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FAIR WORK ACT 2009 (NO. 28, 2009) - SCHEDULE 1 Transitional provisions

FAIR WORK ACT 2009 (NO. 28, 2009) - SCHEDULE 1

Transitional provisions

Note:       See section 574A.

   

   

1   Definitions

             (1)  For the purposes of this Schedule, unless a contrary intention appears, expressions used in this Schedule that are defined in the Workplace Relations Act 1996 (other than Schedule 1 to that Act) have the same meanings as they have in that Act.

             (2)  If:

                     (a)  a provision of this Schedule uses an expression defined in both the Workplace Relations Act 1996 and this Act; and

                     (b)  it is clear from the context of the provision which of those meanings is intended to apply in that provision;

the expression has that meaning.

2   Appointments to Fair Work Australia

             (1)  An appointment that is:

                     (a)  to an office of the Commission mentioned in a table item below; and

                     (b)  in force immediately before the commencement time for the table item;

is taken, after that time, to be an appointment, under section 626 of this Act, to the office of FWA mentioned in the table item.

Note:          The person continues to be appointed to the Commission (see subclause (3)).

 

Appointments to FWA

 

Item

Column 1

Office of the Commission

Column 2

Office of FWA

Column 3

Commencement time

1

President of the Commission

President of FWA

The day proclaimed for the purposes of item 2 of the table in subsection 2(1) of this Act.

2

Vice President of the Commission

Deputy President of FWA

The first day proclaimed for the purposes of item 3 of the table in subsection 2(1) of this Act.

3

Senior Deputy President of the Commission

Deputy President of FWA

The first day proclaimed for the purposes of item 3 of the table in subsection 2(1) of the FW Act.

4

Deputy President of the Commission

Deputy President of FWA

The first day proclaimed for the purposes of item 3 of the table in subsection 2(1) of this Act.

5

Commissioner of the Commission

Commissioner of FWA

The first day proclaimed for the purposes of item 3 of the table in subsection 2(1) of this Act.

 

             (2)  Subclause (1) does not apply to a member of the Commission who:

                     (a)  was appointed as a member of a prescribed State industrial authority (within the meaning of the Workplace Relations Act 1996 ) before being appointed as a member of the Commission; and

                     (b)  still holds that appointment as a member of the prescribed State industrial authority.

Dual appointments

             (3)  Despite any provision of the Workplace Relations Act 1996 or this Act, a person who is taken to have been appointed as an FWA Member under this clause continues also to hold office under the Workplace Relations Act 1996 .

Note:          The terms and conditions of a person who is taken to have been appointed as an FWA Member are the terms and conditions that attach to his or her appointment under the Workplace Relations Act 1996 (see clause 3).

3   Terms and conditions

             (1)  A person who is taken to have been appointed as an FWA Member under clause 2:

                     (a)  holds office under this Act on the same terms and conditions as attach, or attached, to his or her appointment under the Workplace Relations Act 1996 (including under subsections 63(2) and (3) of that Act); and

                     (b)  is entitled to the same designation as he or she is, or was, entitled to in relation to his or her appointment under the Workplace Relations Act 1996 (including the designation the person has, or had, because of subsection 80(2) of the Industrial Relations (Consequential Provisions) Act 1988 ).

             (2)  To avoid doubt, subclause (1):

                     (a)  has effect despite subsections 633(1) and 644(1) of this Act; and

                     (b)  continues the operation of the Judges' Pensions Act 1968 in relation to a person taken to have been appointed under clause 2 and to whom that Act applied as a member of the Commission.

             (3)  For the purposes of determining the remuneration of a person who is taken to have been appointed as an FWA Member under clause 2:

                     (a)  sections 635 and 637 of this Act do not apply; and

                     (b)  sections 79 and 81 of the Workplace Relations Act 1996 continue to apply in relation to the person's appointment as both an FWA Member and a member of the Commission.

4   Seniority of FWA Members

             (1)  If a person who is a member of the Commission is taken to have been appointed as an FWA Member under clause 2, the day on which the person's appointment took effect is, for the purposes of section 619 of this Act, taken to be the day on which the person was appointed as such a member of the Commission.

             (2)  If 2 or more such persons were appointed to the Commission on the same day, their seniority is, for the purposes of section 619 of this Act, to be determined in accordance with the precedence assigned to them under section 65 of the Workplace Relations Act 1996 .

5   Procedural rules

                   Section 609 of this Act has effect, in relation to any time at which the President is the only FWA Member, as if the words "After consulting the other FWA Members," were omitted from subsection (1) of that section.

6   Transfer of assets and liabilities

             (1)  The person referred to in column 1 of an item of the following table must arrange for the transfer, on the first day proclaimed for the purposes of item 3 of the table in subsection 2(1) of this Act, of assets and liabilities of the body referred to in column 2 of the item of the following table to the body referred to in column 3 of the item of the following table.

 

Transfer of assets and liabilities

 

Item

Column 1

Office‑holder who enters arrangement with FWA

Column 2

Body whose assets and liabilities are transferred

Column 3

Body to which assets and liabilities are transferred

1

Director of the AFPC Secretariat

AFPC Secretariat

FWA

2

Industrial Registrar

Australian Industrial Registry

FWA

3

Workplace Authority Director

Workplace Authority

Office of the Fair Work Ombudsman

4

Workplace Ombudsman

Office of the Workplace Ombudsman

Office of the Fair Work Ombudsman

             (2)  Despite subclause (1), the Minister may, before the day mentioned in that subclause, determine one or more of the following by writing:

                     (a)  that some or all assets and liabilities of the body (as specified in the determination) are to be transferred to a different body (as specified in the determination) from the one referred to in column 3 of the table;

                     (b)  that some or all assets and liabilities of the body (as specified in the determination) are to be transferred on a different day (as specified in the determination) from the one referred to in subclause (1);

                     (c)  that some or all assets and liabilities of the body (as specified in the determination) are to be transferred in accordance with regulations made, or to be made, for the purposes of this paragraph.

             (3)  A determination under subclause (2):

                     (a)  has effect accordingly; and

                     (b)  is not a legislative instrument.

             (4)  In this clause, a reference to an asset of a body includes a reference to a record or any other information that is in the custody of, or under the control of, the body.

7   Additional function and power of the General Manager

                   The General Manager of FWA may enter into an arrangement with the person referred to in column 1 of an item of the following table for FWA to provide assistance to the body referred to in column 2 of the item for the purpose of performing functions on and after the WR Act repeal day.

 

Arrangements between FWA and body

 

Item

Column 1

Office‑holder who enters arrangement with FWA

Column 2

Body to which assistance is provided

1

Industrial Registrar

Australian Industrial Registry

2

Workplace Authority Director

Workplace Authority

3

Director of the AFPC Secretariat

AFPC Secretariat


 

  

 

 

[ Minister's second reading speech made in--

House of Representatives on 25 November 2008

Senate on 4 December 2008 ]

(222/08)

 



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