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WORKPLACE RELATIONS ACT 1996 - SECT 898 Additional effect of Act--exclusion of Victorian laws

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 898

Additional effect of Act--exclusion of Victorian laws

             (1)  This Act is intended to apply to the exclusion of all the following laws of Victoria so far as they would otherwise apply in relation to an employee or employer:

                     (a)  a law of Victoria that applies to employment generally and relates to one or more of the following matters:

                              (i)  agreements about matters pertaining to the relationship between an employer or employers in Victoria and an employee or employees in Victoria;

                             (ii)  minimum terms and conditions of employment (other than minimum wages) for employees in Victoria;

                            (iii)  setting and adjusting of minimum wages for employees in Victoria within a work classification;

                            (iv)  termination, or proposed termination, of the employment of an employee in Victoria;

                             (v)  freedom of association;

                     (b)  a law of Victoria that is prescribed by regulations made for the purposes of this paragraph.

Victorian laws that are not excluded

             (2)  However, subsection (1) does not apply to a law of Victoria so far as:

                     (a)  the law deals with the prevention of discrimination and is neither a State or Territory industrial law nor contained in such a law; or

                     (b)  the law is prescribed by the regulations as a law to which subsection (1) does not apply.

Definitions

             (3)  In this section:

"freedom of association" has the same meaning as in subsection 4(6) of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.

"minimum terms and conditions of employment" has the same meaning as in subsection 4(4) of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.

"minimum wage" has the same meaning as in subsection 4(7) of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria.

"work classification" has the same meaning as in section 865.

Note:          See also clause 87 of Schedule 6 (common rules in Victoria), which has effect despite any other provision of this Act.