Commonwealth Numbered Regulations

WORKPLACE RELATIONS AMENDMENT (WORK CHOICES) (CONSEQUENTIAL AMENDMENTS) REGULATIONS 2006 (NO. 1) (SLI NO 50 OF 2006) - SCHEDULE 57

(regulation 3)

[1]           Subregulation 3.11 (2)

substitute

         (2)   If:

                (a)    an award; or

               (b)    a workplace agreement; or

                (c)    a pre‑reform certified agreement; or

               (d)    a pre‑reform AWA;

sets out procedures that apply to the termination of the non‑ongoing APS employee, the procedures apply to the termination of the engagement of the employee unless the procedures are prohibited content (within the meaning given by the Workplace Relations Act 1996 ).

[2]           Paragraphs 3.15 (7) (a) and (b)

substitute

                (a)    calculation of leave entitlements under the Australian Fair Pay and Conditions Standard or an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA that applies to the employee; or

               (b)    calculation of the employee's redundancy pay, however described, under an award, workplace agreement, pre‑reform certified agreement or pre‑reform AWA that applies to the employee.

[3]           Subregulation 8.1 (3), note

omit

award, certified agreement or AWA.

insert

the Australian Fair Pay and Conditions Standard or an award, collective agreement or pre‑reform certified agreement.

[4]           Paragraph 8.1 (4) (b)

substitute

               (b)    an award, Australian Pay and Classification Scale or collective agreement:

[5]           Subregulation 8.1 (4)

omit

the award, certified agreement or AWA

insert

the award, Australian Pay and Classification Scale or workplace agreement

[6]           Subregulation 8.2 (2), note

omit

award, certified agreement or AWA.

insert

the Australian Fair Pay and Conditions Standard or an award, collective agreement or pre‑reform certified agreement.

[7]           Paragraph 8.2 (3) (b)

substitute

               (b)    an award, Australian Pay and Classification Scale or workplace agreement:

[8]           Subregulation 8.2 (3)

omit

the award, certified agreement or AWA

insert

the award, Australian Pay and Classification Scale or workplace agreement

[9]           Dictionary, after definition of * APS Values

insert

"Australian Fair Pay and Conditions Standard" has the meaning given by the Workplace Relations Act 1996 .

[10]         Dictionary, definition of * certified agreement

omit

[11]         Dictionary, after definition of pre‑move Agency Head

insert

"pre-reform AWA" has the meaning given by the Workplace Relations Act 1996 .

"pre-reform certified agreement" has the meaning given by the Workplace Relations Act 1996 .

[12]         Dictionary, after definition of Tribunal

insert

"workplace agreement" has the meaning given by the Workplace Relations Act 1996 .