Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend the Fair Work Regulations 2009 to temporarily shorten the period that employees must have access to a copy of a proposed variation of an enterprise agreement, and before which employees must be notified of the details of the vote on the variation, from seven calendar days to one calendar day.
Administered by: Attorney-General's
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 27
Registered 16 Apr 2020
Tabling HistoryDate
Tabled HR12-May-2020
Tabled Senate12-May-2020
Date of repeal 02 Sep 2020
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
13-May-2020
Expiry Date:
02-Sep-2020
House:
Senate
Details:
Full
Resolution:
Negatived
Resolution Date:
14-May-2020
Resolution Time:
Provisions:
Table of contents.

Commonwealth Coat of Arms of Australia

 

Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 16 April 2020

David Hurley

Governor‑General

By His Excellency’s Command

Christian Porter

Minister for Industrial Relations

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Fair Work Regulations 2009                                                                                                               2

 


1  Name

                   This instrument is the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

17 April 2020

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Fair Work Act 2009.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Fair Work Regulations 2009

1  After regulation 2.09A

Insert:

2.09B  Modification of application of Act—access period for variation of an enterprise agreement

             (1)  This regulation is made for the purposes of subsection 211(6) of the Act.

             (2)  For the purposes of the FWC deciding whether it is satisfied of the matter referred to in paragraph 211(1)(a) of the Act, subsections 180(2) and (3) of the Act have effect, despite subsection 180(4) of the Act, as if the references in those subsections to the access period were modified to refer to the 1‑day period ending immediately before the start of the voting process referred to in subsection 181(1) of the Act.

             (3)  This regulation is repealed:

                     (a)  at the end of the period of 6 months starting on the day this regulation commences; or

                     (b)  if, before the end of the period referred to in paragraph (a), a later time is prescribed by these Regulations—at that later time.

Note:          This regulation was inserted by Schedule 1 to the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020.

2  In the appropriate position in Chapter 7

Insert:

Part 7‑4Amendments made by the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020

  

7.04  Application of amendments—variation of enterprise agreements

             (1)  Regulation 2.09B, as inserted by Schedule 1 to the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020, applies, for the purposes of the FWC deciding whether it is satisfied of the matter referred to in paragraph 211(1)(a) of the Act, in relation to an access period under subsections 180(2) and (3) of the Act that starts on or after the commencement of that Schedule.

             (2)  Despite the repeal of regulation 2.09B under subregulation 2.09B(3), that regulation continues to apply, for the purposes of the FWC deciding whether it is satisfied of the matter referred to in paragraph 211(1)(a) of the Act, in relation to an access period under subsection 180(2) and (3) of the Act that starts before that repeal.

Note:          Subregulation 2.09B(3) provides for the repeal of regulation 2.09B 6 months after the commencement of that regulation, or at a later time prescribed by these Regulations.

7.05  Repeal of Part 7‑4—6 months after repeal of regulation 2.09B

                   This Part is repealed at the end of the period of 6 months starting on the day regulation 2.09B is repealed.