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Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
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Administered by
Department of Employment and Workplace Relations
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C2022C00331 (C12)
07 December 2022
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1 Short title
2 Commencement
3 Schedule(s)
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4 Regulations
Schedule 1—Repeals
Workplace Relations Act 1996
Schedule 2—Overarching Schedule about transitional matters
Part 1—Interpretation of the transitional Schedules
Part 2—Regulations about transitional matters
Part 3—Conduct before WR Act repeal day etc.
Schedule 3—Continued existence of awards, workplace agreements and certain other WR Act instruments
Part 1—Preliminary
Part 2—Continued existence of WR Act instruments as transitional instruments
Part 3—Variation and termination of transitional instruments
Part 4—Transitional instruments and the Australian Fair Pay and Conditions Standard
Part 5—Transitional instruments and the FW Act
Division 1—Interaction between transitional instruments and the National Employment Standards
Division 2—Interaction between transitional instruments and FW Act modern awards, enterprise agreements and workplace determinations
Division 3—Other general provisions about how the FW Act applies in relation to transitional instruments
Part 6—Preservation of redundancy provisions in agreements etc.
Part 7—Victorian employment agreements
Part 8—Transitional pay equity order taken to have been made by FWA—Division 2B State reference transitional awards
Schedule 3A—Treatment of State awards and State employment agreements of Division 2B referring States
Part 1—Preliminary
Part 2—Division 2B State instruments
Part 3—Variation and termination of Division 2B State instruments
Part 4—Transition of employees from Division 2B State awards to FW Act modern awards
Division 1—FWA required to consider varying modern awards etc.
Division 1A—Transitional pay equity order taken to have been made by FWA—Division 2B State awards
Division 2—Avoiding reductions in take home pay
Part 5—Division 2B State instruments and the FW Act
Division 1—Interaction between Division 2B State instruments and the National Employment Standards
Division 2—Interaction between Division 2B State instruments and FW Act modern awards, enterprise agreements and workplace determinations
Division 3—Other general provisions about how the FW Act applies in relation to Division 2B State instruments
Part 6—Ongoing operation of State laws for transitional purposes
Schedule 4—National Employment Standards
Part 1—Preliminary
Part 2—Continued application of WR Act minimum entitlements provisions (other than wages) during bridging period
Part 3—Operation of the National Employment Standards
Division 1—Operation in relation to employees other than Division 2B State reference employees
Division 2—Operation in relation to Division 2B State reference employees
Schedule 5—Modern awards (other than modern enterprise awards and State reference public sector modern awards)
Part 1—Preliminary
Part 2—The WR Act award modernisation process
Part 3—Avoiding reductions in take home pay
Schedule 6—Modern enterprise awards
Part 1—Preliminary
Part 2—The enterprise instrument modernisation process
Division 1—Enterprise instruments
Division 2—The enterprise instrument modernisation process
Division 3—Avoiding reductions in take home pay
Division 4—Application of the FW Act
Part 3—Amendments
Fair Work Act 2009
Schedule 6A—State reference public sector modern awards
Part 1—Preliminary
Part 2—The State reference public sector transitional award modernisation process
Division 1—State reference public sector transitional awards
Division 2—The State reference public sector transitional award modernisation process
Division 3—Avoiding reductions in take home pay
Division 4—Application of the FW Act
Schedule 7—Enterprise agreements and workplace determinations made under the FW Act
Part 1—Preliminary
Part 2—Transitional provisions relating to the application of the no disadvantage test to enterprise agreements made and varied during bridging period
Division 1—Enterprise agreements and variations made during bridging period must pass no disadvantage test
Division 2—The no disadvantage test
Part 3—Other requirements and modifications applying to making and varying enterprise agreements during the bridging period
Division 1—Requirements relating to approval
Division 2—Base rate of pay
Division 3—No extensions of time
Division 4—State and Territory laws dealing with long service leave
Part 4—Transitional provisions to apply the better off overall test after end of bridging period if award modernisation not yet completed
Part 4A—Transitional provisions to apply the better off overall test to enterprise agreements that cover Division 2B State award covered employees
Part 5—Transitional provisions relating to workplace determinations made under the FW Act
Part 6—Interaction with Australian Fair Pay and Conditions Standard during bridging period
Part 7—Transitional provision about the operation of the better off overall test if a transitional pay equity order applies
Part 8—Transitional provisions relating to termination and sunsetting of enterprise agreements made during the bridging period
Schedule 8—Workplace agreements and workplace determinations made under the WR Act
Part 1—Preliminary
Part 2—Transitional provisions relating to workplace agreements
Division 1—Transitional provisions relating to collective agreements made before the WR Act repeal day
Division 2—Transitional provisions relating to variations of collective agreements made before the WR Act repeal day
Division 3—Transitional provisions relating to pre WR Act repeal day terminations of collective agreements
Division 4—Transitional provisions relating to ITEAs made before the WR Act repeal day
Division 5—Transitional provisions relating to variations of ITEAs made before the WR Act repeal day
Division 6—Transitional provisions relating to pre WR Act repeal day terminations of ITEAs
Division 7—Transitional provisions relating to making ITEAs during the bridging period
Division 8—Applying the no disadvantage test where there is a transmission or transfer of business
Division 9—Miscellaneous
Part 3—Transitional provisions relating to workplace determinations made under the WR Act
Schedule 9—Minimum wages
Part 1—Preliminary
Part 2—Special provisions relating to FWA’s first annual wage review
Part 3—Continued application of WR Act provisions about minimum wages
Division 1—General provisions
Division 2—Special provisions about transitional APCSs
Division 3—Special provisions about the FMW, special FMWs and the default casual loading
Part 4—Universal application of minimum wages to employees: transitional instruments
Part 5—Provisions relating to Division 2B State instruments
Division 1—Universal application of minimum wages to employees: Division 2B State reference employees
Division 2—Other matters
Schedule 10—Equal remuneration
Part 1—Preliminary
Part 2—Equal remuneration orders under the FW Act
Part 3—Equal remuneration orders under the WR Act
Schedule 11—Transfer of business
Part 1—Preliminary
Part 2—Transmissions of business occurring before WR Act repeal day
Part 3—Transfers of business occurring on or after WR Act repeal day
Division 1—Transfers of business: transitional instruments
Division 2—Transfer of preserved redundancy provisions during bridging period
Division 3—Transfer of entitlements under the AFPCS during bridging period
Division 4—Transfers of business: Division 2B State instruments
Schedule 12—General protections
Schedule 12A—Unfair dismissal
Schedule 13—Bargaining and industrial action
Part 1—Preliminary
Part 2—Bargaining
Part 3—Industrial action
Part 4—Protected action ballots
Part 5—Effect of conduct engaged in while bargaining for WR Act collective agreement or collective State employment agreement
Part 6—Payments relating to periods of 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
Part 1—Amendments to the Federal Court of Australia Act 1976
Federal Court of Australia Act 1976
Part 2—Amendments to the Federal Magistrates Act 1999
Federal Magistrates Act 1999
Part 3—Other amendments
Administrative Decisions (Judicial Review) Act 1977
Part 4—Application and transitional provisions
Part 5—Jurisdiction of courts
Schedule 18—Institutions
Part 1—Initial appointment of FWA Members
Part 2—WR Act bodies and WR Act offices
Part 3—Transitional role for Fair Work Ombudsman and Inspectors
Part 4—Miscellaneous
Fair Work Act 2009
Schedule 19—Dealing with disputes
Schedule 20—WR Act transitional awards etc.
Schedule 21—Clothing Trades Award 1999
Schedule 22—Registered organisations
Part 1—Main amendments
Workplace Relations Act 1996
Part 2—State and federal organisations
Workplace Relations Act 1996
Part 3—Representation orders
Workplace Relations Act 1996
Part 4—References to Schedules to the Workplace Relations Act
Fair Work Act 2009
Workplace Relations Act 1996
Part 5—References to the Workplace Relations Act etc.
Workplace Relations Act 1996
Part 6—References to the Commission etc.
Workplace Relations Act 1996
Part 7—References to the Registrar etc.
Fair Work Act 2009
Workplace Relations Act 1996
Part 8—References to awards and collective agreements
Fair Work Act 2009
Workplace Relations Act 1996
Part 9—Transitional provisions etc.
Schedule 23—Other amendments of the FW Act
Fair Work Act 2009
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history