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1998-1999-2000-2001
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT (SMALL BUSINESS AND OTHER MEASURES) BILL 2001
SUPPLEMENTARY EXPLANATORY MEMORANDUM
(Amendments to be moved on behalf of the Government)
(Circulated by authority of the Minister for Employment, Workplace Relations and Small Business, the Honourable Tony Abbott MP)
(Amendments to be moved on behalf of the Government)
The Government is proposing amendments to the Bill to address technical issues associated with the interaction between this Bill and the Workplace Relations (Registered Organisations) (Consequential Provisions) Bill 2001.
The Bill as introduced proposes to enable the Industrial Registrar to issue certificates on application of an employee organisation which would establish certain facts to which the membership of a particular person of the organisation is relevant. The certificates allow an organisation to prove relevant facts while assuring the confidentiality of the employee or employees concerned.
The Bill proposes two new provisions relating to such certificates (certificate provisions). The first of these provisions would allow a certificate to be issued to the effect that an employee employed by a particular employer is a member of an organisation. This provision relates to proposed amendments in Schedule 6 of the Bill dealing with federal awards. The second certificate provision would allow the Registrar to issue a certificate as to the existence of an invitation by a member of an organisation for the organisation to enter premises. This provision relates to proposed amendments in Schedule 7 of the Bill dealing with entry and inspection of premises by organisations.
The Bill currently proposes that these provisions be located in Part IX of the Workplace Relations Act 1996, together with existing provisions enabling the Registrar to issue certificates to organisations. These certificates are issued pursuant to sections 291 and 291A of the Workplace Relations Act 1996.
However, the Workplace Relations (Registered Organisations) (Consequential Provisions) Bill 2001, which is currently before the Parliament, proposes to repeal most of Part IX of the Workplace Relations Act 1996. If this Bill were to commence prior to the Workplace Relations (Registered Organisations) (Consequential Provisions) Bill 2001, the latter Bill would inadvertently repeal the new certificate provisions. If the Workplace Relations (Registered Organisations) (Consequential Provisions) Bill 2001 were to commence first, the amendments providing for the new certificate provisions could not operate, because the amendments would seek to insert the new certificate provisions by reference to provisions which had been repealed.
These proposed amendments would address this by locating the new certificate provisions together with other provisions of the Workplace Relations Act 1996 to which they relate.
The proposed amendments are not expected to have any impact on Commonwealth expenditure.
NOTES ON AMENDMENTS
The effect of Amendment No. 1 would be to replace proposed section 290A with proposed section 101C. The text of the replacement provision is identical to that of the originally proposed provision.
The effect of this amendment would be to relocate the proposed section in Division 2 of Part VI of the Workplace Relations Act 1996, together with other provisions dealing with federal awards.
Amendment No. 2 would replace the reference to “section 291B” in
proposed section 285CA with a reference to “section 285CC”.
This
amendment is consequential upon the replacement (proposed by Amendment Nos. 3
and 5) of proposed section 291B by proposed section 285CC.
The effect of this amendment, with Amendment No. 5, would be to replace
proposed section 291B with proposed section 285CC. The text of the replacement
provision is identical to that of the originally proposed provision.
The
effect of this amendment, with Amendment No. 5, would be to relocate the
proposed section in Division 11A of Part IX of the Workplace Relations Act
1996, together with other provisions dealing with entry and inspection of
premises by organisations.
Amendment No. 4 would replace the reference to “section 291B” in
proposed section 285D with a reference to “section 285CC”.
This
amendment is consequential upon the replacement (proposed by Amendment Nos. 3
and 5) of proposed section 291B with proposed section 285CC.
Amendment No. 5 would omit item 10 of the Schedule, which proposed to insert
new section 291B into the Workplace Relations Act 1996.
The effect of
this amendment, with Amendment No. 5, would be to replace proposed section 291B
with proposed section 285CC. The text of the replacement provision is identical
to that of the originally proposed provision.
This item amends Part 2, Application and transitional provisions, of Schedule 7 to the Bill, which deal with the commencement of the proposed amendments in Schedule 7. Amendment No. 6 would omit the reference in subitem 12(1) to items “9 to 11” and replace it with a reference to items “9 and 11”. This amendment is consequential upon the omission (proposed by Amendment No. 5) of item 10 of Schedule 7. (The commencement of new item 6A, proposed by Amendment No. 3, does not require any consequential amendment, as it will be encompassed within the existing reference to “items 1 to 7”.)