An Act to refer certain matters relating to workplace relations to the Parliament of the Commonwealth for the purposes of section 51 (xxxvii) of the Constitution of the Commonwealth ; and to amend the Industrial Relations Act 1996 .
1 Name of ActThis Act is the Industrial Relations (Commonwealth Powers) Act 2009 .2 Commencement
This Act commences on a day to be appointed by proclamation.3 Definitions
(1) In this Act:amendment reference means the reference under section 5 (1) (b).
Commonwealth Fair Work Act means the Fair Work Act 2009 of the Commonwealth (as amended from time to time).
excluded subject matter means any of the following matters: (a) a matter dealt with in the Anti-Discrimination Act 1977 ,(b) superannuation,
(c) workers compensation,
(d) occupational health and safety,
(e) matters relating to outworkers (within the ordinary meaning of the term),
(f) child labour,
(g) training arrangements,
(h) long service leave,
(i) leave for victims of crime,
(j) attendance for service on a jury, or for emergency service duties,
(k) declaration, prescription or substitution of public holidays,
(l) the following matters relating to provision of essential services or to situations of emergency:
(i) directions to perform work (including to perform work at a particular time or place, or in a particular way),
(ii) directions not to perform work (including not to perform work at a particular time or place, or in a particular way),
(m) regulation of any of the following:(i) employee associations,
(ii) employer associations,
(iii) members of employee associations or of employer associations,
(n) workplace surveillance,
(o) business trading hours,
(p) claims for enforcement of contracts of employment, except so far as a law of the State provides for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair,
(q) rights or remedies incidental to a matter referred to in a preceding paragraph of this definition,
except to the extent that the Fair Work Act 2009 of the Commonwealth, as originally enacted, deals with the matter (directly or indirectly), or requires or permits instruments made or given effect under the Commonwealth Fair Work Act so to deal with the matter.
express amendment of the Commonwealth Fair Work Act means the direct amendment of the text of that Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter), but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of the Commonwealth Fair Work Act.
fundamental workplace relations principles —see section 4. initial reference means the reference under section 5 (1) (a).initial referred provisions means the scheduled text, to the extent to which that text deals with matters that are included in the legislative powers of the Parliament of the State.