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Section : 40 Interaction between fair work instruments and public sector employment laws
Domain : Human Resource Management
Classification : Not Identified
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Generally, public sector employment laws prevail (1) A public sector employment law prevails over a fair work instrument that deals with public sector employment, to the extent of any inconsistency. When fair work instruments or their terms prevail (2) However, a fair work instrument, or a term of a fair work instrument, that deals with public sector employment prevails over a public sector employment law, to the extent of any inconsistency, if: (a) the instrument or term is prescribed by the regulations for the purposes of that particular law; or