Fair Work Act. Australia
made or given effect under this Act so to deal with the matter.
express amendment means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter), but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.
fundamental workplace relations principles: see subsection 30B(9).
initial reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30B(3).
law enforcement officer means:
(a) a member of a police force or police service; or
(b) a person appointed to a position for the purpose of being trained as a member of a police force or police service; or
(c) a person who has the powers and duties of a member of a police force or police service;
and, without limiting paragraphs (a), (b) and (c), includes a police reservist, a police recruit, a police cadet, a junior constable, a police medical officer, a special constable, an ancillary constable or a protective services officer.
local government employee, of a State, means:
(a) an employee of a local government employer of the State; or
(b) any other employee in the State of a kind specified in the regulations.
local government employer, of a State, means an employer that is:
(a) a body corporate that is established for a local government purpose by or under a law of a State; or
(b) a body corporate in which a body to which paragraph (a) applies has, or 2 or more such bodies together have, a controlling interest; or
(c) a person who employs individuals for the purposes of an unincorporated body that is established for a local government purpose by or under a law of a State; or
(d) any other body corporate that is a local government body in the State of a kind specified in the regulations; or
(e) any other person who employs individuals for the purposes of an unincorporated body that is a local government body in the State of a kind specified in the regulations.
referral law, of a State, means the law of the State that refers matters, as mentioned in subsection 30B(1), to the Parliament of the Commonwealth.
referred provisions means the provisions of this Division to the extent to which they deal with matters that are included in the legislative powers of the Parliaments of the States.
referred subject matters means any of the following:
(a) terms and conditions of employment, including any of the following:
(i) minimum terms and conditions of employment, (including employment standards and minimum wages);
(ii) terms and conditions of employment contained in instruments (including instruments such as awards, determinations and enterprise-level agreements);
(iii) bargaining in relation to terms and conditions of employment;
(iv) the effect of a transfer of business on terms and conditions of employment;
(b) terms and conditions under which an outworker entity may arrange for work to be performed for the entity (directly or indirectly), if the work is of a kind that is often performed by outworkers;
(c) rights and responsibilities of persons, including employees, employers, independent contractors, outworkers, outworker entities, associations of employees or associations of employers, being rights and responsibilities relating to any of the following:
(i) freedom of association in the context of workplace relations, and related protections;
(ii) protection from discrimination relating to employment;
(iii) termination of employment;
(iv) industrial action;
(v) protection from payment of fees for services related to bargaining;
(vi) sham independent contractor arrangements;
(vii) standing down employees without pay;
(viii) union rights of entry and rights of access to records;
(d) compliance with, and enforcement of, this Act;
(e) the administration of this Act;
(f) the application of this Act;
(g) matters incidental or ancillary to the operation of this Act or of instruments made or given effect under this Act;
but does not include any excluded subject matter.
referring State: see section 30B.
State public sector employee, of a State, means:
(a) an employee of a State public sector employer of the State; or
(b) any other employee in the State of a kind specified in the regulations;
and includes a law enforcement officer to whom subsection 30E(1) applies.
State public sector employer, of a State, means an employer that is:
(a) the State, the Governor of the State or a Minister of the State; or
(b) a body corporate that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or
(c) a body corporate in which the State has a controlling interest; or
(d) a person who employs individuals for the purposes of an unincorporated body that is established for a public purpose by or under a law of the State, by the Governor of the State or by a Minister of the State; or
(e) any other employer in the State of a kind specified in the regulations;
and includes a holder of an office to whom subsection 30E(2) applies.
transition reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30B(5).
(2) Words or phrases in the definition of excluded subject matter in subsection (1), or in the definition of referred subject matters in subsection (1), that are defined in this Act (other than in this Division) have, in that definition, the meanings set out in this Act as in force on 1 July 2009.
30B Meaning of referring State
Reference of matters by State Parliament to Commonwealth Parliament
(1) A State is a referring State if the Parliament of the State has, before 1 July 2009, referred the matters covered by subsections (3), (4) and (5) in relation to the State to the Parliament of the Commonwealth for the purposes of paragraph 51(xxxvii) of the Constitution:
(a) if and to the extent that the matters are not otherwise included in the legislative powers of the Parliament of the Commonwealth (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); and
(b) if and to the extent that the matters are included in the legislative powers of the Parliament of the State.
This subsection has effect subject to subsection (6).
(2) A State is a referring State even if:
(a) the State’s referral law provides that the reference to the Parliament of the Commonwealth of any or all of the matters covered by subsections (3), (4) and (5) is to terminate in particular circumstances; or
(b) the State’s referral law provides that particular