Fair Work Amendment (State Referrals and Other Measures) Act 2009 (124 of 2009)

Schedule 3   Other amendments

Part 1   Main amendments

Fair Work Act 2009

10   After section 569

Insert:

569A State or Territory Minister's entitlement to intervene

(1) The Minister of a State or Territory who has responsibility for workplace relations matters may intervene on behalf of the State or Territory in proceedings before a court (including a court of a State or Territory) in relation to a matter arising under this Act if he or she believes it is in the public interest of the State or Territory to do so.

(2) If the Minister of a State or Territory who has responsibility for workplace relations matters intervenes, he or she is taken to be a party to the proceedings for the purposes of instituting an appeal from a judgment given in the proceedings.

(3) Despite section 570, a court may make an order as to costs against a State or Territory if:

(a) the Minister of a State or Territory who has responsibility for workplace relations matters intervenes under subsection (1); or

(b) he or she institutes an appeal from a judgment as referred to in subsection (2).