Sch 11Modifications of Part VID of the Act as applied as a law of a State

Schedule 11 Modifications of Part VID of the Act as applied as a law of a State

(regulation 30ZN)

(subregulation 30ZN (1))

1101. Section 170VC (Scope of this Part)

1101.1 Omit ‘unless at least one’, substitute ‘if any’.

(subregulation 30ZN (2))

1151. Section 170VA (Interpretation)

1151.1 Definition of eligible court (paragraph (a)):

Omit the paragraph.

1152. Section 170VC (Scope of this Part)

1152.1 Add at the end:

‘; (g) none of the employee’s terms and conditions of employment are governed by:

(i) an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or

(ii) an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth);’.

1152.2 Add at the end:

‘(h) the employee is employed in one of the following:

(i) a department, or part of a department, of the State;

(ii) a public service office, or part of a public service office, of the State;

(iii) an agency, authority, commission, corporation, instrumentality, office or other entity established under a State Act or under State authorisation for a public or State purpose;

(iv) a part of an entity mentioned in subparagraph (iii);

(v) a court of the State of any jurisdiction;

(vi) a registry or other administrative office of a court of the State of any jurisdiction;

(vii) any parliamentary service of the State;

(viii) the Governor’s official household and its associated administrative unit;

(ix) the police service of the State.’.

1153. Section 170VS (AWA binds employer’s successor)

1153.1 Subsection 170VS (1):

Omit the subsection, substitute:

‘(1) If an employee who is a party to an AWA becomes an employee of a new employer because the new employer is a successor to the whole or any part of the previous employer’s business or undertaking, then the new employer replaces the previous employer as a party to the AWA from the succession time.’.

1153.2 After subsection 170VS (1), insert:

‘(1A) Despite subsection (1), a new employer will not become bound by an AWA if the new employer employs the employee in one of the following:

(a) a department, or part of a department, of the State;

(b) a public service office, or part of a public service office, of the State;