Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (Cth)

Fair Work (State Referral and Consequential and Other Amendments) Act 2009

Act No. 54 of 2009 as amended

This compilation was prepared on 7 November 2012

taking into account amendments up to Act No. 136 of 2012

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Parliamentary Counsel, Canberra

Contents

An Act to amend the Fair Work Act 2009, to make amendments consequential on the enactment of that Act, and for other purposes

1Short title [see Note 1]

This Act may be cited as the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.

2Commencement

(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	25 June 2009
2. Schedule 1, items 1 to 10	Immediately after the commencement of the provision(s) covered by table item 3.	25 June 2009
3. Schedule 1, item 11	The day on which this Act receives the Royal Assent.	25 June 2009
4. Schedule 1, item 12	Immediately after the commencement of the provision(s) covered by table item 3.	25 June 2009
5. Schedule 2, Part 1	Immediately after the commencement of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.	1 July 2009
6. Schedule 2, item 33	Immediately after the commencement of section 2 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.	25 June 2009
7. Schedule 2, items 34 to 51	Immediately after the commencement of Schedule 3 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.	1 July 2009
8. Schedule 2, Part 2, Division 2	Immediately after the commencement of Part 3 of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.	1 January 2010
9. Schedule 3	Immediately after the commencement of the provision(s) covered by table item 3.	25 June 2009
10. Schedule 4	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
11. Schedule 5, items 1 to 30	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
12. Schedule 5, item 31	The later of: (a) immediately after the commencement of Part 2‑4 of the Fair Work Act 2009; and (b) immediately after the commencement of item 41 of Schedule 2 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	5 August 2009 (paragraph (b) applies)
13. Schedule 5, items 32 to 64	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
14. Schedule 5, items 65 and 66	The later of: (a) immediately after the commencement of Part 2‑4 of the Fair Work Act 2009; and (b) immediately after the commencement of item 101 of Schedule 2 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	1 July 2009 (paragraph (a) applies)
15. Schedule 5, item 67	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
16. Schedule 5, items 68 and 69	Immediately after the commencement of Part 2‑3 of the Fair Work Act 2009.	1 January 2010
17. Schedule 5, items 70 to 79	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
18. Schedule 5, item 80	The later of: (a) immediately after the commencement of item 68 of Schedule 5; and (b) the commencement of item 38 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	1 January 2010 (paragraph (a) applies)
19. Schedule 5, item 81	The later of: (a) immediately after the commencement of item 70 of Schedule 5; and (b) the commencement of item 38 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	5 August 2009 (paragraph (b) applies)
20. Schedule 5, item 82	The later of: (a) immediately after the commencement of item 72 of Schedule 5; and (b) the commencement of item 38 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	5 August 2009 (paragraph (b) applies)
21. Schedule 5, Part 3	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
22. Schedule 6	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
23. Schedule 7	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
24. Schedule 8, items 1 to 130	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
25. Schedule 8, items 131 and 132	The later of: (a) immediately after the commencement of Part 2‑4 of the Fair Work Act 2009; and (b) immediately after the commencement of item 33 of Schedule 2 to the Social Security Legislation Amendment (Employment Services Reform) Act 2009.	1 July 2009
26. Schedule 8, items 133 to 135	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
27. Schedule 8 item 136	The later of: (a) immediately after the commencement of Part 2‑4 of the Fair Work Act 2009; and (b) immediately after the commencement of item 147 of Schedule 2 to the Social Security Legislation Amendment (Employment Services Reform) Act 2009.	1 July 2009
28. Schedule 8, items 137 and 138	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
29. Schedule 8, item 139	The later of: (a) immediately after the commencement of Part 2‑4 of the Fair Work Act 2009; and (b) immediately after the commencement of item 195 of Schedule 2 to the Social Security Legislation Amendment (Employment Services Reform) Act 2009.	1 July 2009
30. Schedule 8, items 140 to 161	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
31. Schedule 9	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
32. Schedule 10	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
33. Schedule 11	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
34. Schedule 12, items 1 to 3	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
35. Schedule 12, item 4	The later of: (a) immediately after the commencement of Part 2‑4 of the Fair Work Act 2009; and (b) immediately after the commencement of Schedule 1 to the Migration Legislation Amendment (Worker Protection) Act 2008.	14 September 2009
36. Schedule 13	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
37. Schedule 14	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
38. Schedule 15	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
39. Schedule 16	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
40. Schedule 17	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
41. Schedule 18	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
42. Schedule 19	Immediately after the commencement of Part 2‑4 of the Fair Work Act 2009.	1 July 2009
43. Schedule 20	The day on which this Act receives the Royal Assent.	25 June 2009

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2)
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4Definition

In this Act:
WR Act repeal day has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Schedule 1Referring States

Fair Work Act 2009

1
Section 12 (at the end of note 2 at the end of the definition of employee)
Add “and subsection 30E(1)”.
2
Section 12 (at the end of note 2 at the end of the definition of employer)
Add “and subsection 30E(2)”.
3
Section 12 (at the end of the definition of national system employee)
Add:
Note: Section 30C extends the meaning of national system employee in relation to a referring State.
4
Section 12 (at the end of the definition of national system employer)
Add:
Note: Section 30D extends the meaning of national system employer in relation to a referring State.
5
Section 12 (note at the end of the definition of outworker entity)
Repeal the note, substitute:
Note: Section 30F extends the meaning of outworker entity in relation to a referring State.

At the end of section 13

Add:
Note: Section 30C extends the meaning of national system employee in relation to a referring State.

Section 14 (note)

Repeal the note, substitute:
Note 1: In this context, Australia includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of the Acts Interpretation Act 1901).
Note 2: Section 30D extends the meaning of national system employer in relation to a referring State.

At the end of subsection 15(1)

Add:
Note: Subsection 30E(1) extends the meaning of employee in relation to a referring State.

At the end of subsection 15(2)

Add:
Note: Subsection 30E(2) extends the meaning of employer in relation to a referring State.

Section 24

Repeal the section, substitute:

24Guide to this Part

This Part deals with the extent of the application of this Act.
Division 2 is about how this Act affects the operation of certain State or Territory laws.
Division 2A is about the extended application of this Act in a State that has referred to the Parliament of the Commonwealth matters relating to this Act.
Division 3 is about the geographical application of this Act.
Division 4 deals with other matters relating to the application of this Act.

After Division 2 of Part 1‑3

Insert:

Division 2A—Application of this Act in a referring State

30AMeaning 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.
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;
(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.
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.

30BMeaning 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 (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
(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.

30CExtended 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.

30DExtended 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.

30EExtended 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.

30FExtended 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.

30GGeneral 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.

30HDivision 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.

30JApplication 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.

At the end of section 337

Add:
Note: Section 30G extends the operation of this Part in a referring State.

Schedule 2Consequential and transitional provisions relating to referral of mattersPart 1Treatment of transitional awards and common rules as transitional instruments etc.

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Item 2 of Schedule 2

Insert:
common rule means a common rule within the meaning of clauses 82 to 87 of Schedule 6 to the WR Act (including those clauses as they continue to apply because of item 8A of Schedule 3).

Item 2 of Schedule 2

Insert:
State reference common rule: see subitem 2A(2) of Schedule 3.

Item 2 of Schedule 2

Insert:
State reference employee: see subitem 2A(3) of Schedule 3.

Item 2 of Schedule 2

Insert:
State reference employer: see subitem 2A(4) of Schedule 3.

Item 2 of Schedule 2

Insert:
State reference transitional award: see subitem 2A(1) of Schedule 3.

Item 2 of Schedule 2

Insert:
State reference transitional award or common rule means a State reference transitional award or a State reference common rule.

Item 2 of Schedule 2

Insert:
Victorian employment agreement: see item 41 of Schedule 3.

After paragraph 2(2)(a) of Schedule 3

Insert:
(aa)
a State reference transitional award or common rule;

Subitem 2(2) of Schedule 3 (note 4)

Repeal the note, substitute:
Note 4: For transitional provisions relating to other transitional awards, see Schedule 20.

At the end of subitem 2(3) of Schedule 3

Add:
Note: Victorian employment agreements are not continued as transitional instruments. For provisions relating to these agreements, see Part 7 of this Schedule.

After subitem 2(3) of Schedule 3

Insert:
(3A) If a State reference common rule comes into effect on or after the WR Act repeal day under the provisions that continue to apply because of item 8A, the State reference common rule becomes a transitional instrument when the common rule comes into effect.

Paragraph 2(5)(a) of Schedule 3

After “awards,” (first occurring), insert “State reference transitional awards or common rules,”.

After item 2 of Schedule 3

Insert:
2A
Meanings of State reference transitional award and State reference common rule
(1) A State reference transitional award is a transitional award that covers:
(a)
one or more specified State reference employers; and
(b)
specified State reference employees of those employers.
Note: A transitional award includes a transitional Victorian reference award.
(2) A State reference common rule is a common rule that covers:
(a)
specified State reference employers; and
(b)
specified State reference employees of those employers.
(3) A State reference employee is an employee who is a national system employee only because of section 30C of the FW Act.
(4) A State reference employer is an employer that is a national system employer only because of section 30D of the FW Act.

(5) If:

(a)
a transitional award (the current award) covers one or more State reference employers, and State reference employees of those employers; and
(b)
the current award also covers:
(i)
other employees of those employers; or
(ii)
other employers, and employees of those other employers;
then, for the purposes of this Act, the current award is taken instead to constitute 2 separate transitional awards as follows:
(c)
a State reference transitional award covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (a); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (a)—that organisation in relation to those employers or employees; and
(d)
a transitional award covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (b); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (b)—that organisation in relation to those employers or employees.

At the end of Part 2 of Schedule 3

Add:
8A
Continuing application of provisions of the WR Act about common rules
(1) Subject to this item, clauses 82 to 87 of Schedule 6 to the WR Act continue to apply on and after the WR Act repeal day in relation to State reference common rules.

(2) Clauses 82 to 87 continue to apply as if:

(a)
references in the clauses to the transitional period (including references to the end of the transitional period) were omitted; and
(b)
a reference in the clauses to the Commission were instead a reference to FWA; and
(c)
a reference in the clauses to a Registrar were instead a reference to the General Manager of FWA; and
(d)
a reference in the clauses to the Rules of the Commission were instead a reference to the procedural rules of FWA.
(3) Subitem (2) has effect unless the context otherwise requires and subject to the regulations.
Note: For example, paragraph (2)(a) does not apply if the reference is to something that the Commission did before the WR Act repeal day (or before the reform commencement).

After item 12 of Schedule 3

Insert:
12A
State reference transitional awards: variation and revocation
General provisions
(1) Subject to this item, Divisions 5 (other than subsections 554(1) to (4)) and 6 of Part 10 of the WR Act apply on and after the WR Act repeal day in relation to transitional instruments that are State reference transitional awards as if:
(a)
references to the Commission were instead references to FWA; and
(b)
references to an award included references to a State reference transitional award.
Note 1: Items 10 and 11 apply instead of subsections 554(1) to (4) of the WR Act.
Note 2: For variation of State reference common rules, see the provisions continued in effect by item 8A.
(2) To avoid doubt, for the purpose of sections 552 and 553 of the WR Act, as applied by subitem (1) in relation to State reference transitional awards, “minimum safety net entitlements” includes minimum safety net entitlements relating to wages.
Note: For variation of terms relating to wages after the end of the bridging period, see subitems (4) to (6).
(3) FWA must perform its powers and functions under Divisions 5 and 6 in a way that furthers the objects of Part 10 of the WR Act.
Special provisions about variation or revocation after the end of the bridging period
(4) A State reference transitional award cannot be varied or revoked after the end of the bridging period except as follows:
(a)
a State reference transitional award, other than terms relating to wages, can be varied after the end of the bridging period under section 553 of the WR Act;
(b)
terms of a State reference transitional award relating to wages can be varied after the end of the bridging period in an annual wage review under the FW Act as provided for in subitem (5);
(c)
a State reference transitional award can be varied after the end of the bridging period as a result of FWA continuing to deal with a matter that it was dealing with before the end of the bridging period.
(5) In an annual wage review, FWA may make a determination varying terms of a State reference transitional award relating to wages.
(6) For the purpose of subitem (5), Division 3 of Part 2‑6 of the FW Act (other than section 292) applies to terms of a State reference transitional award relating to wages in the same way as it applies to a modern award.

At the end of Schedule 3

Add:

Part 7—Victorian employment agreements

41
Part applies to Victorian employment agreements
This Part applies to a Victorian employment agreement that was in force in relation to an employer and an employee (the parties) under Division 12 of Part 21 of the WR Act immediately before the WR Act repeal. A Victorian employment agreement is an employment agreement within the meaning of that Division.
42
Victorian employment agreement enforceable as a contract
On and after the WR Act repeal day the Victorian employment agreement is enforceable by one of the parties against the other party as if it were a contract. The provisions of Division 12 of Part 21 of the WR Act do not continue to apply in relation to the agreement.

Subitem 2(2A) of Schedule 6

Omit “an award, if the award”, substitute “an award or a State reference transitional award, if the award or State reference transitional award”.

Subitem 3(1) of Schedule 7

Insert:
award includes a State reference transitional award or common rule.

Paragraph 13(2)(a) of Schedule 7

After “an award”, insert “, a State reference transitional award or common rule,”.

At the end of item 18 of Schedule 7

Add:
State reference transitional awards or common rules: transitional APCSs not relevant
(5) If the relevant award‑based transitional instrument in relation to an employee is a State reference transitional award or common rule, the references in this item to a transitional APCS are to be disregarded.
Note: State reference transitional awards or common rules contain terms dealing with wages.

At the end of item 19 of Schedule 7

Add:
State reference transitional awards or common rules: transitional APCSs not relevant
(6) If the relevant award‑based transitional instrument in relation to an employee is a State reference transitional award or common rule, the references in this item to a transitional APCS are to be disregarded.
Note: State reference transitional awards or common rules contain terms dealing with wages.

Item 21 of Schedule 7

After “awards” (last occurring), insert “(including State reference transitional awards and common rules)”.

Paragraph 25(3)(a) of Schedule 7

After “an award”, insert “or a State reference transitional award or common rule”.

Subitem 27(5) of Schedule 8

Insert:
award includes a State reference transitional award.

At the end of item 5 of Schedule 9

Add:
(4) Despite item 6 of Schedule 2, the following provisions of Part 21 of the WR Act do not apply in relation to the continued AFPCS wages provisions:
(a)
subparagraph 861(1)(d)(iii);
(b)
section 865.
Note: Paragraph (a) has a flow‑through effect to the reference in subparagraph 885(1)(j) of the WR Act to section 861.

At the end of paragraph 5(2)(d) of Schedule 10

Add “or a State reference transitional award or common rule”.

After subitem 2(2) of Schedule 11

Insert:
(2A) For the purpose of the continued application, by subitem (2), of Division 5 of Part 11 of the WR Act:
(a)
a reference in those provisions to an award is taken to include a reference to a State reference transitional award; and
(b)
despite item 6 of Schedule 2, paragraph 885(1)(e) of that Act does not continue to apply.
Note: Paragraph 885(1)(e) would otherwise have disapplied Division 5 of Part 11 of the WR Act.

Subitem 5(2) of Schedule 11

After “award”, insert “or a State reference transitional award”.

Subitem 8(1) of Schedule 11

After “operation”, insert “and other than a State reference common rule”.

At the end of paragraph 8(2)(b) of Schedule 11

Add “, other than a State reference common rule”.

Paragraph 13(2)(a) of Schedule 18

Omit “, a transitional award (including a transitional Victorian reference award) or a common rule”, substitute “or a transitional award that is not a WR Act instrument”.

Item 1 of Schedule 20

Repeal the item, substitute:

Schedule 6 to the WR Act

(1) Schedule 6 to the WR Act (continued Schedule 6) continues to apply on and after the WR Act repeal day in accordance with this Schedule.
(2) Except for instrument content rules and instrument interaction rules, nothing in this Schedule or continued Schedule 6 applies to State reference transitional awards or common rules.
Note: State reference transitional awards or common rules are continued in existence by Schedule 3 as transitional instruments.
(3) Without limiting subitem (1) (but subject to subitem (2)), transitional awards that were in operation under Schedule 6 to the WR Act immediately before the WR Act repeal day continue in operation as continuing Schedule 6 instruments on and after the repeal day in accordance with continued Schedule 6.
Note 1: In addition to provisions of this Schedule, Part 3 of Schedule 2 may also affect continuing Schedule 6 instruments.
Note 2: Compliance with continuing Schedule 6 instruments is dealt with in Schedule 16.

Part 2State reference public sector modern awardsDivision 1State reference public sector transitional award modernisation

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Subsection 2(1)(after table item 4)

Insert:

4A.

Schedule 6A

At the same time as the provision(s) covered by table item 2.

34
Item 2 of Schedule 2 (at the end of the definition of modernisation‑related reduction in take‑home pay)
Add:
; and (c)
in relation to the State reference public sector transitional award modernisation process—has the meaning given by subitem 13(3) of Schedule 6A.

Item 2 of Schedule 2

Insert:
State reference public sector employee: see subitem 2(2) of Schedule 6A.

Item 2 of Schedule 2

Insert:
State reference public sector employer: see subitem 2(3) of Schedule 6A.

Item 2 of Schedule 2

Insert:
State reference public sector modern award: see subitem 3(2) of Schedule 6A.

Item 2 of Schedule 2

Insert:
State reference public sector modern awards objective: see subitem 7(2) of Schedule 6A.

Item 2 of Schedule 2

Insert:
State reference public sector transitional award: see subitem 2(1) of Schedule 6A.

Item 2 of Schedule 2

Insert:
State reference public sector transitional award modernisation process: see subitem 3(1) of Schedule 6A.
41
Item 2 of Schedule 2 (definition of take‑home pay)
Omit “and subitem 11(2) of Schedule 6”, substitute “, subitem 11(2) of Schedule 6 and subitem 13(2) of Schedule 6A”.
42
Item 2 of Schedule 2 (definition of take‑home pay order)
Omit “and subitem 12(1) of Schedule 6”, substitute “, subitem 12(1) of Schedule 6 and subitem 14(1) of Schedule 6A”.

Subitem 29(1) of Schedule 3 (note)

Repeal the note, substitute:
Note: A modern award cannot be expressed to cover an employee who is covered by a transitional instrument that is an enterprise instrument or a State reference public sector transitional award (see subsections 143(8) and (10) of the FW Act).

Schedule 5 (heading)

Repeal the heading, substitute:
Schedule 5—Modern awards (other than modern enterprise awards and State reference public sector modern awards)

Subitem 3(3) of Schedule 5

After “enterprise instrument” (wherever occurring), insert “or a State reference public sector transitional award”.

Subitem 3(3) of Schedule 5 (note)

After “Note”, insert “1.”.

At the end of subitem 3(3) of Schedule 5

Add:
Note 2: Item 10 of Schedule 6A deals with termination and variation of State reference public sector transitional awards to take account of the State reference public sector transitional award modernisation process.

Item 6 of Schedule 5 (heading)

After “modern enterprise awards”, insert “and State reference public sector modern awards”.

Subitem 6(1) of Schedule 5

After “modern enterprise awards”, insert “and State reference public sector modern awards”.

Subitem 2(2) of Schedule 6

After “award‑based transitional instrument”, insert “, other than a State reference public sector transitional award,”.

After Schedule 6

Insert:
Schedule 6A—State reference public sector modern awards

Part 1—Preliminary

Meanings of employer and employee

In this Schedule, employer and employee have their ordinary meanings.
Part 2—The State reference public sector transitional award modernisation process
Division 1—State reference public sector transitional awards
2
State reference public sector transitional awards
(1) A State reference public sector transitional award is a State reference transitional award or common rule in relation to which the following conditions are satisfied:
(a)
the only employers that are expressed to be covered by the award or common rule are one or more specified State reference public sector employers;
(b)
the only employees who are expressed to be covered by the award or common rule are specified State reference public sector employees of those employers.
Note: State reference transitional awards and common rules are continued in existence as transitional instruments by Schedule 3.
(2) A State reference public sector employee is a State reference employee who is a State public sector employee as defined in section 30A of the FW Act.
(3) A State reference public sector employer is a State reference employer that is a State public sector employer as defined in section 30A of the FW Act.

(4) If:

(a)
a State reference transitional award or common rule (the current award) covers one or more State reference public sector employers, and State reference public sector employees of those employers; and
(b)
the current award also covers:
(i)
other employees of those employers; or
(ii)
other employers, and employees of those other employers;
then, for the purposes of this Act, the current award is taken instead to constitute 2 separate State reference transitional awards or common rules as follows:
(c)
a State reference public sector transitional award covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (a); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (a)—that organisation in relation to those employers or employees; and
(d)
a State reference transitional award or a State reference common rule (as the case requires) covering:
(i)
the employers, and the employees of those employers, referred to in paragraph (b); and
(ii)
if the current award covers an organisation, in relation to certain employers or employees referred to in paragraph (b)—that organisation in relation to those employers or employees.
Division 2—The State reference public sector transitional award modernisation process
3
The State reference public sector transitional award modernisation process
(1) The State reference public sector transitional award modernisation process is the process of making State reference public sector modern awards under this Division covering employers, employees and organisations that are covered by State reference public sector transitional awards.
(2) A State reference public sector modern award is a modern award in relation to which the following conditions are satisfied:
(a)
the only employers that are expressed to be covered by the modern award are one or more specified State reference public sector employers;
(b)
the only employees who are expressed to be covered by the modern award are specified State reference public sector employees of those employers.
(3) A State reference public sector modern award must be made by a Full Bench.
4
Making State reference public sector modern awards on application
(1) An employer or organisation that is covered by a State reference public sector transitional award (the current award) may apply to FWA for the making of a State reference public sector modern award (the proposed award).
(2) The application may be made only during the period starting on the WR Act repeal day and ending at the end of 31 December 2013.
(3) The application must specify the employers, employees and organisations (the proposed parties) proposed to be covered by the proposed award.

(4) FWA must consider the application, and must make a State reference public sector modern award covering the proposed parties if FWA is satisfied that:
(a)
the proposed parties are covered by State reference public sector transitional awards; and
(b)
the employers and organisations that are proposed parties have agreed to the making of the application.
Note: The proposed parties will cease to be covered by State reference public sector transitional awards when the State reference public sector modern award comes into operation: see item 29 of Schedule 3.
5
Terminating State reference public sector transitional awards on application
(1) An employer or organisation that is covered by a State reference public sector transitional award (the current award) may apply to FWA to terminate the current award.
(2) The application may be made only during the period starting on the WR Act repeal day and ending at the end of 31 December 2013.
(3) FWA must not terminate the current award unless FWA is satisfied that the employees who are covered by the current award will, if the current award is terminated, be covered by a modern award (other than the miscellaneous modern award) that is in operation and that is appropriate for them.
(4) In deciding whether to terminate the current award, FWA must take into account the following:
(a)
the circumstances that led to the making of the current award;
(b)
the terms and conditions of employment applying in the industry or occupation in which the persons covered by the current award operate, and the extent to which those terms and conditions are reflected in the current award;
(c)
the extent to which the current award facilitates arrangements, and provides terms and conditions of employment, referred to in paragraphs 7(2)(a) and (b);
(d)
the likely impact on the persons covered by the current award of a decision to terminate, or not to terminate, the current award;
(e)
the views of the persons covered by the current award;
(f)
any other matter prescribed by the regulations.
(5) If FWA terminates the current award, the termination operates from the day specified in the decision to terminate the current award, being a day that is not earlier than the FW (safety net provisions) commencement day.
6
Further obligation of FWA to make or vary State reference public sector modern awards at end of application period
If, at the end of the period referred to in subitem 4(2), there are one or more State reference public sector transitional awards that still cover some employers and employees, FWA must make, or (in accordance with section 168L of the FW Act) vary the coverage of, one or more State reference public sector modern awards so that all those employers and employees are covered by State reference public sector modern awards.
Note: The employers and employees will cease to be covered by the State reference public sector transitional awards when they start to be covered by a State reference public sector modern award that is in operation: see item 29 of Schedule 3.
7
The State reference public sector modern awards objective
(1) If FWA is required by item 4 or 6 to make a State reference public sector modern award, the modern awards objective and the minimum wages objective apply to the making of the modern award.
(2) However, in applying the modern awards objective and the minimum wages objective, FWA must recognise:
(a)
the need to facilitate arrangements for State reference public sector employers and State reference public sector employees that are appropriately adapted to the effective administration of a State; and
(b)
that State reference public sector modern awards may provide terms and conditions tailored to reflect employment arrangements that have been developed in relation to State reference public sector employers and State reference public sector employees.
This is the State reference public sector modern awards objective.
Note 1: See also item 13 (State reference public sector transitional award modernisation process is not intended to result in reduction in take‑home pay).
Note 2: See also item 19 (how the FW Act applies in relation to the State reference public sector transitional award modernisation process before the FW (safety net provisions) commencement day).
8
Terms of State reference public sector modern awards
(1) Division 3 (other than sections 143 and 154) of Part 2‑3 of the FW Act (which deals with terms of modern awards) applies in relation to a State reference public sector modern award made under this Division.
Note: See also item 19 (how the FW Act applies in relation to the State reference public sector transitional award modernisation process before the FW (safety net provisions) commencement day).
(2) If FWA makes a State reference public sector modern award before the FW (safety net provisions) commencement day, the State reference public sector modern award must not be expressed to commence on a day earlier than the FW (safety net provisions) commencement day.

Coverage terms

Coverage terms must be included
(1) A State reference public sector modern award must include terms (coverage terms) setting out, in accordance with this item, the employers, employees and organisations that are covered by the State reference public sector modern award.
Employers and employees

(2) The coverage terms must be such that:

(a)
the only employers that are expressed to be covered by the modern award are one or more specified State reference public sector employers; and
(b)
the only employees who are expressed to be covered by the modern award are specified State reference public sector employees of those employers.
Organisations
(3) A State reference public sector modern award may be expressed to cover one or more specified organisations, in relation to:
(a)
all or specified employees covered by the modern award; or
(b)
the employer, or all or specified employers, covered by the modern award.
Outworker entities
(4) A State reference public sector modern award must not be expressed to cover outworker entities.
How coverage etc. is expressed

(5) For the purposes of this item:

(a) an employer or employers may be specified by name or by inclusion in a specified class or specified classes; and
(b)
employees must be specified by inclusion in a specified class or specified classes; and
(c)
organisations must be specified by name.
10
Variation and termination of State reference public sector transitional awards to take account of the modernisation process
(1) If a State reference public sector modern award completely replaces a State reference public sector transitional award, the transitional award terminates when the modern award comes into operation.
(2) If a State reference public sector modern award partially replaces a State reference public sector transitional award, FWA must, as soon as practicable after the modern award comes into operation, vary the transitional award so that employees who are covered by the modern award are no longer covered by the transitional award.

(3) For the purposes of this item:

(a)
the modern award completely replaces the transitional award if all the employees who are covered by the transitional award become covered by the modern award when it comes into operation; and
(b)
the modern award partially replaces the transitional award if only some of the employees who are covered by the transitional award become covered by the modern award when it comes into operation.
Note: This item does not limit the effect of any other provision of this Act under which a transitional instrument (a State reference public sector transitional award is a transitional instrument) ceases to cover a person from a time earlier than when the instrument is terminated or varied under this item.
11
Notification of the cut‑off for the State reference public sector transitional award modernisation process
(1) FWA must, at least 6 months before the end of the period specified in subitem 4(2), advise any persons still covered by a State reference public sector transitional award:
(a)
that the period for making applications under items 4 and 5 ends on 31 December 2013; and
(b)
that FWA will, at the end of that period, commence the State reference public sector transitional award modernisation process in relation to the transitional award for any employees and employers who are still covered by the transitional award at that time.
(2) FWA may give that advice by any means it considers appropriate.
(3) Section 625 of the FW Act (which deals with delegation by the President of functions and powers of FWA) has effect as if subsection (2) of that section included a reference to FWA’s functions and powers under this item.

Regulations dealing with other matters

The regulations may deal with other matters relating to the State reference public sector transitional award modernisation process.

Division 3—Avoiding reductions in take‑home pay

13
State reference public sector transitional award modernisation process is not intended to result in reduction in take‑home pay
(1) The State reference public sector transitional award modernisation process is not intended to result in a reduction in the take‑home pay of employees.
(2) An employee’s take‑home pay is the pay an employee actually receives:
(a)
including wages and incentive‑based payments, and additional amounts such as allowances and overtime; but
(b)
disregarding the effect of any deductions that are made as permitted by section 324 of the FW Act.
Note: Deductions permitted by section 324 of the FW Act may (for example) include deductions under salary sacrificing arrangements.
(3) An employee suffers a modernisation‑related reduction in take‑home pay if, and only if:
(a)
a State reference public sector modern award made in the State reference public sector transitional award modernisation process starts to apply to the employee when the modern award comes into operation; and
(b)
the employee is employed in the same position as (or a position that is comparable to) the position he or she was employed in immediately before the State reference public sector modern award came into operation; and
(c)
the amount of the employee’s take‑home pay for working particular hours or for a particular quantity of work after the State reference public sector modern award comes into operation is less than what would have been the employee’s take‑home pay for those hours or that quantity of work immediately before the modern award came into operation; and
(d)
that reduction in the employee’s take‑home pay is attributable to the State reference public sector transitional award modernisation process.

Orders remedying reductions in take‑home pay

(1) If FWA is satisfied that an employee, or a class of employees, to whom a State reference public sector modern award applies has suffered a modernisation‑related reduction in take‑home pay, FWA may make any order (a take‑home pay order) requiring, or relating to, the payment of an amount or amounts to the employee or employees that FWA considers appropriate to remedy the situation.
(2) FWA may make a take‑home pay order only on application by:
(a)
an employee who has suffered a modernisation‑related reduction in take‑home pay; or
(b)
an organisation that is entitled to represent the industrial interests of such an employee; or
(c)
a person acting on behalf of a class of such employees.
(3) If FWA is satisfied that an application for a take‑home pay order has already been made in relation to an employee or a class of employees, FWA may dismiss any later application that is made under these provisions in relation to the same employee or employees.
15
Ensuring that take‑home pay orders are confined to the circumstances for which they are needed
(1) FWA must not make a take‑home pay order in relation to an employee or class of employees if:
(a)
FWA considers that the modernisation‑related reduction in take‑home pay is minor or insignificant; or
(b)
FWA is satisfied that the employee or employees have been adequately compensated in other ways for the reduction.
(2) FWA must ensure that a take‑home pay order is expressed so that:
(a)
it does not apply to an employee unless the employee has actually suffered a modernisation‑related reduction in take‑home pay; and
(b)
if the take‑home pay payable to the employee under the State reference public sector modern award increases after the order is made, there is a corresponding reduction in any amount payable to the employee under the order.
16
Take‑home pay order continues to have effect so long as State reference public sector modern award continues to cover the employee or employees
A take‑home pay order made in relation to an employee or class of employees to whom a particular State reference public sector modern award applies continues to have effect in relation to those employees (subject to the terms of the order) for so long as the State reference public sector modern award continues to cover the employee or employees, even if it stops applying to the employee or employees because an enterprise agreement starts to apply.
17
Inconsistency with State reference public sector modern awards and enterprise agreements
A term of a State reference public sector modern award or an enterprise agreement has no effect in relation to an employee to the extent that it is less beneficial to the employee than a term of a take‑home pay order that applies to the employee.
18
Application of provisions of FW Act to take‑home pay orders
The FW Act applies as if the following provisions of that Act included a reference to a take‑home pay order:
(a)
subsection 675(2);
(b)
subsection 706(2).
Note: For compliance with take‑home pay orders, see item 7 of Schedule 16.

Division 4—Application of the FW Act

19
How the FW Act applies to the modernisation process before the FW (safety net provisions) commencement day
For the purposes of making a State reference public sector modern award before the FW (safety net provisions) commencement day, the following provisions of the FW Act apply as if they had already commenced:
(a)
Part 2‑2 (which deals with the National Employment Standards);
(b)
section 134 (which deals with the modern awards objective);
(c)
Division 3 of Part 2‑3 (which deals with terms of modern awards);
(d)
section 284 (which deals with the minimum wages objective);
(e)
any provisions that are necessary for the effectual operation of the provisions referred to in paragraphs (a) to (d).
20
How the FW Act applies to modern awards made in the State reference public sector transitional award modernisation process
(1) A State reference public sector modern award made under Division 2 is, for the purposes of the FW Act (and any other law), taken to be a modern award (being a State reference public sector modern award) within the meaning of that Act from the day on which the State reference public sector modern award is made.
(2) Section 49 of the FW Act does not apply for the purpose of determining when the State reference public sector modern award comes into operation. Instead, the modern award comes into operation on the day on which it is expressed to commence, being a day that is not earlier than the day on which the modern award is made.
(3) The regulations may deal with other matters relating to how the FW Act applies in relation to State reference public sector modern awards.

Division 2Other amendments related to State reference public sector modern awards

Fair Work Act 2009

52
Section 12 (at the end of the definition of award modernisation process)
add:
; and (c)
the State reference public sector transitional award modernisation process provided for by Part 2 of Schedule 6A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
53
Section 12 (at the end of the definition of coverage terms)
add:
; and (c)
in relation to a State reference public sector modern award: see section 143B.

Section 12

Insert:
State reference public sector employee: see subsection 168E(3).

Section 12

Insert:
State reference public sector employer: see subsection 168E(4).

Section 12

Insert:
State reference public sector modern award: see subsection 168E(2).

Section 12

Insert:
State reference public sector modern awards objective: see section 168F.

At the end of subsection 49(3)

Insert:
Note: For when a State reference public sector modern award comes into operation, see section 168J.
59
Section 132 (after the paragraph relating to Division 7)
Insert:
Division 8 contains additional provisions relating to State reference public sector modern awards.

At the end of section 143

Add:
State reference public sector modern awards
(10)
A modern award (other than a State reference public sector modern award) must be expressed not to cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009), or employers in relation to those employees.
(11)
This section does not apply to State reference public sector modern awards.
Note: The heading to section 143 is altered by adding at the end “and State reference public sector modern awards”.

After section 143A

Insert:

143BCoverage terms of State reference public sector modern awards

Coverage terms must be included
(1)
A State reference public sector modern award must include terms (coverage terms) setting out, in accordance with this section, the employers, employees and organisations that are covered by the modern award.
Employers and employees
(2)
The coverage terms must be such that:
(a)
the only employers that are expressed to be covered by the modern award are one or more specified State reference public sector employers; and
(b)
the only employees who are expressed to be covered by the modern award are specified State reference public sector employees of those employers.
Organisations
(3)
A State reference public sector modern award may be expressed to cover one or more specified organisations, in relation to:
(a)
all or specified employees covered by the modern award; or
(b)
the employer, or all or specified employers, covered by the modern award.
Outworker entities
(4)
A State reference public sector modern award must not be expressed to cover outworker entities.
How coverage etc. is expressed
(5)
For the purposes of this section:
(a) an employer or employers may be specified by name or by inclusion in a specified class or specified classes; and
(b)
employees must be specified by inclusion in a specified class or specified classes; and
(c)
organisations must be specified by name.

At the end of Part 2‑3

Add:

Division 8—Additional provisions relating to State reference public sector modern awards

168EState reference public sector modern awards

(1)
This Division contains additional provisions that relate to State reference public sector modern awards. The provisions in this Division have effect despite anything else in this Part.
(2)
A State reference public sector modern award is a modern award in relation to which the following conditions are satisfied:
(a)
the only employers that are expressed to be covered by the modern award are one or more specified State reference public sector employers;
(b)
the only employees who are expressed to be covered by the modern award are specified State reference public sector employees of those employers.
(3)
A State reference public sector employee is an employee:
(a)
who is a national system employee only because of section 30C; and
(b)
who is a State public sector employee as defined in section 30A.
(4)
A State reference public sector employer is an employer:
(a)
that is a national system employer only because of section 30D; and
(b)
that is a State public sector employer as defined in section 30A.

168FThe State reference public sector modern awards objective

The State reference public sector modern awards objective
(1)
FWA must recognise:
(a)
the need to facilitate arrangements for State reference public sector employers and State reference public sector employees that are appropriately adapted to the effective administration of a State; and
(b)

that State reference public sector modern awards may provide terms and conditions tailored to reflect employment arrangements that have been developed in relation to State reference public sector employers and State reference public sector employees.
This is the State reference public sector modern awards objective.
When does the State reference public sector modern awards objective apply?
(2)
The State reference public sector modern awards objective applies to the performance of FWA’s functions or powers under this Act, so far as they relate to State reference public sector modern awards.
References to the modern awards objective
(3)
A reference to the modern awards objective in this Act, other than section 134, is taken to include a reference to the State reference public sector modern awards objective.

168GMaking State reference public sector modern awards on application

(1)
FWA may make a State reference public sector modern award (the proposed award) only on application under section 158 by:
(a)
a State reference public sector employer; or
(b)
an organisation that is entitled to represent the industrial interests of a State reference public sector employer or of a State reference public sector employee.
(2)
The application must specify the employers, employees and organisations (the proposed parties) proposed to be covered by the proposed award.
(3)
FWA must consider the application, and must make a State reference public sector modern award covering the proposed parties if FWA is satisfied that:
(a)
the employers and organisations that are proposed parties have agreed to the making of the application; and
(b)
either:
(i) none of the employers and employees that are proposed parties are already covered by a State reference public sector modern award; or
(ii)
if there are employers and employees that are proposed parties and that are already covered by a State reference public sector modern award (the current award)—it is appropriate (in accordance with section 168L) to vary the coverage of the current award so that the employers or employees cease to be covered by the current award.
(4)
FWA must not make a State reference public sector modern award otherwise than in accordance with this Division or in accordance with Part 2 of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

168HState reference public sector modern awards may contain State‑based differences

Section 154 (which deals with terms that contain State‑based differences) does not apply in relation to State reference public sector modern awards.

168JWhen State reference public sector modern awards come into operation

Section 49 does not apply for the purpose of determining when a State reference public sector modern award comes into operation. Instead, the modern award comes into operation on the day on which it is expressed to commence, being a day that is not earlier than the day on which the modern award is made.

168KRules about revoking State reference public sector modern awards

(1)
FWA may make a determination revoking a State reference public sector modern award only on application under section 158 by:
(a)
a State reference public sector employer; or
(b)
an organisation that is entitled to represent the industrial interests of a State reference public sector employer or of a State reference public sector employee.
(2)
FWA must not make a determination revoking a State reference public sector modern award unless FWA is satisfied that:
(a)
the modern award is obsolete or no longer capable of operating; or
(b)
all the employees covered by the modern award will, when the revocation comes into operation, be covered by a different modern award (other than the miscellaneous modern award) that is appropriate for them.
(3)
In deciding whether to revoke a State reference public sector modern award, FWA must take into account the following:
(a)
the circumstances that led to the making of the modern award;
(b)
the terms and conditions of employment applying in the industry or occupation in which the persons covered by the modern award operate, and the extent to which those terms and conditions are reflected in the modern award;
(c)
the extent to which the modern award facilitates arrangements, and provides terms and conditions of employment, referred to in paragraphs 168F(1)(a) and (b);
(d)
the likely impact on the persons covered by the modern award of a decision to revoke, or not to revoke, the modern award;
(e)
the views of the persons covered by the modern award;
(f)
any other matter prescribed by the regulations.

168LRules about varying coverage of State reference public sector modern awards

(1)
FWA may make a determination varying the coverage of a State reference public sector modern award only on application under section 158 by:
(a)
a State reference public sector employer; or
(b)
an organisation that is entitled to represent the industrial interests of a State reference public sector employer or of a State reference public sector employee.
(2)
FWA must not make a determination varying the coverage of a State reference public sector modern award so that it ceases to be a State reference public sector modern award.
(3)
In deciding whether to make a determination varying the coverage of a State reference public sector modern award in some other way, FWA must take into account the following:
(a)
the circumstances that led to the making of the modern award;
(b)
the terms and conditions of employment applying in the industry or occupation in which the persons covered, or proposed to be covered, by the modern award operate, and the extent to which those terms and conditions are reflected in the modern award;
(c)
the likely impact on the persons covered, or proposed to be covered, by the modern award of a decision to make, or not make, the variation;
(d)
if the variation would result in the modern award covering one or more additional classes of employers or employees—whether it is appropriate for that modern award to cover those classes of employers or employees, as well as the classes of employers and employees that it already covers;
(e)
the views of the persons covered, or proposed to be covered, by the modern award;
(f)
any other matter prescribed by the regulations.

Subsection 292(1)

After “modern enterprise award” (wherever occurring), insert “or a State reference public sector modern award”.

Schedule 3Other amendments of the Fair Work Act 2009

Section 12

Insert:
connected with a Territory: an arrangement for work to be performed for a person (either directly or indirectly) is connected with a Territory if one or more of the following apply:
(a)
at the time the arrangement is made, one or more parties to the arrangement is in a Territory in Australia;
(b)
the work is to be performed in such a Territory;
(c)
the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is reasonably likely to be performed in that Territory;
(d)
the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is to be performed in connection with that activity.
Note: In this context, Australia includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of the Acts Interpretation Act 1901).
2
Section 12 (paragraph (e) of the definition of outworker entity)
Omit “who carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia,”.
3
Section 12 (subparagraph (e)(iii) of the definition of outworker entity)
Repeal the subparagraph, substitute:
(iii)
the arrangement is connected with a Territory.

Subparagraph 27(1)(d)(i)

Repeal the subparagraph, substitute:
(i)
any law referred to in subsection (1A); or

Schedule 4Agriculture, Fisheries and Forestry

Australian Meat and Live‑stock Industry (Repeals and Consequential Provisions) Act 1997

Item 23 of Schedule 5 (definition of award)

Repeal the definition.

Dairy Industry Service Reform Act 2003

Subsection 22(2) (definition of award)

Repeal the definition.

Subsection 38(2) (definition of award)

Repeal the definition.

Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000

Subsection 4(1) (definition of award)

Repeal the definition.

Pig Industry Act 2001

Section 7 (definition of award)

Repeal the definition.

Schedule 5Attorney‑GeneralPart 1General consequential amendments

Age Discrimination Act 2004

1
Section 5 (paragraph (c) of the definition of Commonwealth law)
Omit “or award”, substitute “, determination or award”.
2
Subsection 23(3) (definition of registered organisation)
Omit “within the meaning of Schedule 1B to the Workplace Relations Act 1996”, substitute “registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009”.
Note: The heading to section 23 is altered by omitting “Schedule 1B to the Workplace Relations Act 1996” and substituting “the Fair Work (Registered Organisations) Act 2009”.
3
Subsection 36(2) (definition of registered organisation)
Omit “within the meaning of Schedule 1B to the Workplace Relations Act 1996”, substitute “registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009”.

Australian Capital Territory (Self‑Government) Act 1988

Section 28 (note)

Omit “Section 17 of the Workplace Relations Act 1996”, substitute “Sections 29 and 40 of the Fair Work Act 2009”.

Australian Crime Commission Act 2002

5
Subsection 19A(8) (definition of prescribed agency)
Omit “the Australian Industrial Relations Commission”, substitute “Fair Work Australia”.

Schedule 1

Insert the following entry in its appropriate alphabetical position (determined on a letter‑by‑letter basis):
Fair Work (Registered Organisations) Act 2009, section 356

Schedule 1

Omit “Workplace Relations Act 1996, section 355, and section 356 of Schedule 1B”.

Australian Federal Police Act 1979

8
Subsection 4(1) (definition of collective agreement)
Repeal the definition.
9
Subsection 27(4) (definition of industrial instrument)
Omit all the words from and including “any” to and including “an AWA.”, substitute “an award, determination or industrial agreement made under the Fair Work Act 2009 or continued in existence by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (see item 2 of Schedule 3 to that Act).”.

Subsection 27(4) (note)

Omit “, within the meaning given by the Workplace Relations Act 1996”, substitute “(within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009: see item 4 of Schedule 2 to that Act) or under the National Employment Standards (within the meaning of the Fair Work Act 2009)”.

Section 28 (note)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Subparagraph 40J(1)(ab)(i)

Omit “certified agreement or collective agreement”, substitute “industrial agreement (however described)”.

Subsection 69B(1)

Omit “Workplace Relations Act 1996 (other than Division 9 of Part 9 or Part 16)”, substitute “Fair Work Act 2009 (other than Part 3‑1 or Division 9 of Part 3‑3)”.
Note: The heading to section 69B is altered by omitting “Workplace Relations Act” and substituting “Fair Work Act”.

Paragraph 69B(1)(b)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Subsection 69B(2)

Omit “Workplace Relations Act 1996 (other than Division 4 of Part 12)”, substitute “Fair Work Act 2009 (other than Parts 3‑1, 3‑2, 6‑1 and 6‑4, and Division 2 of Part 3‑6)”.

Subsection 69B(3)

Omit “Workplace Relations Act 1996” (wherever occurring), substitute “Fair Work Act 2009”.

Bankruptcy Act 1966

Subsection 5(1)

Insert:
industrial instrument means:
(a)
a law of the Commonwealth, a State or a Territory regulating conditions of employment; or
(b)
an award, determination or agreement made under such a law.

Paragraph 109(1)(e)

Omit “an award or agreement, regulating conditions of employment, or the Australian Fair Pay and Conditions Standard (within the meaning given by the Workplace Relations Act 1996)”, substitute “an industrial instrument”.

Subparagraph 139Y(1)(b)(i)

Repeal the subparagraph, substitute:
(i)
in the case of employment where an industrial instrument prescribes rates or minimum rates of salary or wages for the employment—might reasonably be expected to be or to have been received by the bankrupt in respect of the employment by virtue of the industrial instrument; or

Crimes Act 1914

20
Section 85ZL (subparagraphs (c)(ii) and (iii) of the definition of Commonwealth authority)
Repeal the subparagraphs, substitute:
(ii)
an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009, or a branch of such an organisation or association;

Criminal Code Act 1995

21
Dictionary in the Criminal Code (subparagraphs (a)(vi) and (vii) of the definition of Commonwealth authority)
Repeal the subparagraphs.
22
Dictionary in the Criminal Code (after paragraph (aa) of the definition of Commonwealth authority)
Insert:
(ab)
an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009; or
23
Dictionary in the Criminal Code (paragraph (n) of the definition of Commonwealth public official)
After “individual”, insert “(other than an official of a registered industrial organisation)”.
24
Dictionary in the Criminal Code (subparagraphs (n)(vi) and (vii) of the definition of Commonwealth public official)
Repeal the subparagraphs.
25
Dictionary in the Criminal Code (paragraph (r) of the definition of Commonwealth public official)
After “individual”, insert “(other than an official of a registered industrial organisation)”.
26
Dictionary in the Criminal Code (subparagraph (r)(vi) of the definition of Commonwealth public official)
Repeal the subparagraph.

Dictionary in the Criminal Code

Insert:
official of a registered industrial organisation means a person who holds an office (within the meaning of the Fair Work Act 2009) in an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.

Disability Discrimination Act 1992

28
Subsection 4(1) (paragraph (c) of the definition of Commonwealth law)
Omit “(b); or”, substitute “(b).”.
29
Subsection 4(1) (paragraph (d) of the definition of Commonwealth law)
Repeal the paragraph.
30
Subsection 4(1) (definition of registered organisation)
Repeal the definition, substitute:
registered organisation means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.
Note: The heading to section 20 is altered by omitting “Schedule 1B to the Workplace Relations Act 1996” and substituting “the Fair Work (Registered Organisations) Act 2009”.

Paragraph 21A(4)(b)

Omit “Workplace Relations Act 1996”, substitute “Fair Work (Registered Organisations) Act 2009”.

Human Rights and Equal Opportunity Commission Act 1986

32
Subsection 3(1) (paragraph (a) of the definition of trade union)
Repeal the paragraph, substitute:
(a)
an association of employees that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009; or

Judges’ Pensions Act 1968

33
Subsection 4(1) (paragraph (a) of the definition of appropriate current judicial salary)
Omit “or (d)”, substitute “, (d) or (e)”.
34
Subsection 4(1) (paragraph (a) of the definition of appropriate current judicial salary)
Omit “died;”, substitute “died; and”.
35
Subsection 4(1) (paragraph (b) of the definition of appropriate current judicial salary)
Omit “Australia;”, substitute “Australia; and”.
36
Subsection 4(1) (at the end of the definition of appropriate current judicial salary)
Add:
; and (e)
in the case of a Judge who was a Presidential Member of the Australian Industrial Relations Commission—the salary that would be payable to the Judge if section 79 of the Workplace Relations Act 1996 (as in force immediately before the repeal of that section) continued to apply in relation to the Judge.

Paragraph 20(2)(a)

Omit “presidential members of the Australian Industrial Relations Commission—to the Industrial Registrar”, substitute “persons who were Presidential Members of the Australian Industrial Relations Commission or the President of Fair Work Australia—to the General Manager of Fair Work Australia”.

Judiciary Act 1903

Subsection 39B(2)

Omit all the words from and including “reference to” to and including “Australia.”, substitute “reference to a Judge or Judges of the Family Court of Australia.”.

Jurisdiction of Courts (Cross‑vesting) Act 1987

After paragraph 4(4)(aa)

Insert:
(ab)
the Fair Work Act 2009; or
(ac)
the Fair Work (Registered Organisations) Act 2009; or
(ad)
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

Jury Exemption Act 1965

The Schedule

Omit “Members of the Australian Industrial Relations Commission”, substitute “Members of Fair Work Australia”.

The Schedule

Omit “Members of the Australian Fair Pay Commission”.

Legislative Instruments Act 2003

Subsection 7(1) (table items 18, 18A and 19)

Repeal the items, substitute:

18	Fair work instruments (within the meaning of the Fair Work Act 2009)
18A	Transitional instruments (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009)
19	Decisions and orders of Fair Work Australia
19A	Orders made by the Australian Industrial Relations Commission in proceedings under the Workplace Relations Act 1996 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
19B	Decisions of the Australian Fair Pay Commission

Northern Territory (Self‑Government) Act 1978

Subsections 53(3) and (4)

Omit “the Australian Industrial Relations Commission”, substitute “Fair Work Australia”.
Note: The heading to section 53 is altered by omitting “Workplace Relations Act 1996” and substituting “Fair Work Act 2009”.

Subsection 53(4)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Subsection 53(4)

Omit “the Commission”, substitute “Fair Work Australia”.

After subsection 53(6)

Insert:
Note: See section 40 of the Fair Work Act 2009 and regulations made under subsection (2) of that section for the interaction between determinations made under paragraph (6)(b) of this section and fair work instruments (within the meaning of that Act).

Subsection 53(7)

Repeal the subsection.

Seat of Government (Administration) Act 1910

Subsections 5(3) and (4)

Omit “the Australian Industrial Relations Commission”, substitute “Fair Work Australia”.
Note: The heading to section 5 is altered by omitting “Workplace Relations Act 1996” and substituting “Fair Work Act 2009”.

Subsection 5(4)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Subsection 5(4)

Omit “the Commission”, substitute “Fair Work Australia”.

Subsection 5(5)

Repeal the subsection.

Sex Discrimination Act 1984

52
Subsection 4(1) (definition of committee of management)
Omit “organization” (wherever occurring), substitute “organisation”.
53
Subsection 4(1) (paragraph (c) of the definition of Commonwealth law)
Omit “(b); or”, substitute “(b).”.
54
Subsection 4(1) (paragraph (d) of the definition of Commonwealth law)
Repeal the paragraph.

Subsection 4(1)

Insert:
registered organisation means an organisation registered, or an association recognised, under the Fair Work (Registered Organisations) Act 2009.
56
Subsection 4(1) (definition of registered organization)
Repeal the definition.
57
Subsection 4(1) (paragraph (b) of the definition of voluntary body)
Omit “organization”, substitute “organisation”.

Section 19

Omit “organization” (wherever occurring), substitute “organisation”.
Note: The heading to section 19 is altered by omitting “Schedule 1B to the Workplace Relations Act 1996” and substituting “the Fair Work (Registered Organisations) Act 2009”.

Section 109

Repeal the section.

Part 2Amendments relating to discrimination in compliance with industrial instruments and lawsDivision 1General

Age Discrimination Act 2004

Paragraph 39(8)(a)

Omit “decision”, substitute “determination”.

Schedule 14Innovation, Industry, Science and ResearchPart 1Consequential amendments

Independent Contractors Act 2006

Section 4

Insert:
Fair Work Inspector has the same meaning as in the Fair Work Act 2009.

Section 4 (definition of organisation)

Repeal the definition, substitute:
organisation means an organisation that is registered or an association that is recognised under the Fair Work (Registered Organisations) Act 2009.

Section 4 (definition of workplace inspector)

Repeal the definition.
4
Section 6 (definition of State or Territory industrial law)
Repeal the definition, substitute:
State or Territory industrial law has the same meaning as in the Fair Work Act 2009.

Subparagraph 8(1)(h)(i)

Repeal the subparagraph, substitute:
(i)
the Fair Work Act 2009; or
(ia)
the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

Subparagraph 9(1)(e)(i)

Repeal the subparagraph, substitute:
(i)
the Fair Work Act 2009; or
(ia)
the Workplace Relations Act 1996, as in force at any time before the WR Act repeal day, or as that Act applies after that day because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; or

Subparagraph 9(1)(e)(iii)

After “(i)”, insert “, (ia)”.

At the end of section 9

Add:
(3)
In this section:
WR Act repeal day has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Paragraph 34(5)(a)

Repeal the paragraph, substitute:
(a)
a Fair Work Inspector; or

Subsection 34(7)

Omit “Division 3 of Part 14 of the Workplace Relations Act 1996”, substitute “Division 4 of Part 4‑1 of the Fair Work Act 2009”.

Part 2Transitional provision

Transitional provision

Despite the amendment of subsection 34(7) of the Independent Contractors Act 2006 made by item 10, Division 3 of Part 14 of the Workplace Relations Act 1996, as in force immediately before the commencement of this item, continues to have effect on and after that commencement in relation to a breach, or suspected breach, of subsection 34(1) or (2) of the Independent Contractors Act 2006 that was committed before the commencement of this item.

Schedule 15Parliamentary ServicePart 1Consequential amendments

Parliamentary Service Act 1999

Section 7 (definition of APCS)

Repeal the definition.
2
Section 7 (definition of Australian Fair Pay and Conditions Standard)
Repeal the definition, substitute:
Australian Fair Pay and Conditions Standard has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Note: See Schedules 4 and 9 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 in relation to the application of the Australian Fair Pay and Conditions Standard.

Section 7 (definition of AWA)

Repeal the definition.

Section 7 (definition of award)

Repeal the definition.

Section 7 (definition of collective agreement)

Repeal the definition.

Section 7

Insert:
enterprise agreement has the same meaning as in the Fair Work Act 2009.

Section 7

Insert:
fair work instrument has the same meaning as in the Fair Work Act 2009.

Section 7

Insert:
modern award has the same meaning as in the Fair Work Act 2009.

Section 7

Insert:
National Employment Standards has the same meaning as in the Fair Work Act 2009.

Section 7 (definition of pre‑reform AWA)

Repeal the definition.
11
Section 7 (definition of pre‑reform certified agreement)
Repeal the definition.

Section 7 (definition of workplace agreement)

Repeal the definition.

Section 7

Insert:
WR Act collective transitional instrument means an award, a collective agreement or a pre‑reform certified agreement (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).

Section 7

Insert:
WR Act transitional instrument means an award, a workplace agreement, a pre‑reform certified agreement, an AWA or a pre‑reform AWA (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).

Subsection 8(1)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.
Note: The heading to section 8 is replaced by the heading “Relationship with Fair Work Acts”.

Subsection 8(2)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.

Subsection 23(2)

Repeal the subsection, substitute:
(2)
The Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of:
(a)
a modern award, as in force at a particular time or as in force from time to time; or
(b)
a transitional APCS, as in force at a particular time or as in force from time to time.

Subsection 23(5)

Repeal the subsection, substitute:
(5)
If a relevant industrial instrument contains procedures to be followed when reducing the classification, then a reduction is of no effect unless those procedures are followed.
(6)
In this section:
industrial instrument means:
(a)
a modern award; or
(b)
an enterprise agreement; or
(c)
a workplace determination; or
(d)
a WR Act transitional instrument; or
(e)
a transitional APCS.
transitional APCS has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
workplace determination has the same meaning as in the Fair Work Act 2009.

Subsections 24(1) and (2)

Repeal the subsections, substitute:
(1)
A Secretary may from time to time determine in writing the remuneration and other terms and conditions of employment applying to a Parliamentary Service employee or Parliamentary Service employees in the relevant Department.
Note 1: Certain terms and conditions of employment are applicable to a Parliamentary Service employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards.
Note 2: Other Commonwealth laws deal with matters such as superannuation, compensation, long service leave and maternity leave.
(1A)
A determination under subsection (1) is of no effect to the extent that it would reduce the benefit to a Parliamentary Service employee of an individual term or condition applicable to the employee under:
(a)
a fair work instrument; or
(b)
a WR Act transitional instrument.
Note: A determination under subsection (1) would also be of no effect to the extent that it would reduce the benefit to a Parliamentary Service employee of a term or condition applicable to the employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards.
(2)
A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of:
(a)
a fair work instrument; or
(b)
a WR Act collective transitional instrument;
as in force from time to time.
Note: A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of the Australian Fair Pay and Conditions Standard or the National Employment Standards. However, any modification of the provisions of those Standards by a determination under subsection (1) would be of no effect to the extent that it would reduce the benefit to a Parliamentary Service employee of a term or condition applicable to the employee under those Standards.

Subsection 24(4)

Repeal the subsection, substitute:
(4)
The limitation in subsection (1A) does not apply in relation to a determination under subsection (3).
(5)
A determination under subsection (3) overrides the following, to the extent of any inconsistency:
(a)
a determination under subsection (1);
(b)
the Australian Fair Pay and Conditions Standard;
(c)
the National Employment Standards.

Subsection 29(1) (note)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Part 2Saving provision

22
Saving provision—determinations under subsection 24(1)
If a determination made by a Secretary under subsection 24(1) of the Parliamentary Service Act 1999 was in force immediately before the commencement of this Schedule, the determination continues in force on and after that commencement as if it had been made under subsection 24(1) of that Act, as amended by this Schedule.

Schedule 16Prime Minister and CabinetPart 1Consequential amendments

Privacy Act 1988

1
Subsection 6(1) (subparagraph (c)(ii) of the definition of agency)
Repeal the subparagraph, substitute:
(ii)
an organisation that is registered under the Fair Work (Registered Organisations) Act 2009 or a branch of such an organisation; or

After subsection 6E(1A)

Insert:
Small business operator that is a protected action ballot agent under the Fair Work Act 2009
(1B)
If a small business operator is the protected action ballot agent for a protected action ballot conducted under Part 3‑3 of the Fair Work Act 2009, this Act applies, with the prescribed modifications (if any), in relation to the activities carried on by the small business operator for the purpose of, or in connection with, the conduct of the protected action ballot, as if the small business operator were an organisation.
Note: The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901.
Small business operator that is an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009
(1C)
If a small business operator is an association of employees that is registered or recognised under the Fair Work (Registered Organisations) Act 2009, this Act applies, with the prescribed modifications (if any), in relation to the activities carried on by the small business operator, as if the small business operator were an organisation (within the meaning of this Act).
Note: The regulations may prescribe different modifications of the Act for different small business operators. See subsection 33(3A) of the Acts Interpretation Act 1901.

Subsection 6E(3)

Insert:
protected action ballot agent means a person (other than the Australian Electoral Commission) that conducts a protected action ballot under Part 3‑3 of the Fair Work Act 2009.
Note: The heading to subsection 6E(3) is replaced by the heading “Definitions”.

Public Service Act 1999

Section 7 (definition of APCS)

Repeal the definition.
5
Section 7 (definition of Australian Fair Pay and Conditions Standard)
Repeal the definition, substitute:
Australian Fair Pay and Conditions Standard has the same meaning as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Note: See Schedules 4 and 9 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 in relation to the application of the Australian Fair Pay and Conditions Standard.

Section 7 (definition of AWA)

Repeal the definition.

Section 7 (definition of award)

Repeal the definition.

Section 7 (definition of collective agreement)

Repeal the definition.

Section 7

Insert:
enterprise agreement has the same meaning as in the Fair Work Act 2009.

Section 7

Insert:
fair work instrument has the same meaning as in the Fair Work Act 2009.

Section 7

Insert:
modern award has the same meaning as in the Fair Work Act 2009.

Section 7

Insert:
National Employment Standards has the same meaning as in the Fair Work Act 2009.

Section 7 (definition of pre‑reform AWA)

Repeal the definition.
14
Section 7 (definition of pre‑reform certified agreement)
Repeal the definition.

Section 7 (definition of workplace agreement)

Repeal the definition.

Section 7

Insert:
WR Act collective transitional instrument means an award, a collective agreement or a pre‑reform certified agreement (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).

Section 7

Insert:
WR Act transitional instrument means an award, a workplace agreement, a pre‑reform certified agreement, an AWA or a pre‑reform AWA (within the meaning of those terms in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009).

Subsection 8(1)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.
Note: The heading to section 8 is replaced by the heading “Relationship with Fair Work Acts”.

Subsection 8(2)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009 or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.

Subsection 23(2)

Repeal the subsection, substitute:
(2)
The Classification Rules may apply, adopt or incorporate, with or without modification, any of the provisions of:
(a)
a modern award, as in force at a particular time or as in force from time to time; or
(b)
a transitional APCS, as in force at a particular time or as in force from time to time.

Subsection 23(5)

Repeal the subsection, substitute:
(5)
If a relevant industrial instrument contains procedures to be followed when reducing the classification, then a reduction is of no effect unless those procedures are followed.
(6)
In this section:
industrial instrument means:
(a)
a modern award; or
(b)
an enterprise agreement; or
(c)
a workplace determination; or
(d)
a WR Act transitional instrument; or
(e)
a transitional APCS.
transitional APCS has the meaning given by Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
workplace determination has the same meaning as in the Fair Work Act 2009.

Subsections 24(1) and (2)

Repeal the subsections, substitute:
(1)
An Agency Head may from time to time determine in writing the remuneration and other terms and conditions of employment applying to an APS employee or APS employees in the Agency.
Note 1: Certain terms and conditions of employment are applicable to an APS employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards.
Note 2: Other Commonwealth laws deal with matters such as superannuation, compensation, long service leave and maternity leave.
(1A)
A determination under subsection (1) is of no effect to the extent that it would reduce the benefit to an APS employee of an individual term or condition applicable to the employee under:
(a)
a fair work instrument; or
(b)
a WR Act transitional instrument.
Note: A determination under subsection (1) would also be of no effect to the extent that it would reduce the benefit to an APS employee of a term or condition applicable to the employee under the Australian Fair Pay and Conditions Standard or the National Employment Standards.
(2)
A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of:
(a)
a fair work instrument; or
(b)
a WR Act collective transitional instrument;
as in force from time to time.
Note: A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of the Australian Fair Pay and Conditions Standard or the National Employment Standards. However, any modification of the provisions of those Standards by a determination under subsection (1) would be of no effect to the extent that it would reduce the benefit to an APS employee of a term or condition applicable to the employee under those Standards.

Subsection 24(4)

Repeal the subsection, substitute:
(4)
The limitation in subsection (1A) does not apply in relation to a determination under subsection (3).
(5)
A determination under subsection (3) overrides the following, to the extent of any inconsistency:
(a)
a determination under subsection (1);
(b)
the Australian Fair Pay and Conditions Standard;
(c)
the National Employment Standards.

Subsection 29(1) (note)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Paragraphs 72(3)(a) and (b)

Repeal the paragraphs, substitute:
(a)
a fair work instrument; or
(b)
a WR Act transitional instrument; or
(c)
a determination under this Act.

Paragraph 72(4)(a)

Repeal the paragraph, substitute:
(a)
results from:
(i)
the making, variation or termination of a modern award, an enterprise agreement or a workplace determination; or
(ii)
the variation, termination or replacement of a WR Act transitional instrument; and

Subsection 72(6)

Insert:
workplace determination has the same meaning as in the Fair Work Act 2009.

Part 2Saving provision

28
Saving provision—determinations under subsection 24(1)
If a determination made by an Agency Head under subsection 24(1) of the Public Service Act 1999 was in force immediately before the commencement of this Schedule, the determination continues in force on and after that commencement as if it had been made under subsection 24(1) of that Act, as amended by this Schedule.

Schedule 17Resources, Energy and Tourism

Moomba‑Sydney Pipeline System Sale Act 1994

Subsection 3(1) (definition of award)

Repeal the definition.

Offshore Petroleum and Greenhouse Gas Storage Act 2006

2
Clause 3 of Schedule 3 (definition of registered organisation)
Omit “within the meaning of the Workplace Relations Act 1996”, substitute “registered or an association recognised under the Fair Work (Registered Organisations) Act 2009”.
3
Clause 3 of Schedule 3 (paragraph (a) of the definition of workforce representative)
Omit “a registered organisation, or a transitionally registered association (within the meaning of Schedule 10 to the Workplace Relations Act 1996)”, substitute “an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009”.
4
Clause 3 of Schedule 3 (paragraph (a) of the definition of workforce representative)
After “that organisation”, insert “or association”.
5
Clause 3 of Schedule 3 (paragraph (b) of the definition of workforce representative)
Omit “a registered organisation, or a transitionally registered association (within the meaning of Schedule 10 to the Workplace Relations Act 1996)”, substitute “an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009”.
6
Clause 3 of Schedule 3 (paragraph (b) of the definition of workforce representative)
After “that organisation”, insert “or association”.

Snowy Hydro Corporatisation Act 1997

Paragraph 23(5)(b)

Omit “as defined by section 4 of the Workplace Relations Act 1996”, substitute “within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.

Schedule 18TreasuryPart 1Consequential amendments

Commonwealth Volunteers Protection Act 2003

1
Subsection 4(1) (paragraph (b) of the definition of Commonwealth authority)
Repeal the paragraph, substitute:
(b)
an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009; or

Corporations Act 2001

Subparagraphs 764A(1)(d)(i), (e)(i) and (f)(i)

Omit “that is an organisation within the meaning of the Workplace Relations Act 1996 for a member of the organisation”, substitute “that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 for a member of the association”.

Paragraph 765A(1)(u)

Omit “that is an organisation within the meaning of the Workplace Relations Act 1996 for a member of the organisation”, substitute “that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 for a member of the association”.

Financial Sector (Business Transfer and Group Restructure) Act 1999

Subsection 43(7)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.

Fringe Benefits Tax Assessment Act 1986

Paragraph 65J(1)(f)

Omit “under the Workplace Relations Act 1996”, substitute “or recognised under the Fair Work (Registered Organisations) Act 2009”.

Income Tax Assessment Act 1997

Section 50‑15 (table item 3.1)

Omit “under the Workplace Relations Act 1996”, substitute “or recognised under the Fair Work (Registered Organisations) Act 2009”.

Paragraph 290‑80(1)(b)

Omit “given by Schedule 8 to the Workplace Relations Act 1996”, substitute “of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.

Subsection 290‑80(2) (note)

Omit all the words from and including “individual” to and including “1996”, substitute “enterprise agreement within the meaning of the Fair Work Act 2009”.

At the end of section 290‑80

Add:
(3)
For the purposes of this section, a reference to a determination does not include a reference to a workplace determination made under the Fair Work Act 2009 or the Workplace Relations Act 1996.

Income Tax (Transitional Provisions) Act 1997

Paragraph 82‑10(1)(a)

Omit all the words from and including “Workplace” to and including “7A to”, substitute “Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or an AWA within the meaning of”.

Insurance Act 1973

11
Subsection 3(1) (paragraph (e) of the definition of insurance business)
Omit all the words from and including “an organisation” to and including “1996”, substitute “registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009”.

Life Insurance Act 1995

Paragraph 11(3)(b)

Omit all the words and subparagraphs from and including “that is” to and including “1996” (second occurring), substitute “that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009”.

Superannuation Guarantee (Administration) Act 1992

Paragraph 5B(1)(a)

Omit all the words from and including “the Australian” to and including “1996”, substitute “Fair Work Australia”.
Note: The heading to section 5B is altered by omitting “Australian Industrial Relations Commission” and substituting “Fair Work Australia”.

Paragraph 5B(1)(aa)

Repeal the paragraph.

Paragraph 5B(1)(b)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.

Subsection 5B(2)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009, the Fair Work (Registered Organisations) Act 2009, or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009”.

Section 12A

Repeal the section, substitute:

12AInterpretation: references to industrial instruments

(1)
In this Act, the following expressions have the same meanings as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:
(a)
AWA;
(b)
collective agreement;
(c)
ITEA;
(d)
notional agreement preserving State awards;
(e)
old IR agreement;
(f)
pre‑reform AWA;
(g)
pre‑reform certified agreement;
(h)
preserved State agreement.
Note: For an instrument referred to in this subsection, see item 4 of Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(2)
In this Act, enterprise agreement has the same meaning as in the Fair Work Act 2009.
(3)
In this Act, workplace determination means a workplace determination made under the Fair Work Act 2009 or the Workplace Relations Act 1996.

At the end of subsection 32C(6)

Add:
; or (g)
a workplace determination; or
(h)
an enterprise agreement.
Note: The heading to subsection 32C(6) is altered by omitting “workplace agreements” and substituting “agreements and workplace determinations”.

Subsection 32C(6) (note)

Omit “Workplace Relations Act 1996”, substitute “Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009”.

Subsection 32C(6A) (note)

Omit “Workplace Relations Act 1996”, substitute “Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009”.

Subsection 32C(6B) (note)

Omit “Workplace Relations Act 1996”, substitute “Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009”.

Subsection 32C(7)

Repeal the subsection.

Superannuation Industry (Supervision) Act 1993

23
Subsection 10(1) (paragraph (c) of the definition of registered organisation)
Omit “under Schedule 1B to the Workplace Relations Act 1996”, substitute “, or recognised, under the Fair Work (Registered Organisations) Act 2009”.

Trade Practices Act 1974

Subsection 45DD(4)

Omit “an industrial instrument” (wherever occurring), substitute “a workplace instrument”.

Subsection 45DD(4)

Omit “industrial instrument have the meanings given by subsection 779(1) of the Workplace Relations Act 1996”, substitute “workplace instrument have the same meanings as in the Fair Work Act 2009”.

Subsection 45DD(8) (note)

Omit “Section 170MT of the Workplace Relations Act 1996”, substitute “Section 415 of the Fair Work Act 2009”.
27
Subsection 87AA(2) (definition of industrial authority)
Repeal the definition, substitute:
industrial authority means:
(a)
a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a law of a State to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or
(b)
a special board constituted under a law of a State relating to factories; or
(c)
any other State board, court, tribunal, body or official prescribed by the regulations for the purposes of this definition.
28
Subsection 93AB(11) (definition of trade union)
Repeal the definition, substitute:
trade union means the following:
(a)
an association of employees that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009;
(b)
an association of employees that is registered or recognised as a trade union (however described) under the law of a State or Territory;
(c)
an association of employees a principal purpose of which is the protection and promotion of the employees’ interests in matters concerning their employment.

Subclause 45DD(4) of the Schedule

Omit “an industrial instrument” (wherever occurring), substitute “a workplace instrument”.

Subclause 45DD(4) of the Schedule

Omit “, industrial dispute and industrial instrument have the meanings given by subsection 298B(1) of the Workplace Relations Act 1996”, substitute “and workplace instrument have the same meanings as in the Fair Work Act 2009”.

Subclause 45DD(6) of the Schedule (note)

Omit “Section 170MT of the Workplace Relations Act 1996”, substitute “Section 415 of the Fair Work Act 2009”.

Part 2Application provision

32
Superannuation Guarantee (Administration) Act 1992
Despite the amendments of section 5B of the Superannuation Guarantee (Administration) Act 1992 made by this Schedule, that section continues to apply, on and after the WR Act repeal day, as if those amendments had not been made, in relation to:
(a)
the Australian Industrial Relations Commission, as it continues in existence because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and
(b)
the Australian Fair Pay Commission, as it continues in existence because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and
(c)
the Workplace Relations Act 1996, as that Act continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Schedule 19Veterans’ AffairsPart 1Consequential amendments

Military Rehabilitation and Compensation Act 2004

Subsection 89(3) (note 1)

Repeal the note, substitute:
Note 1: If a member’s normal earnings are less than the relevant minimum wage set by a national minimum wage order, then the member’s normal earnings are instead the relevant minimum wage (see section 179).

Subsection 132(2) (note 1)

Repeal the note, substitute:
Note 1: If a person’s normal earnings are less than the relevant minimum wage set by a national minimum wage order, then the person’s normal earnings are instead the relevant minimum wage (see section 179).

Paragraph 178(a)

Omit “federal minimum wage”, substitute “relevant minimum wage set by a national minimum wage order”.

Section 179

Omit “Federal Minimum Wage (as it applies under section 194 of the Workplace Relations Act 1996)” (wherever occurring), substitute “relevant minimum wage set by a national minimum wage order (under section 294 of the Fair Work Act 2009)”.
Note: The heading to section 179 is altered by omitting “federal”.

Subparagraph 185(2)(b)(ii)

Omit “an Australian Pay and Classification Scale”, substitute “a national minimum wage order”.

Subparagraph 185(2)(b)(ii)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Paragraph 193(2)(b)

Omit “an Australian Pay and Classification Scale”, substitute “a national minimum wage order”.

Paragraph 193(2)(b)

Omit “Workplace Relations Act 1996”, substitute “Fair Work Act 2009”.

Part 2Application provision

Application of items 1 to 4

The following provisions of the Military Rehabilitation and Compensation Act 2004:
(a)
note 1 to subsection 89(3);
(b)
note 1 to subsection 132(2);
(c)
paragraph 178(a);
(d)
section 179;
apply as if a reference in those provisions to the national minimum wage order includes a reference to:
(e)
the standard federal minimum wage, to the extent that the standard federal minimum wage continues to operate as a transitional standard federal minimum wage in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and
(f)
special federal minimum wages, to the extent that special federal minimum wages continue to operate as a transitional special federal minimum wage in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and
(g)
the transitional national minimum wage order, within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

Schedule 20Regulations

1
Regulations may deal with transitional etc. matters
(1) The Governor‑General may make regulations dealing with matters of a transitional, saving or application nature relating to amendments made by this Act.

(2) In this item:

amendments made by this Act includes amendments made by regulations under item 2.
2
Regulations may make consequential amendments of Acts
(1) The Governor‑General may make regulations amending Acts (other than the Fair Work Act 2009) being amendments that are consequential on, or that otherwise relate to, the enactment of the Fair Work Act 2009, the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or this Act.
(2) For the purposes of the Amendments Incorporation Act 1905, amendments made by regulations for the purposes of this item are to be treated as if they had been made by an Act.
Note: This subitem ensures that the amendments can be incorporated into a reprint of the Act.
3
Regulations may take effect from date before registration
(1) Despite subsection 12(2) of the Legislative Instruments Act 2003 and subject to subitem (2), regulations made under item 1 or 2 may be expressed to take effect from a date before the regulations are registered under that Act.

(2) If:

(a)
regulations made under item 1 or 2 are expressed to take effect from a date (the registration date) before the regulations are registered under the Legislative Instruments Act 2003; and
(b)
a person engaged in conduct before the registration date; and
(c)
but for the retrospective effect of the regulations, the conduct would not have contravened a provision of an Act;
then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of that Act.

Notes to theFair Work (State Referral and Consequential and Other Amendments) Act 2009

Note 1

The Fair Work (State Referral and Consequential and Other Amendments) Act 2009 as shown in this compilation comprises Act No. 54, 2009 amended as indicated in the Tables below.

The Fair Work (State Referral and Consequential and Other Amendments) Act 2009 was amended by the Fair Work (State Referral and Consequential and Other Amendments) Regulations 2009 (SLI 2009 No. 165 as amended by SLI 2009 No. 364). The amendments are incorporated in this compilation.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Fair Work (State Referral and Consequential and Other Amendments) Act 2009	54, 2009	25 June 2009	See s. 2(1)
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 2 (item 9): (a)	—
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Schedule 2 (item 14): (b)	—

(a) Subsection 2(1) (item 8) of the Statute Law Revision Act 2011 provides as follows:
(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
8. Schedule 2, item 9	Immediately after the time specified in the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 for the commencement of item 4 of Schedule 19 to that Act.	1 July 2009

(b) Subsection 2(1) (item 14) of the Statute Law Revision Act 2012 provides as follows:
(1)
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Provision(s)	Commencement	Date/Details
14. Schedule 2, item 14	Immediately after the time specified in the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 for the commencement of item 2 of Schedule 12 to that Act.	1 July 2009

Provision(s)

Commencement

Date/Details

14.

Schedule 2, item 14

Immediately after the time specified in the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 for the commencement of item 2 of Schedule 12 to that Act.

1 July 2009

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 5
Part 3
Item 87A...............................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Schedule 7
Part 1
Heading to Part 1..................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Part 2
Part 2....................................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Items 6, 7..............................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Schedule 8
Part 1
Item 63..................................	am. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Part 2
Division 1A
Div. 1A of Part 2...................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Item 158A.............................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Division 2A
Div. 2A of Part 2...................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Item 159A.............................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Division 4
Div. 4 of Part 2......................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Item 162................................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Division 5
Div. 5 of Part 2......................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Item 163................................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Schedule 12
Heading to item 2.................	am. No. 136, 2012
Schedule 19
Part 1
Heading to Part 1..................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Item 4...................................	am. No. 5, 2011
Part 2
Part 2....................................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)
Item 9...................................	ad. SLI 2009 No. 165 (as am. by SLI 2009 No. 364)