FAIR WORK (STATE REFERRAL AND CONSEQUENTIAL AND OTHER AMENDMENTS) BILL 2009

i Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. ,

2009

Contents

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Schedule(s) ......................................................................................... 6

Definition ............................................................................................ 6

Schedule 1--Referring States

Fair Work Act 2009

Schedule 2--Consequential and transitional provisions relating

to referral of matters

Part 1--Treatment of transitional awards and common rules as

transitional instruments etc.

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009

Part 2--State reference public sector modern awards

Div ision 1--State reference public sector transitional award

modernisation

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009

Div ision 2--Other amend ments related to State reference public

sector modern awards

Fair Work Act 2009

Schedule 3--Other ame ndments of the Fair Work Act 2009

Schedule 4--Agriculture, Fisheries and Forestry

Australian Meat and Live-stock Industry (Repeals and Consequential

Provisions) Act 1997

Dairy Industry Service Reform Act 2003

Horticulture Marketing and Research and Development Services

(Repeals and Consequential Provisions) Act 2000

Pig Industry Act 2001

Schedule 5--Attorney-General

Part 1--General consequential amendments

Age Discrimination Act 2004

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Australian Capital Territory (Self-Government) Act 1988

Australian Crime Commission Act 2002

Australian Federal Police Act 1979

Bankruptcy Act 1966

Crimes Act 1914

Criminal Code Act 1995

Disability Discrimination Act 1992

Human Rights and Equal Opportunity Commission Act 1986

Judges' Pensions Act 1968

Judiciary Act 1903

Jurisdiction of Courts (Cross-vesting) Act 1987

Jury Exemption Act 1965

Legislative Instruments Act 2003

Northern Territory (Self-Government) Act 1978

Seat of Government (Administration) Act 1910

Sex Discrimination Act 1984

Part 2--Amendments relating to discrimination in compliance

with industrial instruments and laws

Div ision 1--General

Age Discrimination Act 2004

Disability Discrimination Act 1992

Fair Work Act 2009

Human Rights and Equal Opportunity Commission Act 1986

Sex Discrimination Act 1984

Div ision 2--A mend ments relating to HREOC name change

Fair Work Act 2009

Part 3--Application provisions

Schedule 6--Broadband, Communications and the Digital

Economy

Telstra Corporation Act 1991

Schedule 7--Defence

Naval Defence Act 1910

iii Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 8--Education, Employment and Workplace Relations

Part 1--Consequential amendments

Air Passenger Ticket Levy (Collection) Act 2001

Building and Construction Industry Improvement Act 2005

Coal Mining Industry (Long Service Leave Funding) Act 1992

Defence Act 1903

Long Service Leave (Commonwealth Employees) Act 1976

Maternity Leave (Commonwealth Employees) Act 1973

Occupational Health and Safety Act 1991

Occupational Health and Safety (Maritime Industry) Act 1993

Remuneration Tribunal Act 1973

Safety, Rehabilitation and Compensation Act 1988

Seafarers Rehabilitation and Compensation Act 1992

Social Security Act 1991

Tradesmen's Rights Regulation Act 1946

United States Naval Communication Station (Civilian Employees) Act

1968

Part 2--Transitional provisions

Div ision 1--Provisions relating to the Bu ild ing and Construction

Industry Improvement Act 2005

Div ision 2--Provision relating to the Defence Act 1903

Div ision 3--Provisions relating to the Remuneration Tribunal Act

1973

Schedule 9--Families, Housing, Community Services and

Indigenous Affairs

Equal Opportunity for Women in the Workplace Act 1999

Social Security Act 1991

Schedule 10--Finance and Deregulation

Airports (Transitional) Act 1996

Commonwealth Authorities and Companies Act 1997

Commonwealth Electoral Act 1918

Superannuation Act 1976

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Superannuation Act 1990

Schedule 11--Health and Ageing

Commonwealth Serum Laboratories Act 1961

National Health Act 1953

Schedule 12--Immigration and Citizenship

Fair Work Act 2009

Migration Act 1958

Schedule 13--Infrastructure, Transport, Regional

Development and Local Gove rnme nt

103

Navigation Act 1912

103

Schedule 14--Innovation, Industry, Science and Research

104

Part 1--Consequential amendments

104

Independent Contractors Act 2006

104

Part 2--Transitional provision

106

Schedule 15--Parliame ntary Service

107

Part 1--Consequential amendments

107

Parliamentary Service Act 1999

107

Part 2--Saving provision

112

Schedule 16--Prime Minister and Cabinet

113

Part 1--Consequential amendments

113

Privacy Act 1988

113

Public Service Act 1999

114

Part 2--Saving provision

119

Schedule 17--Resources, Ene rgy and Tourism

120

Moomba-Sydney Pipeline System Sale Act 1994

120

Offshore Petroleum and Greenhouse Gas Storage Act 2006

120

Snowy Hydro Corporatisation Act 1997

121

Schedule 18--Treasury

122

Part 1--Consequential amendments

122

v Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. ,

2009

Commonwealth Volunteers Protection Act 2003

122

Corporations Act 2001

122

Financial Sector (Business Transfer and Group Restructure) Act 1999

122

Fringe Benefits Tax Assessment Act 1986

122

Income Tax Assessment Act 1997

123

Income Tax (Transitional Provisions) Act 1997

123

Insurance Act 1973

123

Life Insurance Act 1995

124

Superannuation Guarantee (Administration) Act 1992

124

Superannuation Industry (Supervision) Act 1993

126

Trade Practices Act 1974

126

Part 2--Application provision

128

Schedule 19--Veterans' Affairs

129

Military Rehabilitation and Compensation Act 2004

129

Schedule 20--Regulations

131

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

A Bill for an Act to amend the Fair Work Act 2009,

to make amendments consequential on the

enactment of that Act, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Fair Work (State Referral and

Consequential and Other Amendments) Act 2009.

2 Commence ment

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 4

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

items 1 to 10

Immediately after the commencement of the

provision(s) covered by table item 3.

3. Schedule 1,

item 11

The day on which this Act receives the

Royal Assent.

4. Schedule 1,

item 12

Immediately after the commencement of the

provision(s) covered by table item 3.

5. Schedule 2,

Part 1

Immediately after the commencement of

Schedule 3 to the Fair Work (Transitional

Provisions and Consequential Amendments)

Act 2009.

6. Schedule 2,

item 33

Immediately after the commencement of

section 2 of the Fair Work (Transitional

Provisions and Consequential Amendments)

Act 2009.

7. Schedule 2,

items 34 to 51

Immediately after the commencement of

Schedule 3 to the Fair Work (Transitional

Provisions and Consequential Amendments)

Act 2009.

8. Schedule 2,

Part 2, Division 2

Immediately after the commencement of

Part 3 of Schedule 6 to the Fair Work

(Transitional Provisions and Consequential

Amendments) Act 2009.

9. Schedule 3

Immediately after the commencement of the

provision(s) covered by table item 3.

10. Schedule 4

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

11. Schedule 5,

items 1 to 30

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

12. Schedule 5,

item 31

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

(b) immed iately after the commencement of

item 41 of Schedule 2 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

13. Schedule 5,

items 32 to 64

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

14. Schedule 5,

items 65 and 66

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 101 o f Schedule 2 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

15. Schedule 5,

item 67

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

16. Schedule 5,

items 68 and 69

Immediately after the commencement of

Part 2-3 of the Fair Work Act 2009.

17. Schedule 5,

items 70 to 79

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

18. Schedule 5,

item 80

The later of:

(a) immediately after the co mmencement of

item 68 of Schedule 5; and

(b) the commencement of item 38 o f

Schedule 3 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

19. Schedule 5,

item 81

The later of:

(a) immediately after the co mmencement of

4 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

item 70 of Schedule 5; and

(b) the commencement of item 38 o f

Schedule 3 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

20. Schedule 5,

item 82

The later of:

(a) immediately after the co mmencement of

item 72of Schedule 5; and

(b) the commencement of item 38 o f

Schedule 3 to the Disability

Discrimination and Other Human Rights

Legislation Amendment Act 2009.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b )

does not occur.

21. Schedule 5,

Part 3

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

22. Schedule 6

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

23. Schedule 7

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

24. Schedule 8,

items 1 to 130

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

25. Schedule 8,

items 131 and 132

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 33 of Schedule 2 to the Social

Security Legislation Amendment

(Employment Services Reform) Act 2009.

26. Schedule 8,

items 133 to 135

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

27. Schedule 8

item 136

The later of:

(a) immediately after the co mmencement of

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 147 o f Schedule 2 to the Social

Security Legislation Amendment

(Employment Services Reform) Act 2009.

28. Schedule 8,

items 137 and 138

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

29. Schedule 8,

item 139

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

item 195 o f Schedule 2 to the Social

Security Legislation Amendment

(Employment Services Reform) Act 2009.

30. Schedule 8,

items 140 to 161

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

31. Schedule 9

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

32. Schedule 10

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

33. Schedule 11

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

34. Schedule 12,

items 1 to 3

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

35. Schedule 12,

item 4

The later of:

(a) immediately after the co mmencement of

Part 2-4 of the Fair Work Act 2009; and

(b) immed iately after the commencement of

Schedule 1 to the Migration Legislation

Amendment (Worker Protection) Act

2008.

36. Schedule 13

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

37. Schedule 14

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

38. Schedule 15

Immediately after the commencement of

6 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

Part 2-4 of the Fair Work Act 2009.

39. Schedule 16

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

40. Schedule 17

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

41. Schedule 18

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

42. Schedule 19

Immediately after the commencement of

Part 2-4 of the Fair Work Act 2009.

43. Schedule 20

The day on which this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

4 Definition

In this Act:

WR Act repeal day has the meaning given by Schedule 2 to the

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 1

Referring States

Fair Work Act 2009

1 Section 12 (at the end of note 2 at the end of the definition

of employee)

Add "and subsection 30E(1)".

2 Section 12 (at the end of note 2 at the end of the definition

of employer)

Add "and subsection 30E(2)".

3 Section 12 (at the end of the definition of national system

employee)

Add:

Note:

Section 30C extends the meaning of national system employee in

relation to a referring State.

4 Section 12 (at the end of the definition of national system

employer)

Add:

Note:

Section 30D extends the meaning of national system employer in

relation to a referring State.

5 Section 12 (note at the end of the definition of outworker

entity)

Repeal the note, substitute:

Note:

Section 30F extends the meaning of outworker entity in relation to a

referring State.

6 At the end of section 13

Add:

Note:

Section 30C extends the meaning of national system employee in

relation to a referring State.

7 Section 14 (note)

Repeal the note, substitute:

Schedule 1 Referring States

8 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Note 1:

In this context, Australia includes the Territory of Christmas Island

and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of

the Acts Interpretation Act 1901).

Note 2:

Section 30D extends the meaning of national system employer in

relation to a referring State.

8 At the end of subsection 15(1)

Add:

Note:

Subsection 30E(1) extends the meaning of employee in relation to a

referring State.

9 At the end of subsection 15(2)

Add:

Note:

Subsection 30E(2) extends the meaning of employer in relation to a

referring State.

10 Section 24

Repeal the section, substitute:

24 Guide to this Part

This Part deals with the extent of the application of this Act.

Division 2 is about how this Act affects the operation of certain

State or Territory laws.

Division 2A is about the extended application of this Act in a State

that has referred to the Parliament of the Commonwealth matters

relating to this Act.

Division 3 is about the geographical application of this Act.

Division 4 deals with other matters relating to the application of

this Act.

11 After Division 2 of Part 1-3

Insert:

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Division 2A--Application of this Act in a referring State

30A Meaning of terms used in this Division

In this Division:

amendment includes the insertion, omission, repeal, substitution,

addition or relocation of words or matter.

excluded subject matter means:

(a) a matter dealt with in a law referred to in subsection 27(1A)

of this Act as originally enacted; or

(b) a non-excluded matter within the meaning of subsection

27(2) of this Act as so enacted (other than paragraph 27(2)(p)

of this Act as so enacted); or

paragraph (a) or (b) of this definition;

except to the extent that this Act as so enacted deals with the

matter (directly or indirectly), or requires or permits instruments

made or given effect under this Act so to deal with the matter.

express amendment means the direct amendment of this Act, but

does not include the enactment by a Commonwealth Act of a

provision that has, or will have, substantive effect otherwise than

as part of the text of this Act.

law enforcement officer is a member of a police force, a police

reservist, a police recruit or a protective services officer.

referral law, of a State, means the law of the State that refers

matters, as mentioned in subsection 30B(1), to the Parliament of

the Commonwealth.

referred provisions means the provisions of this Division to the

extent to which they deal with matters that are included in the

legislative powers of the Parliaments of the States.

referred subject matters means any of the following:

(a) terms and conditions of employment, including any of the

following:

(i) minimum terms and conditions of employment,

(including employment standards and minimum wages);

Schedule 1 Referring States

10 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(ii) terms and conditions of employment contained in

instruments (including instruments such as awards,

determinations and enterprise-level agreements);

(iii) bargaining in relation to terms and conditions of

employment;

(iv) the effect of a transfer of business on terms and

conditions of employment;

(b) terms and conditions under which an outworker entity may

arrange for work to be performed for the entity (directly or

indirectly), if the work is of a kind that is often performed by

outworkers;

independent contractors, outworkers, outworker entities,

associations of employees or associations of employers,

being rights and responsibilities relating to any of the

following:

(i) freedom of association and related protections;

(ii) protection from discrimination relating to employment;

(iii) termination of employment;

(iv) industrial action;

(v) protection from payment of fees for services related to

bargaining;

(vi) sham independent contractor arrangements;

(vii) standing down employees without pay;

(viii) rights of entry and rights of access to records;

(d) compliance with, and enforcement of, this Act;

(e) the administration of this Act;

(f) the application of this Act;

(g) matters incidental or ancillary to the operation of this Act or

of instruments made or given effect under this Act;

but does not include any excluded subject matter.

referring State: see section 30B.

State public sector employee, of a State, means:

(a) an employee of a State public sector employer of the State; or

(b) any other employee in the State of a kind specified in the

regulations;

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

and includes a law enforcement officer to whom subsection 30E(1)

applies.

State public sector employer, of a State, means an employer that

is:

(a) the State; or

(b) a body (whether incorporated or unincorporated) established

for a public purpose by or under a law of the State, by the

Governor of a State or by a Minister of the State; or

(d) any other employer in the State of a kind specified in the

regulations;

and includes a holder of an office to whom subsection 30E(2)

applies.

30B Meaning of referring State

Reference of matters by State Parliament to Commonwealth

Parliament

(1) A State is a referring State if the Parliament of the State has

referred the matters covered by subsections (3), (4) and (5) in

relation to the State to the Parliament of the Commonwealth for the

purposes of paragraph 51(xxxvii) of the Constitution:

(a) if and to the extent that the matters are not otherwise included

in the legislative powers of the Parliament of the

Commonwealth (otherwise than by a reference under

paragraph 51(xxxvii) of the Constitution); and

(b) if and to the extent that the matters are included in the

legislative powers of the Parliament of the State.

This subsection has effect subject to subsection (6).

(2) A State is a referring State even if:

(a) the State's referral law provides that the reference to the

Parliament of the Commonwealth of any or all of the matters

covered by subsections (3), (4) and (5) is to terminate in

particular circumstances; or

(b) the State's referral law provides that particular matters

relating to State public sector employees, or State public

Schedule 1 Referring States

12 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

sector employers, of the State are not included in any or all of

those matters.

Reference covering referred provisions

(3) This subsection covers the matters to which the referred provisions

relate to the extent of making laws with respect to those matters by

amending this Act, as originally enacted, to include the referred

provisions.

Reference covering amendments

(4) This subsection covers the referred subject matters to the extent of

making laws with respect to those matters by making express

amendments of this Act.

Reference covering transitional matters

(5) This subsection covers making laws with respect to the transition

from the regime provided for by:

(a) the Workplace Relations Act 1996; or

(b) a law of a State relating to workplace relations;

to the regime provided for by this Act.

Effect of termination of reference

(6) Despite anything to the contrary in a referral law of a State, a State

ceases to be a referring State if any or all of the following occurs:

(a) the reference by the Parliament of the State to the Parliament

of the Commonwealth of the matters covered by

subsection (3) terminates;

(b) the reference by the Parliament of the State to the Parliament

of the Commonwealth of the matters covered by

subsection (4) terminates;

of the Commonwealth of the matters covered by

subsection (5) terminates.

30C Extende d meaning of national system employee

(1) A national system employee includes:

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(a) any individual in a referring State so far as he or she is

employed, or usually employed, as described in paragraph

30D(1)(a), except on a vocational placement; and

(b) a law enforcement officer of the State to whom subsection

30E(1) applies.

(2) This section does not limit the operation of section 13 (which

defines a national system employee).

Note:

Section 30H may limit the extent to which this section extends the

meaning of national system employee.

30D Extende d meaning of national system employer

(1) A national system employer includes:

(a) any person in a referring State so far as the person employs,

or usually employs, an individual; and

(b) a holder of an office to whom subsection 30E(2) applies.

(2) This section does not limit the operation of section 14 (which

defines a national system employer).

Note:

Section 30H may limit the extent to which this section extends the

meaning of national system employer.

30E Extended ordinary meanings of employee and employer

(1) A reference in this Act to an employee with its ordinary meaning

includes a reference to a law enforcement officer of a referring

State if the State's referral law so provides for the purposes of that

law.

(2) A reference in this Act to an employer with its ordinary meaning

includes a reference to a holder of an office of a State if the State's

referral law provides, for the purposes of that law, that the holder

of the office is taken to be the employer of a law enforcement

officer of the State.

(3) This section does not limit the operation of section 15 (which deals

with references to employee and employer with their ordinary

meanings).

Note:

Section 30H may limit the extent to which this section extends the

meanings of employee and employer.

Schedule 1 Referring States

14 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

30F Extended meaning of outworker entity

(1) An outworker entity includes a person, other than in the person's

capacity as a national system employer, so far as:

(a) the person arranges for work to be performed for the person

(either directly or indirectly); and

(b) the work is of a kind that is often performed by outworkers;

and

(i) at the time the arrangement is made, one or more parties

to the arrangement is in a referring State;

(ii) the work is to be performed in a referring State;

(iii) the person referred to in paragraph (a) carries on an

activity (whether of a commercial, governmental or

other nature) in a referring State, and the work is

reasonably likely to be performed in that State;

(iv) the person referred to in paragraph (a) carries on an

activity (whether of a commercial, governmental or

other nature) in a referring State, and the work is to be

performed in connection with that activity.

(2) This section does not limit the operation of the definition of

outworker entity in section 12.

Note:

Section 30H may limit the extent to which this section extends the

meaning of outworker entity.

30G General protections

(1) Part 3-1 (which deals with general protections) applies to action

taken in a referring State.

(2) This section applies despite section 337 (which limits the

application of Part 3-1), and does not limit the operation of

sections 338 and 339 (which set out the application of that Part).

Note:

Section 30H may limit the extent to which this section extends the

application of Part 3-1.

30H Division only has effect if supported by reference

A provision of this Division has effect in relation to a referring

State only to the extent that the State's referral law refers to the

Parliament of the Commonwealth the matters mentioned in

Referring States Schedule 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

subsection 30B(1) that result in the Parliament of the

Commonwealth having sufficient legislative power for the

provision so to have effect.

30J Application of the Acts Interpretation Act 1901

(1) The Acts Interpretation Act 1901, as in force on the day on which

this Division commences, applies to this Act.

(2) Amendments of the Acts Interpretation Act 1901 made after that

day do not apply to this Act.

12 At the end of section 337

Add:

Note:

Section 30G extends the operation of this Part in a referring State.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

16 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 2

Consequential and transitional

provisions relating to referral of

matters

Part 1

Treatment of transitional awards and

common rules as transitional instruments

etc.

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009

1 Item 2 of Schedule 2

Insert:

common rule means a common rule within the meaning of clauses 82

to 87 of Schedule 6 to the WR Act (including those clauses as they

continue to apply because of item 8A of Schedule 3).

2 Item 2 of Schedule 2

Insert:

State reference common rule: see subitem 2A(2) of Schedule 3.

3 Item 2 of Schedule 2

Insert:

State reference employee: see subitem 2A(3) of Schedule 3.

4 Item 2 of Schedule 2

Insert:

State reference employer: see subitem 2A(4) of Schedule 3.

5 Item 2 of Schedule 2

Insert:

State reference transitional award: see subitem 2A(1) of Schedule 3.

6 Item 2 of Schedule 2

Insert:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

State reference transitional award or common rule means a State

reference transitional award or a State reference common rule.

7 Item 2 of Schedule 2

Insert:

Victorian employment agreement: see item 41 of Schedule 3.

8 After paragraph 2(2)(a) of Schedule 3

Insert:

(aa) a State reference transitional award or common rule;

9 Subitem 2(2) of Schedule 3 (note 4)

Repeal the note, substitute:

Note 4: For transitional provisions relating to other transitional awards, see Schedule 20.

10 At the end of subitem 2(3) of Schedule 3

Add:

Note:

Victorian employment agreements are not continued as transitional instruments. For

provisions relating to these agreements, see Part 7 of this Schedule.

11 After subitem 2(3) of Schedule 3

Insert:

(3A) If a State reference common rule comes into effect on or after the WR

Act repeal day under the provisions that continue to apply because of

item 8A, the State reference common rule becomes a transitional

instrument when the common rule comes into effect.

12 Paragraph 2(5)(a) of Schedule 3

After "awards," (first occurring), insert "State reference transitional

awards or common rules,".

13 After item 2 of Schedule 3

Insert:

2A Meanings of State reference transitional award and State

reference common rule

(1)

A State reference transitional award is a transitional award that covers:

(a) one or more specified State reference employers; and

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

18 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(b) specified State reference employees of those employers.

Note:

A transitional award includes a transitional Victorian reference award.

(2)

A State reference common rule is a common rule that covers:

(a) specified State reference employers; and

(b) specified State reference employees of those employers.

(3)

A State reference employee is an employee who is a national system

employee only because of section 30C of the FW Act.

(4)

A State reference employer is an employer that is a national system

employer only because of section 30D of the FW Act.

(5)

If:

(a) a transitional award (the current award) covers one or more

State reference employers, and State reference employees of

those employers; and

(b) the current award also covers:

(i) other employees of those employers; or

(ii) other employers, and employees of those other

employers;

then, for the purposes of this Act, the current award is taken instead to

constitute 2 separate transitional awards as follows:

(i) the employers, and the employees of those employers,

referred to in paragraph (a); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (a)--that organisation in relation to those

employers or employees; and

(d) a transitional award covering:

(i) the employers, and the employees of those employers,

referred to in paragraph (b); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (b)--that organisation in relation to those

employers or employees.

14 At the end of Part 2 of Schedule 3

Add:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

8A Continuing application of provisions of the WR Act about

common rules

(1)

Subject to this item, clauses 82 to 87 of Schedule 6 to the WR Act

continue to apply on and after the WR Act repeal day in relation to State

reference common rules.

(2)

Clauses 82 to 87 continue to apply as if:

(a) references in the clauses to the transitional period (including

references to the end of the transitional period) were omitted;

and

(b) a reference in the clauses to the Commission were instead a

reference to FWA; and

reference to the General Manager of FWA; and

(d) a reference in the clauses to the Rules of the Commission

were instead a reference to the procedural rules of FWA.

(3)

Subitem (2) has effect unless the context otherwise requires and subject

to the regulations.

Note:

For example, paragraph (2)(a) does not apply if the reference is to something that the

Commission did before the WR Act repeal day (or before the reform commencement).

15 After item 12 of Schedule 3

Insert:

12A State reference transitional awards: variation and

revocation

General provisions

(1)

Subject to this item, Divisions 5 (other than subsections 554(1) to (4))

and 6 of Part 10 of the WR Act apply on and after the WR Act repeal

day in relation to transitional instruments that are State reference

transitional awards as if:

(a) references to the Commission were instead references to

FWA; and

(b) references to an award included references to a State

reference transitional award.

Note 1: Items 10 and 11 apply instead of subsections 554(1) to (4) of the WR Act.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

20 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Note 2: For variation of State reference common rules, see the provisions continued in effect by

item 8A.

(2)

To avoid doubt, for the purpose of sections 552 and 553 of the WR Act,

as applied by subitem (1) in relation to State reference transitional

awards, "minimum safety net entitlements" includes minimum safety

net entitlements relating to wages.

Note:

For variation of terms relating to wages after the end of the bridging period, see

subitems (4) to (6).

(3)

FWA must perform its powers and functions under Divisions 5 and 6 in

a way that furthers the objects of Part 10 of the WR Act.

Special provisions about variation or revocation after the end of

the bridging period

(4)

A State reference transitional award cannot be varied or revoked after

the end of the bridging period except as follows:

(a) a State reference transitional award, other than terms relating

to wages, can be varied after the end of the bridging period

under section 553 of the WR Act;

(b) terms of a State reference transitional award relating to wages

can be varied after the end of the bridging period in an annual

wage review under the FW Act as provided for in

subitem (5);

end of the bridging period as a result of FWA continuing to

deal with a matter that it was dealing with before the end of

the bridging period.

(5)

In an annual wage review, FWA may make a determination varying

terms of a State reference transitional award relating to wages.

(6)

For the purpose of subitem (5), Division 3 of Part 2-6 of the FW Act

(other than section 292) applies to terms of a State reference transitional

award relating to wages in the same way as it applies to a modern

award.

16 At the end of Schedule 3

Add:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Part 7

Victorian employment agreements

41 Part applies to Victorian employment agreements

This Part applies to a Victorian employment agreement that was in

force in relation to an employer and an employee (the parties) under

Division 12 of Part 21 of the WR Act immediately before the WR Act

repeal. A Victorian employment agreement is an employment

agreement within the meaning of that Division.

42 Victorian employment agreement enforceable as a

contract

On and after the WR Act repeal day the Victorian employment

agreement is enforceable by one of the parties against the other party as

if it were a contract. The provisions of Division 12 of Part 21 of the WR

Act do not continue to apply in relation to the agreement.

17 Subitem 2(2A) of Schedule 6

Omit "an award, if the award", substitute "an award or a State reference

transitional award, if the award or State reference transitional award".

18 Subitem 3(1) of Schedule 7

Insert:

award includes a State reference transitional award or common rule.

19 Paragraph 13(2)(a) of Schedule 7

After "an award", insert ", a State reference transitional award or

common rule,".

20 At the end of item 18 of Schedule 7

Add:

State reference transitional awards or common rules: transitional

APCSs not relevant

(5)

If the relevant award-based transitional instrument in relation to an

employee is a State reference transitional award or common rule, the

references in this item to a transitional APCS are to be disregarded.

Note:

State reference transitional awards or common rules contain terms dealing with wages.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

22 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

21 At the end of item 19 of Schedule 7

Add:

State reference transitional awards or common rules: transitional

APCSs not relevant

(6)

If the relevant award-based transitional instrument in relation to an

employee is a State reference transitional award or common rule, the

references in this item to a transitional APCS are to be disregarded.

Note:

State reference transitional awards or common rules contain terms dealing with wages.

22 Item 21 of Schedule 7

After "awards" (last occurring), insert "(including State reference

transitional awards and common rules)".

23 Paragraph 25(3)(a) of Schedule 7

After "an award", insert "or a State reference transitional award or

common rule".

24 Subitem 27(5) of Schedule 8

Insert:

award includes a State reference transitional award.

25 At the end of item 5 of Schedule 9

Add:

(4)

Despite item 6 of Schedule 2, the following provisions of Part 21 of the

WR Act do not apply in relation to the continued AFPCS wages

provisions:

(a) subparagraph 861(1)(d)(iii);

(b) section 865.

Note:

Paragraph (a) has a flow-through effect to the reference in subparagraph 885(1)(j) of the

WR Act to section 861.

26 At the end of paragraph 5(2)(d) of Schedule 10

Add "or a State reference transitional award or common rule".

27 After subitem 2(2) of Schedule 11

Insert:

Consequential and transitional provisions relating to referral of matters Schedule 2

Treatment of transitional awards and common rules as transitional instruments etc.

Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(2A) For the purpose of the continued application, by subitem (2), of

Division 5 of Part 11 of the WR Act:

(a) a reference in those provisions to an award is taken to include

a reference to a State reference transitional award; and

(b) despite item 6 of Schedule 2, paragraph 885(1)(e) of that Act

does not continue to apply.

Note:

Paragraph 885(1)(e) would otherwise have disapplied Division 5 of Part 11 of the WR

Act.

28 Subitem 5(2) of Schedule 11

After "award", insert "or a State reference transitional award".

29 Subitem 8(1) of Schedule 11

After "operation", insert "and other than a State reference common

rule".

30 At the end of paragraph 8(2)(b) of Schedule 11

Add ", other than a State reference common rule".

31 Paragraph 13(2)(a) of Schedule 18

Omit ", a transitional award (including a transitional Victorian reference

award) or a common rule", substitute "or a transitional award that is not

a WR Act instrument".

32 Item 1 of Schedule 20

Repeal the item, substitute:

1 Schedule 6 to the WR Act

(1)

Schedule 6 to the WR Act (continued Schedule 6) continues to apply

on and after the WR Act repeal day in accordance with this Schedule.

(2)

Except for instrument content rules and instrument interaction rules,

nothing in this Schedule or continued Schedule 6 applies to State

reference transitional awards or common rules.

Note:

State reference transitional awards or common rules are continued in existence by

Schedule 3 as transitional instruments.

(3)

Without limiting subitem (1) (but subject to subitem (2)), transitional

awards that were in operation under Schedule 6 to the WR Act

immediately before the WR Act repeal day continue in operation as

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 1 Treatment of transitional awards and common rules as transitional instruments

etc.

24 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

continuing Schedule 6 instruments on and after the repeal day in

accordance with continued Schedule 6.

Note 1: In addition to provisions of this Schedule, Part 3 of Schedule 2 may also affect

continuing Schedule 6 instruments.

Note 2: Compliance with continuing Schedule 6 instruments is dealt with in Schedule 16.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Part 2

State reference public sector modern awards

Division 1

State reference public sector transitional

award modernisation

Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009

33 Subsection 2(1)(after table item 4)

Insert:

4A. Schedule 6A

At the same time as the provision(s) covered

by table item 2.

34 Item 2 of Schedule 2 (at the end of the definition of

modernisation-related reduction in take-home pay)

Add:

; and (c) in relation to the State reference public sector transitional

award modernisation process--has the meaning given by

subitem 13(3) of Schedule 6A.

35 Item 2 of Schedule 2

Insert:

State reference public sector employee: see subitem 2(2) of

Schedule 6A.

36 Item 2 of Schedule 2

Insert:

State reference public sector employer: see subitem 2(3) of

Schedule 6A.

37 Item 2 of Schedule 2

Insert:

State reference public sector modern award: see subitem 3(2) of

Schedule 6A.

38 Item 2 of Schedule 2

Insert:

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

26 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

State reference public sector modern awards objective: see subitem

7(2) of Schedule 6A.

39 Item 2 of Schedule 2

Insert:

State reference public sector transitional award: see subitem 2(1) of

Schedule 6A.

40 Item 2 of Schedule 2

Insert:

State reference public sector transitional award modernisation

process: see subitem 3(1) of Schedule 6A.

41 Item 2 of Schedule 2 (definition of take-home pay)

Omit "and subitem 11(2) of Schedule 6", substitute ", subitem 11(2) of

Schedule 6 and subitem 13(2) of Schedule 6A".

42 Item 2 of Schedule 2 (definition of take-home pay order)

Omit "and subitem 12(1) of Schedule 6", substitute ", subitem 12(1) of

Schedule 6 and subitem 14(1) of Schedule 6A".

43 Subitem 29(1) of Schedule 3 (note)

Repeal the note, substitute:

Note:

A modern award cannot be expressed to cover an employee who is covered by a

transitional instrument that is an enterprise instrument or a State reference public sector

transitional award (see subsections 143(8) and (10) of the FW Act).

44 Schedule 5 (heading)

Repeal the heading, substitute:

Schedule 5

Modern awards (other than

modern enterprise awards and State

reference public sector modern

awards)

45 Subitem 3(3) of Schedule 5

After "enterprise instrument" (wherever occurring), insert "or a State

reference public sector transitional award".

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

46 Subitem 3(3) of Schedule 5 (note)

After "Note", insert "1.".

47 At the end of subitem 3(3) of Schedule 5

Add:

Note 2: Item 10 of Schedule 6A deals with termination and variation of State reference public

sector transitional awards to take account of the State reference public sector transitional

award modernisation process.

48 Item 6 of Schedule 5 (heading)

After "modern enterprise awards", insert "and State reference

public sector modern awards".

49 Subitem 6(1) of Schedule 5

After "modern enterprise awards", insert "and State reference public

sector modern awards".

50 Subitem 2(2) of Schedule 6

After "award-based transitional instrument", insert ", other than a State

reference public sector transitional award,".

51 After Schedule 6

Insert:

Schedule 6A

State reference public sector

modern awards

Part 1

Preliminary

1 Meanings of employer and employee

In this Schedule, employer and employee have their ordinary meanings.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

28 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Part 2

The State reference public sector transitional

award modernisation process

Division 1

State reference public sector transitional

awards

2 State reference public sector transitional awards

(1)

A State reference public sector transitional award is a State reference

transitional award or common rule in relation to which the following

conditions are satisfied:

(a) the only employers that are expressed to be covered by the

award or common rule are one or more specified State

reference public sector employers;

(b) the only employees who are expressed to be covered by the

award or common rule are specified State reference public

sector employees of those employers.

Note:

State reference transitional awards and common rules are continued in existence as

transitional instruments by Schedule 3.

(2)

A State reference public sector employee is a State reference employee

who is a State public sector employee as defined in section 30A of the

FW Act.

(3)

A State reference public sector employer is a State reference employer

that is a State public sector employer as defined in section 30A of the

FW Act.

(4)

If:

(a) a State reference transitional award or common rule (the

current award) covers one or more State reference public

sector employers, and State reference public sector

employees of those employers; and

(b) the current award also covers:

(i) other employees of those employers; or

(ii) other employers, and employees of those other

employers;

then, for the purposes of this Act, the current award is taken instead to

constitute 2 separate State reference transitional awards or common

rules as follows:

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(i) the employers, and the employees of those employers,

referred to in paragraph (a); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (a)--that organisation in relation to those

employers or employees; and

(d) a State reference transitional award or a State reference

common rule (as the case requires) covering:

(i) the employers, and the employees of those employers,

referred to in paragraph (b); and

(ii) if the current award covers an organisation, in relation

to certain employers or employees referred to in

paragraph (b)--that organisation in relation to those

employers or employees.

Division 2

The State reference public sector transitional

award modernisation process

3 The State reference public sector transitional award

modernisation process

(1)

The State reference public sector transitional award modernisation

process is the process of making State reference public sector modern

awards under this Division covering employers, employees and

organisations that are covered by State reference public sector

transitional awards.

(2)

A State reference public sector modern award is a modern award in

relation to which the following conditions are satisfied:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers;

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

(3)

A State reference public sector modern award must be made by a Full

Bench.

4 Making State reference public sector modern awards on

application

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

30 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(1)

An employer or organisation that is covered by a State reference public

sector transitional award (the current award) may apply to FWA for the

making of a State reference public sector modern award (the proposed

award).

(2)

The application may be made only during the period starting on the WR

Act repeal day and ending at the end of 31 December 2013.

(3)

The application must specify the employers, employees and

organisations (the proposed parties) proposed to be covered by the

proposed award.

(4)

FWA must consider the application, and must make a State reference

public sector modern award covering the proposed parties if FWA is

satisfied that:

(a) the proposed parties are covered by State reference public

sector transitional awards; and

(b) the employers and organisations that are proposed parties

have agreed to the making of the application.

Note:

The proposed parties will cease to be covered by State reference public sector

transitional awards when the State reference public sector modern award comes into

operation: see item 29 of Schedule 3.

5 Terminating State reference public sector transitional

awards on application

(1)

An employer or organisation that is covered by a State reference public

sector transitional award (the current award) may apply to FWA to

terminate the current award.

(2)

The application may be made only during the period starting on the WR

Act repeal day and ending at the end of 31 December 2013.

(3)

FWA must not terminate the current award unless FWA is satisfied that

the employees who are covered by the current award will, if the current

award is terminated, be covered by a modern award (other than the

miscellaneous modern award) that is in operation and that is appropriate

for them.

(4)

In deciding whether to terminate the current award, FWA must take into

account the following:

(a) the circumstances that led to the making of the current award;

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(b) the terms and conditions of employment applying in the

industry or occupation in which the persons covered by the

current award operate, and the extent to which those terms

and conditions are reflected in the current award;

arrangements, and provides terms and conditions of

employment, referred to in paragraphs 7(2)(a) and (b);

(d) the likely impact on the persons covered by the current award

of a decision to terminate, or not to terminate, the current

award;

(e) the views of the persons covered by the current award;

(f) any other matter prescribed by the regulations.

(5)

If FWA terminates the current award, the termination operates from the

day specified in the decision to terminate the current award, being a day

that is not earlier than the FW (safety net provisions) commencement

day.

6 Further obligation of FWA to make or vary State reference

public sector modern awards at end of application

period

If, at the end of the period referred to in subitem 4(2), there are one or

more State reference public sector transitional awards that still cover

some employers and employees, FWA must make, or (in accordance

with section 168L of the FW Act) vary the coverage of, one or more

State reference public sector modern awards so that all those employers

and employees are covered by State reference public sector modern

awards.

Note:

The employers and employees will cease to be covered by the State reference public

sector transitional awards when they start to be covered by a State reference public

sector modern award that is in operation: see item 29 of Schedule 3.

7 The State reference public sector modern awards objective

(1)

If FWA is required by item 4 or 6 to make a State reference public

sector modern award, the modern awards objective and the minimum

wages objective apply to the making of the modern award.

(2)

However, in applying the modern awards objective and the minimum

wages objective, FWA must recognise:

(a) the need to facilitate arrangements for State reference public

sector employers and State reference public sector employees

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

32 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

that are appropriately adapted to the effective administration

of a State; and

(b) that State reference public sector modern awards may

provide terms and conditions tailored to reflect employment

arrangements that have been developed in relation to State

reference public sector employers and State reference public

sector employees.

This is the State reference public sector modern awards objective.

Note 1: See also item 13 (State reference public sector transitional award modernisation process

is not intended to result in reduction in take-home pay).

Note 2: See also item 19 (how the FW Act applies in relation to the State reference public sector

transitional award modernisation process before the FW (safety net provisions)

commencement day).

8 Terms of State reference public sector modern awards

(1)

Division 3 (other than sections 143 and 154) of Part 2-3 of the FW Act

(which deals with terms of modern awards) applies in relation to a State

reference public sector modern award made under this Division.

Note:

See also item 19 (how the FW Act applies in relation to the State reference public sector

transitional award modernisation process before the FW (safety net provisions)

commencement day).

(2)

If FWA makes a State reference public sector modern award before the

FW (safety net provisions) commencement day, the State reference

public sector modern award must not be expressed to commence on a

day earlier than the FW (safety net provisions) commencement day.

9 Coverage terms

Coverage terms must be included

(1)

A State reference public sector modern award must include terms

(coverage terms) setting out, in accordance with this item, the

employers, employees and organisations that are covered by the State

reference public sector modern award.

Employers and employees

(2)

The coverage terms must be such that:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers; and

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

Organisations

(3)

A State reference public sector modern award may be expressed to

cover one or more specified organisations, in relation to:

(a) all or specified employees covered by the modern award; or

(b) the employer, or all or specified employers, covered by the

modern award.

Outworker entities

(4)

A State reference public sector modern award must not be expressed to

cover outworker entities.

How coverage etc. is expressed

(5)

For the purposes of this item:

(a) an employer or employers may be specified by name or by

inclusion in a specified class or specified classes; and

(b) employees must be specified by inclusion in a specified class

or specified classes; and

10 Variation and termination of State reference public sector

transitional awards to take account of the

modernisation process

(1)

If a State reference public sector modern award completely replaces a

State reference public sector transitional award, the transitional award

terminates when the modern award comes into operation.

(2)

If a State reference public sector modern award partially replaces a

State reference public sector transitional award, FWA must, as soon as

practicable after the modern award comes into operation, vary the

transitional award so that employees who are covered by the modern

award are no longer covered by the transitional award.

(3)

For the purposes of this item:

(a) the modern award completely replaces the transitional award

if all the employees who are covered by the transitional

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

34 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

award become covered by the modern award when it comes

into operation; and

(b) the modern award partially replaces the transitional award if

only some of the employees who are covered by the

transitional award become covered by the modern award

when it comes into operation.

Note:

This item does not limit the effect of any other provision of this Act under which a

transitional instrument (a State reference public sector transitional award is a

transitional instrument) ceases to cover a person from a time earlier than when the

instrument is terminated or varied under this item.

11 Notification of the cut-off for the State reference public

sector transitional award modernisation process

(1)

FWA must, at least 6 months before the end of the period specified in

subitem 4(2), advise any persons still covered by a State reference

public sector transitional award:

(a) that the period for making applications under items 4 and 5

ends on 31 December 2013; and

(b) that FWA will, at the end of that period, commence the State

reference public sector transitional award modernisation

process in relation to the transitional award for any

employees and employers who are still covered by the

transitional award at that time.

(2)

FWA may give that advice by any means it considers appropriate.

(3)

Section 625 of the FW Act (which deals with delegation by the

President of functions and powers of FWA) has effect as if

subsection (2) of that section included a reference to FWA's functions

and powers under this item.

12 Regulations dealing with other matters

The regulations may deal with other matters relating to the State

reference public sector transitional award modernisation process.

Division 3

Avoiding reductions in take-home pay

13 State reference public sector transitional award

modernisation process is not intended to result in

reduction in take-home pay

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(1)

The State reference public sector transitional award modernisation

process is not intended to result in a reduction in the take-home pay of

employees.

(2)

An employee's take-home pay is the pay an employee actually receives:

(a) including wages and incentive-based payments, and

additional amounts such as allowances and overtime; but

(b) disregarding the effect of any deductions that are made as

permitted by section 324 of the FW Act.

Note:

Deductions permitted by section 324 of the FW Act may (for example) include

deductions under salary sacrificing arrangements.

(3)

An employee suffers a modernisation-related reduction in take-home

pay if, and only if:

(a) a State reference public sector modern award made in the

State reference public sector transitional award

modernisation process starts to apply to the employee when

the modern award comes into operation; and

(b) the employee is employed in the same position as (or a

position that is comparable to) the position he or she was

employed in immediately before the State reference public

sector modern award came into operation; and

particular hours or for a particular quantity of work after the

State reference public sector modern award comes into

operation is less than what would have been the employee's

take-home pay for those hours or that quantity of work

immediately before the modern award came into operation;

and

(d) that reduction in the employee's take-home pay is

attributable to the State reference public sector transitional

award modernisation process.

14 Orders remedying reductions in take-home pay

(1)

If FWA is satisfied that an employee, or a class of employees, to whom

a State reference public sector modern award applies has suffered a

modernisation-related reduction in take-home pay, FWA may make any

order (a take-home pay order) requiring, or relating to, the payment of

an amount or amounts to the employee or employees that FWA

considers appropriate to remedy the situation.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

36 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(2)

FWA may make a take-home pay order only on application by:

(a) an employee who has suffered a modernisation-related

reduction in take-home pay; or

(b) an organisation that is entitled to represent the industrial

interests of such an employee; or

(3)

If FWA is satisfied that an application for a take-home pay order has

already been made in relation to an employee or a class of employees,

FWA may dismiss any later application that is made under these

provisions in relation to the same employee or employees.

15 Ensuring that take-home pay orders are confined to the

circumstances for which they are needed

(1)

FWA must not make a take-home pay order in relation to an employee

or class of employees if:

(a) FWA considers that the modernisation-related reduction in

take-home pay is minor or insignificant; or

(b) FWA is satisfied that the employee or employees have been

adequately compensated in other ways for the reduction.

(2)

FWA must ensure that a take-home pay order is expressed so that:

(a) it does not apply to an employee unless the employee has

actually suffered a modernisation-related reduction in

take-home pay; and

(b) if the take-home pay payable to the employee under the State

reference public sector modern award increases after the

order is made, there is a corresponding reduction in any

amount payable to the employee under the order.

16 Take-home pay order continues to have effect so long as

State reference public sector modern award continues

to cover the employee or employees

A take-home pay order made in relation to an employee or class of

employees to whom a particular State reference public sector modern

award applies continues to have effect in relation to those employees

(subject to the terms of the order) for so long as the State reference

public sector modern award continues to cover the employee or

employees, even if it stops applying to the employee or employees

because an enterprise agreement starts to apply.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

17 Inconsistency with State reference public sector modern

awards and enterprise agreements

A term of a State reference public sector modern award or an enterprise

agreement has no effect in relation to an employee to the extent that it is

less beneficial to the employee than a term of a take-home pay order

that applies to the employee.

18 Application of provisions of FW Act to take-home pay

orders

The FW Act applies as if the following provisions of that Act included a

reference to a take-home pay order:

(a) subsection 675(2);

(b) subsection 706(2).

Note:

For compliance with take-home pay orders, see item 7 of Schedule 16.

Division 4

Application of the FW Act

19 How the FW Act applies to the modernisation process

before the FW (safety net provisions) commencement

day

For the purposes of making a State reference public sector modern

award before the FW (safety net provisions) commencement day, the

following provisions of the FW Act apply as if they had already

commenced:

(a) Part 2-2 (which deals with the National Employment

Standards);

(b) section 134 (which deals with the modern awards objective);

awards);

(d) section 284 (which deals with the minimum wages

objective);

(e) any provisions that are necessary for the effectual operation

of the provisions referred to in paragraphs (a) to (d).

20 How the FW Act applies to modern awards made in the

State reference public sector transitional award

modernisation process

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

38 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(1)

A State reference public sector modern award made under Division 2 is,

for the purposes of the FW Act (and any other law), taken to be a

modern award (being a State reference public sector modern award)

within the meaning of that Act from the day on which the State

reference public sector modern award is made.

(2)

Section 49 of the FW Act does not apply for the purpose of determining

when the State reference public sector modern award comes into

operation. Instead, the modern award comes into operation on the day

on which it is expressed to commence, being a day that is not earlier

than the day on which the modern award is made.

(3)

The regulations may deal with other matters relating to how the FW Act

applies in relation to State reference public sector modern awards.

Division 2

Other amendments related to State reference

public sector modern awards

Fair Work Act 2009

52 Section 12 (at the end of the definition of award

modernisation process)

add:

; and (c) the State reference public sector transitional award

modernisation process provided for by Part 2 of Schedule 6A

of the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009.

53 Section 12 (at the end of the definition of coverage terms)

add:

; and (c) in relation to a State reference public sector modern award:

see section 143B.

54 Section 12

Insert:

State reference public sector employee: see subsection 168E(3).

55 Section 12

Insert:

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

State reference public sector employer: see subsection 168E(4).

56 Section 12

Insert:

State reference public sector modern award: see subsection

168E(2).

57 Section 12

Insert:

State reference public sector modern awards objective: see

section 168F.

58 At the end of subsection 49(3)

Insert:

Note:

For when a State reference public sector modern award comes into

operation, see section 168J.

59 Section 132 (after the paragraph relating to Division 7)

Insert:

Division 8 contains additional provisions relating to State reference

public sector modern awards.

60 At the end of section 143

Add:

State reference public sector modern awards

(10) A modern award (other than a State reference public sector modern

award) must be expressed not to cover employees who are covered

by a State reference public sector modern award, or a State

reference public sector transitional award (within the meaning of

the Fair Work (Transitional Provisions and Consequential

Amendments) Act 2009), or employers in relation to those

employees.

(11) This section does not apply to State reference public sector modern

awards.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

40 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Note:

The heading to section 143 is altered by adding at the end "and State reference public

sector modern awards".

61 After section 143A

Insert:

143B Coverage terms of State reference public sector modern

awards

Coverage terms must be included

(1) A State reference public sector modern award must include terms

(coverage terms) setting out, in accordance with this section, the

employers, employees and organisations that are covered by the

modern award.

Employers and employees

(2) The coverage terms must be such that:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers; and

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

Organisations

(3) A State reference public sector modern award may be expressed to

cover one or more specified organisations, in relation to:

(a) all or specified employees covered by the modern award; or

(b) the employer, or all or specified employers, covered by the

modern award.

Outworker entities

(4) A State reference public sector modern award must not be

expressed to cover outworker entities.

How coverage etc. is expressed

(5) For the purposes of this section:

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(a) an employer or employers may be specified by name or by

inclusion in a specified class or specified classes; and

(b) employees must be specified by inclusion in a specified class

or specified classes; and

62 At the end of Part 2-3

Add:

Division 8--Additional provisions relating to State

reference public sector modern awards

168E State reference public sector modern awards

(1) This Division contains additional provisions that relate to State

reference public sector modern awards. The provisions in this

Division have effect despite anything else in this Part.

(2) A State reference public sector modern award is a modern award

in relation to which the following conditions are satisfied:

(a) the only employers that are expressed to be covered by the

modern award are one or more specified State reference

public sector employers;

(b) the only employees who are expressed to be covered by the

modern award are specified State reference public sector

employees of those employers.

(3) A State reference public sector employee is an employee:

(a) who is a national system employee only because of

section 30C; and

(b) who is a State public sector employee as defined in

section 30A.

(4) A State reference public sector employer is an employer:

(a) that is a national system employer only because of

section 30D; and

(b) that is a State public sector employer as defined in

section 30A.

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

42 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

168F The State reference public sector modern awards objective

The State reference public sector modern awards objective

(1) FWA must recognise:

(a) the need to facilitate arrangements for State reference public

sector employers and State reference public sector employees

that are appropriately adapted to the effective administration

of a State; and

(b) that State reference public sector modern awards may

provide terms and conditions tailored to reflect employment

arrangements that have been developed in relation to State

reference public sector employers and State reference public

sector employees.

This is the State reference public sector modern awards objective.

When does the State reference public sector modern awards

objective apply?

(2) The State reference public sector modern awards objective applies

to the performance of FWA's functions or powers under this Act,

so far as they relate to State reference public sector modern awards.

References to the modern awards objective

(3) A reference to the modern awards objective in this Act, other than

section 134, is taken to include a reference to the State reference

public sector modern awards objective.

168G Making State reference public sector mode rn awards on

application

(1) FWA may make a State reference public sector modern award (the

proposed award) only on application under section 158 by:

(a) a State reference public sector employer; or

(b) an organisation that is entitled to represent the industrial

interests of a State reference public sector employer or of a

State reference public sector employee.

(2) The application must specify the employers, employees and

organisations (the proposed parties) proposed to be covered by the

proposed award.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(3) FWA must consider the application, and must make a State

reference public sector modern award covering the proposed

parties if FWA is satisfied that:

(a) the employers and organisations that are proposed parties

have agreed to the making of the application; and

(b) either:

(i) none of the employers and employees that are proposed

parties are already covered by a State reference public

sector modern award; or

(ii) if there are employers and employees that are proposed

parties and that are already covered by a State reference

public sector modern award (the current award)--it is

appropriate (in accordance with section 168L) to vary

the coverage of the current award so that the employers

or employees cease to be covered by the current award.

(4) FWA must not make a State reference public sector modern award

otherwise than in accordance with this Division or in accordance

with Part 2 of Schedule 6A to the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009.

168H State reference public sector modern awards may contain

State-based differences

Section 154 (which deals with terms that contain State-based

differences) does not apply in relation to State reference public

sector modern awards.

168J When State reference public sector modern awards come into

operation

Section 49 does not apply for the purpose of determining when a

State reference public sector modern award comes into operation.

Instead, the modern award comes into operation on the day on

which it is expressed to commence, being a day that is not earlier

than the day on which the modern award is made.

168K Rules about revoking State reference public sector modern

awards

(1) FWA may make a determination revoking a State reference public

sector modern award only on application under section 158 by:

Schedule 2 Consequential and transitional provisions relating to referral of matters

Part 2 State reference public sector modern awards

44 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

(a) a State reference public sector employer; or

(b) an organisation that is entitled to represent the industrial

interests of a State reference public sector employer or of a

State reference public sector employee.

(2) FWA must not make a determination revoking a State reference

public sector modern award unless FWA is satisfied that:

(a) the modern award is obsolete or no longer capable of

operating; or

(b) all the employees covered by the modern award will, when

the revocation comes into operation, be covered by a

different modern award (other than the miscellaneous modern

award) that is appropriate for them.

(3) In deciding whether to revoke a State reference public sector

modern award, FWA must take into account the following:

(a) the circumstances that led to the making of the modern

award;

(b) the terms and conditions of employment applying in the

industry or occupation in which the persons covered by the

modern award operate, and the extent to which those terms

and conditions are reflected in the modern award;

arrangements, and provides terms and conditions of

employment, referred to in paragraphs 168F(1)(a) and (b);

(d) the likely impact on the persons covered by the modern

award of a decision to revoke, or not to revoke, the modern

award;

(e) the views of the persons covered by the modern award;

(f) any other matter prescribed by the regulations.

168L Rules about varying coverage of State reference public sector

modern awards

(1) FWA may make a determination varying the coverage of a State

reference public sector modern award only on application under

section 158 by:

(a) a State reference public sector employer; or

(b) an organisation that is entitled to represent the industrial

interests of a State reference public sector employer or of a

State reference public sector employee.

Consequential and transitional provisions relating to referral of matters Schedule 2

State reference public sector modern awards Part 2

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

(2) FWA must not make a determination varying the coverage of a

State reference public sector modern award so that it ceases to be a

State reference public sector modern award.

(3) In deciding whether to make a determination varying the coverage

of a State reference public sector modern award in some other way,

FWA must take into account the following:

(a) the circumstances that led to the making of the modern

award;

(b) the terms and conditions of employment applying in the

industry or occupation in which the persons covered, or

proposed to be covered, by the modern award operate, and

the extent to which those terms and conditions are reflected

in the modern award;

covered, by the modern award of a decision to make, or not

make, the variation;

(d) if the variation would result in the modern award covering

one or more additional classes of employers or employees--

whether it is appropriate for that modern award to cover

those classes of employers or employees, as well as the

classes of employers and employees that it already covers;

(e) the views of the persons covered, or proposed to be covered,

by the modern award;

(f) any other matter prescribed by the regulations.

63 Subsection 292(1)

After "modern enterprise award" (wherever occurring), insert "or a

State reference public sector modern award".

Schedule 3 Other amendments of the Fair Work Act 2009

46 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 3

Other amendments of the Fair

Work Act 2009

1 Section 12

Insert:

connected with a Territory: an arrangement for work to be

performed for a person (either directly or indirectly) is connected

with a Territory if one or more of the following apply:

(a) at the time the arrangement is made, one or more parties to

the arrangement is in a Territory in Australia;

(b) the work is to be performed in such a Territory;

governmental or other nature) in such a Territory, and the

work is reasonably likely to be performed in that Territory;

(d) the person carries on an activity (whether of a commercial,

governmental or other nature) in such a Territory, and the

work is to be performed in connection with that activity.

Note:

In this context, Australia includes the Territory of Christmas Island

and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of

the Acts Interpretation Act 1901).

2 Section 12 (paragraph (e) of the definition of outworker

entity)

Omit "who carries on an activity (whether of a commercial,

governmental or other nature) in a Territory in Australia,".

3 Section 12 (subparagraph (e)(iii) of the definition of

outworker entity)

Repeal the subparagraph, substitute:

(iii) the arrangement is connected with a Territory.

4 Subparagraph 27(1)(d)(i)

Repeal the subparagraph, substitute:

(i) any law referred to in subsection (1A); or

Agriculture, Fisheries and Forestry Schedule 4

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Schedule 4

Agriculture, Fisheries and

Forestry

Australian Meat and Live-stock Industry (Repeals and

Consequential Provisions) Act 1997

1 Item 23 of Schedule 5 (definition of award)

Repeal the definition.

Dairy Industry Service Reform Act 2003

2 Subsection 22(2) (definition of award)

Repeal the definition.

3 Subsection 38(2) (definition of award)

Repeal the definition.

Horticulture Marketing and Research and Development

Services (Repeals and Consequential Provisions)

Act 2000

4 Subsection 4(1) (definition of award)

Repeal the definition.

Pig Industry Act 2001

5 Section 7 (definition of award)

Repeal the definition.

Schedule 5 Attorney-General

Part 1 General consequential amend ments

48 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

Schedule 5

Attorney-General

Part 1

General consequential amendments

Age Discrimination Act 2004

1 Section 5 (paragraph (c) of the definition of Commonwealth

law)

Omit "or award", substitute ", determination or award".

2 Subsection 23(3) (definition of registered organisation)

Omit "within the meaning of Schedule 1B to the Workplace Relations

Act 1996", substitute "registered, or an association recognised, under

the Fair Work (Registered Organisations) Act 2009".

Note:

The heading to section 23 is altered by omitting "Schedule 1B to the Workplace

Relations Act 1996" and substituting "the Fair Work (Registered Organisations) Act

2009".

3 Subsection 36(2) (definition of registered organisation)

Omit "within the meaning of Schedule 1B to the Workplace Relations

Act 1996", substitute "registered, or an association recognised, under

the Fair Work (Registered Organisations) Act 2009".

Australian Capital Territory (Self-Government) Act 1988

4 Section 28 (note)

Omit "Section 17 of the Workplace Relations Act 1996", substitute

"Sections 29 and 40 of the Fair Work Act 2009".

Australian Crime Commission Act 2002

5 Subsection 19A(8) (definition of prescribed agency)

Omit "the Australian Industrial Relations Commission", substitute "Fair

Work Australia".

6 Schedule 1

Insert the following entry in its appropriate alphabetical position

(determined on a letter-by-letter basis):

Attorney-General Schedule 5

General consequential amendments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Fair Work (Registered Organisations) Act 2009, section 356

7 Schedule 1

Omit "Workplace Relations Act 1996, section 355, and section 356 of

Schedule 1B".

Australian Federal Police Act 1979

8 Subsection 4(1) (definition of collective agreement)

Repeal the definition.

9 Subsection 27(4) (definition of industrial instrument)

Omit all the words from and including "any" to and including "an

AWA.", substitute "an award, determination or industrial agreement

made under the Fair Work Act 2009 or continued in existence by the

Fair Work (Transitional Provisions and Consequential Amendments)

Act 2009 (see item 2 of Schedule 3 to that Act).".

10 Subsection 27(4) (note)

Omit ", within the meaning given by the Workplace Relations Act

1996", substitute "(within the meaning of the Fair Work (Transitional

Provisions and Consequential Amendments) Act 2009: see item 4 of

Schedule 2 to that Act) or under the National Employment Standards

(within the meaning of the Fair Work Act 2009)".

11 Section 28 (note)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

12 Subparagraph 40J(1)(ab)(i)

Omit "certified agreement or collective agreement", substitute

"industrial agreement (however described)".

13 Subsection 69B(1)

Omit "Workplace Relations Act 1996 (other than Division 9 of Part 9 or

Part 16)", substitute "Fair Work Act 2009 (other than Part 3-1 or

Division 9 of Part 3-3)".

Note:

The heading to section 69B is altered by omitting "Workplace Relations Act" and

substituting "Fair Work Act".

Schedule 5 Attorney-General

Part 1 General consequential amend ments

50 Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No.

, 2009

14 Paragraph 69B(1)(b)

Omit "Workplace Relations Act 1996", substitute "Fair Work Act

2009".

15 Subsection 69B(2)

Omit "Workplace Relations Act 1996 (other than Division 4 of

Part 12)", substitute "Fair Work Act 2009 (other than Parts 3-1, 3-2, 6-1

and 6-4, and Division 2 of Part 3-6)".

16 Subsection 69B(3)

Omit "Workplace Relations Act 1996" (wherever occurring), substitute

"Fair Work Act 2009".

Bankruptcy Act 1966

17 Subsection 5(1)

Insert:

industrial instrument means:

(a) a law of the Commonwealth, a State or a Territory regulating

conditions of employment; or

(b) an award, determination or agreement made under such a

law.

18 Paragraph 109(1)(e)

Omit "an award or agreement, regulating conditions of employment, or

the Australian Fair Pay and Conditions Standard (within the meaning

given by the Workplace Relations Act 1996)", substitute "an industrial

instrument".

19 Subparagraph 139Y(1)(b)(i)

Repeal the subparagraph, substitute:

(i) in the case of employment where an industrial

instrument prescribes rates or minimum rates of salary

or wages for the employment--might reasonably be

expected to be or to have been received by the bankrupt

in respect of the employment by virtue of the industrial

instrument; or

Attorney-General Schedule 5

General consequential amendments Part 1

Fair Work (State Referral and Consequential and Other Amendments) Bill 2009 No. , 2009

Crimes Act 1914

20 Section 85ZL (subparagraphs (c)(ii) and (iii) of the

definition of Commonwealth authority)

Repeal the subparagraphs, substitute:

(ii) an organisation registered, or an association recognised,

under the Fair Work (Registered Organisations) Act

2009, or a branch of such an organisation or association;

Criminal Code Act 1995

21 Dictionary in the Criminal Code (subparagraphs (a)(vi) and

(vii) of the definition of Commonwealth authority)

Repeal the subparagraphs.

22 Dictionary in the Criminal Code (after paragraph (aa) of

the definition of Commonwealth authority)

Insert:

(ab) an organisation registered, or an association recognised,

under the Fair Work (Registered Organisations) Act 2009; or

23 Dictionary in the Criminal Code (paragraph (n) of the

definition of Commonwealth public official)

After "individual", insert "(other than an official of a registered

industrial organisation)".

24 Dictionary in the Criminal Code (subparagraphs (n)(vi) and

(vii) of the definition of Commonwealth public official)

Repeal the subparagraphs.

25 Dictionary in the Criminal Code (paragraph (r) of the

definition of Commonwealth public official)

After "individual", insert "(other than an official of a registered

Commonwealth of Australia Bills

FAIR WORK (STATE REFERRAL AND CONSEQUENTIAL AND OTHER AMENDMENTS) BILL 2009