Fair Work (Commonwealth Powers) Amendment Act 2019 (Vic)

Fair Work (Commonwealth Powers) Amendment Act 2019

No. 9 of 2019

table of provisions

Section  Page

1Purpose

2Commencement

3Reference of matters

4Amendment of matters excluded from reference

5New section 5A inserted

6Repeal of amending Act

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Endnotes

1      General information

Fair Work (Commonwealth Powers) Amendment Act 2019

No. 9 of 2019

[Assented to 7 May 2019]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Fair Work (Commonwealth Powers) Act 2009—

(a)to provide for certain public sector employees to enter into enterprise bargaining agreements about matters pertaining to the number, identity or appointment (other than terms and conditions of appointment) of those employees; and

(b)to provide for some other aspects of the provisions of the Fair Work Act 2009 of the Commonwealth to apply to those matters; and

(c)to provide for other minor related matters.

2Commencement

(1)This Act comes into operation on a day to be proclaimed.

(2)If this Act does not come into operation before 31 December 2019, it comes into operation on that day.

3Reference of matters

In section 4(1) of the Fair Work (Commonwealth Powers) Act 2009, for "Subject to section 5" substitute "Subject to sections 5 and 5A".

4Amendment of matters excluded from reference

In section 5(1)(a) of the Fair Work (Commonwealth Powers) Act 2009, after "who are not law enforcement officers" insert ", except to the extent that those matters are referred to the Parliament of the Commonwealth by section 5A".

5New section 5A inserted

After section 5 of the Fair Work (Commonwealth Powers) Act 2009 insert—

"5A   Further reference of matters

(1)Despite section 5(1)(a), matters referred by section 4(1) include section 5(1)(a) matters to the extent of—

(a)an enterprise agreement being made or proposed to be made that includes a term dealing with a section 5(1)(a) matter; and

(b)a workplace determination being made or proposed to be made that includes an agreed term (but no term other than an agreed term) dealing with a section 5(1)(a) matter.

(2)Despite subsection (1), matters referred by section 4(1) do not include section 5(1)(a) matters to the extent of the Fair Work Commission dealing with bargaining disputes about section 5(1)(a) matters by arbitration (however described) under section 240 of the Commonwealth Fair Work Act.

(3)Despite subsection (1), matters referred by section 4(1) do not include section 5(1)(a) matters to the extent of—

(a)a new employer or transferring employee being or becoming covered by a transferable instrument under section 313 of the Commonwealth Fair Work Act, to the extent that the transferable instrument contains a term dealing with a section 5(1)(a) matter; and

(b)a new employer or a non-transferring employee being or becoming covered by a transferable instrument under section 314 of the Commonwealth Fair Work Act, to the extent that the transferable instrument contains a term dealing with a section 5(1)(a) matter; and

(c)the Fair Work Commission making an order that an enterprise agreement covers or will cover a transferring employee under section 318(1)(b) of the Commonwealth Fair Work Act, to the extent that the enterprise agreement contains a term dealing with a section 5(1)(a) matter; and

(d)the Fair Work Commission making an order that a transferable instrument covers or will cover a non-transferring employee under section 319(1)(b) of the Commonwealth Fair Work Act, to the extent that the transferable instrument contains a term dealing with a section 5(1)(a) matter.

(4)In this section—

agreed term, for a workplace determination, has the same meaning as in Part 2-5 of the Commonwealth Fair Work Act;

section 5(1)(a) matter means a matter described in section 5(1)(a).

(5)In this section—

enterprise agreement, Fair Work Commission and workplace determination have the same meaning as in section 12 of the Commonwealth Fair Work Act.

(6)In this section—

new employer, non-transferring employee, transferable instrument and transferring employee have the same meaning as in Part 2-8 of the Commonwealth Fair Work Act.".

6Repeal of amending Act

This Act is repealed on 31 December 2020.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 5 February 2019

Legislative Council: 21 February 2019

The long title for the Bill for this Act was "A Bill for an Act to amend the Fair Work (Commonwealth Powers) Act 2009 and for other purposes."