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FAIR WORK (COMMONWEALTH POWERS) AMENDMENT ACT 2009 (NO. 74 OF 2009) - SECT 12

Amendment of the Equal Opportunity Act 1995

    (1)     In section 4(1) of the Equal Opportunity Act 1995

        (a)     for paragraph (a) in the definition of employee substitute

    "(a)     a person employed under a contract of service, whether or not under a federal agreement or award;";

        (b)     for paragraph (a) in the definition of employer substitute

    "(a)     a person who employs another person under a contract of service, whether or not under a federal agreement or award;";

        (c)     for paragraph (a) in the definition of employment substitute

    "(a)     employment under a contract of service, whether or not under a federal agreement or award;";

        (d)     for paragraph (a) in the definition of employment entitlements substitute

    "(a)     contract of service; or

        (aa)     federal agreement or award; or

        (ab)     minimum wage order under the Fair Work Act 2009 of the Commonwealth; or";

        (e)     insert the following definition—
s. 12

""Fair Work Australia" has the same meaning as in the Fair Work Act 2009 of the Commonwealth;".

    (2)     For section 4(3) of the Equal Opportunity Act 1995 substitute

    "(3)     A reference in the definition of "employee", "employer", employment or employment entitlements in subsection (1) to a federal agreement or award is a reference to—

        (a)     an enterprise agreement made under the Fair Work Act 2009 of the Commonwealth; or

        (b)     an agreement-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

        (c)     a modern award within the meaning of the Fair Work Act 2009 of the Commonwealth; or

        (d)     a determination of Fair Work Australia made under the Fair Work Act 2009 of the Commonwealth; or

        (e)     an award-based transitional instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth; or

        (f)     a transitional minimum wage instrument within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 of the Commonwealth.".



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