Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For paragraph 16 (2) (b) of the Act, subsection 16 (1) of the Act does not apply to a law of a State or Territory of a kind that is mentioned in this regulation.
Note Under subsection 16 (1) of the Act, the Act is intended to apply to the exclusion of specified laws of a State or Territory so far as they would otherwise apply in relation to an employee or employer. The subsection lists the kinds of laws that are excluded.
However, subsection 16 (1) does not apply to a law of a State or Territory so far as the law is prescribed by the regulations as a law to which the subsection does not apply.
Rights and obligations -- general
(2) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to compliance with an obligation:
(a) under:
(i) that law; or
(ii) another law of a State or Territory;
which would otherwise be excluded by subsection 16 (1) of the Act; and
(b) in respect of an act or omission which occurred prior to the reform commencement.
Rights and obligations -- injunctions
(3) However, subregulation (2) does not apply to the extent to which that law of a State or Territory, or another law, provides for the granting of an injunction in relation to conduct that has not yet occurred.
Note The effect of subregulation (3) is that subsection 16 (1) of the Act will apply to a law of a State or Territory to the extent to which it deals with injunctions about rights or obligations in relation to future conduct, and the Act will apply to the exclusion of that law of the State or Territory.
Termination of employment
(4) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to a termination of employment that occurred before the reform commencement.
Unfair contracts
(5) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it:
(a) relates to proceedings that commenced before the reform commencement; and
(b) provides for the variation or setting aside of rights and obligations arising under:
(i) a contract of employment; or
(ii) another arrangement for employment;
that a court or tribunal finds is unfair.
Succession, transmission or assignment of business
(6) Subsection 16 (1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to a succession, transmission or assignment of a business, or a part of a business, that occurred before the reform commencement.