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Industrial Relations Act 1988
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Attorney-General's Department
Department of Employment and Workplace Relations
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C2009C00075
23 June 2008
-
30 June 2009
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Volume 1
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Principal object
4 Definitions
5 Employee
6 Employer
7 Employment
8 Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect
9 Schedule 10 has effect
10 Act binds Crown
11 Modifications for Christmas Island and Cocos (Keeling) Islands
12 Exclusion of persons insufficiently connected with Australia
13 Extraterritorial application
14 Act not to apply so as to exceed Commonwealth power
15 Application of Criminal Code
16 Act excludes some State and Territory laws
17 Awards, agreements and Commission orders prevail over State and Territory law etc.
18 Act may exclude State and Territory laws in other cases
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Part 2—Australian Fair Pay Commission
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Division 1—Preliminary
19 Definitions
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Division 2—Australian Fair Pay Commission
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Subdivision A—Establishment and functions
20 Establishment
21 Functions of the AFPC
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Subdivision B—AFPC’s wage-setting function
22 AFPC’s wage-setting function
23 AFPC’s wage-setting parameters
24 Wage reviews and wage-setting decisions
25 Constitution of the AFPC for wage-setting powers
26 Publishing wage-setting decisions etc.
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Subdivision C—Operation of the AFPC
27 AFPC to determine its own procedures
28 Annual report
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Subdivision D—AFPC Chair
29 Appointment
30 Remuneration
31 Leave of absence
32 Engaging in other paid employment
33 Disclosure of interests
34 Resignation
35 Termination of appointment
36 Other terms and conditions
37 Acting AFPC Chair
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Subdivision E—AFPC Commissioners
38 Appointment
39 Remuneration
40 Leave of absence
41 Disclosure of interests
42 Resignation
43 Termination of appointment
44 Other terms and conditions
45 Acting AFPC Commissioners
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Division 3—AFPC Secretariat
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Subdivision A—Establishment and function
46 Establishment
47 Function
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Subdivision B—Operation of the AFPC Secretariat
48 AFPC Chair may give directions
49 Annual report
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Subdivision C—The Director of the Secretariat
50 Appointment
51 Remuneration
52 Leave of absence
53 Engaging in other paid employment
54 Disclosure of interests
55 Resignation
56 Termination of appointment
57 Other terms and conditions
58 Acting Director of the Secretariat
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Subdivision D—Staff and consultants
59 Staff
60 Consultants
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Part 3—Australian Industrial Relations Commission
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Division 1—Establishment of Commission
61 Establishment of Commission
62 Functions of Commission
63 Appointment of Commission members etc.
64 Qualifications for appointment
65 Seniority
66 Performance of duties on part-time basis
67 Dual federal and State appointments
68 Performance of duties by dual federal and State appointees
69 Dual federal appointments
70 Appointment of a Judge as President not to affect tenure etc.
71 Tenure of Commission members
72 Acting President
73 Acting Vice President
74 Acting Senior Deputy President
75 Acting Deputy Presidents
76 Oath or affirmation of office
77 Discharge of Commission’s business
78 Duty of Commission members
79 Remuneration and allowances of Presidential Members etc.
80 Application of Judges’ Pensions Act
81 Remuneration and allowances of Commissioners
82 Removal of Presidential Member from office
83 Outside employment of Commissioner
84 Leave of absence of Commissioner
85 Disclosure of interest by Commission members
86 Termination of appointment of Commissioner
87 Resignation by Commission member
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Division 2—Organisation of Commission
88 Manner in which Commission may be constituted
89 Powers exercisable by single member of Commission
90 Functions and powers conferred on members
91 Exercise of Commission powers
92 Continuation of hearing by Commission
93 Commission divided in opinion
94 Arrangement of business of Commission
95 Panels of Commission for particular industries
96 Delegation by President
97 Protection of Commission members
98 Co-operation with the States by President
99 Co-operation with the States by Registrar
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Division 3—Representation and intervention
100 Representation of parties before Commission
101 Intervention generally
102 Particular rights of intervention of Minister
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Division 4—General matters relating to the powers and procedures of the Commission
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Subdivision A—General matters Commission to take into account
103 Commission to take into account the public interest
104 Commission to take into account discrimination issues
105 Commission to take account of Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act
106 Commission to take account of Family Responsibilities Convention
107 Safety, health and welfare of employees
108 Commission to act quickly
109 Commission to avoid technicalities and facilitate fair conduct of proceedings
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Subdivision B—Particular powers and procedures of the Commission
110 Procedure of Commission
111 Particular powers of Commission
112 Reference of proceedings to Full Bench
113 President may deal with certain proceedings
114 Review on application by Minister
115 Compulsory conferences
116 Power to override certain laws affecting public sector employment
117 State authorities may be restrained from dealing with matter that is before the Commission
118 Joint sessions of Commission
119 Revocation and suspension of awards and orders
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Division 5—Appeals to Full Bench and references to Court
120 Appeals to Full Bench relating to matters arising other than under the Registration and Accountability of Organisations Schedule
121 Appeals to Full Bench relating to matters arising under the Registration and Accountability of Organisations Schedule etc.
122 References to Court by Commission on question of law
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Division 6—Miscellaneous
123 Seals of Commission
124 Rules of Commission
125 President must provide certain information etc. to the Minister
126 Annual report of Commission
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Part 4—Australian Industrial Registry
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Division 1—Interpretation
127 Definition of State industrial body
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Division 2—Establishment and functions of Australian Industrial Registry
128 Australian Industrial Registry
129 Functions of the Industrial Registry
130 Registries
131 Seals of the Registry
132 Annual report of Industrial Registry
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Division 3—Registrars
133 Industrial Registrar
134 Tenure of office of Industrial Registrar
135 Remuneration and allowances of Industrial Registrar
136 Outside employment of Industrial Registrar
137 Disclosure of interests by Industrial Registrar
138 Leave of absence of Industrial Registrar
139 Resignation by Industrial Registrar
140 Termination of appointment of Industrial Registrar
141 Deputy Industrial Registrars
142 Acting Industrial Registrar
143 Acting Deputy Industrial Registrars
144 Oath or affirmation of office of Registrar
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Division 4—References and appeals
145 References by Registrar to Commission
146 Removal of matters before Registrar
147 Appeals from Registrar to Commission
148 References to Court by Registrar on question of law
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Division 5—Staff
149 Staff
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Part 5—Workplace Authority Director
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Division 1—Workplace Authority Director
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Subdivision A—Establishment and functions
150A Workplace Authority Director
150B Functions of Workplace Authority Director
150C Minister may give directions to Workplace Authority Director
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Subdivision B—Appointment and terms and conditions
151A Appointment of Workplace Authority Director
151B Remuneration
151C Leave of absence
151D Other terms and conditions
151E Outside employment
151F Disclosure of interests
151G Acting appointments
151H Resignation
151J Termination of appointment
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Division 2—Workplace Authority Deputy Directors
152A Workplace Authority Deputy Directors
152B Appointment of Workplace Authority Deputy Director
152C Remuneration
152D Leave of absence
152E Other terms and conditions
152F Outside employment
152G Disclosure of interests
152H Resignation
152J Termination of appointment
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Division 3—Staff, delegations etc.
153A Staff
153B Workplace Authority
153C Delegation
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Division 4—Reporting and disclosing information
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Subdivision A—Reporting
163A Minister may require reports
163B Annual report
163C Reports not to include information relating to an individual’s affairs
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Subdivision B—Disclosing information
164A Disclosure of information by workplace agreement officials
165 Identity of parties to ITEAs not to be disclosed
166 Publication of workplace agreements etc. by Workplace Authority Director
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Part 5A—Workplace Ombudsman
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Division 1—Establishment and functions
166A Workplace Ombudsman
166B Functions of the Workplace Ombudsman
166C Minister may give directions to Workplace Ombudsman
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Division 2—Appointment and terms and conditions
166D Appointment of Workplace Ombudsman
166E Remuneration
166F Leave of absence
166G Other terms and conditions
166H Outside employment
166J Disclosure of interests
166K Acting appointments
166L Resignation
166M Termination of appointment
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Division 3—Staff, delegations etc.
166N Staff
166P Office of the Workplace Ombudsman
166Q Delegation
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Division 4—Reporting and disclosing information
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Subdivision A—Reporting to Minister
166R Minister may require reports
166S Annual report
166T Reports not to include information relating to an individual’s affairs
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Subdivision B—Disclosing information
166U Disclosure of information by members of the Office of the Workplace Ombudsman
166V Directions about exercise of powers to disclose information
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Part 6—Workplace inspectors
167 Inspectors
168 Identity cards
169 Powers of inspectors
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Part 7—The Australian Fair Pay and Conditions Standard
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Division 1—Preliminary
171 Purpose of Part
172 Operation of the Australian Fair Pay and Conditions Standard
173 Australian Fair Pay and Conditions Standard cannot be excluded
174 Extraterritorial extension
175 Model dispute resolution process
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Division 2—Wages
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Subdivision A—Preliminary
176 AFPC’s wage-setting parameters etc.
178 Definitions
179 Meaning of casual loading provisions
180 Meaning of classification
181 Meaning of rate provisions
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Subdivision B—Guarantee of basic rates of pay
182 The guarantee
183 An employee’s guaranteed hours for the purpose of section 182
184 Modified operation of section 182 to continue effect of Supported Wage System for certain employees with a disability
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Subdivision C—Guarantee of casual loadings
185 The guarantee
186 Default casual loading percentage
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Subdivision D—Guarantee of frequency of payment
189 The guarantee
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Subdivision E—Guarantee against reductions below pre-reform commencement rates
190 The guarantee where only basic periodic rates of pay are involved
191 The guarantee where basic piece rates of pay are involved
192 The guarantee for casual loadings that apply to basic periodic rates of pay
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Subdivision F—The guarantee against reductions below Federal Minimum Wages (FMWs)
193 The guarantee
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Subdivision G—Federal Minimum Wages (FMWs)
194 When is there an FMW for an employee?
195 Standard FMW
196 Adjustment of standard FMW
199 How a special FMW is to be expressed
200 Adjustment of a special FMW
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Subdivision H—Australian Pay and Classification Scales (APCSs): general provisions
201 What is an APCS?
202 What must or may be in an APCS?
203 How pay rates and loadings are to be expressed in an APCS
204 When is employment covered by an APCS?
205 What if 2 or more APCSs would otherwise cover an employee?
207 Deeming APCS rates to at least equal FMW rates after first exercise of AFPC’s powers takes effect
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Subdivision I—Australian Pay and Classification Scales: preserved APCSs
208 Deriving preserved APCSs from pre-reform wage instruments
209 Notional adjustment: rates and loadings determined as for reform comparison day
210 Notional adjustment: deducing basic periodic rate of pay and casual loading from composite rate
211 Notional adjustment: how basic periodic rates and loadings are expressed
212 Regulations dealing with notional adjustments
213 Certain regulations relating to preserved APCSs may take effect before registration
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Subdivision K—Australian Pay and Classification Scales: duration and adjustment of APCSs (preserved or new)
215 Duration of APCSs
216 Adjustment of APCSs
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Subdivision L—Adjustments to incorporate 2005 Safety Net Review etc.
218 Adjustments to incorporate 2005 Safety Net Review
219 Regulations may require adjustments to incorporate other decisions
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Subdivision M—Special provisions relating to APCSs for employees with a disability
219A Coverage of special APCSs for employees with a disability
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Subdivision N—Miscellaneous
222 Anti-discrimination considerations
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Division 3—Maximum ordinary hours of work
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Subdivision A—Preliminary
223 Employees to whom Division applies
224 Definitions
225 Agreement between employees and employers
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Subdivision B—Guarantee of maximum ordinary hours of work
226 The guarantee
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Division 4—Annual leave
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Subdivision A—Preliminary
227 Employees to whom Division applies
228 Definitions
229 Meaning of nominal hours worked
230 Agreement between employees and employers
231 Regulations may prescribe different definitions for piece rate employees
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Subdivision B—Guarantee of annual leave
232 The guarantee
233 Entitlement to cash out annual leave
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Subdivision C—Annual leave rules
234 Annual leave—accrual, crediting and accumulation rules
235 Annual leave—payment rules
236 Rules about taking annual leave
237 Annual leave and workers’ compensation
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Subdivision D—Service: annual leave
238 Annual leave—service
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Division 5—Personal leave
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Subdivision A—Preliminary
239 Employees to whom Division applies
240 Definitions
241 Meaning of nominal hours worked
242 Agreement between employees and employers
243 Regulations may prescribe different definitions for piece rate employees
244 Meaning of personal/carer’s leave
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Subdivision B—Guarantee of paid personal/carer’s leave
245 The guarantee
245A Entitlement to cash out an amount of paid personal/carer’s leave
246 Paid personal/carer’s leave—accrual, crediting and accumulation rules
247 Paid personal/carer’s leave—payment rule
247A Entitlement to leave for all nominal hours in a day also extends to other hours on that day
248 Paid personal/carer’s leave—workers’ compensation
249 Paid carer’s leave—annual limit
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Subdivision C—Guarantee of unpaid carer’s leave
250 The guarantee
251 Unpaid carer’s leave—how taken
252 Unpaid carer’s leave—paid personal leave exhausted
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Subdivision D—Notice and evidence requirements: personal/carer’s leave
253 Sick leave—notice
254 Sick leave—documentary evidence
255 Carer’s leave—notice
256 Carer’s leave—documentary evidence
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Subdivision E—Guarantee of compassionate leave
257 The guarantee
258 Taking compassionate leave
259 Compassionate leave—payment rule
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Subdivision F—Personal leave: service
260 Paid personal leave—service
261 Unpaid carer’s leave—service
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Division 6—Parental leave
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Subdivision A—Preliminary
262 Employees to whom Division applies
263 Definitions
264 Meaning of eligible casual employee
264A Regulations may prescribe different definition for piece rate employees
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Subdivision B—Guarantee of maternity leave
265 The guarantee
266 Period of maternity leave
267 Period of special maternity leave
268 Transfer to a safe job
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Subdivision C—Maternity leave: documentation
269 Special maternity leave—documentation
270 Ordinary maternity leave—medical certificate
271 Ordinary maternity leave—application
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Subdivision D—Maternity leave: from start to finish
272 Maternity leave—start of leave
273 Requirement to take leave—for 6 weeks after birth
274 Requirement to take leave—within 6 weeks before birth
275 End of pregnancy—effect on ordinary maternity leave entitlement
276 Death of child—effect on ordinary maternity leave entitlement
277 End of ordinary maternity leave if employee stops being primary care-giver
278 Variation of period of ordinary maternity leave
279 Employee’s right to terminate employment during maternity leave
280 Return to work guarantee—maternity leave
281 Replacement employees—maternity leave
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Subdivision E—Guarantee of paternity leave
282 The guarantee
283 Period of paternity leave
284 Short paternity leave—concurrent leave taken by spouse
285 Long paternity leave—not to be concurrent with maternity leave taken by spouse
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Subdivision F—Paternity leave: documentation
286 Paternity leave—medical certificate
287 Short paternity leave—application
288 Long paternity leave—documentation
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Subdivision G—Paternity leave: from start to finish
289 Short paternity leave—when taken
290 Long paternity leave—when taken
291 End of pregnancy—effect on paternity leave
292 Death of child—effect on paternity leave
293 End of long paternity leave if employee stops being primary care-giver
294 Variation of period of long paternity leave
295 Employee’s right to terminate employment during paternity leave
296 Return to work guarantee—paternity leave
297 Replacement employees—long paternity leave
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Subdivision H—Guarantee of adoption leave
298 Meaning of eligible child
299 The guarantee—pre-adoption leave
300 The guarantee—adoption leave
301 Period of adoption leave
302 Short adoption leave—concurrent leave taken by spouse
303 Long adoption leave—not to be concurrent with adoption leave taken by spouse
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Subdivision I—Adoption leave: documentation
304 Adoption leave—notice
305 Short adoption leave—application
306 Long adoption leave—application
307 Adoption leave—additional documents
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Subdivision J—Adoption leave: from start to finish
308 Short adoption leave—when taken
309 Long adoption leave—when taken
310 Placement does not proceed—effect on adoption leave
311 End of long adoption leave if employee stops being primary care-giver
312 Variation of period of long adoption leave
313 Employee’s right to terminate employment during adoption leave
314 Return to work guarantee—adoption leave
315 Replacement employees—long adoption leave
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Subdivision K—Parental leave: service
316 Parental leave and service
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Division 7—Civil remedies
317 Definition
318 Civil remedies
319 Standing for civil remedies
320 Court orders
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Part 8—Workplace agreements
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Division 1—Preliminary
321 Definitions
322 Single business and single employer
323 New business
324 Extended operation of Part in relation to proposed workplace agreements
324A Documents taken to be workplace agreements etc.
325 Extraterritorial extension
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Division 2—Types of workplace agreements
326 Individual transitional employment agreements
327 Employee collective agreements
328 Union collective agreements
329 Union greenfields agreements
330 Employer greenfields agreements
331 Multiple-business agreements
332 Authorisation of multiple-business agreements
333 When a workplace agreement is made
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Division 3—Bargaining agents
334 Bargaining agents—ITEAs
335 Bargaining agents—employee collective agreements
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Division 4—Pre-lodgment procedure
336 Eligible employee
337 Providing employees with ready access and information statement
338 Employees may waive 7-day period
339 Prohibition on withdrawal from union collective agreement
340 Approval of a workplace agreement
341 Employer must not lodge unapproved agreement
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Division 5—Lodgment
342 Employer must lodge certain workplace agreements with the Workplace Authority Director
343 Lodging multiple-business agreement without authorisation
344 Lodging of workplace agreement documents with the Workplace Authority Director
345 Workplace Authority Director must issue receipt for lodgment of declaration for workplace agreement
346 Employer must notify employees after lodging workplace agreement
346A Employer to provide copy of lodged ITEA to employee
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Division 5A—The no-disadvantage test
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Subdivision A—Preliminary
346B Definitions
346C Application of Division to workplace agreements
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Subdivision B—The no-disadvantage test
346D When does an agreement pass the no-disadvantage test?
346E Reference instruments etc.
346F Agreements to be tested as at lodgment date
346G Designated awards—before a workplace agreement or variation is lodged
346H Designated awards—after a workplace agreement or variation is lodged
346HA Effect of State awards etc.
346J Matters taken into account when testing agreement etc.
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Subdivision C—Agreements that operate from approval, and variations of agreements
346K Application of this Subdivision
346L Applying the no-disadvantage test
346M Workplace Authority Director must notify of decision
346N Agreement does not pass no-disadvantage test
346P Lodging of variation documents with the Workplace Authority Director
346Q Workplace Authority Director must test varied agreement
346R Operation of section 346N variations
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Subdivision D—Agreements that operate from lodgment
346S Application of this Subdivision
346T Applying the no-disadvantage test
346U Workplace Authority Director must notify of decision
346V Agreement does not pass no-disadvantage test—agreement not in operation
346W Agreement does not pass no-disadvantage test—agreement in operation
346X Lodging of variation documents with the Workplace Authority Director
346Y Operation of section 346W variations
346Z Workplace Authority Director must test varied agreement
346ZA Effect of decision on no-disadvantage test
346ZB Employment arrangements that apply if a workplace agreement ceases to operate because it does not pass no-disadvantage test
346ZC Effect of section 346ZB in relation to instruments
346ZD Redundancy provisions and section 394 undertakings
346ZE Operation of workplace agreements
346ZF Regulations may make provision for operation of provisions of revived instruments
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Subdivision E—Entitlement to compensation
346ZG Employee is entitled to compensation in respect of no-disadvantage test period
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Subdivision F—Civil remedy provisions
346ZH Employer must notify employees
346ZJ Employer not to dismiss etc. employee because agreement does not pass the no-disadvantage test
346ZK Other remedies for the contravention of section 346ZJ
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Division 6—Operation of workplace agreements and persons bound
347 When a workplace agreement is in operation
347A Whether certain non-compliance affects the operation of a workplace agreement
348 Relationship between overlapping workplace agreements
349 Effect of awards while workplace agreement is in operation
350 Workplace agreement displaces certain Commonwealth laws
351 Persons bound by workplace agreements
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Division 7—Content of workplace agreements
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Subdivision A—Required content
352 Nominal expiry date
353 Workplace agreement to include dispute settlement procedures
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Subdivision B—Prohibited content
356 Prohibited content
357 Employer must not lodge agreement containing prohibited content
358 Prohibited content in workplace agreement is void
359 Initiating consideration of removal of prohibited content
360 Workplace Authority Director must give notice that he or she is considering variation
361 Matters to be contained in notice
362 Employer must ensure employees have ready access to notice
363 Workplace Authority Director must remove prohibited content from agreement
364 Employer must give employees notice of removal of prohibited content
365 Seeking to include prohibited content in an agreement
366 Misrepresentations about prohibited content
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Division 8—Varying a workplace agreement
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Subdivision A—General
367 Varying a workplace agreement
368 When a variation to a workplace agreement is made
368A Documents taken to be variations of workplace agreements etc.
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Subdivision B—Pre-lodgment procedure for variations
369 Eligible employee in relation to variation of workplace agreement
370 Providing employees with ready access and information statement
371 Employees may waive 7-day period
372 Prohibition on withdrawal from variation to union collective agreement or union greenfields agreement
373 Approval of a variation to a workplace agreement
374 Employer must not lodge unapproved variation
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Subdivision C—Lodgment of variations
375 Employer must lodge variations with the Workplace Authority Director
376 Lodging variation to multiple-business agreement without authorisation
377 Lodging of variation documents with the Workplace Authority Director
378 Workplace Authority Director must issue receipt for lodgment of declaration for variation
379 Employer must notify employees after lodging variation
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Subdivision D—When a variation comes into operation
380 When a variation comes into operation
380A Whether certain non-compliance affects the operation of a variation
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Division 9—Terminating a workplace agreement
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Subdivision A—General
381 Types of termination
381A Documents taken to be terminations of workplace agreements etc.
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Subdivision B—Termination by approval (pre-lodgment procedure)
382 Terminating a workplace agreement by approval
383 Eligible employee in relation to termination of workplace agreement
384 Providing employees with information statement
385 Prohibition on withdrawal from termination of union collective agreement or union greenfields agreement
386 Approval of a termination
387 Employer must not lodge unapproved termination
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Subdivision C—Termination by approval (lodgment)
388 Employer must lodge termination with the Workplace Authority Director
389 Lodging termination documents with the Workplace Authority Director
390 Workplace Authority Director must issue receipt for lodgment of declaration for termination
391 Employer must notify employees after lodging termination
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Subdivision D—Unilateral termination after nominal expiry date
392 Unilateral termination in a manner provided for in workplace agreement
393 Unilateral termination of ITEA with 90 days written notice
394 Undertakings about post-termination conditions
395 Lodging unilateral termination documents with the Workplace Authority Director
396 Workplace Authority Director must issue receipt for lodgment of declaration for notice of termination
397 Employer must notify employees after lodging notice of termination
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Subdivision DA—Termination by the Commission
397A Termination by the Commission
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Subdivision E—Effect of termination
398 Whether a termination takes effect if certain non-compliance occurs
399A Preservation of redundancy provisions in certain circumstances
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Division 10—Prohibited conduct
400 Coercion and duress
401 False or misleading statements
402 Employers not to discriminate between unionist and non-unionist
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Division 11—Contravention of civil remedy provisions
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Subdivision A—General
403 General powers of Court not affected by this Division
404 Workplace inspector may take over proceeding
405 Standing for civil remedies
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Subdivision B—Pecuniary penalty for contravention of civil remedy provisions
406 Application of Subdivision
407 Court may order pecuniary penalty
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Subdivision C—Other remedies for contravention of certain civil remedy provisions
408 Application of Subdivision
409 Court may declare workplace agreement or part of workplace agreement void
410 Court may vary terms of workplace agreement
411 Court may order that workplace agreement continues to operate despite termination
412 Date of effect and preconditions for orders under sections 409, 410 and 411
412A Court may give effect to purported workplace agreements etc.
413 Court may order compensation
414 Court may order injunction
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Division 12—Miscellaneous
415 ITEAs with Commonwealth employees
416 Evidence—verified copies
417 Evidence—certificates
418 Regulations relating to workplace agreements
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Part 9—Industrial action
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Division 1—Preliminary
419 Definitions
420 Meaning of industrial action
421 Meaning of pattern bargaining
422 Extraterritorial extension
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Division 2—Bargaining periods
423 Initiation of bargaining period
424 Employee may appoint agent to initiate bargaining period
425 Identity of person who has appointed agent not to be disclosed
426 Particulars to accompany notice
427 When bargaining period begins
428 When bargaining period ends
429 Power of Commission to restrict initiation of new bargaining periods
430 Suspension and termination of bargaining periods—general powers of Commission
431 Suspension and termination of bargaining periods—pattern bargaining
432 Suspension of bargaining periods—cooling off
433 Suspension of bargaining periods—significant harm to third party
434 Industrial action without further protected action ballot after end of suspension of bargaining period
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Division 3—Protected action
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Subdivision A—What is protected action?
435 Protected action
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Subdivision B—Exclusions from protected action
436 Exclusion—claims in support of inclusion of prohibited content
437 Exclusion—industrial action while bargaining period is suspended
438 Exclusion—industrial action must not involve persons who are not protected for that industrial action
439 Exclusion—industrial action must not be in support of pattern bargaining claims
440 Exclusion—industrial action must not be taken until after nominal expiry date of workplace agreements or workplace determinations
441 Exclusion—notice of action to be given
442 Employee may appoint agent to give notice under section 441
443 Exclusion—requirement that employee organisation or employee comply with Commission orders and directions
444 Exclusion—requirement that employer genuinely try to reach agreement etc.
445 Exclusion—employee and employee organisation action to be authorised by secret ballot or be in response to employer action
446 Exclusion—employee organisation action must be duly authorised
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Subdivision C—Significance of action being protected action
447 Immunity provisions
448 Employer not to dismiss employee etc. for engaging in protected action
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Division 4—Secret ballots on proposed protected action
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Subdivision A—General
449 Object of Division and overview of Division
450 Definitions
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Subdivision B—Application for order for protected action ballot to be held
451 Who may apply for a ballot order etc.
452 Contents of application
453 Material to accompany application
454 Notice of application
455 Joint applications
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Subdivision C—Determination of application and order for ballot to be held
456 Commission may notify parties etc. of procedure
457 Commission to act quickly in relation to application etc.
458 Parties and relevant employees may make submissions and apply for directions
459 Commission may make orders or give directions
460 Commission procedure regarding multiple applications
461 Application not to be granted unless certain conditions are met
462 Grant of application—order for ballot to be held
463 Matters to be included in order
464 Guidelines for ballot timetables
465 Power of Commission to require information relevant to roll of voters
466 Roll to be compiled by Commission or ballot agent
467 Eligibility to be included on the roll
468 Adding or removing names from the roll
469 Variation of order
470 Expiry and revocation of order
471 Compliance with orders and directions
472 Commission to notify parties and authorised ballot agent
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Subdivision D—Conduct and results of protected action ballot
473 Conduct of ballot
474 Form of ballot paper
475 Who can vote
476 Declaration of ballot results
477 Ballot reports
478 Effect of ballot
479 Registrar to record questions put in ballot, and to publish results of ballot
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Subdivision E—Authorised ballot agents and authorised independent advisers
480 Who may be an authorised ballot agent?
481 Who may be an authorised independent adviser?
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Subdivision F—Funding of ballots
482 Liability for cost of ballot
483 Commonwealth has partial liability for cost of completed ballot
484 Liability for cost of legal challenges
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Subdivision G—Miscellaneous
485 Identity of certain persons not to be disclosed by Commission
486 Persons not to disclose identity of certain persons
487 Immunity if person acted in good faith on ballot results
488 Limits on challenges etc. to ballot orders etc.
489 Limits on challenges etc. to ballots
490 Penalties not affected
491 Preservation of roll of voters, ballot papers etc.
492 Conferral of function on Australian Electoral Commission
493 Regulations
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Division 5—Industrial action not to be engaged in before nominal expiry date of workplace agreement or workplace determination
494 Industrial action etc. must not be taken before nominal expiry date of collective agreement or workplace determinations
495 Industrial action must not be taken before nominal expiry date of ITEA
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Division 6—Orders and injunctions against industrial action
496 Orders and injunctions against industrial action—general
497 Injunction against industrial action if pattern bargaining engaged in in relation to proposed collective agreement
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Division 7—Ministerial declarations terminating bargaining periods
498 Minister’s declaration
499 Minister’s directions to remove or reduce the threat
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Division 8—Workplace determinations
500 Application of Division
501 Definitions
502 Negotiating period
503 When Full Bench must make workplace determination
504 Content of workplace determination
505 Who is bound by a workplace determination?
506 Act applies to workplace determination as if it were a collective agreement
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Division 9—Payments in relation to periods of industrial action
507 Payments not to be made or accepted in relation to periods of industrial action
508 Organisations not to take action for payments in relation to periods of industrial action
509 Persons not to coerce people for payments in relation to periods of industrial action
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Part 10—Awards
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Division 1—Preliminary
510 Objects of Part
511 Performance of functions by the Commission
512 Extraterritorial extension
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Division 2—Terms that may be included in awards
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Subdivision A—Allowable award matters
513 Allowable award matters
514 Dispute settling procedures
515 Matters that are not allowable award matters
516 Matters provided for by the Australian Fair Pay and Conditions Standard
517 Awards may not include terms involving discrimination and preference
518 Awards may not include certain terms about rights of entry
519 Awards may not include enterprise flexibility provisions
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Subdivision B—Other terms that are permitted to be in awards
520 Preserved award terms
521 Facilitative provisions
522 Incidental and machinery terms
523 Anti-discrimination clauses
524 Boards of reference
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Subdivision C—Terms in awards that cease to have effect
525 Terms in awards that cease to have effect after the reform commencement
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Subdivision D—Regulations relating to part-time employees
526 Award conditions for part-time employees
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Division 3—Preserved award entitlements
527 Preservation of certain award terms
529 When preserved award entitlements have effect
530 Meaning of more generous
531 Modifications that may be prescribed—personal/carer’s leave
532 Modifications that may be prescribed—parental leave
533 Preserved award terms—employers bound after reform commencement
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Division 5—Variation and revocation of awards
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Subdivision A—Variation of awards
552 Variation of awards—general
553 Variation of awards if essential to maintain minimum safety net entitlements
554 Variation of awards—other grounds
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Subdivision B—Revocation of awards
556 Revocation of awards—award obsolete or no longer capable of operating
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Division 6—Binding additional employers, employees and organisations to awards
557 Binding additional employers, employees and organisations to an award
558 Application to be bound by an award—agreement between employer and employees
559 Application to be bound by an award—no agreement between employer and employees
560 Application to be bound by an award—new organisations
561 Application by new organisation to be bound by an award—when application may be made
562 Process for valid majority of employees
563 General provisions
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Division 7—Outworkers
564 Definitions
566 Binding additional eligible entities and employers
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Division 8—Technical matters
567 Making and publication of awards and award-related orders
568 Awards and award-related orders must meet certain requirements
569 Registrar’s powers if member ceases to be a member
570 Form of awards
571 Date of awards
572 Commencement of awards
573 Continuation of awards
574 Awards of Commission are final
575 Reprints of awards as varied
576 Expressions used in awards
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Part 10A—Award modernisation
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Division 1—Preliminary
576A Object of Part
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Division 2—Award modernisation process
576B Commission’s award modernisation function
576C Award modernisation request
576D Award modernisation request to be published
576E Procedure for carrying out award modernisation process
576F Completion of award modernisation process
576G Full Bench must make modern awards
576H Commission may vary modern awards
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Division 3—Terms of modern awards
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Subdivision A—Terms that may be included in modern awards
576J Matters that may be dealt with by modern awards
576K Terms providing for outworkers
576L Terms may only provide a fair minimum safety net
576M Incidental and machinery terms
576N Terms must be in accordance with award modernisation request
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Subdivision B—Terms that must not be included in modern awards
576P Terms not permitted by Subdivision A
576Q Terms that breach freedom of association provisions
576R Terms about right of entry
576S Terms that are discriminatory
576T Terms that contain State-based differences
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Division 4—Who is bound by modern awards
576U Definitions
576V Who is bound by a modern award
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Division 5—Technical matters
576W Formal requirements of modern awards and variation orders
576X When is a modern award or variation order made
576Y Commencement of modern awards and variation orders
576Z Modern awards and variation orders must be published
576ZA Modern awards and variation orders are final
576ZB Expressions used in modern awards and variation orders
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Part 11—Transmission of business rules
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Division 1—Introductory
577 Object
578 Simplified outline
579 Definitions
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Division 2—Application of Part
580 Application of Part
581 Transferring employees
582 Transferring employees in relation to particular instrument
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Division 3—Transmission of ITEA
583 Transmission of ITEA
584 Termination of transmitted ITEA
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Division 4—Transmission of collective agreement
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Subdivision A—General
585 Transmission of collective agreement
586 Interaction rules
587 Transmitted collective agreement ceasing in relation to transferring employee
588 Termination of transmitted collective agreement
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Subdivision B—Commission’s powers
589 Application and terminology
590 Commission may make order
591 When application for order can be made
592 Who may apply for order
593 Applicant to give notice of application
594 Submissions in relation to application
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Division 5—Transmission of award
595 Transmission of award
596 Interaction rules
597 Transmitted award ceasing in relation to transferring employee
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Division 6—Transmission of APCS
598 Transmission of APCS
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Division 6A—Transmission of preserved redundancy provisions from workplace agreements
598A Transmission of preserved redundancy provisions from workplace agreements
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Division 7—Entitlements under the Australian Fair Pay and Conditions Standard
599 Parental leave entitlements
600 New employer assuming liability for particular entitlements
601 New employer assuming entitlements generally
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Division 7A—Application of no-disadvantage test
601A No decision under section 346D at time of transmission
601B No decision on a varied agreement under section 346Z at time of transmission
601C Employees still employed by old employer
601D Employment arrangements if a workplace agreement ceases to operate because it does not pass no-disadvantage test
601E Effect of section 601D in relation to instruments
601F Regulations may make provision for operation of revived instruments
601G Compensation in respect of no-disadvantage test period
601H Notice requirements in relation to transmission of business
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Division 8—Notice requirements and enforcement
602 Informing transferring employees about transmission of instrument
603 Lodging copy of notice with Workplace Authority Director
603A Informing transferring employees about transmission of preserved redundancy provisions
603B Lodging copy of notice about preserved redundancy provisions with Workplace Authority Director
604 Workplace Authority Director must issue receipt for lodgment
605 Civil penalties
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Division 9—Miscellaneous
606 Regulations
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Part 12—Minimum entitlements of employees
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Division 1—Entitlement to meal breaks
607 Meal breaks
608 Displacement of entitlement to meal breaks
609 Model dispute resolution process
610 Extraterritorial extension
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Division 2—Entitlement to public holidays
611 Definition of public holiday
612 Entitlement to public holidays
613 Reasonableness of refusal
614 Model dispute resolution process
615 Employer not to prejudice employee for reasonable refusal
616 Penalties etc. for contravention of section 615
617 Burden of proof in relation to reasonableness of refusal
618 Proof not required of the reason for conduct
619 Extraterritorial extension
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Division 3—Equal remuneration for work of equal value
620 Object
621 Relationship of this Division to other laws providing alternative remedies
622 Relationship of this Division to AFPC decisions and the Australian Fair Pay and Conditions Standard
623 Equal remuneration for work of equal value
624 Orders requiring equal remuneration
625 Orders only on application
626 Conciliation or mediation
627 If conciliation or mediation is unsuccessful
628 Hearing of matter by member who conducted conciliation
629 Immediate or progressive introduction of equal remuneration
630 Employer not to reduce remuneration
631 Employer not to prejudice employee
632 Penalties etc. for contravention of section 631
633 Proof not required of the reason for conduct
634 Extraterritorial extension
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Division 4—Termination of employment
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Subdivision A—Object, application and definitions
635 Object
636 Meaning of employee, employer and employment
637 Application
638 Exclusions
639 Regulations may provide for additional exclusions
640 People’s rights, liabilities and obligations the same as if certain provisions of the regulations had been valid
641 Extraterritorial extension
642 Definitions
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Subdivision B—Application to Commission for relief in respect of termination of employment
643 Application to Commission to deal with termination under this Subdivision
644 Fees for lodging applications under section 643
645 Motions for dismissal of application for want of jurisdiction
646 Applications that are frivolous, vexatious or lacking in substance
647 Extension of time applications may be decided without a hearing
648 Matters that do not require a hearing
649 Dismissal of application relating to termination for operational reasons
650 Conciliation
651 Elections to proceed to arbitration or to begin court proceedings
652 Arbitration
653 Exercise of arbitration powers by member who has exercised conciliation powers
654 Remedies on arbitration
655 Orders made on arbitration are binding
656 Representatives to disclose contingency fee agreements
657 Commission may dismiss application if applicant fails to attend
658 Commission may order payment of costs
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Subdivision C—Unlawful termination of employment by employer
659 Employment not to be terminated on certain grounds
660 Employer to notify CES of proposed terminations in certain cases
661 Employer to give notice of termination
662 Contravention of this Subdivision not an offence
663 Application to courts in relation to alleged contravention of section 659, 660 or 661
664 Proof of issues in relation to alleged contravention of section 659
665 Orders available to courts
666 Costs
667 Small claims procedure
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Subdivision D—Commission orders after employer fails to consult trade union about terminations
668 Orders by Commission where employer fails to consult trade union about terminations
669 Orders only on application
670 Powers and procedures of Commission for dealing with applications
671 No order if alternative remedy exists
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Subdivision E—Rights relating to termination of employment
672 Limitation on applications alleging termination on paragraph 643(1)(a) grounds
673 No second applications under section 643 concerning same termination to be made
674 Limitation on applications alleging unlawful termination
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Subdivision F—Unmeritorious or speculative proceedings
675 Definitions
676 Advisers not to encourage applicants to make, or to pursue, certain applications
677 Applications to the Court
678 Evidentiary matters
679 Order that the Court may make
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Division 5—Orders and proceedings
680 Orders to be in writing
681 When orders take effect
682 Compliance with orders
683 Variation and revocation of orders
684 Representation of employers
685 Appeals to Full Bench
686 Inconsistency with awards or other orders of Commission
687 Meaning of employee and employer
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Division 6—Parental leave
688 Object and application of Division
689 Entitlement to parental leave
690 Division supplements other laws
691 Model dispute resolution process
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Division 7—Stand downs
691A Employer may stand down employees in certain circumstances
691B Prohibition of unauthorised stand downs
691C Extraterritorial extension
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Part 13—Dispute resolution processes
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Division 1—Preliminary
692 Object
693 Court process
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Division 2—Model dispute resolution process
694 Model dispute resolution process
695 Resolving dispute at workplace level
696 Where dispute cannot be resolved at workplace level
697 Conduct during dispute
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Division 3—Alternative dispute resolution process conducted by Commission under model dispute resolution process
698 Alternative dispute resolution process
699 Application
700 Refusing application
701 Commission’s powers
702 Privacy
703 When alternative dispute resolution process complete
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Division 4—Alternative dispute resolution process used to resolve other disputes
704 Application
705 Grounds on which Commission must refuse application
706 Powers of the Commission
707 Privacy
708 When alternative dispute resolution process complete
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Division 5—Dispute resolution process conducted by the Commission under workplace agreement
709 Application
710 Grounds on which Commission must refuse application
711 Commission’s powers
712 Privacy
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Division 6—Dispute resolution process conducted by another provider
713 Application of this Division
714 Representation
715 Privacy
716 Where anti-discrimination or equal opportunity proceedings in progress
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Part 14—Compliance
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Division 1—Definitions
717 Definitions
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Division 2—Penalties and other remedies for contravention of applicable provisions
718 Standing to apply for penalties or remedies under this Division
719 Imposition and recovery of penalties
720 Recovery of wages etc.
721 Damages for breach of ITEA
722 Interest up to judgment
723 Interest on judgment
724 Plaintiffs may choose small claims procedure in magistrates’ courts
725 Small claims procedure
726 Unclaimed moneys
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Division 3—General provisions relating to civil remedies
727 Operation of this Division
728 Involvement in contravention treated in same way as actual contravention
729 Civil evidence and procedure rules for civil remedy orders
730 Recovery of pecuniary penalties
731 Civil proceedings after criminal proceedings
732 Criminal proceedings during civil proceedings
733 Criminal proceedings after civil proceedings
734 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
735 Civil double jeopardy
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Part 15—Right of entry
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Division 1—Preliminary
736 Objects of this Part
737 Definitions
738 Form of entry notice
739 Extraterritorial extension
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Division 2—Issue of permits
740 Issue of permit
741 Imposition of permit conditions at time of issue
742 Permit not to be issued in certain cases
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Division 3—Expiry, revocation, suspension etc. of permits
743 Expiry of permit
744 Revocation, suspension etc. by Registrar
745 Revoked etc. permit must be returned to Registrar
746 Extra conditions to be endorsed on permit
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Division 4—Right of entry to investigate suspected breaches
747 Right of entry to investigate breach
748 Rights of permit holder after entering premises
749 Limitation on rights—entry notice or exemption certificate
750 Exemption from requirement to provide entry notice
751 Limitation on rights—failure to comply with requests of occupier or affected employer
752 Limitation on rights—residential premises
753 Limitation on rights—permit conditions
754 Burden of proving reasonable grounds for suspecting breach
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Division 5—Entry for OHS purposes
755 OHS entries to which this Division applies
756 Permit required for OHS entry
757 Rights to inspect employment records after entering premises
758 Limitation on OHS entry—failure to comply with requests of occupier
759 Limitation on OHS entry—permit conditions
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Division 6—Right of entry to hold discussions with employees
760 Right of entry to hold discussions with employees
761 Limitation on rights—times of entry and discussions
762 Limitation on rights—conscientious objection certificates
763 Limitation on rights—entry notice
764 Limitation on rights—residential premises
765 Limitation on rights—failure to comply with requests of occupier or affected employer
766 Limitation on rights—permit conditions
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Division 7—Prohibitions
767 Hindering, obstruction etc. in relation to this Part
768 Misrepresentations about right of entry
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Division 8—Enforcement
769 Penalties etc. for contravention of civil remedy provisions
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Division 9—Powers of the Commission
770 Orders by Commission for abuse of system
771 Unreasonable requests by occupier or affected employer
772 Disputes about the operation of this Part
773 Powers of inspection
774 Parties to proceedings
775 Kinds of orders
776 Relief not limited to claim
777 Publishing orders
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Part 16—Freedom of association
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Division 1—Preliminary
778 Objects of Part
779 Definitions
780 Meaning of industrial action
781 Meaning of office
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Division 2—Conduct to which this Part applies
782 Application
783 Organisations
784 Matters arising under this Act or the Registration and Accountability of Organisations Schedule
785 Constitutional corporations
786 Commonwealth and Commonwealth authorities
787 Territories and Commonwealth places
788 Extraterritorial extension
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Division 3—General prohibitions relating to freedom of association
789 Coercion
790 False or misleading statements about membership
791 Industrial action for reasons relating to membership
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Division 4—Conduct by employers etc.
792 Dismissal etc. of members of industrial associations etc.
793 Prohibited reasons
794 Inducements to cease membership etc. of industrial associations etc.
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Division 5—Conduct by employees etc.
795 Cessation of work
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Division 6—Conduct by industrial associations etc.
796 Industrial associations acting against employers
797 Industrial associations acting against employees etc.
798 Industrial associations acting against members
799 Industrial associations acting against independent contractors etc.
800 Industrial associations acting against independent contractors etc. to encourage contraventions
801 Industrial associations not to demand bargaining services fee
802 Action to coerce person to pay bargaining services fee
803 Industrial associations not prevented from entering contracts
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Division 7—Conduct in relation to industrial instruments
804 Discrimination against employer in relation to industrial instruments
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Division 8—False or misleading representations about bargaining services fees etc.
805 False or misleading representations about bargaining services fees etc.
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Division 9—Enforcement
806 Definition
807 Penalties etc. for contravention of civil remedy provisions
808 Conduct that contravenes Division 3 and another Division of this Part
809 Proof not required of the reason for, or the intention of, conduct
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Division 10—Objectionable provisions
810 Meaning of objectionable provision
811 Objectionable provisions etc. in industrial instruments etc.
812 Removal of objectionable provisions from awards
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Division 11—Miscellaneous
813 Freedom of association not dependent on certificate
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Part 17—Offences
814 Offences in relation to Commission
815 Attendance at compulsory conferences
816 Intimidation etc.
817 Creating disturbance near Commission
818 Offences relating to witnesses
819 Non-compliance with requirement made by an inspector
820 False statement in application for protected action ballot order
821 Offences in relation to secret ballots ordered under Division 4 of Part 9
822 Contracts entered into by agents of employers
823 Publication of trade secrets etc.
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Part 18—Costs
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Division 1—Costs
824 Costs only where proceeding instituted vexatiously etc.
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Part 19—Miscellaneous
825 Delegation by Minister
826 Conduct by officers, directors, employees or agents
827 Signature on behalf of body corporate
828 No imprisonment in default
829 Jurisdiction of courts limited as to area
830 Public sector employer to act through employing authority
831 Variation of workplace agreements on grounds of sex discrimination
835 Proceedings by and against unincorporated clubs
836 Records relating to employees
837 Inspection of documents etc.
838 Interim injunctions
839 Trade secrets etc. tendered as evidence
840 Powers of courts
841 Application of penalty
842 Enforcement of penalties etc.
843 Appropriation for payment of certain salaries and allowances
844 Reports about developments in making agreements
845 Acquisition of property
846 Regulations
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Part 20—Jurisdiction of the Federal Court of Australia and Federal Magistrates Court
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Division 1—Original jurisdiction
847 Jurisdiction of Court
848 Interpretation of awards
849 Interpretation of certified agreements
850 Exclusive jurisdiction
851 Exercise of Court’s original jurisdiction
852 Reference of proceedings to Full Court
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Division 2—Appellate jurisdiction
853 Appeals from State and Territory courts
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Division 3—Representation and intervention
854 Representation of parties before the Court or the Federal Magistrates Court
855 Intervention generally
856 Particular rights of intervention of Minister
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Part 21—Matters referred by Victoria
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Division 1—Introduction
857 Objects
858 Definitions
859 Part only has effect if supported by reference
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Division 2—Pay and conditions
860 Additional effect of Act—AFPC’s powers
861 Additional effect of Act—Australian Fair Pay and Conditions Standard
862 Application of the Australian Fair Pay and Conditions Standard to employees in Victoria
863 Additional provisions of the Australian Fair Pay and Conditions Standard
864 Adjustment of APCSs
865 Limitation on application of minimum wage standards
866 Guarantee against reductions below pre-reform basic periodic rates of pay
867 Guarantee against reductions below pre-reform casual loadings that apply to basic periodic rates of pay
868 Additional effect of Act—enforcement of, and compliance with, the Australian Fair Pay and Conditions Standard
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Division 3—Workplace agreements
869 Additional effect of Act—workplace agreements
870 Workplace agreements—mandatory term about basic periodic rate of pay
871 Workplace agreements—mandatory term about casual loading
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Division 4—Industrial action
872 Additional effect of Act—industrial action
873 Intervention in proceedings under Part 9
874 Additional effect of Act—enforcement of, and compliance with, orders under Part 9
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Division 5—Meal breaks
875 Additional effect of Act—meal breaks
876 Additional effect of Act—enforcement of, and compliance with, section 607
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Division 6—Public holidays
877 Additional effect of Act—public holidays
878 Additional effect of Act—enforcement of, and compliance with, section 612
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Division 7—Termination of employment
879 Additional effect of Act—termination of employment
880 Additional effect of Act—enforcement of, and compliance with, orders under Division 4 of Part 12
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Division 7A—Stand downs
880A Additional effect of Act—stand downs
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Division 8—Freedom of association
881 Additional effect of Act—freedom of association
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Division 9—Right of entry
882 Right of entry
883 Additional effect of Act—enforcement of, and compliance with, orders under Part 15
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Division 10—Employee records and pay slips
884 Additional effect of Act—employee records and pay slips
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Division 11—Transmission of business
885 Additional effect of Act—transmission of business
886 Additional effect of Act—enforcement of, and compliance with, orders under Part 11
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Division 11A—Sham arrangements
886A Additional effect of Act—sham arrangements
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Division 12—Employment agreements
887 Definitions
888 Application of this Division
889 Inconsistency with other Commonwealth laws
890 Continued operation of employment agreements
892 Model dispute resolution process
893 Additional effect of Act—enforcing employment agreements
894 Employer to give copy of employment agreement
895 Registrar not to divulge information in employment agreements
896 Relationship between employment agreements and Australian Fair Pay and Conditions Standard
897 Relationship between employment agreements and awards
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Division 13—Exclusion of Victorian laws
898 Additional effect of Act—exclusion of Victorian laws
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Division 14—Additional effect of other provisions of this Act
899 Additional effect of other provisions of this Act
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Part 22—Sham arrangements
900 Misrepresenting an employment relationship as an independent contracting arrangement
901 Misrepresenting a proposed employment relationship as a proposed independent contract arrangement
902 Dismissal etc. for purpose of engaging certain persons as independent contractors
903 Prohibited conduct for purpose of engaging certain persons as independent contractors
904 Penalty for contravention
905 Meaning of Court
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Part 23—School-based apprentices and trainees
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Division 1—Preliminary
914 Definitions
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Division 2—School-based apprentices
915 Additional conditions for school-based apprentices
916 Pay for apprentices who were school-based apprentices
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Division 3—School-based trainees
917 Additional conditions for school-based trainees
918 Loading in lieu of certain conditions
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Division 4—Enforcement
919 Enforcement
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Volume 2
Schedule 1—Registration and Accountability of Organisations
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Chapter 1—Objects of Schedule and general provisions
1 Simplified outline of Chapter
5 Parliament’s intention in enacting this Schedule
5A Schedule binds Crown
6 Definitions
6A References to provisions in this Schedule
7 Meaning of industrial action
9 Meaning of office
10 Forging and uttering
11 Actions and opinions of AEC
12 Membership of organisations
13 Functions of the Industrial Registry
14 President may establish Organisations Panel
15 Disapplication of Part 2.5 of Criminal Code
16 Operation of offence provisions
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Chapter 2—Registration and cancellation of registration
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Part 1—Simplified outline of Chapter
17 Simplified outline
Part 2—Registration
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Division 1—Types of associations that may apply for registration
18 Employer and employee associations may apply
18A Federally registrable employer associations
18B Federally registrable employee associations
18C Federally registrable enterprise associations
18D Constitutional validity
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Division 2—Registration criteria
19 Criteria for registration of associations other than enterprise associations
20 Criteria for registration of enterprise associations
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Division 3—Prohibited conduct in relation to formation or registration of employee associations
21 Prohibited conduct—employers
22 Prohibited conduct—organisations
23 Powers of Federal Court in relation to prohibited conduct
24 Certain actions considered to be done by organisation or employer
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Division 4—Registration process
25 Applicant for registration may change its name or alter its rules
26 Registration
27 Incorporation
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Part 3—Cancellation of registration
28 Application for cancellation of registration
29 Orders where cancellation of registration deferred
30 Cancellation of registration on technical grounds etc.
31 Cancellation to be recorded
32 Consequences of cancellation of registration
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Part 4—Commission’s powers under this Chapter
33 Powers exercisable by Presidential Member
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Chapter 3—Amalgamation and withdrawal from amalgamation
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Part 1—Simplified outline of Chapter
34 Simplified outline
Part 2—Amalgamation of organisations
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Division 1—General
35 Definitions
36 Procedure to be followed for proposed amalgamation etc.
37 Exercise of Commission’s powers under this Part
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Division 2—Preliminary matters
38 Federations
39 Use of resources to support proposed amalgamation
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Division 3—Commencement of amalgamation procedure
40 Scheme for amalgamation
41 Alternative scheme for amalgamation
42 Approval by committee of management
43 Community of interest declaration
44 Application for approval for submission of amalgamation to ballot
45 Holding office after amalgamation
46 Application for exemption from ballot
47 Application for ballot not conducted under section 65
48 Lodging “yes” case
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Division 4—Role of AEC
49 Ballots to be conducted by AEC
50 Notification of AEC
51 Providing information etc. to electoral officials
52 Declaration by secretary etc. of organisation
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Division 5—Procedure for approval of amalgamation
53 Fixing hearing in relation to amalgamation etc.
54 Submissions at amalgamation hearings
55 Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.
56 Objections in relation to amalgamation involving extension of eligibility rules etc.
57 Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.
58 Fixing commencing and closing days of ballot
59 Roll of voters for ballot
60 “Yes” case and “no” case for amalgamation
61 Alteration and amendment of scheme
62 Outline of scheme for amalgamation
63 Exemption from ballot
64 Approval for ballot not conducted under section 65
65 Secret postal ballot of members
66 Determination of approval of amalgamation by members
67 Further ballot if amalgamation not approved
68 Post-ballot report by AEC
69 Inquiries into irregularities
70 Approval of amalgamation
71 Expenses of ballot
72 Offences in relation to ballot
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Division 6—Amalgamation taking effect
73 Action to be taken after ballot
74 Assets and liabilities of de-registered organisation become assets and liabilities of amalgamated organisation
75 Resignation from membership
76 Effect of amalgamation on awards, orders and collective agreements
77 Effect of amalgamation on agreement under section 151
78 Instruments
79 Pending proceedings
80 Division applies despite laws and agreements prohibiting transfer etc.
81 Amalgamated organisation to take steps necessary to carry out amalgamation
82 Certificates in relation to land and interests in land
83 Certificates in relation to charges
84 Certificates in relation to shares etc.
85 Certificates in relation to other assets
86 Other matters
87 Federal Court may resolve difficulties
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Division 7—Validation
88 Validation of certain acts done in good faith
89 Validation of certain acts after 4 years
90 Orders affecting application of section 88 or 89
91 Federal Court may make orders in relation to consequences of invalidity
Part 3—Withdrawal from amalgamations
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Division 1—General
92 Object of Part
93 Definitions etc.
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Division 2—Ballots for withdrawal from amalgamated organisations
94 Applications to the Commission for ballots
95 Outline of proposed withdrawal
96 Filing the “yes” case
97 Filing the “no” case
98 Provisions relating to outlines and statements of “yes” and “no” cases
99 Notifying of applications for ballots
100 Orders for ballots
101 Financial members only eligible to vote
102 Conduct of ballots
103 Providing information etc. to electoral officials
104 Declaration by secretary etc. of organisation
105 Offences in relation to ballots
106 Certificate showing particulars of the ballot
107 Post-ballot report by AEC
108 Inquiries into irregularities
108A Powers of the Commission to be exercised by President or Full Bench
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Division 3—Giving effect to ballots
109 Determining the day of withdrawal
110 Registration of constituent part
111 Choice of organisation following withdrawal of separately identifiable constituent part
112 Members of amalgamated organisation may join newly registered organisation
113 Orders of the Commission, awards etc. made before withdrawal
113A Collective agreements made after withdrawal
114 Effect of withdrawal on agreement under section 151
115 Instruments
116 Pending proceedings
117 Division applies despite laws and agreements prohibiting transfer etc.
118 Amalgamated organisation, constituent part and newly registered organisation to take necessary steps
119 Certificates in relation to land and interests in land
120 Certificates in relation to charges
121 Certificates in relation to shares etc.
122 Certificates in relation to other assets
123 Holding office after withdrawal
124 Other matters
125 Federal Court may resolve difficulties
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Division 4—Validation
126 Validation of certain acts done in good faith
127 Validation of certain acts after 4 years
128 Orders affecting application of section 126 or 127
129 Federal Court may make orders in relation to consequences of invalidity
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Division 5—Miscellaneous
130 Certain actions etc. not to constitute breach of rules of amalgamated organisation
131 Amalgamated organisation not to penalise members etc.
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Chapter 4—Representation orders
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Part 1—Simplified outline
132 Simplified outline
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Part 2—Representation orders
133 Orders about representation rights of organisations of employees
134 Preconditions for making of orders
135 Factors to be taken into account by Commission
136 Order may be subject to limits
137 Organisation must comply with order
138 Exercise of Commission’s powers under this Chapter
138A Representation rights of former State-registered associations
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Chapter 5—Rules of organisations
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Part 1—Simplified outline of Chapter
139 Simplified outline
Part 2—Rules of organisations
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Division 1—General
140 Organisations to have rules
141 Rules of organisations
142 General requirements for rules
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Division 2—Rules relating to elections for office
143 Rules to provide for elections for offices
144 Rules to provide for elections for office by secret postal ballot
145 Rules to provide for terms of office
146 Rules may provide for filling of casual vacancies
147 Model rules for conduct of elections
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Division 3—Rules relating to conduct of officers and employees
148 Model rules about conduct of officers and employees
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Division 4—Other rules
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Subdivision A—Loans, grants and donations
149 Rules to provide conditions for loans, grants and donations by organisations
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Subdivision B—Agreements between organisations and State unions
150 Definitions
151 Membership agreements
152 Assets and liabilities agreements
153 Party to section 152 agreement may apply to Federal Court for orders
154 Termination of section 152 agreement
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Subdivision C—Miscellaneous
155 Exercise of Commission’s powers under this Division
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Division 5—Alteration of rules and evidence of rules
156 Industrial Registrar may determine alterations of rules
157 Commission may determine alteration of rules where there has been a breach of an undertaking
158 Change of name or alteration of eligibility rules of organisation
159 Alteration of other rules of organisation
160 Certain alterations of rules to be recorded
161 Evidence of rules
162 Powers of Commission
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Part 3—Validity and performance of rules etc
163 Rules contravening section 142
164 Directions for performance of rules
164A Directions to rectify breach of rule of organisation
164B Orders under sections 164 and 164A
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Chapter 6—Membership of organisations
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Part 1—Simplified outline of Chapter
165 Simplified outline
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Part 2—Entitlement to membership
166 Entitlement to become and to remain a member
167 Federal Court may declare on person’s entitlement to membership
168 Application for membership of organisation by person treated as having been a member
169 Request by member for statement of membership
170 Rectification of register of members
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Part 3—Termination of membership
171 Federal Court may order that persons cease to be members of organisations
172 Non-financial members to be removed from the register
173 No entrance fee if person re-joins within 6 months
174 Resignation from membership
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Part 4—False information, disputes and arrears of dues
175 False representation as to membership of organisation
176 False representation about resignation from organisation
177 Disputes between organisations and members
178 Recovery of arrears
179 Liability for arrears
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Part 5—Conscientious objection to membership
180 Conscientious objection to membership of organisations
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Chapter 7—Democratic control
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Part 1—Simplified outline of Chapter
181 Simplified outline
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Part 2—Conduct of elections for office and other positions
182 Conduct by AEC
183 Application for organisation or branch to conduct its elections for office
184 Objections to application to conduct elections for office
185 Threats etc. in relation to section 184 objections
186 Registrar may permit organisation or branch to conduct its elections for office
187 Organisation may ask AEC to conduct elections for positions other than offices
188 Declaration envelopes etc. to be used for postal ballots
189 Registrar to arrange for conduct of elections
190 Organisation or branch must not assist one candidate over another
191 Organisation to provide returning officer with copy of register
192 Declaration by secretary etc. of organisation
193 Provisions applicable to elections conducted by AEC
194 Hindering or obstructing electoral official or other person
195 Improper interference with election process
196 Death of candidate
197 Post-election report by AEC
198 Organisation to respond to adverse report on rules
199 Ballot papers etc. to be preserved
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Part 3—Inquiries into elections for office
200 Application for inquiry
201 Instituting of inquiry
202 Federal Court may authorise Industrial Registrar to take certain action
203 Designated Registry officials must have identity cards
204 Interim orders
205 Procedure at hearing
206 Action by Federal Court
207 Industrial Registrar to make arrangements for conduct of elections etc.
208 Enforcement of orders
209 Validity of certain acts etc. where election declared void
Part 4—Disqualification from office
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Division 1—Simplified outline of Part
210 Simplified outline
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Division 2—Persons who have been convicted of a prescribed offence
211 Simplified outline of Division
212 Meaning of prescribed offence
213 Meaning of convicted of a prescribed offence
213A Meaning of exclusion period and reduced exclusion period
214 Certificate of registrar etc. is evidence of facts
215 Certain persons disqualified from holding office in organisations
216 Application for leave to hold office in organisations by prospective candidate for office
217 Application for leave to hold office in organisations by office holder
218 Federal Court to have regard to certain matters
219 Action by Federal Court
220 Part not to affect spent convictions scheme
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Chapter 8—Records and accounts
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Part 1—Simplified outline of Chapter
229 Simplified outline
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Part 2—Records to be kept and lodged by organisations
230 Records to be kept and lodged by organisations
231 Certain records to be held for 7 years
232 Offence to interfere with register or copy
233 Obligation to lodge information in Industrial Registry
234 Storage of records
235 Registrar may authorise access to certain records
236 Registrar may direct organisation to deliver copy of records
237 Organisations to notify particulars of loans, grants and donations
Part 3—Accounts and audit
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Division 1—Preliminary
238 Simplified outline
239 Part only applies to financial years starting after registration
240 Financial years—change in financial year
241 Exemptions from certain Australian Accounting Standards
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Division 2—Reporting units
242 What is a reporting unit?
243 Designated officers
244 Members, staff and journals etc. of reporting units
245 Determination of reporting units
246 Determination of reporting units—application by organisation
247 Determination of reporting units—Industrial Registrar initiative
248 Determination of reporting units—years certificate applies to
249 Determination of reporting units—revocation of certificates
250 Determination of reporting units—rule alterations
251 Determination of reporting units—later certificate revokes earlier certificate
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Division 3—Accounting obligations
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Subdivision A—General obligations
252 Reporting unit to keep proper financial records
253 Reporting unit to prepare general purpose financial report
254 Reporting unit to prepare operating report
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Subdivision B—Reporting guidelines
255 Reporting guidelines
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Division 4—Auditors
256 Auditors of reporting units
257 Powers and duties of auditors
258 Obstruction etc. of auditors
259 Reporting unit to forward notices etc. to auditor
260 Auditor entitled to attend meetings at which report presented
261 Auditors and other persons to enjoy qualified privilege in certain circumstances
262 Fees and expenses of auditors
263 Removal of auditor
264 Resignation of auditor
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Division 5—Reporting requirements
265 Copies of full report or concise report to be provided to members
266 Full report to be presented to meetings
267 Comments by committee members not to be false or misleading
268 Reports etc. to be lodged in Industrial Registry
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Division 6—Reduced reporting requirements for particular reporting units
269 Reporting units with substantial common membership with State registered bodies
270 Organisations with income of less than certain amount
271 Exemption from this Part of certain reporting units
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Division 7—Members’ access to financial records
272 Information to be provided to members or Registrar
273 Order for inspection of financial records
274 Frivolous or vexatious applications
275 Ancillary orders
276 Disclosure of information acquired in inspection
277 Reporting unit or committee of management may allow member to inspect books
278 Commission to be advised of breaches of Part or rules etc. found during inspection
279 Constitution of Commission
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Part 4—Access to organisations’ books
280 Right of access to organisation’s books
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Chapter 9—Conduct of officers and employees
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Part 1—Simplified outline of Chapter
281 Simplified outline
Part 2—General duties in relation to the financial management of organisations
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Division 1—Preliminary
282 Simplified outline
283 Part only applies in relation to financial management
284 Meaning of involved
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Division 2—General duties in relation to the financial management of organisations
285 Care and diligence—civil obligation only
286 Good faith—civil obligations
287 Use of position—civil obligations
288 Use of information—civil obligations
289 Effect of ratification by members
290 Compliance with statutory duties
291 Interaction of sections 285 to 289 with other laws etc.
292 Reliance on information or advice provided by others
293 Responsibility for actions of other person
Part 3—General duties in relation to orders and directions
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Division 1—Preliminary
294 Simplified outline
295 Meaning of involved
296 Application to officers and employees of branches
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Division 2—General duties in relation to orders and directions
297 Order or direction applying to organisation—civil obligation
298 Prohibition order or direction applying to organisation—civil obligation
299 Order or direction applying to officer—civil obligation
300 Prohibition order or direction applying to officer—civil obligation
301 Order or direction applying to employee—civil obligation
302 Prohibition order or direction applying to employee—civil obligation
303 Order or direction applying to member of organisation—civil obligation
303A Application of this Division
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Chapter 10—Civil penalties
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Part 1—Simplified outline of Chapter
304 Simplified outline
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Part 2—Civil consequences of contravening civil penalty provisions
305 Civil penalty provisions
306 Pecuniary penalty orders that the Federal Court may make
307 Compensation orders
308 Other orders
309 Effect of section 307
310 Who may apply for an order
311 Civil proceedings after criminal proceedings
312 Criminal proceedings during civil proceedings
313 Criminal proceedings after civil proceedings
314 Evidence given in proceedings for penalty not admissible in criminal proceedings
315 Relief from liability for contravention of civil penalty provision
316 Power to grant relief
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Chapter 11—Miscellaneous
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Part 1—Simplified outline of Chapter
317 Simplified outline
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Part 2—Validating provisions for organisations
318 Definition
319 Validation of certain acts done in good faith
320 Validation of certain acts after 4 years
321 Order affecting application of section 319 or 320
322 Federal Court may make orders in relation to consequences of invalidity
323 Federal Court may order reconstitution of branch etc.
Part 3—Financial assistance and costs
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Division 1—Financial assistance
324 Authorisation of financial assistance
325 Federal Court may certify that application was reasonable
326 Applications under sections 163, 164, 164A and 167
327 Fees for 2 counsel not normally to be paid
328 Powers of Federal Court not affected
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Division 2—Costs
329 Costs only where proceeding instituted vexatiously etc.
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Part 4—Inquiries and investigations
330 Registrar or staff may make inquiries
331 Registrar may conduct investigations
332 Investigations arising from auditor’s report
333 Investigations arising from request from members
334 Investigations arising from referral under section 278
335 Conduct of investigations
336 Action following an investigation
337 Offences in relation to investigation by Registrar
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Part 4A—Protection for whistleblowers
337A Disclosures qualifying for protection under this Part
337B Disclosure that qualifies for protection not actionable etc.
337C Victimisation prohibited
337D Right to compensation
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Part 4B—Functions and powers of the Commission
337E Additional functions and powers
337F Powers of inspection
337G Parties to proceedings
337H Kinds of orders
337J Relief not limited to claim
337K Publishing orders
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Part 5—Jurisdiction of the Federal Court of Australia
338 Jurisdiction of Federal Court
339 Exclusive jurisdiction
340 Exercise of Court’s original jurisdiction
341 Reference of proceedings to Full Court
342 Appeal to the Court from certain judgments
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Part 6—Other
343 Delegation by Minister
344 Conduct by officers, directors, employees or agents
345 Right to participate in ballots
346 Requests by members for information concerning elections and certain ballots
347 Providing copy of rules or list of offices etc. on request by member
348 Certificate as to membership of organisation
349 List of officers to be evidence
350 Unauthorised collection of money
351 No imprisonment in default
352 Jurisdiction of courts limited as to area
353 Public sector employer to act through employing authority
354 Proceedings by and against unincorporated clubs
355 Inspection of documents etc.
356 Trade secrets etc. tendered as evidence
357 Application of penalty
358 Enforcement of penalties etc.
359 Regulations
Part 7—Complementary registration systems
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Division 1—Application of this Part
360 Complementary registration systems
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Division 2—Preliminary
361 Definitions
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Division 3—Branch rules
362 Branch funds
363 Obligations of Commission in relation to application under section 158
364 Branch autonomy
365 Organisation may participate in State systems
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Division 4—Amalgamation of organisation and associated body
366 Organisation and associated body may amalgamate
367 Procedure for amalgamation
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Division 5—Exercise of Commission’s powers
368 Exercise of Commission’s powers under this Part
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Schedule 2—Extra provisions relating to definitions
1 Additional definitions
2 References to employee with its ordinary meaning
3 References to employer with its ordinary meaning
4 References to employment with its ordinary meaning
5 Regulations may amend clauses 2, 3 and 4
Schedule 3—Oath or affirmation of office
Schedule 4—Convention concerning termination of employment at the initiative of the employer
Schedule 5—Convention concerning equal opportunities and equal treatment for men and women workers: workers with family responsibilities
Schedule 6—Transitional arrangements for parties bound by federal awards
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Part 1—Preliminary
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Division 1—Objects of Schedule
1 Objects of Schedule
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Division 2—Interpretation
2 Definitions
3 Meaning of industrial action
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Division 3—Continuing operation of awards
4 Continuing operation of awards in force before reform commencement
5 Particular rules about transitional awards
6 Cessation of transitional awards
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Part 2—Performance of Commission’s functions
7 General functions of Commission
8 Performance of Commission’s functions under this Schedule
9 Anti-discrimination considerations
10 Commission to have regard to operation of Superannuation Guarantee legislation
11 Commission to encourage agreement on procedures for preventing and settling disputes
12 Commission to have regard to compliance with disputes procedures
13 No automatic flow-on of terms of certain agreements
14 Commission to act quickly
15 Commission not required to have regard to certain matters
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Part 3—Powers and procedures of Commission for dealing with industrial disputes
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Division 1—Settlement of industrial disputes
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Subdivision A—Scope of industrial disputes
16 Scope of industrial disputes
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Subdivision B—Allowable transitional award matters
17 Allowable transitional award matters
18 Matters that are not allowable transitional award matters
19 Terms involving discrimination and preference not to be included
20 Terms about rights of entry not to be included
21 Enterprise flexibility provisions not to be included
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Subdivision C—Other terms that may be included in transitional awards
22 Preserved transitional award terms
23 Facilitative provisions
24 Incidental and machinery terms
25 Anti-discrimination clauses
26 Boards of reference
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Subdivision D—Terms in transitional awards that cease to have effect
27 Terms in transitional awards that cease to have effect after the reform commencement
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Division 2—Variation and revocation of transitional awards
28 Variation of transitional awards—general
29 Variation of transitional awards—dealing with industrial dispute
30 Variation of transitional awards—discrimination, etc.
31 Revocation of transitional awards
32 Applications for variation, suspension or revocation of transitional awards
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Division 3—Procedure for dealing with industrial disputes
33 Notification of industrial disputes
34 Disputes to be dealt with by conciliation where possible
35 Findings as to industrial disputes
36 Action to be taken where dispute referred for conciliation
37 Completion of conciliation proceeding
38 Arbitration
39 Exercise of arbitration powers by member who has exercised conciliation powers
40 Principles for varying transitional awards
41 Reference of disputes to Full Bench
42 President may deal with certain proceedings
43 Review on application by Minister
44 Procedure of Commission
45 Provisions in Part 3 that do not apply to performance of Commission’s functions under this Schedule
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Division 4—Powers of Commission for dealing with industrial disputes
46 Particular powers of Commission
47 Recommendations by consent
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Division 5—Other powers of the Commission
48 Power to make further orders in settlement of industrial dispute etc.
49 Relief not limited to claim
50 Power to provide special rates of wages
51 Orders to stop or prevent industrial action
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Part 4—Ballots ordered by Commission
52 Commission may order secret ballot
53 Scope of directions for secret ballots
54 Conduct of ballot
55 Commission to have regard to result of ballot
56 Offences in relation to ballots
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Part 5—Circumstances in which transitional awards cease to be binding
57 Ceasing to be bound by transitional award—making a State employment agreement
58 Ceasing to be bound by transitional award—inability to make a State employment agreement
59 Ceasing to be bound by transitional award—inability to resolve industrial dispute under this Schedule
60 Interaction between transitional awards, State laws and State awards
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Part 6—Technical matters relating to transitional awards
61 Making and publication of orders
62 Requirement for transitional award-related orders
63 Registrar’s powers if member ceases to be member after making an order
64 Form of orders
65 Date of orders
66 Date of effect of orders
67 Term of orders
68 Continuation of transitional awards
69 Persons bound by orders varying transitional awards
70 Transitional awards and transitional award-related orders of Commission are final
71 Reprints of transitional awards as varied
72 Expressions used in transitional awards
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Part 6A—Transmission of transitional awards
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Division 1—Introductory
72A Object
72B Simplified outline
72C Definitions
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Division 2—Application of Part
72D Application of Part
72E Transferring transitional employees
72F Transferring transitional employees in relation to particular transitional award
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Division 3—Transmission of transitional award
72G Transmission of transitional award
72H Interaction rules
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Division 4—Notice requirements and enforcement
72J Informing transferring transitional employees about transmitted award
72K Lodging copy of notice with Workplace Authority Director
72L Workplace Authority Director must issue receipt for lodgment
72M Civil penalties
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Division 5—Miscellaneous
72N Regulations
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Part 7—Matters relating to Victoria
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Division 1—Matters referred by Victoria
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Subdivision A—Introduction
73 Definitions
74 Division only has effect if supported by reference
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Subdivision B—Industrial disputes
75 Industrial disputes
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Subdivision C—Allowable transitional award matters
76 Allowable transitional award matters
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Subdivision D—Preserved transitional award terms
77 Preserved transitional award terms
78 When preserved transitional award entitlements have effect
79 Meaning of more generous
80 Modifications that may be prescribed—personal/carer’s leave
81 Modifications that may be prescribed—parental leave
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Subdivision E—Common rules
82 Common rules continue to have effect during the transitional period
83 Certain declarations continue to have effect during the transitional period
84 Variation of common rules before the reform commencement
85 Variation of common rules during the transitional period
86 Intervention by Minister of Victoria
87 Concurrent operation of laws of Victoria
88 Pre-commencement applications for review
89 Common rule taken to be award
90 Meaning of industrial action
91 Right of entry
92 Application of provisions of Act relating to workplace inspectors
93 Application of provisions of Act relating to compliance
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Subdivision F—Transmission of business
94 Transmission of business
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Subdivision G—Modification of certain provisions of this Act
95 Modification of certain provisions of this Act
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Subdivision H—Ceasing to be bound by transitional Victorian reference award
95A Ceasing to be bound by transitional Victorian reference award—inability to resolve industrial dispute under this Schedule
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Division 2—Other matters
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Subdivision A—Allowable transitional award matters
96 Allowable transitional award matters
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Subdivision B—Preserved transitional award terms
97 Preserved transitional award terms
98 When preserved transitional award entitlements have effect
99 Meaning of more generous
100 Modifications that may be prescribed—personal/carer’s leave
101 Modifications that may be prescribed—parental leave
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Subdivision BA—Transmission of business
101A Transmission of business
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Subdivision C—Modification of certain provisions of this Act
102 Modification of certain provisions of this Act
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Subdivision D—Ceasing to be bound by transitional award
102A Ceasing to be bound by transitional award—inability to resolve industrial dispute under this Schedule
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Part 8—Miscellaneous
102B Continuation of hearing by Commission
103 Revocation and suspension of transitional awards
104 Appeals to Full Bench
105 Application of provisions of Act relating to right of entry
106 Application of provisions of Act relating to workplace inspectors
107 Application of provisions of Act relating to compliance
107A Application of provisions of Act relating to freedom of association
107B Contracts entered into by agents of transitional employees
107C Records relating to transitional employees
107D Interpretation of transitional awards
108 Application of other Parts of Act
Schedule 7—Transitional arrangements for existing pre-reform Federal agreements etc.
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Part 1—Preliminary
1 Definitions
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Part 2—Pre-reform certified agreements
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Division 1—General
2 Continuing operation of pre-reform certified agreements—under old provisions
2A Commission may extend or vary pre-reform certified agreements
3 Rules replacing subsections 170LX(2) and (3)
4 Rules replacing section 170NC—coercion of persons to terminate certified agreements etc.
5 Interaction of agreement with other instruments
6 Continuing operation of pre-reform certified agreements—under new provisions
6A Preservation of redundancy provisions in certain circumstances
6B Notification of preservation of redundancy provisions
6C Employer must notify employees of preserved redundancy provisions
8 Anti-AWA terms taken to be prohibited content
9 Calling up contents of pre-reform certified agreement in workplace agreement
10 Application of Division to certain Division 3 pre-reform certified agreements
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Division 2—Special rules for Division 3 pre-reform certified agreements with excluded employers
11 Application of Division
12 Cessation of Division 3 pre-reform certified agreements
13 Continuing operation of pre-reform certified agreements—under old provisions
14 Rules replacing subsections 170LX(2) and (3)
15 Interaction of agreement with awards
16 Continuing operation of pre-reform certified agreements—under new provisions
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Part 3—Pre-reform AWAs
17 Continuing operation of pre-reform AWAs—under old provisions
18 Rules replacing section 170VJ—period of operation of AWA
19 Interaction of pre-reform AWAs with other instruments
20 Continuing operation of pre-reform AWAs—under new provisions
20A Preservation of redundancy provisions in certain circumstances
20B Notification of preservation of redundancy provisions
21 Calling up contents of pre-reform AWA in workplace agreement
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Part 4—Awards under subsection 170MX(3) of the pre-reform Act
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Division 1—Continuing operation of section 170MX awards
22 Application of Division
23 Continuing operation of section 170MX awards—under old provisions
24 Continuing operation of section 170MX awards—under new provisions
25 Interaction of section 170MX awards with other instruments
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Division 2—Special rules for section 170MX awards that bind excluded employers
26A Application of Division
26B Cessation of section 170MX award
26C Continuing operation of section 170MX awards—under old provisions
26D Continuing operation of section 170MX awards—under new provisions
26E Interaction of section 170MX awards with other instruments
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Part 5—Exceptional matters orders
27 Exceptional matters orders
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Part 6—Old IR agreements
28 Operation of old IR agreement
29 Old IR agreement cannot be varied after the reform commencement
29A Termination of old IR agreements
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Part 7—Relationships between pre-reform agreements etc. and Australian Fair Pay and Conditions Standard
30 Relationships between pre-reform agreements etc. and Australian Fair Pay and Conditions Standard
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Part 7A—Relationship between pre-reform agreements etc. and public holiday entitlement
30A Relationship between pre-reform agreements etc. and public holiday entitlement
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Part 8—Applications for certification etc. before reform commencement
31 Certifications under pre-reform Act after the reform commencement
32 Approvals of pre-reform AWAs under pre-reform Act after the reform commencement
32A Approvals of section 170MX awards under pre-reform Act after the reform commencement
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Part 9—Matters relating to Victoria
33 Definitions
34 Part only has effect if supported by reference etc.
35 Continuing operation of pre-reform certified agreements—under old provisions
36 Victorian reference Division 3 pre-reform certified agreements
37 Continuing operation of pre-reform AWAs—under old provisions
38 Continuing operation of section 170MX awards—under old provisions
38A Approvals of section 170MX awards under pre-reform Act after the reform commencement
39 Relationship between Victorian employment agreements and designated old IR agreements
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Schedule 7A—Transitional arrangements for existing AWAs
1 Definitions
2 Continuing operation of AWAs
3 Bargaining agents
4 Effect of late lodgment of AWAs
5 Restriction on varying AWAs
6 Replacement of AWAs
7 Workplace Authority Director to notify of ineffective AWAs and variations
8 Effect of AWAs on making and approving collective agreements etc.
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Schedule 7B—Transitional arrangements for existing collective agreements
1 Definitions
2 Continuing operation of fairness test and protected award conditions to pre-transition collective agreements
3 Application of this Schedule to variations of pre-transition collective agreements
Schedule 8—Transitional treatment of State employment agreements and State awards
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Part 1—Preliminary
1 Definitions
2 Objects
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Part 2—Preserved State agreements
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Division 1—Preserved individual State agreements
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Subdivision A—What is a preserved individual State agreement?
3 Preserved individual State agreements
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Subdivision B—Who is bound by or subject to a preserved individual State agreement?
4 Who is bound by or subject to a preserved individual State agreement?
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Subdivision C—Terms of a preserved individual State agreement
5 Terms of a preserved individual State agreement
6 Nominal expiry date of a preserved individual State agreement
7 Powers of State industrial authorities
8 Dispute resolution processes
9 Prohibited content
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Division 2—Preserved collective State agreements
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Subdivision A—What is a preserved collective State agreement?
10 Preserved collective State agreements
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Subdivision B—Who is bound by or subject to a preserved collective State agreement?
11 Who is bound by a preserved collective State agreement?
12 Whose employment is subject to a preserved collective State agreement?
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Subdivision C—Terms of a preserved collective State agreement
13 Terms of a preserved collective State agreement
14 Nominal expiry date of a preserved collective State agreement
15 Powers of State industrial authorities
15A Dispute resolution processes
15B Prohibited content
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Division 2A—Effect and operation of a preserved State agreement
15C Effect of a preserved State agreement
15D Effect of awards while a preserved State agreement in operation
15E Relationship between preserved State agreements and Australian Fair Pay and Conditions Standard
15F Relationship between a preserved State agreement and public holiday entitlement
15G When preserved State agreements cease to operate
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Division 3—Varying a preserved State agreement
16 Varying a preserved State agreement
16A Commission may extend or vary preserved collective State agreements
17 Variation to remove ambiguity or uncertainty
18 Variation to remove discrimination
19 Variation to remove prohibited content
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Division 4—Enforcing preserved State agreements
20 Enforcing a preserved State agreement
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Division 5—Terminating a preserved State agreement
21 Terminating a preserved State agreement
21A Preservation of redundancy provisions in preserved collective State agreements in certain circumstances
21B Notification of preservation of redundancy provisions in preserved collective State agreements
21C Employer must notify employees of preserved redundancy provisions in preserved collective State agreements
21D Preservation of redundancy provisions in preserved individual State agreements in certain circumstances
21E Notification of preservation of redundancy provisions
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Division 5A—Coercion
22 Coercion of persons to terminate a preserved State agreement etc.
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Division 6—Industrial action
23 Industrial action must not be taken until after nominal expiry date—preserved collective State agreements
24 Industrial action must not be taken until after nominal expiry date—preserved individual State agreements
25 Industrial action taken before nominal expiry date not protected action
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Division 6A—Protected conditions
25A Protected conditions where employment was subject to preserved State agreement
25B Application of fairness test where employment was subject to preserved State agreement
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Division 7—Miscellaneous
26 Calling up contents of a preserved State agreement in a workplace agreement
27 Application of section 451 in relation to a preserved State agreement
28 Application of Part 15 in relation to a preserved State agreement
29 Application of Part 16 in relation to a preserved State agreement
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Division 8—Regulations
30 Regulations may apply, modify or adapt Act
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Part 3—Notional agreements preserving State awards
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Division 1—What is a notional agreement preserving State awards?
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Subdivision A—What is a notional agreement preserving State awards?
31 Notional agreements preserving State awards
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Subdivision B—Who is bound by or subject to a notional agreement preserving State awards?
32 Who is bound by a notional agreement preserving State awards?
33 Whose employment is subject to a notional agreement preserving State awards?
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Subdivision C—Terms of a notional agreement preserving State awards
34 Terms of a notional agreement preserving State awards
35 Powers of State industrial authorities
36 Dispute resolution processes
37 Prohibited content
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Division 2—Effect and operation of a notional agreement preserving State awards
38 Effect of a notional agreement preserving State awards
38A Operation of a notional agreement preserving State awards
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Division 3—Varying a notional agreement preserving State awards
39 Varying a notional agreement preserving State awards
40 Variation to remove ambiguity or uncertainty
41 Variation to remove discrimination
42 Variation to remove prohibited content
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Division 4—Enforcing the notional agreement
43 Enforcing the notional agreement
44 Matters provided for by the Australian Fair Pay and Conditions Standard
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Division 5—Preserved notional terms and preserved notional entitlements
45 Preserved notional terms of notional agreement
46 When preserved notional entitlements have effect
47 Meaning of more generous
48 Modifications that may be prescribed—personal/carer’s leave
49 Modifications that may be prescribed—parental leave
50 Preserved notional terms taken to be included in awards
51 Application of hours of work provision of Australian Fair Pay and Conditions Standard to notional agreements preserving State awards
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Division 6—Protected conditions
52 Protected conditions in notional agreements preserving State awards
52AAA Application of fairness test where employment was subject to notional agreement preserving State awards
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Division 6A—Industrial action during the life of an enterprise award
52AA Action taken during life of enterprise award not protected
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Division 7—Miscellaneous
52A Calling up a notional agreement preserving State awards in a workplace agreement
53 Application of Part 15 in relation to a notional agreement preserving State awards
54 Application of Part 16 in relation to a notional agreement preserving State awards
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Division 8—Regulations
55 Regulations may apply, modify or adapt Act
Schedule 9—Transmission of business rules (transitional instruments)
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Part 1—Introductory
1 Object
2 Simplified outline
3 Definitions
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Part 2—Application of Schedule
4 Application of Schedule
5 Transferring employees
6 Transferring employees in relation to particular instrument
6A Application of Schedule to certain Division 3 pre-reform certified agreements
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Part 2A—Transmission of AWAs
6B Transmission of AWA
6C Termination of transmitted AWA
6D Transferring employee considered an existing employee for the purposes of eligibility to make an ITEA
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Part 3—Transmission of pre-reform AWAs
7 Transmission of pre-reform AWA
9 Termination of transmitted pre-reform AWA
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Part 4—Transmission of pre-reform certified agreements
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Division 1—General
10 Transmission of pre-reform certified agreement
11 Interaction rules
12 Termination of transmitted pre-reform certified agreement
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Division 2—Commission’s powers
13 Application and terminology
14 Commission may make order
15 When application for order can be made
16 Who may apply for order
17 Applicant to give notice of application
18 Submissions in relation to application
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Part 5—Transmission of State transitional instruments
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Division 1—General
19 Transmission of State transitional instrument
20 Interaction rules
21 Termination of preserved State agreement
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Division 2—Commission’s powers
22 Application and terminology
23 Commission may make order
24 When application for order can be made
25 Who may apply for order
26 Applicant to give notice of application
27 Submissions in relation to application
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Part 5A—Transmission of preserved redundancy provisions
27A Transmission of preserved redundancy provisions
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Part 6—Notice requirements and enforcement
28 Informing transferring employees about transmission of transitional instrument
29 Lodging copy of notice with Workplace Authority Director
29A Informing transferring employees about transmission of preserved redundancy provisions
29B Lodging copy of notice about preserved redundancy provisions with Workplace Authority Director
30 Workplace Authority Director must issue receipt for lodgment
31 Civil penalties
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Part 7—Matters relating to Victoria
32 Definitions
33 Additional effect of Schedule
33A Victorian reference Division 3 pre-reform certified agreements
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Schedule 10—Transitionally registered associations
1 Definitions
2 Application for transitional registration
3 Application of this Act to transitionally registered associations
4 Representation rights of transitionally registered associations of employees
5 Cancellation of transitional registration
6 End of transitional registration
7 Modification of Registration and Accountability of Organisations Schedule
Volume 3