(1) Subject to the other provisions of this Act, the following matters are
referred to the Parliament of the Commonwealth:
(a) the matters to which the
initial referred provisions relate, but only to the extent of the making of
laws with respect to those matters by including the
initial referred provisions in the Commonwealth Fair Work Act, as originally
enacted, and as subsequently amended by amendments enacted at any time before
this Act commences, in the terms, or substantially in the terms, set out in
the scheduled text,
(2) The
reference of a matter under subsection (1) has effect only:
(a) if and to the
extent that the matter is not included in the legislative powers of the
Parliament of the Commonwealth (otherwise than by a reference for the purposes
of section 51 (xxxvii) of the Constitution of the Commonwealth ), and
(b) if
and to the extent that the matter is included in the legislative powers of the
Parliament of the State.
(3) The operation of each paragraph of subsection
(1) is not affected by any other paragraph.
(4) For the avoidance of doubt,
it is the intention of the Parliament of the State that the Commonwealth
Fair Work Act may be expressly amended, or have its operation otherwise
affected, at any time after the commencement of this Act by provisions of
Commonwealth Acts whose operation is based on legislative powers that the
Parliament of the Commonwealth has apart from under the references under
subsection (1).
(5) Despite any other provision of this section, a reference
under subsection (1) has effect for a period:
(a) beginning when this section
commences, and
(b) ending at the end of the day fixed under section 7 as the
day on which the reference is to terminate,