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Chapter 1Introduction

Part 1-3Application of the Act Division 4Miscellaneous

Regulation1.16

Division 4—Miscellaneous

1.16Interaction between fair work instruments and public sector employment laws

For paragraph 40(2)(b) of the Act, a fair work instrument or a term of a fair work instrument (other than an FWC order or a term of an FWC order) is prescribed for the purposes of the following laws:

(a) an ordinance made under the Seat of Government (Administration) Act 1910 that:

(i) deals with public sector employment; and

(ii) was, immediately before the repeal of the Workplace Relations Act 1996, inconsistent with that Act or an agreement, award order or determination made under that Act;

(b) an enactment, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, that:

(i) deals with public sector employment; and

(ii) was, immediately before the repeal of the Workplace Relations Act 1996, inconsistent with that Act or an agreement, award order or determination made under that Act;

(c) a determination mentioned in paragraph 53(6)(b) of the Northern Territory (Self-Government) Act 1978 that was, immediately before the repeal of the Workplace Relations Act 1996, inconsistent with an award or workplace agreement (within the meaning of the Workplace Relations Act 1996).

Note: Under subsection 40(2) of the Act, fair work instruments, or terms of fair work instruments, that deal with public sector employment prevail over the public sector employment laws as described in that subsection.

16

Compilation No. 36

Fair Work Regulations 2009

Compilation date: 11/09/2021

Registered: 19/10/2021

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