Commonwealth Numbered Regulations

WORKPLACE RELATIONS AMENDMENT (WORK CHOICES) (CONSEQUENTIAL AMENDMENTS) REGULATIONS 2006 (NO. 1) (SLI NO 50 OF 2006) - SCHEDULE 30

(regulation 3)

[1]           Subsection 39(8), including the subheading

substitute

Workplace relations

         (8)   This Part does not make unlawful anything done by a person in direct compliance with any of the following:

                (a)    an order, decision or award of a court or tribunal having power to fix minimum wages;

               (b)    any of the following instruments (an industrial instrument ) within the meaning given by the Workplace Relations Act 1996 :

                          (i)    an award or a variation or order affecting an award;

                         (ii)    a transitional award or a variation or order affecting a transitional award;

                         (iii)    a pre‑reform certified agreement;

                        (iv)    a notional agreement preserving State awards.

Note    A person does not comply with an industrial instrument for the purpose of subsection (1) if that person purports to comply with a provision of that instrument that is void (for example, a term of a pre‑reform certified agreement is void to the extent that it contains prohibited content prescribed for section 356 of the Workplace Relations Act 1996 : see section 358 of that Act). Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.