Commonwealth Consolidated Acts

WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1996 - SCHEDULE 9

Part 1—Amendments

Workplace Relations Act 1996

1  Division 3 of Part VIB

Repeal the Division.

Part 2—Transitional

2  Continued operation of EFAs

Pre‑commencement EFA continues despite amendments of Act

(1)        Despite the amendments made by Part 1 of this Schedule, a pre‑commencement EFA continues to have effect, to the extent provided by the following subitems, as if those amendments had not been made.

Period of operation ending after commencement of amendments

(2)        If the period of operation of the EFA ends after the commencement of this Part:

                     (a)  the EFA continues in force until the end of the period of operation; and

                     (b)  the EFA further continues in force until terminated by the Commission under subitem (4).

Period of operation ending before commencement of amendments

(3)        If the period of the EFA ended before the commencement of this Part, the EFA continues in force after the commencement of this Part until terminated by the Commission under subitem (4).

Termination by Commission

(4)        The Commission may, on application by a party to an EFA, terminate the EFA if the Commission considers that it is not contrary to the public interest to do so. The termination takes effect at the end of the day on which the Commission makes its determination, or at such later time as is specified in the determination.

Period of operation cannot be extended

(5)        The period of operation of the EFA cannot be extended after the commencement of this Part.

EFA is displaced by Australian workplace agreement

(6)        If an Australian workplace agreement comes into operation in relation to an employee who is bound by the EFA, the EFA ceases to have effect in relation to that employee.

EFA displaced by certain awards or orders

(7)        The following prevail over an EFA, to the extent of any inconsistency:

                     (a)  an exceptional matters order;

                     (b)  an award made under subsection 170MX(3) of the Workplace Relations Act.

Disability Discrimination Act

(8)        For the purposes of the Disability Discrimination Act 1984 , an EFA is taken to be an award of the kind referred to in:

                     (a)  the definition of Commonwealth law in section 4 of that Act; and

                     (b)  section 47 of that Act.

Sex Discrimination Act

(9)        For the purposes of the Sex Discrimination Act 1984 , an EFA is taken to be an award of the kind referred to in section 40  of that Act.

Interpretation

(10)      In this item:

"EFA" means an enterprise flexibility agreement.

"majority of the employees" means a majority of the employees who are bound by the EFA.

"period of the EFA" means the period of operation specified in the EFA, or that period as extended or further extended.

"pre-commencement EFA" means an enterprise flexibility agreement that is in force at the commencement of this Part.