Victorian Numbered Acts

FAIR WORK (COMMONWEALTH POWERS) AMENDMENT ACT 2009 (NO. 74 OF 2009) - SECT 8

After section 7 of the Fair Work (Commonwealth Powers) Act 2009 insert —

    " 7A     Period for termination of references

    (1)     Subject to subsection (2), a day fixed by a proclamation under section 6(1) must be no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published.

    (2)     If—

        (a)     a proclamation under section 6(1) only provides for the termination of the amendment reference; and

        (b)     the Governor in Council, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor in Council, the Commonwealth Fair Work Act—

              (i)     is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or

              (ii)     has been amended—

in a manner that is inconsistent with one or more of the fundamental workplace relations principles—

the day fixed by the proclamation under section 6(1)(b) may be earlier than the day that applies under subsection (1) but must be no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published.

    (3)     If the Governor in Council terminates the amendment reference and fixes a day under subsection (2), the Minister must, as soon as practicable after the publication of the relevant proclamation, prepare a report on the matter and cause copies of that report to be laid before both Houses of Parliament.".

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