Fair Work Amendment (State Referrals and Other Measures) Act 2009 (124 of 2009)
Schedule 1 Referring States
Fair Work Act 2009
31 Subsection 30B(6)
Repeal the subsection, substitute:
Effect of termination of reference
(6) Despite anything to the contrary in a referral law of a State, a State ceases to be a referring State if any or all of the following occurs:
(a) the State's initial reference terminates;
(b) the State's amendment reference terminates, and neither of subsections (7) and (8) apply to the termination;
(c) the State's transition reference terminates.
(7) A State does not cease to be a referring State because of the termination of its amendment reference if:
(a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and
(b) the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and
(c) that State's amendment reference, and the amendment reference of every other referring State (other than a referring State that has terminated its amendment reference in the circumstances referred to in subsection (8)), terminate on the same day.
(8) A State does not cease to be a referring State because of the termination of its amendment reference if:
(a) the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and
(b) the day fixed is no earlier than the first day after the end of the period of 3 months beginning on the day on which the proclamation is published; and
(c) the Governor of that State, as part of the proclamation by which the termination is to be effected, declares that, in the opinion of the Governor, this Act:
(i) is proposed to be amended (by an amendment introduced into the Parliament by a Minister); or
(ii) has been amended;
in a manner that is inconsistent with one or more of the fundamental workplace relations principles.
(9) The following are the fundamental workplace relations principles :
(a) that this Act should provide for, and continue to provide for, the following:
(i) a strong, simple and enforceable safety net of minimum employment standards;
(ii) genuine rights and responsibilities to ensure fairness, choice and representation at work, including the freedom to choose whether or not to join and be represented by a union or participate in collective activities;
(iii) collective bargaining at the enterprise level with no provision for individual statutory agreements;
(iv) fair and effective remedies available through an independent umpire;
(v) protection from unfair dismissal;
(b) that there should be, and continue to be, in connection with the operation of this Act, the following:
(i) an independent tribunal system;
(ii) an independent authority able to assist employers and employees within a national workplace relations system.