Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_7c:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 7C (pt 1/2)
Character Range: 42224–44925

7C  Act excludes some State and Territory laws

 (1) This Act is intended to apply to the exclusion of all the following laws of a State or Territory so far as they would otherwise apply in relation to an employee or employer:
 (a) a State or Territory industrial law;
 (b) a law that applies to employment generally and deals with leave other than long service leave;
 (c) a law providing for a court or tribunal constituted by a law of the State or Territory to make an order in relation to equal remuneration for work of equal value (as defined in section 170BB);
 (d) a law providing for the variation or setting aside of rights and obligations arising under a contract of employment, or another arrangement for employment, that a court or tribunal finds is unfair;
 (e) a law that entitles a representative of a trade union to enter premises.

Note: Subsection 4(1) defines applies to employment generally.

State and Territory laws that are not excluded

 (2) However, subsection (1) does not apply to a law of a State or Territory so far as:
 (a) the law deals with the prevention of discrimination, the promotion of EEO or both, and is neither a State or Territory industrial law nor contained in such a law; or
 (b) the law is prescribed by the regulations as a law to which subsection (1) does not apply; or
 (c) the law deals with any of the matters (the non‑excluded matters) described in subsection (3).

 (3) The non‑excluded matters are as follows:
 (a) superannuation;
 (b) workers compensation;
 (c) occupational health and safety (including entry of a representative of a trade union to premises for a purpose connected with occupational health and safety);
 (ca) matters relating to outworkers (including entry of a representative of a trade union to premises for a purpose connected with outworkers);
 (d) child labour;
 (e) long service leave;
 (f) the observance of a public holiday, except the rate of payment of an employee for the public holiday;
 (g) the method of payment of wages or salaries;
 (h) the frequency of payment of wages or salaries;
 (i) deductions from wages or salaries;
 (k) industrial action (within the ordinary meaning of the expression) affecting essential services;
 (l) attendance for service on a jury;
 (m) regulation of any of the following:
 (i) associations of employees;
 (ii) associations of employers;
 (iii) members of associations of employees or of associations of employers.

Note: Part IX (Right of entry) sets prerequisites for a trade union representative to enter certain premises under a right given by a prescribed law of a State or Territory. The prerequisites apply even though the law deals with such entry for a purpose connected