Commonwealth Numbered Acts

WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1996 No. 60, 1996 - SCHEDULE 9

Schedule 9-Enterprise flexibility agreements (EFAs) 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 sections 40, 50A and 50B 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.