Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] After Part 6-3
insert
Part 6-3A Transfer of business from State public sector employer
6.03A FWA orders about coverage for employee organisations
For paragraph 768BB (3) (a) of the Act, a circumstance in which FWA may make an order mentioned in subsection 768BB (1) of the Act is that the order is to be made:
(a) on FWA's own initiative; or
(b) on application to FWA by a transferring employee, or a person who is likely to be a transferring employee; or
(c) on application to FWA by the new employer, or a person who is likely to be the new employer; or
(d) on application to FWA by an employee organisation that is entitled to represent the industrial interests of an employee mentioned in paragraph (b).
6.03B Model term for dealing with disputes about matters arising under a copied State instrument
For section 768BK of the Act, the model term for dealing with disputes about matters arising under a copied State instrument is set out in Schedule 6.1A.
[2] After Schedule 6.1
insert
Schedule 6.1A Model term for dealing with disputes about matters arising under copied State instrument
(regulation 6.03B)
Model term
(1) This term sets out procedures to settle a dispute about a matter arising under a copied State instrument.
(2) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
(3) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
(4) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Australia.
(5) Fair Work Australia may deal with the dispute in 2 stages:
(a) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act.
A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5-1 of the Act. Therefore, an appeal may be made against the decision.
(6) While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable work health and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the direction.
(7) The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this term.