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

Schedule 40   Amendments of Sex Discrimination Act 1984

[3]   Paragraph 40(1)(f)

substitute

(f) a decision of the Australian Fair Pay Commission (within the meaning of the Workplace Relations Act 1996); or

(g) 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.