Federal Register of Legislation - Australian Government

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Fair Work Amendment Regulations 2011 (No. 1)

Authoritative Version
  • - F2011L00418
  • No longer in force
SLI 2011 No. 23 Regulations as made
These Regulations amend the Fair Work Regulations 2009 to prescribe all fair work instruments (other than Fair Work Australia orders)for the purposes of the public sector employment laws specified in paragraphs 1.16 (a)-(c).
Administered by: Education, Employment and Workplace Relations
Registered 11 Mar 2011
Tabling HistoryDate
Tabled HR21-Mar-2011
Tabled Senate21-Mar-2011
Date of repeal 19 Mar 2014
Repealed by Employment (Spent and Redundant Instruments) Repeal Regulation 2014

Fair Work Amendment Regulations 2011 (No. 1)1

Select Legislative Instrument 2011 No. 23

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fair Work Act 2009.

Dated 10 March 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CHRIS EVANS


1              Name of Regulations

                These Regulations are the Fair Work Amendment Regulations 2011 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Fair Work Regulations 2009

                Schedule 1 amends the Fair Work Regulations 2009.


Schedule 1        Amendment

(regulation 3)

 

[1]           Regulation 1.16

substitute

1.16        Interaction between fair work instruments and public sector employment laws

                For paragraph 40 (2) (b) of the Act, a fair work instrument or a term of a fair work instrument (other than an FWA order or a term of an FWA order) is prescribed for the purposes of the following laws:

                (a)    an ordinance made under the Seat of Government (Administration) Act 1910 that:

                          (i)    deals with public sector employment; and

                         (ii)    was, immediately before the repeal of the Workplace Relations Act 1996, inconsistent with that Act or an agreement, award order or determination made under that Act;

               (b)    an enactment, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, that:

                          (i)    deals with public sector employment; and

                         (ii)    was, immediately before the repeal of the Workplace Relations Act 1996, inconsistent with that Act or an agreement, award order or determination made under that Act;

                (c)    a determination mentioned in paragraph 53 (6) (b) of the Northern Territory (Self-Government) Act 1978 that was, immediately before the repeal of the Workplace Relations Act 1996, inconsistent with an award or workplace agreement (within the meaning of the Workplace Relations Act 1996).

Note   Under subsection 40 (2) of the Act, fair work instruments, or terms of fair work instruments, that deal with public sector employment prevail over the public sector employment laws as described in that subsection.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.