Commonwealth Numbered Regulations

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WORKPLACE RELATIONS AMENDMENT (WORK CHOICES) (CONSEQUENTIAL AMENDMENTS) REGULATIONS 2006 (NO. 1) (SLI NO 50 OF 2006) - SCHEDULE 40

Amendments of Sex Discrimination Act 1984

(regulation 3)

   

[1]           Subsection 4(1), definition of Commonwealth law , paragraph (c)

substitute

                (c)    an order or award made under or pursuant to a law referred to in paragraph (a) or (b); or

               (d)    a decision of the Australian Fair Pay Commission (within the meaning of the Workplace Relations Act 1996 ).

[2]           Subsection 4(1), definition of registered organization

substitute

registered organization means:

                (a)    a registered organisation within the meaning of Schedule 1 to the Workplace Relations Act 1996 ; or

               (b)    a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996 .

[3]           Paragraph 40(1)(f)

substitute

                (f)    a decision of the Australian Fair Pay Commission (within the meaning of the Workplace Relations Act 1996 ); or

                (g)    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.

[4]           Section 109

omit

section 121

insert

section 116


 



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