Fair Work (Commonwealth Powers) and Other Provisions Act 2009
sec.9Period for termination of references
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sec.9 Period for termination of references
Subject to subsection (2) , a day fixed by a proclamation under section 7 (1) must be no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published. If— a proclamation under section 7 (1) only provides for the termination of the amendment reference; and the Governor, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, the Commonwealth Fair Work Act — is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or has been amended; in a manner that is inconsistent with 1 or more of the fundamental workplace relations principles; the day fixed by the proclamation under section 7 (1) (b) may be earlier than the day that applies under subsection (1) but must be no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published. If the Governor fixes a day under subsection (2) , the Minister must, as soon as practicable after the publication of the relevant proclamation, prepare a report on the matter and cause a copy of the report to be laid before the Legislative Assembly. (sec.9-ssec.1) Subject to subsection (2) , a day fixed by a proclamation under section 7 (1) must be no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published. (sec.9-ssec.2) If— a proclamation under section 7 (1) only provides for the termination of the amendment reference; and the Governor, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, the Commonwealth Fair Work Act — is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or has been amended; in a manner that is inconsistent with 1 or more of the fundamental workplace relations principles; the day fixed by the proclamation under section 7 (1) (b) may be earlier than the day that applies under subsection (1) but must be no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published. (sec.9-ssec.3) If the Governor fixes a day under subsection (2) , the Minister must, as soon as practicable after the publication of the relevant proclamation, prepare a report on the matter and cause a copy of the report to be laid before the Legislative Assembly.
- (a) a proclamation under section 7 (1) only provides for the termination of the amendment reference; and
- (b) the Governor, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, the Commonwealth Fair Work Act — (i) is proposed to be amended (by an amendment introduced into the Parliament of the Commonwealth by a Commonwealth Minister); or (ii) has been amended; in a manner that is inconsistent with 1 or more of the fundamental workplace relations principles;