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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fair Work (Commonwealth Powers) Amendment
Bill 2017
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Reference of matters 2
4 Amendment of matters excluded from reference 2
5 New section 5A inserted 2
6 Repeal of amending Act 5
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Endnotes 6
1 General information 6
581169B.I-7/2/2017 i BILL LA INTRODUCTION 7/2/2017
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Fair Work (Commonwealth Powers)
Amendment Bill 2017
A Bill for an Act to amend the Fair Work (Commonwealth Powers)
Act 2009 and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Fair
Work (Commonwealth Powers) Act 2009--
(a) to provide for certain public sector
5 employees to enter into enterprise
bargaining agreements about matters
pertaining to the number, identity or
appointment (other than terms and
conditions of appointment) of those
10 employees; and
581169B.I-7/2/2017 1 BILL LA INTRODUCTION 7/2/2017
Fair Work (Commonwealth Powers) Amendment Bill 2017
(b) to provide for some other aspects of the
provisions of the Fair Work Act 2009 of the
Commonwealth to apply to those matters;
and
5 (c) to provide for other minor related matters.
2 Commencement
(1) This Act comes into operation on a day to be
proclaimed.
(2) If this Act does not come into operation
10 before 31 December 2017, it comes into operation
on that day.
3 Reference of matters
In section 4(1) of the Fair Work
(Commonwealth Powers) Act 2009, for
15 "Subject to section 5" substitute "Subject to
sections 5 and 5A".
4 Amendment of matters excluded from reference
In section 5(1)(a) of the Fair Work
(Commonwealth Powers) Act 2009, after
20 "who are not law enforcement officers" insert
", except to the extent that those matters are
referred to the Parliament of the Commonwealth
by section 5A".
5 New section 5A inserted
25 After section 5 of the Fair Work
(Commonwealth Powers) Act 2009 insert--
"5A Further reference of matters
(1) Despite section 5(1)(a), matters referred by
section 4(1) include section 5(1)(a) matters
30 to the extent of--
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Fair Work (Commonwealth Powers) Amendment Bill 2017
(a) an enterprise agreement being made
or proposed to be made that includes
a term dealing with a section 5(1)(a)
matter; and
5 (b) a workplace determination being
made or proposed to be made that
includes an agreed term (but no
term other than an agreed term)
dealing with a section 5(1)(a) matter.
10 (2) Despite subsection (1), matters referred by
section 4(1) do not include section 5(1)(a)
matters to the extent of the Fair Work
Commission dealing with bargaining
disputes about section 5(1)(a) matters by
15 arbitration (however described) under
section 240 of the Commonwealth Fair
Work Act.
(3) Despite subsection (1), matters referred by
section 4(1) do not include section 5(1)(a)
20 matters to the extent of--
(a) a new employer or transferring
employee being or becoming covered
by a transferable instrument under
section 313 of the Commonwealth
25 Fair Work Act, to the extent that the
transferable instrument contains a term
dealing with a section 5(1)(a) matter;
and
(b) a new employer or a non-transferring
30 employee being or becoming covered
by a transferable instrument under
section 314 of the Commonwealth
Fair Work Act, to the extent that the
transferable instrument contains a term
35 dealing with a section 5(1)(a) matter;
and
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Fair Work (Commonwealth Powers) Amendment Bill 2017
(c) the Fair Work Commission making
an order that an enterprise agreement
covers or will cover a transferring
employee under section 318(1)(b)
5 of the Commonwealth Fair Work
Act, to the extent that the enterprise
agreement contains a term dealing
with a section 5(1)(a) matter; and
(d) the Fair Work Commission making
10 an order that a transferable instrument
covers or will cover a non-transferring
employee under section 319(1)(b)
of the Commonwealth Fair Work
Act, to the extent that the transferable
15 instrument contains a term dealing with
a section 5(1)(a) matter.
(4) In this section--
agreed term, for a workplace determination,
has the same meaning as in Part 2-5 of
20 the Commonwealth Fair Work Act;
section 5(1)(a) matter means a matter
described in section 5(1)(a).
(5) In this section--
enterprise agreement, Fair Work
25 Commission and workplace
determination have the same
meaning as in section 12 of the
Commonwealth Fair Work Act.
(6) In this section--
30 new employer, non-transferring
employee, transferable instrument
and transferring employee have the
same meaning as in Part 2-8 of the
Commonwealth Fair Work Act.".
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Fair Work (Commonwealth Powers) Amendment Bill 2017
6 Repeal of amending Act
This Act is repealed on 31 December 2018.
Note
The repeal of this Act does not affect the continuing operation
5 of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Fair Work (Commonwealth Powers) Amendment Bill 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581169B.I-7/2/2017 6 BILL LA INTRODUCTION 7/2/2017
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