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Chapter 1Introduction

Part 1-3Application of the Act

Division 2Interaction with State and Territory laws

Regulation1.13

Part 1-3—Application of the Act

Division 2—Interaction with State and Territory laws

1.13State and Territory laws that are not excluded by section 26 of the Act— prescribed laws

For paragraph 27(1)(b) of the Act, each of the following laws of a State or Territory is a law to which section 26 of the Act does not apply:

(a) a law dealing with the suspension, cancellation or termination of a training contract;

(aa) a law dealing with the suspension, cancellation or termination of a contract of employment that is:

(i) associated with a training contract; and

(ii) entered into as part of a training arrangement;

(b) a law dealing with a period of probation of an employee that: (i) is part of a training arrangement; but

(ii) is not a period of probationary employment;

(c) a law that provides protection for an employee who discloses information or makes a complaint under a law that deals withany of the following:

(i) whistleblowers;

(ii) environmental protection;

(iii) health services;

(iv) transport safety or operations;

(v) the supply of essential services.

Note: Under subsection 27(1) of the Act, section 26 of the Act 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 section 26 does not apply.

1.14Act excludes prescribed State and Territory laws

For subsection 28(1) of the Act, each of the following laws of a State or Territory is prescribed:

(a) a law relating to child labour, to the extent to which it deals with terms and conditions of employment that:

(i) are provided for by the National Employment Standards; or

(ii) may be included in a modern award; or

(iii) may be included in an enterprise agreement under section 55 of the Act;

but not to the extent to which it deals with the times at which, or the periods during which, a child may be employed;

(b) a law relating to training arrangements, to the extent to which it deals with terms and conditions of employment that:

(i) are provided for by the National Employment Standards; or

8

Fair Work Regulations 2009

Compilation No. 36

Compilation date: 11/09/2021

Registered: 19/10/2021

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