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IntroductionChapter 1 Application of the ActPart 1-3

Interaction with State and Territory lawsDivision 2

Regulation1.15

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

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

(c) the Contracts Review Act 1980 of New South Wales, to the extent to which it relates to contracts of employment.

Note: Under subsection 28(1) of the Act, the Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations.

1.15Interaction of modern awards and enterprise agreements with State and Territory laws

For subsection 29(3) 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

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

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

(c) the Contracts Review Act 1980 of New South Wales, to the extent that it relates to contracts of employment.

Note: Under subsection 29(3) of the Act, a term of a modern award or enterprise agreement does not apply subject to a law of a State or Territory that is prescribed by the regulations as a law to which modern awards and enterprise agreements are not subject.

Fair Work Regulations 2009

9

Compilation No. 36

Compilation date: 11/09/2021

Registered: 19/10/2021

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