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Direct links to the current provisions in Workplace Relations Regulations 2006.
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These Regulations are the Workplace Relations Regulations 2006.
These Regulations commence on the commencement of Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005.
Note: Schedule 5 renumbers the Workplace Relations Act 1996 so that the amended Act is sequentially numbered from section 1.
In these Regulations, unless the contrary intention appears:
Act:
(a) means the Workplace Relations Act 1996; but
(b) does not include Schedule 1 to the Workplace Relations Act 1996 or regulations made under that Schedule.
approved form means a form approved by the President for the purposes of the provision in which the expression is used.
Form means a form set out in Schedule 1.
pre‑reform Act means the Act as in force just before the reform commencement.
pre‑reform Regulations means the Workplace Relations Regulations 1996 as in force just before the reform commencement.
section 717 court means an eligible court mentioned in section 717 of the Act.
Note: Section 717 of the Workplace Relations Act 1996 contains the following definition:
Note: eligible court means:
(a) the Court; or
(b) the Federal Circuit Court of Australia; or
(c) a District, County or Local Court; or
(d) a magistrate’s court; or
(e) the Industrial Relations Court of South Australia; or
(f) any other State or Territory court that is prescribed by the regulations.
transitional award has the meaning given by subclause 2(1) of Schedule 6 to the Act.
transitional employee has the meaning given by subclause 2(1) of Schedule 6 to the Act.
Work Choices Act means the Workplace Relations Amendment (Work Choices) Act 2005.
Workplace Relations Minister means the Minister administering Part 1 of the Workplace Relations Act 1996.
Note: A number of words and expressions used in these Regulations have the meanings given by section 4 of the Act, including reform commencement.
For the purposes of the definition of employing authority in subsection 4(1) of the Act, each of the persons or bodies specified in column 3 of an item in Schedule 2 is prescribed as the employing authority in relation to the class of employees specified in column 2 of that item.
(1) For paragraph (g) of the definition of public sector employment in subsection 4(1) of the Act, each of the following laws is prescribed: (a) Naval Defence Act 1910; (b) Supply and Development Act 1939; (c) Australian Federal Police Act 1979; (d) Governor‑General Act 1974. (2) For paragraph (h) of the definition of public sector employment in subsection 4(1) of the Act, each of the following classes of persons is prescribed: (a) members of the Defence Force; (b) members of the Police Force of the Northern Territory; (c) persons employed by, or in the service of: (i) a Commonwealth authority referred to in Schedule 3; or (ii) a body that is a subsidiary of a Commonwealth authority referred to in Schedule 3 in which body the Commonwealth authority has a controlling interest; (d) persons who hold an office established under a law of the Commonwealth or of a Territory, other than persons who, otherwise than in their capacity as the holder of such an office, are employed or serve in a capacity described in paragraphs (a) to (g) of that definition of public sector employment.
Note: Example: An example of a person who would fall within the exception to paragraph (d) is an APS employee who also holds a part‑time statutory office, or who is granted leave without pay from his or her APS employment in order to take up a full‑time statutory office.
(3) For paragraph (i) of the definition of public sector employment in subsection 4(1) of the Act, the Prisons (Correctional Services) Act 1980 of the Northern Territory is prescribed.
The Workplace Relations Regulations 1996 are repealed.
Chapter 2—General regulations for the Workplace Relations Act 1996
Chapter 1—Preliminary
These Regulations are the Workplace Relations Regulations 2006.
These Regulations commence on the commencement of Schedule 5 to the Workplace Relations Amendment (Work Choices) Act 2005.
Note: Schedule 5 renumbers the Workplace Relations Act 1996 so that the amended Act is sequentially numbered from section 1.
In these Regulations, unless the contrary intention appears:
Act:
(a) means the Workplace Relations Act 1996; but
(b) does not include Schedule 1 to the Workplace Relations Act 1996 or regulations made under that Schedule.
approved form means a form approved by the President for the purposes of the provision in which the expression is used.
Form means a form set out in Schedule 1.
pre‑reform Act means the Act as in force just before the reform commencement.
pre‑reform Regulations means the Workplace Relations Regulations 1996 as in force just before the reform commencement.
section 717 court means an eligible court mentioned in section 717 of the Act.
Note: Section 717 of the Workplace Relations Act 1996 contains the following definition:
Note: eligible court means:
(a) the Court; or
(b) the Federal Circuit Court of Australia; or
(c) a District, County or Local Court; or
(d) a magistrate’s court; or
(e) the Industrial Relations Court of South Australia; or
(f) any other State or Territory court that is prescribed by the regulations.
transitional award has the meaning given by subclause 2(1) of Schedule 6 to the Act.
transitional employee has the meaning given by subclause 2(1) of Schedule 6 to the Act.
Work Choices Act means the Workplace Relations Amendment (Work Choices) Act 2005.
Workplace Relations Minister means the Minister administering Part 1 of the Workplace Relations Act 1996.
Note: A number of words and expressions used in these Regulations have the meanings given by section 4 of the Act, including reform commencement.
For the purposes of the definition of employing authority in subsection 4(1) of the Act, each of the persons or bodies specified in column 3 of an item in Schedule 2 is prescribed as the employing authority in relation to the class of employees specified in column 2 of that item.
(1) For paragraph (g) of the definition of public sector employment in subsection 4(1) of the Act, each of the following laws is prescribed: (a) Naval Defence Act 1910; (b) Supply and Development Act 1939; (c) Australian Federal Police Act 1979; (d) Governor‑General Act 1974. (2) For paragraph (h) of the definition of public sector employment in subsection 4(1) of the Act, each of the following classes of persons is prescribed: (a) members of the Defence Force; (b) members of the Police Force of the Northern Territory; (c) persons employed by, or in the service of: (i) a Commonwealth authority referred to in Schedule 3; or (ii) a body that is a subsidiary of a Commonwealth authority referred to in Schedule 3 in which body the Commonwealth authority has a controlling interest; (d) persons who hold an office established under a law of the Commonwealth or of a Territory, other than persons who, otherwise than in their capacity as the holder of such an office, are employed or serve in a capacity described in paragraphs (a) to (g) of that definition of public sector employment.
Note: Example: An example of a person who would fall within the exception to paragraph (d) is an APS employee who also holds a part‑time statutory office, or who is granted leave without pay from his or her APS employment in order to take up a full‑time statutory office.
(3) For paragraph (i) of the definition of public sector employment in subsection 4(1) of the Act, the Prisons (Correctional Services) Act 1980 of the Northern Territory is prescribed.
The Workplace Relations Regulations 1996 are repealed.
Chapter 2—General regulations for the Workplace Relations Act 1996
(1) For subsection 12(1) of the Act, a provision of the Act specified in an item of Table 1.1 does not apply to a person or entity specified in the item.
Table 1.1
| Item | These provisions … | do not apply to … |
|---|---|---|
| 1 | All provisions of the Act, other than:(a) section 16; and(b) any definition of general application in section 4, or another provision, that relates to section 16 | A person who:(a) is a non‑citizen; and(b) is a member of the crew performing duties on a permit ship |
| 2 | All provisions of the Act, other than:(a) section 16; and(b) any definition of general application in section 4, or another provision, that relates to section 16 | A foreign corporation in the capacity as the employer of a person who:(a) is a non‑citizen; and(b) is a member of the crew performing duties on a permit ship |
(2) In Table 1.1:
non‑citizen has the same meaning as in the Migration Act 1958.
permit ship means a ship:
(a) to which a permit has been granted under section 286 of the Navigation Act 1912 for a single voyage or as a continuing permit; and
(b) for which the permit is in force.
(1) For paragraph 16(2)(b) of the Act, subsection 16(1) of the Act does not apply to a law of a State or Territory of a kind that is mentioned in this regulation.
Note: Under subsection 16(1) of the Act, the Act is intended to apply to the exclusion of specified laws of a State or Territory so far as they would otherwise apply in relation to an employee or employer. The subsection lists the kinds of laws that are excluded.
Note: However, subsection 16(1) does not apply to a law of a State or Territory so far as the law is prescribed by the regulations as a law to which the subsection does not apply.
Rights and obligations—general (2) Subsection 16(1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to compliance with an obligation: (a) under: (i) that law; or (ii) another law of a State or Territory; which would otherwise be excluded by subsection 16(1) of the Act; and (b) in respect of an act or omission which occurred prior to the reform commencement. Rights and obligations—injunctions (3) However, subregulation (2) does not apply to the extent to which that law of a State or Territory, or another law, provides for the granting of an injunction in relation to conduct that has not yet occurred.
Note: The effect of subregulation (3) is that subsection 16(1) of the Act will apply to a law of a State or Territory to the extent to which it deals with injunctions about rights or obligations in relation to future conduct, and the Act will apply to the exclusion of that law of the State or Territory.
Termination of employment (4) Subsection 16(1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to a termination of employment that occurred before the reform commencement. Unfair contracts (5) Subsection 16(1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it: (a) relates to proceedings that commenced before the reform commencement; and (b) provides for the variation or setting aside of rights and obligations arising under: (i) a contract of employment; or (ii) another arrangement for employment; that a court or tribunal finds is unfair. Succession, transmission or assignment of business (6) Subsection 16(1) does not apply to a law of a State or Territory (including a law relating to appeals) to the extent to which it relates to a succession, transmission or assignment of a business, or a part of a business, that occurred before the reform commencement. Training arrangements (7) Subsection 16(1) does not apply to a State or Territory industrial law to the extent that the law provides a remedy that arises from the suspension, cancellation or termination of a training contract or agreement in circumstances that are contrary to a law of a State or Territory relating to training arrangements.
Note: Training arrangement is defined in section 4 of the Act.
(8) However, subregulation (7) does not apply to a State or Territory industrial law described in that subregulation to the extent that it relates to the termination of employment that may be harsh, unjust or unreasonable.
Industrial Relations Act 1999 of Queensland For paragraph 16(2)(b) of the Act: (a) paragraph 73(2)(f) of the Industrial Relations Act 1999 of Queensland is prescribed to the extent to which that paragraph provides a remedy for the dismissal of a person for the making by anyone, or a belief that anyone has made or may make: (i) a public interest disclosure under the Whistleblowers Protection Act 1994 of Queensland; or (ii) a complaint under the Health Rights Commission Act 1991 of Queensland; and (b) a provision of the Industrial Relations Act 1999 of Queensland is prescribed to the extent to which the provision facilitates or otherwise gives effect to paragraph 73(2)(f); and (c) a provision of the Industrial Relations Act 1999 of Queensland is prescribed to the extent to which the provision facilitates or otherwise gives effect to section 174 of the Workplace Health and Safety Act 1995 of Queensland.
Contracts Review Act of New South Wales (1) For subsection 16(4) of the Act, the Contracts Review Act 1980 of New South Wales is prescribed to the extent to which that Act applies to: (a) a contract that: (i) involves an employer and an employee; and (ii) deals with their employment relationship; and (b) a matter that occurred after the reform commencement.
Note: Subsection 16(4) of the Act provides that the Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations for
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