Workplace Relations Regulations (Amendment) (Cth)

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Statutory Rules 1997

No. 48 1

__________________

Workplace Relations Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Workplace Relations Act 1996.

Dated 5 March 1997.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

PETER REITH

Minister for Industrial Relations

____________

1. Commencement

1.1 Regulation 2 and subregulation 3.1 are taken to have commenced on the same day as Schedule 3 to the Workplace Relations and Other Legislation Amendment Act 1996.

1.2 Regulations 9 and 17 commence on the same day as Schedule 10 to the Workplace Relations and Other Legislation Amendment Act 1996.

1.3 Regulations 4, 8, 15 and 16 commence on 12 March 1997.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2. Amendment

2.1 The Workplace Relations Regulations are amended as set out in these Regulations.

3. Regulation 8B (Taking of samples)

3.1 Omit the regulation.

3.2 After regulation 8A, insert:

Taking of samples

“8B.For paragraph 83BH (4) (b) of the Act, an authorised officer may take a sample of any goods or substances after giving notice to the owner or other person in charge of the goods or substances, or an appropriate employee or other representative of that owner or person, of the authorised officer’s intention to do so.”.

4. New Division 3 of Part IIIA

4.1 After Division 2 of Part IIIA, insert:

“Division 3—Miscellaneous

Exception to prohibition on disclosure of identity of AWA parties

“8D.(1)For paragraph 83BS (2) (b) of the Act, a disclosure by a person (the ‘entrusted person’) to an authorised person of protected information that the entrusted person knows, or has reasonable grounds to believe, will identify another person as being, or having been, a party to an AWA is authorised if the disclosure of the protected information is for the purpose of:

(a)
providing analyses of trends in agreement making; or
(b)
preparing reports on enterprise bargaining for the purposes of section 358A of the Act.

“(2) In this regulation:

‘authorised person’ means:

(a)
for the purposes of paragraph (1) (a):
(i)
the Employment Advocate; or
(ii)
a person authorised in writing by the Employment Advocate; or
(b)
for the purposes of paragraph (1) (b):
(i)
the Employment Advocate; or
(ii)
a person authorised in writing by the Employment Advocate; or
(iii)
a person authorised in writing by the Minister for Industrial Relations;

‘protected information’ has the same meaning as in subsection 83BS (4) of the Act.”.

5. Regulation 12 (Demarcation disputes)

5.1 Omit the regulation.

6. Regulation 30BD (Fee for application to Commission to deal with termination)

6.1 Subregulation 30BD (2):

Omit “the Registrar”, substitute “a Registrar”.

7. Regulation 30CD (Inapplicability of section 170CM of the Act—succession, assignment or transmission of business)

7.1 Paragraph 30CD (b):

Omit the paragraph, substitute:

“(b)
either:
(i)
the new employer is under an obligation, enforceable by the employee, to recognise, for subsection 170CM (2) of the Act, the employee’s entire period of service to the former employer as continuous with service to the new employer; or
(ii)
the new employer is under an obligation to:
(A)
give the period of notice that is equivalent to the relevant period; or
(B)
pay the relevant amount of compensation;
in the event that the new employer terminates the employee’s employment (except for serious misconduct) during the period, starting from the date of succession, assignment or transmission, that is equivalent to the relevant period.

“(2) In this regulation:

‘relevant period’ means the period of notice that, but for this regulation, the former employer would have been required to give to the employee under section 170CM of the Act by reason of the employee’s employment by the former employer having been terminated at the time when the succession, assignment or transmission occurred;

‘relevant amount of compensation’ means the amount of compensation equivalent to the amount of compensation instead of notice that the new employer would be required to pay to the employee under section 170CM of the Act if the required period of notice for the purposes of that section was equivalent to the relevant period.”.

8. Regulation 30ZF (Modification of certified agreement provisions applied as State law)

8.1 Subregulation 30ZF (1):

After “modifications in”, insert “Part 1 of”.

8.2 Add at the end:

“(2)For the purposes of paragraph (b) of the definition of ‘complementary State law’ in subsection 170NI (2) of the Act,the modifications in Part 2 of Schedule 6 are permitted in relation to the application, as a law of a State, of the certified agreement provisions of the Act.”.

9. New Part 5C

9.1 After Part 5B, insert:

“PART 5C—AUSTRALIAN WORKPLACE AGREEMENTS

Interpretation

“30ZH.Expressions that are used in this Part and in Part VID of the Act have, in this Part, the same respective meanings as in that Part of the Act.

Content of AWA

“30ZI. (1)For subsection 170VG (1) of the Act, the provisions relating to discrimination set out in Schedule 8 are prescribed.

“(2) For subsection 170VG (3) of the Act, the model procedure set out in Schedule 9 is prescribed.

Prescribed conditions of employment specified in prescribed Commonwealth laws (Act, s. 170VR (4))

“30ZJ. (1) For subsection 170VR (4) of the Act:

(a)
the following laws are prescribed:
(i)
the Public Service Act 1922;
(ii)
the Public Service Regulations;
(iii)
all determinations made under section 82D of the Public Service Act 1922; and
(b)
the following conditions of employment are prescribed:
(i)
subject to subregulation (2), each condition of employment provided for in a provision of a law referred to in subparagraph (a) (i) or (ii) that is specified in Schedule 10;
(ii)
each condition of employment provided for in the determinations referred to in subparagraph (a) (iii).

“(2) If a condition of employment referred to in subparagraph (1) (b) (i) is provided for by a provision in relation to which a particular matter or circumstance is specified in Schedule 10, that condition of employment is prescribed only to the extent to which that condition relates to the matter or circumstance so specified.

AWA industrial action—continuity of employment not affected

“30ZK.(1) For subsection 170WC (4) of the Act, prescribed purposes are the assessment of eligibility for, or the calculation of, any benefit or entitlement arising from the employees’ employment by the employer, including, in particular:

(a)
superannuation entitlements; and
(b)
authorised leave entitlements; and
(c)
remuneration and promotion as affected by seniority; and
(d)
entitlement (if any) to notice on termination of employment.

“(2) In paragraph (1) (b), ‘authorised leave’ means leave authorised:

(a)
by the employer; or
(b)
by an award or order of a court or tribunal that has power to fix wages and other terms and conditions of employment; or
(c)
by a certified agreement, an AWA, a State employment agreement or an old IR agreement; or

(d)

by the employee’s contract of employment; or

(e)
by a law of the Commonwealth, or of a State or Territory.

Immunity conditional on giving notice

“30ZL.For subsection 170WD (1) of the Act, a notice must be in writing and must include, or be accompanied by, particulars of:

(a)
any matter that the party intending to take the action proposes as a matter that should be dealt with by the AWA; and
(b)
the proposed nominal expiry date of the AWA; and
(c)
the proposed date or dates on which the action will take place; and
(d)
the proposed duration of the action; and
(e)
the proposed nature and form of the action.

Exception to prohibition on disclosure of identity of AWA parties

“30ZM.(1)For paragraph 170WHB (2) (b) of the Act, a disclosure by a person (the ‘entrusted person’) to an authorised person of protected information that the entrusted person knows, or has reasonable grounds to believe, will identify another person as being, or having been, a party to an AWA is authorised if the disclosure of the protected information is for the purpose of:

(a)
providing analyses of trends in agreement making; or
(b)
preparing reports on enterprise bargaining for the purposes of section 358A of the Act.

“(2) In this regulation:

‘authorised person’ means:

(a)
for the purposes of paragraph (1) (a):
(i)
the Employment Advocate; or
(ii)
a person authorised in writing by the Employment Advocate; or
(b)
for the purposes of paragraph (1) (b):
(i)
the Employment Advocate; or
(ii)
a person authorised in writing by the Employment Advocate; or
(iii)
a person authorised in writing by the Minister for Industrial Relations;

‘protected information’ has the same meaning as in subsection 170WHB (4) of the Act.

Modification of AWA provisions applied as State law

“30ZN.(1)For paragraph (a) of the definition of ‘complementary State law’ in subsection 170WKA (2) of the Act,the modifications in Part 1 of Schedule 11 are required in relation to the application, as a law of a State, of the AWA provisions of the Act.

“(2)For paragraph (b) of the definition of ‘complementary State law’ in subsection 170WKA (2) of the Act,the modifications in Part 2 of Schedule 11 are permitted in relation to the application, as a law of a State, of the AWA provisions of the Act.

Qualifications and appointment of bargaining agents

“30ZO.(1)For paragraph 170WL (b) of the Act, a person is excluded from being appointed or holding an appointment as a bargaining agent if the person:

(a)
has been appointed as the bargaining agent for the other party to the AWA; or
(b)
is bankrupt or is applying to take the benefit of any law for the relief of a bankrupt or insolvent debtor; or
(c)
has not attained the age of 18 years.

“(2)For paragraph 170WL (b) of the Act, if, before or after the commencement of this regulation, a person has been convicted of:

(a)
an offence against a Commonwealth, State or Territory law punishable by imprisonment for 1 year or longer; or
(b)
an offence against a Commonwealth, State or Territory law that involves dishonesty and is punishable by imprisonment for 6 months or longer; or
(c)
an offence in connection with the negotiation of a certified agreement, an old IR agreement, an AWA or ancillary document (whether or not as a bargaining agent), or a State agreement under a State law; or
(d)
an offence under the Act;

that person is excluded from being appointed or holding an appointment as a bargaining agent within the period of 5 years after the date of conviction or, if the person was sentenced to imprisonment, after release from prison.

“(3) A person who is excluded from being appointed or holding an appointment as a bargaining agent under subregulation (1) or (2) may apply to the Court for leave to hold an appointment as a bargaining agent.

“(4)When granting leave under this regulation, the Court may impose any conditions or restrictions that it thinks fit.

“(5)The Court may at any time, on the application of the Employment Advocate, revoke leave granted by the Court under this regulation.

“(6)It is a condition of the appointment of an organisation, or any other incorporated body, as a bargaining agent that each individual who carries out the functions of a bargaining agent on its behalf is, at all material times, a person who is not excluded by the preceding provisions of this regulation from being a bargaining agent.

Required form of AWAs and ancillary documents

“30ZP.For paragraph 170WL (c) of the Act, every AWA and ancillary document must:

(a)
be in the English language; and
(b)
be printed in legible typescript; and
(c)
include the full name and address of each party who signs the document.

Witnessing of signatures on AWAs and ancillary documents

“30ZQ.(1)For paragraph 170WL (d) of the Act, a person who signs an AWA or an ancillary document as a witness must also include his or her full name and address.

“(2)For paragraph 170WL (d) of the Act, the following persons cannot witness a party’s signature on an AWA or an ancillary document:

(a)
the other party to the AWA or ancillary document;
(b)
the bargaining agent of the other party to the AWA or ancillary document;
(c)
where the other party to the AWA or ancillary document is a corporation—a person who is a director of the corporation or a person involved in the day to day management of the corporation.”.

10. Regulation 107A (Circumstances in which a Registrar may conduct other investigations (Act, s. 280A))

10.1 Omit “the Registrar” (first occurring), substitute “a Registrar”.

11. Regulation 109A (Applications for permits to enter and investigate premises (Act, s. 285A (1)))

11.1 Paragraph 109A (c):

Omit “certificate”, substitute “permit”.

12. Regulation 109B (Prescribed form of permit (Act, s. 285A (1)))

12.1 Omit “Form 12.”, substitute “Form 13.”.

13. Regulation 112 (Competent persons—subsection 275 (9) of the Act)

13.1 Subregulation 112 (1):

Omit “$10,000”, substitute “$20,000”.

14. Schedule 1

14.1 Form 12 (second occurring) (Permit to enter and inspect premises):

Omit “FORM 12”, substitute “FORM 13”.

15. Schedule 5 (Prescribed Commonwealth Laws and prescribed conditions of employment)

15.1 Heading:

After “CONDITIONS OF EMPLOYMENT”, insert “—CERTIFIED AGREEMENTS”.

16. Schedule 6 (Mandatory modifications of Part VIB of the Act as applied as a law of a State)

16.1 Heading:

Omit the heading, substitute:

“schedule 6 Regulation 30ZF

MODIFICATIONS OF PART VIB, AND OTHER PROVISIONS, OF THE ACT AS APPLIED AS A LAW OF A STATE

Part 1 Subregulation 30ZF (1)

MANDATORY MODIFICATIONS”.

16.2 Items 101 and 102:

Renumber as 601 and 602.

16.3 Add at the end:

“603. Division 3 (Making agreements about industrial disputes and industrial situations)

603.1 Omit the Division.

“PART 2 Subregulation 30ZF (2)

PERMITTED MODIFICATIONS

“651. Division 2 (Making agreements with constitutional corporations or the Commonwealth)

651.1 Heading:

Omit the heading, substitute:

‘Division 2—Making agreements with employers other than constitutional corporations or the Commonwealth’.

“652. Section 170LH (What this Division covers)

652.1 Paragraph 170LH (b):

Omit the paragraph, substitute:

‘(b)
employees any of whose terms and conditions are governed by:
(i)
an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or
(ii)
an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth).’.

“653. Section 170LI (Nature of agreement)

653.1 Add at the end:

‘(3)

In this section:

persons means persons any of whose terms and conditions are governed by:

(a)
an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or
(b)
an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth).’.

“654. Section 170MB (Successor employers bound)

654.1 Paragraph 170MB (1) (b):

Omit the paragraph, substitute:

‘(b)
at a later time, a new employer;’.

654.2 After subsection 170MB (1), insert:

‘(1A) If:

(a)
an employer that is a Commonwealth-law employer within the meaning of subsection (1B) is bound by an agreement that, under this Act in its operation as a law of the Commonwealth, is a certified agreement (the certified agreement); and
(b)
the application for certification for the certified agreement stated that it was made under Division 2 of Part VIB in its operation as a law of the Commonwealth; and
(c)
at a later time, a new employer that is not a Commonwealth-law employer within the meaning of subsection (1B) becomes the successor, transmittee or assignee (whether immediate or not) of the whole or a part of the business concerned;

then, from the later time:

(d)
the new employer is bound by the certified agreement (to the extent that it relates to the whole or the part of the business), as if:
(i)
that agreement had been certified under Division 4; and
(ii)
the new employer became bound by that agreement under subsection (1); and
(e)
the previous employer is not bound by that agreement, to the extent that it relates to the whole or the part of the business; and
(f)
a reference in this Part to the employer includes a reference to the new employer, and does not include the previous employer, to the extent that the context relates to the whole or the part of the business.

‘(1B)

For subsection (1A), an employer is a Commonwealth-law employer if the employer:

(a)
is a constitutional corporation; or
(b)
is the Commonwealth; or
(c)
carries on a single business or part of a single business in a Territory; or
(d)
is a waterside employer who employs waterside workers in a single business or part of a single business of the employer; or
(e)
employs maritime employees in a single business or part of a single business of the employer; or
(f)
is a flight crew officer’s employer who employs flight crew officers in a single business or part of a single business of the employer.’.

654.3 Subsection 170MB (2):

Omit ‘Subsection (1) does not’, substitute ‘Subsections (1) and (1A) do not’.

“655. Section 170NE (Eligible court)

655.1 Paragraph 170NE (a):

Omit the paragraph.

“656. Section 178 (Imposition and recovery of penalties)

656.1 Add at the end:

‘(10)

Despite the provisions of this section, the Court does not have the power to impose a penalty or to hear a claim relating to a breach, or an alleged breach, of a certified agreement made under this Act.’.”.

17. New Schedules 8, 9, 10 and 11

17.1 After Schedule 7, insert:

“schedule 8Subregulation 30ZI (1)

PRESCRIBED PROVISION RELATING TO DISCRIMINATION

The parties to this AWA agree that:

(a)
it is their intention to achieve the principal object in paragraph 3 (j) of the Workplace Relations Act 1996,which is to respect and value the diversity of the work force by helping to prevent and eliminate discrimination at their enterprise on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; and
(b)
any dispute concerning these provisions and their operation will be progressed initially under the dispute resolution procedure in this AWA; and
(c)
nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, State or Territory legislation; and
(d)
nothing in these provisions prohibits:
(i)
where the AWA is approved before 23 June 2000, the payment of junior rates of pay; or
(ii)
any discriminatory conduct (or conduct having a discriminatory effect) that is based on the inherent requirements of a particular position; or
(iii)
any discriminatory conduct (or conduct having a discriminatory effect) if:
(A)
the employee is a member of staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed; and
(B)
the conduct was in good faith to avoid injury to the religious susceptibilities of that religion or creed.
______________

“schedule 9Subregulation 30ZI (2)

PRESCRIBED MODEL DISPUTE RESOLUTION PROCEDURE

In relation to any matter that may be in dispute between the parties to this AWA (‘the matter’), the parties:

(a)
will attempt to resolve the matter at the workplace level, including, but not limited to:
(i)
the employee and his or her supervisor meeting and conferring on the matter; and
(ii)
if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and
(b)
acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and
(c)
agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and
(d)
agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith; and

(e)
acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to the mediation process; and
(f)
agree that during the time when the parties attempt to resolve the matter:
(i)
the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and
(ii)
subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and
(iii)
the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and
(g)
agree not to commence an action:
(i)
to obtain a penalty under section 170VV of the Act; or
(ii)
to obtain damages for breach of the AWA; or
(iii)
to enforce a provision of the AWA or Part VID of the Act (other than an action to enforce section 170VU of the Act);
unless:
(iv)
the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and
(v)
either:
(A)
a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or
(B)
mediation was requested by either party and that mediation has been completed.

______________

“SCHEDULE 10 Regulation 30ZJ

PRESCRIBED COMMONWEALTH LAWS AND PRESCRIBED CONDITIONS OF EMPLOYMENT—AUSTRALIAN WORKPLACE AGREEMENTS

1001.

Public Service Act 1922

1001.1
Subsection 28 (5)
1001.2
Subsection 29A (3)
1001.3
Section 47B
1001.4
Subsection 62 (10)—Direction to dismiss an officer from the Service under paragraph 62 (6) (b) of that Act.
1001.5
Subsection 63 (5)—Direction to dismiss an officer from the Service under paragraph 63(1) (d) of that Act.
1001.6
Section 63D—Direction to dismiss an officer from the Service under paragraph 62 (6) (b) or 63 (1) (d) of that Act.
1001.7
Section 63G—Direction to dismiss an officer from the Service under paragraph 62 (6) (b), 63 (1) (d), 63K (3A) (d) or 63L (3A) (d) of that Act.
1001.8
Section 63N
1001.9
Section 63P—Direction to dismiss an officer from the Service under paragraph 63K (3A) (d), 63L (3A) (d) or 63M (1) (d) of that Act.
1001.10
Subsection 76L (5)—Notice that an officer is to be retired under paragraph 76 L (3) (c) of that Act.
1001.11
Subsection 76L (5A)—Notice that an officer is to be retired under paragraph 76 L (3) (c) of that Act.
1001.12
Subsection 76L (7)—Notice that an officer is to be retired under paragraph 76 L (3) (c) of that Act.
1001.13
Section 76M—Notice under paragraph 76 L (3) (c) of that Act to an officer (other than an officer who has consented to being given such a notice).
1001.14
Subsection 76W (4)—Notice that an officer is to be retired under subsection 76W (1) of that Act.
1001.15
Subsection 76W (5)—Notice that an officer is to be retired under subsection 76W (1) of that Act.
1001.16
Section 76Z—Notice under subsection 76W (1) of that Act to an officer (other than an officer who has consented to being given such a notice).

1002.

Public Service Regulations

1002.1
Subregulation 54 (2)
1002.2
Regulation 120—Notice that an officer is to be retired under paragraph 76L (3) (c) of the Public Service Act 1922.
1002.3
Regulation 120C—Notice that an officer is to be retired under subsection 76W (1) of that Act.
1002.4
Regulation 120D—Notice that an officer is to be retired under subsection 76W (1) of that Act.
1002.5
Regulation 141—Direction to dismiss an officer from the Service under paragraph 62 (6) (b) or 63 (1) (d), or subsection 63K (3), 63L (3) or 63M (1), of that Act.
1002.6
Regulation 166—Direction to dismiss an officer from the Service under paragraph 62 (6) (b) or 63 (1) (d), or subsection 63K (3), 63L (3) or 63M (1), of that Act.
1002.7
Regulation 167—Direction to dismiss an officer from the Service under paragraph 62 (6) (b) or 63 (1) (d), or subsection 63K (3), 63L (3) or 63M (1), of that Act.
______________

“schedule 11 Regulation 30ZN

MODIFICATIONS OF PART VID OF THE ACT AS APPLIED AS A LAW OF A STATE

“PART 1Subregulation 30ZN (1)

MANDATORY MODIFICATIONS

“1101. Section 170VC (Scope of this Part)

1101.1 Omit ‘unless at least one’, substitute ‘if any’.

“PART 2Subregulation 30ZN (2)

PERMITTED MODIFICATIONS

“1151. Section 170VA (Interpretation)

1151.1 Definition of ‘eligible court’ (paragraph (a)):

Omit the paragraph.

“1152. Section 170VC (Scope of this Part)

1152.1 Add at the end:

‘; (g)
none of the employee’s terms and conditions of employment are governed by:
(i)
an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or
(ii)
an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth);’.

1152.2 Add at the end:

‘(h)
the employee is employed in one of the following:
(i)
a department, or part of a department, of the State;
(ii)
a public service office, or part of a public service office, of the State;
(iii)
an agency, authority, commission, corporation, instrumentality, office or other entity established under a State Act or under State authorisation for a public or State purpose;
(iv)
a part of an entity mentioned in subparagraph (iii);
(v)
a court of the State of any jurisdiction;
(vi)
a registry or other administrative office of a court of the State of any jurisdiction;
(vii)
any parliamentary service of the State;
(viii)
the Governor’s official household and its associated administrative unit;
(ix)
the police service of the State.’.

“1153. Section 170VS (AWA binds employer’s successor)

1153.1 Subsection 170VS (1):

Omit the subsection, substitute:

‘(1)If an employee who is a party to an AWA becomes an employee of a new employer because the new employer is a successor to the whole or any part of the previous employer’s business or undertaking, then the new employer replaces the previous employer as a party to the AWA from the succession time.’.

1153.2 After subsection 170VS (1), insert:

‘(1A)Despite subsection (1), a new employer will not become bound by an AWA if the new employer employs the employee in one of the following:

(a)
a department, or part of a department, of the State;
(b)
a public service office, or part of a public service office, of the State;
(c)
an agency, authority, commission, corporation, instrumentality, office or other entity established under a State Act or under State authorisation for a public or State purpose;
(d)
a part of an entity mentioned in paragraph (c);
(e)
a court of the State of any jurisdiction;
(f)
a registry or other administrative office of a court of the State of any jurisdiction;
(g)
any parliamentary service of the State;
(h)
the Governor’s official household and its associated administrative unit;
(i)
the police service of the State.’.

1153.3 Before subsection 170VS (2), insert:

‘(1B) If:

(a)
an employee is a party to an agreement that, under this Act in its operation as a law of the Commonwealth, is an AWA (the AWA); and
(b)
the employee becomes an employee of a new employer because the new employer is a successor to the whole or any part of the previous employer’s business or undertaking; and
(c)
at the succession time, none of the following apply:
(i)
the new employer is a constitutional corporation;
(ii)
the new employer is the Commonwealth;
(iii)
the employee’s primary workplace is in a Territory;
(iv)
the new employer is a waterside employer, the employee is a waterside worker and the employee’s employment is in connection with constitutional trade or commerce;
(v)
the employee is a maritime employee and the employee’s employment is in connection with constitutional trade or commerce;
(vi)
the employee is a flight crew officer and the employee’s employment is in connection with constitutional trade or commerce;

then the new employer is taken to be a party to the AWA as if:

(d)
the AWA had been approved under this Part; and
(e)
from the succession time, the new employer replaced the previous employer as a party to the AWA under subsection (1).’.”.
______________

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 March 1997.
2. Statutory Rules 1989 No. 12 as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461; 1991 Nos. 9, 11, 73, 137 and 366; 1992 Nos. 81, 139, 158, 232, 274, 339, 351, 357, 435 and 436; 1993 Nos. 22, 23, 41, 61, 128 and 330; 1994 Nos. 68, 79, 185, 244, 287 and 386; 1995 Nos. 376 and 434; 1996 Nos. 80, 168, 269, 307, 328, 329 and 351.

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