• Specific Year
    Any

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2009 - SCHEDULE 23 Other amendments of the FW Act

FAIR WORK (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 2009 - SCHEDULE 23

Other amendments of the FW Act

 

Fair Work Act 2009

1   At the end of section   3

Add:

  ; and (g)   acknowledging the special circumstances of small and medium - sized businesses.

2   Section   12 (definition of civil remedy provision )

Omit "subsection   539(1)", substitute "subsections   539(1) and (3)".

2A   At the end of subsection   22(2)

Add:

  ; (c)   any other period of a kind prescribed by the regulations.

2B   After subsection   22(3)

Insert:

  (3A)   Regulations made for the purposes of paragraph   (2)(c) may prescribe different kinds of periods for the purposes of different provisions of this Act (other than provisions to which subsection   (4) applies). If they do so, subsection   (3) applies accordingly.

2C   Paragraph   22(4)(a)

Repeal the paragraph, substitute:

  (a)   a period of service by a national system employee with his or her national system employer is a period during which the employee is employed by the employer, but does not include:

  (i)   any period of unauthorised absence; or

  (ii)   any other period of a kind prescribed by the regulations; and

2D   Paragraph   22(4)(b)

Omit "of unauthorised absence", substitute "referred to in subparagraph   (a)(i) or (ii)".

2E   After subsection   22(4)

Insert:

  (4A)   Regulations made for the purposes of subparagraph   (4)(a)(ii) may prescribe different kinds of periods for the purposes of different provisions to which subsection   (4) applies. If they do so, paragraph   (4)(b) applies accordingly.

3   Section   63

Before "A", insert "(1)".

4   Section   63 (note)

Repeal the note, substitute:

  (2)   The terms of a modern award or enterprise agreement may provide for average weekly hours that exceed the hours referred to in paragraph   (1)(a) or (b) if the excess hours are reasonable for the purposes of subsection   62(1).

Note:   Hours in excess of the hours referred to in paragraph   (1)(a) or (b) that are worked in a week in accordance with averaging terms in a modern award or enterprise agreement (whether the terms comply with subsection   (1) or (2)) will be treated as additional hours for the purposes of section   62. The averaging terms will be relevant in determining whether the additional hours are reasonable (see paragraph   62(3)(i)).

5   Section   64

Before "An", insert "(1)".

6   Section   64 (note)

Repeal the note, substitute:

  (2)   The agreed averaging arrangement may provide for average weekly hours that exceed the hours referred to in paragraph   (1)(a) or (b) if the excess hours are reasonable for the purposes of subsection   62(1).

Note:   Hours in excess of the hours referred to in paragraph   (1)(a) or (b) that are worked in a week in accordance with an agreed averaging arrangement (whether the arrangement complies with subsection   (1) or (2)) will be treated as additional hours for the purposes of section   62. The averaging arrangement will be relevant in determining whether the additional hours are reasonable (see paragraph   62(3)(i)).

7   At the end of subsection   140(1)

Add:

Note:   A person who is an employer may also be an outworker entity (see the definition of outworker entity in section   12).

8   Subsection   312(2)

Repeal the subsection   (not including the heading), substitute:

  (2)   Each of the following is a named employer award :

  (a)   a modern award (including a modern enterprise award) that is expressed to cover one or more named employers;

  (b)   a modern enterprise award that is expressed to cover one or more specified classes of employers (other than a modern enterprise award that is expressed to relate to one or more enterprises as described in paragraph   168A(2)(b)).

Note:   Paragraph   168A(2)(b) deals with employers that carry on similar business activities under the same franchise.

9   Part   2 - 9 (heading)

Repeal the heading, substitute:

Part   2 - 9--Other terms and conditions of employment

9A   At the end of subsection   371(2)

Add ", or within such period as a court allows on an application made during or after those 14 days".

9B   At the end of section   371

Add:

Note:   In Brodie - Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988 .

10   Paragraph   411(c)

Omit "; and", substitute ".".

11   Paragraph   411(d)

Repeal the paragraph.

12   At the end of Subdivision C of Division   2 of Part   3 - 3 of Chapter   3

Add:

416A   Employer response action does not affect continuity of employment

    Employer response action for a proposed enterprise agreement does not affect the continuity of employment of the employees who will be covered by the agreement, for such purposes as are prescribed by the regulations.

13   Subsection   539(2) (cell at table item   2, column headed "Civil remedy provision")

Repeal the cell, substitute:

 

45 (other than in relation to a contravention or proposed contravention of an outworker term)

14   Subsection   539(2) (cell at table item   3, column headed "Civil remedy provision")

Repeal the cell, substitute:

 

45 (in relation to a contravention or proposed contravention of an outworker term)

15   Subsection   539(2) (cell at table item   4, column headed "Civil remedy provision")

Repeal the cell, substitute:

 

50 (other than in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award)

16   Subsection   539(2) (after table item   4)

Insert:

 

5

50 (in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award)

(a) an employee;

(b) an employer;

(c) an employee organisation;

(d) an inspector

(a) the Federal Court;

(b) the Federal Magistrates Court;

(c) an eligible State or Territory court

60 penalty units

17   At the end of section   539

Add:

  (3)   The regulations may provide that a provision set out in the regulations is a civil remedy provision .

  (4)   If the regulations make provision as mentioned in subsection   (3):

  (a)   the regulations must set out:

  (i)   the persons who would be referred to in column 2; and

  (ii)   the courts that would be referred to in column 3; and

  (iii)   the maximum penalty that would be referred to in column 4;

    of the table in subsection   (2) if there were an item for the civil remedy provision in the table; and

  (b)   this Part has effect as if the matters referred to subparagraphs   (a)(i) to (iii) were set out in such an item in the table.

Note:   See section   798 for limits on the penalties that may be set out in the regulations.

18   Subsection   540(2)

Omit "(other than an outworker term)".

19   Subsection   540(3)

Omit "to items   4, 7 and 14 in the table in subsection   539(2).", substitute:

    to:

  (a)   items   4, 7 and 14 in the table in subsection   539(2); or

  (b)   a contravention or proposed contravention of:

  (i)   an outworker term in a modern award; or

  (ii)   a term in an enterprise agreement that would be an outworker term if it were included in a modern award.

20   Subsection   540(4)

Omit all the words after "proposed contravention", substitute:

    of:

  (a)   an outworker term in a modern award; or

  (b)   a term in an enterprise agreement that would be an outworker term if it were included in a modern award;

only if the employee organisation is entitled to represent the industrial interests of an outworker to whom the term relates.

21   Subsection   558(2)

Omit "referred to in the relevant item in column 4 of the table in subsection   539(2) for contravening", substitute "that a court could have ordered the person to pay under section   546 if the court was satisfied that the person had contravened".

21A   Paragraph   722(a)

Omit "5 of Part   6 - 1", substitute "3 of Part   6 - 4".

21B   At the end of subsection   779(2)

Add ", or within such period as a court allows on an application made during or after those 14 days".

21C   At the end of section   779

Add:

Note:   In Brodie - Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988 .

22   Subsections   799(3) and (4)

Repeal the subsections.

Note:   The heading to subsection   799(3) is deleted.

(3)   To avoid doubt, subsection   615A(3) of the FW Act does not apply in relation to a collective agreement - based transitional instrument.

(1)   An agreement - based transitional instrument terminates at the end of the grace period for the instrument if the instrument has not already terminated before that time.

(2)   The grace period for an agreement - based transitional instrument is:

  (a)   subject to paragraph   (b), the period of 12 months (the default period ) beginning on the day Part   13 of Schedule   1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or

  (b)   if the default period is extended for the instrument on one or more occasions under subitem   (6) or paragraph   (11)(e)--the default period as so extended.

(3)   An employer covered by an agreement - based transitional instrument must, before the end of 6 months beginning on the day Part   13 of Schedule   1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences, give each employee who is covered by the instrument and employed by the employer at the end of that period written notice advising the employee:

  (a)   that the employee is covered by an agreement - based transitional instrument; and

  (b)   that the instrument will terminate unless an application is made to the FWC under subitem   (4), before the end of the period of 12 months beginning on the day that Part   commences, for the FWC to extend the default period for the instrument; and

  (c)   of the day on which that Part   commences.

Note:   For compliance with this obligation, see item   4C of Schedule   16.

(4)   Any of the following may apply to the FWC, before the end of the grace period for an agreement - based transitional instrument, for the FWC to extend the default period for the instrument for a period of no more than 4 years:

  (a)   an employer covered by the instrument;

  (b)   an employee covered by the instrument;

  (c)   an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the instrument.

(5)   An application under subitem   (4) must be accompanied by:

  (a)   a copy of the instrument; and

  (b)   any declarations that are required by the procedural rules of the FWC to accompany the application.

(6)   If an application is made under subitem   (4), the FWC must extend the default period for the agreement - based transitional instrument for a period of no more than 4 years if the FWC is satisfied that:

  (a)   subitem   (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or

  (b)   it is reasonable in the circumstances to do so.

(7)   This subitem applies if:

  (a)   the application is made at or after the notification time for a proposed enterprise agreement; and

  (b)   the proposed enterprise agreement will cover:

  (i)   if the application relates to an individual agreement - based transitional instrument--the employee covered by the individual agreement - based transitional instrument; or

  (ii)   if the application relates to a collective agreement - based transitional instrument--the same, or substantially the same, group of employees as the collective agreement - based transitional instrument; and

  (c)   bargaining for the proposed enterprise agreement is occurring .

(8)   This subitem applies if:

  (a)   the application relates to an individual agreement - based transitional instrument; and

  (b)   the employee covered by the instrument would be an award covered employee for the instrument under subitem   (10) if the instrument were a collective agreement - based transitional instrument; and

  (c)   it is likely that, as at the time the application is made, the employee would be better off overall if the instrument applied to the employee than if the relevant modern award referred to in that subitem applied to the employee.

(9)   This subitem applies if:

  (a)   the application relates to a collective agreement - based transitional instrument; and

  (b)   it is likely that, as at the time the application is made, the award covered employees for the instrument under subitem   (10), viewed as a group, would be better off overall if the instrument applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.

(10)   For the purposes of subitems   (8) and (9), the award covered employees for a collective agreement - based transitional instrument are the employees who:

  (a)   are covered by the instrument; and

  (b)   at the time an application is made under subitem   (4) in relation to the instrument, are covered by one or more modern awards (the relevant modern awards ) that:

  (i)   are in operation; and

  (ii)   cover the employees in relation to the work that the employees are to perform under the instrument; and

  (c)   are employed at that time by an employer who is covered by the instrument and by one or more of the relevant modern awards.

(10A)   The FWC must publish the following, on its website or by any other means that the FWC considers appropriate:

  (a)   a decision under subitem   (6);

  (b)   any written reasons that the FWC gives in relation to such a decision;

  (c)   if the decision is to extend the default period for a collective agreement - based transitional instrument--the instrument.

(10B)   Paragraph   (10A)(b) applies subject to any order made under section   594 of the FW Act.

(10C)   The FWC must not publish an individual agreement - based transitional instrument in relation to which an application under subitem   (4) is made.

(11)   If:

  (a)   an application is made under subitem   (4) in relation to an agreement - based transitional instrument; and

  (b)   the FWC has not made a decision on the application at a time (the critical time ) that is immediately before what would (apart from this subitem) be the end of the grace period for the instrument;

  (c)   the FWC must make the decision on the application after the critical time; and

  (d)   the decision on the application is taken to have been made at the critical time; and

  (e)   if the FWC's decision on the application is to refuse to extend the default period for the instrument under subitem   (6)--the FWC must extend the default period until the end of:

  (i)   subject to subparagraph   (ii), the day the refusal decision is made; or

  (ii)   if the refusal decision specifies a later day that is not more than 14 days after the day the refusal decision is made--that later day.

(2)   To avoid doubt, subsection   615A(3) of the FW Act does not apply in relation to a collective Division   2B State employment agreement.

(1)   A Division   2B State employment agreement terminates at the end of the grace period for the agreement if the agreement has not already terminated before that time.

(2)   The grace period for a Division   2B State employment agreement is:

  (a)   subject to paragraph   (b), the period of 12 months (the default period ) beginning on the day Part   13 of Schedule   1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or

  (b)   if the default period is extended for the agreement on one or more occasions under subitem   (6) or paragraph   (11)(e)--the default period as so extended.

(3)   An employer covered by a Division   2B State employment agreement must, before the end of 6 months beginning on the day Part   13 of Schedule   1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences, give each employee who is covered by the agreement and employed by the employer at the end of that period written notice advising the employee:

  (a)   that the employee is covered by a Division   2B State employment agreement; and

  (b)   that the agreement will terminate unless an application is made to the FWC under subitem   (4), before the end of the period of 12 months beginning on the day that Part   commences, for the FWC to extend the default period for the agreement; and

  (c)   of the day on which that Part   commences.

Note:   For compliance with this obligation, see item   4C of Schedule   16.

(4)   Any of the following may apply to the FWC, before the end of the grace period for a Division   2B State employment agreement, for the FWC to extend the default period for the agreement for a period of no more than 4 years:

  (a)   an employer covered by the agreement;

  (b)   an employee covered by the agreement;

  (c)   an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the agreement.

(5)   An application under subitem   (4) must be accompanied by:

  (a)   a copy of the agreement; and

  (b)   any declarations that are required by the procedural rules of the FWC to accompany the application.

(6)   If an application is made under subitem   (4), the FWC must extend the default period for the Division   2B State employment agreement for a period of no more than 4 years if the FWC is satisfied that:

  (a)   subitem   (7), (8) or (9) applies and it is otherwise appropriate in the circumstances to do so; or

  (b)   it is reasonable in the circumstances to do so.

(7)   This subitem applies if:

  (a)   the application is made at or after the notification time for a proposed enterprise agreement; and

  (b)   the proposed enterprise agreement will cover:

  (i)   if the application relates to an individual Division   2B State employment agreement--the employee covered by the individual Division   2B State employment agreement; or

  (ii)   if the application relates to a collective Division   2B State employment agreement--the same, or substantially the same, group of employees as the Division   2B State employment agreement; and

  (c)   bargaining for the proposed enterprise agreement is occurring .

(8)   This subitem applies if:

  (a)   the application relates to an individual Division   2B State employment agreement; and

  (b)   the employee covered by the agreement would be an award covered employee for the agreement under subitem   (10) if the agreement were a collective Division   2B State employment agreement; and

  (c)   it is likely that, as at the time the application is made, the employee would be better off overall if the agreement applied to the employee than if the relevant modern award referred to in that subitem applied to the employee.

(9)   This subitem applies if:

  (a)   the application relates to a collective Division   2B State employment agreement; and

  (b)   it is likely that, as at the time the application is made, the award covered employees for the agreement under subitem   (10), viewed as a group, would be better off overall if the agreement applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.

(10)   For the purposes of subitems   (8) and (9), the award covered employees for a collective Division   2B State employment agreement are the employees who:

  (a)   are covered by the agreement; and

  (b)   at the time an application is made under subitem   (4) in relation to the agreement, are covered by one or more modern awards (the relevant modern awards ) that:

  (i)   are in operation; and

  (ii)   cover the employees in relation to the work that the employees are to perform under the agreement; and

  (c)   are employed at that time by an employer who is covered by the agreement and by one or more of the relevant modern awards.

(10A)   The FWC must publish the following, on its website or by any other means that the FWC considers appropriate:

  (a)   a decision under subitem   (6);

  (b)   any written reasons that the FWC gives in relation to such a decision;

  (c)   if the decision is to extend the default period for a collective Division   2B State employment agreement--the agreement.

(10B)   Paragraph   (10A)(b) applies subject to any order made under section   594 of the FW Act.

(10C)   The FWC must not publish an individual Division   2B State employment agreement in relation to which an application under subitem   (4) is made.

(11)   If:

  (a)   an application is made under subitem   (4) in relation to a Division   2B State employment agreement; and

  (b)   the FWC has not made a decision on the application at a time (the critical time ) that is immediately before what would (apart from this subitem) be the end of the grace period for the agreement;

  (c)   the FWC must make the decision on the application after the critical time; and

  (d)   the decision on the application is taken to have been made at the critical time; and

  (e)   if the FWC's decision on the application is to refuse to extend the default period for the agreement under subitem   (6)--the FWC must extend the default period until the end of:

  (i)   subject to subparagraph   (ii), the day the refusal decision is made; or

  (ii)   if the refusal decision specifies a later day that is not more than 14 days after the day the refusal decision is made--that later day.

(1)   An enterprise agreement made during the bridging period ceases to operate at the end of the grace period for the agreement if the agreement has not already ceased to operate before that time.

(2)   The grace period for an enterprise agreement made during the bridging period is:

  (a)   subject to paragraph   (b), the period of 12 months (the default period ) beginning on the day Part   13 of Schedule   1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences; or

  (b)   if the default period is extended for the agreement on one or more occasions under subitem   (6) or paragraph   (10)(e)--the default period as so extended.

(3)   An employer covered by an enterprise agreement made during the bridging period must, before the end of 6 months beginning on the day Part   13 of Schedule   1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commences, give each employee who is covered by the agreement and employed by the employer at the end of that period written notice advising the employee:

  (a)   that the employee is covered by an enterprise agreement made during the bridging period; and

  (b)   that the agreement will terminate unless an application is made to the FWC under subitem   (4), before the end of the period of 12 months beginning on the day that Part   commences, for the FWC to extend the default period for the agreement; and

  (c)   of the day on which that Part   commences.

Note:   For compliance with this obligation, see item   4C of Schedule   16.

(4)   Any of the following may apply to the FWC, before the end of the grace period for an enterprise agreement made during the bridging period, for the FWC to extend the default period for the agreement for a period of no more than 4 years:

  (a)   an employer covered by the agreement;

  (b)   an employee covered by the agreement;

  (c)   an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the agreement.

(5)   An application under subitem   (4) must be accompanied by:

  (a)   a copy of the agreement; and

  (b)   any declarations that are required by the procedural rules of the FWC to accompany the application.

(6)   If an application is made under subitem   (4), the FWC must extend the default period for the enterprise agreement made during the bridging period for a period of no more than 4 years if the FWC is satisfied that:

  (a)   subitem   (7) or (8) applies and it is otherwise appropriate in the circumstances to do so; or

  (b)   it is reasonable in the circumstances to do so.

(7)   This subitem applies if:

  (a)   the application is made at or after the notification time for a proposed enterprise agreement that will cover the same, or substantially the same, group of employees as the enterprise agreement made during the bridging period; and

  (b)   bargaining for the proposed enterprise agreement is occurring.

(8)   This subitem applies if it is likely that, as at the time the application is made, the award covered employees for the agreement under subitem   (9), viewed as a group, would be better off overall if the agreement applied to the employees than if the relevant modern award or awards referred to in that subitem applied to the employees.

(9)   For the purposes of subitem   (8), the award covered employees for an enterprise agreement made during the bridging period are the employees who:

  (a)   are covered by the agreement; and

  (b)   at the time an application is made under subitem   (4) in relation to the agreement, are covered by one or more modern awards (the relevant modern awards ) that:

  (i)   are in operation; and

  (ii)   cover the employees in relation to the work that the employees are to perform under the agreement; and

  (c)   are employed at that time by an employer who is covered by the agreement and by one or more of the relevant modern awards.

(9A)   The FWC must publish the following, on its website or by any other means that the FWC considers appropriate:

  (a)   a decision under subitem   (6);

  (b)   any written reasons that the FWC gives in relation to such a decision;

  (c)   if the decision is to extend the default period for the relevant enterprise agreement--the agreement.

(9B)   Paragraph   (9A)(b) applies subject to any order made under section   594 of the FW Act.

(10)   If:

  (a)   an application is made under subitem   (4) in relation to an enterprise agreement made during the bridging period; and

  (b)   the FWC has not made a decision on the application at a time (the critical time ) that is immediately before what would (apart from this subitem) be the end of the grace period for the agreement;

  (c)   the FWC must make the decision on the application after the critical time; and

  (d)   the decision on the application is taken to have been made at the critical time; and

  (e)   if the FWC's decision on the application is to refuse to extend the default period for the agreement under subitem   (6)--the FWC must extend the default period until the end of:

  (i)   subject to subparagraph   (ii), the day the refusal decision is made; or

  (ii)   if the refusal decision specifies a later day that is not more than 14 days after the day the refusal decision is made--that later day.

(11)   If an enterprise agreement made during the bridging period ceases to operate in accordance with subitem   (1), that does not affect:

  (a)   any right or liability that a person acquired, accrued or incurred before the agreement ceased to operate; or

  (b)   any investigation, legal proceeding or remedy in respect of any such right or liability.

(12)   Any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if the agreement had not ceased to operate.

(13)   Subitems   (11) and (12) have effect subject to a contrary intention in this Act or in the FW Act.

Method statement

Step 1.   For each person who was an employee of the employer at any time during the period of 4 weeks immediately preceding the day on which the notice or dismissal time occurs, work out the number of ordinary hours (including parts of hours) of the person as the employer's employee during the period.

  Note:   Subitem   (3) sets out what are a person's ordinary hours.

Step 2.   If, during the period, the person took leave to which subitem   (4) applies, work out the number of hours of leave to which that subitem applies that the person took during the period.

Step 3.   Add together all of the numbers of ordinary hours worked out under step 1, and subtract all of the number of hours of leave worked out under step 2.

Step 4.   Divide by 152 the number worked out under step 3. The result is the employer's number of full - time equivalent employees at the notice or dismissal time.

  Note:   The number 152 is based on the maximum number of hours that a full - time employee would work in 4 weeks (being 38 hours per week) excluding reasonable additional hours.

(1)   An employer must not contravene subitem   20A(3) of Schedule   3.

Note:   This subitem is a civil remedy provision (see item   16, and Part   4 - 1 of the FW Act).

(2)   An employer must not contravene subitem   26A(3) of Schedule   3A.

Note:   This subitem is a civil remedy provision (see item   16, and Part   4 - 1 of the FW Act).

(3)   An employer must not contravene subitem   30(3) of Schedule   7.

Note:   This subitem is a civil remedy provision (see item   16, and Part   4 - 1 of the FW Act).

(a) an employee;

(b) an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the agreement -
based transitional instrument;

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(a) an employee;

(b) an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the Division   2B State employment agreement;

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

(a) an employee;

(b) an industrial association that is entitled to represent the industrial interests of one or more of the employees covered by the enterprise agreement;

(a) the Federal Court;

(b) the Federal Circuit and Family Court of Australia (Division   2);

  Jurisdiction is conferred on the Federal Magistrates Court by other laws of the Commonwealth.

  Jurisdiction is to be exercised in the General Division or the Fair Work Division of the Federal Magistrates Court.

This Chapter enables FWA to make orders about the representation rights of organisations of employees.

Part   2 provides for the orders to be made generally in relation to demarcation disputes.

Part   3 provides for the orders to be made in relation to employees who perform work for the same employer and/or at the same premises or workplace.

Part   4 contains miscellaneous provisions.