Victorian Consolidated Legislation

Fair Work (Commonwealth Powers) Act 2009 - SECT 4

Reference of matters

4. Reference of matters



(1) Subject to section 5, 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 provisions set out in the scheduled text in the
        Commonwealth Fair Work Act, as originally enacted, in the terms, or
        substantially in the terms, set out in the scheduled text;

   (b)  the referred subject matters, but only to the extent of making laws
        with respect to any such matter by making express amendments of the
        Commonwealth Fair Work Act;

   (c)  the referred transition matters.

(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 6 as the day on which
        the reference is to terminate-

but no longer.