South Australia
Fair Work (Commonwealth Powers) Act 2009
An Act to refer certain matters relating to workplace relations to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.
Contents
1Short title
2Commencement
3Interpretation
4Fundamental workplace relations principles
5Reference of matters
6Matters excluded from the reference
7Termination of references
8Effect of termination of amendment reference or transition reference before initial reference
9Period for termination of references
Schedule 1—Text to be included in the provisions of the Commonwealth Fair Work Act
Legislative history
The Parliament of South Australia enacts as follows:
1—Short title
This Act may be cited as the Fair Work (Commonwealth Powers) Act 2009.
2—Commencement
(1)This Act will come into operation on a day to be fixed by proclamation.
(2)Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or to a provision of this Act.
3—Interpretation
(1)In this Act, unless the contrary intention appears—
administrative unit means—
(a)a department established as part of the Public Service of the State; or
(b)an attached office under the Public Sector Act 2009;
amendment reference means the reference under section 5(1)(b);
Commonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth (as amended from time to time);
employing authority means a person designated as an employing authority, and empowered to employ persons on behalf of the Crown, under an Act;
excluded subject matter means any of the following matters:
(a)a matter dealt with in the Equal Opportunity Act 1984;
(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;
(h)long service leave;
(i)leave for victims of crime;
(j)attendance for service on a jury, or for emergency service duties;
(k)declaration, prescription or substitution of public holidays;
(l)the following matters relating to 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 of employer associations;
(n)workplace surveillance;
(o)business trading hours;
(p)claims for enforcement of contracts of employment, except so far as a law of a 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;
(q)rights or remedies incidental to a matter referred to in a preceding paragraph of this definition,
except to the extent that the Fair Work Act 2009 of the Commonwealth, as originally enacted, 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;
express amendment of the Commonwealth Fair Work Act means the direct amendment of the…