Fair Work Act. Australia
matters, relating to State public sector employees, or State public sector employers, of the State are not included in any or all of the matters covered by subsections (3), (4) and (5); or
(c) the State’s referral law provides that particular matters, or all matters, relating to local government employees, or local government employers, of the State are not included in any or all of the matters covered by subsections (3), (4) and (5).
Reference covering referred provisions
(3) This subsection covers the matters to which the referred provisions relate to the extent of making laws with respect to those matters by amending this Act, as originally enacted, to include the referred provisions.
Reference covering amendments
(4) This subsection covers the referred subject matters to the extent of making laws with respect to those matters by making express amendments of this Act.
Reference covering transitional matters
(5) This subsection covers making laws with respect to the transition from the regime provided for by:
(a) the Workplace Relations Act 1996; or
(b) a law of a State relating to workplace relations;
to the regime provided for by this Act.
Effect of termination of reference
(6) Despite anything to the contrary in a referral law of a State, a State ceases to be a referring State if any or all of the following occurs:
(a) the State’s initial reference terminates;
(b) the State’s amendment reference terminates, and neither of subsections (7) and (8) apply to the termination;
(c) the State’s transition reference terminates.
(7) A State does not cease to be a referring State because of the termination of its amendment reference if:
(a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and
(b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and
(c) that State’s amendment reference, and the amendment reference of every other referring State (other than a referring State that has terminated its amendment reference in the circumstances referred to in subsection (8)), terminate on the same day.
(8) A State does not cease to be a referring State because of the termination of its amendment reference if:
(a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and
(b) the day fixed is no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published; and
(c) the Governor of that State, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, this Act:
(i) is proposed to be amended (by an amendment introduced into the Parliament by a Minister); or
(ii) has been amended;
in a manner that is inconsistent with one or more of the fundamental workplace relations principles.
(9) The following are the fundamental workplace relations principles:
(a) that this Act should provide for, and continue to provide for, the following:
(i) a strong, simple and enforceable safety net of minimum employment standards;
(ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;
(iii) collective bargaining at the enterprise level with no provision for individual statutory agreements;
(iv) fair and effective remedies available through an independent umpire;
(v) protection from unfair dismissal;
(b) that there should be, and continue to be, in connection with the operation of this Act, the following:
(i) an independent tribunal system;
(ii) an independent authority able to assist employers and employees within a national workplace relations system.
3 °C Extended meaning of national system employee
(1) A national system employee includes:
(a) any individual in a State that is a referring State because of this Division so far as he or she is employed, or usually employed, as described in paragraph 30D(1)(a), except on a vocational placement; and
(b) a law enforcement officer of the State to whom subsection 30E(1) applies.
(2) This section does not limit the operation of section 13 (which defines a national system employee).
Note: Section 30H may limit the extent to which this section extends the meaning of national system employee.
30D Extended meaning of national system employer
(1) A national system employer includes:
(a) any person in a State that is a referring State because of this Division so far as the person employs, or usually employs, an individual; and
(b) a holder of an office to whom subsection 30E(2) applies.
(2) This section does not limit the operation of section 14 (which defines a national system employer).
Note: Section 30H may limit the extent to which this section extends the meaning of national system employer.
30E Extended ordinary meanings of employee and employer
(1) A reference in this Act to an employee with its ordinary meaning includes a reference to a law enforcement officer of a State that is a referring State because of this Division if the State’s referral law so provides for the purposes of that law.
(2) A reference in this Act to an employer with its ordinary meaning includes a reference to a holder of an office of a State that is a referring State because of this Division if the State’s referral law provides, for the purposes of that law, that the holder of the office is taken to be the employer of a law enforcement officer of the State.
(3) This section does not limit the operation of section 15 (which deals with references to employee and employer with their ordinary meanings).
Note: Section 30H may limit the extent to which this section extends the meanings of employee and employer.
30F Extended meaning of outworker entity
(1) An outworker entity includes a person, other than in the person’s capacity as a national system employer, so far as:
(a) the person arranges for work to be performed for the person (either directly or indirectly); and
(b) the work is of a kind that is often performed by outworkers; and
(c) one or more of the following applies:
(i) at the time the arrangement is made, one or more parties to the arrangement is in a State that is a referring State because of this Division;
(ii) the work is to be performed in a State that is a referring State because of this Division;
(iii) the person referred to in paragraph (a) carries on an activity (whether of a commercial, governmental or other nature) in a State that is a referring State because of this Division, and the work is reasonably likely to