Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) (Cth)
Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 144
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
Dated 4 August 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
CHRIS EVANS
Minister for Tertiary Education, Skills, Jobs and Workplace Relations
-
Name of Regulations
These Regulations are the Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1).
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Commencement
These Regulations commence on 1 October 2011.
-
Amendment of Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009
Schedule 1 amends the Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009.
Schedule 1 Amendments
(regulation 3)
[1] After regulation 3.03
insert
3.03APrescribed employers
For paragraph 43 (2) (b) of Schedule 3 to the Act, an employer mentioned in Part 1 of Schedule 1 is prescribed.
3.03BPrescribed source pay equity order
For paragraph 43 (4) (d) of Schedule 3 to the Act, Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5) is prescribed.
3.03CModification of Schedule 3 to Act — payment of back pay
For subitem 8 (1) of Schedule 2 to the Act, Schedule 3 to the Act is modified by inserting the following subitems after subitem 43 (7):
‘(7A)An amount payable by the employer to an affected employee relating to the period:
(a)commencing when the transitional pay equity order takes effect; and
(b)ending immediately before the commencement of this subitem;
is payable in accordance with the table of payments in the regulations made for this subitem.
(7B)However, if:
(a)a person:
(i)is an affected employee on the Division 2B referral commencement; or
(ii)becomes an affected employee after the Division 2B referral commencement but before the commencement of this subitem; and
(b)the person ceases to be employed by the employer at any time before 1 October 2014;
the full amount payable to the person by the employer is payable on the later of the cessation of the person’s employment and the commencement of this subitem.’
[2] After Part 4
insert
Part 4A Transitional provisions for Schedule 16 to Act (compliance)
4A.01Modification of item 7A of Schedule 16 to Act — prescribed employers
For subitem 8 (1) of Schedule 2 to the Act, Schedule 16 to the Act is modified by substituting the note at the foot of subitem 7A (1) with the following:
‘Note 1 This subitem is a civil remedy provision (see item 16, and Part 4-1 of the FW Act).
Note 2 This subitem applies to an employer on and after the date on which the employer is prescribed for paragraph 43 (2) (b) of Schedule 3.’
[3] Regulation 5.12
omit
Schedule 1
insert
Schedule 2
[4] Schedule 1
substitute
Schedule 1 Prescribed employers and payment of back pay
(regulations 3.03A and 3.03C)
Part 1 Prescribed employers
|
Item |
Name of employer |
| 1 | 139 Club Inc Welfare Centre |
| 2 | 4 Walls Ltd |
| 3 | Aboriginal & Torres Strait Islander Women’s Legal and Advocacy Service NQ Inc |
| 4 | Aboriginal and Islander Community Resource Agency Aboriginal Corporation |
| 5 | Aboriginal and Islanders Development and Recreational Women’s Association Mount Isa and District Inc |
| 6 | Abused Child Trust Inc |
| 7 | Acacia Ridge Community Support Inc |
| 8 | Access Arts Inc |
| 9 | Access Community Housing Company Limited |
| 10 | Access Recreation Inc |
| 11 | ACRO Australian Community Safety and Research Organisation Inc |
| 12 | Alcohol and Drug Foundation Queensland |
| 13 | Alzheimer’s Association of Queensland |
| 14 | Anglicare – Central Queensland Limited |
| 15 | Anglicare – North Queensland Limited |
| 16 | ARAFMI Queensland Inc |
| 17 | Australian Red Cross Queensland |
| 18 | Autism Queensland Inc |
| 19 | Avenues Lifestyle Support Assoc Inc |
| 20 | Bahloo Women’s Youth Shelter Association Inc |
| 21 | Bamagau Kazil Torres Strait Islander Corporation |
| 22 | Barambah Accommodation Support Service Inc |
| 23 | Bay Islands Community Services Inc |
| 24 | Bay Support Services Group Inc |
| 25 | Bayside Adolescent Boarding Inc |
| 26 | Bayside Respite Care Association Inc |
| 27 | Beaudesert Shire Health and Welfare Association Inc |
| 28 | Beenleigh District Community Development Association Inc |
| 29 | Better Hearing Australia Inc |
| 30 | Booval Community Services Inc |
| 31 | Born Free Club Ltd |
| 32 | Bowen Community Council Inc |
| 33 | BoysTown |
| 34 | Brain Injury Assoc Qld Inc |
| 35 | Breakaway Inc |
| 36 | Bribie Island and District Neighbourhood Centre Association Inc |
| 37 | BRIC Housing |
| 38 | Brisbane Youth Service Inc |
| 39 | Bundaberg Area Youth Service Inc |
| 40 | Burdekin Community Association Inc |
| 41 | Burnett Respite Services Inc |
| 42 | Caboolture Community Care Inc |
| 43 | Caboolture Family Haven Inc |
| 44 | Cairns Community Legal Centre |
| 45 | Cairns Regional Domestic Violence Service Inc |
| 46 | Capricornia Respite Care Assn Inc |
| 47 | Caravan and Manufactured Home Residents Association of Queensland Incorporated |
| 48 | Care Goondiwindi Association Inc |
| 49 | Carina Youth Agency Inc |
| 50 | Caxton Legal Centre Inc |
| 51 | Central Queensland Community Legal Centre Inc |
| 52 | Chameleon Regional Community Housing, Accommodation and Welfare Association Inc |
| 53 | Charleville and District Community Support Association Inc |
| 54 | Charters Towers Neighbourhood Centre Inc |
| 55 | Children By Choice Association Inc |
| 56 | Chisholm Inc |
| 57 | Churches of Christ in Queensland |
| 58 | Coalition on Criminal Assault in the Home (North Queensland) Inc |
| 59 | Coastal Accommodation Support Services Incorporated |
| 60 | CODA South Carers Of Disabled Adults Assoc Inc |
| 61 | Collinsville Community Association Inc |
| 62 | Community Access & Transition Serv Inc |
| 63 | Community Access Respite Service Inc |
| 64 | Community Action in Carole Park Inc |
| 65 | Community Connection Inc |
| 66 | Community Development Services Inc |
| 67 | Community Emergency Support Centre Inc |
| 68 | Community Housing and Information Centre Incorporated |
| 69 | Community Lifestyle Support Inc |
| 70 | Community Rent Scheme Association Townsville Incorporated |
| 71 | Community Solutions Inc |
| 72 | Compass Whitsundays Inc |
| 73 | Cooloola Youth Service Inc |
| 74 | Cooroy Family Support Centre Inc |
| 75 | Cystic Fibrosis Queensland Ltd |
| 76 | Darumbal Community Youth Service Inc |
| 77 | Deaf Services Queensland |
| 78 | Deception Bay Neighbourhood Centre Inc |
| 79 | Diabetes Australia – Queensland |
| 80 | Domestic Violence Prevention Centre Gold Coast Inc |
| 81 | Domestic Violence Resource Centre Inc |
| 82 | Domestic Violence Resource Service (Mackay and Region) Inc |
| 83 | Douglas Shire Community Services Assoc Inc |
| 84 | Dundalli Aboriginal and Torres Strait Islanders Corporation for Youth |
| 85 | Dvconnect Ltd |
| 86 | Dysart Community Support Group Inc |
| 87 | Eacham Community Help Organisation Inc |
| 88 | Eagleby Community Association Inc |
| 89 | EDON Place Women’s Domestic Violence Service Inc |
| 90 | Emergency and Long Term Accommodation Moranbah Inc |
| 91 | Enhanced Care Assoc Inc |
| 92 | Epilepsy Queensland Inc |
| 93 | Erin House Inc |
| 94 | Family Emergency Accommodation Townsville Inc |
| 95 | Family Planning Queensland |
| 96 | First Contact Aboriginal Corporation for Youth |
| 97 | Foundation for Independence Recreation & Social Training Inc |
| 98 | Fraser Coast Family Networks Inc |
| 99 | Fraser Coast Housing Services Inc |
| 100 | FSG Australia |
| 101 | Gallang Place Aboriginal and Torres Strait Islanders Corporation |
| 102 | Gateway Community Group Inc |
| 103 | George Street Neighbourhood Centre Association Inc |
| 104 | Girls Time Out Young Women’s Support Service Inc |
| 105 | Girudala Community Co-Operative Society Limited |
| 106 | Gladstone & District Respite Care Association Incorporated |
| 107 | Gladstone Community Linking Agency Inc |
| 108 | Gold Coast Drug Council Inc |
| 109 | Gold Coast Project for Homeless Youth Inc |
| 110 | Gold Coast Recreation & Sport Inc |
| 111 | Gold Coast Youth Service Inc |
| 112 | Goobidi-Bamanga Community Advancement Cooperative Society Ltd |
| 113 | Goodna Youth Services Inc |
| 114 | Greek Orthodox Community of St George Brisbane |
| 115 | Guide Dogs For The Blind Association of Queensland |
| 116 | Gympie and District Community Centreplace Inc |
| 117 | Handihome Sunnybank Inc |
| 118 | Hannah’s House |
| 119 | Headway Gold Coast Inc |
| 120 | Help Handicapped Enter Life Project (HHELP) Darling Downs Inc |
| 121 | Hinchinbrook Community Support Centre Inc |
| 122 | Home Support Association Inc |
| 123 | Homelife Assoc Inc |
| 124 | Homes West Association Inc |
| 125 | Horizon Foundation Inc |
| 126 | ICYS Ipswich Community Youth Service Inc |
| 127 | Inala Community House |
| 128 | Inala Family Accommodation and Support Service Inc |
| 129 | Inala Youth Care Community Inc |
| 130 | Inclusion Works Association Inc |
| 131 | Independent Advocacy In The Tropics Inc |
| 132 | Ingham Parents Support Group Inc |
| 133 | Injilinji Aboriginal and Torres Strait Islander Corporation for Children and Youth Services |
| 134 | Inner Northern Community Housing Brisbane Association Incorporated |
| 135 | Innisfail District Flexi Respite Assoc Inc |
| 136 | Innisfail Youth and Family Care Inc |
| 137 | Integrated Family And Youth Service Incorporated |
| 138 | Intellectually Handicapped Persons Association Qld |
| 139 | Ipswich & West Moreton Clubhouse Association Incorporated |
| 140 | Ipswich Independent Youth Service Inc |
| 141 | Ipswich Women’s Shelter Inc |
| 142 | Jabiru Community Youth and Children’s Services Association Inc |
| 143 | Jupiter Mossman Community Cooperative Society Ltd |
| 144 | Juwarki Kapu-Lug Aboriginal and Torres Strait Islanders Corporation |
| 145 | Kalyan Youth Service Inc |
| 146 | Keppel Community Care Association Inc |
| 147 | Kingston East Neighbourhood Group Inc |
| 148 | Kith And Kin Association Limited |
| 149 | Koongoora Inc |
| 150 | Kummara Association Inc |
| 151 | Kyabra Community Association Inc |
| 152 | Laidley Crisis Care and Accommodation |
| 153 | Leisure Connections Assn Inc |
| 154 | Lifestyle Options Inc |
| 155 | Link In Association Sunshine Coast Inc |
| 156 | Link-Up (Qld) Aboriginal Corporation |
| 157 | Lions Emergency Accommodation Centre Inc |
| 158 | Logan Women’s Health & Wellbeing Centre Inc |
| 159 | Lutheran Church of Australia Queensland District – Lutheran Community Care |
| 160 | Lyons House Inc |
| 161 | Mackay Aboriginal and Torres Strait Islander Corporation for Alternative Care and Foster Care Service |
| 162 | Mackay Advocacy Inc |
| 163 | Mackay And District Respite Care Association Inc |
| 164 | Mackay Family Care & Community Support Inc |
| 165 | Mackay Women’s Centre Inc |
| 166 | Mackay Youth Support Service Inc |
| 167 | Mainstream Community Assoc Inc |
| 168 | Mamre Association Inc |
| 169 | Mangrove Housing Association Incorporated |
| 170 | Marlin Coast Neighbourhood Centre Inc |
| 171 | Maroochy Neighbourhood Centre Inc |
| 172 | Marsden Families Program |
| 173 | Maybanke Association Inc |
| 174 | Micah Projects Inc |
| 175 | Migrant Women’s Emergency Support Service Inc |
| 176 | Mobile Attendant Care Service Inc |
| 177 | MontroseAccess |
| 178 | Mount Isa Community Development Association Incorporated |
| 179 | Mount Isa Youth Shelter Inc |
| 180 | Mt Gravatt District Community Support Inc |
| 181 | Multicap |
| 182 | Multilink Community Services Inc |
| 183 | Multiple Sclerosis Society of Queensland |
| 184 | Mundubbera Community Development Association Inc |
| 185 | Murilla Community Centre Inc |
| 186 | Nambour Community Centre Inc |
| 187 | National Heart Foundation of Australia (Q’ld Division) |
| 188 | Neighbourhood Centre Caboolture Inc |
| 189 | Nerang Neighbourhood Centre Inc |
| 190 | New Farm Neighbourhood Centre Inc |
| 191 | North Queensland Aboriginal & Torres Strait Islanders Aged & Disabled Care |
| 192 | North Queensland Combined Women’s Services Inc |
| 193 | North Queensland Prisoners Aid Society |
| 194 | North Queensland Women’s Legal Service |
| 195 | North Townsville Community Hub Inc |
| 196 | North West Youth Accommodation Service Inc |
| 197 | North-East Community Support Group Inc |
| 198 | Nundah Community Support Group Inc |
| 199 | Older Women’s Network (Queensland) Inc |
| 200 | Open Minds Australia |
| 201 | Othila’s – Young Women’s Housing and Support Service Inc |
| 202 | Ozcare |
| 203 | Peace Lutheran Church Gatton |
| 204 | Peirson Services |
| 205 | Phoenix House Association Inc |
| 206 | Playgroup Association of Queensland Inc |
| 207 | Port Douglas Community Services Network Inc |
| 208 | Port Kennedy Association Incorporated |
| 209 | Pregnancy Help Queensland Inc |
| 210 | Prison Fellowship of Australia Queensland Council |
| 211 | Prison Transport Group Inc |
| 212 | Prisoners Legal Service |
| 213 | Protect All Children Today (PACT) Inc |
| 214 | Qld Rec & Sport Assn For People With Intellectual Disability |
| 215 | Quality Lifestyle Alliance Inc |
| 216 | Quality Lifestyle Support Pty Ltd |
| 217 | Queensland Advocacy Incorporated |
| 218 | Queensland Aged & Disability Advocacy |
| 219 | Queensland Association for Healthy Communities Inc |
| 220 | Queensland Injectors Health Network Limited |
| 221 | Queensland Lifestyle Services |
| 222 | Queensland Program of Assistance for Survivors of Torture & Trauma Assn Inc |
| 223 | Queensland Youth Services Inc |
| 224 | Ravenshoe Community Centre Inc |
| 225 | Redland Community Centre Inc |
| 226 | Redland Respite Care Committee Inc |
| 227 | Refugee & Immigration Legal Service |
| 228 | Regional Housing Limited |
| 229 | Rockhampton Women’s Shelter Inc |
| 230 | Roma Community Legal Service |
| 231 | Roseberry Community Services Inc |
| 232 | Royal Queensland Bush Children’s Health Scheme |
| 233 | Rural Lifestyle Options Association Inc |
| 234 | Ruth’s Women’s Shelter Cairns Inc |
| 235 | Sandgate And Bracken Ridge Action Group Incorporated |
| 236 | Save the Children Australia – Queensland Division |
| 237 | Sera’s Women’s Shelter Inc |
| 238 | Share Bayside Incorporated |
| 239 | Sharehouse Youth Accommodation Program Inc |
| 240 | Sherwood Neighbourhood Centre Inc |
| 241 | Silky Oaks Children’s Haven |
| 242 | Sisters Inside Inc |
| 243 | Southside Community Care Inc |
| 244 | Speaking Up For You Group Inc |
| 245 | Spinal Injuries Association Inc |
| 246 | St Vincent de Paul Society Queensland |
| 247 | Stepping Stone Clubhouse Inc |
| 248 | Sunshine Coast Children’s Therapy Centre Inc |
| 249 | Sunshine Coast Independent Living Service |
| 250 | Sunshine Coast Link Family Scheme Inc |
| 251 | Sunshine Coast Regional Housing Council Inc |
| 252 | Sunshine Cooloola Services Against Sexual Violence Inc |
| 253 | Sunshine Welfare & Remedial Association Inc |
| 254 | Supported Options In Lifestyle And Access Services Inc |
| 255 | Supporting People in Respite And Lifestyles Inc |
| 256 | Surfers Paradise Anglican Crisis Care Inc |
| 257 | Tableland Community Housing Association Incorporated |
| 258 | Tableland Community Link Association Incorporated |
| 259 | Tableland Respite Care Association Inc |
| 260 | Tableland Women’s Centre Inc |
| 261 | Tablelands Rape & Incest Crisis Centre Inc |
| 262 | Tara and District Family Support Committee Inc |
| 263 | Teen Challenge International Queensland Inc |
| 264 | The Advocacy And Support Centre Inc |
| 265 | The Baptist Union of Queensland Community Services Group – Queensland Baptist Care |
| 266 | The Brook Recovery Empowerment & Development Centre Inc |
| 267 | The Corporation of the Roman Catholic Diocese of Toowoomba Centacare |
| 268 | The Corporation of the Synod of the Diocese of Brisbane – Spiritus\Kinections\Anglicare |
| 269 | The Corporation Of The Trustees Of The Order Of The Sisters Of Mercy In Queensland |
| 270 | The Haven Association Inc |
| 271 | The Lodge Youth Support Service Inc |
| 272 | The Richmond Fellowship Of Queensland |
| 273 | The Salvation Army (Qld) Property Trust |
| 274 | The Schizophrenia Fellowship Of Queensland Inc |
| 275 | The Spot Community Services Ltd |
| 276 | The Uniting Church in Australia (Q) – Blair Athol Accommodation and Support Programme |
| 277 | The Women’s Community Aid Association (Qld) Ltd |
| 278 | The Women’s Legal Service Inc |
| 279 | Toowoomba and District Youth Service Inc |
| 280 | Toowoomba Community Housing Service Incorporated |
| 281 | Townsville Aboriginal and Islanders Health Services Ltd |
| 282 | Townsville Community Legal Service |
| 283 | Townsville Independence Program For Adult Community Living |
| 284 | Tully Support Centre Inc |
| 285 | United Synergies Limited |
| 286 | WWILD – Sexual Violence Prevention Association Inc |
| 287 | Warringu Aboriginal and Torres Strait Islander Corporation |
| 288 | Weipa Community Care Association Inc |
| 289 | Welfare Rights Centre |
| 290 | Wesley Mission Brisbane |
| 291 | West End Family Care Services Inc |
| 292 | Whitsunday Community Services Inc |
| 293 | Whitsunday Crisis and Counselling Service Inc |
| 294 | Wide Bay Sexual Assault Association Inc |
| 295 | Wide Bay Women’s Health Centre Incorporated |
| 296 | Windana Support Centre Inc |
| 297 | Womens Centre Cairns Inc |
| 298 | Women’s Health Awareness Group of Gladstone Inc |
| 299 | Women’s Health Information and Referral Service Central Queensland Inc |
| 300 | Women’s Health Queensland Wide Inc |
| 301 | Working Against Violence Support Service Inc |
| 302 | Xavier Children’s Support Network |
| 303 | Yarrabah Aboriginal Corporation for Women |
| 304 | Yoorana Women’s Domestic Violence and Resource Service Inc |
| 305 | Young Parents Program Inc |
| 306 | Young Women’s Place Inc |
| 307 | Youth & Family Service (Logan City) Inc |
| 308 | Youth Emergency Services Inc |
| 309 | Youth Empowered Towards Independence Inc |
| 310 | Youth Housing Project Association Inc |
| 311 | Youth Service Providers Inc |
| 312 | Youthcare Hervey Bay Inc |
| 313 | Youthcare Pine Rivers Inc |
| 314 | Yuenmanda (Elder Clan Women) Aboriginal Corporation |
| 315 | Yumba-Meta Housing Association Ltd |
| 316 | Zig Zag Young Women’s Resource Centre Inc |
Part 2 Table of payments
Table 2
|
Item |
Date of payment |
Amount payable as percentage of total amount owed |
| 1 | 1 October 2011 | 35% |
| 2 | 1 October 2012 | 30% |
| 3 | 1 October 2013 | 20% |
| 4 | 1 October 2014 | 15% |
Schedule 2 Modification of Act — redundancy or redeployment
(regulation 5.12)
-
Schedule 4 to the Act, after subitem 5 (4)
insert
(5)In this item:
an entitlement to redundancy pay includes an entitlement for an employee to enter into a retention or redeployment period.
retention or redeployment period means a period of employment (however described) performed by an employee for an employer as an alternative to:
(a)the employment of the employee being terminated immediately due to redundancy; and
(b)the employee receiving redundancy pay from the employee’s employer.
Note
-
All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See
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