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National Workplace Relations: now featuring "modification and application" provisions

A new feature has been added to National Workplace Relations that will revolutionise the way you use the legislation and will save you significant research time.

As a result of the complex transition to the Fair Work regime, Parliament has been enacting “Modification and Application” provisions that directly affect the way legislation needs to be read, without actually amending it. It is not sufficient to rely on the changes that have been made by Parliamentary process as a complete statement of the legislation for all situations. Users of the legislation must be aware that they need to read some provisions of the core legislation as if they were modified in ways that are not noted in the official compilation. Broadly speaking, these modifications operate similarly to transitional, application and savings provisions but they have been drafted and brought into effect differently.

We have located all of these “Modification and Application” provisions impacting on the Fair Work Act 2009, the Fair Work Regulations 2009, the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and the Fair Work (Registered Organisations Act 2009) and have provided them, directly following the affected provisions, to enable you to read a provision in its full context.

This feature was first published in Thomson Reuters’ Fair Work Legislation 2010 book (released August 2010) and is not available elsewhere, including in the official published versions of the legislation.

By Tara Crisp