Joe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

In relation to the first question above, the Government understands that the decision was made in relation to a dispute referred to FWA under section 739 of the Fair Work Act 2009 (FW Act). The decision dealt with the interpretation of the Australian Customs Service Collective Agreement 2007 – 2010, an agreement made under the Workplace Relations Act 1996 (WR Act)as amended by the Workplace Relations Amendment (Work Choices) Act 2005. The agreement became an agreement-based transitional instrument under the FW Act from 1 July 2009.

In relation to question (a) above, Schedule 19 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 provides for the continued application of the WR Act on or after 1 July 2009 for the purpose of dealing with disputes in relation to matters arising under an agreement-based transitional instrument.

In relation to question (b) above, the Government is not aware of the particular facts and circumstances of the matter.