the foot

insert

Note    Subregulation (3) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[13]         Subregulation 3.42 (4), note

substitute

Note 1    Subregulation (4) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

Note 2    Under the Act, an inspector is also permitted to inspect and copy an employee record for the purposes of the Act. The inspector may also require the production of the employee record.

[14]         Subregulation 3.43 (1), at the foot

insert

Note    Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[15]         Subregulation 3.44 (1), at the foot

insert

Note    Subregulation (1) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[16]         Subregulation 3.44 (2), at the foot

insert

Note    Subregulation (2) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[17]         Subregulation 3.44 (3), at the foot

insert

Note    Subregulation (3) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[18]         Subregulation 3.44 (4), at the foot

insert

Note    Subregulation (4) is a civil remedy provision to which Part 4-1 applies. Division 4 of Part 4-1 deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[19]         Subregulation 3.44 (5)

omit

other person

insert

another person

[20]         Subregulation 3.44 (5), at the foot

insert

Note    Subregulation (5) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[21]         Subregulation 3.44 (6), at the foot

insert

Note    Subregulation (6) is a civil remedy provision to which Part 4-1 of the Act applies. Division 4 of Part 4-1 of the Act deals with infringement notices relating to alleged contraventions of civil remedy provisions.

[22]         Part 4-1, before Division 3

insert

Division 2               Orders

4.01A       Applications for orders in relation to contraventions of civil remedy provisions

         (1)   For subsection 539 (3) of the Act, a provision referred to in an item of the table in subregulation (2) is a civil remedy provision.

         (2)   For each civil remedy provision in an item of the table, the table sets out:

                (a)    the persons who would be referred to in column 2 of the table in subsection 539 (2) of the Act if there were an item for the civil remedy provision in that table; and

               (b)    the Courts that would be referred to in column 3 of that table; and

                (c)    the maximum penalty that would be referred to in column 4 of that table.

[23]         Regulation 4.03, definition of civil remedy provision

substitute

civil remedy provision means a civil remedy provision in:

                (a)    item 29 of the table in subsection 539 (2) of the Act; or

               (b)    items 4 to 19 of the table in subregulation 4.01A (2).

[24]         Before regulation 4.04

insert in Division 4

4.03A       Course of conduct

                For paragraph 557 (2) (s) of the Act, each civil remedy provision mentioned in items 4 to 19 of the table in subregulation 4.01A (2) is prescribed.

[25]         Regulation 5.01

omit

For subparagraph 625 (2) (i)

 insert

         (1)   For paragraph 625 (2) (i)

[26]         Regulation 5.01

insert

         (2)   For paragraph 625 (2) (i) of the Act, each of the following functions is a prescribed function:

                (a)    being satisfied under subregulation 3.02 (7) that a person making an application to FWA under section 365 of the Act will suffer serious hardship if the person is required to pay the fee for the application ;

               (b)    being satisfied under subregulation 3.03 (7) that a person making an application to FWA under section 372 of the Act will suffer serious hardship if the person is required to pay the fee for the application;

                (c)    being satisfied under subregulation 3.07 (7) that a person making an application to FWA under Division 5 of Part 3-2 of the Act will suffer serious hardship if the person is required to pay the fee for the application;

               (d)    being satisfied under subregulation 6.05 (7) that a person making an application to FWA under subsection 773 (2) of the Act will suffer serious hardship if the person is required to pay the fee for the application.

[27]         Paragraph 5.04 (1) (b)

after

Part 2

insert

of

[28]         Paragraph 6.08 (1) (c)

omit

1910 .

insert

1910 ;

[29]         After paragraph 6.08 (1) (c)

insert

               (d)    the Members of Parliament (Staff) Act 1984 .

[30]         Schedule 5.2, Part 1, after item 1

insert

[31]         Schedule 5.2, Part 1, item 2.6

omit

The number of enterprise agreements

insert

The number of variations of enterprise agreements

[32]         Schedule 5.2, Part 1, item 2.7

omit

section 211

insert

section 217

[33]         Schedule 5.2, Part 1, item 11.6

omit

[34]         Schedule 5.2, Part 1, after item 13

insert

[35]         Schedule 5.2, Part 1, item 14.4

omit

For a list

insert

For each application in a list

[36]         Schedule 5.2, Part 1, after item 14

insert

[37]         Schedule 5.2, Part 1, after item 15

insert

[38]         Schedule 5.2, Part 2, item 3.12

omit

For a list

insert

For each application in a list

[39]         Schedule 6.3, item 5, column 3

omit

Insert