Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1) (50 of 2006)

Schedule 30   Amendment of Age Discrimination Act 2004

[1]   Subsection 39(8), including the subheading

substitute

Workplace relations

(8) This Part does not make unlawful anything done by a person in direct compliance with any of the following:

(a) an order, decision or award of a court or tribunal having power to fix minimum wages;

(b) any of the following instruments (an industrial instrument ) within the meaning given by the Workplace Relations Act 1996:

(i) an award or a variation or order affecting an award;

(ii) a transitional award or a variation or order affecting a transitional award;

(iii) a pre-reform certified agreement;

(iv) a notional agreement preserving State awards.

Note A person does not comply with an industrial instrument for the purpose of subsection (1) if that person purports to comply with a provision of that instrument that is void (for example, a term of a pre-reform certified agreement is void to the extent that it contains prohibited content prescribed for section 356 of the Workplace Relations Act 1996: see section 358 of that Act). Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.