Fair Work Act 2009

For the purposes of this Chapter, the rights, entitlements, obligations and liabilities of a regulated worker, a regulated business or a party to a services contract are not affected by a law of a State or Territory to the extent that the law would otherwise do one or more of the following:

take or deem the regulated business, regulated worker or party to be an employer or employee, or otherwise treat the regulated business, regulated worker or party as if the regulated business, regulated worker or party, as the case requires, were an employer or employee, for the purposes of a law that relates to one or more workplace relations matters (or provide a means for the regulated business, regulated worker or party to be so taken, deemed or treated);

confer or impose rights, entitlements, obligations or liabilities on the regulated business, regulated worker or party in relation to matters that, in an employment relationship, would be workplace relations matters (or provide a means for rights, entitlements, obligations or liabilities in relation to such matters to be conferred or imposed on the regulated business, regulated worker or party);

without limiting paragraphs (a) and (b)—expressly provide for a court, commission or tribunal to do any of the following in relation to a services contract on an unfairness ground:

make an order or determination (however described) setting aside, or declaring to be void or otherwise unenforceable, all or part of the services contract;

make an order or determination (however described) amending or varying all or part of the services contract.

For the meaning of workplace relations matter, see section 536JQ.

For the meaning of unfairness ground, see section 536JR.

The rights, entitlements, obligations and liabilities of a regulated business, a regulated worker or a party to a services contract are not affected by a law of a State or Territory that is specified in regulations made for the purposes of this subsection, to the extent that the law is so specified.

Subsection (1) does not apply in relation to:

a law of a State or Territory, to the extent that the law deals with matters relating to outworkers (including entry of a representative of a trade union to premises for a purpose connected with outworkers), other than matters mentioned in paragraph (1)(c); or

any of the following laws:

Chapter 6 of the Industrial Relations Act 1996 (NSW) (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6);

the Owner Drivers and Forestry Contractors Act 2005 (Vic.); or

a law of a State or Territory that is specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified.

For interaction of these laws with minimum standards orders, see section 536JS.

To avoid doubt, subsection (2) has effect even if a law specified in regulations made under that subsection:

is a law referred to in paragraph (3)(a) or (3)(b); or

deals with matters that, because of subsection 536JQ(2), are not workplace relations matters.

Without limiting any other provision of this Act, a reference in this section to a law of a State or Territory:

includes a reference to a regulation, rule or other instrument (however described) made pursuant to, or for the purposes of, a law of a State or Territory; and

is a reference to a law of a State or Territory as in force from time to time.