Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] After paragraph 5B(1)(a)
insert
(aa) the jurisdiction, functions or powers of the Australian Fair Pay Commission under the Workplace Relations Act 1996 ; or
[2] Subsection 5B(2)
substitute
(2) Subsection (1) does not apply to any express reference in the Workplace Relations Act 1996 to this Act or to the Superannuation Guarantee Charge Act 1992 .
[3] Section 6, definition of Commonwealth industrial award , paragraph (b)
omit
law.
insert
law; or
[4] Section 6, definition of Commonwealth industrial award , after paragraph (b)
insert
(c) a notional agreement preserving State awards; or
(d) a preserved State agreement.
[5] After section 12
insert
12A Interpretation: words and phrases in Workplace Relations Act 1996
In this Act:
"AWA" has the meaning given by section 4 of the Workplace Relations Act 1996 .
"collective agreement" has the meaning given by section 4 of the Workplace Relations Act 1996 .
"notional agreement preserving State awards" has the meaning given by clause 1 of Schedule 8 to the Workplace Relations Act 1996 .
"old IR agreement" has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996 .
"pre-reform AWA" has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996 .
"pre-reform certified agreement" has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996 .
"preserved State agreement" has the meaning given by clause 1 of Schedule 8 to the Workplace Relations Act 1996 .
"reform commencement" has the meaning given by section 4 of the Workplace Relations Act 1996 .
Note Some of the definitions in section 4 of the Workplace Relations Act 1996 refer to other provisions of that Act.
[6] Subsection 32C(6), including the heading
substitute
Contributions under certain workplace agreements
(6) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made under, or in accordance with:
(a) a pre‑reform certified agreement; or
(b) an AWA; or
(c) a pre‑reform AWA; or
(d) a collective agreement; or
(e) an old IR agreement.
Note A number of the expressions used in this subsection are defined in section 12A by reference to the Workplace Relations Act 1996 .
Contributions under notional agreements preserving State awards
(6A) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made:
(a) under, or in accordance with, a notional agreement preserving State awards; and
(b) in respect of salary or wages paid before 1 July 2006.
Note A number of the expressions used in this subsection are defined in section 12A by reference to the Workplace Relations Act 1996 .
Contributions under preserved State agreements
(6B) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made under, or in accordance with, a preserved State agreement.
Note A number of the expressions used in this subsection are defined in section 12A by reference to the Workplace Relations Act 1996 .
[7] Subsection 32C(7)
omit
515
insert
890
[8] Subsection 32N(1), at the foot
insert
Note An employer does not have to provide a standard choice form to an existing employee except in the specific circumstances outlined in this section. See also the further exceptions in section 32NA.
[9] After subsection 32NA(9)
insert
(10) An employer is not required under section 32N to give an employee a standard choice form if:
(a) the employee is covered by a notional agreement preserving State awards or a preserved State agreement; and
(b) before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005 , the employer was required, under a State law, to give the employee a notification that the employee can choose a superannuation fund; and
(c) the employer has given the notification mentioned in paragraph (b) to the employee.