Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:5:p1
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 5 (pt 1/6)
Character Range: 37296–39870

5  A rate of pay calculated by reference to the number of tasks performed.

Part 1‑3—Application of the Act

Division 2—Interaction with State and Territory laws

1.13  State and Territory laws that are not excluded by section 26 of the Act—prescribed laws
  For paragraph 27(1)(b) of the Act, each of the following laws of a State or Territory is a law to which section 26 of the Act does not apply:
 (a) a law dealing with the suspension, cancellation or termination of a training contract;
 (aa) a law dealing with the suspension, cancellation or termination of a contract of employment that is:
 (i) associated with a training contract; and
 (ii) entered into as part of a training arrangement;
 (b) a law dealing with a period of probation of an employee that:
 (i) is part of a training arrangement; but
 (ii) is not a period of probationary employment;
 (c) a law that provides protection for an employee who discloses information or makes a complaint under a law that deals with any of the following:
 (i) whistleblowers;
 (ii) environmental protection;
 (iii) health services;
 (iv) transport safety or operations;
 (v) the supply of essential services.
Note: Under subsection 27(1) of the Act, section 26 of the Act does not apply to a law of a State or Territory so far as the law is prescribed by the regulations as a law to which section 26 does not apply.

1.14  Act excludes prescribed State and Territory laws
  For subsection 28(1) of the Act, each of the following laws of a State or Territory is prescribed:
 (a) a law relating to child labour, to the extent to which it deals with terms and conditions of employment that:
 (i) are provided for by the National Employment Standards; or
 (ii) may be included in a modern award; or
 (iii) may be included in an enterprise agreement under section 55 of the Act;
  but not to the extent to which it deals with the times at which, or the periods during which, a child may be employed;
 (b) a law relating to training arrangements, to the extent to which it deals with terms and conditions of employment that:
 (i) are provided for by the National Employment Standards; or
 (ii) may be included in a modern award; or
 (iii) may be included in an enterprise agreement under section 55 of the Act;
 (c) the Contracts Review Act 1980 of New South Wales, to the extent to which it relates to contracts of employment.
Note: Under subsection 28(1) of the Act, the Act is intended to apply to the exclusion of a law of a State or Territory that is prescribed by the regulations.

1.15  Interaction of modern awards and