Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
No. 55, 2009
Compilation No. 12
Compilation date: 7 December 2022
Includes amendments up to: Act No. 79, 2022
Registered: 7 December 2022
About this compilation
This compilation
This is a compilation of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 that shows the text of the law as amended and in force on 7 December 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedule(s)
4 Regulations
Schedule 1—Repeals
Workplace Relations Act 1996
Schedule 2—Overarching Schedule about transitional matters
Part 1—Interpretation of the transitional Schedules
Part 2—Regulations about transitional matters
Part 3—Conduct before WR Act repeal day etc.
Schedule 3—Continued existence of awards, workplace agreements and certain other WR Act instruments
Part 1—Preliminary
Part 2—Continued existence of WR Act instruments as transitional instruments
Part 3—Variation and termination of transitional instruments
Part 4—Transitional instruments and the Australian Fair Pay and Conditions Standard
Part 5—Transitional instruments and the FW Act
Division 1—Interaction between transitional instruments and the National Employment Standards
Division 2—Interaction between transitional instruments and FW Act modern awards, enterprise agreements and workplace determinations
Division 3—Other general provisions about how the FW Act applies in relation to transitional instruments
Part 6—Preservation of redundancy provisions in agreements etc.
Part 7—Victorian employment agreements
Part 8—Transitional pay equity order taken to have been made by FWA—Division 2B State reference transitional awards
Schedule 3A—Treatment of State awards and State employment agreements of Division 2B referring States
Part 1—Preliminary
Part 2—Division 2B State instruments
Part 3—Variation and termination of Division 2B…
Overview
The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 was enacted to address the transitional issues and consequential amendments that arose with the introduction of the Fair Work Act 2009, which replaced the Workplace Relations Act 1996. This Act was passed by the Australian Parliament and it aims to ensure a smooth transition from the old industrial relations system to the new Fair Work system, while also making necessary adjustments to various related laws and regulations. The transitional provisions in this Act cover a wide range of areas, including the continued existence of certain awards, workplace agreements, and other industrial instruments, as well as addressing issues such as redundancy provisions, minimum wages, and the interaction of these instruments with the new Fair Work Act. It also includes provisions for the transfer of functions, powers, and responsibilities from the abolished Workplace Relations Act bodies to the Fair Work Ombudsman and Fair Work Commission.
Scope and Application
The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 is an Australian Commonwealth Act which seeks to amend laws, and address transitional matters, in connection with the Fair Work Act 2009. The Act applies to conduct, instruments, and agreements made under the repealed Workplace Relations Act 1996, as well as to transitional instruments and agreements, and modern awards, agreements, and other instruments under the Fair Work Act 2009. The Act also addresses the continued existence of State awards and agreements, and their interaction with the Fair Work Act 2009. The Act applies to employers, employees, employers' organisations, employees' organisations, workplace agreements, and workplace determinations, as well as to the Fair Work Commission and Fair Work Ombudsman. The Fair Work Act 2009 is the primary legislation that the Act amends and to which it is consequential. The Act commenced on 25 June 2009, with various provisions coming into effect on different dates as specified in the Schedules. There are no stated exclusions or exemptions in the Act. The Act may be extended or restricted in its application through subordinate instruments, such as regulations or rules made under the Act or other relevant legislation.
Key Provisions
- The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 is a piece of Australian legislation that primarily serves to amend existing laws and address transitional matters following the repeal of the Workplace Relations Act 1996 and the introduction of the Fair Work Act 2009. The Act establishes a series of transitional instruments and sets out how these instruments interact with the Fair Work Act. It also details the obligations and requirements that various entities must adhere to under this new regime, as well as the consequences of non-compliance.
- Sections 1 to 4 of the Act define the transitional instruments and their continued existence, classification, and interaction with other laws. For instance, Schedule 3 outlines the continued existence of awards, workplace agreements, and certain other instruments from the Workplace Relations Act. It also details how these instruments interact with the Fair Work Act, including provisions about their variation and termination. The Act ensures that these transitional instruments do not negatively impact employees' entitlements and rights during the transition period.
- Entities governed by this Act, such as employers, employees, and workplace authorities, have specific obligations and requirements. Employers must ensure that any redundancy provisions in their agreements do not result in a loss of entitlements for employees. Employees, on the other hand, are required to comply with the terms of any transitional instruments that apply to them. Workplace authorities, including the Fair Work Ombudsman and Inspectors, are tasked with enforcing compliance with these instruments and handling disputes that may arise.
- Breach of the provisions set out in the Act can lead to civil and criminal consequences. For example, contraventions of transitional instruments can result in civil penalties, with the maximum penalty varying depending on the nature of the contravention and the parties involved. The Federal Court and the Federal Magistrates Court have jurisdiction over matters arising under this Act, and they can impose penalties up to a certain amount, as specified in the regulations. Additionally, certain conduct may result in criminal penalties, and the Act provides for these to be dealt with in the relevant courts.
- In summary, the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 establishes transitional instruments to ensure a smooth transition from the Workplace Relations Act 1996 to the Fair Work Act 2009. It imposes obligations on employers, employees, and workplace authorities to ensure compliance with these instruments and outlines the consequences of non-compliance, including civil and criminal penalties.
- Area of Law
- Employment & Labour Law
- Commercial Law
- Administrative Law
- Instrument
- Amending Act
- Concepts
- Repeal & Amendment
- Transitional Provisions
- Compliance Obligations
- Enforcement Powers
- Industrial Action
- Licensing & Registration
