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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fair Work (Commonwealth Powers) Amendment
Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENT OF THE FAIR WORK
(COMMONWEALTH POWERS) ACT 2009 3
3 Definitions 3
4 Insertion of new section 3A 4
3A Fundamental workplace relations principles 4
5 Insertion of definition in section 5 5
6 Termination of references 6
7 Repeal of provision as to proclamation 6
8 Insertion of new section after section 7 6
7A Period for termination of references 6
PART 3--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS 8
9 Amendment of the Country Fire Authority Act 1958 8
10 Amendment of the Disability Act 2006 10
11 Amendment of the Duties Act 2000 10
12 Amendment of the Equal Opportunity Act 1995 10
13 Amendment of the Fundraising Act 1998 12
14 Amendment of the Health Services (Conciliation and
Review) Act 1987 12
15 Amendment of the Legal Profession Act 2004 13
16 Amendment of the Parliamentary Administration
Act 2005 13
17 Amendment of the Petroleum (Submerged Lands)
Act 1982 13
18 Amendment of the Pre-school Teachers and Assistants
(Leave) Act 1984 14
19 Amendment of the Rail Safety Act 2006 15
20 Amendment of the Working with Children Act 2005 15
561439B.I-13/10/2009 i BILL LA INTRODUCTION 13/10/2009
Clause Page
PART 4--REPEAL OF THIS ACT 16
21 Repeal of this Act 16
ENDNOTES 17
561439B.I-13/10/2009 ii BILL LA INTRODUCTION 13/10/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Fair Work (Commonwealth Powers)
Amendment Bill 2009
A Bill for an Act to amend the Fair Work (Commonwealth Powers)
Act 2009 and to make related amendments to other Acts and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Fair Work (Commonwealth
5 Powers) Act 2009 as a consequence of
various proposed amendments to the Fair
Work Act 2009 of the Commonwealth, and
to make other minor amendments to the Fair
Work (Commonwealth Powers) Act 2009;
10 (b) to make related amendments to other Acts.
561439B.I-13/10/2009 1 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of Part 1, 3 or 4 does not come into
5 operation before 1 July 2010 it comes into
operation on that day.
__________________
561439B.I-13/10/2009 2 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 2--Amendment of the Fair Work (Commonwealth Powers) Act 2009
s. 3
PART 2--AMENDMENT OF THE FAIR WORK
(COMMONWEALTH POWERS) ACT 2009
3 Definitions
(1) In paragraph (c) in the definition of referred See:
Act No.
5 subject matters in section 3(1) of the Fair Work 24/2009.
(Commonwealth Powers) Act 2009-- LawToday:
www.
legislation.
(a) after "responsibilities of" insert "persons, vic.gov.au
including"
(b) in subparagraph (i), after "freedom of
10 association" insert "in the context of
workplace relations,";
(c) in subparagraph (viii), before "rights of
entry" insert "union".
(2) In the definition of State subject matters in
15 section 3(1) of the Fair Work (Commonwealth
Powers) Act 2009--
(a) for paragraph (g) substitute--
"(g) training arrangements;";
(b) for paragraph (h) substitute--
20 "(h) long service leave;";
(c) for paragraph (k) substitute--
"(k) declaration, prescription or substitution
of public holidays;".
(3) Insert the following definition in section 3(1) of
25 the Fair Work (Commonwealth Powers) Act
2009--
"fundamental workplace relations principles
means the principles set out in section 3A;".
(4) In section 3(1) of the Fair Work
30 (Commonwealth Powers) Act 2009, the
definition of essential services is repealed.
561439B.I-13/10/2009 3 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 2--Amendment of the Fair Work (Commonwealth Powers) Act 2009
s. 4
(5) For section 3(3) of the Fair Work
(Commonwealth Powers) Act 2009 substitute--
"(3) Words or phrases in the definition of
referred subject matters or in the definition
5 of State subject matters that are defined in
the Commonwealth Fair Work Act (other
than in Division 2A of Part 1-3 of the
Commonwealth Fair Work Act) have the
meaning set out in the Commonwealth Fair
10 Work Act as in force on 1 July 2009.".
4 Insertion of new section 3A
After section 3 of the Fair Work
(Commonwealth Powers) Act 2009 insert--
"3A Fundamental workplace relations
15 principles
The following are the fundamental
workplace relations principles under this
Act--
(a) that the Commonwealth Fair Work Act
20 should provide for, and continue to
provide for, the following--
(i) a strong, simple and enforceable
safety net of minimum
employment standards;
25 (ii) genuine rights and responsibilities
to ensure fairness, choice and
representation at work, including
the freedom to choose whether or
not to join and be represented by a
30 union or participate in collective
activities;
(iii) collective bargaining at the
enterprise level with no provision
for individual statutory
35 agreements;
561439B.I-13/10/2009 4 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 2--Amendment of the Fair Work (Commonwealth Powers) Act 2009
s. 5
(iv) fair and effective remedies
available through an independent
umpire;
(v) protection from unfair dismissal;
5 (b) that there should be, and continue to be,
in connection with the operation of the
Commonwealth Fair Work Act, the
following--
(i) an independent tribunal system;
10 (ii) an independent authority able to
assist employers and employees
within a national workplace
relations system.".
5 Insertion of definition in section 5
15 After section 5(2) of the Fair Work
(Commonwealth Powers) Act 2009 insert--
"(3) In this section, essential services means any
of the following--
(a) any matter in respect of which a
20 proclamation has been made under
Part 6 of the Electricity Industry Act
2000;
(b) any matter in respect of which a
proclamation has been made under
25 Part 9 of the Gas Industry Act 2001;
(c) any vital State project that is declared
to be so under the Vital State Projects
Act 1976;
(d) any vital industry that is declared to be
30 so under the Vital State Industries
(Works and Services) Act 1992.".
561439B.I-13/10/2009 5 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 2--Amendment of the Fair Work (Commonwealth Powers) Act 2009
s. 6
6 Termination of references
After section 6(4) of the Fair Work
(Commonwealth Powers) Act 2009 insert--
"(5) If the amendment reference and the
5 transition reference have been terminated,
the expression the references in subsection
(1) refers only to the initial reference.".
7 Repeal of provision as to proclamation
Section 7(3) of the Fair Work (Commonwealth
10 Powers) Act 2009 is repealed.
8 Insertion of new section after section 7
After section 7 of the Fair Work
(Commonwealth Powers) Act 2009 insert--
"7A Period for termination of references
15 (1) Subject to subsection (2), a day fixed by a
proclamation under section 6(1) must be no
earlier than the first day after the end of the
period of 6 months beginning on the day on
which the proclamation is published.
20 (2) If--
(a) a proclamation under section 6(1) only
provides for the termination of the
amendment reference; and
(b) the Governor in Council, as part of the
25 proclamation by which the termination
is to be effected, declares that, in the
opinion of the Governor in Council, the
Commonwealth Fair Work Act--
(i) is proposed to be amended (by an
30 amendment introduced into the
Parliament of the Commonwealth
by a Commonwealth Minister); or
561439B.I-13/10/2009 6 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 2--Amendment of the Fair Work (Commonwealth Powers) Act 2009
s. 8
(ii) has been amended--
in a manner that is inconsistent with
one or more of the fundamental
workplace relations principles--
5 the day fixed by the proclamation under
section 6(1)(b) may be earlier than the day
that applies under subsection (1) but must be
no earlier than the first day after the end of
the period of 3 months beginning on the day
10 on which the proclamation is published.
(3) If the Governor in Council terminates the
amendment reference and fixes a day under
subsection (2), the Minister must, as soon as
practicable after the publication of the
15 relevant proclamation, prepare a report on
the matter and cause copies of that report to
be laid before both Houses of Parliament.".
__________________
561439B.I-13/10/2009 7 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 9
PART 3--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
9 Amendment of the Country Fire Authority Act 1958
(1) Insert the following definitions in section 3(1) of
5 the Country Fire Authority Act 1958--
"Fair Work Australia has the same meaning as in
the Fair Work Act 2009 of the
Commonwealth;
federal award or agreement means--
10 (a) a modern award within the meaning of
the Fair Work Act 2009 of the
Commonwealth; or
(b) a determination of Fair Work Australia
made under the Fair Work Act 2009 of
15 the Commonwealth; or
(c) an award-based transitional instrument
within the meaning of the Fair Work
(Transitional Provisions and
Consequential Amendments) Act 2009
20 of the Commonwealth; or
(d) a transitional minimum wage
instrument within the meaning of the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009
25 of the Commonwealth; or
(e) an enterprise agreement made under the
Fair Work Act 2009 of the
Commonwealth; or
(f) an agreement-based transitional
30 instrument within the meaning of the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009
of the Commonwealth;".
561439B.I-13/10/2009 8 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 9
(2) In section 18(1) of the Country Fire Authority
Act 1958--
(a) for "any award or agreement under any Act
of the Commonwealth relating to
5 conciliation and arbitration or under Part 2 of
the Employee Relations Act 1992"
substitute "any federal award or agreement
or minimum wage order under the Fair Work
Act 2009 of the Commonwealth";
10 (b) for "(if such an award or employment
agreement is not applicable)" substitute
"(if such an award, agreement or minimum
wage order does not apply)".
(3) In section 18(2) of the Country Fire Authority
15 Act 1958--
(a) for "any award or agreement under any Act
of the Commonwealth relating to
conciliation or arbitration or under Part 2 of
the Employee Relations Act 1992"
20 substitute "any federal award or agreement
or the National Employment Standards under
the Fair Work Act 2009 of the
Commonwealth";
(b) for "(if no such award or employment
25 agreement is applicable)" substitute "(if
such an award, agreement or Standard does
not apply)".
(4) In section 110(1)(b) of the Country Fire
Authority Act 1958, for "an award or agreement
30 under any Act of the Commonwealth relating to
conciliation and arbitration or a determination of a
wages board or Industrial Appeals Court is not
applicable" substitute "no federal award or
agreement applies".
561439B.I-13/10/2009 9 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 10
10 Amendment of the Disability Act 2006
(1) Insert the following definitions in section 3(1) of
the Disability Act 2006--
"Australian Industrial Relations Commission
5 means the body established by section 61 of
the Workplace Relations Act 1996 of the
Commonwealth, as in force before its repeal;
Fair Work Australia has the same meaning as in
the Fair Work Act 2009 of the
10 Commonwealth;".
(2) In section 121(1)(b) of the Disability Act 2006,
after "initiated before" insert "Fair Work
Australia or".
11 Amendment of the Duties Act 2000
15 In the definition of industrial organisation in
section 3(1) of the Duties Act 2000, for "the
Workplace Relations Act 1996 of the
Commonwealth" substitute "the Fair Work
(Registered Organisations) Act 2009 of the
20 Commonwealth".
12 Amendment of the Equal Opportunity Act 1995
(1) In section 4(1) of the Equal Opportunity Act
1995--
(a) for paragraph (a) in the definition of
25 employee substitute--
"(a) a person employed under a contract of
service, whether or not under a federal
agreement or award;";
(b) for paragraph (a) in the definition of
30 employer substitute--
"(a) a person who employs another person
under a contract of service, whether or
not under a federal agreement or
award;";
561439B.I-13/10/2009 10 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 12
(c) for paragraph (a) in the definition of
employment substitute--
"(a) employment under a contract of
service, whether or not under a federal
5 agreement or award;";
(d) for paragraph (a) in the definition of
employment entitlements substitute--
"(a) contract of service; or
(aa) federal agreement or award; or
10 (ab) minimum wage order under the Fair
Work Act 2009 of the Commonwealth;
or";
(e) insert the following definition--
"Fair Work Australia has the same meaning
15 as in the Fair Work Act 2009 of the
Commonwealth;".
(2) For section 4(3) of the Equal Opportunity Act
1995 substitute--
"(3) A reference in the definition of employee,
20 employer, employment or employment
entitlements in subsection (1) to a federal
agreement or award is a reference to--
(a) an enterprise agreement made under the
Fair Work Act 2009 of the
25 Commonwealth; or
(b) an agreement-based transitional
instrument within the meaning of the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009
30 of the Commonwealth; or
(c) a modern award within the meaning of
the Fair Work Act 2009 of the
Commonwealth; or
561439B.I-13/10/2009 11 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 13
(d) a determination of Fair Work Australia
made under the Fair Work Act 2009 of
the Commonwealth; or
(e) an award-based transitional instrument
5 within the meaning of the Fair Work
(Transitional Provisions and
Consequential Amendments) Act 2009
of the Commonwealth; or
(f) a transitional minimum wage
10 instrument within the meaning of the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009
of the Commonwealth.".
13 Amendment of the Fundraising Act 1998
15 In section 16(g) of the Fundraising Act 1998, for
"the Workplace Relations Act 1996 or the
Industrial Relations Act 1988" substitute "the
Fair Work (Registered Organisations) Act 2009".
14 Amendment of the Health Services (Conciliation
20 and Review) Act 1987
(1) Insert the following definitions in section 3(1) of
the Health Services (Conciliation and Review)
Act 1987--
"Australian Industrial Relations Commission
25 means the body established by section 61 of
the Workplace Relations Act 1996 of the
Commonwealth, as in force before its repeal;
Fair Work Australia has the same meaning as in
the Fair Work Act 2009 of the
30 Commonwealth;".
(2) For the definition of Industrial Tribunal in
section 3(1) of the Health Services (Conciliation
and Review) Act 1987 substitute--
561439B.I-13/10/2009 12 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 15
"industrial tribunal means Fair Work Australia or
the Australian Industrial Relations
Commission;".
15 Amendment of the Legal Profession Act 2004
5 For section 2.2.2(2)(e) of the Legal Profession
Act 2004 substitute--
"(e) a person who prepares--
(i) an enterprise agreement within the
meaning of the Fair Work Act 2009 of
10 the Commonwealth; or
(ii) an agreement-based transitional
instrument within the meaning of the
Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009
15 of the Commonwealth--
on behalf of a party or proposed party to the
agreement;".
16 Amendment of the Parliamentary Administration
Act 2005
20 (1) Section 1(b) of the Parliamentary
Administration Act 2005 is repealed.
(2) Section 3(ca) of the Parliamentary
Administration Act 2005 is repealed.
17 Amendment of the Petroleum (Submerged Lands)
25 Act 1982
(1) Insert the following definition in clause 3 of
Schedule 7 to the Petroleum (Submerged
Lands) Act 1982--
"Fair Work Australia has the same meaning as in
30 the Fair Work Act 2009 of the
Commonwealth;".
561439B.I-13/10/2009 13 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 18
(2) For the definition of registered organisation in
clause 3 of Schedule 7 to the Petroleum
(Submerged Lands) Act 1982 substitute--
"registered organisation means an organisation
5 registered under the Fair Work (Registered
Organisations) Act 2009 of the
Commonwealth;".
(3) In the definition of reviewing authority in
clause 3 of Schedule 7 to the Petroleum
10 (Submerged Lands) Act 1982, for "the
Australian Industrial Relations Commission"
substitute "Fair Work Australia".
18 Amendment of the Pre-school Teachers and
Assistants (Leave) Act 1984
15 (1) Insert the following definition in section 3(1) of
the Pre-school Teachers and Assistants (Leave)
Act 1984--
"Fair Work Australia has the same meaning as in
the Fair Work Act 2009 of the
20 Commonwealth;".
(2) For the definition of award in section 3(1) of the
Pre-school Teachers and Assistants (Leave) Act
1984 substitute--
"award means--
25 (a) an enterprise agreement made under the
Fair Work Act 2009 of the
Commonwealth; or
(b) an agreement-based transitional
instrument within the meaning of the
30 Fair Work (Transitional Provisions and
Consequential Amendments) Act 2009
of the Commonwealth; or
(c) a modern award within the meaning of
the Fair Work Act 2009 of the
35 Commonwealth; or
561439B.I-13/10/2009 14 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 3--Consequential Amendments to Other Acts
s. 19
(d) a determination of Fair Work Australia
made under the Fair Work Act 2009 of
the Commonwealth; or
(e) an award-based transitional instrument
5 within the meaning of the Fair Work
(Transitional Provisions and
Consequential Amendments) Act 2009
of the Commonwealth;".
(3) In the definition of sick leave in section 3(1) of
10 the Pre-school Teachers and Assistants (Leave)
Act 1984, after "an award" insert "or in
accordance with the National Employment
Standards under the Fair Work Act 2009 of the
Commonwealth".
15 19 Amendment of the Rail Safety Act 2006
For the definition of registered employee
organisation in section 3(1) of the Rail Safety
Act 2006 substitute--
"registered employee organisation means an
20 organisation, of which some or all of the
members are employees, that is registered
under the Fair Work (Registered
Organisations) Act 2009 of the
Commonwealth.".
25 20 Amendment of the Working with Children Act 2005
(1) In section 33(2)(c)(ii)(B) of the Working with
Children Act 2005, for "the Workplace Relations
Act 1996 of the Commonwealth" substitute "the
Fair Work Act 2009 of the Commonwealth".
30 (2) In section 35(2)(c)(ii) of the Working with
Children Act 2005, for "the Workplace Relations
Act 1996 of the Commonwealth" substitute
"the Fair Work Act 2009 of the Commonwealth".
__________________
561439B.I-13/10/2009 15 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Part 4--Repeal of this Act
s. 21
PART 4--REPEAL OF THIS ACT
21 Repeal of this Act
This Act is repealed on the first anniversary of
the first day on which all of its provisions are in
5 operation.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561439B.I-13/10/2009 16 BILL LA INTRODUCTION 13/10/2009
Fair Work (Commonwealth Powers) Amendment Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561439B.I-13/10/2009 17 BILL LA INTRODUCTION 13/10/2009
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