Schedule Sch 6 - Workplace Relations Regulations 1996 - Modifications of Part VIB, and other provisions, of the Act as applied as a law of a State

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

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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))

Section 170LH (What this Division covers)

601.1 Omit ‘who are constitutional corporations or the Commonwealth’, substitute ‘other than constitutional corporations or the Commonwealth’.

Section 170LI (Nature of agreement)

602.1 Paragraph 170LI (1) (a):

‘(a) an employer other than a constitutional corporation or the Commonwealth; and’.

Division 3 (Making agreements about industrial disputes and industrial situations)

603.1 Omit the Division.

(subregulation 30ZF (2))

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’.

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).’.

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).’.

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