WORKPLACE RELATIONS ACT 1996 - SECT 861 Additional effect of Act--Australian Fair Pay and Conditions Standard

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 861

             (1)  Without affecting its operation apart from this section, Part 7 also has effect in relation to the employment of any employee in Victoria, and for this purpose:

                     (a)  each reference in that Part to an employer (within the meaning of that Part) is to be read as a reference to an employer (within the meaning of this Division) in Victoria; and

                     (b)  each reference in that Part to an employee (within the meaning of that Part) is to be read as a reference to an employee (within the meaning of this Division) in Victoria; and

                     (c)  each reference in that Part to employment (within the meaning of that Part) is to be read as a reference to the employment of an employee (within the meaning of this Division) in Victoria; and

                    (ca)  Division 2 of Part 7 has effect as if the definition of APCS in section 178 were modified by omitting "or a new APCS"; and

                     (d)  Division 2 of Part 7 has effect as if the following provisions had not been enacted:

                              (i)  Subdivisions E, F, G, L and M of that Division;

                             (ii)  sections 205, 207 and 216;

                            (iii)  subsections 182(3) and (4);

                            (iv)  item 3 of the table in subsection 185(3); and

                     (e)  Division 2 of Part 7 has effect as if an order that was in force under repealed section 501 or 501A on the reform comparison day (within the meaning of that Division) were a pre‑reform federal wage instrument (within the meaning of that Division); and

                      (f)  section 175 has effect as if Part 13 had been modified in a corresponding way to the way in which Part 7 is modified by paragraphs (a), (b) and (c); and

                     (g)  Part 7 has effect as if Division 6 of that Part had not been enacted.

             (2)  Subsection (1) has effect subject to:

                     (a)  sections 864, 865, 866, 867 and 896; and

                     (b)  clause 30 of Schedule 7.

             (3)  The repeal of sections 501 and 501A by the Workplace Relations Amendment (Work Choices) Act 2005 does not affect the continuity of an APCS (within the meaning of Part 7) derived from an order under either of those sections.