{"id":"qld:act-2009-049","name":"Fair Work (Commonwealth Powers) and Other Provisions Act 2009","slug":"fair-work-commonwealth-powers-and-other-provisions-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"49 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30028,"registerId":"qld-act-2009-049-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Fair Work (Commonwealth Powers) and Other Provisions Act 2009 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than parts 6 and 7 , commences on a day to be fixed by proclamation.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to a provision of this Act other than parts 4 and 5 .\n(sec.2-ssec.1) This Act, other than parts 6 and 7 , commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) The Acts Interpretation Act 1954 , section 15DA does not apply to a provision of this Act other than parts 4 and 5 .","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nIn this Act—\namendment reference means the reference under section 5 (1) (b) .\nCommonwealth Fair Work Act means the Fair Work Act 2009 (Cwlth) (as amended from time to time).\ndepartment see the Public Sector Act 2022 , section 10 .\ns 3 def department amd 2022 No. 34 s 365 sch 3\nemploying office means an entity designated as an employing office, and empowered to employ persons on behalf of the State, under an Act.\nexcluded subject matter means any of the following matters—\na matter dealt with in the Anti-Discrimination Act 1991 ;\nsuperannuation;\nworkers’ compensation;\noccupational health and safety;\nmatters relating to outworkers (within the ordinary meaning of the term);\nchild labour;\ntraining arrangements;\nlong service leave;\nleave for victims of crime;\nattendance for service on a jury, or for emergency service duties;\ndeclaration, prescription or substitution of public holidays;\nthe following matters relating to provision of essential services or to situations of emergency—\ndirections to perform work, including to perform work at a particular time or place, or in a particular way;\ndirections not to perform work, including not to perform work at a particular time or place, or in a particular way;\nregulation of any of the following—\nemployee associations;\nemployer associations;\nmembers of employee associations or of employer associations;\nworkplace surveillance;\nbusiness trading hours;\nclaims for enforcement of contracts of employment, except so far as a law of the State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;\nrights or remedies incidental to a matter referred to in a preceding paragraph of this definition;\nexcept to the extent that the Fair Work Act 2009 (Cwlth) , as originally enacted, deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under the Commonwealth Fair Work Act so to deal with the matter.\nexpress amendment of the Commonwealth Fair Work Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Fair Work Act .\nfundamental workplace relations principles see section 4 .\ninitial reference means the reference under section 5 (1) (a) .\ninitial referred provisions means the scheduled text, to the extent to which that text deals with matters that are included in the legislative powers of the Parliament of the State.\nlaw enforcement officer means—\na member of the Queensland Police Service as defined under the Police Service Administration Act 1990 , section 2.2 ; or\na special constable appointed under the Police Service Administration Act 1990 , section 5.16 .\nlocal government sector employee means an employee of a local government sector employer.\nlocal government sector employer means an employer that is—\na local government; or\nany entity established under the Local Government Act 1993 or the City of Brisbane Act 2010 ; or\na local government entity under the Local Government Act 2009 ; or\nthe Local Government Association of Queensland (Incorporated) established under the Local Government Act 1993 ; or\nany other entity controlled by a body or bodies mentioned in a preceding paragraph.\ns 3 def local government sector employer amd 2010 No. 23 s 352 sch 1\npublic sector employee means—\na person employed or appointed in or by a public sector employer; or\nthe chief executive of a public sector employer.\npublic sector employer means any of the following—\na Minister;\na public service entity under the Public Sector Act 2022 , section 9 ;\nan employing office;\na registry or other administrative office of a court or tribunal of the State of any jurisdiction;\nan agency, authority, commission, corporation, instrumentality, office, or other entity, not otherwise mentioned in a preceding paragraph, established under an Act or under State authorisation for a public or State purpose;\na chief executive of, or part of, an entity mentioned in a preceding paragraph;\nbut does not include the following—\na GOC;\nan entity mentioned in schedule 1 ;\na chief executive of an entity mentioned in paragraphs (g) and (h) .\ns 3 def public sector employer amd 2022 No. 34 s 365 sch 3\nreference means—\nthe initial reference; or\nthe amendment reference; or\nthe transition reference.\nreferred subject matters means any of the following—\nterms and conditions of employment, including any of the following—\nminimum terms and conditions of employment (including employment standards and minimum wages);\nterms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);\nbargaining in relation to terms and conditions of employment;\nthe effect of a transfer of business on terms and conditions of employment;\nterms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;\nrights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following—\nfreedom of association in the context of workplace relations, and related protections;\nprotection from discrimination relating to employment;\ntermination of employment;\nindustrial action;\nprotection from payment of fees for services related to bargaining;\nsham independent contractor arrangements;\nstanding down employees without pay;\nunion rights of entry and rights of access to records;\ncompliance with, and enforcement of, the Commonwealth Fair Work Act ;\nthe administration of the Commonwealth Fair Work Act ;\nthe application of the Commonwealth Fair Work Act ;\nmatters incidental or ancillary to the operation of the Commonwealth Fair Work Act or of instruments made or given effect under the Commonwealth Fair Work Act ;\nbut does not include any excluded subject matter.\nreferred transition matters means the matters of the making of laws with respect to the transition from the regime provided for by—\nthe Workplace Relations Act 1996 (Cwlth) (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) ; or\na law of this State relating to workplace relations or industrial relations;\nto the regime provided for by the Commonwealth Fair Work Act .\nscheduled text means the text set out in schedule 2 .\ntransition reference means the reference under section 5 (1) (c) .\nWords or phrases in the definition of excluded subject matter or the definition of referred subject matters that are defined in the Commonwealth Fair Work Act have, in that definition, the meanings set out in that Act as in force on 1 July 2009.\nFor the purposes of the Commonwealth Fair Work Act , the Commissioner of the Police Service is to be taken to be an employer of law enforcement officers of the State.\n(sec.3-ssec.1) In this Act— amendment reference means the reference under section 5 (1) (b) . Commonwealth Fair Work Act means the Fair Work Act 2009 (Cwlth) (as amended from time to time). department see the Public Sector Act 2022 , section 10 . s 3 def department amd 2022 No. 34 s 365 sch 3 employing office means an entity designated as an employing office, and empowered to employ persons on behalf of the State, under an Act. excluded subject matter means any of the following matters— a matter dealt with in the Anti-Discrimination Act 1991 ; superannuation; workers’ compensation; occupational health and safety; matters relating to outworkers (within the ordinary meaning of the term); child labour; training arrangements; long service leave; leave for victims of crime; attendance for service on a jury, or for emergency service duties; declaration, prescription or substitution of public holidays; the following matters relating to provision of essential services or to situations of emergency— directions to perform work, including to perform work at a particular time or place, or in a particular way; directions not to perform work, including not to perform work at a particular time or place, or in a particular way; regulation of any of the following— employee associations; employer associations; members of employee associations or of employer associations; workplace surveillance; business trading hours; claims for enforcement of contracts of employment, except so far as a law of the State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair; rights or remedies incidental to a matter referred to in a preceding paragraph of this definition; except to the extent that the Fair Work Act 2009 (Cwlth) , as originally enacted, deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under the Commonwealth Fair Work Act so to deal with the matter. express amendment of the Commonwealth Fair Work Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Fair Work Act . fundamental workplace relations principles see section 4 . initial reference means the reference under section 5 (1) (a) . initial referred provisions means the scheduled text, to the extent to which that text deals with matters that are included in the legislative powers of the Parliament of the State. law enforcement officer means— a member of the Queensland Police Service as defined under the Police Service Administration Act 1990 , section 2.2 ; or a special constable appointed under the Police Service Administration Act 1990 , section 5.16 . local government sector employee means an employee of a local government sector employer. local government sector employer means an employer that is— a local government; or any entity established under the Local Government Act 1993 or the City of Brisbane Act 2010 ; or a local government entity under the Local Government Act 2009 ; or the Local Government Association of Queensland (Incorporated) established under the Local Government Act 1993 ; or any other entity controlled by a body or bodies mentioned in a preceding paragraph. s 3 def local government sector employer amd 2010 No. 23 s 352 sch 1 public sector employee means— a person employed or appointed in or by a public sector employer; or the chief executive of a public sector employer. public sector employer means any of the following— a Minister; a public service entity under the Public Sector Act 2022 , section 9 ; an employing office; a registry or other administrative office of a court or tribunal of the State of any jurisdiction; an agency, authority, commission, corporation, instrumentality, office, or other entity, not otherwise mentioned in a preceding paragraph, established under an Act or under State authorisation for a public or State purpose; a chief executive of, or part of, an entity mentioned in a preceding paragraph; but does not include the following— a GOC; an entity mentioned in schedule 1 ; a chief executive of an entity mentioned in paragraphs (g) and (h) . s 3 def public sector employer amd 2022 No. 34 s 365 sch 3 reference means— the initial reference; or the amendment reference; or the transition reference. referred subject matters means any of the following— terms and conditions of employment, including any of the following— minimum terms and conditions of employment (including employment standards and minimum wages); terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements); bargaining in relation to terms and conditions of employment; the effect of a transfer of business on terms and conditions of employment; terms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers; rights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following— freedom of association in the context of workplace relations, and related protections; protection from discrimination relating to employment; termination of employment; industrial action; protection from payment of fees for services related to bargaining; sham independent contractor arrangements; standing down employees without pay; union rights of entry and rights of access to records; compliance with, and enforcement of, the Commonwealth Fair Work Act ; the administration of the Commonwealth Fair Work Act ; the application of the Commonwealth Fair Work Act ; matters incidental or ancillary to the operation of the Commonwealth Fair Work Act or of instruments made or given effect under the Commonwealth Fair Work Act ; but does not include any excluded subject matter. referred transition matters means the matters of the making of laws with respect to the transition from the regime provided for by— the Workplace Relations Act 1996 (Cwlth) (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) ; or a law of this State relating to workplace relations or industrial relations; to the regime provided for by the Commonwealth Fair Work Act . scheduled text means the text set out in schedule 2 . transition reference means the reference under section 5 (1) (c) .\n(sec.3-ssec.2) Words or phrases in the definition of excluded subject matter or the definition of referred subject matters that are defined in the Commonwealth Fair Work Act have, in that definition, the meanings set out in that Act as in force on 1 July 2009.\n(sec.3-ssec.3) For the purposes of the Commonwealth Fair Work Act , the Commissioner of the Police Service is to be taken to be an employer of law enforcement officers of the State.\n- (a) a matter dealt with in the Anti-Discrimination Act 1991 ;\n- (b) superannuation;\n- (c) workers’ compensation;\n- (d) occupational health and safety;\n- (e) matters relating to outworkers (within the ordinary meaning of the term);\n- (f) child labour;\n- (g) training arrangements;\n- (h) long service leave;\n- (i) leave for victims of crime;\n- (j) attendance for service on a jury, or for emergency service duties;\n- (k) declaration, prescription or substitution of public holidays;\n- (l) the following matters relating to provision of essential services or to situations of emergency— (i) directions to perform work, including to perform work at a particular time or place, or in a particular way; (ii) directions not to perform work, including not to perform work at a particular time or place, or in a particular way;\n- (i) directions to perform work, including to perform work at a particular time or place, or in a particular way;\n- (ii) directions not to perform work, including not to perform work at a particular time or place, or in a particular way;\n- (m) regulation of any of the following— (i) employee associations; (ii) employer associations; (iii) members of employee associations or of employer associations;\n- (i) employee associations;\n- (ii) employer associations;\n- (iii) members of employee associations or of employer associations;\n- (n) workplace surveillance;\n- (o) business trading hours;\n- (p) claims for enforcement of contracts of employment, except so far as a law of the State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;\n- (q) rights or remedies incidental to a matter referred to in a preceding paragraph of this definition;\n- (i) directions to perform work, including to perform work at a particular time or place, or in a particular way;\n- (ii) directions not to perform work, including not to perform work at a particular time or place, or in a particular way;\n- (i) employee associations;\n- (ii) employer associations;\n- (iii) members of employee associations or of employer associations;\n- (a) a member of the Queensland Police Service as defined under the Police Service Administration Act 1990 , section 2.2 ; or\n- (b) a special constable appointed under the Police Service Administration Act 1990 , section 5.16 .\n- (a) a local government; or\n- (b) any entity established under the Local Government Act 1993 or the City of Brisbane Act 2010 ; or\n- (c) a local government entity under the Local Government Act 2009 ; or\n- (d) the Local Government Association of Queensland (Incorporated) established under the Local Government Act 1993 ; or\n- (e) any other entity controlled by a body or bodies mentioned in a preceding paragraph.\n- (a) a person employed or appointed in or by a public sector employer; or\n- (b) the chief executive of a public sector employer.\n- (a) a Minister;\n- (b) a public service entity under the Public Sector Act 2022 , section 9 ;\n- (c) an employing office;\n- (d) a registry or other administrative office of a court or tribunal of the State of any jurisdiction;\n- (e) an agency, authority, commission, corporation, instrumentality, office, or other entity, not otherwise mentioned in a preceding paragraph, established under an Act or under State authorisation for a public or State purpose;\n- (f) a chief executive of, or part of, an entity mentioned in a preceding paragraph;\n- (g) a GOC;\n- (h) an entity mentioned in schedule 1 ;\n- (i) a chief executive of an entity mentioned in paragraphs (g) and (h) .\n- (a) the initial reference; or\n- (b) the amendment reference; or\n- (c) the transition reference.\n- (a) terms and conditions of employment, including any of the following— (i) minimum terms and conditions of employment (including employment standards and minimum wages); (ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements); (iii) bargaining in relation to terms and conditions of employment; (iv) the effect of a transfer of business on terms and conditions of employment;\n- (i) minimum terms and conditions of employment (including employment standards and minimum wages);\n- (ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);\n- (iii) bargaining in relation to terms and conditions of employment;\n- (iv) the effect of a transfer of business on terms and conditions of employment;\n- (b) terms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;\n- (c) rights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following— (i) freedom of association in the context of workplace relations, and related protections; (ii) protection from discrimination relating to employment; (iii) termination of employment; (iv) industrial action; (v) protection from payment of fees for services related to bargaining; (vi) sham independent contractor arrangements; (vii) standing down employees without pay; (viii) union rights of entry and rights of access to records;\n- (i) freedom of association in the context of workplace relations, and related protections;\n- (ii) protection from discrimination relating to employment;\n- (iii) termination of employment;\n- (iv) industrial action;\n- (v) protection from payment of fees for services related to bargaining;\n- (vi) sham independent contractor arrangements;\n- (vii) standing down employees without pay;\n- (viii) union rights of entry and rights of access to records;\n- (d) compliance with, and enforcement of, the Commonwealth Fair Work Act ;\n- (e) the administration of the Commonwealth Fair Work Act ;\n- (f) the application of the Commonwealth Fair Work Act ;\n- (g) matters incidental or ancillary to the operation of the Commonwealth Fair Work Act or of instruments made or given effect under the Commonwealth Fair Work Act ;\n- (i) minimum terms and conditions of employment (including employment standards and minimum wages);\n- (ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);\n- (iii) bargaining in relation to terms and conditions of employment;\n- (iv) the effect of a transfer of business on terms and conditions of employment;\n- (i) freedom of association in the context of workplace relations, and related protections;\n- (ii) protection from discrimination relating to employment;\n- (iii) termination of employment;\n- (iv) industrial action;\n- (v) protection from payment of fees for services related to bargaining;\n- (vi) sham independent contractor arrangements;\n- (vii) standing down employees without pay;\n- (viii) union rights of entry and rights of access to records;\n- (a) the Workplace Relations Act 1996 (Cwlth) (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth) ; or\n- (b) a law of this State relating to workplace relations or industrial relations;","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Reference of matters","content":"# Reference of matters","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Fundamental workplace relations principles","content":"### sec.4 Fundamental workplace relations principles\n\nThe following are the fundamental workplace relations principles under this Act—\nthat the Commonwealth Fair Work Act should provide for, and continue to provide for, the following—\na strong, simple and enforceable safety net of minimum employment standards;\ngenuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\ncollective bargaining at the enterprise level with no provision for individual statutory agreements;\nfair and effective remedies available through an independent umpire;\nprotection from unfair dismissal;\nthat there should be, and continue to be, in connection with the operation of the Commonwealth Fair Work Act , the following—\nan independent tribunal system;\nan independent authority able to assist employers and employees within a national workplace relations system.\n- (a) that the Commonwealth Fair Work Act should provide for, and continue to provide for, the following— (i) a strong, simple and enforceable safety net of minimum employment standards; (ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities; (iii) collective bargaining at the enterprise level with no provision for individual statutory agreements; (iv) fair and effective remedies available through an independent umpire; (v) protection from unfair dismissal;\n- (i) a strong, simple and enforceable safety net of minimum employment standards;\n- (ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\n- (iii) collective bargaining at the enterprise level with no provision for individual statutory agreements;\n- (iv) fair and effective remedies available through an independent umpire;\n- (v) protection from unfair dismissal;\n- (b) that there should be, and continue to be, in connection with the operation of the Commonwealth Fair Work Act , the following— (i) an independent tribunal system; (ii) an independent authority able to assist employers and employees within a national workplace relations system.\n- (i) an independent tribunal system;\n- (ii) an independent authority able to assist employers and employees within a national workplace relations system.\n- (i) a strong, simple and enforceable safety net of minimum employment standards;\n- (ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\n- (iii) collective bargaining at the enterprise level with no provision for individual statutory agreements;\n- (iv) fair and effective remedies available through an independent umpire;\n- (v) protection from unfair dismissal;\n- (i) an independent tribunal system;\n- (ii) an independent authority able to assist employers and employees within a national workplace relations system.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Reference of matters","content":"### sec.5 Reference of matters\n\nSubject to the other provisions of this Act, the following matters are referred to the Parliament of the Commonwealth—\nthe matters to which the initial referred provisions relate, but only to the extent of the making of laws with respect to those matters by including the initial referred provisions in the Commonwealth Fair Work Act , as originally enacted, and as subsequently amended by amendments enacted at any time before this Act commences, in the terms, or substantially in the terms, set out in the scheduled text;\nthe referred subject matters, but only to the extent of making laws with respect to any such matter by making express amendments of the Commonwealth Fair Work Act ;\nthe referred transition matters.\nThe reference of a matter under subsection (1) has effect only—\nif and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution); and\nif and to the extent that the matter is included in the legislative powers of the Parliament of the State.\nThe operation of each paragraph of subsection (1) is not affected by any other paragraph.\nTo remove doubt, it is declared that it is the intention of the Parliament of the State that the Commonwealth Fair Work Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act by provisions of Commonwealth Acts whose operation is based on legislative powers that the Parliament of the Commonwealth has apart from under the references under subsection (1) .\nDespite any other provision of this section, a reference under subsection (1) has effect for a period—\nbeginning when this section commences; and\nending at the end of the day fixed under section 7 as the day on which the reference is to terminate;\nbut no longer.\n(sec.5-ssec.1) Subject to the other provisions of this Act, the following matters are referred to the Parliament of the Commonwealth— the matters to which the initial referred provisions relate, but only to the extent of the making of laws with respect to those matters by including the initial referred provisions in the Commonwealth Fair Work Act , as originally enacted, and as subsequently amended by amendments enacted at any time before this Act commences, in the terms, or substantially in the terms, set out in the scheduled text; the referred subject matters, but only to the extent of making laws with respect to any such matter by making express amendments of the Commonwealth Fair Work Act ; the referred transition matters.\n(sec.5-ssec.2) The reference of a matter under subsection (1) has effect only— if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution); and if and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n(sec.5-ssec.3) The operation of each paragraph of subsection (1) is not affected by any other paragraph.\n(sec.5-ssec.4) To remove doubt, it is declared that it is the intention of the Parliament of the State that the Commonwealth Fair Work Act may be expressly amended, or have its operation otherwise affected, at any time after the commencement of this Act by provisions of Commonwealth Acts whose operation is based on legislative powers that the Parliament of the Commonwealth has apart from under the references under subsection (1) .\n(sec.5-ssec.5) Despite any other provision of this section, a reference under subsection (1) has effect for a period— beginning when this section commences; and ending at the end of the day fixed under section 7 as the day on which the reference is to terminate; but no longer.\n- (a) the matters to which the initial referred provisions relate, but only to the extent of the making of laws with respect to those matters by including the initial referred provisions in the Commonwealth Fair Work Act , as originally enacted, and as subsequently amended by amendments enacted at any time before this Act commences, in the terms, or substantially in the terms, set out in the scheduled text;\n- (b) the referred subject matters, but only to the extent of making laws with respect to any such matter by making express amendments of the Commonwealth Fair Work Act ;\n- (c) the referred transition matters.\n- (a) if and to the extent that the matter is not included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference for the purposes of section 51 (xxxvii) of the Commonwealth Constitution); and\n- (b) if and to the extent that the matter is included in the legislative powers of the Parliament of the State.\n- (a) beginning when this section commences; and\n- (b) ending at the end of the day fixed under section 7 as the day on which the reference is to terminate;","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Matters excluded from the reference","content":"### sec.6 Matters excluded from the reference\n\nA matter referred by section 5 does not include—\nmatters relating to Ministers or Members of Parliament; or\nmatters relating to the Governor, the Office of the Governor, the Governor’s official residence (known as ‘Government House’) and its associated administrative unit; or\nmatters relating to judicial officers, or members of tribunals established by or under a law of the State, or their associates; or\nmatters relating to public sector employees and employers; or\nmatters relating to persons appointed or engaged by the Governor, Governor in Council or a Minister under any other Act, law or authority; or\nmatters relating to officers or employees of the parliamentary service as defined under the Parliamentary Service Act 1988 , section 23 ; or\nmatters relating to law enforcement officers; or\nmatters relating to local government sector employees and employers.\n- (a) matters relating to Ministers or Members of Parliament; or\n- (b) matters relating to the Governor, the Office of the Governor, the Governor’s official residence (known as ‘Government House’) and its associated administrative unit; or\n- (c) matters relating to judicial officers, or members of tribunals established by or under a law of the State, or their associates; or\n- (d) matters relating to public sector employees and employers; or\n- (e) matters relating to persons appointed or engaged by the Governor, Governor in Council or a Minister under any other Act, law or authority; or\n- (f) matters relating to officers or employees of the parliamentary service as defined under the Parliamentary Service Act 1988 , section 23 ; or\n- (g) matters relating to law enforcement officers; or\n- (h) matters relating to local government sector employees and employers.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Termination of references","content":"### sec.7 Termination of references\n\nThe Governor may, at any time, by proclamation published in the gazette, fix a day as the day on which—\nthe references are to terminate; or\nthe amendment reference is to terminate; or\nthe transition reference is to terminate.\nThe Governor may, by proclamation published in the gazette, revoke a proclamation published under subsection (1) , in which case the revoked proclamation is taken (for the purposes of section 5 ) never to have been published.\nA revoking proclamation has effect only if published before the day fixed under subsection (1) .\nThe revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\nIf the amendment reference and the transition reference have been terminated, the expression the references in subsection (1) refers only to the initial reference.\n(sec.7-ssec.1) The Governor may, at any time, by proclamation published in the gazette, fix a day as the day on which— the references are to terminate; or the amendment reference is to terminate; or the transition reference is to terminate.\n(sec.7-ssec.2) The Governor may, by proclamation published in the gazette, revoke a proclamation published under subsection (1) , in which case the revoked proclamation is taken (for the purposes of section 5 ) never to have been published.\n(sec.7-ssec.3) A revoking proclamation has effect only if published before the day fixed under subsection (1) .\n(sec.7-ssec.4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n(sec.7-ssec.5) If the amendment reference and the transition reference have been terminated, the expression the references in subsection (1) refers only to the initial reference.\n- (a) the references are to terminate; or\n- (b) the amendment reference is to terminate; or\n- (c) the transition reference is to terminate.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Effect of termination of amendment reference or transition reference before initial reference","content":"### sec.8 Effect of termination of amendment reference or transition reference before initial reference\n\nIf the amendment reference or the transition reference terminates before the initial reference, the termination of the amendment reference or transition reference does not affect—\nlaws that were made under that reference before that termination (whether or not they have come into operation before that termination); or\nthe continued operation in the State of the Commonwealth Fair Work Act as in operation immediately before the termination or as subsequently amended or affected by—\nlaws referred to in paragraph (a) that come into operation after that termination; or\nprovisions referred to in section 5 (4) .\nAccordingly, the amendment reference or transition reference continues to have effect for the purposes of subsection (1) unless the initial reference is terminated.\n(sec.8-ssec.1) If the amendment reference or the transition reference terminates before the initial reference, the termination of the amendment reference or transition reference does not affect— laws that were made under that reference before that termination (whether or not they have come into operation before that termination); or the continued operation in the State of the Commonwealth Fair Work Act as in operation immediately before the termination or as subsequently amended or affected by— laws referred to in paragraph (a) that come into operation after that termination; or provisions referred to in section 5 (4) .\n(sec.8-ssec.2) Accordingly, the amendment reference or transition reference continues to have effect for the purposes of subsection (1) unless the initial reference is terminated.\n- (a) laws that were made under that reference before that termination (whether or not they have come into operation before that termination); or\n- (b) the continued operation in the State of the Commonwealth Fair Work Act as in operation immediately before the termination or as subsequently amended or affected by— (i) laws referred to in paragraph (a) that come into operation after that termination; or (ii) provisions referred to in section 5 (4) .\n- (i) laws referred to in paragraph (a) that come into operation after that termination; or\n- (ii) provisions referred to in section 5 (4) .\n- (i) laws referred to in paragraph (a) that come into operation after that termination; or\n- (ii) provisions referred to in section 5 (4) .","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Period for termination of references","content":"### sec.9 Period for termination of references\n\nSubject to subsection (2) , a day fixed by a proclamation under section 7 (1) must be no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published.\nIf—\na proclamation under section 7 (1) only provides for the termination of the amendment reference; and\nthe Governor, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, the Commonwealth Fair Work Act —\nis proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or\nhas been amended;\nin a manner that is inconsistent with 1 or more of the fundamental workplace relations principles;\nthe day fixed by the proclamation under section 7 (1) (b) may be earlier than the day that applies under subsection (1) but must be no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published.\nIf the Governor fixes a day under subsection (2) , the Minister must, as soon as practicable after the publication of the relevant proclamation, prepare a report on the matter and cause a copy of the report to be laid before the Legislative Assembly.\n(sec.9-ssec.1) Subject to subsection (2) , a day fixed by a proclamation under section 7 (1) must be no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published.\n(sec.9-ssec.2) If— a proclamation under section 7 (1) only provides for the termination of the amendment reference; and the Governor, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, the Commonwealth Fair Work Act — is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or has been amended; in a manner that is inconsistent with 1 or more of the fundamental workplace relations principles; the day fixed by the proclamation under section 7 (1) (b) may be earlier than the day that applies under subsection (1) but must be no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published.\n(sec.9-ssec.3) If the Governor fixes a day under subsection (2) , the Minister must, as soon as practicable after the publication of the relevant proclamation, prepare a report on the matter and cause a copy of the report to be laid before the Legislative Assembly.\n- (a) a proclamation under section 7 (1) only provides for the termination of the amendment reference; and\n- (b) the Governor, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, the Commonwealth Fair Work Act — (i) is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or (ii) has been amended; in a manner that is inconsistent with 1 or more of the fundamental workplace relations principles;\n- (i) is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or\n- (ii) has been amended;\n- (i) is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or\n- (ii) has been amended;","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Proclamations","content":"### sec.10 Proclamations\n\nA proclamation made under this Act is subordinate legislation.","sortOrder":11},{"sectionNumber":"sec.12","sectionType":"section","heading":"Transitional provision","content":"### sec.12 Transitional provision\n\nA reference in any Act or instrument to an industrial instrument as defined under the Industrial Relations Act 1999 includes, if the context permits and it is necessary to do so to take account of the reference of matters under this Act, a reference to a federal industrial instrument.","sortOrder":12},{"sectionNumber":"sch.2-pt","sectionType":"part","heading":"Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010","content":"# Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010","sortOrder":13},{"sectionNumber":"sch.2-pt-div.2B","sectionType":"division","heading":"Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010","content":"## Application of this Act in States that refer matters after 1 July 2009 but on or before 1 January 2010","sortOrder":14},{"sectionNumber":"sch.2-sec.30K","sectionType":"section","heading":"Meaning of terms used in this Division","content":"### sch.2-sec.30K Meaning of terms used in this Division\n\nIn this Division:\namendment reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by sub section 30L (4) .\nexcluded subject matter means any of the following matters:\na matter dealt with in a law referred to in sub section 27 (1A) of this Act;\nsuperannuation;\nworkers compensation;\noccupational health and safety;\nmatters relating to outworkers (within the ordinary meaning of the term);\nchild labour;\ntraining arrangements;\nlong service leave;\nleave for victims of crime;\nattendance for service on a jury, or for emergency service duties;\ndeclaration, prescription or substitution of public holidays;\nthe following matters relating to provision of essential services or to situations of emergency:\ndirections to perform work (including to perform work at a particular time or place, or in a particular way);\ndirections not to perform work (including not to perform work at a particular time or place, or in a particular way);\nregulation of any of the following:\nemployee associations;\nemployer associations;\nmembers of employee associations or of employer associations;\nworkplace surveillance;\nbusiness trading hours;\nclaims for enforcement of contracts of employment, except so far as a law of a State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;\nrights or remedies incidental to a matter referred to in a preceding paragraph of this definition;\nexcept to the extent that this Act as originally enacted deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under this Act so to deal with the matter.\nexpress amendment means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter), but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.\nfundamental workplace relations principles : see sub section 30L (9) .\ninitial reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by sub section 30L (3) .\nlaw enforcement officer means:\na member of a police force or police service; or\na person appointed to a position for the purpose of being trained as a member of a police force or police service; or\na person who has the powers and duties of a member of a police force or police service;\nand, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.\nlocal government employee , of a State, means:\nan employee of a local government employer of the State; or\nany other employee in the State of a kind specified in the regulations.\nlocal government employer , of a State, means an employer that is:\na body corporate that is established for a local government purpose by or under a law of a State; or\na body corporate in which a body to which paragraph (a) applies has, or 2 or more such bodies together have, a controlling interest; or\na person who employs individuals for the purposes of an unincorporated body that is established for a local government purpose by or under a law of a State; or\nany other body corporate that is a local government body in the State of a kind specified in the regulations; or\nany other person who employs individuals for the purposes of an unincorporated body that is a local government body in the State of a kind specified in the regulations.\nreferral law , of a State, means the law of the State that refers matters, as mentioned in sub section 30L (1) , to the Parliament of the Commonwealth.\nreferred provisions means the provisions of this Division to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.\nreferred subject matters means any of the following:\nterms and conditions of employment, including any of the following:\nminimum terms and conditions of employment, (including employment standards and minimum wages);\nterms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);\nbargaining in relation to terms and conditions of employment;\nthe effect of a transfer of business on terms and conditions of employment;\nterms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;\nrights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following:\nfreedom of association in the context of workplace relations, and related protections;\nprotection from discrimination relating to employment;\ntermination of employment;\nindustrial action;\nprotection from payment of fees for services related to bargaining;\nsham independent contractor arrangements;\nstanding down employees without pay;\nunion rights of entry and rights of access to records;\ncompliance with, and enforcement of, this Act;\nthe administration of this Act;\nthe application of this Act;\nmatters incidental or ancillary to the operation of this Act or of instruments made or given effect under this Act;\nbut does not include any excluded subject matter.\nreferring State : see section 30L .\nState public sector employee , of a State, means:\nan employee of a State public sector employer of the State; or\nany other employee in the State of a kind specified in the regulations;\nand includes a law enforcement officer of the State.\nState public sector employer , of a State, means an employer that is:\nthe State, the Governor of the State or a Minister of the State; or\na body corporate that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or\na body corporate in which the State has a controlling interest; or\na person who employs individuals for the purposes of an unincorporated body that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or\nany other employer in the State of a kind specified in the regulations;\nand includes a holder of an office of the State whom the State’s referral law provides is to be taken, for the purposes of this Act, to be an employer of law enforcement officers of the State.\ntransition reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by sub section 30L (5) .\nWords or phrases in the definition of excluded subject matter in subsection (1) , or in the definition of referred subject matters in subsection (1) , that are defined in this Act (other than in this Division) have, in that definition, the meanings set out in this Act as in force on 1 July 2009.\n(sch.2-sec.30K-ssec.1) In this Division: amendment reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by sub section 30L (4) . excluded subject matter means any of the following matters: a matter dealt with in a law referred to in sub section 27 (1A) of this Act; superannuation; workers compensation; occupational health and safety; matters relating to outworkers (within the ordinary meaning of the term); child labour; training arrangements; long service leave; leave for victims of crime; attendance for service on a jury, or for emergency service duties; declaration, prescription or substitution of public holidays; the following matters relating to provision of essential services or to situations of emergency: directions to perform work (including to perform work at a particular time or place, or in a particular way); directions not to perform work (including not to perform work at a particular time or place, or in a particular way); regulation of any of the following: employee associations; employer associations; members of employee associations or of employer associations; workplace surveillance; business trading hours; claims for enforcement of contracts of employment, except so far as a law of a State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair; rights or remedies incidental to a matter referred to in a preceding paragraph of this definition; except to the extent that this Act as originally enacted deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under this Act so to deal with the matter. express amendment means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter), but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act. fundamental workplace relations principles : see sub section 30L (9) . initial reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by sub section 30L (3) . law enforcement officer means: a member of a police force or police service; or a person appointed to a position for the purpose of being trained as a member of a police force or police service; or a person who has the powers and duties of a member of a police force or police service; and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer. local government employee , of a State, means: an employee of a local government employer of the State; or any other employee in the State of a kind specified in the regulations. local government employer , of a State, means an employer that is: a body corporate that is established for a local government purpose by or under a law of a State; or a body corporate in which a body to which paragraph (a) applies has, or 2 or more such bodies together have, a controlling interest; or a person who employs individuals for the purposes of an unincorporated body that is established for a local government purpose by or under a law of a State; or any other body corporate that is a local government body in the State of a kind specified in the regulations; or any other person who employs individuals for the purposes of an unincorporated body that is a local government body in the State of a kind specified in the regulations. referral law , of a State, means the law of the State that refers matters, as mentioned in sub section 30L (1) , to the Parliament of the Commonwealth. referred provisions means the provisions of this Division to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States. referred subject matters means any of the following: terms and conditions of employment, including any of the following: minimum terms and conditions of employment, (including employment standards and minimum wages); terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements); bargaining in relation to terms and conditions of employment; the effect of a transfer of business on terms and conditions of employment; terms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers; rights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following: freedom of association in the context of workplace relations, and related protections; protection from discrimination relating to employment; termination of employment; industrial action; protection from payment of fees for services related to bargaining; sham independent contractor arrangements; standing down employees without pay; union rights of entry and rights of access to records; compliance with, and enforcement of, this Act; the administration of this Act; the application of this Act; matters incidental or ancillary to the operation of this Act or of instruments made or given effect under this Act; but does not include any excluded subject matter. referring State : see section 30L . State public sector employee , of a State, means: an employee of a State public sector employer of the State; or any other employee in the State of a kind specified in the regulations; and includes a law enforcement officer of the State. State public sector employer , of a State, means an employer that is: the State, the Governor of the State or a Minister of the State; or a body corporate that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or a body corporate in which the State has a controlling interest; or a person who employs individuals for the purposes of an unincorporated body that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or any other employer in the State of a kind specified in the regulations; and includes a holder of an office of the State whom the State’s referral law provides is to be taken, for the purposes of this Act, to be an employer of law enforcement officers of the State. transition reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by sub section 30L (5) .\n(sch.2-sec.30K-ssec.2) Words or phrases in the definition of excluded subject matter in subsection (1) , or in the definition of referred subject matters in subsection (1) , that are defined in this Act (other than in this Division) have, in that definition, the meanings set out in this Act as in force on 1 July 2009.\n- (a) a matter dealt with in a law referred to in sub section 27 (1A) of this Act;\n- (b) superannuation;\n- (c) workers compensation;\n- (d) occupational health and safety;\n- (e) matters relating to outworkers (within the ordinary meaning of the term);\n- (f) child labour;\n- (g) training arrangements;\n- (h) long service leave;\n- (i) leave for victims of crime;\n- (j) attendance for service on a jury, or for emergency service duties;\n- (k) declaration, prescription or substitution of public holidays;\n- (l) the following matters relating to provision of essential services or to situations of emergency: (i) directions to perform work (including to perform work at a particular time or place, or in a particular way); (ii) directions not to perform work (including not to perform work at a particular time or place, or in a particular way);\n- (i) directions to perform work (including to perform work at a particular time or place, or in a particular way);\n- (ii) directions not to perform work (including not to perform work at a particular time or place, or in a particular way);\n- (m) regulation of any of the following: (i) employee associations; (ii) employer associations; (iii) members of employee associations or of employer associations;\n- (i) employee associations;\n- (ii) employer associations;\n- (iii) members of employee associations or of employer associations;\n- (n) workplace surveillance;\n- (o) business trading hours;\n- (p) claims for enforcement of contracts of employment, except so far as a law of a State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;\n- (q) rights or remedies incidental to a matter referred to in a preceding paragraph of this definition;\n- (i) directions to perform work (including to perform work at a particular time or place, or in a particular way);\n- (ii) directions not to perform work (including not to perform work at a particular time or place, or in a particular way);\n- (i) employee associations;\n- (ii) employer associations;\n- (iii) members of employee associations or of employer associations;\n- (a) a member of a police force or police service; or\n- (b) a person appointed to a position for the purpose of being trained as a member of a police force or police service; or\n- (c) a person who has the powers and duties of a member of a police force or police service;\n- (a) an employee of a local government employer of the State; or\n- (b) any other employee in the State of a kind specified in the regulations.\n- (a) a body corporate that is established for a local government purpose by or under a law of a State; or\n- (b) a body corporate in which a body to which paragraph (a) applies has, or 2 or more such bodies together have, a controlling interest; or\n- (c) a person who employs individuals for the purposes of an unincorporated body that is established for a local government purpose by or under a law of a State; or\n- (d) any other body corporate that is a local government body in the State of a kind specified in the regulations; or\n- (e) any other person who employs individuals for the purposes of an unincorporated body that is a local government body in the State of a kind specified in the regulations.\n- (a) terms and conditions of employment, including any of the following: (i) minimum terms and conditions of employment, (including employment standards and minimum wages); (ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements); (iii) bargaining in relation to terms and conditions of employment; (iv) the effect of a transfer of business on terms and conditions of employment;\n- (i) minimum terms and conditions of employment, (including employment standards and minimum wages);\n- (ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);\n- (iii) bargaining in relation to terms and conditions of employment;\n- (iv) the effect of a transfer of business on terms and conditions of employment;\n- (b) terms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;\n- (c) rights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following: (i) freedom of association in the context of workplace relations, and related protections; (ii) protection from discrimination relating to employment; (iii) termination of employment; (iv) industrial action; (v) protection from payment of fees for services related to bargaining; (vi) sham independent contractor arrangements; (vii) standing down employees without pay; (viii) union rights of entry and rights of access to records;\n- (i) freedom of association in the context of workplace relations, and related protections;\n- (ii) protection from discrimination relating to employment;\n- (iii) termination of employment;\n- (iv) industrial action;\n- (v) protection from payment of fees for services related to bargaining;\n- (vi) sham independent contractor arrangements;\n- (vii) standing down employees without pay;\n- (viii) union rights of entry and rights of access to records;\n- (d) compliance with, and enforcement of, this Act;\n- (e) the administration of this Act;\n- (f) the application of this Act;\n- (g) matters incidental or ancillary to the operation of this Act or of instruments made or given effect under this Act;\n- (i) minimum terms and conditions of employment, (including employment standards and minimum wages);\n- (ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);\n- (iii) bargaining in relation to terms and conditions of employment;\n- (iv) the effect of a transfer of business on terms and conditions of employment;\n- (i) freedom of association in the context of workplace relations, and related protections;\n- (ii) protection from discrimination relating to employment;\n- (iii) termination of employment;\n- (iv) industrial action;\n- (v) protection from payment of fees for services related to bargaining;\n- (vi) sham independent contractor arrangements;\n- (vii) standing down employees without pay;\n- (viii) union rights of entry and rights of access to records;\n- (a) an employee of a State public sector employer of the State; or\n- (b) any other employee in the State of a kind specified in the regulations;\n- (a) the State, the Governor of the State or a Minister of the State; or\n- (b) a body corporate that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or\n- (c) a body corporate in which the State has a controlling interest; or\n- (d) a person who employs individuals for the purposes of an unincorporated body that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or\n- (e) any other employer in the State of a kind specified in the regulations;","sortOrder":15},{"sectionNumber":"sch.2-sec.30L","sectionType":"section","heading":"Meaning of referring State","content":"### sch.2-sec.30L Meaning of referring State\n\nReference of matters by State Parliament to Commonwealth Parliament\nA State is a referring State if the Parliament of the State has, after 1 July 2009 but on or before 1 January 2010, referred the matters covered by subsections (3) , (4) and (5) in relation to the State to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:\nif and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and\nif and to the extent that the matters are included in the legislative powers of the Parliament of the State.\nThis subsection has effect subject to subsection (6) .\nA State is a referring State even if:\nthe State’s referral law provides that the reference to the Parliament of the Commonwealth of any or all of the matters covered by subsections (3) , (4) and (5) is to terminate in particular circumstances; or\nthe State’s referral law provides that particular matters, or all matters, relating to State public sector employees, or State public sector employers, of the State are not included in any or all of the matters covered by subsections (3) , (4) and (5) ; or\nthe State’s referral law provides that particular matters, or all matters, relating to local government employees, or local government employers, of the State are not included in any or all of the matters covered by subsections (3) , (4) and (5) .\nReference covering referred provisions\nThis subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by amending this Act, as originally enacted, and as subsequently amended by amendments enacted at any time before the State’s referral law commenced, to include the referred provisions.\nReference covering amendments\nThis subsection covers the referred subject matters to the extent of making laws with respect to those matters by making express amendments of this Act.\nReference covering transitional matters\nThis subsection covers making laws with respect to the transition from the regime provided for by:\nthe Workplace Relations Act 1996 (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009) ; or\na law of a State relating to workplace relations or industrial relations;\nto the regime provided for by this Act.\nEffect of termination of reference\nDespite anything to the contrary in a referral law of a State, a State ceases to be a referring State if any or all of the following occurs:\nthe State’s initial reference terminates;\nthe State’s amendment reference terminates, and neither of subsections (7) and (8) apply to the termination;\nthe State’s transition reference terminates.\nA State does not cease to be a referring State because of the termination of its amendment reference if:\nthe termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and\nthe day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and\nthat State’s amendment reference, and the amendment reference of every other referring State (other than a referring State that has terminated its amendment reference in the circumstances referred to in subsection (8) ), terminate on the same day.\nA State does not cease to be a referring State because of the termination of its amendment reference if:\nthe termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and\nthe day fixed is no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published; and\nthe Governor of that State, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, this Act:\nis proposed to be amended (by an amendment introduced into the Parliament by a Minister); or\nhas been amended;\nin a manner that is inconsistent with one or more of the fundamental workplace relations principles.\nThe following are the fundamental workplace relations principles :\nthat this Act should provide for, and continue to provide for, the following:\na strong, simple and enforceable safety net of minimum employment standards;\ngenuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\ncollective bargaining at the enterprise level with no provision for individual statutory agreements;\nfair and effective remedies available through an independent umpire;\nprotection from unfair dismissal;\nthat there should be, and continue to be, in connection with the operation of this Act, the following:\nan independent tribunal system;\nan independent authority able to assist employers and employees within a national workplace relations system.\n(sch.2-sec.30L-ssec) Reference of matters by State Parliament to Commonwealth Parliament\n(sch.2-sec.30L-ssec.1) A State is a referring State if the Parliament of the State has, after 1 July 2009 but on or before 1 January 2010, referred the matters covered by subsections (3) , (4) and (5) in relation to the State to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution: if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and if and to the extent that the matters are included in the legislative powers of the Parliament of the State. This subsection has effect subject to subsection (6) .\n(sch.2-sec.30L-ssec.2) A State is a referring State even if: the State’s referral law provides that the reference to the Parliament of the Commonwealth of any or all of the matters covered by subsections (3) , (4) and (5) is to terminate in particular circumstances; or the State’s referral law provides that particular matters, or all matters, relating to State public sector employees, or State public sector employers, of the State are not included in any or all of the matters covered by subsections (3) , (4) and (5) ; or the State’s referral law provides that particular matters, or all matters, relating to local government employees, or local government employers, of the State are not included in any or all of the matters covered by subsections (3) , (4) and (5) . Reference covering referred provisions\n(sch.2-sec.30L-ssec.3) This subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by amending this Act, as originally enacted, and as subsequently amended by amendments enacted at any time before the State’s referral law commenced, to include the referred provisions. Reference covering amendments\n(sch.2-sec.30L-ssec.4) This subsection covers the referred subject matters to the extent of making laws with respect to those matters by making express amendments of this Act. Reference covering transitional matters\n(sch.2-sec.30L-ssec.5) This subsection covers making laws with respect to the transition from the regime provided for by: the Workplace Relations Act 1996 (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009) ; or a law of a State relating to workplace relations or industrial relations; to the regime provided for by this Act. Effect of termination of reference\n(sch.2-sec.30L-ssec.6) Despite anything to the contrary in a referral law of a State, a State ceases to be a referring State if any or all of the following occurs: the State’s initial reference terminates; the State’s amendment reference terminates, and neither of subsections (7) and (8) apply to the termination; the State’s transition reference terminates.\n(sch.2-sec.30L-ssec.7) A State does not cease to be a referring State because of the termination of its amendment reference if: the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and that State’s amendment reference, and the amendment reference of every other referring State (other than a referring State that has terminated its amendment reference in the circumstances referred to in subsection (8) ), terminate on the same day.\n(sch.2-sec.30L-ssec.8) A State does not cease to be a referring State because of the termination of its amendment reference if: the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and the day fixed is no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published; and the Governor of that State, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, this Act: is proposed to be amended (by an amendment introduced into the Parliament by a Minister); or has been amended; in a manner that is inconsistent with one or more of the fundamental workplace relations principles.\n(sch.2-sec.30L-ssec.9) The following are the fundamental workplace relations principles : that this Act should provide for, and continue to provide for, the following: a strong, simple and enforceable safety net of minimum employment standards; genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities; collective bargaining at the enterprise level with no provision for individual statutory agreements; fair and effective remedies available through an independent umpire; protection from unfair dismissal; that there should be, and continue to be, in connection with the operation of this Act, the following: an independent tribunal system; an independent authority able to assist employers and employees within a national workplace relations system.\n- (a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and\n- (b) if and to the extent that the matters are included in the legislative powers of the Parliament of the State.\n- (a) the State’s referral law provides that the reference to the Parliament of the Commonwealth of any or all of the matters covered by subsections (3) , (4) and (5) is to terminate in particular circumstances; or\n- (b) the State’s referral law provides that particular matters, or all matters, relating to State public sector employees, or State public sector employers, of the State are not included in any or all of the matters covered by subsections (3) , (4) and (5) ; or\n- (c) the State’s referral law provides that particular matters, or all matters, relating to local government employees, or local government employers, of the State are not included in any or all of the matters covered by subsections (3) , (4) and (5) .\n- (a) the Workplace Relations Act 1996 (as it continues to apply because of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009) ; or\n- (b) a law of a State relating to workplace relations or industrial relations;\n- (a) the State’s initial reference terminates;\n- (b) the State’s amendment reference terminates, and neither of subsections (7) and (8) apply to the termination;\n- (c) the State’s transition reference terminates.\n- (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and\n- (b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and\n- (c) that State’s amendment reference, and the amendment reference of every other referring State (other than a referring State that has terminated its amendment reference in the circumstances referred to in subsection (8) ), terminate on the same day.\n- (a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and\n- (b) the day fixed is no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published; and\n- (c) the Governor of that State, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, this Act: (i) is proposed to be amended (by an amendment introduced into the Parliament by a Minister); or (ii) has been amended; in a manner that is inconsistent with one or more of the fundamental workplace relations principles.\n- (i) is proposed to be amended (by an amendment introduced into the Parliament by a Minister); or\n- (ii) has been amended;\n- (i) is proposed to be amended (by an amendment introduced into the Parliament by a Minister); or\n- (ii) has been amended;\n- (a) that this Act should provide for, and continue to provide for, the following: (i) a strong, simple and enforceable safety net of minimum employment standards; (ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities; (iii) collective bargaining at the enterprise level with no provision for individual statutory agreements; (iv) fair and effective remedies available through an independent umpire; (v) protection from unfair dismissal;\n- (i) a strong, simple and enforceable safety net of minimum employment standards;\n- (ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\n- (iii) collective bargaining at the enterprise level with no provision for individual statutory agreements;\n- (iv) fair and effective remedies available through an independent umpire;\n- (v) protection from unfair dismissal;\n- (b) that there should be, and continue to be, in connection with the operation of this Act, the following: (i) an independent tribunal system; (ii) an independent authority able to assist employers and employees within a national workplace relations system.\n- (i) an independent tribunal system;\n- (ii) an independent authority able to assist employers and employees within a national workplace relations system.\n- (i) a strong, simple and enforceable safety net of minimum employment standards;\n- (ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;\n- (iii) collective bargaining at the enterprise level with no provision for individual statutory agreements;\n- (iv) fair and effective remedies available through an independent umpire;\n- (v) protection from unfair dismissal;\n- (i) an independent tribunal system;\n- (ii) an independent authority able to assist employers and employees within a national workplace relations system.","sortOrder":16},{"sectionNumber":"sch.2-sec.30M","sectionType":"section","heading":"Extended meaning of national system employee","content":"### sch.2-sec.30M Extended meaning of national system employee\n\nA national system employee includes:\nany individual in a State that is a referring State because of this Division so far as he or she is employed, or usually employed, as described in paragraph 30N(1)(a), except on a vocational placement; and\na law enforcement officer of the State to whom sub section 30P (1) applies.\nThis section does not limit the operation of section 13 (which defines a national system employee).\nNote: Section 30S may limit the extent to which this section extends the meaning of national system employee .\n(sch.2-sec.30M-ssec.1) A national system employee includes: any individual in a State that is a referring State because of this Division so far as he or she is employed, or usually employed, as described in paragraph 30N(1)(a), except on a vocational placement; and a law enforcement officer of the State to whom sub section 30P (1) applies.\n(sch.2-sec.30M-ssec.2) This section does not limit the operation of section 13 (which defines a national system employee). Note: Section 30S may limit the extent to which this section extends the meaning of national system employee .\n- (a) any individual in a State that is a referring State because of this Division so far as he or she is employed, or usually employed, as described in paragraph 30N(1)(a), except on a vocational placement; and\n- (b) a law enforcement officer of the State to whom sub section 30P (1) applies.","sortOrder":17},{"sectionNumber":"sch.2-sec.30N","sectionType":"section","heading":"Extended meaning of national system employer","content":"### sch.2-sec.30N Extended meaning of national system employer\n\nA national system employer includes:\nany person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual; and\na holder of an office to whom sub section 30P (2) applies.\nThis section does not limit the operation of section 14 (which defines a national system employer).\nNote: Section 30S may limit the extent to which this section extends the meaning of national system employer .\n(sch.2-sec.30N-ssec.1) A national system employer includes: any person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual; and a holder of an office to whom sub section 30P (2) applies.\n(sch.2-sec.30N-ssec.2) This section does not limit the operation of section 14 (which defines a national system employer). Note: Section 30S may limit the extent to which this section extends the meaning of national system employer .\n- (a) any person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual; and\n- (b) a holder of an office to whom sub section 30P (2) applies.","sortOrder":18},{"sectionNumber":"sch.2-sec.30P","sectionType":"section","heading":"Extended ordinary meanings of employee and employer","content":"### sch.2-sec.30P Extended ordinary meanings of employee and employer\n\nA reference in this Act to an employee with its ordinary meaning includes a reference to a law enforcement officer of a referring State if the State’s referral law so provides for the purposes of that law.\nA reference in this Act to an employer with its ordinary meaning includes a reference to a holder of an office of a State if the State’s referral law provides, for the purposes of that law, that the holder of the office is taken to be the employer of a law enforcement officer of the State.\nThis section does not limit the operation of section 15 (which deals with references to employee and employer with their ordinary meanings).\nNote: Section 30S may limit the extent to which this section extends the meanings of employee and employer .\n(sch.2-sec.30P-ssec.1) A reference in this Act to an employee with its ordinary meaning includes a reference to a law enforcement officer of a referring State if the State’s referral law so provides for the purposes of that law.\n(sch.2-sec.30P-ssec.2) A reference in this Act to an employer with its ordinary meaning includes a reference to a holder of an office of a State if the State’s referral law provides, for the purposes of that law, that the holder of the office is taken to be the employer of a law enforcement officer of the State.\n(sch.2-sec.30P-ssec.3) This section does not limit the operation of section 15 (which deals with references to employee and employer with their ordinary meanings). Note: Section 30S may limit the extent to which this section extends the meanings of employee and employer .","sortOrder":19},{"sectionNumber":"sch.2-sec.30Q","sectionType":"section","heading":"Extended meaning of outworker entity","content":"### sch.2-sec.30Q Extended meaning of outworker entity\n\nAn outworker entity includes a person, other than in the person’s capacity as a national system employer, so far as:\nthe person arranges for work to be performed for the person (either directly or indirectly); and\nthe work is of a kind that is often performed by outworkers; and\none or more of the following applies:\nat the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division;\nthe work is to be performed in a State that is a referring State because of this Division;\nthe person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to be performed in that State;\nthe person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.\nThis section does not limit the operation of the definition of outworker entity in section 12 .\nNote: Section 30S may limit the extent to which this section extends the meaning of outworker entity .\n(sch.2-sec.30Q-ssec.1) An outworker entity includes a person, other than in the person’s capacity as a national system employer, so far as: the person arranges for work to be performed for the person (either directly or indirectly); and the work is of a kind that is often performed by outworkers; and one or more of the following applies: at the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division; the work is to be performed in a State that is a referring State because of this Division; the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to be performed in that State; the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.\n(sch.2-sec.30Q-ssec.2) This section does not limit the operation of the definition of outworker entity in section 12 .\n- (a) the person arranges for work to be performed for the person (either directly or indirectly); and\n- (b) the work is of a kind that is often performed by outworkers; and\n- (c) one or more of the following applies: (i) at the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division; (ii) the work is to be performed in a State that is a referring State because of this Division; (iii) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to be performed in that State; (iv) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.\n- (i) at the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division;\n- (ii) the work is to be performed in a State that is a referring State because of this Division;\n- (iii) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to be performed in that State;\n- (iv) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.\n- (i) at the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division;\n- (ii) the work is to be performed in a State that is a referring State because of this Division;\n- (iii) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to be performed in that State;\n- (iv) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is to be performed in connection with that activity.","sortOrder":20},{"sectionNumber":"sch.2-sec.30R","sectionType":"section","heading":"General protections","content":"### sch.2-sec.30R General protections\n\nPart 3 -1 (which deals with general protections) applies to action taken in a State that is a referring State because of this Division.\nThis section applies despite section 337 (which limits the application of Part 3 -1), and does not limit the operation of sections 338 and 339 (which set out the application of that Part).\nNote: Section 30S may limit the extent to which this section extends the application of Part 3 -1\n(sch.2-sec.30R-ssec.1) Part 3 -1 (which deals with general protections) applies to action taken in a State that is a referring State because of this Division.\n(sch.2-sec.30R-ssec.2) This section applies despite section 337 (which limits the application of Part 3 -1), and does not limit the operation of sections 338 and 339 (which set out the application of that Part). Note: Section 30S may limit the extent to which this section extends the application of Part 3 -1","sortOrder":21},{"sectionNumber":"sch.2-sec.30S","sectionType":"section","heading":"Division only has effect if supported by reference","content":"### sch.2-sec.30S Division only has effect if supported by reference\n\nA provision of this Division has effect in relation to a State that is a referring State because of this Division only to the extent that the State’s referral law refers to the Parliament of the Commonwealth the matters mentioned in sub section 30L (1) that result in the Parliament of the Commonwealth having sufficient legislative power for the provision so to have effect.","sortOrder":22}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act does not broaden or narrow the subject‑matter beyond what is referred: it transfers power to the Commonwealth to make laws on listed workplace matters only to the extent the State may refer them, while explicitly excluding certain topics and providing termination and transitional safeguards (see secs 5–9, sec 6, sch.2)."},"complexity_factors":["Multiple cross‑jurisdictional references: interplay between State referral and the Commonwealth Fair Work Act (secs 5, sch.2).","Three separate reference types (initial, amendment, transition) with different effects and lifespans (sec 3 defs, sec 5).","Extensive defined terms and carve‑outs (eg excluded subject matter, referred subject matters) which narrow or expand application (sec 3, sec 6).","Differential application to categories of employers/employees (public sector, local government, law enforcement) and extended definitions in schedule 2 (sch.2 secs 30K–30Q).","Termination mechanics by gubernatorial proclamation with minimum notice periods and special early‑termination triggers tied to 'fundamental workplace relations principles' (secs 7–9, sch.2 sec.30L).","Transitional and savings provisions that preserve laws already made or in operation despite termination (sec 8, sch.2).","Subordinate‑legislation framing (proclamations treated as subordinate legislation) creating administrative steps (sec 10).","Interplay with Commonwealth legislative powers and potential for subsequent Commonwealth amendments outside the referral (sec 5(4))."],"plain_english_summary":"This Act refers specified workplace relations matters from the State to the Commonwealth by making parts of the Commonwealth Fair Work Act (and permitted express amendments) operate in the State (secs 3–5, sch.2). It affects employers and employees (including some public and local government roles only as the State’s referral law allows), excludes a set of subjects (eg superannuation, workers’ compensation, OH&S) and gives the Governor power to end references by proclamation with set timing and reporting rules (secs 6–9)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to operate broadly as intended — Queensland referred workplace relations powers to the Commonwealth to bring most private sector workers under the national Fair Work system, while explicitly preserving state control over public servants, police, local government workers, and specific subject matters like long service leave and OHS. The carve-outs and exclusions appear to have been deliberately designed from the outset, not as post-enactment amendments that narrowed or expanded the original intent. Subsequent amendments (e.g. updating the definition of 'department' to reference the Public Sector Act 2022) are administrative updates rather than scope changes."},"complexity_factors":["Operates at the intersection of federal and state constitutional law, requiring understanding of section 51(xxxvii) of the Commonwealth Constitution (the 'referral of powers' mechanism)","Three distinct types of references (initial, amendment, and transition) each with different scope and termination rules","Extensive and nuanced definitions section with multiple nested categories of included and excluded matters that require cross-referencing","Complex interplay between what is referred and what is excluded, with a carve-out within the exclusions ('except to the extent that the Fair Work Act as originally enacted deals with the matter')","The schedule reproduces provisions of the Commonwealth Fair Work Act itself (Division 2B), creating a dual-layer reading obligation","Termination mechanics are intricate: different notice periods apply in different circumstances, proclamations can be revoked, and termination of one reference type may or may not cause loss of 'referring State' status depending on conditions","Requires cross-referencing multiple other Acts: Fair Work Act 2009 (Cwlth), Public Sector Act 2022, Police Service Administration Act 1990, Local Government Act 2009, City of Brisbane Act 2010, Parliamentary Service Act 1988, Industrial Relations Act 1999, and others","The scheduled text (not reproduced here) is itself part of the operative law","Different commencement rules apply to different parts of the Act","Constitutional law backdrop means ordinary statutory interpretation tools are insufficient without understanding federalism principles"],"plain_english_summary":"Queensland refers its workplace-relations power to the Commonwealth so most private‑sector workers and employers in Queensland are covered by the Fair Work Act 2009, gaining national minimum standards, unfair dismissal protection, enterprise bargaining and union rights. The referral excludes state public servants, police, councils, judges, politicians and similar groups, preserves Queensland control over things like long service leave, workers’ compensation, OHS, superannuation and anti‑discrimination, and can be revoked by the state with required notice while protecting key workplace principles."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a referral mechanism. While it has been amended over time (notably updates to references to the Public Sector Act and Local Government Act), these appear to be machinery amendments updating cross-references rather than substantive expansions of the Act's purpose. The core function remains the referral of workplace relations powers to the Commonwealth with specific exclusions and safeguards."},"complexity_factors":["Multiple overlapping definitions of 'excluded subject matter' and 'referred subject matters' with nested sub-paragraphs (some lists running to 17 items with multiple sub-levels)","Three distinct referral mechanisms (initial, amendment, transition) with different scopes and termination rules","Extensive cross-referencing to the Commonwealth Fair Work Act 2009 and Queensland statutes (Public Sector Act 2022, Police Service Administration Act 1990, etc.)","Conditional logic for termination of references including time periods (6 months/3 months), Governor's declarations, and 'fundamental workplace relations principles' tests","Dual structure: The Act contains both Queensland's referral provisions AND inserts text into Schedule 2 of the Commonwealth Act (which appears as Division 2B of the Fair Work Act)","Definitions that incorporate external law meanings 'as in force on 1 July 2009' creating temporal complexity","Nested exceptions in section 6 excluding specific employee categories (public sector, local government, law enforcement, judicial officers, etc.)","Interaction between section 51(xxxvii) of the Constitution and State legislative powers creating conditional validity requirements"],"plain_english_summary":"This is a Queensland State Act that hands over (or 'refers') certain workplace relations powers to the Australian Federal Parliament. Here's what it does:\n\n**The Big Picture**\nUnder Australia's Constitution, the Federal Parliament can only make laws on certain topics. For workplace relations, the States can 'refer' their powers to the Commonwealth (Federal Government) so that one national system applies instead of different rules in each State.\n\n**What this Act does:**\n\n*   **Refers workplace matters to Canberra:** It allows the Federal Parliament to make laws about employment conditions, industrial action, unfair dismissal, and union rights for Queensland workers — but only by amending the Commonwealth *Fair Work Act 2009*.\n\n*   **Three types of references:**\n    *   **Initial reference:** Lets the Feds insert specific text (set out in Schedule 2) into the Fair Work Act.\n    *   **Amendment reference:** Lets the Feds make future changes ('express amendments') to the Fair Work Act.\n    *   **Transition reference:** Covers the switch-over from old workplace laws to the new Fair Work system.\n\n*   **Carves out exceptions:** The referral does **not** cover certain groups and topics, including:\n    *   Queensland public sector employees and employers\n    *   Local government workers\n    *   Police and law enforcement officers\n    *   Ministers, MPs, judges, and parliamentary staff\n    *   Specific topics like superannuation, workers' compensation, occupational health and safety, long service leave, and public holidays\n\n*   **Sets 'fundamental principles':** Queensland insists that any federal laws made under this referral must maintain things like minimum employment standards, protection from unfair dismissal, collective bargaining rights, and an independent umpire (Fair Work Commission).\n\n*   **Includes an 'escape clause':** The Queensland Governor can terminate these references by proclamation (with 6 months' notice, or 3 months if the Feds breach the fundamental principles), effectively pulling Queensland out of parts of the national system.\n\n**Who it affects:**\nPrimarily Queensland private sector employers and employees who aren't covered by the exclusions. It also affects the Federal Government, which gains the power to regulate these workers.\n\n**Why it matters:**\nThis Act is the legal mechanism that brings most Queensland private sector workers into the national Fair Work system, creating consistent workplace laws across Australia while protecting State government employees and certain other groups under State law."}},"importantCases":[],"_links":{"self":"/api/acts/fair-work-commonwealth-powers-and-other-provisions-act-2009","history":"/api/acts/fair-work-commonwealth-powers-and-other-provisions-act-2009/history","analysis":"/api/acts/fair-work-commonwealth-powers-and-other-provisions-act-2009/analysis","conflicts":"/api/acts/fair-work-commonwealth-powers-and-other-provisions-act-2009/conflicts","importantCases":"/api/acts/fair-work-commonwealth-powers-and-other-provisions-act-2009/important-cases","documents":"/api/acts/fair-work-commonwealth-powers-and-other-provisions-act-2009/documents"}}