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; (c) 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; (d) a part of an entity mentioned in paragraph (c); (e) a court of the State of any jurisdiction; (f) a registry or other administrative office of a court of the State of any jurisdiction; (g) any parliamentary service of the State; (h) the Governor’s official household and its associated administrative unit; (i) the police service of the State.’. 1153.3 Before subsection 170VS (2), insert: ‘(1B) If: (a) an employee is a party to an agreement that, under this Act in its operation as a law of the Commonwealth, is an AWA (the AWA); and (b) the employee 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; and (c) at the succession time, none of the following apply: (i) the new employer is a constitutional corporation; (ii) the new employer is the Commonwealth; (iii) the employee’s primary workplace is in a Territory; (iv) the new employer is a waterside employer, the employee is a waterside worker and the employee’s employment is in connection with constitutional trade or commerce; (v) the employee is a maritime employee and the employee’s employment is in connection with constitutional trade or commerce; (vi) the employee is a flight crew officer and the employee’s employment is in connection with constitutional trade or commerce; then the new employer is taken to be a party to the AWA as if: (d) the AWA had been approved under this Part; and (e) from the succession time, the new employer replaced the previous employer as a party to the AWA under subsection (1).’.