Senate debates

Monday, 26 November 2012

Bills

Fair Work Amendment (Transfer of Business) Bill 2012; In Committee

12:58 pm

Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Hansard source

by leave—I move government amendments (2), (11), (12), (14) and (17) to (21) on sheet BW270 together:

(2) Schedule 1, item 1, page 5 (line 22), omit "paragraphs 768AD(1)(a), (b) and (c)", substitute "paragraph 768AD(1)(a)".

(11) Schedule 1, item 1, page 43 (table item 3, column 1), after "item 13", insert "(other than note 1 and note 2)".

(12) Schedule 1, item 3, page 47 (lines 10 to 12), omit the item, substitute:

3 Section 9A

Repeal the section, substitute:

9A Application, transitional and saving provisions for amendments (Schedules)

  The Schedules contain application, transitional and saving provisions relating to amendments of this Act.

     Note: Application, transitional and saving provisions relating to the enactment of this Act, and States becoming referring States, are in the Transitional Act.

(14) Schedule 1, page 49 (after line 14), after item 18, insert:

18A Section 12

Insert:

  local government employee has the same meaning as in subsection 30K(1).

18B Section 12

Insert:

  local government employer has the same meaning as in subsection 30K(1).

(17) Schedule 1, item 34, page 51 (line 24), after "law enforcement officer of the State", insert "but does not include a local government employee of the State".

(18) Schedule 1, item 35, page 52 (lines 14 and 15), omit "law enforcement officers of the State", substitute "a law enforcement officer of the State but does not include a local government employer of the State".

(19) Schedule 1, page 54 (after line 31), after item 54, insert:

54A Subsection 341(5)

Omit "Part 2 8 (which deals", substitute "Part 2 8 or 6 3A (which deal".

(20) Schedule 1, page 56 (after line 8), after item 62, insert:

62A Section 795A

Repeal the section, substitute:

795A The Schedules

  The Schedules have effect.

     Note: The Schedules contain application, transitional and saving provisions relating to amendments of this Act.

(21) Schedule 1, item 67, page 56 (line 22) to page 57 (line 16), omit the item, substitute:

67 After Schedule 1

Insert:

Schedule 2—Amendments made by the Fair Work Amendment (Transfer of Business) Act 2012

  Note: See section 795A.

1 Definitions

  In this Schedule:

  amending Act means the Fair Work Amendment (Transfer of Business) Act 2012.

  commencement means the commencement of this Schedule.

2 Application of the amendments made by the amending Act

  The amendments made by the amending Act apply in relation to a transfer of business referred to in Part 6 3A (as inserted by item 1 of Schedule 1 to the amending Act), but only if the connection between the old State employer and the new employer referred to in paragraph 768AD(1)(d) (as inserted by that item) occurs on or after commencement.

Question agreed to.

Bill, as amended, agreed to.

Bill reported with amendments; report adopted.

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