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Workplace Relations Regulations 2006
No longer in force
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Administered by
Employment
This item is authorised by the following titles:
Fair Work (Registered Organisations) Act 2009
Workplace Relations Amendment (Work Choices) Act 2005
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F2015C00741
01 July 2015
-
31 March 2016
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Chapter 1—Preliminary
1.1 Name of Regulations
1.2 Commencement
1.3 Definitions
1.4 Definition of employing authority in subsection 4(1) of the Act—prescribed persons and bodies
1.5 Definition of public sector employment in subsection 4(1) of the Act—prescribed laws and persons
1.6 Repeal of Workplace Relations Regulations 1996
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Chapter 2—General regulations for the Workplace Relations Act 1996
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Part 1—Preliminary
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Division 1—Exclusion of persons insufficiently connected with Australia
1.1 Crew members of commercial vessels
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Division 2—Act excludes some State and Territory laws
1.2 State and Territory laws that are not excluded by the Act—general
1.3 State and Territory laws that are not excluded by the Act—specified laws
1.4 Exclusion of prescribed State and Territory laws
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Division 3—Awards, agreements and Commission orders prevail over State and Territory law etc
1.5 Laws about training arrangements
1.6 Laws about prevailing awards, agreements and Commission orders
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Part 3—Australian Industrial Relations Commission
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Division 1—Establishment of Commission
3.1 Prescribed State industrial authorities—section 67 and subsections 71(2) and 696(1), (2) and (5) of the Act
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Division 3—Representation and intervention
3.3 Representation of employing authorities before the Commission or Court
3.4 Representation of certain persons by unregistered associations
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Division 4—General matters relating to the powers and procedures of the Commission
3.5 Compulsory conferences
3.6 Power to override certain laws affecting public sector employment
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Division 6—Miscellaneous
3.7 President must provide certain information etc to the Minister
3.8 Power of Commission to waive procedural requirements and effect of non-compliance
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Part 4—Australian Industrial Registry
4.1 Office hours
4.2 Lodgment of documents in Industrial Registry
4.3 Endorsement of documents
4.4 Inspection of documents
4.5 Power to waive procedural requirements and effect of non-compliance
4.6 Use of previous evidence
4.7 Recovery of cost of providing copies of documents
4.8 Custody and use of seals of the Industrial Registry
4.9 General powers of Registrar
4.10 Signing of documents etc on behalf of persons, organisations etc
4.11 Application of the Criminal Code to civil remedy provisions
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Part 5—Workplace Authority Director
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Division 2—Remuneration and allowances of Workplace Authority Director
5.2 Remuneration and allowances
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Division 3—Disclosure of identity of parties to ITEA
5.3 Identity of parties to ITEA not to be disclosed—exception relating to analyses and reports
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Division 4—Disclosure of information by workplace agreement official—
5.6 Disclosure of information by workplace agreement official
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Part 6—Workplace inspectors
6.1 Period of appointment
6.2 Advice about rights and obligations
6.3 Notification of failure to observe requirements
6.4 Investigating alleged breach of section 34 of the Independent Contractors Act 2006
6.5 Taking of samples
6.6 Disclosure of information by Workplace Ombudsman
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Part 7—The Australian Fair Pay and Conditions Standard
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Division 1—Preliminary
7.1 Operation of the Australian Fair Pay and Conditions Standard—provision of more favourable outcome
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Division 2—Wages
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Subdivision A—Preliminary
7.2 Definitions for Division 2 of the Act—pre-reform federal wage instrument
7.3 Definitions for Division 2 of the Act—pre-reform State wage instrument
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Subdivision I—Australian Pay and Classification Scales: preserved APCSs
7.4 Deriving preserved APCSs from pre-reform wage instruments—supported employment services
7.5 Notional adjustments—general
7.6 Notional adjustments—Victorian minimum wage orders
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Subdivision L—Adjustments to incorporate 2005 Safety Net Review etc
7.7 Adjustments to incorporate 2005 Safety Net Review—other matters
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Division 4—Annual Leave
7.7A Piece rate employees—basic periodic rate of pay
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Division 5—Personal leave
7.8 Medical certificates issued by registered health practitioners
7.9 Piece rate employees—basic periodic rate of pay
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Division 6—Parental leave
7.10 Piece rate employees—basic periodic rate of pay
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Part 8—Workplace agreements
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Division 2—Types of workplace agreements
8.1 Authorisation of multiple-business agreements
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Division 6—Operation of workplace agreements and persons bound
8.2 Workplace agreement displaces certain Commonwealth laws—prescribed conditions of employment
8.3 Workplace agreement displaces certain Commonwealth laws—prescribed Commonwealth laws
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Division 7.1—Prohibited content under section 356 of the Act
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Subdivision A—Preliminary
8.4 Purpose of Division
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Subdivision B—Various matters that are prohibited content
8.5 Various matters
8.6 Discriminatory terms
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Subdivision C—Matters that do not pertain to the employment relationship are prohibited content
8.7 Matters that do not pertain to the employment relationship are prohibited content
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Division 7.2—Prohibited content under Schedule 8 to the Act
8.8 Prohibited content
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Subdivision B—Prohibited content
8.9 Employer must not lodge workplace agreement containing prohibited content
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Division 12—Miscellaneous
8.10 Qualifications and appointment of bargaining agents
8.11 Required form of workplace agreements
8.12 Witnessing of signatures on ITEAs and variations to ITEAs
8.13 Signing of workplace agreements
8.13A Signing of variations to workplace agreements
8.14 Retention of signed workplace agreement
8.15 Application of the Criminal Code to civil remedy provisions
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Part 9—Industrial action
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Division 2—Bargaining periods
9.1 Employee may appoint agent to initiate bargaining period—qualifications for appointment
9.2 Employee may appoint agent to initiate bargaining period—appointment
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Division 3—Protected action
9.3 Protected action
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Division 4—Secret ballots on proposed protected action
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Subdivision A—General
9.4 Declaration envelope
9.5 Employee may appoint agent to apply for ballot order—qualifications for appointment
9.6 Employee may appoint agent to apply for ballot order—appointment
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Subdivision B—Application for order for protected action ballot to be held
9.7 Material to accompany application
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Subdivision C—Secret ballots on proposed protected action
9.8 Notifying employees of ballot
9.9 Information relevant to roll of voters
9.10 Form of ballot paper
9.11 Conduct of ballot—access to workplace
9.12 Directions about ballot paper
9.13 Issuing of ballot papers—attendance voting
9.14 Duplicate ballot papers—attendance voting
9.15 Dispatch of ballot papers—postal voting
9.16 Duplicate ballot paper etc—postal voting
9.17 Manner of voting—postal voting
9.18 Scrutiny
9.19 Appointment of scrutineers
9.20 Qualifications of scrutineers
9.21 Scrutineers—appointment
9.22 Functions of scrutineers
9.23 Powers and duties of authorised independent advisers
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Division 5—Industrial action not to be engaged in before nominal expiry date of workplace agreement or workplace determination
9.24 Industrial action etc must not be taken before nominal expiry date of collective agreement or workplace determination
9.25 Industrial action must not be taken before nominal expiry date of ITEA
9.26 Application of the Criminal Code to civil remedy provisions
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Part 10—Awards
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Division 2—Terms that may be included in awards
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Subdivision D—Regulations relating to part-time employees
10.1 Award conditions for part-time employees
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Division 3—Preserved award entitlements
10.2 Preservation of certain award terms
10.3 Meaning of more generous
10.4 Modifications in relation to personal/carer’s leave
10.5 Modifications in relation to parental leave
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Division 6—Binding additional employers, employees and organisations to awards
10.7 Process for valid majority of employees
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Part 12—Minimum entitlements of employees
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Division 1—Entitlement to meal breaks
12.1 Displacement of entitlement to meal breaks
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Division 4—Termination of employment
12.2 Interpretation for Division 4
12.3 Specified rate
12.4 Rate of remuneration per year
12.5 Amount taken to have been received by the employee
12.6 Annual indexation of certain amounts
12.7 Schedule of costs (Act, s 658)
12.8 Temporary absence because of illness or injury
12.9 Prescribed notice of intended terminations subsection 660(2) of the Act
12.10 Required period of notice—exception for serious misconduct
12.11 Required period of notice—ascertaining period of continuous service
12.12 Compensation in lieu of required period of notice—commission or piece rates employees
12.13 Inapplicability of section 661 of the Act—succession, assignment or transmission of business
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Part 13—Dispute resolution processes
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Division 2—Model dispute resolution process
13.1 Alternative dispute resolution process—parties cannot agree on a provider
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Division 3—Alternative dispute resolution process conducted by Commission under model dispute resolution process
13.2 Dispute resolution processes—application
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Part 14—Compliance
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Division 2—Penalties and other remedies for contravention of applicable provisions
14.1 Recovery of wages etc—small claims procedure
14.2 Recovery of small claims under award, order, ITEA or certified agreement—maximum amount
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Division 3—General provisions relating to civil remedies
14.3 Standing for civil remedies
14.4 Court may order pecuniary penalty
14.5 Multiple contraventions of civil remedy provisions
14.6 Crown not liable to penalty for contravention of civil remedy provision
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Part 15—Right of entry
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Division 1—Preliminary
15.1 Definitions—OHS law
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Division 2—Issue of permits
15.2 Issue of permit—form of application
15.3 Issue of permit—form of permit
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Division 3—Expiry, revocation, suspension, etc of permits
15.4 Revocation, suspension etc by Registrar—application for revocation of a permit
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Division 4—Right of entry to investigate suspected breaches
15.5 Exemption from requirement to provide entry notice—form of application
15.6 Exemption from requirement to provide entry notice—form of exemption certificate
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Division 6—Right of entry to hold discussions with employees
15.7 Limitation on rights—conscientious objection certificates
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Division 9—Powers of the Commission
15.8 Unreasonable requests by occupier or affected employee
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Part 19—Records relating to employees and pay slips
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Division 1—Preliminary
19.1 Purpose of Part 19
19.2 Application of Part 19
19.3 Application of the Criminal Code to civil remedy provisions
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Division 2—Rules concerning keeping records
19.4 Obligation to make and keep records relating to employees
19.5 Condition of records
19.6 Form of records
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Division 3—Content of records
19.7 Content requirement for records
19.8 Contents of records—general
19.9 Contents of records—overtime hours worked
19.10 Contents of records—reasonable additional hours
19.11 Contents of records—pay
19.12 Contents of records—leave
19.13 Contents of records—superannuation contributions
19.14 Contents of records—termination of employment
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Division 4—Transmission of business
19.15 Transmission of business
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Division 5—Miscellaneous
19.16 Alteration and correction of a record
19.17 False or misleading entry in a record
19.18 Inspection and copying of a record
19.19 Information concerning a record
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Division 6—Pay slips
19.20 Pay slips
19.21 Contents of pay slips
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Division 7—Transitional provisions
19.22 Effect of repeal of pre-reform Regulations
19.23 Application of provisions after transitional award ceases to operate
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Part 19B—Infringement notices
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Division 1—Preliminary
19.44 Purpose of Part
19.45 Definitions
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Division 2—Infringement notices
19.46 When an infringement notice can be given
19.47 Contents of infringement notice
19.48 Amount of penalty if infringement notice issued
19.49 Time for payment of penalty
19.50 Extension of time to pay penalty
19.51 Effect of payment of penalty
19.52 Withdrawal of infringement notice
19.53 Notice of withdrawal of infringement notices
19.54 Refund of penalty
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Part 21—Matters referred by Victoria
21.1 Additional effect of Act—workplace agreements (related provisions)
21.2 Workplace agreements—mandatory term about basic periodic rate of pay
21.3 Relationship between employment agreements and Australian Fair Pay and Conditions Standard
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Chapter 3—Transitional arrangements for parties bound by federal awards
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Part 3—Powers and procedures of Commission for dealing with industrial disputes
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Division 2—Variation and revocation of transitional awards
3.1 Variation of transitional awards—dealing with industrial dispute
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Part 7—Matters relating to Victoria
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Division 1—Matters referred by Victoria
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Subdivision A—Introduction
7.1 Definitions for Part 7
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Subdivision B—Industrial disputes
7.2 Industrial disputes—prescribed laws of Victoria
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Subdivision D—Preserved transitional award terms—transitional Victorian reference awards
7.3 Preserved transitional award terms
7.4 Meaning of more generous
7.5 Modifications in relation to personal/carer’s leave
7.6 Modifications in relation to parental leave
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Subdivision E—Common rules
7.7 Proposed variation of common rules—notice of hearing by the Commission
7.8 Publication of a notice inviting objections to a variation
7.9 Notice of declaration that a variation is not binding on the organisation or person
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Division 2—Other matters
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Subdivision B—Preserved transitional award terms—transitional awards (other than transitional Victorian reference awards) in respect of employees in Victoria
7.10 Preserved transitional award terms
7.11 Meaning of more generous
7.12 Modifications in relation to personal/carer’s leave
7.13 Modifications in relation to parental leave
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Part 8—Transitional arrangements for parties bound by federal awards—miscellaneous
8.1 Varying or setting aside obligation to pay redundancy pay
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Chapter 4—Extra provisions relating to definitions
1.1 Purpose of Chapter 4
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Chapter 5—Transitional treatment of State employment agreements and State awards
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Part 2—Preserved State agreements
2.1 Varying or setting aside obligation to pay redundancy pay
2.2 Protected preserved conditions where termination of preserved State agreement occurred before Transition to Forward with Fairness Act
2.3 Outworker conditions under preserved State agreements to continue to have effect for employees subject to workplace agreements or workplace determinations
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Part 3—Notional agreements preserving State awards
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Division 2—Effect and operation of a notional agreement preserving State awards
3.1A Outworker conditions under notional agreements preserving State awards to continue to have effect for employees subject to workplace agreements
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Division 5—Preserved notional terms and preserved notional entitlements
3.1 Preserved notional terms of notional agreement
3.2 Meaning of more generous
3.3 Modifications in relation to personal/carer’s leave
3.4 Modifications in relation to parental leave
3.5 Varying or setting aside obligation to pay redundancy pay
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Chapter 6—Transitionally registered associations
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Part 1—Preliminary
1.1 Definitions
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Part 2—Representation rights of transitionally registered associations of employees
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Division 1—Orders about representation rights of transitionally registered associations of employees—no prior order in relation to State-registered association
2.1 Order
2.2 Variation of order
2.3 Organisations and transitionally registered association must comply with order
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Division 2—Orders about representation rights of transitionally registered associations of employees—prior order in relation to State-registered association
2.4 Order
2.5 Order may be subject to limits or alterations
2.6 Organisations and transitionally registered association must comply with order
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Division 3—Proceedings regarding representation rights in a State or Territory immediately before the reform commencement
2.7 Representation rights—evidence in prior proceedings
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Part 3—Cancellation of transitional registration
3.1 Application for cancellation of transitional registration by Commission—form of application
3.2 Application for cancellation of transitional registration by Commission—registration by mistake
3.3 Application for cancellation of transitional registration by Commission—association no longer State-registered association
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Part 4—Modification of Registration and Accountability of Organisations Schedule for transitionally registered associations
4.1 Modifications
4.2 Provisions not to apply
4.3 Other criteria for registration of transitionally registered association—being substantially identical to another body
4.4 Other criteria for registration of transitionally registered association—coverage rules
4.5 Change of rules not to prevent registration
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Chapter 7—Transitional and other provisions for the Work Choices Act
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Part 1—Preliminary
1.1 Purpose of Chapter 7
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Part 2—Regulations for transitional etc provisions and consequential amendments—Act
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Division 1—Repeal of Part XV of the pre-reform Act
2.1 Effect of repeal
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Division 2—Transmission of transitional awards
2.2 Succession, transmission or assignment of a business before reform commencement—application of Part 7 of Schedule 6 to the Act
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Division 2A—Matters referred by Victoria
2.2A Additional effect of Act—exclusion of Victorian laws under section 898
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Division 3—Matters relating to Victoria—transmission of business (transitional Victorian reference awards)
2.3 Transmission of business—application of Subdivision F of Division 1 of Part 7 of Schedule 6 to the Act
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Division 4—Matters relating to Victoria—transmission of business (transitional awards other than transitional Victorian reference awards)
2.4 Transmission of business—application of Subdivision BA of Division 2 of Part 7 of Schedule 6 to the Act
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Division 4A—Matters relating to Victoria—employees covered by transitional awards or common rules
2.4A Hours of work
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Division 5—Succession, transmission or assignment of a business before reform commencement
2.5 Application of pre-reform Act
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Division 6—Amendment of Part VIA of the pre-reform Act
2.6 Effect of amendments—equal remuneration for work of equal value
2.7 Effect of amendments—parental leave (repeal of pre-reform leave provisions)
2.8 Replacement employees
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Division 7—Operation of matters relating to permit ships
2.9 Awards in relation to permit ships
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Division 8—Amendment of Part XII of the pre-reform Act
2.10 Costs only where proceeding instituted vexatiously etc
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Division 9—Amendment of Part XIII of the pre-reform Act
2.11 Signature on behalf of body corporate
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Division 10—Application of Act and Regulations to Australia’s exclusive economic zone and continental shelf
2.12 Application of Act and Regulations
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Division 11—Application of pre-reform Act in relation to certain pre-reform certified agreements and pre-reform AWAs
2.13 Application of pre-reform Act
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Division 12—Workplace inspectors
2.14 Powers of workplace inspectors in relation to investigation of alleged breaches of pre-reform Act or pre-reform Regulations
2.15 Repeal of Part IVA of the pre-reform Act—other functions and powers of pre-reform authorised officers in relation to investigation of alleged breaches not started before the reform commencement
2.16 Repeal of Part IVA of the pre-reform Act—other functions and powers of pre-reform authorised officers in relation to investigation of alleged breaches started before the reform commencement
2.17 Disclosure of information
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Division 13—Compliance
2.18 Repeal of Part VA—review by Commonwealth Ombudsman
2.19 Enforcement of rights and obligations
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Division 14—Interpretation of transitional instruments
2.20 Interpretation of transitional instruments
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Division 15—Industrial action before nominal expiry date of workplace agreement or workplace determination
2.21 Industrial action
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Division 16—Accrual and crediting of leave in lump sums (in advance or in arrears)
2.22 Accrual and crediting of leave in advance of service
2.23 Accrual and crediting of leave in arrears of service
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Division 17—Pre-reform personal/carer’s leave and compassionate leave
2.23A Pre-reform personal/carer’s leave and compassionate leave
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Division 18—Redundancy pay obligations
2.24 Varying or setting aside obligation to pay redundancy pay
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Part 3—Regulations for transitional etc provisions and consequential amendments—pre-reform Regulations
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Division 1—Repeal of Division 2 of Part 5A of the pre-reform Regulations
3.1 Effect of repeal
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Division 2—Matters referred by Victoria
3.2 Effect of repeal of regulation 132G
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Part 4—Regulations for transitional etc provisions and consequential amendments—part-heard matters
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Division 1—Interpretation
4.1 Definitions
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Division 2—Appeals under Part VI of the pre-reform Act
4.2 Appeals against findings in relation to industrial disputes
4.3 Appeals against awards or orders
4.4 Appeals against decisions not to make orders or awards
4.5 Appeals against decisions under paragraph 111(1)(g) of pre-reform Act
4.6 Appeals against decisions under Division 5 of Part VI of pre-reform Act
4.7 Appeals against decisions not to certify agreements
4.8 Appeal against decision to certify agreement
4.9 Appeal against decision to vary, or not to vary, award or certified agreement (objectionable provision)
4.10 Appeal against decision to vary, or not to vary, award or certified agreement (sex discrimination)
4.11 Appeal against decision in relation to jurisdiction
4.12 Appeals relating to matters arising under Registration and Accountability of Organisations Schedule
4.13 Time within which appeals may be instituted
4.14 General rules relating to continuing appeals
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Division 3—Registrar—references and appeals
4.15 Reference to Commission by Registrar
4.16 Removal of matter before Registrar
4.17 Appeal from Registrar to Commission
4.18 Reference to Court by Registrar
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Division 4—Dispute prevention and settlement
4.19 Review of certain awards
4.20 Dealing with disputes
4.21 Principles about making or varying awards in relation to allowable award matters
4.22 Reference of disputes to Full Bench
4.23 Proceedings being dealt with by President
4.24 Review on application by Minister
4.25 Particular powers of Commission
4.26 Commission to cease dealing with industrial dispute in certain circumstances
4.27 Recommendations by consent
4.28 Varying awards (ambiguity or uncertainty)
4.29 Varying awards (removal of discrimination)
4.30 Varying certified agreements (removal of discrimination)
4.31 Varying awards (change of name)
4.32 Varying awards (junior rates of pay)
4.33 Enterprise flexibility provisions
4.34 Compulsory conferences
4.35 Exceptional matters orders
4.36 Orders to stop or prevent industrial action
4.37 Unfair contracts
4.38 Orders restraining State authorities from dealing with disputes
4.39 Reference of dispute to local industrial board
4.40 Boards of reference
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Division 5—Ballots ordered by Commission
4.41 Secret ballots—industrial disputes
4.42 Secret ballots—industrial action
4.43 Secret ballots—approval of certified agreements
4.44 Secret ballots—industrial action during bargaining period
4.45 Application for secret ballot
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Division 6—Common rules
4.46 Common rules
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Division 7—Awards of Commission
4.47 Review of operation of awards
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Division 8—Boycotts
4.48 Disputes relating to boycotts
4.49 Restriction on certain actions in tort
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Division 9—Cancellation and suspension of awards and orders
4.50 Cancellation and suspension of awards and orders
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Division 10—Right of entry
4.51 Civil penalty proceedings
4.52 Powers of Commission
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Division 11—Freedom of association
4.53 Remedies for breaches
4.54 Removal of objectionable provisions
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Division 12—State laws
4.55 Appeal rights under State laws
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Chapter 8—Miscellaneous provisions
1.1 Ballots conducted by the Australian Electoral Commission—no unauthorised action
1.2 No action for defamation in certain cases
1.3 Application of the Criminal Code to civil remedy provisions
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Schedule 1—Forms
Form 1—Ballot paper under Part 3 of Chapter 3
Form 2—Permit to enter and inspect premises
Form 3—Permit to enter and inspect premises
Form 4—Notice of proposed terminations
Form 5—Application to the Commission to have a dispute resolution process conducted
Schedule 2—Employing authorities (Act, subsection 4(1))
Schedule 3—Commonwealth authorities (definition of public sector employment)
Schedule 4—Information and copies of documents to be given to Minister by AIRC
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Schedule 7—Schedule of costs
Part 1—Instructions
Part 2—Documents
Part 3—Drawing
Part 4—Writing or typing legal letters
Part 5—Copies
Part 6—Perusal and scanning
Part 7—Examination
Part 8—Letters
Part 9—Service
Part 10—Preparation of appeal books
Part 11—Attendances
Part 12—General care and conduct
Part 13—Fees for Counsel for solicitor appearing as Counsel
Part 14—Witnesses’ expenses
Part 15—Disbursements
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Schedule 8—Further provisions—amendments of the Act relating to definitions
Part 1—Amendments of clause 2 of Schedule 2 to the Act
Part 2—Amendments of clause 3 of Schedule 2 to the Act
Part 3—Amendments of clause 4 of Schedule 2 to the Act
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history