Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

In force

Administered by

Department of Employment and Workplace Relations

This item is authorised by the following title:

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009

Superseded version

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F2012C00849

01 December 2012 - 31 December 2012

Table of contents

1.01 Name of Regulations [see Note 1]
1.02 Commencement
1.03 Definitions
2.01 Redundancy pay applications — continuing Schedule 6 instrument
2.02 Redundancy pay applications — transitional instrument
2.02A Retention or redeployment period — entitlement to redundancy pay
2.03 Employer obligations for employee records made before WR Act repeal day
2.04 Obligations for transfer of records concerning transferring employee
2.05 WR Regulations continue to apply to records for transferring employee made before WR Act repeal day
2.05A Award-based transitional instruments including notional agreement preserving State award
2.05B Permits, licences and authorisations issued under State industrial laws of Division 2B referring States
2.06 Modifications of the Act — better off overall test after end of bridging period if modern award contains transitional provisions
2.07 Orders remedying reductions in take-home pay
2.08 Avoiding likely reductions in take-home pay
2.09 Describing classes of employees and outworkers
3.01 Meaning of base rate of pay — transitional instrument applies to pieceworker
3.02 Employee not award/agreement free if transitional instrument applies — meaning of pieceworker
3.03 Employee to whom transitional instrument applies — usual weekly hours of work
3.03A Modification of Act — deemed date of transitional pay equity order
3.03B Transitional pay equity order taken to have been made by FWA — Division 2B State reference transitional awards (prescribed employers)
3.03C Prescribed source pay equity order
3.03D Modification of Schedule 3 to Act—base rate of pay
3.03E Modification of Schedule 3 to Act — when transitional pay equity order takes effect
3.03F Payment of back pay
3.03G Modification of Schedule 3 to Act — relevant instrument
3.03H Modification of Act—variation of transitional pay equity order
3.04 Continued coverage of certain transitional instruments for Community Jobs Plan and Green Army
3.05 Transitional instruments not to cover certain employers and employees
3A.01A Modification of Act—relevant instrument
3A.01B Modification of Act—variation of transitional pay equity order
3A.01 Continued coverage under Division 2B State award
3A.02 Terms about disputes relating to matters arising under Division 2B State awards
3B.01 Modern awards
3B.01A Modification of FW Act — inclusion of variation of modern award in award modernisation process
3B.02 References to award-based transitional instruments and continued coverage under award-based transitional instruments
3B.03 Modification of subitems 8 (3) and (4) of Schedule 5 to the Act
3B.04 Modern award or transitional arrangements resulting in reduction in take-home pay
3B.05 Modernisation-related reduction in take-home pay from variation of modern award
3C.01 Modern enterprise award or transitional arrangements resulting in reduction in take home pay
3CA.01 State reference public sector transitional awards
3CA.02 State reference public sector modern award or transitional arrangements resulting in reduction in take home pay
3D.01 Better off overall test in relation to transitional provisions inserted into modern awards by FWA after Division 2B State referral
4.01 When Workplace Authority Director must consider whether union collective agreement passes no disadvantage test
4.02 Continued application of Schedules 7A and 7B to WR Act to AWA and pre-transition collective agreement
4.03 Variation of AWA or pre-transition collective agreement after WR Act repeal day
4.04 References to Workplace Ombudsman taken to be references to Fair Work Ombudsman
4AA.01 Modification of item 7A of Schedule 16 to Act — prescribed employers
4A.01 Continuing Schedule 6 instruments not to cover certain employers and employees
5.01 Regulation 1.1 of Chapter 2 of WR Regulations does not apply to Schedule 5 to the Act
5.02 General Manager of FWA must prepare AFPC Secretariat’s annual report
5.02A Annual reports for Australian Industrial Relations Commission, Australian Industrial Registry and Workplace Authority
5.03 Powers of Fair Work Inspector — contravention of section 34 of the Independent Contractors Act 2006
5.04 Continued application of provisions to documents sealed by Australian Industrial Registry
5.05 Continued application of provision to award printed on or after WR Act repeal day
5.06 Applications for orders in relation to contraventions of civil remedy provisions
5.07 Section 557 of FW Act taken to apply to transitional civil remedy provision
5.08 When a reference to a civil remedy provision taken to include transitional civil remedy provision
5.09 References to employee, employer and employment taken to be reference to transitional employee, transitional employer and employment
5.11 Item 11 of Schedule 2 to the Act does not apply to provisions of WR Act not repealed by Schedule 1 to the Act
5.12 Modification of Act
5.13 FW Act small claims procedures to apply to actions under WR Act
- Schedule 1A Varied transitional pay equity orders—rates of pay
- Schedule 1 Modification of Act — redundancy or redeployment
- Schedule 2.1 Modification of Schedule 7 to the Act — better off overall test after end of bridging period if modern award contains transitional provisions
- Notes to the STYLEREF Title Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

Fair Work (Transitional Provisions and Consequential Amendments) Regulations 2009

Legislation text