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Name: Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) Repeal Regulations 2011 (SLI 2011 No. 178).
Country: Australia
Subject(s): Labour codes, general labour and employment acts
Type of legislation: Regulation, Decree, Ordinance
Adopted on: 2011-09-29
Entry into force:
ISN: AUS-2011-R-88555
Bibliography: Legislation on-line Legislation on-line ComLaw, Attorney General's Department, Australia PDF PDF (consulted on 2011-11-22)
Abstract/Citation: These Regulations repeal the Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) (the existing Regulations). The existing Regulations were made on 4 August 2011 and would otherwise commence on 1 October 2011.

The existing Regulations prescribe a 2009 decision of the Queensland Industrial Relations Commission (QIRC) entitled Queensland Services, Industrial Union of Employees AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (A/2008/5) (the QIRC decision) as the source order for the TPEO. The existing Regulations also prescribe a list of employers to whom the TPEO applies, and makes arrangements for back payments in accordance with the TPEO to 1 January 2010 in scheduled instalments.

The QIRC decision applied to social and community services (SACS) sector employers in the Queensland industrial relations system (i.e. employers not covered at that time by the federal workplace relations system) and their employees. Following the QIRC decision, the Queensland Government committed an additional $414 million over four years to a range of employers across the Queensland SACS sector.

With effect from 1 January 2010, the Queensland Parliament referred to the Commonwealth power to extend the Fair Work Act 2009 (the Fair Work Act) to all private sector employers and their employees otherwise outside its scope.

At the time of the QIRC decision, a number of Queensland SACS sector employers who received supplementary funding from the Queensland Government were respondents to federal transitional awards made under the conciliation and arbitration power of the Constitution (the Social and Community Services (Queensland) Award 2001 and the Crisis Assistance Supported Housing (Queensland) Award 1999). The QIRC decision would have applied to these employers from 27 March 2011 (when transitional awards expired) had Queensland not referred workplace relations matters to the Commonwealth.

The Queensland Government asked the Commonwealth to extend the effect of the QIRC decision to these employers and their employees. Item 43 of Schedule 3 to the T&C Act provided a framework to do this.

The existing Regulations, which are expressed to commence on 1 October 2011, were made to give effect to this request but were subsequently subject to a notice of disallowance motion in the Senate.

The Regulations repeal the existing Regulations before they come into operation, therefore no rights or obligations arise under the existing Regulations.
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