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Section : 40 Acts done under statutory authority
Domain : Human Resource Management
Classification : Not Identified

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(1) Nothing in Division 1 or 2 affects anything done by a person in direct compliance with:

(c) a determination or decision of the Commission;
(d) an order of a court; or
(e) an order, determination or award of a court or tribunal having power to fix minimum wages and other terms and conditions of employment; or
(g) an instrument (an industrial instrument ) that is:
(i) a fair work instrument (within the meaning of the Fair Work Act 2009 ); or
(ii) a transitional instrument or Division 2B State instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 ). Note: A person does not comply with an industrial instrument for the purpose of this subsection if that person purports to comply with a provision of that instrument that has no effect. Accordingly, the exemption under this subsection for acting in direct compliance with such an instrument would not apply in such circumstances.