Fair Work (Commonwealth Powers) Act 2009
i
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—REFERENCE OF MATTERS 3
3 Definitions 3
4 Reference of matters 10
5 Matters excluded from a reference 11
6 Termination of reference 15
7 Effect of termination of amendment reference or transition
reference before initial reference 15
PART 3—REPEAL OF THE COMMONWEALTH POWERS
(INDUSTRIAL RELATIONS) ACT 1996 17
8 Repeal of the Commonwealth Powers (Industrial Relations)
Act 1996 17
PART 4—AMENDMENT OF THE LONG SERVICE LEAVE
ACT 1992 18
9 Definitions 18
10 Meaning of continuous employment 21
11 Contracting out prohibited 22
12 Reverse onus of proof in certain cases 22
13 Recovery of money owed 22
PART 5—AMENDMENT OF THE PUBLIC SECTOR
EMPLOYMENT (AWARD ENTITLEMENTS) ACT 2006 24
14 Definitions 24
15 Preserved award 25
16 Preserved entitlements 25
17 Preservation of award conditions 25
18 Definitions 26
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Section Page
ii
PART 6—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS 27
Division 1—Amendments to the Outworkers (Improved
Protection) Act 2003 27
19 Definitions 27
20 Outworkers are employees for the purposes of certain laws 29
21 Effect of sections 5 to 10 29
22 Operation of section 12 29
23 Minimum conditions for outworkers 29
24 Effect of the mandatory code 30
25 Definitions and purpose of Division 30
26 Investigating suspected contraventions of Act 31
27 Discussions with outworkers 31
28 Consequential amendment of registered organisation 31
29 Consequential amendment of registered organisation 31
30 Consequential amendment of registered organisation 31
31 Prosecutions under Federal Awards (Uniform System)
Act 2003 32
32 Consequential amendment of registered organisation 32
Division 2—Amendments to the Public Holidays Act 1993 32
33 Holiday entitlements 32
Division 3—Amendments to the Occupational Health and Safety
Act 2004 33
34 Definitions relating to registered employee organisations 33
35 Entry powers of authorised representatives 34
PART 7—REPEAL OF OTHER ACTS AND PROVISIONS 36
36 Repeal of the Victorian Workers' Wages Protection
Act 2007 36
37 Repeal of provisions of the Public Administration Act 2004 36
38 New section 117 inserted in the Public Administration
Act 2004 37
117 Transitional provision—repeal of Subdivision 5A of
Division 2 of Part 4 37
39 Repeal of provisions of the Parliamentary Administration
Act 2005 37
40 New section 36 inserted in the Parliamentary Administration
Act 2005 37
36 Transitional provision—repeal of Division 7 of Part 3 37
PART 8—REPEAL OF CERTAIN PARTS OF THIS ACT 38
41 Repeal of Parts 4 to 7 and this Part 38
__________________
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Section Page
iii
SCHEDULE—Text to be Included in the Provisions of the
Commonwealth Fair Work Act 39
Division 2A—Application of this Act in a referring State 39
30A Meaning of terms used in this Division 39
30B Meaning of referring State 42
30C Extended meaning of national system employee 44
30D Extended meaning of national system employer 45
30E Extended ordinary meanings of employee and employer 45
30F Extended meaning of outworker entity 46
30G General protections 47
30H Division only has effect if supported by reference 47
30J Application of the Acts Interpretation Act 1901 47
═══════════════
ENDNOTES 48
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1
Fair Work (Commonwealth Powers)
Act 2009 †
No. 24 of 2009
[Assented to 17 June 2009]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The purposes of this Act are—
(a) to refer certain matters relating to workplace
relations to the Commonwealth Parliament
for the purposes of section 51(xxxvii) of the
Constitution of the Commonwealth; and
Victoria
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Part 1—Preliminary
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2
(b) to repeal the Commonwealth Powers
(Industrial Relations) Act 1996 and the
Victorian Workers' Wages Protection Act
2007; and
(c) to consequentially amend the Long Service
Leave Act 1992, the Public Sector
Employment (Award Entitlements) Act
2006, the Outworkers (Improved
Protection) Act 2003, the Public Holidays
Act 1993, the Occupational Health and
Safety Act 2004, the Public Administration
Act 2004 and the Parliamentary
Administration Act 2005.
2 Commencement
(1) This Part and Part 2 come into operation on the
day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
__________________
s. 2
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Part 2—Reference of Matters
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PART 2—REFERENCE OF MATTERS
3 Definitions
(1) In this Part—
amendment reference means the reference under
section 4(1)(b);
Commonwealth Fair Work Act means the Fair
Work Act 2009 of the Commonwealth;
essential services means any of the following—
(a) any matter in respect of which a
proclamation has been made under
Part 6 of the Electricity Industry Act
2000;
(b) any matter in respect of which a
proclamation has been made under
Part 9 of the Gas Industry Act 2001;
(c) any vital State project that is declared
to be so under the Vital State Projects
Act 1976;
(d) any vital industry that is declared to be
so under the Vital State Industries
(Works and Services) Act 1992;
excluded subject matter means—
(a) a State subject matter; or
(b) rights or remedies incidental to a matter
referred to in paragraph (a)—
except to the extent that the Commonwealth
Fair Work Act as originally enacted so deals
with the matter (directly or indirectly), or
requires or permits instruments made or
given effect under the Commonwealth Fair
Work Act so to deal with the matter;
s. 3
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express amendment of the Commonwealth Fair
Work Act means the direct amendment of
the text of that Act (whether by the insertion,
omission, repeal, substitution or relocation of
words or matter) but does not include the
enactment by a Commonwealth Act of a
provision that has or will have substantive
effect otherwise than as part of the text of the
Commonwealth Fair Work Act;
initial reference means the reference under
section 4(1)(a);
initial referred provisions means the scheduled
text, to the extent to which that text deals
with matters that are included in the
legislative powers of the Parliament of the
State;
law enforcement officer means any of the
following—
(a) a member of the force within the
meaning of the Police Regulation Act
1958;
(b) a police reservist appointed under
Part VI of the Police Regulation Act
1958;
(c) a protective services officer appointed
under Part VIA of the Police
Regulation Act 1958;
(d) a police recruit appointed under
section 8A of the Police Regulation
Act 1958;
public sector has the meaning in the Public
Administration Act 2004 and, in addition,
includes any person in the service of the
State;
s. 3
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public sector body has the same meaning as in the
Public Administration Act 2004;
reference means—
(a) the initial reference; or
(b) the amendment reference; or
(c) the transition reference;
referred subject matters means any of the
following—
(a) terms and conditions of employment
including any of the following—
(i) minimum terms and conditions of
employment (including
employment standards and
minimum wages);
(ii) terms and conditions of
employment contained in
instruments (including
instruments such as awards,
determinations and
enterprise-level agreements);
(iii) bargaining in relation to terms and
conditions of employment;
(iv) the effect of transfer of business
on terms and conditions of
employment;
(b) terms and conditions under which an
outworker entity may arrange for work
to be performed for the entity (directly
or indirectly), if the work is of a kind
that is often performed by outworkers;
(c) rights and responsibilities of
employees, employers, independent
contractors, outworkers, outworker
entities, associations of employees or
s. 3
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associations of employers, being rights
and responsibilities relating to any of
the following—
(i) freedom of association and related
protections;
(ii) protection from discrimination
relating to employment;
(iii) termination of employment;
(iv) industrial action;
(v) protection from payment of fees
for services related to bargaining;
(vi) sham independent contractor
arrangements;
(vii) standing down employees without
pay;
(viii) rights of entry and rights of access
to records;
(d) compliance with, and enforcement of,
the Commonwealth Fair Work Act;
(e) the administration of the
Commonwealth Fair Work Act;
(f) the application of the Commonwealth
Fair Work Act;
(g) matters incidental or ancillary to the
operation of the Commonwealth Fair
Work Act or of instruments made or
given effect under the Commonwealth
Fair Work Act—
but does not include any excluded subject
matter;
s. 3
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referred transition matters means the matters of
the making of laws with respect to the
transition from the regime provided for by—
(a) the Workplace Relations Act 1996 of
the Commonwealth; or
(b) a law of this State relating to workplace
relations—
to the regime provided for by the
Commonwealth Fair Work Act;
scheduled text means the text set out in the
Schedule;
State subject matters means the following subject
matters—
(a) a matter dealt with in the Equal
Opportunity Act 1995;
(b) superannuation;
(c) workers compensation;
(d) occupational health and safety;
(e) matters relating to outworkers (within
the ordinary meaning of the term);
(f) child labour;
(g) training arrangements, except in
relation to terms and conditions of
employment to the extent that those
terms and conditions are provided for
by the National Employment Standards
or may be included in a modern award;
(h) long service leave, except in relation to
an employee who is entitled under
Division 9 of Part 2-2 of the
Commonwealth Fair Work Act to long
service leave;
(i) leave for victims of crime;
s. 3
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(j) attendance for service on a jury, or for
emergency service duties;
(k) declaration, prescription or substitution
of public holidays, except in relation to
the rights and obligations of an
employee or employer in relation to
public holidays;
(l) the following matters relating to the
provision of essential services or to
situations of emergency—
(i) directions to perform work
(including to perform work at a
particular time or place, or in a
particular way);
(ii) directions not to perform work
(including not to perform work at
a particular time or place, or in a
particular way);
(m) regulation of any of the following—
(i) employee associations;
(ii) employer associations;
(iii) members of employee
associations or employer
associations;
(n) workplace surveillance;
(o) business trading hours;
(p) claims for enforcement of contracts of
employment, except so far as a law of
the State provides for the variation or
setting aside of rights and obligations
arising under a contract of employment,
or another arrangement for
employment, that a court or tribunal
finds is unfair;
s. 3
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state of emergency means—
(a) any state of emergency or emergency
situation that is declared under an Act
and includes any of the following—
(i) a state of emergency declared
under the Essential Services Act
1958;
(ii) a state of emergency declared
under the Public Safety
Preservation Act 1958;
(iii) a proclamation under the Fuel
Emergency Act 1977 declaring
that a state of emergency exists in
relation to fuel;
(b) any declaration or proclamation under
the Public Administration Act 2004
that authorises a public sector body
Head to take any of the following
actions—
(i) assign any duties to an employee;
(ii) require an employee to perform
duties with another public sector
body;
(iii) require an employee to perform
duties at a place other than the
employee's usual place of work;
(iv) direct an employee not to attend
for duty;
(c) any other similar declaration or
proclamation;
transition reference means the reference under
section 4(1)(c).
s. 3
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(2) For the purpose of a reference of matters under
this Act—
(a) the Chief Commissioner of Police under the
Police Regulation Act 1958 is taken to be
the employer of any law enforcement officer;
and
(b) any law enforcement officer is taken to be an
employee in the public sector.
(3) Words or phrases in the definition of State subject
matters that are defined in the Commonwealth
Fair Work Act have the meaning that is set out in
that Act.
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
s. 4
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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.
5 Matters excluded from a reference
(1) A matter referred by section 4(1) does not
include—
(a) matters pertaining to the number, identity or
appointment (other than terms and conditions
of appointment) of employees in the public
sector who are not law enforcement officers;
s. 5
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(b) matters pertaining to the number or identity
of employees in the public sector dismissed
or to be dismissed on grounds of
redundancy;
(c) matters pertaining to Ministers, members of
the Parliament, judicial officers or members
of administrative tribunals;
(d) matters pertaining to persons holding office
in the public sector to which the right to
appoint is vested in the Governor in Council
or a Minister (including the Premier);
(e) matters pertaining to persons employed as
executives within the meaning of the Public
Administration Act 2004 or persons
employed at higher managerial levels in the
public sector;
(f) matters pertaining to persons employed as
Ministerial officers under Part 6 of the
Public Administration Act 2004;
(g) matters pertaining to persons holding office
as Parliamentary officers (but not persons
employed as Parliamentary officers under
Division 3 of Part 3 of the Parliamentary
Administration Act 2005) or persons
employed as Department Heads within the
meaning of the Parliamentary
Administration Act 2005, including the
Secretary of the Department of
Parliamentary Services;
(h) matters pertaining to—
(i) the transfer of employees between
public sector bodies; or
s. 5
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(ii) the redundancy of employees of a
public sector body—
as a result of a restructure by or under an
Act;
(i) the following matters relating to provision of
essential services or to a state of
emergency—
(i) directions to employees of a public
sector body to perform work (including
to perform work at a particular time or
place, or in a particular way), being
directions that are given under the Act
under which the relevant proclamation
or declaration is made;
(ii) directions to employees of a public
sector body not to perform work
(including not to perform work at a
particular time or place, or in a
particular way), being directions that
are given under the Act under which
the relevant proclamation or declaration
is made;
(j) matters that would allow or require a public
sector employer within the meaning of the
Public Sector Employment (Award
Entitlements) Act 2006 to provide a term or
condition of employment in breach of
section 10 of that Act;
(k) matters that would allow or require a public
sector employer within the meaning of the
Public Sector Employment (Award
Entitlements) Act 2006 to offer an
employee within the meaning of that Act, or
to accept an offer from an employee of, a
statutory industrial agreement within the
meaning of that Act that provides any terms
s. 5
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14
or conditions of employment that are
materially different from the terms and
conditions of employment that would
otherwise apply to the employee in
employment with the employer under a
collective agreement or that would apply to
the employee under the terms of a relevant
award or a designated preserved award
within the meaning of that Act.
(2) In addition to the matters set out in subsection (1),
a matter referred by section 4(1) does not
include—
(a) matters pertaining to the number, identity or
appointment (including terms and conditions
of appointment, to the extent provided for in
paragraph (b)) of law enforcement officers;
(b) matters pertaining to probation, promotion,
transfer from place to place or position to
position, physical or mental fitness, uniform,
equipment, discipline or termination of
employment of law enforcement officers
except—
(i) matters pertaining to the payment of
allowances and reimbursement of
expenses and pertaining to notice of
termination of employment and
payment in lieu of notice of termination
of employment; and
(ii) to the extent that Divisions 1 and 2 of
Part 6-4 of the Commonwealth Fair
Work Act, as originally enacted, deal
with the matters.
s. 5
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6 Termination of reference
(1) The Governor in Council may, at any time, by
proclamation published in the Government
Gazette, fix a day as the day on which—
(a) the references are to terminate; or
(b) the amendment reference is to terminate; or
(c) the transition reference is to terminate.
(2) The Governor in Council may, by proclamation
published in the Government Gazette, revoke a
proclamation published under subsection (1), in
which case the revoked proclamation is taken
(for the purposes of section 4) never to have been
published.
(3) A revoking proclamation has effect only if
published before the day fixed under
subsection (1).
(4) The revocation of a proclamation published under
subsection (1) does not prevent publication of a
further proclamation under that subsection.
7 Effect of termination of amendment reference or
transition reference before initial reference
(1) If the amendment reference or the transition
reference terminates before the initial reference,
the termination of the amendment reference or
transition reference does not affect—
(a) laws that were made under that reference
before that termination (whether or not they
have come into operation before that
termination); or
(b) the continued operation in the State of the
Commonwealth Fair Work Act as in
operation immediately before that
termination or as subsequently amended or
affected by—
s. 6
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(i) laws referred to in paragraph (a) that
come into operation after that
termination; or
(ii) provisions referred to in section 4(4).
(2) Accordingly, the amendment reference or
transition reference continues to have effect for
the purposes of subsection (1) unless the initial
reference is terminated.
(3) Subsection (1) does not apply to or in relation to
an amendment of the Commonwealth Fair Work
Act that is excluded from the operation of this
section by the proclamation that terminates the
reference.
__________________
s. 7
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Part 3—Repeal of the Commonwealth Powers (Industrial Relations) Act
1996
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
17
PART 3—REPEAL OF THE COMMONWEALTH POWERS
(INDUSTRIAL RELATIONS) ACT 1996
8 Repeal of the Commonwealth Powers (Industrial
Relations) Act 1996
The Commonwealth Powers (Industrial
Relations) Act 1996 is repealed.
__________________
See:
Act No.
59/1996
and
amending
Act Nos
18/2003,
15/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
s. 8
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Part 4—Amendment of the Long Service Leave Act 1992
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
18
PART 4—AMENDMENT OF THE LONG SERVICE LEAVE
ACT 1992
9 Definitions
In section 4 of the Long Service Leave Act
1992—
(a) for the definition of employment agreement
substitute—
"employment agreement means the
agreement (whether written or oral)
under which an employee is employed
and includes—
(a) a federal agreement;
(b) any terms and conditions of
employment to which an
employee is entitled under—
(i) any federal award;
(ii) any federal determination;
(iii) any federal wage setting
instrument;";
(b) for the definition of organisation
substitute—
"organisation means—
(a) an organisation of employees;
(b) an association of employees that is
registered or recognised as a trade
union (however described) under
the law of a State or a Territory of
the Commonwealth;
(c) an association of employees, a
principal purpose of which is the
protection and promotion of the
s. 9
See:
Act No.
83/1992.
Reprint No. 3
as at
16 February
2006
and
amending
Act Nos
29/2006 and
56/2006.
LawToday:
www.
legislation.
vic.gov.au
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Part 4—Amendment of the Long Service Leave Act 1992
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employees' interests in matters
concerning their employment;";
(c) insert the following definitions—
"Commonwealth Fair Work Act means the
Fair Work Act 2009 of the
Commonwealth;
Fair Work Transition Act means the Fair
Work (Transitional Provisions and
Consequential Amendments) Act 2009
of the Commonwealth;
federal agreement means—
(a) a certified agreement or an
Australian Workplace Agreement
made under the Workplace
Relations Act 1996 of the
Commonwealth, as in force
immediately before 27 March
2006; or
(b) a workplace agreement within the
meaning of the Workplace
Relations Act 1996 of the
Commonwealth (as in force before
the WR Act repeal day);
(c) any—
(i) pre-reform certified
agreement; or
(ii) Australian Workplace
Agreement; or
(iii) pre-reform Australian
Workplace Agreement; or
(iv) workplace agreement; or
s. 9
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Part 4—Amendment of the Long Service Leave Act 1992
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(v) Individual Transitional
Employment Agreement—
that is a transitional instrument
that continues in existence or is
made under the Fair Work
Transition Act;
(d) any enterprise agreement within
the meaning of the
Commonwealth Fair Work Act;
federal award means—
(a) an award made under the
Workplace Relations Act 1996 of
the Commonwealth (as in force
before the WR Act repeal day);
(b) an award that is a transitional
instrument that continues in
existence under the Fair Work
Transition Act;
(c) a transitional award or common
rule that continues in existence
under the Fair Work Transition
Act;
(d) any other award-based transitional
instrument under the Fair Work
Transition Act;
(e) any award, that is taken to be a
modern award under the Fair
Work Transition Act;
(f) any other modern award, within
the meaning of the
Commonwealth Fair Work Act;
s. 9
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federal determination means—
(a) any workplace determination that
continues in existence under the
Fair Work Transition Act;
(b) any workplace determination
within the meaning of the
Commonwealth Fair Work Act;
federal wage setting instrument means—
(a) any transitional minimum wage
instrument that continues in
existence under the Fair Work
Transition Act;
(b) any national minimum wage order
within the meaning of the
Commonwealth Fair Work Act;
WR Act repeal day has the same meaning as
in the Fair Work Transition Act.".
10 Meaning of continuous employment
For section 62(2)(ca) of the Long Service Leave
Act 1992 substitute—
"(ca) the taking of any period of adoption,
maternity or paternity leave (paid or unpaid),
not exceeding—
(i) 12 months; or
(ii) any longer period—
(A) specified in the employee's
employment agreement; or
(B) to which the employee is entitled
under Division 6 of Part 7 of the
Workplace Relations Act 1996 of
the Commonwealth, as continued
in force under the Fair Work
Transition Act; or
s. 10
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(C) to which the employee is entitled
under the National Employment
Standards within the meaning of
the Commonwealth Fair Work
Act;".
11 Contracting out prohibited
For section 79(3) of the Long Service Leave Act
1992 substitute—
"(3) In this section, employment agreement does
not include—
(a) a workplace agreement to which
paragraph (c) of the definition of
federal agreement applies;
(b) any terms and conditions of
employment to which an employee is
entitled under an award to which
paragraph (b), (c) or (d) of the
definition of federal award applies.".
12 Reverse onus of proof in certain cases
For section 159(2) of the Long Service Leave
Act 1992 substitute—
"(2) In this section, employment agreement does
not include—
(a) a federal agreement; or
(b) any terms and conditions of
employment to which an employee is
entitled under—
(i) a federal award; or
(ii) a federal determination.".
13 Recovery of money owed
(1) In section 160(2) of the Long Service Leave Act
1992, for "A registered organisation" substitute
"An organisation".
s. 11
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(2) In section 160(8) of the Long Service Leave Act
1992—
(a) for the definition of employment agreement
substitute—
"employment agreement does not include—
(a) a federal agreement; or
(b) terms and conditions of
employment to which an
employee is entitled under—
(i) a federal award; or
(ii) a federal determination;";
(b) for the definition of registered organisation
substitute—
"organisation has the same meaning as in
the Commonwealth Fair Work Act.".
__________________
s. 13
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Part 5—Amendment of the Public Sector Employment (Award Entitlements)
Act 2006
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
24
PART 5—AMENDMENT OF THE PUBLIC SECTOR
EMPLOYMENT (AWARD ENTITLEMENTS) ACT 2006
14 Definitions
In section 3(1) of the Public Sector Employment
(Award Entitlements) Act 2006—
(a) insert the following definitions—
"Commonwealth Fair Work Act means the
Fair Work Act 2009 of the
Commonwealth as in force from time to
time;
Fair Work Australia has the same meaning
as it has in the Commonwealth Fair
Work Act;
Fair Work Transition Act means the Fair
Work (Transitional Provisions and
Consequential Amendments) Act 2009
of the Commonwealth;";
(b) in the definition of Commonwealth Act, for
"from time to time" substitute "as in force
before the WR Act repeal day (within the
meaning of the Fair Work Transition Act)";
(c) in the definition of workplace agreement,
after "Commonwealth Act" insert "and
includes any workplace agreement that is the
subject of a transitional arrangement under
the Fair Work Transition Act";
(d) in the definition of workplace
determination, after "Commonwealth Act"
insert "and includes any workplace
determination that is the subject of a
transitional arrangement under the Fair Work
Transition Act".
s. 14
See:
Act No.
15/2006
and
amending
Act Nos
80/2006 and
27/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 27 of 51 --
Part 5—Amendment of the Public Sector Employment (Award Entitlements)
Act 2006
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
25
15 Preserved award
(1) In section 5(2)(b) of the Public Sector
Employment (Award Entitlements) Act 2006,
for "Commission." substitute "Commission;".
(2) After section 5(2)(b) of the Public Sector
Employment (Award Entitlements) Act 2006
insert—
"(c) an order or determination of Fair Work
Australia made under the Commonwealth
Fair Work Act or the Fair Work Transition
Act.".
16 Preserved entitlements
In section 9 of the Public Sector Employment
(Award Entitlements) Act 2006, for "Act."
substitute "Act, or continued in force under a
transitional arrangement under the Fair Work
Transition Act.".
17 Preservation of award conditions
(1) In section 10(2)(b) of the Public Sector
Employment (Award Entitlements) Act 2006,
for "operation." substitute "operation; or".
(2) After section 10(2)(b) of the Public Sector
Employment (Award Entitlements) Act 2006
insert—
"(c) if an enterprise agreement made under the
Commonwealth Fair Work Act applies to the
public sector employer and employee; or
(d) to the extent that it is inconsistent with a
workplace determination (within the
meaning of the Commonwealth Fair Work
Act); or
s. 15
-- 28 of 51 --
Part 5—Amendment of the Public Sector Employment (Award Entitlements)
Act 2006
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
26
(e) if the public sector employer and the
employee are covered by a modern award
within the meaning of the Commonwealth
Fair Work Act.".
18 Definitions
(1) In section 15A of the Public Sector Employment
(Award Entitlements) Act 2006, in the definition
of collective agreement, after paragraph (b)
insert—
"(c) an enterprise agreement made under the
Commonwealth Fair Work Act;".
(2) In section 15A of the Public Sector Employment
(Award Entitlements) Act 2006, in the definition
of statutory industrial agreement, for "collective
agreement." substitute "collective agreement or
an individual flexibility arrangement made under
the Commonwealth Fair Work Act.".
__________________
s. 18
-- 29 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
27
PART 6—CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
Division 1—Amendments to the Outworkers (Improved
Protection) Act 2003
19 Definitions
(1) In section 3 of the Outworkers (Improved
Protection) Act 2003—
(a) for the definition of Australian Fair Pay
and Conditions Standard substitute—
"Australian Fair Pay and Conditions
Standard means the Australian Fair
Pay and Conditions Standard that
continues in existence under the Fair
Work Transition Act;";
(b) the definition of common rule order is
repealed;
(c) the definition of Commonwealth Act is
repealed;
(d) for the definition of federal award
substitute—
"federal award means—
(a) an award that is a transitional
instrument that continues in
existence under the Fair Work
Transition Act;
(b) a transitional award or common
rule that continues in existence
under the Fair Work Transition
Act;
(c) any other award-based transitional
instrument under the Fair Work
Transition Act;
s. 19
See:
Act No.
22/2003.
Reprint No. 1
as at
26 September
2007
and
amending
Act Nos
40/2007,
71/2007 and
4/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 30 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
28
(d) any award that is taken to be a
modern award under the Fair
Work Transition Act;
(e) any other modern award, within
the meaning of the
Commonwealth Fair Work Act;";
(e) in the definition of interested organisation,
for "an organisation that is not a registered
organisation but" substitute "an organisation
(other than within the meaning in this Act)";
(f) in the definition of outwork document omit
"or a common rule order";
(g) the definition of registered organisation is
repealed.
(2) In section 3 of the Outworkers (Improved
Protection) Act 2003 insert the following
definitions—
"Commonwealth Fair Work Act means the Fair
Work Act 2009 of the Commonwealth;
Fair Work Transition Act means the Fair Work
(Transitional Provisions and Consequential
Amendments) Act 2009 of the
Commonwealth;
National Employment Standards has the same
meaning as in the Commonwealth Fair Work
Act;
organisation has the same meaning as in the
Commonwealth Fair Work Act;
payment of wages provisions means Division 2 of
Part 2-9 of the Commonwealth Fair Work
Act;".
s. 19
-- 31 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
29
20 Outworkers are employees for the purposes of
certain laws
(1) Section 4(2)(b) of the Outworkers (Improved
Protection) Act 2003 is repealed.
(2) Section 4(2)(ea) of the Outworkers (Improved
Protection) Act 2003 is repealed.
(3) In section 4(2)(f) of the Outworkers (Improved
Protection) Act 2003—
(a) omit "(including common rule orders)";
(b) for "(a), (b), (c), (d), (e) or (ea)" substitute
"(a), (c), (d) or (e)".
21 Effect of sections 5 to 10
In section 11(1) of the Outworkers (Improved
Protection) Act 2003 omit "or a common rule
order".
22 Operation of section 12
In section 14(2) of the Outworkers (Improved
Protection) Act 2003 omit "or any common rule
order".
23 Minimum conditions for outworkers
(1) In section 14A(1) of the Outworkers (Improved
Protection) Act 2003—
(a) in paragraph (a), after "if the person were
bound by the award" insert "or the award
applied to the person";
(b) in paragraph (b) for "Standard." substitute
"Standard; and".
(2) After section 14A(1)(b) of the Outworkers
(Improved Protection) Act 2003 insert—
"(c) the National Employment Standards; and
(d) the payment of wages provisions.".
s. 20
-- 32 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
30
(3) In section 14A(2) of the Outworkers (Improved
Protection) Act 2003—
(a) in paragraph (a), after "if the person were
bound by the award" insert "or the award
applied to the person";
(b) in paragraph (b) for "Standard." substitute
"Standard; and".
(4) After section 14A(2)(b) of the Outworkers
(Improved Protection) Act 2003 insert—
"(c) the National Employment Standards; and
(d) the payment of wages provisions.".
24 Effect of the mandatory code
In section 25(2) of the Outworkers (Improved
Protection) Act 2003—
(a) omit "or a common rule order";
(b) omit "or common rule order".
25 Definitions and purpose of Division
(1) In section 40(1) of the Outworkers (Improved
Protection) Act 2003—
(a) the definition of ancillary document is
repealed;
(b) the definition of AWA is repealed.
(2) In section 40(2) of the Outworkers (Improved
Protection) Act 2003 omit ", similar to the
provisions in Division 11A of Part IX of the
Commonwealth Act (as in force on 27 February
2003)".
s. 24
-- 33 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
31
26 Investigating suspected contraventions of Act
(1) For section 41(2)(a) of the Outworkers
(Improved Protection) Act 2003 substitute—
"(a) occupied by an employer or contractor who
is bound by a federal award that relates to
outwork or to whom a federal award that
relates to outwork applies; or".
(2) In section 41(3)(a)(iii) of the Outworkers
(Improved Protection) Act 2003 omit ", other
than an AWA, an ancillary document or a
document that shows some or all of the content of
an AWA or of an ancillary document".
27 Discussions with outworkers
(1) In section 42(1) of the Outworkers (Improved
Protection) Act 2003, for "subsections (2)
and (3)" substitute "subsection (2)".
(2) Section 42(3) of the Outworkers (Improved
Protection) Act 2003 is repealed.
28 Consequential amendment of registered
organisation
In section 46(1)(b) of the Outworkers (Improved
Protection) Act 2003, for "a registered
organisation" substitute "an organisation".
29 Consequential amendment of registered
organisation
In section 49(1)(b) of the Outworkers (Improved
Protection) Act 2003, for "registered
organisation" substitute "organisation".
30 Consequential amendment of registered
organisation
In section 50(1) of the Outworkers (Improved
Protection) Act 2003, for "a registered
organisation" substitute "an organisation".
s. 26
-- 34 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
32
31 Prosecutions under Federal Awards (Uniform
System) Act 2003
Section 57 of the Outworkers (Improved
Protection) Act 2003 is repealed.
32 Consequential amendment of registered
organisation
In sections 62(1)(a) and 62(2)(a) of the
Outworkers (Improved Protection) Act 2003,
for "a registered organisation" substitute "an
organisation".
Division 2—Amendments to the Public Holidays Act 1993
33 Holiday entitlements
(1) For section 10(1AA) of the Public Holidays Act
1993 substitute—
"(1AA) This section is of no effect to the extent that
it is inconsistent with—
(a) the Fair Work Act 2009 of the
Commonwealth;
(b) any instrument given effect to by the
Fair Work Act 2009 of the
Commonwealth;
(c) any instrument given continuing effect
to by the Fair Work (Transitional
Provisions and Consequential
Amendments) Act 2009 of the
Commonwealth, being an instrument
made under the Workplace Relations
Act 1996 (as in force before the WR
Act repeal day).".
s. 31
See:
Act No.
119/1993.
Reprint No. 2
as at
17 February
2005
and
amending
Act Nos
74/2006 and
55/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 35 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
33
(2) After section 10(2) of the Public Holidays Act
1993 insert—
"(3) In this section WR Act repeal day has the
same meaning as in the Fair Work
(Transitional Provisions and Consequential
Amendments) Act 2009 of the
Commonwealth.".
Division 3—Amendments to the Occupational Health and
Safety Act 2004
34 Definitions relating to registered employee
organisations
(1) In section 79 of the Occupational Health and
Safety Act 2004—
(a) in the definition of committee of
management, for "Schedule 1B to the
Workplace Relations Act 1996" substitute
"the Fair Work (Registered Organisations)
Act 2009";
(b) in the definition of office and officer, for
"Schedule 1B to the Workplace Relations
Act 1996" substitute "the Fair Work
(Registered Organisations) Act 2009";
(c) in the definition of registered employee
organisation, for "Schedule 1B to the
Workplace Relations Act 1996" substitute
"the Fair Work (Registered Organisations)
Act 2009".
(2) In section 79 of the Occupational Health and
Safety Act 2004 insert the following
definitions—
"Commonwealth Fair Work Act means the Fair
Work Act 2009 of the Commonwealth;
s. 34
See:
Act No.
107/2004.
Reprint No. 1
as at
23 February
2007
and
amending
Act Nos
97/2005,
28/2007,
66/2008 and
6/2009.
LawToday:
www.
legislation.
vic.gov.au
-- 36 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
34
Fair Work Transition Act means the Fair Work
(Transitional Provisions and Consequential
Amendments) Act 2009 of the
Commonwealth;".
35 Entry powers of authorised representatives
(1) For sections 87(1)(b) and 87(1)(c) of the
Occupational Health and Safety Act 2004
substitute—
"(b) the suspected contravention relates to or
affects work that is being carried out by one
or more persons whose employment is
subject to a collective agreement, a certified
agreement or an enterprise agreement, or
relates to or affects any of those persons, and
that agreement applies to the registered
employee organisation;
(c) the suspected contravention relates to or
affects work that is being carried out by one
or more persons—
(i) who are eligible to be members of the
registered employee organisation; and
(ii) whose employment is not subject to a
collective agreement, a certified
agreement or an enterprise agreement
which applies to any registered
employee organisation—
or relates to or affects any of those persons.".
(3) For section 87(4) of the Occupational Health
and Safety Act 2004 substitute—
"(4) In this section—
certified agreement means a pre-reform
certified agreement that continues in
existence as a transitional instrument
under the Fair Work Transition Act;
s. 35
-- 37 of 51 --
Part 6—Consequential Amendments to Other Acts
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
35
collective agreement means a workplace
agreement that is a collective
agreement that continues in existence
as a transitional instrument under the
Fair Work Transition Act;
enterprise agreement means an enterprise
agreement made under the
Commonwealth Fair Work Act.".
__________________
s. 35
-- 38 of 51 --
Part 7—Repeal of Other Acts and Provisions
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
36
PART 7—REPEAL OF OTHER ACTS AND PROVISIONS
36 Repeal of the Victorian Workers' Wages Protection
Act 2007
The Victorian Workers' Wages Protection Act
2007 is repealed.
37 Repeal of provisions of the Public Administration
Act 2004
(1) In section 1(b) of the Public Administration Act
2004, for "Authority;" substitute "Authority."
(2) Section 1(c) of the Public Administration Act
2004 is repealed.
(3) Section 1(d) of the Public Administration Act
2004 is repealed.
(4) Section 3(da) of the Public Administration Act
2004 is repealed.
(5) Section 35(2)(ba) of the Public Administration
Act 2004 is repealed.
(6) Section 45(1)(da) of the Public Administration
Act 2004 is repealed.
(7) In section 48(2) of the Public Administration
Act 2004, omit "or role 5" (wherever occurring).
(8) Subdivision 5A of Division 2 of Part 4 of the
Public Administration Act 2004 is repealed.
(9) In section 103(5) of the Public Administration
Act 2004, for "Subject to Subdivision 5A of
Division 2 of Part 4, a" substitute "A".
See:
Act No.
71/2007
and
amending
Act Nos
12/2008 and
4/2009.
LawToday:
www.
legislation.
vic.gov.au
s. 36
See:
Act No.
108/2004.
Reprint No. 1
as at
11 October
2006
and
amending
Act Nos
23/2006,
24/2006,
43/2006,
28/2007,
58/2007,
4/2008,
24/2008,
77/2008,
79/2008 and
83/2008.
LawToday:
www.
legislation.
vic.gov.au
-- 39 of 51 --
Part 7—Repeal of Other Acts and Provisions
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
37
38 New section 117 inserted in the Public
Administration Act 2004
After section 116 of the Public Administration
Act 2004 insert—
"117 Transitional provision—repeal of
Subdivision 5A of Division 2 of Part 4
Any application begun but not completed
under Subdivision 5A of Division 2 of Part 4
immediately before the repeal of the
subdivision by section 37 of the Fair Work
(Commonwealth Powers) Act 2009 may be
continued and completed in accordance with
that Subdivision, as if that Subdivision were
still in operation.".
39 Repeal of provisions of the Parliamentary
Administration Act 2005
Division 7 of Part 3 of the Parliamentary
Administration Act 2005 is repealed.
40 New section 36 inserted in the Parliamentary
Administration Act 2005
After section 35 of the Parliamentary
Administration Act 2005 insert—
"36 Transitional provision—repeal of
Division 7 of Part 3
Any application begun but not completed
under Division 7 of Part 3 immediately
before the repeal of the Division by section
39 of the Fair Work (Commonwealth
Powers) Act 2009 may be continued and
completed in accordance with that Division,
as if that Division were still in operation.".
__________________
s. 38
See:
Act No.
20/2005
and
amending
Act No.
80/2006.
LawToday:
www.
legislation.
vic.gov.au
-- 40 of 51 --
Part 8—Repeal of Certain Parts of this Act
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
38
PART 8—REPEAL OF CERTAIN PARTS OF THIS ACT
41 Repeal of Parts 4 to 7 and this Part
This Part and Parts 4 to 7 are repealed on the first
anniversary of the commencement of the Parts.
Note
The repeal of this Part and Parts 4 to 7 does not affect the
continuing operation of the amendments made by the Parts (see
section 15(1) of the Interpretation of Legislation Act 1984).
__________________
s. 41
-- 41 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
39
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
In this Division:
amendment includes the insertion, omission,
repeal, substitution, addition or relocation of
words or matter.
excluded subject matter means:
(a) a matter dealt with in a law referred to in
subsection 27(1A) of this Act as originally
enacted; or
(b) a non-excluded matter within the meaning of
subsection 27(2) of this Act as so enacted
(other than paragraph 27(2)(p) of this Act as
so enacted); or
(c) rights or remedies incidental to a matter
referred to in paragraph (a) or (b) of this
definition;
except to the extent that this Act as so enacted
deals with the matter (directly or indirectly), or
requires or permits instruments made or given
effect under this Act so to deal with the matter.
express amendment means the direct amendment
of this Act, but does not include the enactment by
a Commonwealth Act of a provision that has, or
will have, substantive effect otherwise than as part
of the text of this Act.
Sch.
-- 42 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
40
law enforcement officer is a member of a police
force, a police reservist, a police recruit or a
protective services officer.
referral law, of a State, means the law of the State
that refers matters, as mentioned in
subsection 30B(1), to the Parliament of the
Commonwealth.
referred provisions means the provisions of this
Division to the extent to which they deal with
matters that are included in the legislative powers
of the Parliaments of the States.
referred subject matters means any of the
following:
(a) terms and conditions of employment,
including any of the following:
(i) minimum terms and conditions of
employment, (including employment
standards and minimum wages);
(ii) terms and conditions of employment
contained in instruments (including
instruments such as awards,
determinations and enterprise-level
agreements);
(iii) bargaining in relation to terms and
conditions of employment;
(iv) the effect of a transfer of business on
terms and conditions of employment;
(b) terms and conditions under which an
outworker entity may arrange for work to be
performed for the entity (directly or
indirectly), if the work is of a kind that is
often performed by outworkers;
Sch.
-- 43 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
41
(c) rights and responsibilities of employees,
employers, independent contractors,
outworkers, outworker entities, associations
of employees or associations of employers,
being rights and responsibilities relating to
any of the following:
(i) freedom of association and related
protections;
(ii) protection from discrimination relating
to employment;
(iii) termination of employment;
(iv) industrial action;
(v) protection from payment of fees for
services related to bargaining;
(vi) sham independent contractor
arrangements;
(vii) standing down employees without pay;
(viii) rights of entry and rights of access to
records;
(d) compliance with, and enforcement of, this
Act;
(e) the administration of this Act;
(f) the application of this Act;
(g) matters incidental or ancillary to the
operation of this Act or of instruments made
or given effect under this Act;
but does not include any excluded subject matter.
referring State: see section 30B.
Sch.
-- 44 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
42
State public sector employee, of a State, means:
(a) an employee of a State public sector
employer of the State; or
(b) any other employee in the State of a kind
specified in the regulations;
and includes a law enforcement officer to whom
subsection 30E(1) applies.
State public sector employer, of a State, means an
employer that is:
(a) the State; or
(b) a body (whether incorporated or
unincorporated) established for a public
purpose by or under a law of the State, by the
Governor of a State or by a Minister of the
State; or
(c) a body corporate in which the State has a
controlling interest; or
(d) any other employer in the State of a kind
specified in the regulations;
and includes a holder of an office to whom
subsection 30E(2) applies.
30B Meaning of referring State
Reference of matters by State Parliament to
Commonwealth Parliament
(1) A State is a referring State if the Parliament of
the State has referred the matters covered by
subsections (3), (4) and (5) in relation to the State
to the Parliament of the Commonwealth for the
purposes of paragraph 51(xxxvii) of the
Constitution:
(a) if and to the extent that the matters are not
otherwise included in the legislative powers
of the Parliament of the Commonwealth
Sch.
-- 45 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
43
(otherwise than by a reference under
paragraph 51(xxxvii) of the Constitution);
and
(b) if and to the extent that the matters are
included in the legislative powers of the
Parliament of the State.
This subsection has effect subject to
subsection (6).
(2) A State is a referring State even if:
(a) the State’s referral law provides that the
reference to the Parliament of the
Commonwealth of any or all of the matters
covered by subsections (3), (4) and (5) is to
terminate in particular circumstances; or
(b) the State’s referral law provides that
particular matters relating to State public
sector employees, or State public sector
employers, of the State are not included in
any or all of those matters.
Reference covering referred provisions
(3) This subsection covers the matters to which the
referred provisions relate to the extent of making
laws with respect to those matters by amending
this Act, as originally enacted, to include the
referred provisions.
Reference covering amendments
(4) This subsection covers the referred subject matters
to the extent of making laws with respect to those
matters by making express amendments of this
Act.
Reference covering transitional matters
(5) This subsection covers making laws with respect
to the transition from the regime provided for by:
(a) the Workplace Relations Act 1996; or
Sch.
-- 46 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
44
(b) a law of a State relating to workplace
relations;
to the regime provided for by this Act.
Effect of termination of reference
(6) Despite anything to the contrary in a referral law
of a State, a State ceases to be a referring State if
any or all of the following occurs:
(a) the reference by the Parliament of the State
to the Parliament of the Commonwealth of
the matters covered by subsection (3)
terminates;
(b) the reference by the Parliament of the State
to the Parliament of the Commonwealth of
the matters covered by subsection (4)
terminates;
(c) the reference by the Parliament of the State
to the Parliament of the Commonwealth of
the matters covered by subsection (5)
terminates.
30C Extended meaning of national system employee
(1) A national system employee includes:
(a) any individual in a referring State so far as
he or she is employed, or usually employed,
as described in paragraph 30D(1)(a), except
on a vocational placement; and
(b) a law enforcement officer of the State to
whom subsection 30E(1) applies.
(2) This section does not limit the operation of
section 13 (which defines a national system
employee).
Note: Section 30H may limit the extent to which this section
extends the meaning of national system employee.
Sch.
-- 47 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
45
30D Extended meaning of national system employer
(1) A national system employer includes:
(a) any person in a referring State so far as the
person employs, or usually employs, an
individual; and
(b) a holder of an office to whom subsection
30E(2) applies.
(2) This section does not limit the operation of
section 14 (which defines a national system
employer).
Note: Section 30H may limit the extent to which this section
extends the meaning of national system employer.
30E Extended ordinary meanings of employee and
employer
(1) A reference in this Act to an employee with its
ordinary meaning includes a reference to a law
enforcement officer of a referring State if the
State’s referral law so provides for the purposes of
that law.
(2) A reference in this Act to an employer with its
ordinary meaning includes a reference to a holder
of an office of a State if the State’s referral law
provides, for the purposes of that law, that the
holder of the office is taken to be the employer of
a law enforcement officer of the State.
(3) This section does not limit the operation of
section 15 (which deals with references to
employee and employer with their ordinary
meanings).
Note: Section 30H may limit the extent to which this section
extends the meanings of employee and employer.
Sch.
-- 48 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
46
30F Extended meaning of outworker entity
(1) An outworker entity includes a person, other than
in the person’s capacity as a national system
employer, so far as:
(a) the person arranges for work to be performed
for the person (either directly or indirectly);
and
(b) the work is of a kind that is often performed
by outworkers; and
(c) one or more of the following applies:
(i) at the time the arrangement is made,
one or more parties to the arrangement
is in a referring State;
(ii) the work is to be performed in a
referring State;
(iii) the person referred to in paragraph (a)
carries on an activity (whether of a
commercial, governmental or other
nature) in a referring State, and the
work is reasonably likely to be
performed in that State;
(iv) the person referred to in paragraph (a)
carries on an activity (whether of a
commercial, governmental or other
nature) in a referring State, and the
work is to be performed in connection
with that activity.
(2) This section does not limit the operation of the
definition of outworker entity in section 12.
Note: Section 30H may limit the extent to which this section
extends the meaning of outworker entity.
Sch.
-- 49 of 51 --
Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
47
30G General protections
(1) Part 3-1 (which deals with general protections)
applies to action taken in a referring State.
(2) This section applies despite section 337 (which
limits the application of Part 3-1), and does not
limit the operation of sections 338 and 339 (which
set out the application of that Part).
Note: Section 30H may limit the extent to which this section
extends the application of Part 3-1.
30H Division only has effect if supported by reference
A provision of this Division has effect in relation
to a referring State only to the extent that the
State’s referral law refers to the Parliament of the
Commonwealth the matters mentioned in
subsection 30B(1) that result in the Parliament of
the Commonwealth having sufficient legislative
power for the provision so to have effect.
30J Application of the Acts Interpretation Act 1901
(1) The Acts Interpretation Act 1901, as in force on
the day on which this Division commences,
applies to this Act.
(2) Amendments of the Acts Interpretation Act 1901
made after that day do not apply to this Act.
═══════════════
Sch.
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Fair Work (Commonwealth Powers) Act 2009
No. 24 of 2009
48
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 3 June 2009
Legislative Council: 4 June 2009
The long title for the Bill for this Act was "A Bill for an Act to refer
certain matters to the Commonwealth regarding workplace relations, to
repeal the Commonwealth Powers (Industrial Relations) Act 1996 and
the Victorian Workers' Wages Protection Act 2007, to amend the Long
Service Leave Act 1992, the Public Sector Employment (Award
Entitlements) Act 2006, the Outworkers (Improved Protection) Act
2003, the Public Holidays Act 1993, the Occupational Health and
Safety Act 2004, the Public Administration Act 2004 and the
Parliamentary Administration Act 2005 and for other purposes."
Endnotes
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