Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Schedule 6 to the WR Act
(1) Schedule 6 to the WR Act ( continued Schedule 6 ) continues to apply on and after the WR Act repeal day in accordance with this Schedule.
(2) Except for instrument content rules and instrument interaction rules, nothing in this Schedule or continued Schedule 6 applies to State reference transitional awards or common rules.
Note: State reference transitional awards or common rules are continued in existence by Schedule 3 as transitional instruments.
(3) Without limiting subitem (1) (but subject to subitem (2)), transitional awards that were in operation under Schedule 6 to the WR Act immediately before the WR Act repeal day continue in operation as continuing Schedule 6 instruments on and after the repeal day in accordance with continued Schedule 6.
Note 1: In addition to provisions of this Schedule, Part 3 of Schedule 2 may also affect continuing Schedule 6 instruments.
Note 2: Compliance with continuing Schedule 6 instruments is dealt with in Schedule 16.
2 General modifications of references to the Australian Industrial Relations Commission etc.
(1) Continued Schedule 6 applies as if:
(a) a reference in that Schedule to the Australian Industrial Relations Commission (or the Commission) were a reference to the FWC; and
(b) without limiting paragraph (a)--a reference in that Schedule to a member of the Commission (or a Commissioner) were a reference to an FWC member; and
(c) a reference in that Schedule to the President were a reference to the President of the FWC; and
(d) a reference in that Schedule to a Presidential Member were a reference to the President, or a Deputy President, of the FWC; and
(e) a reference in that Schedule to a Full Bench were a reference to a Full Bench of the FWC; and
(f) a reference in that Schedule to a Registrar or the Industrial Registrar were a reference to the General Manager of the FWC; and
(g) from the time when the FWC completes its first annual wage review:
(i) a reference in that Schedule to the AFPC were a reference to the FWC; and
(ii) without limiting subparagraph (i)--a reference in that Schedule to wage - setting decisions of the AFPC were a reference to determinations made by the FWC in annual wage reviews; and
(h) a reference in that Schedule to the Rules of the Commission were a reference to the procedural rules of the FWC; and
(i) a reference to "this Act" (being the WR Act) in any of the following provisions of that Schedule were a reference to "this Act" as defined in section 12 of the FW Act:
(i) subclause 14(2);
(ii) paragraph 44(2)(a);
(iii) clause 70;
(iv) clause 108.
(2) Subitem (1) has effect unless the context otherwise requires and subject to the regulations.
Note: For example, paragraph (1)(a) does not apply if the reference is to something that the Australian Industrial Relations Commission did before the WR Act repeal day (or before the reform commencement).
3 Modifications relating to how the FWC is to perform functions under continued Schedule 6
(1) Section 578 of the FW Act applies to the performance of the FWC's functions under continued Schedule 6 as if the reference in paragraph 578(a) to "the objects of this Act, and any objects of the part of the Act" were a reference to the objects of continued Schedule 6.
(2) Sections 589 to 597 of the FW Act do not apply to the performance of the FWC's functions under this Schedule.
4 Modifications relating to transmission of business
Continued Schedule 6 applies as if:
(a) the reference to clause 72M in:
(i) the note to subclause 72J(2); and
(ii) note 1 to subclauses 72K(1), (2) and (3);
were a reference to item 15 of Schedule 16 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; and
(b) clause 72M were omitted; and
(c) Division 5 of Part 6A were omitted.
5 Modifications relating to general protections
(1) Continued Schedule 6 applies as if the reference in clause 19 to Part 16 were a reference to Part 3 - 1 of the FW Act.
(2) Continued Schedule 6 applies as if clause 107A were omitted.
6 Modifications relating to meaning of industrial action
Clause 3 of continued Schedule 6 has effect as if:
(a) note 2 to subclause 3(1) were worded as follows: "In Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v The Age Company Limited , PR946290, the Full Bench of the Australian Industrial Relations Commission considered the nature of industrial action and noted that action will not be industrial in character if it stands completely outside the area of disputation and bargaining."; and
(b) the words in brackets at the end of subclause 3(3) were omitted; and
(c) subclause 3(4), and note 1 to subclause 3(1), were omitted.
7 Modifications relating to secret ballots
(1) The new ballots compliance provisions (see subitem (2)) apply in relation to a secret ballot ordered by the FWC under continued Schedule 6 as if:
(a) the order were a protected action ballot order; and
(b) the ballot were a protected action ballot.
(2) The new ballots compliance provisions are:
(a) Subdivision E of Division 8 of Part 3 - 3 of the FW Act; and
(b) Part 4 - 1 of the FW Act; and
(c) Division 9 of Part 5 - 1 of the FW Act.
8 Modifications relating to right of entry
(1) Continued Schedule 6 applies as if clause 105 were omitted.
(2) Part 3 - 4 of the FW Act applies in relation to a continuing Schedule 6 instrument as if:
(a) a reference in that Part to a fair work instrument were a reference to a continuing Schedule 6 instrument; and
(b) Division 3 of Part 3 - 4 were omitted.
9 Modifications relating to employee records etc.
Continued Schedule 6 applies as if the reference in clause 107C to section 836 of the WR Act were a reference to sections 535 and 536 of the FW Act.
10 Modifications relating to compliance
Continued Schedule 6 applies as if clauses 106 and 107 were omitted.
Note 1: For the obligation to comply with continuing Schedule 6 instruments, see item 15 of Schedule 16.
Note 2: For the role of Fair Work Ombudsman and Inspectors in relation to continuing Schedule 6 instruments, see item 14 of Schedule 18.
11 Regulations may deal with other matters
The regulations may deal with other matters relating to how the FW Act applies in relation to continuing Schedule 6 instruments.