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Australia > Labour codes, general labour and employment acts

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Country: Australia - Subject: Labour codes, general labour and employment acts

  1. Australia - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

    Industrial Relations (Transitional) Regulation 2017 SL No. 25. - Legislation on-line

    Adoption: 2017-02-24 | Date of entry into force: 2017-03-01 | AUS-2017-R-105351

    The main purpose of this regulation is to provide for the continued operation of the Industrial Relations Regulation 2011, with particular changes necessary to enable its operation under the Act, for a transitional period after the repeal of the Industrial Relations Act 1999.

  2. Australia - Labour codes, general labour and employment acts - Law, Act

    Industrial Relations Act 2016 (No. 63 of 2016). - Legislation on-line

    Adoption: 2016 | Date of entry into force: 2017-08-31 | AUS-2016-L-105350

    Chapter 1 Preliminary
    Chapter 2 Modern employment conditions
    Chapter 3 Modern awards
    Chapter 4 Collective bargaining
    Chapter 5 Equal remuneration
    Chapter 6 Industrial disputes
    Chapter 7 Employees bullied in the workplace
    Chapter 8 Rights and responsibilities of employees, employers, organisations etc.
    Chapter 9 Records and wages
    Chapter 10 Fees charged by private employment agents
    Chapter 11 Industrial tribunals and registry
    Chapter 12 Industrial organisations and associated entities
    Chapter 13 Enforcement
    Chapter 14 General offences
    Chapter 15 Application to State and employees of the State
    Chapter 16 Employers declared not to be national system employers
    Chapter 17 General provisions
    Chapter 18 Repeal and transitional provisions

  3. Australia - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

    Fair Work (Transitional Provisions and Consequential Amendments) Amendment Regulations 2011 (No. 1) Repeal Regulations 2011 (SLI 2011 No. 178). - Legislation on-line

    Adoption: 2011-09-29 | Date of entry into force: 2011-09-30 | AUS-2011-R-88555

    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.

  4. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work (State Declarations - employer not to be national system employer) Endorsement 2011 (No.1). - Legislation on-line

    Adoption: 2011-06-22 | Date of entry into force: 2011-07-01 | AUS-2011-L-88563

    SECTIONS:
    1 Name of Endorsement
    2 Commencement
    3 Definition
    4 Endorsement of State Declarations

    SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
    - Part 1 Employers declared by or under a law of New South Wales not to be a national system employer

  5. Australia - Labour codes, general labour and employment acts - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Fair Work Australia Rules 2010. - Legislation on-line

    Adoption: 2010-12-17 | AUS-2010-M-88554

    PART 1 - GENERAL
    1. Name of Rules
    2. Commencement
    3. Definitions
    4. Relief from Rules
    5. Directions on procedure
    6. Forms
    7. Lodging documents with FWA
    8. Requirement to serve documents lodged with FWA
    9. How service is effected
    10. Substituted service
    11. Electronic signatures
    PART 2 - APPEALS AND REVIEWS
    12. Appeals
    13. Review on application by Minister
    13A. Other review
    PART 3 - UNFAIR DISMISSAL
    14. Applications may be made by telephone
    14A. Employer response to an application for an unfair dismissal remedy
    15. Objection to an application for unfair dismissal remedy
    16. Security for the payment of costs
    PART 4 - GENERAL PROTECTIONS APPLICATIONS
    16A. Employer response to a general protections application
    PART 5 - TAKE-HOME PAY ORDER APPLICATIONS
    16B. Employer response to a take-home pay order application
    PART 6 - PRACTICE
    17. Notice of representative commencing or ceasing to act
    18. Order to witness to attend
    19. Order for production of documents
    20. Lodging documents by email
    21. Lodging documents by fax
    PART 7 - MISCELLANEOUS
    22. Seal of FWA
    23. Recovery of cost of providing copies of documents
    PART 8 - TRANSITIONAL
    24. WR Act applications
    Part 9 Repeal
    25. Fair Work Australia Rules 2009

  6. Australia - Labour codes, general labour and employment acts - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Fair Work (State Declarations - employer not to be national system employer) Endorsement 2010 (No. 2). - Legislation on-line

    Adoption: 2010-11-08 | Date of entry into force: 2010-12-01 | AUS-2010-M-88562

    SECTIONS:
    1 Name of Endorsement
    2 Commencement
    3 Definition
    4 Endorsement of State Declarations

    SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
    Part 1 - Employers declared by or under a law of Queensland not to be a national system employer

  7. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work (State Declarations - employer not to be national system employer) Endorsement 2010 (No. 1). - Legislation on-line

    Adoption: 2010-07-13 | Date of entry into force: 2010-07-15 | AUS-2010-L-88561

    SECTIONS:
    1 Name of Endorsement
    2 Commencement
    3 Definition
    4 Endorsement of State Declarations

    SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
    - Part 1 Employers declared by or under a law of South Australia not to be a national system employer

  8. Australia - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

    Fair Work (State Referral and Consequential and Other Amendments) Regulations 2009 (SLI 2009 No. 165). - Legislation on-line

    Adoption: 2010-01-01 | AUS-2010-R-88557

    These Regulations are made to implement item 2 of Schedule 20 to the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.
    The Regulations make amendments to the following Acts:
    - Part 1 of Schedule 1 amends the Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986.
    - Schedule 2 amends the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.
    - Part 2 of Schedule 1 amends the Occupational Health and Safety Act 1991.
    - Part 3 of Schedule 1 amends the Occupational Health and Safety (Safety Arrangements) Regulations 1991.
    - Part 4 of Schedule 1 amends the Occupational Health and Safety (Maritime Industry) Act 1993.
    - Part 5 of Schedule 1 amends the Occupational Health and Safety (Maritime Industry) Regulations 1995.
    - Part 6 of Schedule 1 amends the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
    - Part 7 of Schedule 1 amends the Petroleum (Submerged Lands) (Occupational Health and Safety) Regulations 1993.

  9. Australia - Labour codes, general labour and employment acts - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Fair Work (State Declarations - employers not to be national system employers) Endorsement 2009. - Legislation on-line

    Adoption: 2009-12-17 | Date of entry into force: 2010-01-01 | AUS-2009-M-88560

    SECTIONS:
    1 Name of Endorsement
    2 Commencement
    3 Definition
    4 Endorsement of State Declarations

    SCHEDULE 1 - Employers declared by or under a law of a State not to be a national system employer
    - Part 1 Employers declared by or under a law of New South Wales not to be a national system employer
    - Part 2 Employers declared by or under a law of Queensland not to be a national system employer
    - Part 3 Employers declared by or under a law of South Australia not to be a national system employer

  10. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work Amendment (State Referrals and Other Measures) Act 2009 (No. 124, 2009). - Legislation on-line

    Adoption: 2009-12-14 | AUS-2009-L-88553

    Amends the Fair Work Act 2009 to give effect to state government referrals of certain workplace relations matters to the Commonwealth (where those referrals occur between 1 July 2009 and 1 January 2010).
    Allows state governments to retain workplace relations powers in relation to state public sector employees and local government employees if they choose to do so.

  11. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (No. 55, 2009). - Act online

    Adoption: 2009-06-25 | AUS-2009-L-82507

    Repeals the current Workplace Relations Act 1996 and sets out sensible and practical transitional provisions for the movement of employers and employees into the new system regulated under the Fair Work Act.

    Schedule 1 - Repeals [repeals the Workplace Relations Act 1996 1 Sections 3 to 18, Parts 2 to 23 and Schedules 2 to 9]
    Schedule 2 - Overarching Schedule about transitional matters
    Schedule 3 - Continued existence of awards, workplace agreements and certain other WR Act instruments
    Schedule 4 - National Employment Standards
    Schedule 5 - Modern awards (other than enterprise awards)
    Schedule 6 - Modern enterprise awards
    Schedule 7 - Enterprise agreements and workplace determinations made under the FW Act
    Schedule 8 - Workplace agreements and workplace determinations made under the WR Act
    Schedule 9 - Minimum wages
    Schedule 10 - Equal remuneration
    Schedule 11 - Transfer of business
    Schedule 12 - General protections
    Schedule 12A - Unfair dismissal
    Schedule 13 - Bargaining and industrial action
    Schedule 14 - Right of entry
    Schedule 15 - Stand down
    Schedule 16 - Compliance
    Schedule 17 - Amendments relating to the Fair Work Divisions of the Federal Court and the Federal Magistrates Court
    Schedule 18 - Institutions
    Schedule 19 - Dealing with disputes
    Schedule 20 - WR Act transitional awards etc.
    Schedule 21 - Clothing Trades Award 1999
    Schedule 22 - Registered organisations
    Schedule 23 - Other amendments of the FW Act

  12. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work (State Referral and Consequential and Other Amendments) Act 2009 (No. 54, 2009). - Act on-line

    Adoption: 2009-06-25 | AUS-2009-L-82508

    The Fair Work (State Referral and Consequential and Other Amendments) Act 2009 amends the Fair Work Act 2009 (FW Act) to enable States to refer matters to the Commonwealth to establish a national workplace relations system. The Act makes transitional arrangements for Victorian employees and employers, who were covered by the Workplace Relations Act 1996 as a result of a reference of power and who are covered by a new reference of power.

    This Act also makes transitional and consequential amendments to other Commonwealth legislation required as a result of the FW Act and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

  13. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work Act 2009 (No. 28, 2009). - Legislation on-line Legislation on-line Legislation on-line

    Adoption: 2009-04-07 | Date of entry into force: 2009-07-01 | AUS-2009-L-81591

    Chapter 1 - Introduction
    Chapter 2 - Terms and conditions of employment
    Chapter 3 - Rights and responsibilities of employees, employers, organizations etc.
    Chapter 4 - Compliance and enforcement
    Chapter 5 - Administration
    Chapter 6 - Miscellaneous
    Schedule 1 - Transitional provisions

    The Fair Work Act (FWA):
    - replaces the Australian Fair Pay and Conditions Standard with a more comprehensive "safety net" of minimum terms and conditions regulated by legislation in the form of the National Employment Standards (NES) and the new "modern awards" which come into force on 1 January 2010;
    - establishes a new institutional framework for the administration of the federal industrial relations system, with Fair Work Australia (FWA) and the Fair Work Ombudsman replacing the tribunals, agencies and courts that formerly had a role in making and enforcing employment terms and conditions;
    - makes key changes to the system of enterprise bargaining to provide for a greater role for unions in collective bargaining and for FWA in overseeing the bargaining process; and
    - enhances protections dealing with workplace and industrial rights (such as freedom of association) and unfair dismissal laws.

    The FWA applies nationally to all employment by constitutional corporations. With respect to certain States the Act applies:
    - in Victoria, ACT and the Northern Territories to all other employment;
    - in New South Whales, Queensland and South Australia to all other private sector employment (from 1 January 2010)
    - in Tasmania to all other private sector and local government employment (from 1 January 2010).

    The FWA does not apply:
    - in Western Australia to state public sector and local government employment and employment by non-constitutional corporations in the private sector
    - in New South Wales, Queensland and South Australia to state public sector and local government employment
    - in Tasmania to state public sector employment.

  14. Australia - Labour codes, general labour and employment acts - Regulation, Decree, Ordinance

    Fair Work Regulations 2009 (S.L.I 2009 No. 112). - Legislation on-line

    Adoption: 2009 | AUS-2009-R-87913

    Implements the Fair Work Act.

  15. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work (Commonwealth Powers) and Other Provisions Act 2009. - Legislation on-line

    Adoption: 2009 | AUS-2009-L-97953

    An Act to refer particular matters relating to workplace relations to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Commonwealth Constitution.

  16. Australia - Labour codes, general labour and employment acts - Law, Act

    Workplace Relations Amendment (Work Choices) Act 2005 (No. 153, 2005). - Act on-line

    Adoption: 2005-12-14 | AUS-2005-L-72561

    Amends the Workplace Relations Act 1996. Creates a national workplace relations system, including the establishment of the Australian Fair Pay Commission (AFPC) which will set and adjust minimum and award classification wages, minimum conditions of employment; direct bargaining between employers and employees; the role of the Australian Industrial Relations Commission, particularly in relation to regulation of industrial action; a simplified system of awards; transmission of business rules; protection of key award conditions in bargaining processes; dispute settlement procedures; extension of the compliance regime and transitional arrangements.

  17. Australia - Labour codes, general labour and employment acts - Law, Act

    Industrial Law Reform (Fair Work) Act 2005 (No. 3 of 2005). - Act on-line

    Adoption: 2005-03-03 | AUS-2005-L-75207

    Amends a large number of sections in the Industrial and Employee Relations Act including the title which is changed to the "Fair Work Act 1994". Also adds a new section 3A concerning outworkers. Amends the Long Service Leave Act 1987, Schedlule 1 concerning Transitional Provisions.

  18. Australia - Labour codes, general labour and employment acts - Law, Act

    Workplace Relations Legislation Amendment Act 2002 (No. 127 of 2002). - Act No. 127 of 2002

    Adoption: 2002-12-11 | AUS-2002-L-68949

    Makes miscellaneous amendments to Safety, Rehabilitation and Compensation Act 1988, Seafarers Rehabilitation and Compensation Act 1992, Seafarers Rehabilitation and Compensation Levy Collection Act 1992, as well as a number of other acts relating to National Labour Consultative Council.

  19. Australia - Labour codes, general labour and employment acts - Law, Act

    Fair Work Act 1994 (No. 52 of 1994). (Industrial and Employee Relations Act 1994.) - Act on-line

    Adoption: 1994-06-16 | AUS-1994-L-75204

    Chapter 1 - Preliminary
    Chapter 2 - Judicial and administrative industrial authorities
    Chapter 3 - Employment
    Chapter 4 - Associations
    Chapter 5 - The Court and the Commission - procedures and powers

  20. Australia - Labour codes, general labour and employment acts - Law, Act

    Industrial Code Amendment Act 1972.

    Adoption: 1972-11-30 | AUS-1972-L-16387

    An Act to amend the Industrial Code 1967-1972. No. 124. Inter alia, replaces various headings and repeals ss. 166, 167, 170 to 193, 195, 196, 198 to 201, 206 and 209 to 216.


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