Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) For paragraph 17 (2) (b) of the Act, the laws of a State or Territory set out in this regulation are prescribed as laws to which awards and workplace agreements are not subject.
Note Under subsection 17 (2) of the Act, a term of an award or workplace agreement dealing with:
(a) occupational health and safety; or
(b) workers compensation; or
(c) training arrangements; or
(d) a matter prescribed by the regulations;
has effect subject to a law of a State or Territory dealing with the matter, except a law that is prescribed by the regulations as a law to which awards and workplace agreements are not subject.
Monetary allowances and benefits
(2) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for:
(i) remuneration, including basic rates of pay; or
(ii) any other payment of an amount of money to an employee.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Non‑monetary allowances and benefits
(3) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, an allowance or benefit that is not made available as money.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Example
The provision of uniforms, tools or meals.
Leave
(4) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for:
(i) leave (whether paid or unpaid); or
(ii) leave loadings.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Example
The provision of:
(a) annual leave; or
(b) long service leave; or
(c) personal leave (including sick leave and carer's leave); or
(d) bereavement leave; or
(e) leave without pay.
Public holidays
(5) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, the observance of:
(i) days declared by or under a law of the State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days; and
(ii) days to be substituted for, or a procedure for substituting, days mentioned in subparagraph (i).
Note Training arrangement is defined in subsection 4 (1) of the Act.
Hours of work
(6) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for:
(i) ordinary time hours; or
(ii) the time within ordinary time hours are performed; or
(iii) overtime or additional hours; or
(iv) rest breaks; or
(v) notice periods; or
(vi) variations to working hours; or
(vii) rostering arrangements.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Types of employment
(7) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, types of employment.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Examples
Full‑time employment, casual employment, regular part‑time employment and shift work.
Probationary employment
(8) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, probationary employment.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Termination of employment
(9) A law of a State or Territory:
(a) is prescribed to the extent to which it relates to training arrangements and deals with, or allows arrangements to be made for:
(i) the way in which employment is terminated; or
(ii) the entitlements that may apply if employment is terminated; or
(iii) the remedies available to a person whose employment is terminated; but
(b) is not prescribed to the extent to which it deals with, or allows arrangements to be made for, the termination of a training contract or a training agreement.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Stand down
(10) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, the standing down of employees.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Jury service
(11) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, jury service.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Superannuation
(12) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, superannuation.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Dispute resolution
(13) A law of a State or Territory:
(a) is prescribed to the extent to which it:
(i) relates to training arrangements; and
(ii) deals with, or allows arrangements to be made for, dispute resolution and dispute resolution processes; but
(b) is not prescribed to the extent to which it deals with, or allows arrangements to be made for, dispute resolution processes about matters arising under a training contract or a training agreement.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Training qualifications
(14) A law of a State or Territory:
(a) is prescribed to the extent to which it:
(i) relates to training arrangements; and
(ii) deals with, or allows arrangements to be made for, the performance, conduct and discipline of an employee; but
(b) is not prescribed to the extent to which it deals with, or allows arrangements to be made for, the award of training qualifications.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Outworkers
(15) A law of a State or Territory is prescribed to the extent to which it:
(a) relates to training arrangements; and
(b) deals with, or allows arrangements to be made for, the conditions (other than pay) of an outworker.
Note Training arrangement is defined in subsection 4 (1) of the Act.
Other conditions
(16) A law of a State or Territory is prescribed to the extent to which it:
(a) deals with any matter that could be included in an award; and
(b) deals with, or allows arrangements to be made for, any term or condition of employment not mentioned in subregulations (2) to (15) in relation to a training arrangement.
Note Training arrangement is defined in subsection 4 (1) of the Act.