Commonwealth Consolidated Acts

FAIR WORK (STATE REFERRAL AND CONSEQUENTIAL AND OTHER AMENDMENTS) ACT 2009 - SCHEDULE 3

1   Section   12

Insert:

"connected with a Territory" : an arrangement for work to be performed for a person (either directly or indirectly) is connected with a Territory if one or more of the following apply:

  (a)   at the time the arrangement is made, one or more parties to the arrangement is in a Territory in Australia;

  (b)   the work is to be performed in such a Territory;

  (c)   the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is reasonably likely to be performed in that Territory;

  (d)   the person carries on an activity (whether of a commercial, governmental or other nature) in such a Territory, and the work is to be performed in connection with that activity.

Note:   In this context, Australia includes the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands (see paragraph 17(a) of the Acts Interpretation Act 1901 ).

2   Section   12 ( paragraph   ( e) of the definition of outworker entity )

Omit "who carries on an activity (whether of a commercial, governmental or other nature) in a Territory in Australia,".

3   Section   12 ( subparagraph   ( e)(iii) of the definition of outworker entity )

Repeal the subparagraph, substitute:

  (iii)   the arrangement is connected with a Territory.

4   Subparagraph 27(1)(d)(i)

Repeal the subparagraph, substitute:

  (i)   any law referred to in subsection   ( 1A); or