Victorian Numbered Acts

FAIR WORK (COMMONWEALTH POWERS) ACT 2009 (NO. 24 OF 2009) - SECT 35

    (1)     For sections 87(1)(b) and 87(1)(c) of the Occupational Health and Safety Act 2004 substitute —

    "(b)     the suspected contravention relates to or affects work that is being carried out by one or more persons whose employment is subject to a collective agreement, a certified agreement or an enterprise agreement, or relates to or affects any of those persons, and that agreement applies to the registered employee organisation;

        (c)     the suspected contravention relates to or affects work that is being carried out by one or more persons—

              (i)     who are eligible to be members of the registered employee organisation; and

              (ii)     whose employment is not subject to a collective agreement, a certified agreement or an enterprise agreement which applies to any registered employee organisation—

or relates to or affects any of those persons.".

    (3)     For section 87(4) of the Occupational Health and Safety Act 2004 substitute —

        "(4)     In this section—

"certified agreement "means a pre-reform certified agreement that continues in existence as a transitional instrument under the Fair Work Transition Act;

"collective agreement" means a workplace agreement that is a collective agreement that continues in existence as a transitional instrument under the Fair Work Transition Act;

"enterprise agreement" means an enterprise agreement made under the Commonwealth Fair Work Act.".

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See:
Act No.
71/2007
and amending
Act Nos
12/2008 and 4/2009.
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