Federal Register of Legislation - Australian Government

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Proclamations/Commencement of Act as made
This Proclamation provides for the commencement of a number of items of Schedule 1 and Schedule 3 of the Fair Work Amendment (State Referrals and Other Measures) Act 2009.
Administered by: Education, Employment and Workplace Relations
Registered 14 Dec 2009
Tabling HistoryDate
Tabled HR02-Feb-2010
Tabled Senate02-Feb-2010
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Employment and Workplace Relations

 

Fair Work Amendment (State Referrals and Other Measures) Act 2009

 

Proclamation

 

Subsection 2(1) of the Fair Work Amendment (State Referrals and Other Measures) Act 2009 (the Act) provides that items 1 to 6, 8 to 12, 14, 15 and 17 to 41 of Schedule 1 to the Act and items 1A to 17 of Schedule 3 to the Act commence on a single day to be fixed by proclamation.  However, if any of these provisions do not commence within six months of the date the Act receives the Royal Assent, then those provisions commence on the first day after the end of that six-month period.

 

The Act recently received the Royal Assent.

 

The purpose of the Proclamation is to fix:

 

·          15 December 2009 as the day on which items 1 to 3 of Schedule 3 to the Act commence; and

·          1 January 2010 as the day on which items 1 to 6, 8 to 12, 14, 15 and 17 to 41 of Schedule 1 and items 1A and 4 to 17 of Schedule 3 to the Act commence.  Subsection 2(1) of the Act also links the commencement of item 7 of Schedule 1, items 1A to 128 and 133 to 138 of Schedule 2, and Part 2 of Schedule 3 to this day.

 

The provisions that commence on 15 December 2009 amend the Fair Work Act 2009 (the Fair Work Act) to enable States or Territories (the States) to declare certain employers not to be national system employers.

 

The provisions that commence on 1 January 2010:

 

·          amend the Fair Work Act to enable States to refer workplace relations matters to the Commonwealth between 1 July 2009 and 1 January 2010 for the purposes of paragraph 51(xxxvii) of the Constitution (items 1 to 12, 14, 15 and 17 to 41 of Schedule 1);

 

·          amend the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) to make arrangements for the transition of employers and employees from referring State systems to the national workplace relations system (items 1A to 128 and 133 to 138 of Schedule 2) and minor technical amendments to the Transitional Act (Part 2 of Schedule 3); and

 

·          amend the Fair Work Act to enable ministers with responsibility for workplace relations matters in referring States and the Territories to apply to Fair Work Australia (FWA) for orders suspending or terminating protected industrial action (items 4 to 6 of Schedule 3); and

 

·          amend the Fair Work Act to enable State or Territory ministers with responsibility for workplace relations matters to intervene in court proceedings and make submissions to FWA, and to enable appeals from decisions of eligible State or Territory courts exercising summary jurisdiction to that court or another eligible State or Territory court (items 1A and 7 to 17 of Schedule 3).

 

Under subsection 2(1) of the Act, the remaining provisions of the Act commenced on the Royal Assent (sections 1 to 3 of the Act, item 42 of Schedule 1 and items 17A to 17E of Schedule 3) or when certain provisions of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 or the Fair Work Act 2009 commenced (items 13 and 16 of Schedule 1, and items 129 to 132 of Schedule 2).

 

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.