Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 - SCHEDULE 4

Amendments made by the Fair Work Amendment Act 2013

Note:   See section   795A.

Part   1 -- Preliminary

 

1   Definition

    In this Schedule:

"amending Act" means the Fair Work Amendment Act 2013 .

Part   2 -- Family - friendly measures (Schedule   1)

 

2   Part   1 of Schedule   1 to the amending Act

    The amendments made by Part   1 of Schedule   1 to the amending Act apply in relation to a period of unpaid special maternity leave that starts after the commencement of that Part.

3   Part   2 of Schedule   1 to the amending Act

    The amendments made by Part   2 of Schedule   1 to the amending Act apply in relation to the taking of unpaid parental leave by members of an employee couple if the first taking of leave by either member of the employee couple occurs after the commencement of that Part.

4   Part   3 of Schedule   1 to the amending Act

    The amendments made by Part   3 of Schedule   1 to the amending Act apply in relation to a request that is made under subsection   65(1) after the commencement of that Part.

5   Part   4 of Schedule   1 to the amending Act

Application of amendments

  (1)   The amendment made by item   19 of Schedule   1 to the amending Act applies in relation to a modern award that is in operation on or after 1   January 2014, whether or not the award was made before that day.

  (2)   The amendments made by items   20 and 21 of Schedule   1 to the amending Act apply in relation to an enterprise agreement that is made after the commencement of Part   4 of that Schedule.

Transitional provision

  (3)   If:

  (a)   a modern award is made before 1   January 2014; and

  (b)   the modern award is in operation on that day; and

  (c)   immediately before that day, the modern award does not include a term (the relevant term ) of the kind mentioned in section   145A (as inserted by item   19 of Schedule   1 to the amending Act);

then the FWC must, by 31   December 2013, make a determination varying the modern award to include the relevant term.

  (4)   A determination made under subclause   (3) comes into operation on (and takes effect from) 1   January 2014.

  (5)   Section   168 applies to a determination made under subclause   (3) as if it were a determination made under Part   2 - 3.

6   Part   5 of Schedule   1 to the amending Act

    The amendments made by Part   5 of Schedule   1 to the amending Act apply in relation to evidence that is given under section   81 after the commencement of that Part.

Part   3 -- Modern awards objective (Schedule   2)

 

7   Schedule   2 to the amending Act

    The amendment made by Schedule   2 to the amending Act applies in relation to a modern award that is made or varied after the commencement of that Schedule.

Part   4 -- Anti - bullying measure (Schedule   3)

 

8   Schedule   3 to the amending Act

    The amendments made by Schedule   3 to the amending Act apply in relation to an application that is made under section   789FC (as inserted by item   6 of that Schedule) after the commencement of that Schedule.

Part   4A -- Conferences (Schedule   3A)

 

8A   Schedule   3A to the amending Act

    The amendments made by Schedule   3A to the amending Act apply in relation to a matter that arises before or after the commencement of that Schedule, whether or not a conference starts to be conducted in relation to the matter before or after that commencement.

Part   5 -- Right of entry (Schedule   4)

 

9   Schedule   4 to the amending Act

Application of amendment relating to sections   492 and 492A

  (1)   The amendment made by item   7 of Schedule   4 to the amending Act applies in relation to interviews conducted and discussions held after the commencement of that item.

Application of amendments relating to section   505A

  (2)   The amendments made by items   12 and 13 of Schedule   4 to the amending Act apply in relation to the frequency of entry after the commencement of those items.

Application of amendments relating to accommodation arrangements and transport arrangements

  (3)   The amendments made by items   14 and 15 of Schedule   4 to the amending Act do not apply in relation to arrangements entered into before the commencement of those items.

Part   6 -- Consent arbitration for general protections and unlawful termination (Schedule   4A)

 

10   Schedule   4A to the amending Act

  (1)   The amendments made by Part   1 of Schedule   4A to the amending Act apply in relation to dismissals that take effect after the commencement of that Schedule.

  (2)   The amendments made by Part   2 of Schedule   4A to the amending Act apply in relation to employment that is terminated after the commencement of that Schedule.

Part   7 -- The FWC (Schedule   5)

 

11   Item   4 of Schedule   5 to the amending Act

    The amendment made by item   4 of Schedule   5 to the amending Act applies in relation to an appointment made after the commencement of that Schedule.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback