Commonwealth Numbered Regulations

WORKPLACE RELATIONS AMENDMENT (WORK CHOICES) (CONSEQUENTIAL AMENDMENTS) REGULATIONS 2006 (NO. 1) (SLI NO 50 OF 2006) - SCHEDULE 3

(regulation 3)

[1]           Section 4

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In this Act,

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         (1)   In this Act,

[2]           Section 4, after definition of AIRC

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"Australian Fair Pay and Conditions Standard" has the meaning given by the Workplace Relations Act.

[3]           Section 4, definition of AWA , note

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[4]           Section 4, definition of award

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section 4 of

[5]           Section 4, definition of building certified agreement

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"building collective agreement" means a collective agreement that applies to building work (whether or not it also applies to other work).

[6]           Section 4, definition of certified agreement , including the note

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"collective agreement" has the meaning given by the Workplace Relations Act.

[7]           Section 4, definition of Commonwealth industrial instrument

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Commonwealth industrial instrument means any of the following:

                (a)    an award or transitional award;

               (b)    a collective agreement or pre‑reform certified agreement;

                (c)    an order of the AIRC;

               (d)    the Australian Fair Pay and Conditions Standard.

[8]           Section 4, definition of employee

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[9]           Section 4, definition of employer

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[10]         Section 4, definition of industrial dispute

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section 4 of the Workplace Relations Act (as affected by Part XV of that Act).

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Schedule 6 to the Workplace Relations Act.

[11]         Section 4, definition of negotiating party

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Division 8 of Part VIB of the Workplace Relations Act.

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Part 9 of the Workplace Relations Act.

[12]         Section 4, definition of organisation

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section 4 of

[13]         Section 4, after definition of premises

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"pre-reform certified agreement" has the meaning given by the Workplace Relations Act.

[14]         Section 4, after definition of Secretary

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"transitional award" has the meaning given by the Workplace Relations Act.

[15]         Section 4, after definition of unlawful industrial action

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"workplace agreement" has the meaning given by the Workplace Relations Act.

[16]         Section 4

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         (2)   In this Act, unless the contrary intention appears:

                (a)    a reference to employee has its ordinary meaning; and

               (b)    a reference to employee with its ordinary meaning includes a reference to an individual who is usually an employee with that meaning; and

                (c)    a reference to employee with its ordinary meaning does not include a reference to an individual on a vocational placement; and

               (d)    a reference to employer has its ordinary meaning; and

                (e)    a reference to employer with its ordinary meaning includes a reference to a person or entity that is usually an employer with that meaning.

[17]         Subparagraph 10(b)(i)

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                          (i)    this Act, the Workplace Relations Act or a Commonwealth industrial instrument; and

[18]         Subsection 36(1), definition of constitutionally‑connected action , paragraphs (d) and (e)

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               (d)    the action relates to work that is regulated by a Commonwealth industrial instrument;

                (e)    the action relates to the negotiation, proposed negotiation, or making or proposed making, (as relevant), of a collective agreement under Division 2 of Part 8 of the Workplace Relations Act;

[19]         Subsection 36(1), definition of excluded action

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"excluded action" means building industrial action that is protected action for the purposes of the Workplace Relations Act (as affected by Part 3 of this Chapter).

[20]         After subparagraph 45(1)(a)(ii)

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                         (iii)    a particular preserved Australian Pay and Classification Scale; or

                        (iv)    the Australian Fair Pay and Conditions Standard; or

[21]         Subparagraph 45(1)(b)(ii)

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particular person.

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particular person; or

[22]         After subparagraph 45(1)(b)(ii)

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                         (iii)    a particular preserved Australian Pay and Classification Scale; or

                        (iv)    the Australian Fair Pay and Conditions Standard.

[23]         Subsection 45(1), after the note

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Example for subparagraphs (1)(a)(ii) and (1)(b)(ii)

A person contravenes the subparagraph if he or she discriminates against another person on the basis that the other person is, or is not, regulated by the Australian Fair Pay and Conditions Standard only under the WR Act, and not under any workplace agreement or award.

[24]         Paragraph 45(4)(a)

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                (a)    the industrial instrument referred to in that section is an award, transitional award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA; or

[25]         Section 47

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47             Unfair contracts with building contractors

                Sections 832, 833 and 834 of the Workplace Relations Act apply in relation to a contract for the performance of building work as if references in sections 832 and 833 of that Act to the Federal Court included references to the Federal Magistrates Court.

[26]         Paragraph 64(1)(d)

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is not certified

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or is not lodged in accordance with Division 5 of Part 8 of the Workplace Relations Act

[27]         Subsection 73(4), including the subheading, and subsection 73(5)

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Power to apply under subsection 744(1), 769(1), 770(2) or 771(4) or section 807 of the Workplace Relations Act

         (4)   The ABC Commissioner or an ABC Inspector may make an application under subsection 744(1), 769(1), 770(2) or 771(4), or section 807 , of the Workplace Relations Act in any case where the application relates to a matter that involves:

                (a)    a building industry participant; or

               (b)    building work.

         (5)   Subsection (4) does not, by implication, limit the persons who may make an application under subsection 744(1), 769(1), 770(2) or 771(4), or section 807, of the Workplace Relations Act.

[28]         Further amendments

                The Act is amended as set out in the Table.