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FAIR WORK (STATE REFERRAL AND CONSEQUENTIAL AND OTHER AMENDMENTS) ACT 2009 - SCHEDULE 18

Treasury

Part   1 -- Consequential amendments

Commonwealth Volunteers Protection Act 2003

1   Subsection 4(1) ( paragraph   ( b) of the definition of Commonwealth authority )

Repeal the paragraph, substitute:

  (b)   an organisation registered or an association recognised under the Fair Work (Registered Organisations) Act 2009 ; or

Corporations Act 2001

2   Subparagraphs 764A(1)(d)(i), (e)(i) and (f)(i)

Omit "that is an organisation within the meaning of the Workplace Relations Act 1996 for a member of the organisation", substitute "that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 for a member of the association".

3   Paragraph 765A(1)(u)

Omit "that is an organisation within the meaning of the Workplace Relations Act 1996 for a member of the organisation", substitute "that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 for a member of the association".

Financial Sector (Business Transfer and Group Restructure) Act 1999

4   Subsection 43(7)

Omit " Workplace Relations Act 1996 ", substitute " Fair Work Act 2009 , the Fair Work (Registered Organisations) Act 2009 , or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ".

Fringe Benefits Tax Assessment Act 1986

5   Paragraph 65J(1)(f)

Omit "under the Workplace Relations Act 1996 ", substitute "or recognised under the Fair Work (Registered Organisations) Act 2009 ".

Income Tax Assessment Act 1997

6   Section   50 - 15 (table item   3.1)

Omit "under the Workplace Relations Act 1996 ", substitute "or recognised under the Fair Work (Registered Organisations) Act 2009 ".

7   Paragraph 290 - 80(1)(b)

Omit "given by Schedule   8 to the Workplace Relations Act 1996 ", substitute "of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ".

8   Subsection 290 - 80(2) (note)

Omit all the words from and including "individual" to and including " 1996 ", substitute "enterprise agreement within the meaning of the Fair Work Act 2009 ".

9   At the end of section   290 - 80

Add:

  (3)   For the purposes of this section, a reference to a determination does not include a reference to a workplace determination made under the Fair Work Act 2009 or the Workplace Relations Act 1996 .

Income Tax (Transitional Provisions) Act 1997

10   Paragraph 82 - 10(1)(a)

Omit all the words from and including " Workplace " to and including "7A to", substitute " Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or an AWA within the meaning of".

Insurance Act 1973

11   Subsection 3(1) ( paragraph   ( e) of the definition of insurance business )

Omit all the words from and including "an organisation" to and including " 1996 ", substitute "registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 ".

Life Insurance Act 1995

12   Paragraph 11(3)(b)

Omit all the words and subparagraphs from and including "that is" to and including " 1996 " (second occurring), substitute "that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 ".

Superannuation Guarantee (Administration) Act 1992

13   Paragraph 5B(1)(a)

Omit all the words from and including "the Australian" to and including " 1996 ", substitute "Fair Work Australia".

Note:   The heading to section   5B is altered by omitting " Australian Industrial Relations Commission " and substituting " Fair Work Australia ".

14   Paragraph 5B(1)(aa)

Repeal the paragraph.

15   Paragraph 5B(1)(b)

Omit " Workplace Relations Act 1996 ", substitute " Fair Work Act 2009 , the Fair Work (Registered Organisations) Act 2009 , or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ".

16   Subsection 5B(2)

Omit " Workplace Relations Act 1996 ", substitute " Fair Work Act 2009 , the Fair Work (Registered Organisations) Act 2009 , or the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ".

17   Section   12A

Repeal the section, substitute:

12A   Interpretation: references to industrial instruments

  (1)   In this Act, the following expressions have the same meanings as in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 :

  (a)   AWA ;

  (b)   collective agreement ;

  (c)   ITEA ;

  (d)   notional agreement preserving State awards ;

  (e)   old IR agreement ;

  (f)   pre - reform AWA ;

  (g)   pre - reform certified agreement ;

  (h)   preserved State agreement .

Note:   For an instrument referred to in this subsection, see item   4 of Schedule   2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

  (2)   In this Act, enterprise agreement has the same meaning as in the Fair Work Act 2009 .

  (3)   In this Act, workplace determination means a workplace determination made under the Fair Work Act 2009 or the Workplace Relations Act 1996 .

18   At the end of subsection 32C(6)

Add:

  ; or (g)   a workplace determination; or

  (h)   an enterprise agreement.

Note:   The heading to subsection 32C(6) is altered by omitting " workplace agreements " and substituting " agreements and workplace determinations ".

19   Subsection 32C(6) (note)

Omit " Workplace Relations Act 1996 ", substitute " Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009 ".

20   Subsection 32C(6A) (note)

Omit " Workplace Relations Act 1996 ", substitute " Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009 ".

21   Subsection 32C(6B) (note)

Omit " Workplace Relations Act 1996", substitute " Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work Act 2009 ".

22   Subsection 32C(7)

Repeal the subsection.

Superannuation Industry (Supervision) Act 1993

23   Subsection 10(1) ( paragraph   ( c) of the definition of registered organisation )

Omit "under Schedule   1B to the Workplace Relations Act 1996 ", substitute ", or recognised, under the Fair Work (Registered Organisations) Act 2009 ".

Trade Practices Act 1974

24   Subsection 45DD(4)

Omit "an industrial instrument" (wherever occurring), substitute "a workplace instrument".

25   Subsection 45DD(4)

Omit " industrial instrument have the meanings given by subsection 779(1) of the Workplace Relations Act 1996 ", substitute " workplace instrument have the same meanings as in the Fair Work Act 2009 ".

26   Subsection 45DD(8) (note)

Omit "Section   170MT of the Workplace Relations Act 1996 ", substitute "Section   415 of the Fair Work Act 2009 ".

27   Subsection 87AA(2) (definition of industrial authority )

Repeal the definition, substitute:

"industrial authority" means:

  (a)   a board or court of conciliation or arbitration, or tribunal, body or persons, having authority under a law of a State to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State; or

  (b)   a special board constituted under a law of a State relating to factories; or

  (c)   any other State board, court, tribunal, body or official prescribed by the regulations for the purposes of this definition.

28   Subsection 93AB(11) (definition of trade union )

Repeal the definition, substitute:

"trade union" means the following:

  (a)   an association of employees that is registered as an organisation, or recognised, under the Fair Work (Registered Organisations) Act 2009 ;

  (b)   an association of employees that is registered or recognised as a trade union (however described) under the law of a State or Territory;

  (c)   an association of employees a principal purpose of which is the protection and promotion of the employees' interests in matters concerning their employment.

29   Subclause 45DD(4) of the Schedule

Omit "an industrial instrument" (wherever occurring), substitute "a workplace instrument".

30   Subclause 45DD(4) of the Schedule

Omit ", industrial dispute and industrial instrument have the meanings given by subsection 298B(1) of the Workplace Relations Act 1996 ", substitute "and workplace instrument have the same meanings as in the Fair Work Act 2009 ".

31   Subclause 45DD(6) of the Schedule (note)

Omit "Section   170MT of the Workplace Relations Act 1996 ", substitute "Section   415 of the Fair Work Act 2009 ".


Part   2 -- Application provision

32   Superannuation Guarantee (Administration) Act 1992

Despite the amendments of section   5B of the Superannuation Guarantee (Administration) Act 1992 made by this Schedule, that section continues to apply, on and after the WR Act repeal day, as if those amendments had not been made, in relation to:

  (a)   the Australian Industrial Relations Commission, as it continues in existence because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; and

  (b)   the Australian Fair Pay Commission, as it continues in existence because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ; and

  (c)   the Workplace Relations Act 1996 , as that Act continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .




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