Commonwealth Numbered Regulations

FAIR WORK REGULATIONS 2009 (SLI NO 112 OF 2009) - REG 1.16

                For paragraph 40 (2) (b) of the Act, each of the following classes of instruments is prescribed:

                (a)    Ordinances made under the Seat of Government (Administration) Act 1910 that:

                          (i)    deal with public sector employment; and

                         (ii)    were, immediately before the repeal of the Workplace Relations Act 1996 , inconsistent with that Act or any agreement, award order or determination made under that Act;

               (b)    enactments, within the meaning of the Australian Capital Territory (Self-Government) Act 1988 , that:

                          (i)    deal with public sector employment; and

                         (ii)    were, immediately before the repeal of the Workplace Relations Act 1996 , inconsistent with that Act or any agreement, award order or determination made under that Act;

                (c)    determinations mentioned in paragraph 6 (b) of the Northern Territory (Self-Government) Act 1978 that were, immediately before the repeal of the Workplace Relations Act 1996 , inconsistent with an award or workplace agreement (within the meaning of the Workplace Relations Act ).

Note    Under subsection 40 (2) of the Act, fair work instruments, or terms of fair work instruments, that deal with public sector employment prevail over the public sector employment laws as described in that subsection.