Untitled document

Public Sector Employment (Award Entitlements) Amendment Act 2008

No. 27 of 2008

table of provisions

Section  Page

1Purpose

2Commencement

3Principal Act

4Purpose of Principal Act amended

5Definitions

6Preservation of award conditions

7Repeal of State fairness test

8Repeal of redundant provision

9Repeal of spent provisions

10Repeal of amending Act

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EndnoteS

Public Sector Employment (Award Entitlements) Amendment Act 2008

No. 27 of 2008

[Assented to 3 June 2008]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend the Public Sector Employment (Award Entitlements) Act 2006—

(a)to repeal provisions relating to the "fairness test" enacted by Part 3 of that Act;

(b)to repeal spent provisions in Part 5 of that Act.

2Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3Principal Act

In this Act, the Public Sector Employment (Award Entitlements) Act 2006 is called the Principal Act.

4Purpose of Principal Act amended

Section 1(b) of the Principal Act is repealed.

5Definitions

In section 3(1) of the Principal Act—

(a)for the definition of designated preserved award, substitute—

"designated preserved award, in relation to an employee to whom a workplace agreement will apply, means a preserved award in respect of which WRA made a determination under section 12 before its repeal;";

(b)for the note at the foot of the definition of employee, substitute—

"Note

See subsection (2).  Also, section 15A gives employee an extended meaning for the purposes of Part 3A.";

(c)the definition of fairness test is repealed;

(d)insert the following definition—

"federal no-disadvantage test means the test referred to in section 346D of the Workplace Relations Act 1996 of the Commonwealth;".

6Preservation of award conditions

In section 10(2)(a) of the Principal Act after "fairness test" insert "(as in force before the repeal of section 13) or is subject to the federal no-disadvantage test".

7Repeal of State fairness test

Part 3 of the Principal Act is repealed.

8Repeal of redundant provision

Section 17 of the Principal Act is repealed.

9Repeal of spent provisions

Part 5 of the Principal Act is repealed.

10Repeal of amending Act

This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.

Note

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

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 17 April 2008

Legislative Council: 8 May 2008

The long title for the Bill for this Act was "A Bill for an Act to amend the Public Sector Employment (Award Entitlements) Act 2006 and for other purposes."