Victorian Numbered Acts

FAIR WORK (COMMONWEALTH POWERS) AMENDMENT ACT 2019 (NO. 9 OF 2019) - SECT 5

After section 5 of the Fair Work (Commonwealth Powers) Act 2009 insert —

        " 5A     Further reference of matters

    (1)     Despite section 5(1)(a), matters referred by section 4(1) include section 5(1)(a) matters to the extent of—

        (a)     an enterprise agreement being made or proposed to be made that includes a term dealing with a section 5(1)(a) matter; and

        (b)     a workplace determination being made or proposed to be made that includes an agreed term (but no term other than an agreed term) dealing with a section 5(1)(a) matter.

    (2)     Despite subsection (1), matters referred by section 4(1) do not include section 5(1)(a) matters to the extent of the Fair Work Commission dealing with bargaining disputes about section 5(1)(a) matters by arbitration (however described) under section 240 of the Commonwealth Fair Work Act .

    (3)     Despite subsection (1), matters referred by section 4(1) do not include section 5(1)(a) matters to the extent of—

        (a)     a new employer or transferring employee being or becoming covered by a transferable instrument under section 313 of the Commonwealth Fair Work Act , to the extent that the transferable instrument contains a term dealing with a section 5(1)(a) matter; and

        (b)     a new employer or a non-transferring employee being or becoming covered by a transferable instrument under section 314 of the Commonwealth Fair Work Act, to the extent that the transferable instrument contains a term dealing with a section 5(1)(a) matter; and

        (c)     the Fair Work Commission making an order that an enterprise agreement covers or will cover a transferring employee under section 318(1)(b) of the Commonwealth Fair Work Act, to the extent that the enterprise agreement contains a term dealing with a section 5(1)(a) matter; and

        (d)     the Fair Work Commission making an order that a transferable instrument covers or will cover a non-transferring employee under section 319(1)(b) of the Commonwealth Fair Work Act, to the extent that the transferable instrument contains a term dealing with a section 5(1)(a) matter.

    (4)     In this section—

"agreed term", for a workplace determination, has the same meaning as in Part 2-5 of the Commonwealth Fair Work Act;

section 5(1)(a) matter means a matter described in section 5(1)(a).

    (5)     In this section—

"enterprise agreement", Fair Work Commission and workplace determination have the same meaning as in section 12 of the Commonwealth Fair Work Act.

    (6)     In this section—

"new employer", non-transferring employee ,  transferable instrument and  transferring employee have the same meaning as in Part 2-8 of the Commonwealth Fair Work Act.".