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

Schedule 35   Amendments of Disability Discrimination Act 1992

[3]   Paragraphs 47(1)(b) and (c)

substitute

(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;

to the extent to which the industrial instrument has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:

(v) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and

(vi) the salary or wages are determined by reference to the capacity of the person;

(c) an order, award or determination of a court or tribunal having power to fix minimum wages, to the extent to which the order, award or determination has specific provisions relating to the payment of rates of salary or wages to persons, in circumstances in which:

(i) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and

(ii) the salary or wages are determined by reference to the capacity of the person.

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.