Victorian Consolidated Legislation

FAIR WORK (COMMONWEALTH POWERS) ACT 2009

No. 24 of 2009
Version as at 2 July 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement

   PART 2-REFERENCE OF MATTERS

   3.      Definitions
   4.      Reference of matters
   5.      Matters excluded from a reference
   6.      Termination of reference
   7.      Effect of termination of amendment reference or transition reference before initial reference

   PART 3-REPEAL OF THE COMMONWEALTH POWERS (INDUSTRIAL RELATIONS) ACT 1996.

   8.      Repeal of the Commonwealth Powers (Industrial Relations) Act 1996.

   PART 4-AMENDMENT OF THE LONG SERVICE LEAVE ACT 1992.

   9.      Definitions
   10.     Meaning of continuous employment
   11.     Contracting out prohibited
   12.     Reverse onus of proof in certain cases
   13.     Recovery of money owed

   PART 5-AMENDMENT OF THE PUBLIC SECTOR EMPLOYMENT (AWARD ENTITLEMENTS) ACT 2006.

   14.     Definitions
   15.     Preserved award
   16.     Preserved entitlements
   17.     Preservation of award conditions
   18.     Definitions

   PART 6-CONSEQUENTIAL AMENDMENTS TO OTHER
   ACTS

           Division 1-Amendments to the Outworkers (Improved
           Protection) Act 2003.

   19.     Definitions
   20.     Outworkers are employees for the purposes of certain laws
   21.     Effect of sections 5 to 10.
   22.     Operation of section 12.
   23.     Minimum conditions for outworkers
   24.     Effect of the mandatory code
   25.     Definitions and purpose of Division
   26.     Investigating suspected contraventions of Act
   27.     Discussions with outworkers
   28.     Consequential amendment of registered organisation
   29.     Consequential amendment of registered organisation
   30.     Consequential amendment of registered organisation
   31.     Prosecutions under Federal Awards (Uniform System) Act 2003.
   32.     Consequential amendment of registered organisation

           Division 2-Amendments to the Public Holidays Act 1993.

   33.     Holiday entitlements

           Division 3-Amendments to the Occupational Health and Safety Act 2004.

   34.     Definitions relating to registered employee organisations
   35.     Entry powers of authorised representatives

   PART 7-REPEAL OF OTHER ACTS AND PROVISIONS

   36.     Repeal of the Victorian Workers' Wages Protection Act 2007.
   37.     Repeal of provisions of the Public Administration Act 2004.
   38.     New section 117 inserted in the Public Administration Act 2004.
   39.     Repeal of provisions of the Parliamentary Administration Act 2005.
   40.     New section 36 inserted in the Parliamentary Administration Act 2005.

   PART 8-REPEAL OF CERTAIN PARTS OF THIS ACT

   41.     Repeal of Parts 4 to 7 and this Part
           __________________
           SCHEDULE-Text to be Included in the Provisions of the Commonwealth Fair Work Act

           Division 2A-Application of this Act in a referring State
           30A. Meaning of terms used in this Division
           30B. Meaning of referring State
           30C. Extended meaning of national system employee
           30D. Extended meaning of national system employer
           30E. Extended ordinary meanings of employee and employer
           30F. Extended meaning of outworker entity
           30G. General protections
           30H. Division only has effect if supported by reference
           30J. Application of the Acts Interpretation Act 1901.
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details