Commonwealth Numbered Regulations

1994 No. 386 INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) - REG 5

5.1 After regulation 30B, insert: Exclusion of trainees

"30BA. (1) For the purposes of section 170CC of the Act, a trainee to whom
subregulation (2) applies is excluded from the operation of Subdivisions B, C,
D, and E of Division 3 of Part VIA of the Act.



"(2) This subregulation applies to a trainee if the trainee's employment under
a traineeship agreement:

   (a)  is for a specified period; or

   (b)  is for any other reason limited to the duration of the agreement.

Exclusion of employees under the Australian Federal Police Act 1979

"30BB. (1) For the purposes of section 170CC of the Act, an employee who is
appointed, employed or otherwise engaged under the Australian Federal Police 
Act 1979 is excluded from the operation of Subdivisions B, C, D, and E of
Division 3 of Part VIA of the Act.

"(2) This regulation ceases to have effect on 1 January 1996.

Exclusion of certain casual etc. employees

"30BC. (1) For the purposes of section 170CC of the Act, the following
employees are excluded from the operation of sections 170DB, 170DD and 170EF
and Subdivisions D and E of Division 3 of Part VIA of the Act:

   (a)  a casual employee other than a casual employee engaged for a short
        period within the meaning of subregulation 30B (3);

   (b)  a daily hire employee:

        (i)    who is performing work in the building and construction
               industry; or

        (ii)   who is performing work in the meat industry in, or in
               connection with, the slaughter of livestock;

   (c)  subject to subregulation (2), an employee engaged under a contract of
        employment for a specified period of time, being a contract that was
        entered into on or after 16 November 1994, if the specified period is
        6 months or more;

   (d)  an employee whose employment is regulated by Schedule X (Marine Cooks,
        Marine Stewards and Seamen's Engagement System Schedule) of the award
        known as the Maritime Industry Seagoing Award 1983, as in force on 16
        November 1994.



"(2) Subregulation (1) does not apply to an employee engaged under a contract
of a kind referred to in paragraph (1) (c) if a main purpose of the engagement
under a contract of that kind is, or was at the time of the employee's
engagement, to avoid the employer's obligations under section 170DB, 170DD or
170EF, or Subdivision D or E of Division 3 of Part VIA, of the Act.



"(3) For the purposes of section 170CC of the Act, a weekly hire employee who
is performing work in, or in connection with, the meat industry, is excluded
from the operation of sections 170DB, 170DD and 170EF and Subdivisions D and E
of Division 3 of Part VIA of the Act in relation to a termination of the
employee's employment solely because of seasonal factors.



"(4) In this regulation, 'work in the building and construction industry'
includes work in, or in connection with, the erection, repair, renovation,
maintenance, ornamentation or demolition of buildings or structures.".