Sch 6Modifications of Part VIB, and other provisions, of the Act as applied as a law of a State

Schedule 6 Modifications of Part VIB, and other provisions, of the Act as applied as a law of a State (regulation 30ZF) (subregulation 30ZF (1)) 601. Section 170LH (What this Division covers) 601.1 Omit ‘who are constitutional corporations or the Commonwealth’, substitute ‘other than constitutional corporations or the Commonwealth’. 602. Section 170LI (Nature of agreement) 602.1 Paragraph 170LI (1) (a): ‘(a) an employer other than a constitutional corporation or the Commonwealth; and’. 603. Division 3 (Making agreements about industrial disputes and industrial situations) 603.1 Omit the Division. (subregulation 30ZF (2)) 651. Division 2 (Making agreements with constitutional corporations or the Commonwealth) 651.1 Heading: Omit the heading, substitute: ‘Division 2 — Making agreements with employers other than constitutional corporations or the Commonwealth’. 652. Section 170LH (What this Division covers) 652.1 Paragraph 170LH (b): ‘(b) employees any of whose terms and conditions 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).’. 653. Section 170LI (Nature of agreement) 653.1 Add at the end: ‘(3) In this section: > persons means persons any of whose terms and conditions are governed by: (a) an award, a certified agreement or an AWA under this Act in its operation as a law of the Commonwealth; or (b) an old IR agreement (within the meaning of regulation 2 of the Workplace Relations Regulations of the Commonwealth).’. 654. Section 170MB (Successor employers bound) 654.1 Paragraph 170MB (1) (b): ‘(b) at a later time, a new employer;’. 654.2 After subsection 170MB (1), insert: ‘(1A) If: (a) an employer that is a Commonwealth-law employer within the meaning of subsection (1B) is bound by an agreement that, under this Act in its operation as a law of the Commonwealth, is a certified agreement (the certified agreement); and (b) the application for certification for the certified agreement stated that it was made under Division 2 of Part VIB in its operation as a law of the Commonwealth; and (c) at a later time, a new employer that is not a Commonwealth-law employer within the meaning of subsection (1B) becomes the successor, transmittee or assignee (whether immediate or not) of the whole or a part of the business concerned; then, from the later time: (d) the new employer is bound by the certified agreement (to the extent that it relates to the whole or the part of the business), as if: (i) that agreement had been certified under Division 4; and (ii) the new employer became bound by that agreement under subsection (1); and (e) the previous employer is not bound by that agreement, to the extent that it relates to the whole or the part of the business; and (f) a reference in this Part to the employer includes a reference to the new employer, and does not include the previous employer, to the extent that the context relates to the whole or the part of the business. ‘(1B) For subsection (1A), an employer is a Commonwealth-law employer if the employer: (a) is a constitutional corporation; or (b) is the Commonwealth; or (c) carries on a single business or part of a single business in a Territory; or (d) is a waterside employer who employs waterside workers in a single business or part of a single business of the employer; or (e) employs maritime employees in a single business or part of a single business of the employer; or (f) is a flight crew officer’s employer who employs flight crew officers in a single business or part of a single business of the employer.’. 654.3 Subsection 170MB (2): Omit ‘Subsection (1) does not’, substitute ‘Subsections (1) and (1A) do not’. 655. Section 170NE (Eligible court) 655.1 Paragraph 170NE (a): Omit the paragraph. 656. Section 178 (Imposition and recovery of penalties) 656.1 Add at the end: ‘(10) Despite the provisions of this section, the Court does not have the power to impose a penalty or to hear a claim relating to a breach, or an alleged breach, of a certified agreement made under this Act.’.