Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p1
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 1/32)
Character Range: 50884–53531

4     Part 3‑3—industrial action

 (4) For subsection 34(3) of the Act, Part 3‑1 of the Act, and the rest of the Act so far as it relates to that Part, are extended to:
 (a) an Australian employer; and
 (b) an Australian‑based employee;
in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note: Part 3‑1 of the Act relates to general protections.
 (5) For subsection 34(3) of the Act, Part 3‑2 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian‑based employee in relation to the employee's Australian employer in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note: Part 3‑2 of the Act relates to unfair dismissal.
 (6) For subsection 34(3) of the Act, Part 3‑5 of the Act, and the rest of the Act so far as it relates to that Part, are extended to an Australian employer in relation to the employer's Australian‑based employees in relation to all of the area outside the outer limits of the exclusive economic zone and the continental shelf.
Note 1: Part 3‑5 of the Act relates to stand down.
Note 2: Provisions of the Act that are specified as extending beyond the exclusive economic zone and the continental shelf (including provisions relating to compliance and enforcement, administration and right of entry by reason of the extension of the rest of the Act, so far as it relates to the specified provisions) are subject to:
(a) Australia's international obligations relating to foreign ships; and
(b) the concurrent jurisdiction of a foreign State.

1.15G  Amendments made by Fair Work Amendment Regulation 2012 (No. 2)
  The amendments of regulations 1.15B, 1.15D and 1.15E made by Schedule 1 to the Fair Work Amendment Regulation 2012 (No. 2) do not apply in relation to:
 (a) a licensed ship within the meaning of regulation 1.15B as in force immediately before the commencement of the Fair Work Amendment Regulation 2012 (No. 2); or
 (b) a permit ship within the meaning of regulation 1.15B as in force immediately before the commencement of the Fair Work Amendment Regulation 2012 (No. 2).

Division 4—Miscellaneous

1.16  Interaction between fair work instruments and public sector employment laws
  For paragraph 40(2)(b) of the Act, a fair work instrument or a term of a fair work instrument (other than an FWC order or a term of an FWC order) is prescribed for the purposes of the following laws:
 (a) an ordinance made under the Seat of Government (Administration) Act 1910 that:
 (i) deals with public sector employment; and
 (ii) was, immediately before