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FAIR WORK (COMMONWEALTH POWERS) AND OTHER PROVISIONS ACT 2009 NO. 49
TABLE OF PROVISIONS
Contents
Part 1--Preliminary
1. Short title
2. Commencement
3. Definitions
Part 2--Reference of matters
4. Fundamental workplace relations principles
5. Reference of matters
6. Matters excluded from the reference
7. Termination of references
8. Effect of termination of amendment reference or transition reference before initial reference
9. Period for termination of references
10. Proclamations
11. Amendment of long title
12. Transitional provision
Part 3--Amendments of other legislation relating to the reference of matters
Division 1--Amendment of Acts Interpretation Act 1954
13. Act amended
14. Amendment of s 36 (Meaning of commonly used words and expressions)
Division 2--Amendment of Building and Construction Industry (Portable Long Service Leave) Act 1991
15. Act amended
16. Amendment of s 59 (Amount of long service leave payment)
17. Amendment of schedule (Dictionary)
Division 3--Amendment of Contract Cleaning Industry (Portable Long Service Leave) Act 2005
18. Act amended
19. Amendment of s 71 (Application for long service leave entitlement)
20. Amendment of s 73 (Amount of long service leave payment)
21. Amendment of s 75 (Payments to employers)
22. Amendment of s 151 (Relationship with other Acts, awards etc)
23. Amendment of sch 2 (Dictionary)
Division 4--Amendment of Electoral Act 1992
24. Act amended
25. Amendment of schedule (Election Funding and financial disclosure based on part XX of the Commonwealth Electoral Act)
Division 5--Amendment of Electricity Act 1994
26. Act amended
27. Amendment of s 131 (Effect of regulator taking over operation of relevant operations)
Division 6--Amendment of Health Services Act 1991
28. Act amended
29. Amendment of s 2 (Definitions)
Division 7--Amendment of Industrial Relations Act 1999
30. Act amended
31. Amendment of s 5 (Who is an employee)
32. Amendment of s 6 (Who is an employer)
33. Amendment of s 9 (Working time for an employee under an industrial instrument made on or before 1 September 2005 etc.)
34. Amendment of s 9A (Working time for an employee under an industrial instrument made after 1 September 2005 etc.)
35. Amendment of s 10 (Entitlement)
36. Amendment of s 11 (Entitlement)
37. Amendment of s 13 (Payment for annual leave)
38. Amendment of s 13A (Annual leave loading)
39. Amendment of s 14 (Payment for annual leave on termination of employment)
40. Amendment of s 14A (Jury service leave)
41. Amendment of s 15 (Public holidays)
42. Amendment of ch 2, pt 2, div 5, hdg (Past overrides less favourable conditions)
43. Amendment of s 41 (This part overrides less favourable conditions)
44. Insertion of new section 57A
45. Amendment of s 136 (Apprentice's and trainee's employment conditions)
46. Amendment of s 275 (Power to declare persons to be employees or employers)
47. Amendment of s 276 (Power to amend or void contracts)
48. Amendment of s 314 (Functions and powers vested in commission by other jurisdictions)
49. Amendment of s 315 (Arrangements with Commonwealth public service)
50. Amendment of s 408D (When fees are or are not payable to private employment agent)
51. Amendment of s 411 (Meaning of counterpart federal body for ch 12)
52. Amendment of s 580 (Exemption if federal election held)
53. Amendment of s 581 (Obligation to notify change in federal election result)
54. Amendment of s 582 (Exemption)
55. Amendment of s 584 (Obligation to file copy of federal officers register)
56. Amendment of s 585 (Obligation to give notice of change or contravention)
57. Amendment of s 586 (Who may apply)
58. Amendment of s 587 (Grant of exemption)
59. Amendment of s 588 (Obligation to file copies of federal audit documents)
60. Amendment of s 589 (Obligation to give notice of change or contravention)
61. Insertion of new chapter 16
62. Amendment of s 745 (Definitions for pt 7)
63. Insertion of new ch 20, pt 10
64. Amendment of sch 5 (Dictionary)
Division 8--Amendment of Industrial Relations Regulation 2000
65. Regulation amended
66. Renumbering of pt 14
67. Insertion of new pt 14
68. Insertion of new sch 7A
Division 9--Amendment of Magistrates Courts Act 1921
69. Act amended
70. Amendment of s 42B (Application of pt 5A)
Division 10--Amendment of Statutory Instruments Act 1992
71. Act amended
72. Amendment of sch 2A (Subordinate legislation to which part 7 does not apply)
Division 11--Amendment of Summary Offences Act 2005
73. Act amended
74. Amendment of sch 2 (Dictionary)
Division 12--Amendment of Workers' Compensation and Rehabilitation Act 2003
75. Act amended
76. Amendment of s 107A (Definitions for pt 1A)
77. Amendment of sch 6 (Dictionary)
Division 13--Amendment of Workplace Health and Safety Act 1995
78. Act amended
79. Amendment of s 90B (Definitions for part)
Part 4--Amendments relating to trustee companies
Division 1--Amendment of Trustee Companies Act 1968
80. Act amended
81. Amendment of s 4 (Definitions)
82. Amendment of s 4AA (Powers conferred on trustee companies are additional powers)
83. Omission of s 4A (Subsidiaries, holding companies and related corporations)
84. Omission of ss 36 and 36A
85. Relocation and renumbering of s 43 (When legatee to bear commission on legacy)
86. Omission of pt 4
87. Omission of ss 50-53
88. Omission of pt 6
89. Relocation and renumbering of s 62 (Appointment of attorney by trustee company)
90. Omission of pt 7
91. Replacement of pt 8, hdg (General)
92. Insertion of new s 68C
93. Omission of s 69 (Other companies may apply for similar powers)
94. Omission of s 73 (Provisions relating to ex trustee companies)
95. Renumbering of pts 1-8
96. Insertion of new pt 6
97. Omission of sch 2
Division 2--Repeal
98. Repeal of regulation
Division 3--Amendment of Foreign Ownership of Land Register Act 1988
99. Act amended
100. Amendment of s 10 (Trustee company common funds)
Division 4--Amendment of Guardianship and Administration Act 2000
101. Act amended
102. Amendment of s 48 (Remuneration of professional administrators)
103. Insertion of new ch 12, pt 10
Division 5--Amendment of Trusts Act 1973
104. Act amended
105. Amendment of s 5 (Definitions)
Part 5--Amendment of Adoption Act 2009
106. Act amended
107. Insertion of new s 331A
Part 6--Amendment of Trans-Tasman Mutual Recognition (Queensland) Act 2003
108. Act amended
109. Insertion of new s 15 and schedule
Part 7--Amendment of Mutual Recognition (Queensland) Act 1992
110. Act amended
111. Amendment of s 5 (Enactment of uniform mutual recognition legislation)
SCHEDULE 1 -- OTHER ENTITIES THAT ARE NOT PUBLIC SECTOR EMPLOYERS
SCHEDULE 2 -- TEXT TO BE INCLUDED IN THE PROVISIONS OF THE COMMONWEALTH FAIR WORK ACT
Division 2B--Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010
30K. Meaning of terms used in this Division
30L. Meaning of referring State
30M. Extended meaning of national system employee
30N. Extended meaning of national system employer
30P. Extended ordinary meanings of employee and employer
30Q. Extended meaning of outworker entity
30R. General protections
30S. Division only has effect if supported by reference
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