FAIR WORK ACT 1994 - SCHEDULE 2
FAIR WORK ACT 1994 - SCHEDULE 2
Schedule 2—Continuity of industrial arrangements—government
business enterprises
In this Schedule—
federal industrial instrument means any award, agreement determination, order
or other form of instrument that relates to 1 or more industrial matters under
the National Fair Work legislation, other than an Australian workplace
agreement, a pre-reform AWA or an Individual Transitional Employment
Agreement;
GBE means an agency or instrumentality of the Crown declared by proclamation
to be a government business enterprise for the purposes of this Schedule;
GBE employee means a person employed or appointed by a GBE;
National Fair Work legislation means—
(a) the
Commonwealth Act; or
(b) the
Fair Work (Transitional and Consequential Amendments) Act 2009 of the
Commonwealth;
relevant day means, in relation to each GBE, a day fixed by the Governor by
proclamation as being the relevant day for the purposes of the application of
this Schedule to the GBE.
2—Operation of federal industrial instruments
(1) A federal
industrial instrument that, on the relevant day in relation to a particular
GBE, relates (or purports to relate) to the GBE employees of that GBE (being a
federal industrial instrument in operation (or purportedly in operation)
immediately before the relevant day), will, on the relevant day, be taken to
be an award or enterprise agreement (as the case may require in order to
achieve the greatest degree of correspondence) under this Act (insofar as it
relates to those employees and any other relevant parties)—
(a) with
the same terms and provisions as the relevant instrument under the relevant
Act of the Commonwealth; but
(b)
subject to any modification or exclusion prescribed by regulations made for
the purposes of this subclause and subject to the operation of
subclauses (2), (3), (4) and (5).
(2) The regulations
may prescribe rules that are to be applied for the purposes of achieving the
greatest degree of correspondence envisaged by subclause (1).
(3) If an award or
enterprise agreement is taken to exist under this Act by virtue of the
operation of subclause (1)—
(a) the
award or enterprise agreement will be taken to be made or approved under this
Act on the relevant day; and
(b) this
Act will apply in relation to the award or enterprise agreement subject to
such modifications or exclusions as may be prescribed by regulations made for
the purposes of this subclause; and
(c) SAET
may, on application by the Minister, or on application by a person or body
recognised by regulations made for the purposes of this subclause, vary or
revoke any term or provision of the award or enterprise agreement if SAET is
satisfied that it is fair and reasonable to do so in the circumstances.
(4) SAET may, in
varying an award or enterprise agreement under subclause (3)(c) (after
taking into account what is fair and reasonable in the circumstances), confer
an exemption from the operation of any provision of this Act (being an
exemption that has effect subject to such conditions (if any) as SAET thinks
fit to impose).
(5) Despite a
preceding subclause, if an award or enterprise agreement taken to exist under
this clause would, but for this subclause, provide for remuneration or other
conditions of employment that are inferior to the standards that apply under
Chapter 3 Part 1 Division 2, the award or enterprise agreement will be taken
to be modified to the extent necessary to meet those standards.
(6) An award or
enterprise agreement taken to exist under this clause will, unless it has been
superseded or rescinded in the meantime, expire at the end of the period of
2 years from the relevant day.
3—Ability to carry over matters
SAET may, in connection with the operation of this Schedule, or any matter
arising, directly or indirectly, out of the operation of this Schedule—
(a)
accept, recognise, adopt or rely on any step taken under, or for the purposes
of, the National Fair Work legislation; and
(b)
accept or rely on any matter or thing (including in the nature of evidence
presented for the purposes of any proceedings) that has been presented, filed
or provided under, or for the purposes of, the National Fair Work legislation;
and
(c) give
effect in any other way to any other thing done under, or for the purposes of,
the National Fair Work legislation.