5—Amendment of section 85F—Exemptions
Section 85F(4)—delete subsection (4) and substitute:
(4) This Division does
not render unlawful—
(a) acts
done in order to comply with the provisions of—
(i)
an award or enterprise agreement under the Fair Work
Act 1994 ; or
(ii)
a fair work instrument under the Fair Work Act 2009
of the Commonwealth; or
(iii)
an award or determination given continuing effect under
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth; or
(b) a
decision to offer employment only to a young person, or the employment of a
young person, where the rate of pay for that employment is a rate less than
that applicable to an adult, fixed by or in accordance with the provisions
of—
(i)
an award or enterprise agreement under the Fair Work
Act 1994 ; or
(ii)
a fair work instrument under the Fair Work Act 2009
of the Commonwealth; or
(iii)
an award or determination given continuing effect under
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
of the Commonwealth.