Fair Work Act. Australia

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СКАЧАТЬ Act 1998 of Tasmania;

      (g) the Discrimination Act 1991 of the Australian Capital Territory;

      (h) the Anti-Discrimination Act of the Northern Territory.

      (1) Section 26 does not apply to a law of a State or Territory so far as:

      (b) the law is prescribed by the regulations as a law to which section 26 does not apply; or

      (c) the law deals with any non-excluded matters; or

      (d) the law deals with rights or remedies incidental to:

      (i) any law referred to in subsection (1A); or

      (ii) any matter dealt with by a law to which paragraph (b) applies; or

      (iii) any non-excluded matters.

      Note: Examples of incidental matters covered by paragraph (d) are entry to premises for a purpose connected with workers compensation, occupational health and safety or outworkers.

      (2) The non-excluded matters are as follows:

      (a) superannuation;

      (b) workers compensation;

      (c) occupational health and safety;

      (d) matters relating to outworkers (within the ordinary meaning of the term);

      (e) child labour;

      (f) training arrangements, except in relation to terms and conditions of employment to the extent that those terms and conditions are provided for by the National Employment Standards or may be included in a modern award;

      (g) long service leave, except in relation to an employee who is entitled under Division 9 of Part 2–2 to long service leave;

      (h) leave for victims of crime;

      (i) attendance for service on a jury, or for emergency service duties;

      Note: See also section 112 for employee entitlements in relation to engaging in eligible community service activities.

      (j) declaration, prescription or substitution of public holidays, except in relation to the rights and obligations of an employee or employer in relation to public holidays;

      (k) 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);

      (l) regulation of any of the following:

      (i) employee associations;

      (ii) employer associations;

      (iii) members of employee associations or of employer associations;

      (m) workplace surveillance;

      (n) business trading hours;

      (o) claims for enforcement of contracts of employment, except so far as the law in question provides for a matter to which paragraph 26(2)(e) applies;

      (p) any other matters prescribed by the regulations.

      28 Act excludes prescribed State and Territory laws

      (1) This Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations.

      (2) However, subsection (1) applies only so far as the law of the State or Territory would otherwise apply in relation to a national system employee or a national system employer.

      (3) To avoid doubt, subsection (1) has effect even if the law is covered by section 27 (so that section 26 does not apply to the law). This subsection does not limit subsection (1).

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

      (1) A modern award or enterprise agreement prevails over a law of a State or Territory, to the extent of any inconsistency.

      (2) Despite subsection (1), a term of a modern award or enterprise agreement applies subject to the following:

      (a) any law covered by subsection 27(1A);

      (b) any law of a State or Territory so far as it is covered by paragraph 27(1)(b), (c) or (d).

      (3) Despite subsection (2), 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.

      30 Act may exclude State and Territory laws etc. in other cases

      This Division is not a complete statement of the circumstances in which this Act and instruments made under it are intended to apply to the exclusion of, or prevail over, laws of the States and Territories or instruments made under those laws.

      Division 2A — Application of this Act in States that refer matters before 1 July 2009

      30A Meaning of terms used in this Division

      (1) In this Division:

      amendment reference of a State means the reference by the Parliament of the State to the Parliament of the Commonwealth of the matters covered by subsection 30B(4).

      excluded subject matter means any of the following matters:

      (a) a matter dealt with in a law referred to in subsection 27(1A) of this Act;

      (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) СКАЧАТЬ