This legislation has been repealed.
TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Short title [see Note 1] 2. Commencement [see Note 1] 3. Principal object 4. Definitions 5. Employee 6. Employer 7. Employment 8. Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect 9. Schedule 10 has effect 10. Act binds Crown 11. Modifications for Christmas Island and Cocos (Keeling) Islands 12. Exclusion of persons insufficiently connected with Australia 13. Extraterritorial application 14. Act not to apply so as to exceed Commonwealth power 15. Application of Criminal Code 16. Act excludes some State and Territory laws 17. Awards, agreements and Commission orders prevail over State and Territory law etc. 18. Act may exclude State and Territory laws in other cases PART 2--AUSTRALIAN FAIR PAY COMMISSION Division 1--Preliminary 19. Definitions Division 2--Australian Fair Pay Commission Subdivision A--Establishment and functions 20. Establishment 21. Functions of the AFPC Subdivision B--AFPC's wage-setting function 22. AFPC's wage-setting function 23. AFPC's wage-setting parameters 24. Wage reviews and wage-setting decisions 25. Constitution of the AFPC for wage-setting powers 26. Publishing wage-setting decisions etc. Subdivision C--Operation of the AFPC 27. AFPC to determine its own procedures 28. Annual report Subdivision D--AFPC Chair 29. Appointment 30. Remuneration 31. Leave of absence 32. Engaging in other paid employment 33. Disclosure of interests 34. Resignation 35. Termination of appointment 36. Other terms and conditions 37. Acting AFPC Chair Subdivision E--AFPC Commissioners 38. Appointment 39. Remuneration 40. Leave of absence 41. Disclosure of interests 42. Resignation 43. Termination of appointment 44. Other terms and conditions 45. Acting AFPC Commissioners Division 3--AFPC Secretariat Subdivision A--Establishment and function 46. Establishment 47. Function Subdivision B--Operation of the AFPC Secretariat 48. AFPC Chair may give directions 49. Annual report Subdivision C--The Director of the Secretariat 50. Appointment 51. Remuneration 52. Leave of absence 53. Engaging in other paid employment 54. Disclosure of interests 55. Resignation 56. Termination of appointment 57. Other terms and conditions 58. Acting Director of the Secretariat Subdivision D--Staff and consultants 59. Staff 60. Consultants PART 3--AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Division 1--Establishment of Commission 61. Establishment of Commission 62. Functions of Commission 63. Appointment of Commission members etc. 64. Qualifications for appointment 65. Seniority 66. Performance of duties on part-time basis 67. Dual federal and State appointments 68. Performance of duties by dual federal and State appointees 69. Dual federal appointments 70. Appointment of a Judge as President not to affect tenure etc. 71. Tenure of Commission members 72. Acting President 73. Acting Vice President 74. Acting Senior Deputy President 75. Acting Deputy Presidents 76. Oath or affirmation of office 77. Discharge of Commission's business 78. Duty of Commission members 79. Remuneration and allowances of Presidential Members etc. 80. Application of Judges' Pensions Act 81. Remuneration and allowances of Commissioners 82. Removal of Presidential Member from office 83. Outside employment of Commissioner 84. Leave of absence of Commissioner 85. Disclosure of interest by Commission members 86. Termination of appointment of Commissioner 87. Resignation by Commission member Division 2--Organisation of Commission 88. Manner in which Commission may be constituted 89. Powers exercisable by single member of Commission 90. Functions and powers conferred on members 91. Exercise of Commission powers 92. Continuation of hearing by Commission 93. Commission divided in opinion 94. Arrangement of business of Commission 95. Panels of Commission for particular industries 96. Delegation by President 97. Protection of Commission members 98. Co-operation with the States by President 99. Co-operation with the States by Registrar Division 3--Representation and intervention 100. Representation of parties before Commission 101. Intervention generally 102. Particular rights of intervention of Minister Division 4--General matters relating to the powers and procedures of the Commission Subdivision A--General matters Commission to take into account 103. Commission to take into account the public interest 104. Commission to take into account discrimination issues 105. Commission to take account of Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act 106. Commission to take account of Family Responsibilities Convention 107. Safety, health and welfare of employees 108. Commission to act quickly 109. Commission to avoid technicalities and facilitate fair conduct of proceedings Subdivision B--Particular powers and procedures of the Commission 110. Procedure of Commission 111. Particular powers of Commission 112. Reference of proceedings to Full Bench 113. President may deal with certain proceedings 114. Review on application by Minister 115. Compulsory conferences 116. Power to override certain laws affecting public sector employment 117. State authorities may be restrained from dealing with matter that is before the Commission 118. Joint sessions of Commission 119. Revocation and suspension of awards and orders Division 5--Appeals to Full Bench and references to Court 120. Appeals to Full Bench relating to matters arising other than under the Registration and Accountability of Organisations Schedule 121. Appeals to Full Bench relating to matters arising under the Registration and Accountability of Organisations Schedule etc. 122. References to Court by Commission on question of law Division 6--Miscellaneous 123. Seals of Commission 124. Rules of Commission 125. President must provide certain information etc. to the Minister 126. Annual report of Commission PART 4--AUSTRALIAN INDUSTRIAL REGISTRY Division 1--Interpretation 127. Definition of State industrial body Division 2--Establishment and functions of Australian Industrial Registry 128. Australian Industrial Registry 129. Functions of the Industrial Registry 130. Registries 131. Seals of the Registry 132. Annual report of Industrial Registry Division 3--Registrars 133. Industrial Registrar 134. Tenure of office of Industrial Registrar 135. Remuneration and allowances of Industrial Registrar 136. Outside employment of Industrial Registrar 137. Disclosure of interests by Industrial Registrar 138. Leave of absence of Industrial Registrar 139. Resignation by Industrial Registrar 140. Termination of appointment of Industrial Registrar 141. Deputy Industrial Registrars 142. Acting Industrial Registrar 143. Acting Deputy Industrial Registrars 144. Oath or affirmation of office of Registrar Division 4--References and appeals 145. References by Registrar to Commission 146. Removal of matters before Registrar 147. Appeals from Registrar to Commission 148. References to Court by Registrar on question of law Division 5--Staff 149. Staff PART 5--WORKPLACE AUTHORITY DIRECTOR Division 1--Workplace Authority Director Subdivision A--Establishment and functions 150A. Workplace Authority Director 150B. Functions of Workplace Authority Director 150C. Minister may give directions to Workplace Authority Director Subdivision B--Appointment and terms and conditions 151A. Appointment of Workplace Authority Director 151B. Remuneration 151C. Leave of absence 151D. Other terms and conditions 151E. Outside employment 151F. Disclosure of interests 151G. Acting appointments 151H. Resignation 151J. Termination of appointment Division 2--Workplace Authority Deputy Directors 152A. Workplace Authority Deputy Directors 152B. Appointment of Workplace Authority Deputy Director 152C. Remuneration 152D. Leave of absence 152E. Other terms and conditions 152F. Outside employment 152G. Disclosure of interests 152H. Resignation 152J. Termination of appointment Division 3--Staff, delegations etc 153A. Staff 153B. Workplace Authority 153C. Delegation Division 4--Reporting and disclosing information Subdivision A--Reporting 163A. Minister may require reports 163B. Annual report 163C. Reports not to include information relating to an individual's affairs Subdivision B--Disclosing information 164A. Disclosure of information by workplace agreement officials 165. Identity of parties to ITEAs not to be disclosed 166. Publication of workplace agreements etc. by Workplace Authority Director PART 5A--WORKPLACE OMBUDSMAN Division 1--Establishment and functions 166A. Workplace Ombudsman 166B. Functions of the Workplace Ombudsman 166C. Minister may give directions to Workplace Ombudsman Division 2--Appointment and terms and conditions 166D. Appointment of Workplace Ombudsman 166E. Remuneration 166F. Leave of absence 166G. Other terms and conditions 166H. Outside employment 166J. Disclosure of interests 166K. Acting appointments 166L. Resignation 166M. Termination of appointment Division 3--Staff, delegations etc 166N. Staff 166P. Office of the Workplace Ombudsman 166Q. Delegation Division 4--Reporting and disclosing information Subdivision A--Reporting to Minister 166R. Minister may require reports 166S. Annual report 166T. Reports not to include information relating to an individual's affairs Subdivision B--Disclosing information 166U. Disclosure of information by members of the Office of the Workplace Ombudsman 166V. Directions about exercise of powers to disclose information PART 6--WORKPLACE INSPECTORS 167. Inspectors 168. Identity cards 169. Powers of inspectors PART 7--THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD Division 1--Preliminary 171. Purpose of Part 172. Operation of the Australian Fair Pay and Conditions Standard 173. Australian Fair Pay and Conditions Standard cannot be excluded 174. Extraterritorial extension 175. Model dispute resolution process Division 2--Wages Subdivision A--Preliminary 176. AFPC's wage-setting parameters etc. 178. Definitions 179. Meaning of casual loading provisions 180. Meaning of classification 181. Meaning of rate provisions Subdivision B--Guarantee of basic rates of pay 182. The guarantee 183. An employee's guaranteed hours for the purpose of section 182 184. Modified operation of section 182 to continue effect of Supported Wage System for certain employees with a disability Subdivision C--Guarantee of casual loadings 185. The guarantee 186. Default casual loading percentage Subdivision D--Guarantee of frequency of payment 189. The guarantee Subdivision E--Guarantee against reductions below pre-reform commencement rates 190. The guarantee where only basic periodic rates of pay are involved 191. The guarantee where basic piece rates of pay are involved 192. The guarantee for casual loadings that apply to basic periodic rates of pay Subdivision F--The guarantee against reductions below Federal Minimum Wages 193. The guarantee Subdivision G--Federal Minimum Wages 194. When is there an FMW for an employee? 195. Standard FMW 196. Adjustment of standard FMW 199. How a special FMW is to be expressed 200. Adjustment of a special FMW Subdivision H--Australian Pay and Classification Scales 201. What is an APCS? 202. What must or may be in an APCS? 203. How pay rates and loadings are to be expressed in an APCS 204. When is employment covered by an APCS? 205. What if 2 or more APCSs would otherwise cover an employee? 207. Deeming APCS rates to at least equal FMW rates after first exercise of AFPC's powers takes effect Subdivision I--Australian Pay and Classification Scales 208. Deriving preserved APCSs from pre-reform wage instruments 209. Notional adjustment: rates and loadings determined as for reform comparison day 210. Notional adjustment: deducing basic periodic rate of pay and casual loading from composite rate 211. Notional adjustment: how basic periodic rates and loadings are expressed 212. Regulations dealing with notional adjustments 213. Certain regulations relating to preserved APCSs may take effect before registration Subdivision K--Australian Pay and Classification Scales 215. Duration of APCSs 216. Adjustment of APCSs Subdivision L--Adjustments to incorporate 2005 Safety Net Review etc 218. Adjustments to incorporate 2005 Safety Net Review 219. Regulations may require adjustments to incorporate other decisions Subdivision M--Special provisions relating to APCSs for employees with a disability 219A. Coverage of special APCSs for employees with a disability Subdivision N--Miscellaneous 222. Anti-discrimination considerations Division 3--Maximum ordinary hours of work Subdivision A--Preliminary 223. Employees to whom Division applies 224. Definitions 225. Agreement between employees and employers Subdivision B--Guarantee of maximum ordinary hours of work 226. The guarantee Division 4--Annual leave Subdivision A--Preliminary 227. Employees to whom Division applies 228. Definitions 229. Meaning of nominal hours worked 230. Agreement between employees and employers 231. Regulations may prescribe different definitions for piece rate employees Subdivision B--Guarantee of annual leave 232. The guarantee 233. Entitlement to cash out annual leave Subdivision C--Annual leave rules 234. Annual leave--accrual, crediting and accumulation rules 235. Annual leave--payment rules 236. Rules about taking annual leave 237. Annual leave and workers' compensation Subdivision D--Service 238. Annual leave--service Division 5--Personal leave Subdivision A--Preliminary 239. Employees to whom Division applies 240. Definitions 241. Meaning of nominal hours worked 242. Agreement between employees and employers 243. Regulations may prescribe different definitions for piece rate employees 244. Meaning of personal/carer's leave Subdivision B--Guarantee of paid personal 245. The guarantee 245A. Entitlement to cash out an amount of paid personal/carer's leave 246. Paid personal/carer's leave--accrual, crediting and accumulation rules 247. Paid personal/carer's leave--payment rule 247A. Entitlement to leave for all nominal hours in a day also extends to other hours on that day 248. Paid personal/carer's leave--workers' compensation 249. Paid carer's leave--annual limit Subdivision C--Guarantee of unpaid carer's leave 250. The guarantee 251. Unpaid carer's leave--how taken 252. Unpaid carer's leave--paid personal leave exhausted Subdivision D--Notice and evidence requirements 253. Sick leave--notice 254. Sick leave--documentary evidence 255. Carer's leave--notice 256. Carer's leave--documentary evidence Subdivision E--Guarantee of compassionate leave 257. The guarantee 258. Taking compassionate leave 259. Compassionate leave--payment rule Subdivision F--Personal leave 260. Paid personal leave--service 261. Unpaid carer's leave--service Division 6--Parental leave Subdivision A--Preliminary 262. Employees to whom Division applies 263. Definitions 264. Meaning of eligible casual employee 264A. Regulations may prescribe different definition for piece rate employees Subdivision B--Guarantee of maternity leave 265. The guarantee 266. Period of maternity leave 267. Period of special maternity leave 268. Transfer to a safe job Subdivision C--Maternity leave 269. Special maternity leave--documentation 270. Ordinary maternity leave--medical certificate 271. Ordinary maternity leave--application Subdivision D--Maternity leave 272. Maternity leave--start of leave 273. Requirement to take leave--for 6 weeks after birth 274. Requirement to take leave--within 6 weeks before birth 275. End of pregnancy--effect on ordinary maternity leave entitlement 276. Death of child--effect on ordinary maternity leave entitlement 277. End of ordinary maternity leave if employee stops being primary care-giver 278. Variation of period of ordinary maternity leave 279. Employee's right to terminate employment during maternity leave 280. Return to work guarantee--maternity leave 281. Replacement employees--maternity leave Subdivision E--Guarantee of paternity leave 282. The guarantee 283. Period of paternity leave 284. Short paternity leave--concurrent leave taken by spouse 285. Long paternity leave--not to be concurrent with maternity leave taken by spouse Subdivision F--Paternity leave 286. Paternity leave--medical certificate 287. Short paternity leave--application 288. Long paternity leave--documentation Subdivision G--Paternity leave 289. Short paternity leave--when taken 290. Long paternity leave--when taken 291. End of pregnancy--effect on paternity leave 292. Death of child--effect on paternity leave 293. End of long paternity leave if employee stops being primary care-giver 294. Variation of period of long paternity leave 295. Employee's right to terminate employment during paternity leave 296. Return to work guarantee--paternity leave 297. Replacement employees--long paternity leave Subdivision H--Guarantee of adoption leave 298. Meaning of eligible child 299. The guarantee--pre-adoption leave 300. The guarantee--adoption leave 301. Period of adoption leave 302. Short adoption leave--concurrent leave taken by spouse 303. Long adoption leave--not to be concurrent with adoption leave taken by spouse Subdivision I--Adoption leave 304. Adoption leave--notice 305. Short adoption leave--application 306. Long adoption leave--application 307. Adoption leave--additional documents Subdivision J--Adoption leave 308. Short adoption leave--when taken 309. Long adoption leave--when taken 310. Placement does not proceed--effect on adoption leave 311. End of long adoption leave if employee stops being primary care-giver 312. Variation of period of long adoption leave 313. Employee's right to terminate employment during adoption leave 314. Return to work guarantee--adoption leave 315. Replacement employees--long adoption leave Subdivision K--Parental leave 316. Parental leave and service Division 7--Civil remedies 317. Definition 318. Civil remedies 319. Standing for civil remedies 320. Court orders PART 8--WORKPLACE AGREEMENTS Division 1--Preliminary 321. Definitions 322. Single business and single employer 323. New business 324. Extended operation of Part in relation to proposed workplace agreements 324A. Documents taken to be workplace agreements etc. 325. Extraterritorial extension Division 2--Types of workplace agreements 326. Individual transitional employment agreements 327. Employee collective agreements 328. Union collective agreements 329. Union greenfields agreements 330. Employer greenfields agreements 331. Multiple-business agreements 332. Authorisation of multiple-business agreements 333. When a workplace agreement is made Division 3--Bargaining agents 334. Bargaining agents--ITEAs 335. Bargaining agents--employee collective agreements Division 4--Pre-lodgment procedure 336. Eligible employee 337. Providing employees with ready access and information statement 338. Employees may waive 7-day period 339. Prohibition on withdrawal from union collective agreement 340. Approval of a workplace agreement 341. Employer must not lodge unapproved agreement Division 5--Lodgment 342. Employer must lodge certain workplace agreements with the Workplace Authority Director 343. Lodging multiple-business agreement without authorisation 344. Lodging of workplace agreement documents with the Workplace Authority Director 345. Workplace Authority Director must issue receipt for lodgment of declaration for workplace agreement 346. Employer must notify employees after lodging workplace agreement 346A. Employer to provide copy of lodged ITEA to employee Division 5A--The no-disadvantage test Subdivision A--Preliminary 346B. Definitions 346C. Application of Division to workplace agreements Subdivision B--The no-disadvantage test 346D. When does an agreement pass the no-disadvantage test? 346E. Reference instruments etc. 346F. Agreements to be tested as at lodgment date 346G. Designated awards--before a workplace agreement or variation is lodged 346H. Designated awards--after a workplace agreement or variation is lodged 346HA. Effect of State awards etc. 346J. Matters taken into account when testing agreement etc. Subdivision C--Agreements that operate from approval, and variations of agreements 346K. Application of this Subdivision 346L. Applying the no-disadvantage test 346M. Workplace Authority Director must notify of decision 346N. Agreement does not pass no-disadvantage test 346P. Lodging of variation documents with the Workplace Authority Director 346Q. Workplace Authority Director must test varied agreement 346R. Operation of section 346N variations Subdivision D--Agreements that operate from lodgment 346S. Application of this Subdivision 346T. Applying the no-disadvantage test 346U. Workplace Authority Director must notify of decision 346V. Agreement does not pass no-disadvantage test--agreement not in operation 346W. Agreement does not pass no-disadvantage test--agreement in operation 346X. Lodging of variation documents with the Workplace Authority Director 346Y. Operation of section 346W variations 346Z. Workplace Authority Director must test varied agreement 346ZA. Effect of decision on no-disadvantage test 346ZB. Employment arrangements that apply if a workplace agreement ceases to operate because it does not pass no-disadvantage test 346ZC. Effect of section 346ZB in relation to instruments 346ZD. Redundancy provisions and section 394 undertakings 346ZE. Operation of workplace agreements 346ZF. Regulations may make provision for operation of provisions of revived instruments Subdivision E--Entitlement to compensation 346ZG. Employee is entitled to compensation in respect of no-disadvantage test period Subdivision F--Civil remedy provisions 346ZH. Employer must notify employees 346ZJ. Employer not to dismiss etc. employee because agreement does not pass the no-disadvantage test 346ZK. Other remedies for the contravention of section 346ZJ Division 6--Operation of workplace agreements and persons bound 347. When a workplace agreement is in operation 347A. Whether certain non-compliance affects the operation of a workplace agreement 348. Relationship between overlapping workplace agreements 349. Effect of awards while workplace agreement is in operation 350. Workplace agreement displaces certain Commonwealth laws 351. Persons bound by workplace agreements Division 7--Content of workplace agreements Subdivision A--Required content 352. Nominal expiry date 353. Workplace agreement to include dispute settlement procedures Subdivision B--Prohibited content 356. Prohibited content 357. Employer must not lodge agreement containing prohibited content 358. Prohibited content in workplace agreement is void 359. Initiating consideration of removal of prohibited content 360. Workplace Authority Director must give notice that he or she is considering variation 361. Matters to be contained in notice 362. Employer must ensure employees have ready access to notice 363. Workplace Authority Director must remove prohibited content from agreement 364. Employer must give employees notice of removal of prohibited content 365. Seeking to include prohibited content in an agreement 366. Misrepresentations about prohibited content Division 8--Varying a workplace agreement Subdivision A--General 367. Varying a workplace agreement 368. When a variation to a workplace agreement is made 368A. Documents taken to be variations of workplace agreements etc. Subdivision B--Pre-lodgment procedure for variations 369. Eligible employee in relation to variation of workplace agreement 370. Providing employees with ready access and information statement 371. Employees may waive 7-day period 372. Prohibition on withdrawal from variation to union collective agreement or union greenfields agreement 373. Approval of a variation to a workplace agreement 374. Employer must not lodge unapproved variation Subdivision C--Lodgment of variations 375. Employer must lodge variations with the Workplace Authority Director 376. Lodging variation to multiple-business agreement without authorisation 377. Lodging of variation documents with the Workplace Authority Director 378. Workplace Authority Director must issue receipt for lodgment of declaration for variation 379. Employer must notify employees after lodging variation Subdivision D--When a variation comes into operation 380. When a variation comes into operation 380A. Whether certain non-compliance affects the operation of a variation Division 9--Terminating a workplace agreement Subdivision A--General 381. Types of termination 381A. Documents taken to be terminations of workplace agreements etc. Subdivision B--Termination by approval 382. Terminating a workplace agreement by approval 383. Eligible employee in relation to termination of workplace agreement 384. Providing employees with information statement 385. Prohibition on withdrawal from termination of union collective agreement or union greenfields agreement 386. Approval of a termination 387. Employer must not lodge unapproved termination Subdivision C--Termination by approval 388. Employer must lodge termination with the Workplace Authority Director 389. Lodging termination documents with the Workplace Authority Director 390. Workplace Authority Director must issue receipt for lodgment of declaration for termination 391. Employer must notify employees after lodging termination Subdivision D--Unilateral termination after nominal expiry date 392. Unilateral termination in a manner provided for in workplace agreement 393. Unilateral termination of ITEA with 90 days written notice 394. Undertakings about post-termination conditions 395. Lodging unilateral termination documents with the Workplace Authority Director 396. Workplace Authority Director must issue receipt for lodgment of declaration for notice of termination 397. Employer must notify employees after lodging notice of termination Subdivision DA--Termination by the Commission 397A. Termination by the Commission Subdivision E--Effect of termination 398. Whether a termination takes effect if certain non-compliance occurs 399A. Preservation of redundancy provisions in certain circumstances Division 10--Prohibited conduct 400. Coercion and duress 401. False or misleading statements 402. Employers not to discriminate between unionist and non-unionist Division 11--Contravention of civil remedy provisions Subdivision A--General 403. General powers of Court not affected by this Division 404. Workplace inspector may take over proceeding 405. Standing for civil remedies Subdivision B--Pecuniary penalty for contravention of civil remedy provisions 406. Application of Subdivision 407. Court may order pecuniary penalty Subdivision C--Other remedies for contravention of certain civil remedy provisions 408. Application of Subdivision 409. Court may declare workplace agreement or part of workplace agreement void 410. Court may vary terms of workplace agreement 411. Court may order that workplace agreement continues to operate despite termination 412. Date of effect and preconditions for orders under sections 409, 410 and 411 412A. Court may give effect to purported workplace agreements etc. 413. Court may order compensation 414. Court may order injunction Division 12--Miscellaneous 415. ITEAs with Commonwealth employees 416. Evidence--verified copies 417. Evidence--certificates 418. Regulations relating to workplace agreements PART 9--INDUSTRIAL ACTION Division 1--Preliminary 419. Definitions 420. Meaning of industrial action 421. Meaning of pattern bargaining 422. Extraterritorial extension Division 2--Bargaining periods 423. Initiation of bargaining period 424. Employee may appoint agent to initiate bargaining period 425. Identity of person who has appointed agent not to be disclosed 426. Particulars to accompany notice 427. When bargaining period begins 428. When bargaining period ends 429. Power of Commission to restrict initiation of new bargaining periods 430. Suspension and termination of bargaining periods--general powers of Commission 431. Suspension and termination of bargaining periods--pattern bargaining 432. Suspension of bargaining periods--cooling off 433. Suspension of bargaining periods--significant harm to third party 434. Industrial action without further protected action ballot after end of suspension of bargaining period Division 3--Protected action Subdivision A--What is protected action 435. Protected action Subdivision B--Exclusions from protected action 436. Exclusion--claims in support of inclusion of prohibited content 437. Exclusion--industrial action while bargaining period is suspended 438. Exclusion--industrial action must not involve persons who are not protected for that industrial action 439. Exclusion--industrial action must not be in support of pattern bargaining claims 440. Exclusion--industrial action must not be taken until after nominal expiry date of workplace agreements or workplace determinations 441. Exclusion--notice of action to be given 442. Employee may appoint agent to give notice under section 441 443. Exclusion--requirement that employee organisation or employee comply with Commission orders and directions 444. Exclusion--requirement that employer genuinely try to reach agreement etc. 445. Exclusion--employee and employee organisation action to be authorised by secret ballot or be in response to employer action 446. Exclusion--employee organisation action must be duly authorised Subdivision C--Significance of action being protected action 447. Immunity provisions 448. Employer not to dismiss employee etc. for engaging in protected action Division 4--Secret ballots on proposed protected action Subdivision A--General 449. Object of Division and overview of Division 450. Definitions Subdivision B--Application for order for protected action ballot to be held 451. Who may apply for a ballot order etc. 452. Contents of application 453. Material to accompany application 454. Notice of application 455. Joint applications Subdivision C--Determination of application and order for ballot to be held 456. Commission may notify parties etc. of procedure 457. Commission to act quickly in relation to application etc. 458. Parties and relevant employees may make submissions and apply for directions 459. Commission may make orders or give directions 460. Commission procedure regarding multiple applications 461. Application not to be granted unless certain conditions are met 462. Grant of application--order for ballot to be held 463. Matters to be included in order 464. Guidelines for ballot timetables 465. Power of Commission to require information relevant to roll of voters 466. Roll to be compiled by Commission or ballot agent 467. Eligibility to be included on the roll 468. Adding or removing names from the roll 469. Variation of order 470. Expiry and revocation of order 471. Compliance with orders and directions 472. Commission to notify parties and authorised ballot agent Subdivision D--Conduct and results of protected action ballot 473. Conduct of ballot 474. Form of ballot paper 475. Who can vote 476. Declaration of ballot results 477. Ballot reports 478. Effect of ballot 479. Registrar to record questions put in ballot, and to publish results of ballot Subdivision E--Authorised ballot agents and authorised independent advisers 480. Who may be an authorised ballot agent? 481. Who may be an authorised independent adviser? Subdivision F--Funding of ballots 482. Liability for cost of ballot 483. Commonwealth has partial liability for cost of completed ballot 484. Liability for cost of legal challenges Subdivision G--Miscellaneous 485. Identity of certain persons not to be disclosed by Commission 486. Persons not to disclose identity of certain persons 487. Immunity if person acted in good faith on ballot results 488. Limits on challenges etc. to ballot orders etc. 489. Limits on challenges etc. to ballots 490. Penalties not affected 491. Preservation of roll of voters, ballot papers etc. 492. Conferral of function on Australian Electoral Commission 493. Regulations Division 5--Industrial action not to be engaged in before nominal expiry date of workplace agreement or workplace determination 494. Industrial action etc. must not be taken before nominal expiry date of collective agreement or workplace determinations 495. Industrial action must not be taken before nominal expiry date of ITEA Division 6--Orders and injunctions against industrial action 496. Orders and injunctions against industrial action--general 497. Injunction against industrial action if pattern bargaining engaged in in relation to proposed collective agreement Division 7--Ministerial declarations terminating bargaining periods 498. Minister's declaration 499. Minister's directions to remove or reduce the threat Division 8--Workplace determinations 500. Application of Division 501. Definitions 502. Negotiating period 503. When Full Bench must make workplace determination 504. Content of workplace determination 505. Who is bound by a workplace determination? 506. Act applies to workplace determination as if it were a collective agreement Division 9--Payments in relation to periods of industrial action 507. Payments not to be made or accepted in relation to periods of industrial action 508. Organisations not to take action for payments in relation to periods of industrial action 509. Persons not to coerce people for payments in relation to periods of industrial action PART 10--AWARDS Division 1--Preliminary 510. Objects of Part 511. Performance of functions by the Commission 512. Extraterritorial extension Division 2--Terms that may be included in awards Subdivision A--Allowable award matters 513. Allowable award matters 514. Dispute settling procedures 515. Matters that are not allowable award matters 516. Matters provided for by the Australian Fair Pay and Conditions Standard 517. Awards may not include terms involving discrimination and preference 518. Awards may not include certain terms about rights of entry 519. Awards may not include enterprise flexibility provisions Subdivision B--Other terms that are permitted to be in awards 520. Preserved award terms 521. Facilitative provisions 522. Incidental and machinery terms 523. Anti-discrimination clauses 524. Boards of reference Subdivision C--Terms in awards that cease to have effect 525. Terms in awards that cease to have effect after the reform commencement Subdivision D--Regulations relating to part-time employees 526. Award conditions for part-time employees Division 3--Preserved award entitlements 527. Preservation of certain award terms 529. When preserved award entitlements have effect 530. Meaning of more generous 531. Modifications that may be prescribed--personal/carer's leave 532. Modifications that may be prescribed--parental leave 533. Preserved award terms--employers bound after reform commencement Division 5--Variation and revocation of awards Subdivision A--Variation of awards 552. Variation of awards--general 553. Variation of awards if essential to maintain minimum safety net entitlements 554. Variation of awards--other grounds Subdivision B--Revocation of awards 556. Revocation of awards--award obsolete or no longer capable of operating Division 6--Binding additional employers, employees and organisations to awards 557. Binding additional employers, employees and organisations to an award 558. Application to be bound by an award--agreement between employer and employees 559. Application to be bound by an award--no agreement between employer and employees 560. Application to be bound by an award--new organisations 561. Application by new organisation to be bound by an award--when application may be made 562. Process for valid majority of employees 563. General provisions Division 7--Outworkers 564. Definitions 566. Binding additional eligible entities and employers Division 8--Technical matters 567. Making and publication of awards and award-related orders 568. Awards and award-related orders must meet certain requirements 569. Registrar's powers if member ceases to be a member 570. Form of awards 571. Date of awards 572. Commencement of awards 573. Continuation of awards 574. Awards of Commission are final 575. Reprints of awards as varied 576. Expressions used in awards PART 10A--AWARD MODERNISATION Division 1--Preliminary 576A. Object of Part Division 2--Award modernisation process 576B. Commission's award modernisation function 576C. Award modernisation request 576D. Award modernisation request to be published 576E. Procedure for carrying out award modernisation process 576F. Completion of award modernisation process 576G. Full Bench must make modern awards 576H. Commission may vary modern awards Division 3--Terms of modern awards Subdivision A--Terms that may be included in modern awards 576J. Matters that may be dealt with by modern awards 576K. Terms providing for outworkers 576L. Terms may only provide a fair minimum safety net 576M. Incidental and machinery terms 576N. Terms must be in accordance with award modernisation request Subdivision B--Terms that must not be included in modern awards 576P. Terms not permitted by Subdivision A 576Q. Terms that breach freedom of association provisions 576R. Terms about right of entry 576S. Terms that are discriminatory 576T. Terms that contain State-based differences Division 4--Who is bound by modern awards 576U. Definitions 576V. Who is bound by a modern award Division 5--Technical matters 576W. Formal requirements of modern awards and variation orders 576X. When is a modern award or variation order made 576Y. Commencement of modern awards and variation orders 576Z. Modern awards and variation orders must be published 576ZA. Modern awards and variation orders are final 576ZB. Expressions used in modern awards and variation orders PART 11--TRANSMISSION OF BUSINESS RULES Division 1--Introductory 577. Object 578. Simplified outline 579. Definitions Division 2--Application of Part 580. Application of Part 581. Transferring employees 582. Transferring employees in relation to particular instrument Division 3--Transmission of ITEA 583. Transmission of ITEA 584. Termination of transmitted ITEA Division 4--Transmission of collective agreement Subdivision A--General 585. Transmission of collective agreement 586. Interaction rules 587. Transmitted collective agreement ceasing in relation to transferring employee 588. Termination of transmitted collective agreement Subdivision B--Commission's powers 589. Application and terminology 590. Commission may make order 591. When application for order can be made 592. Who may apply for order 593. Applicant to give notice of application 594. Submissions in relation to application Division 5--Transmission of award 595. Transmission of award 596. Interaction rules 597. Transmitted award ceasing in relation to transferring employee Division 6--Transmission of APCS 598. Transmission of APCS Division 6A--Transmission of preserved redundancy provisions from workplace agreements 598A. Transmission of preserved redundancy provisions from workplace agreements Division 7--Entitlements under the Australian Fair Pay and Conditions Standard 599. Parental leave entitlements 600. New employer assuming liability for particular entitlements 601. New employer assuming entitlements generally Division 7A--Application of no-disadvantage test 601A. No decision under section 346D at time of transmission 601B. No decision on a varied agreement under section 346Z at time of transmission 601C. Employees still employed by old employer 601D. Employment arrangements if a workplace agreement ceases to operate because it does not pass no-disadvantage test 601E. Effect of section 601D in relation to instruments 601F. Regulations may make provision for operation of revived instruments 601G. Compensation in respect of no-disadvantage test period 601H. Notice requirements in relation to transmission of business Division 8--Notice requirements and enforcement 602. Informing transferring employees about transmission of instrument 603. Lodging copy of notice with Workplace Authority Director 603A. Informing transferring employees about transmission of preserved redundancy provisions 603B. Lodging copy of notice about preserved redundancy provisions with Workplace Authority Director 604. Workplace Authority Director must issue receipt for lodgment 605. Civil penalties Division 9--Miscellaneous 606. Regulations PART 12--MINIMUM ENTITLEMENTS OF EMPLOYEES Division 1--Entitlement to meal breaks 607. Meal breaks 608. Displacement of entitlement to meal breaks 609. Model dispute resolution process 610. Extraterritorial extension Division 2--Entitlement to public holidays 611. Definition of public holiday 612. Entitlement to public holidays 613. Reasonableness of refusal 614. Model dispute resolution process 615. Employer not to prejudice employee for reasonable refusal 616. Penalties etc. for contravention of section 615 617. Burden of proof in relation to reasonableness of refusal 618. Proof not required of the reason for conduct 619. Extraterritorial extension Division 3--Equal remuneration for work of equal value 620. Object 621. Relationship of this Division to other laws providing alternative remedies 622. Relationship of this Division to AFPC decisions and the Australian Fair Pay and Conditions Standard 623. Equal remuneration for work of equal value 624. Orders requiring equal remuneration 625. Orders only on application 626. Conciliation or mediation 627. If conciliation or mediation is unsuccessful 628. Hearing of matter by member who conducted conciliation 629. Immediate or progressive introduction of equal remuneration 630. Employer not to reduce remuneration 631. Employer not to prejudice employee 632. Penalties etc. for contravention of section 631 633. Proof not required of the reason for conduct 634. Extraterritorial extension Division 4--Termination of employment Subdivision A--Object, application and definitions 635. Object 636. Meaning of employee, employer and employment 637. Application 638. Exclusions 639. Regulations may provide for additional exclusions 640. People's rights, liabilities and obligations the same as if certain provisions of the regulations had been valid 641. Extraterritorial extension 642. Definitions Subdivision B--Application to Commission for relief in respect of termination of employment 643. Application to Commission to deal with termination under this Subdivision 644. Fees for lodging applications under section 643 645. Motions for dismissal of application for want of jurisdiction 646. Applications that are frivolous, vexatious or lacking in substance 647. Extension of time applications may be decided without a hearing 648. Matters that do not require a hearing 649. Dismissal of application relating to termination for operational reasons 650. Conciliation 651. Elections to proceed to arbitration or to begin court proceedings 652. Arbitration 653. Exercise of arbitration powers by member who has exercised conciliation powers 654. Remedies on arbitration 655. Orders made on arbitration are binding 656. Representatives to disclose contingency fee agreements 657. Commission may dismiss application if applicant fails to attend 658. Commission may order payment of costs Subdivision C--Unlawful termination of employment by employer 659. Employment not to be terminated on certain grounds 660. Employer to notify CES of proposed terminations in certain cases 661. Employer to give notice of termination 662. Contravention of this Subdivision not an offence 663. Application to courts in relation to alleged contravention of section 659, 660 or 661 664. Proof of issues in relation to alleged contravention of section 659 665. Orders available to courts 666. Costs 667. Small claims procedure Subdivision D--Commission orders after employer fails to consult trade union about terminations 668. Orders by Commission where employer fails to consult trade union about terminations 669. Orders only on application 670. Powers and procedures of Commission for dealing with applications 671. No order if alternative remedy exists Subdivision E--Rights relating to termination of employment 672. Limitation on applications alleging termination on paragraph 643(1)(a) grounds 673. No second applications under section 643 concerning same termination to be made 674. Limitation on applications alleging unlawful termination Subdivision F--Unmeritorious or speculative proceedings 675. Definitions 676. Advisers not to encourage applicants to make, or to pursue, certain applications 677. Applications to the Court 678. Evidentiary matters 679. Order that the Court may make Division 5--Orders and proceedings 680. Orders to be in writing 681. When orders take effect 682. Compliance with orders 683. Variation and revocation of orders 684. Representation of employers 685. Appeals to Full Bench 686. Inconsistency with awards or other orders of Commission 687. Meaning of employee and employer Division 6--Parental leave 688. Object and application of Division 689. Entitlement to parental leave 690. Division supplements other laws 691. Model dispute resolution process Division 7--Stand downs 691A. Employer may stand down employees in certain circumstances 691B. Prohibition of unauthorised stand downs 691C. Extraterritorial extension PART 13--DISPUTE RESOLUTION PROCESSES Division 1--Preliminary 692. Object 693. Court process Division 2--Model dispute resolution process 694. Model dispute resolution process 695. Resolving dispute at workplace level 696. Where dispute cannot be resolved at workplace level 697. Conduct during dispute Division 3--Alternative dispute resolution process conducted by Commission under model dispute resolution process 698. Alternative dispute resolution process 699. Application 700. Refusing application 701. Commission's powers 702. Privacy 703. When alternative dispute resolution process complete Division 4--Alternative dispute resolution process used to resolve other disputes 704. Application 705. Grounds on which Commission must refuse application 706. Powers of the Commission 707. Privacy 708. When alternative dispute resolution process complete Division 5--Dispute resolution process conducted by the Commission under workplace agreement 709. Application 710. Grounds on which Commission must refuse application 711. Commission's powers 712. Privacy Division 6--Dispute resolution process conducted by another provider 713. Application of this Division 714. Representation 715. Privacy 716. Where anti-discrimination or equal opportunity proceedings in progress PART 14--COMPLIANCE Division 1--Definitions 717. Definitions Division 2--Penalties and other remedies for contravention of applicable provisions 718. Standing to apply for penalties or remedies under this Division 719. Imposition and recovery of penalties 720. Recovery of wages etc. 721. Damages for breach of ITEA 722. Interest up to judgment 723. Interest on judgment 724. Plaintiffs may choose small claims procedure in magistrates' courts 725. Small claims procedure 726. Unclaimed moneys Division 3--General provisions relating to civil remedies 727. Operation of this Division 728. Involvement in contravention treated in same way as actual contravention 729. Civil evidence and procedure rules for civil remedy orders 730. Recovery of pecuniary penalties 731. Civil proceedings after criminal proceedings 732. Criminal proceedings during civil proceedings 733. Criminal proceedings after civil proceedings 734. Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings 735. Civil double jeopardy PART 15--RIGHT OF ENTRY Division 1--Preliminary 736. Objects of this Part 737. Definitions 738. Form of entry notice 739. Extraterritorial extension Division 2--Issue of permits 740. Issue of permit 741. Imposition of permit conditions at time of issue 742. Permit not to be issued in certain cases Division 3--Expiry, revocation, suspension etc 743. Expiry of permit 744. Revocation, suspension etc. by Registrar 745. Revoked etc. permit must be returned to Registrar 746. Extra conditions to be endorsed on permit Division 4--Right of entry to investigate suspected breaches 747. Right of entry to investigate breach 748. Rights of permit holder after entering premises 749. Limitation on rights--entry notice or exemption certificate 750. Exemption from requirement to provide entry notice 751. Limitation on rights--failure to comply with requests of occupier or affected employer 752. Limitation on rights--residential premises 753. Limitation on rights--permit conditions 754. Burden of proving reasonable grounds for suspecting breach Division 5--Entry for OHS purposes 755. OHS entries to which this Division applies 756. Permit required for OHS entry 757. Rights to inspect employment records after entering premises 758. Limitation on OHS entry--failure to comply with requests of occupier 759. Limitation on OHS entry--permit conditions Division 6--Right of entry to hold discussions with employees 760. Right of entry to hold discussions with employees 761. Limitation on rights--times of entry and discussions 762. Limitation on rights--conscientious objection certificates 763. Limitation on rights--entry notice 764. Limitation on rights--residential premises 765. Limitation on rights--failure to comply with requests of occupier or affected employer 766. Limitation on rights--permit conditions Division 7--Prohibitions 767. Hindering, obstruction etc. in relation to this Part 768. Misrepresentations about right of entry Division 8--Enforcement 769. Penalties etc. for contravention of civil remedy provisions Division 9--Powers of the Commission 770. Orders by Commission for abuse of system 771. Unreasonable requests by occupier or affected employer 772. Disputes about the operation of this Part 773. Powers of inspection 774. Parties to proceedings 775. Kinds of orders 776. Relief not limited to claim 777. Publishing orders PART 16--FREEDOM OF ASSOCIATION Division 1--Preliminary 778. Objects of Part 779. Definitions 780. Meaning of industrial action 781. Meaning of office Division 2--Conduct to which this Part applies 782. Application 783. Organisations 784. Matters arising under this Act or the Registration and Accountability of Organisations Schedule 785. Constitutional corporations 786. Commonwealth and Commonwealth authorities 787. Territories and Commonwealth places 788. Extraterritorial extension Division 3--General prohibitions relating to freedom of association 789. Coercion 790. False or misleading statements about membership 791. Industrial action for reasons relating to membership Division 4--Conduct by employers etc 792. Dismissal etc. of members of industrial associations etc. 793. Prohibited reasons 794. Inducements to cease membership etc. of industrial associations etc. Division 5--Conduct by employees etc 795. Cessation of work Division 6--Conduct by industrial associations etc 796. Industrial associations acting against employers 797. Industrial associations acting against employees etc. 798. Industrial associations acting against members 799. Industrial associations acting against independent contractors etc. 800. Industrial associations acting against independent contractors etc. to encourage contraventions 801. Industrial associations not to demand bargaining services fee 802. Action to coerce person to pay bargaining services fee 803. Industrial associations not prevented from entering contracts Division 7--Conduct in relation to industrial instruments 804. Discrimination against employer in relation to industrial instruments Division 8--False or misleading representations about bargaining services fees etc 805. False or misleading representations about bargaining services fees etc. Division 9--Enforcement 806. Definition 807. Penalties etc. for contravention of civil remedy provisions 808. Conduct that contravenes Division 3 and another Division of this Part 809. Proof not required of the reason for, or the intention of, conduct Division 10--Objectionable provisions 810. Meaning of objectionable provision 811. Objectionable provisions etc. in industrial instruments etc. 812. Removal of objectionable provisions from awards Division 11--Miscellaneous 813. Freedom of association not dependent on certificate PART 17--OFFENCES 814. Offences in relation to Commission 815. Attendance at compulsory conferences 816. Intimidation etc. 817. Creating disturbance near Commission 818. Offences relating to witnesses 819. Non-compliance with requirement made by an inspector 820. False statement in application for protected action ballot order 821. Offences in relation to secret ballots ordered under Division 4 of Part 9 822. Contracts entered into by agents of employers 823. Publication of trade secrets etc. PART 18--COSTS Division 1--Costs 824. Costs only where proceeding instituted vexatiously etc. PART 19--MISCELLANEOUS 825. Delegation by Minister 826. Conduct by officers, directors, employees or agents 827. Signature on behalf of body corporate 828. No imprisonment in default 829. Jurisdiction of courts limited as to area 830. Public sector employer to act through employing authority 831. Variation of workplace agreements on grounds of sex discrimination 835. Proceedings by and against unincorporated clubs 836. Records relating to employees 837. Inspection of documents etc. 838. Interim injunctions 839. Trade secrets etc. tendered as evidence 840. Powers of courts 841. Application of penalty 842. Enforcement of penalties etc. 843. Appropriation for payment of certain salaries and allowances 844. Reports about developments in making agreements 845. Acquisition of property 846. Regulations PART 20--JURISDICTION OF THE FEDERAL COURT OF Division 1--Original jurisdiction 847. Jurisdiction of Court 848. Interpretation of awards 849. Interpretation of certified agreements 850. Exclusive jurisdiction 851. Exercise of Court's original jurisdiction 852. Reference of proceedings to Full Court Division 2--Appellate jurisdiction 853. Appeals from State and Territory courts Division 3--Representation and intervention 854. Representation of parties before the Court or the Federal Magistrates Court 855. Intervention generally 856. Particular rights of intervention of Minister PART 21--MATTERS REFERRED BY Division 1--Introduction 857. Objects 858. Definitions 859. Part only has effect if supported by reference Division 2--Pay and conditions 860. Additional effect of Act--AFPC's powers 861. Additional effect of Act--Australian Fair Pay and Conditions Standard 862. Application of the Australian Fair Pay and Conditions Standard to employees in Victoria 863. Additional provisions of the Australian Fair Pay and Conditions Standard 864. Adjustment of APCSs 865. Limitation on application of minimum wage standards 866. Guarantee against reductions below pre-reform basic periodic rates of pay 867. Guarantee against reductions below pre-reform casual loadings that apply to basic periodic rates of pay 868. Additional effect of Act--enforcement of, and compliance with, the Australian Fair Pay and Conditions Standard Division 3--Workplace agreements 869. Additional effect of Act--workplace agreements 870. Workplace agreements--mandatory term about basic periodic rate of pay 871. Workplace agreements--mandatory term about casual loading Division 4--Industrial action 872. Additional effect of Act--industrial action 873. Intervention in proceedings under Part 9 874. Additional effect of Act--enforcement of, and compliance with, orders under Part 9 Division 5--Meal breaks 875. Additional effect of Act--meal breaks 876. Additional effect of Act--enforcement of, and compliance with, section 607 Division 6--Public holidays 877. Additional effect of Act--public holidays 878. Additional effect of Act--enforcement of, and compliance with, section 612 Division 7--Termination of employment 879. Additional effect of Act--termination of employment 880. Additional effect of Act--enforcement of, and compliance with, orders under Division 4 of Part 12 Division 7A--Stand downs 880A. Additional effect of Act--stand downs Division 8--Freedom of association 881. Additional effect of Act--freedom of association Division 9--Right of entry 882. Right of entry 883. Additional effect of Act--enforcement of, and compliance with, orders under Part 15 Division 10--Employee records and pay slips 884. Additional effect of Act--employee records and pay slips Division 11--Transmission of business 885. Additional effect of Act--transmission of business 886. Additional effect of Act--enforcement of, and compliance with, orders under Part 11 Division 11A--Sham arrangements 886A. Additional effect of Act--sham arrangements Division 12--Employment agreements 887. Definitions 888. Application of this Division 889. Inconsistency with other Commonwealth laws 890. Continued operation of employment agreements 892. Model dispute resolution process 893. Additional effect of Act--enforcing employment agreements 894. Employer to give copy of employment agreement 895. Registrar not to divulge information in employment agreements 896. Relationship between employment agreements and Australian Fair Pay and Conditions Standard 897. Relationship between employment agreements and awards Division 13--Exclusion of Victorian laws 898. Additional effect of Act--exclusion of Victorian laws Division 14--Additional effect of other provisions of this Act 899. Additional effect of other provisions of this Act PART 22--SHAM ARRANGEMENTS 900. Misrepresenting an employment relationship as an independent contracting arrangement 901. Misrepresenting a proposed employment relationship as a proposed independent contract arrangement 902. Dismissal etc. for purpose of engaging certain persons as independent contractors 903. Prohibited conduct for purpose of engaging certain persons as independent contractors 904. Penalty for contravention 905. Meaning of Court PART 23--SCHOOL-BASED APPRENTICES AND TRAINEES Division 1--Preliminary 914. Definitions Division 2--School-based apprentices 915. Additional conditions for school-based apprentices 916. Pay for apprentices who were school-based apprentices Division 3--School-based trainees 917. Additional conditions for school-based trainees 918. Loading in lieu of certain conditions Division 4--Enforcement 919. Enforcement SCHEDULE 1 Registration and Accountability of Organisations SCHEDULE 2 Extra provisions relating to definitions SCHEDULE 3 Oath or affirmation of office SCHEDULE 4 Convention concerning termination of employment at the initiative of the employer SCHEDULE 5 Convention concerning equal opportunities and equal treatment for men and women workers: workers with family responsibilities SCHEDULE 6 Transitional arrangements for parties bound by federal awards SCHEDULE 7 SCHEDULE 7A Transitional arrangements for existing AWAs SCHEDULE 7B Transitional arrangements for existing collective agreements SCHEDULE 8 Transitional treatment of State employment agreements and State awards SCHEDULE 9 Transmission of business rules (transitional instruments) SCHEDULE 10 Transitionally registered associations