Schedule 1 Amendments of Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986
(subregulation 3 (2))
Part 1 Builders Labourers’ Federation (Cancellation of Registration —Consequential Provisions) Act 1986
[1] Section 3, definition of award, paragraph (a)
after
Act
insert
, as in force immediately before the commencement of the Fair Work Act
[2] Section 3, definition of Commission
omit
[3] Section 3, after definition of Conciliation and Arbitration Act
insert
Fair Work Act means the Fair Work Act 2009.
Fair Work Australia, or FWA, means the body established by section 575 of the Fair Work Act.
Fair Work (Registered Organisations) Act means the Fair Work (Registered Organisations) Act 2009.
[4] Section 3, definition of industrial dispute
omit
[5] Section 3, definition of non-registered association, subparagraph (b) (i)
substitute
(i) that is not an organisation within the meaning of the Fair Work (Registered Organisations) Act; and
[6] Section 3, definition of Registration and Accountability of Organisations Schedule
omit
[7] Section 3, definition of Workplace Relations Act
omit
Schedule 1B
insert
Schedule 1
[8] Subsections 4(3) and (3A)
substitute
(3) Subject to subsection (3A), a non-registered association:
(a) is not capable of being a party to a proceeding before FWA; and
(b) is not capable of being a party to an award made by FWA.
(3A) A State association, other than the Building Construction Employees and Builders Labourers’ Federation of New South Wales, may make an objection in relation to an amalgamation under section 56 of the Fair Work (Registered Organisations) Act and regulations made under that Act.
[9] Subsection 4(4)
omit
the Commission does not have any powers under the Workplace Relations Act or the Registration and Accountability of Organisations Schedule
insert
FWA does not have any powers under the Fair Work Act or the Fair Work (Registered Organisations) Act
[10] Paragraph 4(4)(b)
omit
as defined by subsection 6(2) of the Workplace Relations Act
[11] Subsection 4(5)
substitute
(5) Nothing in this section prevents FWA from exercising powers under the Fair Work Act and the Fair Work (Registered Organisations) Act in relation to an industrial dispute in so far as that industrial dispute involves members of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act who are also members of a non-registered association.
[12] Sections 5 and 6
substitute
5 Registration
Despite anything in the Fair Work (Registered Organisations) Act, a non-registered association is not entitled to apply to be registered under that Act, and is not entitled to be registered under that Act, unless:
(a) FWA, on application by the non-registered association, has declared that it is satisfied that:
(i) if the non-registered association were registered under that Act, the non-registered association would not engage in conduct inimical to the prevention and settlement of industrial disputes by means of conciliation and arbitration; and
ii) the registration of the non-registered association under that Act would not prevent or seriously hinder the achievement of:
(A) an object of the Fair Work Act; or
(B) Parliament’s intention in enacting the Fair Work (Registered Organisations) Act; and
(b) the requirements of the Fair Work (Registered Organisations) Act, and of the regulations in force under that Act, that would, apart from this section, apply in relation to an application by the non-registered association for registration under that Act have been complied with.
6 Powers and procedure of FWA
(1) The powers of FWA under or by virtue of this Act are exercisable by a Full Bench of FWA.
Note: A Full Bench of FWA is constituted under section 618 of the Fair Work Act.
(2) The provisions of the Fair Work Act, and of the regulations in force under that Act, with respect to the procedure and powers of FWA in relation to proceedings before it under that Act apply, so far as they are capable of application, in relation to proceedings before FWA under or by virtue of this Act.
(3) On an application under paragraph 5(a), the Minister and the non-registered association may be represented by counsel or solicitor.
[13] Subsection 7(2)
omit
Registration and Accountability of Organisations Schedule
insert
Fair Work (Registered Organisations) Act
[14] Subsection 7(3)
omit
Registration and Accountability of Organisations Schedule
insert
Fair Work (Registered Organisations) Act
[15] Subsection 7(3)
omit
section 36 of that Schedule
insert
section 36 of that Act
[16] Subsection 7(4)
omit
Registration and Accountability of Organisations Schedule
insert
Fair Work (Registered Organisations) Act
Part 2 Occupational Health and Safety Act 1991
[17] Section 5, definition of reviewing authority
substitute
reviewing authority means Fair Work Australia, established under section 575 of the Fair Work Act 2009.
Part 3 Occupational Health and Safety (Safety Arrangements) Regulations 1991
[18] Schedule 1, Form 1, note 7
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
[19] Schedule 1, Form 2, note 4
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
[20] Schedule 1, Form 3, note 3
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
[21] Schedule 1, Form 4, note 5
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
[22] Schedule 1, Form 5, note 3
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
Part 4 Occupational Health and Safety (Maritime Industry) Act 1993
[23] Section 4, definition of reviewing authority
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
Part 5 Occupational Health and Safety (Maritime Industry) Regulations 1995
[24] Schedule 1, Form 1, note 6
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
[25] Schedule 1, Form 2, note 2
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
[26] Schedule 1, Form 3, note 3
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
[27] Schedule 1, Form 4, notes 4 and 5
omit each mention of
the Australian Industrial Relations Commission
insert
Fair Work Australia
[28] Schedule 1, Form 5, note 4
omit
the Australian Industrial Relations Commission
insert
Fair Work Australia
Schedule 2 Amendments of Fair Work (State Referral and Consequential and Other Amendments) Act 2009
(subregulation 3 (3))
[1] Schedule 5, after item 87
insert
87A Application of Sex Discrimination Act 1984—item 54
The Sex Discrimination Act 1984 is prescribed for the purposes of section 116 of the Workplace Relations Act 1996, to the extent that that section continues to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, until the later of:
(a) 31 December 2009; or
(b) the date (if any) on which the Australian Industrial Relations Commission ceases to exist in accordance with a determination by the Minister under subitem 7(3) of Schedule 18 to the T&C Act.
[2] Schedule 7, after the heading
insert
Part 1—Consequential amendments
[3] Schedule 7, after item 5
insert
Part 2—Application provisions
6 Application of Naval Defence Act 1910—item 4
Subsection 42A(7) of the Naval Defence Act 1910 applies as if a reference in that subsection to the Fair Work Act 2009 includes a reference to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
7 Application of Naval Defence Act 1910—item 5
Subsection 42D(3) of the Naval Defence Act 1910 applies as if a reference in that subsection to the National Employment Standards includes a reference to the Australian Fair Pay and Conditions Standard, to the extent that the Australian Fair Pay and Conditions Standard continues to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
[4] Schedule 8, item 63, substituted paragraph 64 (1) (d)
omit
has not been not approved
insert
has not been approved
[5] Schedule 8, Part 2, after Division 1
insert
Division 1A—Provision relating to the Coal Mining Industry (Long Service Leave Funding) Act 1992
158A Application of Coal Mining Industry (Long Service Leave Funding) Act 1992—items 86 and 87
(1) The definition of eligible employee in subsection 4(1) of the Coal Mining Industry (Long Service Leave Funding) Act 1992 applies as if a reference in that definition to the National Employment Standards includes a reference to the Australian Fair Pay and Conditions Standard, to the extent that the Australian Fair Pay and Conditions Standard continues to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
(2) The definition of industrial authority in subsection 4(1) of the Coal Mining Industry (Long Service Leave Funding) Act 1992 applies as if a reference in that definition to Fair Work Australia includes a reference to:
(a) the Australian Industrial Relations Commission; and
(b) the Workplace Authority Director; and
(c) the Employment Advocate;
to the extent that they continue to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
[6] Schedule 8, Part 2, after Division 2
insert
Division 2A—Provision relating to the Maternity Leave (Commonwealth Employees) Act 1973
159A Application of Maternity Leave (Commonwealth Employees) Act 1973—item 101
Section 8 of the Maternity Leave (Commonwealth Employees) Act 1973 applies as if a reference in that section to section 84 of the Fair Work Act 2009 includes a reference to sections 280 and 281 of the Workplace Relations Act 1996, to the extent that those sections continue to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
[7] Schedule 8, Part 2, after Division 3
insert
Division 4—Provisions relating to the Seafarers Rehabilitation and Compensation Act 1992
162 Application of Seafarers Rehabilitation and Compensation Act 1992—items 117, 119, 120 and 121
The following provisions of the Seafarers Rehabilitation and Compensation Act 1992 apply as if a reference in those provisions to the National Employment Standards includes a reference to the Australian Fair Pay and Conditions Standard, to the extent that the Australian Fair Pay and Conditions Standard continues to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009:
(a) subsection 13(2);
(b) subsection 13(5);
(c) paragraph 13(6)(b);
(d) paragraph 31(14)(a).
Division 5—Provisions relating to the Social Security Act 1991
163 Application of Social Security Act 1991—item 143
Paragraph 1061PB(2)(a) of the Social Security Act 1991 applies as if a reference in that paragraph to the National Employment Standards includes a reference to the Australian Fair Pay and Conditions Standard, to the extent that the Australian Fair Pay and Conditions Standard continues to operate in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
[8] Schedule 19, after the heading
insert
Part 1—Consequential amendments
[9] Schedule 19, after item 8
insert
Part 2—Application provision
9 Application of items 1 to 4
The following provisions of the Military Rehabilitation and Compensation Act 2004:
(a) note 1 to subsection 89(3);
(b) note 1 to subsection 132(2);
(c) paragraph 178(a);
(d) section 179;
apply as if a reference in those provisions to the national minimum wage order includes a reference to:
(e) the standard federal minimum wage, to the extent that the standard federal minimum wage continues to operate as a transitional standard federal minimum wage in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and
(f) special federal minimum wages, to the extent that special federal minimum wages continue to operate as a transitional special federal minimum wage in accordance with the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009; and
(g) the transitional national minimum wage order, within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.