{"id":"F2006L00820","name":"Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1)","slug":"workplace-relations-amendment-work-choices-consequential-amendments-regulations-2006-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"50 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":136832,"registerId":"commonwealth-F2006L00820-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1)","content":"![](image.001.png)\n\nWorkplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1)\n\nSelect Legislative Instrument 2006 No. 50 as amended\n\nmade under the\n\nWorkplace Relations Amendment (Work Choices) Act 2005, the Bankruptcy Act 1966, the Federal Magistrates Act 1999, the Public Service Act 1999 and the Public Employment (Consequential and Transitional) Amendment Act 1999\n\nThis compilation was prepared on 20 July 2009\n\n\\[This regulation was amended by SLI 2006 No. 119  \n(see F2006L01673) and Act No. 70 of 2009\\]\n\nAmendments from SLI 2006 No. 119\n\n\\[Schedule 1 (item 1) amends Schedule 3  \nSchedule 1 (item 2) amends Schedule 9  \nSchedule 1 (item 3) amends Schedule 31  \nSchedule 1 (items 4–7) amends Schedule 57  \nSchedule 1 (items 1–7) commenced on 5 June 2006\\]\n\nAmendment from Act No. 70 of 2009\n\n\\[Schedule 2 (item 106) amends Schedule 35  \nSchedule 2 (item 106) commenced on 27 March 2006\\]\n\nPrepared by the Office of Legislative Drafting and Publishing,  \nAttorney‑General’s Department, Canberra\n\nContents\n\n1 Name of Regulations\n\n2 Commencement\n\n3 Amendments of Acts and Regulations\n\nSchedule 1 Amendments of Workplace Relations Act 1996\n\nSchedule 2 Amendments of Builders Labourers’ Federation (Cancellation of Registration — Consequential Provisions) Act 1986\n\nSchedule 3 Amendments of Building and Construction Industry Improvement Act 2005\n\nSchedule 4 Amendments of Coal Mining Industry (Long Service Leave Funding) Act 1992\n\nSchedule 5 Amendment of Defence Act 1903\n\nSchedule 6 Amendment of Long Service Leave (Commonwealth Employees) Act 1976\n\nSchedule 7 Amendment of Maternity Leave (Commonwealth Employees) Act 1973\n\nSchedule 8 Amendments of Remuneration and Allowances Act 1990\n\nSchedule 9 Amendments of Remuneration Tribunal Act 1973\n\nSchedule 10 Amendment of Safety, Rehabilitation and Compensation Act 1988\n\nSchedule 11 Amendments of Seafarers Rehabilitation and Compensation Act 1992\n\nSchedule 12 Amendments of Social Security Act 1991\n\nSchedule 13 Amendments of Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005\n\nSchedule 14 Amendments of Tradesmen’s Rights Regulation Act 1946\n\nSchedule 15 Amendments of Trade Practices Act 1974\n\nSchedule 16 Amendments of Superannuation Act 1976\n\nSchedule 17 Amendments of Superannuation Guarantee (Administration) Act 1992\n\nSchedule 18 Amendments of Military Rehabilitation and Compensation Act 2004\n\nSchedule 19 Amendments of Parliamentary Service Act 1999\n\nSchedule 20 Amendment of Australian Film Commission Act 1975\n\nSchedule 21 Amendments of Telstra (Transition to Full Private Ownership) Act 2005\n\nSchedule 22 Amendments of Petroleum (Submerged Lands) Act 1967\n\nSchedule 23 Amendments of Snowy Hydro Corporatisation Act 1997\n\nSchedule 24 Amendment of Tourism Australia (Repeal and Transitional Provisions) Act 2004\n\nSchedule 25 Amendment of Dairy Industry Service Reform Act 2003\n\nSchedule 26 Amendment of Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000\n\nSchedule 27 Amendments of Public Service Act 1999\n\nSchedule 28 Amendment of Life Insurance Act 1995\n\nSchedule 29 Amendment of Administrative Decisions (Judicial Review) Act 1977\n\nSchedule 30 Amendment of Age Discrimination Act 2004\n\nSchedule 31 Amendments of Australian Federal Police Act 1979\n\nSchedule 32 Amendments of Bankruptcy Act 1966\n\nSchedule 33 Amendment of Crimes Act 1914\n\nSchedule 34 Amendments of Criminal Code Act 1995\n\nSchedule 35 Amendments of Disability Discrimination Act 1992\n\nSchedule 36 Amendment of Freedom of Information Act 1982\n\nSchedule 37 Amendments of Human Rights and Equal Opportunity Commission Act 1986\n\nSchedule 38 Amendment of Jury Exemption Act 1965\n\nSchedule 39 Amendment of Legislative Instruments Act 2003\n\nSchedule 40 Amendments of Sex Discrimination Act 1984\n\nSchedule 41 Amendments of Skilling Australia’s Workforce Act 2005\n\nSchedule 42 Amendments of Commonwealth Serum Laboratories Act 1961\n\nSchedule 43 Amendments of Health Insurance Commission (Reform and Separation of Functions) Act 1997\n\nSchedule 44 Amendment of National Health Act 1953\n\nSchedule 45 Amendment of Christmas Island Act 1958\n\nSchedule 46 Amendment of Cocos (Keeling) Islands Act 1955\n\nSchedule 47 Amendments of Navigation Act 1912\n\nSchedule 48 Amendments of Australian Capital Territory (Self‑Government) Act 1988\n\nSchedule 49 Amendments of Seat of Government (Administration) Act 1910\n\nSchedule 50 Amendment of Fringe Benefits Tax Assessment Act 1986\n\nSchedule 51 Amendments of Income Tax Assessment Act 1997\n\nSchedule 52 Amendments of Northern Territory (Self‑Government) Act 1978\n\nSchedule 53 Amendment of Workplace Relations Act 1996\n\n1 Name of Regulations\n\nThese Regulations are the Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1).\n\n2 Commencement\n\nThese Regulations commence as follows:\n\n(a) on the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005 — regulations 1 to 3 and Schedule 1;\n\n(b) on the commencement of Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005 — Schedules 2 to 58.\n\n> Note Schedule 5 renumbers the Workplace Relations Act 1996 so that the amended Act is sequentially numbered from section 1.\n\n3 Amendments of Acts and Regulations\n\n(1) These Regulations are made for:\n\n(a) item 2 of Schedule 4 to the Workplace Relations Amendment (Work Choices) Act 2005; and\n\n(b) the Bankruptcy Act 1966; and\n\n(c) the Federal Magistrates Act 1999; and\n\n(d) the Public Service Act 1999; and\n\n(e) the Public Employment (Consequential and Transitional) Amendment Act 1999.\n\n> Note Under item 2 of Schedule 4, the Governor‑General may make regulations amending Acts (including the Workplace Relations Act 1996), being amendments that are consequential on, or that otherwise relate to, amendments made by this Act.\n\n> Note: For the purposes of the Amendments Incorporation Act 1905, amendments made by regulations for the purposes of that item are to be treated as if they had been made by an Act.\n\n(2) Schedule 1 to these Regulations amends the Workplace Relations Act 1996.\n\n> Note This Schedule commences on the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005, and immediately before the commencement of Schedule 5 to that Act (which renumbers the Workplace Relations Act 1996). Therefore, this Schedule refers to provisions of the Workplace Relations Act by their numbers before the renumbering takes place.\n\n(3) Schedule 2 to these Regulations amends the Builders Labourers’ Federation (Cancellation of Registration — Consequential Provisions) Act 1986.\n\n(4) Schedule 3 to these Regulations amends the Building and Construction Industry Improvement Act 2005.\n\n(5) Schedule 4 to these Regulations amends the Coal Mining Industry (Long Service Leave Funding) Act 1992.\n\n(6) Schedule 5 to these Regulations amends the Defence Act 1903.\n\n(7) Schedule 6 to these Regulations amends the Long Service Leave (Commonwealth Employees) Act 1976.\n\n(8) Schedule 7 to these Regulations amends the Maternity Leave (Commonwealth Employees) Act 1973.\n\n(9) Schedule 8 to these Regulations amends the Remuneration and Allowances Act 1990.\n\n(10) Schedule 9 to these Regulations amends the Remuneration Tribunal Act 1973.\n\n(11) Schedule 10 to these Regulations amends the Safety, Rehabilitation and Compensation Act 1988.\n\n(12) Schedule 11 to these Regulations amends the Seafarers Rehabilitation and Compensation Act 1992.\n\n(13) Schedule 12 to these Regulations amends the Social Security Act 1991.\n\n(14) Schedule 13 to these Regulations amends the Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005.\n\n(15) Schedule 14 to these Regulations amends the Tradesmen’s Rights Regulation Act 1946.\n\n(16) Schedule 15 to these Regulations amends the Trade Practices Act 1974.\n\n(17) Schedule 16 to these Regulations amends the Superannuation Act 1976.\n\n(18) Schedule 17 to these Regulations amends the Superannuation Guarantee (Administration) Act 1992.\n\n(19) Schedule 18 to these Regulations amends the Military Rehabilitation and Compensation Act 2004.\n\n(20) Schedule 19 to these Regulations amends the Parliamentary Service Act 1999.\n\n(21) Schedule 20 to these Regulations amends the Australian Film Commission Act 1975.\n\n(22) Schedule 21 to these Regulations amends the Telstra (Transition to Full Private Ownership) Act 2005.\n\n(23) Schedule 22 to these Regulations amends the Petroleum (Submerged Lands) Act 1967.\n\n(24) Schedule 23 to these Regulations amends the Snowy Hydro Corporatisation Act 1997.\n\n(25) Schedule 24 to these Regulations amends the Tourism Australia (Repeal and Transitional Provisions) Act 2004.\n\n(26) Schedule 25 to these Regulations amends the Dairy Industry Service Reform Act 2003.\n\n(27) Schedule 26 to these Regulations amends the Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000.\n\n(28) Schedule 27 to these Regulations amends the Public Service Act 1999.\n\n(29) Schedule 28 to these Regulations amends the Life Insurance Act 1995.\n\n(30) Schedule 29 to these Regulations amends the Administrative Decisions (Judicial Review) Act 1977.\n\n(31) Schedule 30 to these Regulations amends the Age Discrimination Act 2004.\n\n(32) Schedule 31 to these Regulations amends the Australian Federal Police Act 1979.\n\n(33) Schedule 32 to these Regulations amends the Bankruptcy Act 1966.\n\n(34) Schedule 33 to these Regulations amends the Crimes Act 1914.\n\n(35) Schedule 34 to these Regulations amends the Criminal Code Act 1995.\n\n(36) Schedule 35 to these Regulations amends the Disability Discrimination Act 1992.\n\n(37) Schedule 36 to these Regulations amends the Freedom of Information Act 1982.\n\n(38) Schedule 37 to these Regulations amends the Human Rights and Equal Opportunity Commission Act 1986.\n\n(39) Schedule 38 to these Regulations amends the Jury Exemption Act 1965.\n\n(40) Schedule 39 to these Regulations amends the Legislative Instruments Act 2003.\n\n(41) Schedule 40 to these Regulations amends the Sex Discrimination Act 1984.\n\n(42) Schedule 41 to these Regulations amends the Skilling Australia’s Workforce Act 2005.\n\n(43) Schedule 42 to these Regulations amends the Commonwealth Serum Laboratories Act 1961.\n\n(44) Schedule 43 to these Regulations amends the Health Insurance Commission (Reform and Separation of Functions) Act 1997.\n\n(45) Schedule 44 to these Regulations amends the National Health Act 1953.\n\n(46) Schedule 45 to these Regulations amends the Christmas Island Act 1958.\n\n(47) Schedule 46 to these Regulations amends the Cocos (Keeling) Islands Act 1955.\n\n(48) Schedule 47 to these Regulations amends the Navigation Act 1912.\n\n(49) Schedule 48 to these Regulations amends the Australian Capital Territory (Self‑Government) Act 1988.\n\n(50) Schedule 49 to these Regulations amends the Seat of Government (Administration) Act 1910.\n\n(51) Schedule 50 to these Regulations amends the Fringe Benefits Tax Assessment Act 1986.\n\n(52) Schedule 51 to these Regulations amends the Income Tax Assessment Act 1997.\n\n(53) Schedule 52 to these Regulations amends the Northern Territory (Self‑Government) Act 1978.\n\n(54) Schedule 53 to these Regulations amends the Workplace Relations Act 1996.\n\n> Note This Schedule commences on the commencement of Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005, which renumbers the Workplace Relations Act 1996. Therefore, this Schedule refers to provisions of the Workplace Relations Act by their numbers after the renumbering takes place.\n\n(55) Schedule 54 to these Regulations amends the Naval Defence Act 1910.\n\n(56) Schedule 55 to these Regulations amends the Bankruptcy Regulations 1996.\n\n(57) Schedule 56 to these Regulations amends the Federal Magistrates Regulations 2000.\n\n(58) Schedule 57 to these Regulations amends the Public Service Regulations 1999.\n\n(59) Schedule 58 to these Regulations amends the Public Employment (Consequential and Transitional) Regulations 1999.\n\nSchedule 1 Amendments of Workplace Relations Act 1996\n\n(regulation 3)\n\n> Note This Schedule commences on the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005, and immediately before the commencement of Schedule 5 to that Act (which renumbers the Workplace Relations Act 1996). Therefore, this Schedule refers to provisions of the Workplace Relations Act by their numbers before the renumbering takes place.\n\n\\[1\\] Part XVII, Division 2, heading\n\nomit\n\n\\[2\\] Subsection 469(10), definition of relevant proceeding\n\nomit\n\n, 153\n\nSchedule 2 Amendments of Builders Labourers’ Federation (Cancellation of Registration — Consequential Provisions) Act 1986\n\n(regulation 3)\n\n\\[1\\] Subsection 4(4)\n\nsubstitute\n\n(4) Subject to subsection (5), the Commission does not have any powers under the Workplace Relations Act or the Registration and Accountability of Organisations Schedule in relation to an industrial dispute in so far as that industrial dispute resulted from:\n\n(a) an act done by a non‑registered association or by persons who are members of a non‑registered association; or\n\n(b) an act done by an employer as defined by subsection 6 (2) of the Workplace Relations Act in relation to a non‑registered association or in relation to persons who are members of a non‑registered association.\n\n\\[2\\] Paragraph 4(3A)(a)\n\nomit\n\nsubparagraphs 111(1)(g)(i), (ii) and (iii)\n\ninsert\n\nparagraph 44I(1)(e)\n\n\\[3\\] Subsection 4(6)\n\nomit\n\n\\[4\\] Subparagraph 5(1)(b)(ii)\n\nsubstitute\n\n(ii) the registration of the non‑registered association under that section would not prevent or seriously hinder the achievement of:\n\n(A) an object of the Workplace Relations Act; or\n\n(B) Parliament’s intention in enacting the Registration and Accountability of Organisations Schedule; and\n\nSchedule 3 Amendments of Building and Construction Industry Improvement Act 2005\n\n(regulation 3)\n\n\\[1\\] Section 4\n\nomit\n\nIn this Act,\n\ninsert\n\n(1) In this Act,\n\n\\[2\\] Section 4, after definition of AIRC\n\ninsert\n\n> Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act.\n\n\\[3\\] Section 4, definition of AWA, note\n\nomit\n\n\\[4\\] Section 4, definition of award\n\nomit\n\nsection 4 of\n\n\\[5\\] Section 4, definition of building certified agreement\n\nsubstitute\n\n> building collective agreement means a collective agreement that applies to building work (whether or not it also applies to other work).\n\n\\[6\\] Section 4, definition of certified agreement, including the note\n\nsubstitute\n\n> collective agreement has the meaning given by the Workplace Relations Act.\n\n\\[7\\] Section 4, definition of Commonwealth industrial instrument\n\nsubstitute\n\n> Commonwealth industrial instrument means any of the following:\n\n(a) an award or transitional award;\n\n(b) a collective agreement or pre‑reform certified agreement;\n\n(c) an order of the AIRC;\n\n(d) the Australian Fair Pay and Conditions Standard.\n\n\\[8\\] Section 4, definition of employee\n\nomit\n\n\\[9\\] Section 4, definition of employer\n\nomit\n\n\\[10\\] Section 4, definition of industrial dispute\n\nomit\n\nsection 4 of the Workplace Relations Act (as affected by Part XV of that Act).\n\ninsert\n\nSchedule 6 to the Workplace Relations Act.\n\n\\[11\\] Section 4, definition of negotiating party\n\nomit\n\nDivision 8 of Part VIB of the Workplace Relations Act.\n\ninsert\n\nPart 9 of the Workplace Relations Act.\n\n\\[12\\] Section 4, definition of organisation\n\nomit\n\nsection 4 of\n\n\\[13\\] Section 4, after definition of premises\n\ninsert\n\n> pre‑reform certified agreement has the meaning given by the Workplace Relations Act.\n\n\\[14\\] Section 4, after definition of Secretary\n\ninsert\n\n> transitional award has the meaning given by the Workplace Relations Act.\n\n\\[15\\] Section 4, after definition of unlawful industrial action\n\ninsert\n\n> workplace agreement has the meaning given by the Workplace Relations Act.\n\n\\[16\\] Section 4\n\ninsert\n\n(2) In this Act, unless the contrary intention appears:\n\n(a) a reference to employee has its ordinary meaning; and\n\n(b) a reference to employee with its ordinary meaning includes a reference to an individual who is usually an employee with that meaning; and\n\n(c) a reference to employee with its ordinary meaning does not include a reference to an individual on a vocational placement; and\n\n(d) a reference to employer has its ordinary meaning; and\n\n(e) a reference to employer with its ordinary meaning includes a reference to a person or entity that is usually an employer with that meaning.\n\n\\[17\\] Subparagraph 10(b)(i)\n\nsubstitute\n\n(i) this Act, the Workplace Relations Act or a Commonwealth industrial instrument; and\n\n\\[18\\] Subsection 36(1), definition of constitutionally‑connected action, paragraphs (d) and (e)\n\nsubstitute\n\n(d) the action relates to work that is regulated by a Commonwealth industrial instrument;\n\n(e) the action relates to the negotiation, proposed negotiation, or making or proposed making, (as relevant), of a collective agreement under Division 2 of Part 8 of the Workplace Relations Act;\n\n\\[19\\] Subsection 36(1), definition of excluded action\n\nsubstitute\n\n> excluded action means building industrial action that is protected action for the purposes of the Workplace Relations Act (as affected by Part 3 of this Chapter).\n\n\\[19A\\] Paragraph 42(1)(b)\n\nomit\n\nsubsection 507(4)\n\ninsert\n\nsubsections 507(8), 508(6) and 509(4)\n\n\\[20\\] After subparagraph 45(1)(a)(ii)\n\ninsert\n\n(iii) a particular preserved Australian Pay and Classification Scale; or\n\n(iv) the Australian Fair Pay and Conditions Standard; or\n\n\\[21\\] Subparagraph 45(1)(b)(ii)\n\nomit\n\nparticular person.\n\ninsert\n\nparticular person; or\n\n\\[22\\] After subparagraph 45(1)(b)(ii)\n\ninsert\n\n(iii) a particular preserved Australian Pay and Classification Scale; or\n\n(iv) the Australian Fair Pay and Conditions Standard.\n\n\\[23\\] Subsection 45(1), after the note\n\ninsert\n\nExample for subparagraphs (1)(a)(ii) and (1)(b)(ii)\n\nA person contravenes the subparagraph if he or she discriminates against another person on the basis that the other person is, or is not, regulated by the Australian Fair Pay and Conditions Standard only under the WR Act, and not under any workplace agreement or award.\n\n\\[24\\] Paragraph 45(4)(a)\n\nsubstitute\n\n(a) the industrial instrument referred to in that section is an award, transitional award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA; or\n\n\\[25\\] Section 47\n\nsubstitute\n\n47 Unfair contracts with building contractors\n\nSections 832, 833 and 834 of the Workplace Relations Act apply in relation to a contract for the performance of building work as if references in sections 832 and 833 of that Act to the Federal Court included references to the Federal Magistrates Court.\n\n\\[26\\] Paragraph 64(1)(d)\n\nafter\n\nis not certified\n\ninsert\n\nor is not lodged in accordance with Division 5 of Part 8 of the Workplace Relations Act\n\n\\[27\\] Subsection 73(4), including the subheading, and subsection 73(5)\n\nsubstitute\n\nPower to apply under subsection 744(1), 769(1), 770(2) or 771(4) or section 807 of the Workplace Relations Act\n\n(4) The ABC Commissioner or an ABC Inspector may make an application under subsection 744(1), 769(1), 770(2) or 771(4), or section 807, of the Workplace Relations Act in any case where the application relates to a matter that involves:\n\n(a) a building industry participant; or\n\n(b) building work.\n\n(5) Subsection (4) does not, by implication, limit the persons who may make an application under subsection 744(1), 769(1), 770(2) or 771(4), or section 807, of the Workplace Relations Act.\n\n\\[28\\] Further amendments\n\nThe Act is amended as set out in the Table.\n\n| Provision                    | omit                              | insert                               |\n| ---------------------------- | --------------------------------- | ------------------------------------ |\n| Paragraph 41(a)              | building certified agreement; and | building collective agreement; and   |\n| Subsection 42(1)             | Part VIIIA                        | Division 9 of Part 9                 |\n| Paragraph 42(1)(a)           | that Part                         | that Division                        |\n| Paragraph 42(1)(b)           | paragraph 187AD(1)(a)             | subsection 507(4)                    |\n| Subsection 42(2)             | Part VIIIA                        | Division 9 of Part 9                 |\n| Section 44, heading          | certified agreements              | collective agreements                |\n| Paragraph 44(1)(c)           | Division 2 or 3 of Part VIB       | Part 8                               |\n| Paragraph 44(3)(a)           | subsection 170LK(4)               | subsections 335(1) and (2)           |\n| Paragraph 44(4)(a)           | subsection 170LK(4)               | subsections 335(1) and (2)           |\n| Subsection 44(5)             | 170NC                             | 400                                  |\n| Subsection 50(4)             | 170MN                             | 495                                  |\n| Paragraph 50(4)(b)           | 170NF                             | 495                                  |\n| Subsection 64(2)             | section 170LB                     | section 322, and subsection 643(11), |\n| Subsection 73(1), subheading | inspectors                        | workplace inspectors                 |\n| Subsection 73(1)             | an inspector                      | a workplace inspector                |\n| Subsection 73(2)             | an inspector                      | a workplace inspector                |\n\nSchedule 4 Amendments of Coal Mining Industry (Long Service Leave Funding) Act 1992\n\n(regulation 3)\n\n\\[1\\] Subsection 4(1), before definition of bank\n\ninsert\n\n> Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.\n\n\\[2\\] Subsection 4(1), definition of eligible employee, paragraph (a)\n\nafter\n\nrelevant industrial instrument\n\ninsert\n\n, or the Australian Fair Pay and Conditions Standard,\n\n\\[3\\] Subsection 4(1), definition of industrial authority\n\nafter\n\nthe Australian Industrial Relations Commission,\n\ninsert\n\nthe Employment Advocate,\n\n\\[4\\] Subsection 4(1), definition of relevant industrial instrument\n\nsubstitute\n\n> relevant industrial instrument means:\n\n(a) an award made by, or registered with, an industrial authority, including, without limiting this paragraph:\n\n(i) an award or transitional award within the meaning of the Workplace Relations Act 1996; and\n\n(ii) a variation or order affecting an award or transitional award of that kind; or\n\n(b) a determination made by, or registered with, an industrial authority; or\n\n(c) an order given by, or registered with, an industrial authority; or\n\n(d) an agreement approved by, or registered with, an industrial authority, including, without limiting this paragraph:\n\n(i) a workplace agreement within the meaning given by the Workplace Relations Act 1996; and\n\n(ii) a pre‑reform certified agreement within the meaning given by that Act; and\n\n(iii) a pre‑reform AWA within the meaning given by that Act; or\n\n(e) a preserved State agreement within the meaning given by the Workplace Relations Act 1996; or\n\n(f) a notional agreement preserving State awards within the meaning given by the Workplace Relations Act 1996;\n\nthat confers on employees in the black coal mining industry to whom the award, determination, order or agreement applies an entitlement to long service leave in circumstances set out in the award, determination, order or agreement, being an entitlement that continues to exist and accrue so long as the employees continue to be employed by any employer in that industry.\n\nSchedule 5 Amendment of Defence Act 1903\n\n(regulation 3)\n\n\\[1\\] Section 58F, definition of presidential member of the Commission\n\nomit\n\nIndustrial Relations Act 1988.\n\ninsert\n\nWorkplace Relations Act 1996.\n\nSchedule 6 Amendment of Long Service Leave (Commonwealth Employees) Act 1976\n\n(regulation 3)\n\n\\[1\\] Paragraph 15(1)(c)\n\nafter each mention of\n\naward\n\ninsert\n\nor workplace agreement\n\nSchedule 7 Amendment of Maternity Leave (Commonwealth Employees) Act 1973\n\n(regulation 3)\n\n\\[1\\] Section 8\n\nomit\n\nClause 12 of Schedule 14 to the Workplace Relations Act 1996 applies\n\ninsert\n\nSections 280 and 281 of the Workplace Relations Act 1996 apply\n\nSchedule 8 Amendments of Remuneration and Allowances Act 1990\n\n(regulation 3)\n\n\\[1\\] Schedule 1, Part 5, item 6, heading\n\nsubstitute\n\nWage Adjustments\n\n\\[2\\] Schedule 1, Part 5, item 6\n\nomit\n\nNational Wage Case Decisions\n\ninsert\n\nsafety net review decisions relating to allowances\n\n\\[3\\] Schedule 2, Part 3, item 4\n\nsubstitute\n\n4. The rates of salary specified in clause 3 as applicable from 1 July 1990 are to be adjusted in accordance with:\n\n(a) wage‑setting decisions of the Australian Fair Pay Commission; or\n\n(b) if the Australian Fair Pay Commission has not yet made its first wage‑setting decision—the Statement of Principles enunciated by the Australian Industrial Relations Commission in its 2005 Safety Net Review Decision.\n\nSchedule 9 Amendments of Remuneration Tribunal Act 1973\n\n(regulation 3)\n\n\\[1\\] Paragraph 3(4)(ga)\n\nomit\n\n\\[2\\] Paragraphs 5(1)(a) and (b)\n\nsubstitute\n\n(a) wage‑setting decisions of the Australian Fair Pay Commission; or\n\n(b) if the Australian Fair Pay Commission has not yet made its first wage‑setting decision—the Statement of Principles enunciated by the Australian Industrial Relations Commission in its 2005 Safety Net Review Decision.\n\n\\[3\\] After subsection 7(4B)\n\ninsert\n\n(4C) The Tribunal may inquire into and determine the travelling allowances to be paid to members of the Australian Fair Pay Commission established under section 20 of the Workplace Relations Act 1996 for travel within Australia.\n\nSchedule 10 Amendment of Safety, Rehabilitation and Compensation Act 1988\n\n(regulation 3)\n\n\\[1\\] Paragraph 52(6)(b)\n\nomit\n\nconciliation and arbitration; or\n\ninsert\n\nworkplace relations; or\n\nSchedule 11 Amendments of Seafarers Rehabilitation and Compensation Act 1992\n\n(regulation 3)\n\n\\[1\\] Section 3, after definition of attendant care services\n\ninsert\n\n> Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.\n\n\\[2\\] Section 3, definition of certified agreement\n\nomit\n\n\\[3\\] Section 3, after definition of claimant\n\ninsert\n\n> collective agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[4\\] Section 3, after definition of place of work\n\ninsert\n\n> pre‑reform certified agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[5\\] Subsection 13(2)\n\nomit\n\nor certified agreement\n\ninsert\n\n, collective agreement, pre‑reform certified agreement or the Australian Fair Pay and Conditions Standard\n\n\\[6\\] Subsection 13(5)\n\nomit\n\n, certified agreement\n\ninsert\n\n, collective agreement, pre‑reform certified agreement or the Australian Fair Pay and Conditions Standard\n\n\\[7\\] Paragraph 13(6)(b)\n\nomit\n\nor certified agreement,\n\ninsert\n\n, collective agreement, pre‑reform certified agreement or the Australian Fair Pay and Conditions Standard,\n\n\\[8\\] Paragraph 31(14)(a)\n\nomit\n\nor certified agreement\n\ninsert\n\n, collective agreement, pre‑reform certified agreement or the Australian Fair Pay and Conditions Standard\n\n\\[9\\] Subsection 61(6), definition of award\n\nomit\n\nconciliation and arbitration.\n\ninsert\n\nworkplace relations.\n\n\\[10\\] Paragraph 78(4)(a)\n\nomit\n\ncertified agreement\n\ninsert\n\ncollective agreement or a pre‑reform certified agreement\n\n\\[11\\] Subsection 78(7), definition of industry panel\n\nomit\n\ncertified agreement\n\ninsert\n\ncollective agreement or a pre‑reform certified agreement\n\n\\[12\\] Section 137\n\nomit\n\nor certified agreement.\n\ninsert\n\n, collective agreement or pre‑reform certified agreement.\n\nSchedule 12 Amendments of Social Security Act 1991\n\n(regulation 3)\n\n\\[1\\] Subsection 23(1), after definition of rehabilitation program\n\ninsert\n\n> relevant minimum wage, for an employee, means:\n\n(a) if the employee:\n\n(i) is an employee within the meaning of the Workplace Relations Act 1996; and\n\n(ii) is not a junior employee or a trainee;\n\nthe Federal Minimum Wage for the employee; or\n\n(b) if the employee is:\n\n(i) an employee within the meaning of the Workplace Relations Act 1996; and\n\n(ii) a junior employee;\n\neither:\n\n(iii) if the Australian Fair Pay Commission has made a special FMW that applies to the junior employee—that wage; or\n\n(iv) in any other case—a rate of pay under an Australian Pay and Classification Scale applying to the junior employee; or\n\n(c) if the employee is:\n\n(i) an employee within the meaning of the Workplace Relations Act 1996; and\n\n(ii) a trainee;\n\neither:\n\n(iii) if the Australian Fair Pay Commission has made a special FMW that applies to the trainee—that wage; or\n\n(iv) in any other case—a rate of pay under an Australian Pay and Classification Scale applying to the trainee; or\n\n(d) if the employee is an employee within the meaning of Schedule 6 to the Workplace Relations Act 1996—award wages under the relevant transitional award; or\n\n(e) in any other case—award wages.\n\n\\[2\\] Subsection 94(5), definition of work, paragraph (a)\n\nsubstitute\n\n(a) that is for at least 30 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[3\\] Subsection 542A(3), definition of work\n\nsubstitute\n\n> work, in relation to a person, means work (whether full‑time, part‑time, permanent or casual) that:\n\n(a) if the person was employed at the time the sickness or accident in question occurred—the person has contracted to perform under a contract of employment that:\n\n(i) the person had immediately before the person becomes incapacitated; and\n\n(ii) continues after the person becomes incapacitated; and\n\n(b) if the person was not employed at that time—the person is reasonably capable of performing;\n\nbeing work that is for at least 8 hours per week on wages that are at or above the relevant minimum wage.\n\n\\[4\\] Subsection 596(4)\n\nomit\n\nor the Federal Court,\n\ninsert\n\n, the Federal Court or the Federal Magistrates Court,\n\n\\[5\\] Paragraph 603C(2), definition of work, paragraph (b)\n\nsubstitute\n\n(b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.\n\n\\[6\\] Subsection 660XBE(4)\n\nomit\n\nor the Federal Court,\n\ninsert\n\n, the Federal Court or the Federal Magistrates Court,\n\n\\[7\\] Paragraph 729AA(4)(c)\n\nsubstitute\n\n(c) the Federal Court; or\n\n(d) the Federal Magistrates Court;\n\n\\[8\\] Subsection 731K(2), definition of work, paragraph (b)\n\nsubstitute\n\n(b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.\n\n\\[9\\] Paragraph 759(4)(c)\n\nsubstitute\n\n(c) the Federal Court; or\n\n(d) the Federal Magistrates Court;\n\n\\[10\\] Subsection 771HB(4)\n\nomit\n\nor the Federal Court,\n\ninsert\n\n, the Federal Court or the Federal Magistrates Court,\n\n\\[11\\] Paragraph 954A(1)(f)\n\nsubstitute\n\n(f) the person’s work in providing the care and attention is not on wages that are at or above:\n\n(i) if the employee:\n\n(A) is an employee within the meaning of the Workplace Relations Act 1996; and\n\n(B) is not a junior employee or a trainee;\n\nthe Federal Minimum Wage for the employee; or\n\n(ii) if the employee is:\n\n(A) an employee within the meaning of the Workplace Relations Act 1996; and\n\n(B) a junior employee;\n\neither:\n\n(C) if the Australian Fair Pay Commission has made a special FMW that applies to the junior employee—that wage; or\n\n(D) in any other case—a rate of pay under an Australian Pay and Classification Scale applying to the junior employee; or\n\n(iii) if the employee is:\n\n(A) an employee within the meaning of the Workplace Relations Act 1996; and\n\n(B) a trainee;\n\neither:\n\n(C) if the Australian Fair Pay Commission has made a special FMW that applies to the trainee—that wage; or\n\n(D) in any other case—a rate of pay under an Australian Pay and Classification Scale applying to the trainee; or\n\n(iv) if the employee is an employee within the meaning of Schedule 6 to the Workplace Relations Act 1996—award wages under the relevant transitional award; or\n\n(v) in any other case—award wages.\n\n\\[12\\] Subparagraph 954A(2)(c)(ii)\n\nomit\n\nis not at award wages or above,\n\ninsert\n\nis not on wages that are at or above the wages mentioned in paragraph (1)(f),\n\n\\[13\\] Paragraph 1061PB(2)(a)\n\nafter\n\nindustrial instrument\n\ninsert\n\nor the AFPCS,\n\n\\[14\\] Subsection 1061PB(6), before definition of industrial instrument\n\ninsert\n\n> AFPCS means the Australian Fair Pay and Conditions Standard within the meaning of the Workplace Relations Act 1996.\n\n\\[15\\] Paragraph 1067A(10)(c)\n\nsubstitute\n\n(c) a period or periods of employment over an 18 month period since the person last left secondary school, earning the person at least the equivalent of 75% of:\n\n(i) the maximum rate of pay under Wage Level A of the Australian Pay and Classification Scale generally applicable to trainees; or\n\n(ii) that maximum rate as varied or replaced from time to time by the Australian Fair Pay Commission;\n\nthat applied at the start of the period of employment.\n\nSchedule 13 Amendments of Employment and Workplace Relations Legislation Amendment (Welfare to Work and Other Measures) Act 2005\n\n(regulation 3)\n\n\\[1\\] Schedule 1, item 6, proposed subsection 16B(5) of the Social Security Act 1991, definition of 30 hours per week of work, paragraph (a)\n\nsubstitute\n\n(a) that is for at least 30 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[2\\] Schedule 2, item 10, proposed subsection 94A(8) of the Social Security Act 1991, definition of work, paragraph (a)\n\nsubstitute\n\n(a) that is for at least 15 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[3\\] Schedule 4, item 7, proposed paragraph 502(4)(e) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[4\\] Schedule 4, item 7, proposed paragraph 502(4)(f) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[5\\] Schedule 4, item 7, proposed subsection 502H(2) of the Social Security Act 1991, definition of work, paragraph (b)\n\nsubstitute\n\n(b) is for at least 8 hours per week on wages that are at or above the relevant minimum wage.\n\n\\[6\\] Schedule 5, item 15, proposed paragraph 541D(1)(e) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[7\\] Schedule 5, item 15, proposed paragraph 541D(1)(f) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[8\\] Schedule 7, item 28, proposed paragraph 601(2A)(e) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[9\\] Schedule 7, item 28, proposed paragraph 601(2A)(f) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[10\\] Schedule 8, item 2, proposed paragraph 663B(e) of the Social Security Act 1991\n\nsubstitute\n\n(e) either:\n\n(i) the person commences employment for at least 15 hours per week on wages that are at or above the relevant minimum wage; or\n\n(ii) the person’s hours of employment, on wages that are at or above the relevant minimum wage, increase to at least 15 hours per week; and\n\n\\[11\\] Schedule 8, item 2, proposed paragraph 663F(e) of the Social Security Act 1991\n\nsubstitute\n\n(e) either:\n\n(i) the person commences employment for at least 15 hours per week on wages that are at or above the relevant minimum wage; or\n\n(ii) the person’s hours of employment, on wages that are at or above the relevant minimum wage increase to at least 15 hours per week; and\n\n\\[12\\] Schedule 8, item 3, proposed paragraph 664BA(d) of the Social Security Act 1991\n\nsubstitute\n\n(d) either:\n\n(i) the person commences employment for at least 15 hours per week on wages that are at or above the relevant minimum wage; or\n\n(ii) the person’s hours of employment on wages that are at or above the relevant minimum wage increase to at least 15 hours per week; and\n\n\\[13\\] Schedule 10, item 11, proposed paragraph 731B(1)(e) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[14\\] Schedule 10, item 11, proposed paragraph 731B(1)(f) of the Social Security Act 1991\n\nomit\n\nbelow the minimum terms and conditions\n\ninsert\n\nless generous than the minimum terms and conditions\n\n\\[15\\] Schedule 11, item 2, proposed paragraph 1035A(2)(a) of the Social Security Act 1991\n\nsubstitute\n\n(a) at a particular time, the person’s hours of work per week, on wages that are at or above the relevant minimum wage increase to at least 30 hours per week; and\n\n\\[16\\] Schedule 11, item 2, proposed subparagraph 1035A(2)(d)(i) of the Social Security Act 1991\n\nsubstitute\n\n(i) has been working at least 30 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[17\\] Schedule 11, item 2, proposed paragraph 1035A(3)(b) of the Social Security Act 1991\n\nsubstitute\n\n(b) one or both of the following applies to the person:\n\n(i) the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage;\n\n(ii) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department for work of at least 15 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[18\\] Schedule 11, item 2, proposed paragraph 1035A(4)(b) of the Social Security Act 1991\n\nsubstitute\n\n(b) the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[19\\] Schedule 11, item 2, proposed subparagraph 1035A(4)(e)(i) of the Social Security Act 1991\n\nsubstitute\n\n(i) has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[20\\] Schedule 11, item 2, proposed paragraph 1035A(5)(e) of the Social Security Act 1991\n\nsubstitute\n\n(e) since the time mentioned in paragraph (b), the person has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[21\\] Schedule 11, item 2, proposed paragraph 1035A(6)(b) of the Social Security Act 1991\n\nsubstitute\n\n(b) one or both of the following applies to the person:\n\n(i) the person is working for at least 15 hours per week on wages that are at or above the relevant minimum wage;\n\n(ii) the person is undertaking job search activities under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department for work of at least 15 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[22\\] Schedule 11, item 2, proposed paragraph 1035A(7)(d) of the Social Security Act 1991\n\nsubstitute\n\n(d) since the time mentioned in paragraph (a), the person has been working at least 15 hours per week on wages that are at or above the relevant minimum wage; and\n\n\\[23\\] Schedule 11, item 8, proposed subparagraph 1046(2B)(b)(iii) of the Social Security Act 1991\n\nsubstitute\n\n(iii) to undertake job search activities, under an agreement between the Secretary and a service provider nominated by the Secretary of the Employment Department, for work of at least 15 hours per week on wages that are at or above the relevant minimum wage.\n\nSchedule 14 Amendments of Tradesmen’s Rights Regulation Act 1946\n\n(regulation 3)\n\n\\[1\\] Section 6, before the definition of employment\n\ninsert\n\n> Australian Pay and Classification Scale has the meaning given by the Workplace Relations Act 1996.\n\n> award includes:\n\n(a) a transitional award under the Workplace Relations Act 1996; and\n\n(b) an award made under a State industrial law (to the extent to which that State industrial law is not excluded by the Workplace Relations Act 1996).\n\n> industrial agreement includes:\n\n(a) a workplace agreement, pre‑reform certified agreement, pre‑reform AWA, notional agreement preserving State awards or preserved State agreement within the meaning of the Workplace Relations Act 1996; and\n\n(b) an agreement made under a State industrial law to the extent to which that State industrial law is not excluded by the Workplace Relations Act 1996.\n\n\\[2\\] Subsection 33E(6)\n\nafter\n\nthe wage prescribed by\n\ninsert\n\nthe appropriate Australian Pay and Classification Scale,\n\n\\[3\\] Subsection 41(6)\n\nafter\n\nthe wage prescribed by\n\ninsert\n\nthe appropriate Australian Pay and Classification Scale,\n\n\\[4\\] Subsection 41(7)\n\nafter\n\nthe wage prescribed by\n\ninsert\n\nthe appropriate Australian Pay and Classification Scale,\n\n\\[5\\] Subsection 41(8)\n\nafter\n\nin accordance with\n\ninsert\n\nthe appropriate Australian Pay and Classification Scale,\n\nSchedule 15 Amendments of Trade Practices Act 1974\n\n(regulation 3)\n\n\\[1\\] Subsection 45DD(4)\n\nomit\n\n, industrial dispute\n\n\\[2\\] Subsection 45DD(4)\n\nomit\n\nsubsection 298B(1)\n\ninsert\n\nsubsection 779(1)\n\n\\[3\\] Section 80AA\n\nomit\n\n\\[4\\] Paragraph 80AB(1)(b)\n\nsubstitute\n\n(b) there is a proceeding in respect of a dispute relating to the conduct pending before a court, tribunal or authority of a State or Territory under a prescribed provision of a law of the State or Territory; and\n\n\\[5\\] Subsection 80AB(3)\n\nomit\n\nthe Australian Industrial Relations Commission, or the State or Territory court, tribunal or authority,\n\ninsert\n\nthe State or Territory court, tribunal or authority\n\n\\[6\\] Subsection 87AA(2), definition of industrial authority\n\nsubstitute\n\n> industrial authority means a State industrial authority as defined in subsection 4(1) of the Workplace Relations Act 1996.\n\nSchedule 16 Amendments of Superannuation Act 1976\n\n(regulation 3)\n\n\\[1\\] Subsection 3(1), definition of industrial award, paragraph (b)\n\nsubstitute\n\n(b) an industrial agreement approved, lodged or registered under such a law; or\n\n(c) without limiting the operation of paragraphs (a) and (b):\n\n(i) an award; or\n\n(ii) a collective agreement; or\n\n(iii) a transitional award; or\n\n(iv) a pre‑reform certified agreement; or\n\n(v) a notional agreement preserving State awards; or\n\n(vi) a preserved collective State agreement;\n\nwithin the meaning given by the Workplace Relations Act 1996.\n\n\\[2\\] Paragraph 110H(2)(b)\n\nomit\n\nby an agreement certified, or an award made, by an industrial authority.\n\ninsert\n\nby an industrial award.\n\nSchedule 17 Amendments of Superannuation Guarantee (Administration) Act 1992\n\n(regulation 3)\n\n\\[1\\] After paragraph 5B(1)(a)\n\ninsert\n\n(aa) the jurisdiction, functions or powers of the Australian Fair Pay Commission under the Workplace Relations Act 1996; or\n\n\\[2\\] Subsection 5B(2)\n\nsubstitute\n\n(2) Subsection (1) does not apply to any express reference in the Workplace Relations Act 1996 to this Act or to the Superannuation Guarantee Charge Act 1992.\n\n\\[3\\] Section 6, definition of Commonwealth industrial award, paragraph (b)\n\nomit\n\nlaw.\n\ninsert\n\nlaw; or\n\n\\[4\\] Section 6, definition of Commonwealth industrial award, after paragraph (b)\n\ninsert\n\n(c) a notional agreement preserving State awards; or\n\n(d) a preserved State agreement.\n\n\\[5\\] After section 12\n\ninsert\n\n12A Interpretation: words and phrases in Workplace Relations Act 1996\n\nIn this Act:\n\n> AWA has the meaning given by section 4 of the Workplace Relations Act 1996.\n\n> collective agreement has the meaning given by section 4 of the Workplace Relations Act 1996.\n\n> notional agreement preserving State awards has the meaning given by clause 1 of Schedule 8 to the Workplace Relations Act 1996.\n\n> old IR agreement has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996.\n\n> pre‑reform AWA has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996.\n\n> pre‑reform certified agreement has the meaning given by clause 1 of Schedule 7 to the Workplace Relations Act 1996.\n\n> preserved State agreement has the meaning given by clause 1 of Schedule 8 to the Workplace Relations Act 1996.\n\n> reform commencement has the meaning given by section 4 of the Workplace Relations Act 1996.\n\n> Note Some of the definitions in section 4 of the Workplace Relations Act 1996 refer to other provisions of that Act.\n\n\\[6\\] Subsection 32C(6), including the heading\n\nsubstitute\n\nContributions under certain workplace agreements\n\n(6) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made under, or in accordance with:\n\n(a) a pre‑reform certified agreement; or\n\n(b) an AWA; or\n\n(c) a pre‑reform AWA; or\n\n(d) a collective agreement; or\n\n(e) an old IR agreement.\n\n> Note A number of the expressions used in this subsection are defined in section 12A by reference to the Workplace Relations Act 1996.\n\nContributions under notional agreements preserving State awards\n\n(6A) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made:\n\n(a) under, or in accordance with, a notional agreement preserving State awards; and\n\n(b) in respect of salary or wages paid before 1 July 2006.\n\n> Note A number of the expressions used in this subsection are defined in section 12A by reference to the Workplace Relations Act 1996.\n\nContributions under preserved State agreements\n\n(6B) A contribution to a fund by an employer for the benefit of an employee is also made in compliance with the choice of fund requirements if the contribution, or a part of the contribution, is made under, or in accordance with, a preserved State agreement.\n\n> Note A number of the expressions used in this subsection are defined in section 12A by reference to the Workplace Relations Act 1996.\n\n\\[7\\] Subsection 32C(7)\n\nomit\n\n515\n\ninsert\n\n890\n\n\\[8\\] Subsection 32N(1), at the foot\n\ninsert\n\n> Note An employer does not have to provide a standard choice form to an existing employee except in the specific circumstances outlined in this section. See also the further exceptions in section 32NA.\n\n\\[9\\] After subsection 32NA(9)\n\ninsert\n\n(10) An employer is not required under section 32N to give an employee a standard choice form if:\n\n(a) the employee is covered by a notional agreement preserving State awards or a preserved State agreement; and\n\n(b) before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005, the employer was required, under a State law, to give the employee a notification that the employee can choose a superannuation fund; and\n\n(c) the employer has given the notification mentioned in paragraph (b) to the employee.\n\nSchedule 18 Amendments of Military Rehabilitation and Compensation Act 2004\n\n(regulation 3)\n\n\\[1\\] Section 179, except the heading\n\nsubstitute\n\nIf a person’s normal earnings for a week are less than an amount calculated by multiplying the Federal Minimum Wage (as it applies under section 194 of the Workplace Relations Act 1996) by 38 hours per week, then the person’s normal earnings for the week are instead the amount calculated by multiplying the Federal Minimum Wage (as it applies under section 194 of the Workplace Relations Act 1996) by 38 hours per week.\n\n\\[2\\] Subparagraph 185(2)(b)(ii)\n\nafter\n\noperation of\n\ninsert\n\nan Australian Pay and Classification Scale (within the meaning given by the Workplace Relations Act 1996), or\n\n\\[3\\] Paragraph 193(2)(b)\n\nafter\n\noperation of\n\ninsert\n\nan Australian Pay and Classification Scale (within the meaning given by the Workplace Relations Act 1996), or\n\nSchedule 19 Amendments of Parliamentary Service Act 1999\n\n(regulation 3)\n\n\\[1\\] Section 7, definition of AWA\n\nsubstitute\n\n> APCS has the meaning given by the Workplace Relations Act 1996.\n\n> Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.\n\n\\[2\\] Section 7, definition of certified agreement\n\nomit\n\n\\[3\\] Section 7, after definition of Code of Conduct\n\ninsert\n\n> collective agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[4\\] Section 7, after definition of Parliamentary Service Values\n\ninsert\n\n> pre‑reform AWA has the meaning given by the Workplace Relations Act 1996.\n\n> pre‑reform certified agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[5\\] Section 7, after definition of SES employee\n\ninsert\n\n> workplace agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[6\\] Subsection 23(2)\n\nomit\n\naward,\n\ninsert\n\nAPCS,\n\n\\[7\\] Subsection 23(5)\n\nomit\n\naward, certified agreement or AWA\n\ninsert\n\nAPCS, workplace agreement, pre‑reform certified agreement or pre‑reform AWA\n\n\\[8\\] Subsection 24(1)\n\nomit\n\nan award, certified agreement or AWA.\n\ninsert\n\nthe Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA.\n\n\\[9\\] Subsection 24(2)\n\nomit\n\nan award or certified agreement,\n\ninsert\n\nthe Australian Fair Pay and Conditions Standard or an award, collective agreement or pre‑reform certified agreement,\n\nSchedule 20 Amendment of Australian Film Commission Act 1975\n\n(regulation 3)\n\n\\[1\\] Subsection 40B(3)\n\nomit\n\n(other than an industrial award)\n\ninsert\n\n(other than the Australian Fair Pay and Conditions Standard or an award or transitional award within the meaning given by the Workplace Relations Act 1996)\n\nSchedule 21 Amendments of Telstra (Transition to Full Private Ownership) Act 2005\n\n(regulation 3)\n\n\\[1\\] Schedule 1, item 64, proposed subsection 9A(2) of the Telstra Corporation Act 1991, after definition of employee\n\ninsert\n\n> industrial instrument means any of the following (within the meanings given by the Workplace Relations Act 1996):\n\n(a) a workplace agreement;\n\n(b) an award or a variation or order affecting an award;\n\n(c) a transitional award or a variation or order affecting a transitional award;\n\n(d) a pre‑reform AWA;\n\n(e) a pre‑reform certified agreement;\n\n(f) a preserved State agreement;\n\n(g) a notional agreement preserving State awards.\n\n\\[2\\] Schedule 1, item 64, proposed subsection 9A(2) of the Telstra Corporation Act 1991, definition of law, paragraph (b)\n\nomit\n\n(other than an award, determination or industrial agreement)\n\ninsert\n\n(other than a determination or industrial instrument)\n\n\\[3\\] Schedule 1, item 64, proposed subsection 9A(2) of the Telstra Corporation Act 1991, definition of post‑sale long service leave rights\n\nomit\n\nan award, determination, industrial agreement\n\ninsert\n\na determination or industrial instrument\n\nSchedule 22 Amendments of Petroleum (Submerged Lands) Act 1967\n\n(regulation 3)\n\n\\[1\\] Schedule 7, clause 2, definition of workforce representative, paragraph (a)\n\nafter\n\na registered organisation\n\ninsert\n\nor a transitionally registered association (within the meaning given by Schedule 10 to the Workplace Relations Act 1996)\n\n\\[2\\] Schedule 7, clause 2, definition of workforce representative, paragraph (b)\n\nafter\n\na registered organisation\n\ninsert\n\nor a transitionally registered association (within the meaning given by Schedule 10 to the Workplace Relations Act 1996)\n\nSchedule 23 Amendments of Snowy Hydro Corporatisation Act 1997\n\n(regulation 3)\n\n\\[1\\] Paragraph 23(5)(c)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\n, as in force immediately before the reform commencement within the meaning given by that Act\n\n\\[2\\] Paragraph 23(5)(d)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\n, as in force immediately before the reform commencement within the meaning given by that Act\n\nSchedule 24 Amendment of Tourism Australia (Repeal and Transitional Provisions) Act 2004\n\n(regulation 3)\n\n\\[1\\] Paragraph 13(4)(b)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\n, as in force immediately before the reform commencement within the meaning given by that Act\n\nSchedule 25 Amendment of Dairy Industry Service Reform Act 2003\n\n(regulation 3)\n\n\\[1\\] Paragraph 21(5)(b)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\n, as in force immediately before the reform commencement within the meaning given by that Act\n\nSchedule 26 Amendment of Horticulture Marketing and Research and Development Services (Repeals and Consequential Provisions) Act 2000\n\n(regulation 3)\n\n\\[1\\] Paragraph 25(4)(b)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\n, as in force immediately before the reform commencement within the meaning given by that Act\n\nSchedule 27 Amendments of Public Service Act 1999\n\n(regulation 3)\n\n\\[1\\] Section 7, after definition of Agency Minister\n\ninsert\n\n> APCS has the meaning given by the Workplace Relations Act 1996.\n\n\\[2\\] Section 7, definition of AWA\n\nomit\n\n\\[3\\] Section 7, after definition of award\n\ninsert\n\n> Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.\n\n\\[4\\] Section 7, definition of certified agreement\n\nomit\n\n\\[5\\] Section 7, after definition of Code of Conduct\n\ninsert\n\n> collective agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[6\\] Section 7, after definition of overseas\n\ninsert\n\n> pre‑reform AWA has the meaning given by the Workplace Relations Act 1996.\n\n> pre‑reform certified agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[7\\] Section 7, after definition of Statutory Agency\n\n> insert\n\n> workplace agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[8\\] Subsection 23(2)\n\nomit\n\naward,\n\ninsert\n\nAPCS,\n\n\\[9\\] Subsection 23(5)\n\nomit\n\naward, certified agreement or AWA\n\ninsert\n\nAPCS, workplace agreement, pre‑reform certified agreement or pre‑reform AWA\n\n\\[10\\] Subsection 24(1)\n\nomit\n\nan award, certified agreement or AWA.\n\ninsert\n\nthe Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA.\n\n\\[11\\] Subsection 24(2)\n\nomit\n\nan award or certified agreement,\n\ninsert\n\nthe Australian Fair Pay and Conditions Standard or an award, collective agreement or pre‑reform certified agreement,\n\n\\[12\\] Paragraph 72(3)(a)\n\nsubstitute\n\n(a) the Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA; or\n\n\\[13\\] Subsection 72(4)\n\nomit each mention of\n\nvariation\n\ninsert\n\nchange\n\n\\[14\\] Paragraph 72(4)(a)\n\nsubstitute\n\n(a) results from:\n\n(i) the making or variation of an award or workplace agreement; or\n\n(ii) an adjustment or variation of the Australian Fair Pay and Conditions Standard; or\n\n(iii) the termination or replacement of a pre‑reform certified agreement or pre‑reform AWA; and\n\nSchedule 28 Amendment of Life Insurance Act 1995\n\n(regulation 3)\n\n\\[1\\] Paragraph 11(3)(b)\n\nsubstitute\n\n(b) business in relation to the benefits provided for its members or their dependants by an association of employees that is:\n\n(i) an organisation within the meaning of Schedule 1 to the Workplace Relations Act 1996; or\n\n(ii) a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996;\n\nSchedule 29 Amendment of Administrative Decisions (Judicial Review) Act 1977\n\n(regulation 3)\n\n\\[1\\] Schedule 2, paragraph (u)\n\nomit\n\nthe prevention or settlement of industrial disputes, or otherwise relating to\n\nSchedule 30 Amendment of Age Discrimination Act 2004\n\n(regulation 3)\n\n\\[1\\] Subsection 39(8), including the subheading\n\nsubstitute\n\nWorkplace relations\n\n(8) This Part does not make unlawful anything done by a person in direct compliance with any of the following:\n\n(a) an order, decision or award of a court or tribunal having power to fix minimum wages;\n\n(b) any of the following instruments (an industrial instrument) within the meaning given by the Workplace Relations Act 1996:\n\n(i) an award or a variation or order affecting an award;\n\n(ii) a transitional award or a variation or order affecting a transitional award;\n\n(iii) a pre‑reform certified agreement;\n\n(iv) a notional agreement preserving State awards.\n\n> Note A person does not comply with an industrial instrument for the purpose of subsection (1) if that person purports to comply with a provision of that instrument that is void (for example, a term of a pre‑reform certified agreement is void to the extent that it contains prohibited content prescribed for section 356 of the Workplace Relations Act 1996: see section 358 of that Act). Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.\n\nSchedule 31 Amendments of Australian Federal Police Act 1979\n\n(regulation 3)\n\n\\[1\\] Subsection 4(1), definition of Australian workplace agreement\n\nomit\n\n\\[2\\] Subsection 4(1), definition of certified agreement\n\nomit\n\n\\[3\\] Section 27, including the subheadings\n\nsubstitute\n\n27 Remuneration and other conditions\n\n(1) The Commissioner may from time to time determine in writing the remuneration and other terms and conditions of employment applying to an AFP employee, other than:\n\n(a) terms and conditions of employment that the Commissioner may determine under subsection 40H(2); or\n\n(b) accommodation arrangements that are to apply to an AFP employee, and allowances an AFP employee is to be paid, while the employee is performing duties of the kind covered by paragraph 40H(3)(b).\n\nApplication etc. of industrial instrument\n\n(2) A determination under subsection (1) may apply, adopt or incorporate, with or without modification, any of the provisions of an industrial instrument, as in force at a particular time or as in force from time to time.\n\nIndustrial instrument prevails over a determination under subsection (1)\n\n(3) An industrial instrument overrides any determination under subsection (1), to the extent of any inconsistency.\n\nInterpretation\n\n(4) In this section:\n\n> industrial instrument means any of the following instruments within the meaning given by the Workplace Relations Act 1996:\n\n(a) a workplace agreement;\n\n(b) an award or a variation or order affecting an award;\n\n(c) a transitional award or a variation or order affecting a transitional award;\n\n(d) a pre‑reform AWA;\n\n(e) a pre‑reform certified agreement.\n\n> Note A determination under section (1) must not provide less than the minimum entitlements of employment under the Australian Fair Pay and Conditions Standard, within the meaning given by the Workplace Relations Act 1996.\n\n\\[4\\] Subsection 69B(1)\n\nomit\n\n(other than Part VIIIA or XA)\n\ninsert\n\n(other than Division 9 of Part 9 or Part 16)\n\n\\[5\\] Subsection 69B(2)\n\nomit\n\n(other than Division 3 of Part VIA)\n\ninsert\n\n(other than Division 4 of Part 12)\n\nSchedule 32 Amendments of Bankruptcy Act 1966\n\n(regulation 3)\n\n\\[1\\] Paragraph 109(1)(e)\n\nomit\n\na contract of employment or under an award or agreement regulating conditions of employment,\n\ninsert\n\na contract of employment or under an award or agreement, regulating conditions of employment, or the Australian Fair Pay and Conditions Standard (within the meaning given by the Workplace Relations Act 1996),\n\n\\[2\\] Subparagraph 139Y(1)(b)(i)\n\nsubstitute\n\n(i) in the case of employment where an industrial award or agreement, or the Australian Fair Pay and Conditions Standard (within the meaning given by the Workplace Relations Act 1996), prescribes rates or minimum rates of salary or wages for the employment—might reasonably be expected to be or to have been received by the bankrupt in respect of the employment by virtue of that industrial award or agreement, or the Australian Fair Pay and Conditions Standard; or\n\nSchedule 33 Amendment of Crimes Act 1914\n\n(regulation 3)\n\n\\[1\\] Section 85ZL, definition of Commonwealth authority, subparagraph (c)(ii)\n\nsubstitute\n\n(ii) an organisation within the meaning of Schedule 1 to the Workplace Relations Act 1996 or a branch of such an organisation; or\n\n(iii) a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996;\n\nSchedule 34 Amendments of Criminal Code Act 1995\n\n(regulation 3)\n\n\\[1\\] Dictionary, definition of Commonwealth authority, subparagraph (a)(vi)\n\nsubstitute\n\n(vi) Part 2 of Chapter 2 of Schedule 1 to the Workplace Relations Act 1996; or\n\n(vii) Schedule 10 to the Workplace Relations Act 1996; or\n\n\\[2\\] Dictionary, definition of Commonwealth public official, subparagraph (n)(vi)\n\nsubstitute\n\n(vi) Part 2 of Chapter 2 of Schedule 1 to the Workplace Relations Act 1996; or\n\n(vii) Schedule 10 to the Workplace Relations Act 1996; or\n\nSchedule 35 Amendments of Disability Discrimination Act 1992\n\n(regulation 3)\n\n\\[1\\] Subsection 4(1), definition of Commonwealth law, paragraph (c)\n\nsubstitute\n\n(c) an order or award made under a law referred to in paragraph (a) or (b); or\n\n(d) a decision of the Australian Fair Pay Commission (within the meaning of the Workplace Relations Act 1996).\n\n\\[2\\] Subsection 4(1), definition of registered organisation\n\nsubstitute\n\n> registered organisation means:\n\n(a) an organisation within the meaning of Part 2 of Chapter 2 of Schedule 1 to the Workplace Relations Act 1996; or\n\n(b) a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996.\n\nSchedule 36 Amendment of Freedom of Information Act 1982\n\n(regulation 3)\n\n\\[1\\] Schedule 1\n\nafter\n\nAustralian Industrial Relations Commission\n\ninsert\n\nAustralian Fair Pay Commission\n\nSchedule 37 Amendments of Human Rights and Equal Opportunity Commission Act 1986\n\n(regulation 3)\n\n\\[1\\] Subsection 3(1), definition of trade union, paragraph (a)\n\nsubstitute\n\n(a) an organisation of employees that is:\n\n(i) a registered organisation within the meaning of Schedule 1 to the Workplace Relations Act 1996; or\n\n(ii) a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996.\n\n\\[2\\] Section 46PW\n\nsubstitute\n\n46PW Referral of discriminatory industrial instruments to the Australian Industrial Relations Commission\n\n(1) A complaint in writing alleging that a person has done a discriminatory act under an industrial instrument may be lodged with the Commission by:\n\n(a) a person aggrieved by the act, on that person’s own behalf or on behalf of that person and one or more other persons aggrieved by the act; or\n\n(b) 2 or more persons aggrieved by the act, on their own behalf or on behalf of themselves and one or more other persons aggrieved by the act; or\n\n(c) a person or persons who are in a class of persons aggrieved by the act, on behalf of all the persons in the class; or\n\n(d) a trade union, on behalf of one or more of its members aggrieved by the act or on behalf of a class of its members aggrieved by the act.\n\n(2) If the Commission receives a complaint under this section, the Commission must notify the President accordingly.\n\n(3) If it appears to the President that the act is a discriminatory act, the President must refer the industrial instrument to the Australian Industrial Relations Commission. However, the President need not refer the industrial instrument if the President is of the opinion that the complaint is frivolous, vexatious, misconceived or lacking in substance.\n\n(4) If the President decides not to refer the industrial instrument, the President must give notice in writing of that decision to the complainant or each of the complainants, together with notice of the reasons for the decision.\n\n(5) If the President refers the industrial instrument to the Australian Industrial Relations Commission, the President must give notice in writing of the outcome of the referral to the complainant or each of the complainants.\n\n(6) The President may obtain documents or information under section 46PI for the purposes of this section.\n\n(7) In this section:\n\n> discriminatory act under an industrial instrument means an act that would be unlawful under Part II of the Sex Discrimination Act 1984 except for the fact that the act was done in direct compliance with an industrial instrument.\n\n> industrial instrument includes any of the following instruments within the meaning given by the Workplace Relations Act 1996:\n\n(a) a collective agreement;\n\n(b) an award or a variation or order affecting an award;\n\n(c) a transitional award or a variation or order affecting a transitional award;\n\n(d) a pre‑reform certified agreement;\n\n(e) a Preserved State Agreement;\n\n(f) a notional agreement preserving State awards.\n\n(8) For the purposes of the definition of discriminatory act under an industrial instrument in subsection (7), the fact that an act is done in direct compliance with the industrial instrument does not of itself mean that the act is reasonable.\n\nSchedule 38 Amendment of Jury Exemption Act 1965\n\n(regulation 3)\n\n\\[1\\] The Schedule\n\nafter\n\nMembers of the Australian Industrial Relations Commission\n\ninsert\n\nMembers of the Australian Fair Pay Commission\n\nSchedule 39 Amendment of Legislative Instruments Act 2003\n\n(regulation 3)\n\n\\[1\\] Subsection 7(1), table, after item 18\n\ninsert\n\n| 18A | Decisions of the Australian Fair Pay Commission |\n| --- | ----------------------------------------------- |\n\nSchedule 40 Amendments of Sex Discrimination Act 1984\n\n(regulation 3)\n\n\\[1\\] Subsection 4(1), definition of Commonwealth law, paragraph (c)\n\nsubstitute\n\n(c) an order or award made under or pursuant to a law referred to in paragraph (a) or (b); or\n\n(d) a decision of the Australian Fair Pay Commission (within the meaning of the Workplace Relations Act 1996).\n\n\\[2\\] Subsection 4(1), definition of registered organization\n\nsubstitute\n\n> registered organization means:\n\n(a) a registered organisation within the meaning of Schedule 1 to the Workplace Relations Act 1996; or\n\n(b) a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996.\n\n\\[3\\] Paragraph 40(1)(f)\n\nsubstitute\n\n(f) a decision of the Australian Fair Pay Commission (within the meaning of the Workplace Relations Act 1996); or\n\n(g) any of the following instruments (an industrial instrument) within the meaning given by the Workplace Relations Act 1996:\n\n(i) an award or a variation or order affecting an award;\n\n(ii) a transitional award or a variation or order affecting a transitional award;\n\n(iii) a pre‑reform certified agreement;\n\n(iv) a notional agreement preserving State awards.\n\n> Note A person does not comply with an industrial instrument for the purpose of subsection (1) if that person purports to comply with a provision of that instrument that is void (for example, a term of a pre‑reform certified agreement is void to the extent that it contains prohibited content prescribed for section 356 of the Workplace Relations Act 1996: see section 358 of that Act). Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.\n\n\\[4\\] Section 109\n\nomit\n\nsection 121\n\ninsert\n\nsection 116\n\nSchedule 41 Amendments of Skilling Australia’s Workforce Act 2005\n\n(regulation 3)\n\n\\[1\\] Subsection 3(1), definition of certified agreement\n\nomit\n\n\\[2\\] Subsection 3(1), definition of industrial association\n\nomit\n\nsubsection 88AF(6) of\n\n\\[3\\] Subsection 3(1), definition of industrial instrument\n\nafter\n\nas in\n\ninsert\n\nsection 779 of\n\n\\[4\\] Subsection 3(1), after definition of VET provider\n\ninsert\n\n> workplace agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[5\\] Paragraph 12(1)(b)\n\nomit\n\nmaking such agreements under the Workplace Relations Act 1996 is not possible because of the corporate status of the TAFE institution,\n\ninsert\n\nthe Workplace Relations Act 1996 does not apply,\n\n\\[6\\] Subsection 12(2)\n\nomit\n\ncertified agreements\n\ninsert\n\npre‑reform certified agreements (within the meaning given by the Workplace Relations Act 1996)\n\n\\[7\\] Subsection 12(3)\n\nomit\n\ncertified agreements or other industrial instruments made, approved or certified\n\ninsert\n\npre‑reform certified agreements, workplace agreements or other industrial instruments made or lodged\n\n\\[8\\] Subsection 12(4)\n\nomit\n\ncertified agreement\n\ninsert\n\npre‑reform certified agreement\n\nSchedule 42 Amendments of Commonwealth Serum Laboratories Act 1961\n\n(regulation 3)\n\n\\[1\\] Subsection 27(1)\n\nomit\n\naward, determination or agreement\n\ninsert\n\ndetermination or industrial instrument\n\n\\[2\\] After subsection 27(4)\n\ninsert\n\n(5) In this section:\n\n> industrial instrument means any of the following instruments within the meaning given by the Workplace Relations Act 1996:\n\n(a) a workplace agreement;\n\n(b) an award or a variation or order affecting an award;\n\n(c) a transitional award or a variation or order affecting a transitional award;\n\n(d) a pre‑reform AWA;\n\n(e) a pre‑reform certified agreement.\n\n\\[3\\] Paragraph 29(2)(b)\n\nomit\n\naward, determination or agreement.\n\ninsert\n\ndetermination or industrial instrument.\n\n\\[4\\] Subsection 29(3), before definition of terms and conditions\n\ninsert\n\n> industrial instrument means any of the following instruments within the meaning given by the Workplace Relations Act 1996:\n\n(a) a workplace agreement;\n\n(b) an award or a variation or order affecting an award;\n\n(c) a transitional award or a variation or order affecting a transitional award;\n\n(d) a pre‑reform AWA;\n\n(e) a pre‑reform certified agreement.\n\nSchedule 43 Amendments of Health Insurance Commission (Reform and Separation of Functions) Act 1997\n\n(regulation 3)\n\n\\[1\\] Paragraph 22(2)(b)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\nas in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005\n\n\\[2\\] Paragraph 22(2)(c)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\nas in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005\n\n\\[3\\] Paragraph 22(2)(d)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\nas in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005\n\n\\[4\\] Paragraph 22(2)(e)\n\nsubstitute\n\n(e) an old IR agreement within the meaning given by Schedule 7 to the Workplace Agreement 1996.\n\n\\[5\\] Paragraph 26(1)(b)\n\nomit\n\naward, determination or agreement.\n\ninsert\n\ndetermination or industrial instrument.\n\n\\[6\\] Subsection 26(2), before definition of vary\n\ninsert\n\n> industrial instrument means any of the following instruments within the meaning given by the Workplace Relations Act 1996:\n\n(a) a workplace agreement;\n\n(b) an award or a variation or order affecting an award;\n\n(c) a transitional award or a variation or order affecting a transitional award;\n\n(d) a pre‑reform AWA;\n\n(e) a pre‑reform certified agreement.\n\n\\[7\\] Paragraph 29(2)(c)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\nas in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005\n\n\\[8\\] Paragraph 29(2)(d)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\nas in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005\n\n\\[9\\] Paragraph 29(2)(e)\n\nafter\n\nWorkplace Relations Act 1996\n\ninsert\n\nas in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005\n\n\\[10\\] Paragraph 33(1)(b)\n\nomit\n\naward, determination or agreement.\n\ninsert\n\ndetermination or industrial instrument.\n\n\\[11\\] Subsection 33(2), before definition of vary\n\ninsert\n\n> industrial instrument means any of the following instruments within the meaning given by the Workplace Relations Act 1996:\n\n(a) a workplace agreement;\n\n(b) an award or a variation or order affecting an award;\n\n(c) a transitional award or a variation or order affecting a transitional award;\n\n(d) a pre‑reform AWA;\n\n(e) a pre‑reform certified agreement.\n\nSchedule 44 Amendment of National Health Act 1953\n\n(regulation 3)\n\n\\[1\\] Subsection 98B(5)\n\nsubstitute\n\n(5) In determining fees or other amounts referred to in paragraph (2)(c), and in approving criteria under subsection (4), the Tribunal must have regard to:\n\n(a) wage‑setting decisions of the Australian Fair Pay Commission, and in particular, any statements by the Australian Fair Pay Commission about the effect of wage increases on productivity, inflation and levels of employment; or\n\n(b) if the Australian Fair Pay Commission has not yet made its first wage‑setting decision—the Statement of Principles enunciated by the Australian Industrial Relations Commission in its 2005 Safety Net Review Decision.\n\nSchedule 45 Amendment of Christmas Island Act 1958\n\n(regulation 3)\n\n\\[1\\] Section 8F\n\nomit\n\nSchedule 46 Amendment of Cocos (Keeling) Islands Act 1955\n\n(regulation 3)\n\n\\[1\\] Section 8F\n\nomit\n\nSchedule 47 Amendments of Navigation Act 1912\n\n(regulation 3)\n\n\\[1\\] Paragraph 135(a)\n\nafter\n\nthat Act\n\ninsert\n\nas in force immediately before the commencement of Schedule 1 to the Workplace Relations Amendment (Work Choices) Act 2005\n\n\\[2\\] Paragraph 138(2)(b)\n\nsubstitute\n\n(b) the owner, or an association of seamen that is:\n\n(i) a registered organisation within the meaning of Schedule 1 to the Workplace Relations Act 1996; or\n\n(ii) a transitionally registered association within the meaning of Schedule 10 to the Workplace Relations Act 1996;\n\nrequests the Marine Council to hear and determine the question;\n\n\\[3\\] Section 292\n\nsubstitute\n\n292 Evidence of rates of wages\n\nAn Australian Pay and Classification Scale (or APCS) or a transitional award within the meaning of the Workplace Relations Act 1996 which is binding on or applicable to seamen employed in any part of the coasting trade is prima facie evidence of the rates of wages in Australia for those seamen.\n\nSchedule 48 Amendments of Australian Capital Territory (Self‑Government) Act 1988\n\n(regulation 3)\n\n\\[1\\] Subsection 28(2), definition of law, paragraph (b)\n\nomit\n\naward,\n\n\\[2\\] Subsection 28(2), after definition of law\n\ninsert\n\n> Note Section 17 of the Workplace Relations Act 1996 deals with inconsistency between awards and agreements made under that Act, and laws of the Territory.\n\nSchedule 49 Amendments of Seat of Government (Administration) Act 1910\n\n(regulation 3)\n\n\\[1\\] Subsections 5(1) and (2)\n\nomit\n\n\\[2\\] Subsection 5(3)\n\nomit\n\n(other than powers in relation to industrial issues referred to in paragraph 5(3)(d) of the Workplace Relations Act 1996)\n\n\\[3\\] Subsection 5(5)\n\nsubstitute\n\n(5) If an Ordinance under this Act, or an enactment, is inconsistent with:\n\n(a) a provision of the Workplace Relations Act 1996; or\n\n(b) an agreement, award, order or determination made under the Workplace Relations Act 1996;\n\nthe provision, agreement, award, order or determination prevails, and the Ordinance or enactment is, to the extent of the inconsistency, invalid.\n\nSchedule 50 Amendment of Fringe Benefits Tax Assessment Act 1986\n\n(regulation 3)\n\n\\[1\\] Paragraph 65J(1)(f)\n\nafter\n\nunder\n\ninsert\n\nthe Workplace Relations Act 1996 or\n\nSchedule 51 Amendments of Income Tax Assessment Act 1997\n\n(regulation 3)\n\n\\[1\\] Paragraph 26‑80(4)(c)\n\nomit\n\nan industrial award or determination\n\ninsert\n\nan industrial award, determination or notional agreement preserving State awards (within the meaning given by Schedule 8 to the Workplace Relations Act 1996)\n\n\\[2\\] Subsection 26‑80(4)\n\nomit\n\nthe industrial award or determination.\n\ninsert\n\nthe industrial award, determination or notional agreement preserving State awards.\n\n\\[3\\] Subsection 26‑80(4), note\n\nomit\n\nan Australian Workplace Agreement or a Certified Agreement,\n\ninsert\n\nan Australian Workplace Agreement, Collective Agreement or preserved State agreement under the Workplace Relations Act 1996,\n\n\\[4\\] Section 50‑15, item 3.1, column 3, paragraph (a)\n\nafter\n\nunder\n\ninsert\n\nthe Workplace Relations Act 1996 or\n\nSchedule 52 Amendments of Northern Territory (Self‑Government) Act 1978\n\n(regulation 3)\n\n\\[1\\] Subsections 53(1) and (2)\n\nomit\n\n\\[2\\] Subsection 53(7)\n\nsubstitute\n\n(7) A determination mentioned in paragraph 6(b) is taken to be a law of the Territory within the meaning of section 17 of the Workplace Relations Act 1996.\n\nSchedule 53 Amendment of Workplace Relations Act 1996\n\n(regulation 3)\n\n> Note This Schedule commences on the commencement of Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005, which renumbers the Workplace Relations Act 1996. Therefore, this Schedule refers to provisions of the Workplace Relations Act by their numbers after the renumbering takes place.\n\n\\[1\\] Subsection 665(9), note\n\nomit\n\nsections 170MU and 298K.\n\ninsert\n\nsections 448 and 792.\n\n  \n\nSchedule 54 Amendments of Naval Defence Act 1910\n\n(regulation 3)\n\n\\[1\\] Section 40, before definition of authorized person\n\ninsert\n\n> Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.\n\n\\[2\\] Subsection 42D(3)\n\nomit\n\n(other than an industrial award)\n\ninsert\n\n(other than the Australian Fair Pay and Conditions Standard or an industrial award)\n\n  \n\nSchedule 55 Amendment of Bankruptcy Regulations 1996\n\n(regulation 3)\n\n\\[1\\] Subparagraph 6.12B (1) (b) (ii)\n\nsubstitute\n\n(ii) an industrial agreement registered, made or lodged under a law of the Commonwealth, a State or a Territory; or\n\n  \n\nSchedule 56 Amendments of Federal Magistrates Regulations 2000\n\n(regulation 3)\n\n\\[1\\] Paragraph 7 (2) (f)\n\nomit\n\n1986.\n\ninsert\n\n1986;\n\n\\[2\\] After paragraph 7 (2) (f)\n\ninsert\n\n(g) an application under section 663 of the Workplace Relations Act 1996 (except the filing fee mentioned in item 12 of Schedule 1).\n\n\\[3\\] Regulation 14\n\nomit\n\nitems 2 and 9\n\ninsert\n\nitems 2, 9 and 12\n\n\\[4\\] Subregulation 15 (1), definition of fee\n\nomit\n\nitem 2 or 9\n\ninsert\n\nitem 2, 9 or 12\n\n\\[5\\] Schedule 1, after item 11\n\ninsert\n\n| 12  | Filing of an application under section 663 of the Workplace Relations Act 1996 | The fee payable under subsection 644 (2) or (3) of the Workplace Relations Act 1996 |\n| --- | ------------------------------------------------------------------------------ | ----------------------------------------------------------------------------------- |\n\n\\[6\\] Schedule 1, note\n\nomit\n\nitems 2 and 9\n\ninsert\n\nitems 2, 9 and 12\n\n  \n\nSchedule 57 Amendments of Public Service Regulations 1999\n\n(regulation 3)\n\n\\[1\\] Subregulation 3.11 (2)\n\nsubstitute\n\n(2) If:\n\n(a) an award; or\n\n(b) a workplace agreement; or\n\n(c) a pre‑reform certified agreement; or\n\n(d) a pre‑reform AWA;\n\nsets out procedures that apply to the termination of the non‑ongoing APS employee, the procedures apply to the termination of the engagement of the employee unless the procedures are prohibited content (within the meaning given by the Workplace Relations Act 1996).\n\n\\[2\\] Paragraphs 3.15 (7) (a) and (b)\n\nsubstitute\n\n(a) calculation of leave entitlements under the Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA that applies to the employee; or\n\n(b) calculation of the employee’s redundancy pay, however described, under an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA that applies to the employee.\n\n\\[3\\] Subregulation 8.1 (3), note\n\nsubstitute\n\n> Note A determination by an Agency Head under subsection 24 (1) of the Act is of no effect to the extent that it would reduce the benefit to an APS employee of a condition of employment applicable to the employee under the Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA.\n\n\\[4\\] Subregulation 8.1 (4)\n\nsubstitute\n\n(4) However, if:\n\n(a) a determination mentioned in paragraph (3) (b) applies to the APS employee; and\n\n(b) an award or workplace agreement:\n\n(i) commences on or after the day when the APS employee moves; and\n\n(ii) applies on its face to the APS employee or a class of APS employees that includes the APS employee;\n\nthe determination mentioned in paragraph (3) (b) ceases to apply to the APS employee, and the conditions of employment under the award or workplace agreement (as the case may be) apply to the APS employee.\n\n\\[6\\] Subregulation 8.2 (2), note\n\nsubstitute\n\n> Note A determination by an Agency Head under subsection 24 (1) of the Act is of no effect to the extent that it would reduce the benefit to an APS employee of a condition of employment applicable to the employee under the Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA.\n\n\\[7\\] Subregulation 8.2 (3)\n\nsubstitute\n\n(3) However, if:\n\n(a) a determination mentioned in paragraph (2) (b) applies to the APS employee; and\n\n(b) an award or workplace agreement:\n\n(i) commences on or after the day when the person becomes engaged as an APS employee; and\n\n(ii) applies on its face to the person as an APS employee or a class of APS employees that includes the person;\n\nthe determination mentioned in paragraph (2) (b) ceases to apply to the APS employee, and the conditions of employment under the award or workplace agreement (as the case may be) apply to the APS employee.\n\n\\[9\\] Dictionary, after definition of \\*APS Values\n\ninsert\n\n> Australian Fair Pay and Conditions Standard has the meaning given by the Workplace Relations Act 1996.\n\n\\[10\\] Dictionary, definition of \\*certified agreement\n\nomit\n\n\\[11\\] Dictionary, after definition of pre‑move Agency Head\n\ninsert\n\n> pre‑reform AWA has the meaning given by the Workplace Relations Act 1996.\n\n> pre‑reform certified agreement has the meaning given by the Workplace Relations Act 1996.\n\n\\[12\\] Dictionary, after definition of Tribunal\n\ninsert\n\n> workplace agreement has the meaning given by the Workplace Relations Act 1996.\n\n  \n\nSchedule 58 Amendments of Public Employment (Consequential and Transitional) Regulations 1999\n\n(regulation 3)\n\n\\[1\\] Dictionary, definition of AWA\n\nsubstitute\n\n> AWA has the meaning it had under the Workplace Relations Act 1996 at the commencing time.\n\n\\[2\\] Dictionary, definition of award\n\nsubstitute\n\n> award has the meaning it had under the Workplace Relations Act 1996 at the commencing time.\n\n\\[3\\] Dictionary, definition of certified agreement\n\nsubstitute\n\n> certified agreement has the meaning it had under the Workplace Relations Act 1996 at the commencing time.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":3469},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation began as amendments to the Workplace Relations Act itself, but these regulations demonstrate how the reforms expanded to touch virtually every area of Commonwealth law involving employment. The scope grew to encompass social security eligibility criteria, bankruptcy protections, superannuation guarantee rules, discrimination exemptions, and defence force conditions, effectively making the Work Choices framework the central reference point for all Commonwealth employment-related law."},"complexity_factors":["58 separate schedules each amending different principal legislation","Extensive network of cross-references to the Workplace Relations Act 1996 and its new definitions","Multiple overlapping categories of transitional industrial instruments (pre-reform AWAs, pre-reform certified agreements, preserved State agreements, notional agreements preserving State awards)","Mechanical amendments requiring precise alignment of terminology across disparate subject matters (taxation, social security, criminal law, discrimination)","Conditional commencement provisions linking amendments to different commencement dates of the parent Act"],"plain_english_summary":"This \"tidy-up\" regulation updates dozens of Commonwealth statutes to align them with the Work Choices reforms, replacing obsolete industrial-relations terms and institutions with Work Choices language and concepts (including the Australian Fair Pay and Conditions Standard and the Australian Fair Pay Commission).\n\nIt affects anyone dealt with under Commonwealth laws touching employment — welfare recipients, bankrupts, public servants and regulated-industry employers — and matters because it keeps social‑security tests, pay rules and other legal references consistent with current workplace arrangements."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These regulations operate as consequential/amending measures to align Commonwealth laws with the Workplace Relations Amendment (Work Choices) Act 2005 (see regulation 3 and Schedules 1–58). They do not enlarge the policy scope beyond those consequential adjustments, but they do introduce new institutional references and transitional definitions and shift decision‑making mechanisms (for example, wage‑setting references to the Australian Fair Pay Commission and the Australian Fair Pay and Conditions Standard)."},"complexity_factors":["Breadth of amendment: consequential changes touch 58 schedules and dozens of Acts and regulations (regulation 3; Schedules 1–58).","Cross‑referencing and renumbering: provisions reference the Workplace Relations Act both before and after renumbering, creating timing and interpretive complexity (regulation 2; Schedule notes to Schedule 1 and Schedule 53).","New institutions and standards: insertion of the Australian Fair Pay Commission, Australian Fair Pay and Conditions Standard and Australian Pay and Classification Scales across many statutes (e.g. Schedule 3 items 2–7; many other schedules).","Transitional and 'pre‑reform' instruments: repeated treatment of pre‑reform certified agreements, AWAs, preserved State agreements and notional agreements (numerous schedules, e.g. Schedule 3 item 13; Schedule 17 s12A), complicating application to legacy contracts.","Jurisdictional and procedural impacts: amendments change references to courts and tribunals (including Federal Magistrates Court) and filing fees, altering dispute‑resolution routes and administrative processes (e.g. Schedule 12, Schedule 56).","Compliance burden on employers and agencies: updates required to contracts, superannuation choice procedures, payroll and statutory forms (e.g. Schedule 17 s32N notes; Schedule 57 Public Service Regulations changes).","Interpretive risk: many definitions and exemptions (direct compliance with industrial instruments, prohibited content) are rephrased across anti‑discrimination, penal and administrative Acts, increasing litigation and advisory demand (e.g. Schedules 30, 35, 40, 37).","Concentrated drafting detail: mixture of substantive replacements (definitions, new examples) and minor textual edits increases the chance of drafting inconsistencies and downstream corrections (multiple single‑line substitutions across schedules)."],"plain_english_summary":"This instrument makes consequential amendments across dozens of Commonwealth Acts and regulations so those laws use the updated Workplace Relations Act terminology, institutions (Australian Fair Pay Commission, Australian Fair Pay and Conditions Standard, Australian Pay and Classification Scales) and the Act’s renumbering. It affects employers, employees, unions, agencies and courts by changing definitions, jurisdictional references and compliance triggers. It matters because it reallocates who sets minimum wages and requires widespread statutory, administrative and contractual updates (see regs 2–3 and Schedules 1–58)."}},"importantCases":[],"_links":{"self":"/api/acts/workplace-relations-amendment-work-choices-consequential-amendments-regulations-2006-no-1","history":"/api/acts/workplace-relations-amendment-work-choices-consequential-amendments-regulations-2006-no-1/history","analysis":"/api/acts/workplace-relations-amendment-work-choices-consequential-amendments-regulations-2006-no-1/analysis","conflicts":"/api/acts/workplace-relations-amendment-work-choices-consequential-amendments-regulations-2006-no-1/conflicts","importantCases":"/api/acts/workplace-relations-amendment-work-choices-consequential-amendments-regulations-2006-no-1/important-cases","documents":"/api/acts/workplace-relations-amendment-work-choices-consequential-amendments-regulations-2006-no-1/documents"}}