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THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
WORKPLACE RELATIONS
LEGISLATION AMENDMENT
(MORE JOBS, BETTER PAY) BILL
1999
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 Peter Reith MP)
ISBN: 0642 409676
WORKPLACE RELATIONS LEGISLATION AMENDMENT
(MORE
JOBS, BETTER PAY) BILL 1999
(Amendments to be moved on behalf of
the Government)
These amendments alter Schedules 2, 4, 6, 7, 8, 9, 11, 12, 13, 14, 17 and
18 of the Bill. The principal amendments are as follows:
Amendments are proposed that would omit those items which repeal of the
definitions of ‘designated Presidential Member’, ‘panel’
and reference to the Organisations Panel of the Commission.
Schedule
4 Conciliation
An amendment is proposed to ensure the Commission will
be able to exercise its powers of compulsory conciliation in relation to an
application for orders in respect of equal remuneration for work of equal
value.
Schedule 6 Awards
Amendments are proposed
to:
• enable bonuses for outworkers to be an allowable award
matter;
• establish that the prohibition on the Commission varying
an award to make a safety net wage adjustment prior to that award being
simplified will not come into effect until the end of a 6 month interim
period.
Schedule 7 Termination of employment
An amendment
is proposed to make it clear that, while the WR Act is meant to cover the field
for certain employees in relation to termination of employment vis-a-vis State
law, such employees will still be able to seek a remedy in respect of
termination under another federal law, for example federal anti-discrimination
legislation or, where relevant, under Territory anti-discrimination legislation.
An amendment is proposed to limit the right of organisations of employees
bound by certified agreements made under section 170LK to be heard in relation
to the proposed termination of the agreement.
An amendment is proposed to enable the Employment Advocate, or an
authorised officer, to apply to an eligible court on behalf of an employee to
recover compensation for shortfalls in entitlements in relation to AWAs.
Amendments are proposed to:
• ensure consistency between subsections 170MWB(1) and 170MWB(2) concerning the requirement for the Commission to suspend a bargaining period if the relevant conditions are met;
• establish a prohibition on the Federal Court issuing anti-suit injunctions in relation to actions taken under section 127 and the proposed suspension and termination provisions.
Amendments are proposed to:
• ensure an employee party to an AWA or State employment agreement whose nominal expiry date has not passed is not a relevant employee for the purposes of both a union initiated protected action ballot and a ballot initiated by an employee or group of employees;
• enable joint applicants for protected action ballots to request the Workplace Relations Registrar to reimburse costs associated with the ballot in a manner requested by the joint applicants.
An amendment is proposed to establish that an application to the Workplace
Registrar for a certificate under proposed section 291B must be made within 28
days of the invitation from the member being made.
Schedule 14 Freedom
of Association
An amendment is proposed to ensure that failure by a
person to pay a fee in respect of a conscientious objection certificate, or in
respect of services rendered by an industrial association, does not constitute
legitimate reasons for conduct to be taken against the person in contravention
of Part XA of the WR Act.
Schedule 17 Miscellaneous
amendments
An amendment is proposed to extend by another 12
months the time limit for the making of applications to withdraw from union
amalgamations that took place before the commencement of the provisions
concerning withdrawal from amalgamations.
Schedule 18 Amendments of
other Acts
An amendment is proposed to alter employer peak body
representation on the National Labour Consultative Council.
These proposed amendments will not have any significant financial impact
on the Commonwealth.
NOTES ON AMENDMENTS
Clause 2 - Commencement
Clause 2 specifies when the various
provisions of the Act are proposed to commence. The amendments to clause 2
relate to the relationship between the commencement of amendments proposed by
this Bill to subsection 83(2) of the Workplace Relations Act 1996 and an
amendment to that subsection to be contained in the Public Employment
(Consequential and Transitional) Amendment Act 1999.
Amendment
No. 1 – Clause 2, page 2 (after line 32)
Amendment No. 1
proposes to add new subclauses 2(11) and 2(12).
New subclause 2(11)
will provide that, if on the day that this Act receives the Royal Assent,
subsection 83(2) of the Workplace Relations Act 1996 (the WR Act) has
been repealed and replaced by an amendment made under the Public Employment
(Consequential and Transitional) Amendment Act 1999, then subitem 120(1)
does not have effect.
New subclause 2(12) will provide that if
subsection 83(2) of the WR Act has not been repealed and replaced by an
amendment made under the Public Employment (Consequential and Transitional)
Amendment Act 1999, subitem 120(1) will have effect. If, subsequently, the
Public Employment (Consequential and Transitional) Amendment Act 1999
repeals and replaces subsection 83(2) of the WR Act, then subitem 120(2)
will commence immediately after.
The operation of proposed subclauses
2(11) and 2(12) is discussed further below [see Amendment No. 5].
SCHEDULE 2 – RENAMING OF THE AUSTRALIAN INDUSTRIAL
RELATIONS COMMISSION, ETC AND RESTRUCTURING OF THE COMMISSION
Items 3, 4 and 33
Amendment No. 2 – page 7 (lines 14 to 18)
Amendment
No. 4 – page 13 (lines 7 and 8)
Amendment No. 2 proposes the
deletion of items 3 and 4 of the Bill. As the Bill is currently drafted, item 3
proposes to repeal the definition of ‘designated Presidential
Member’ in subsection 4(1) of the WR Act. Item 4 proposes to amend the
definition of ‘panel’ to delete the reference to a panel established
under section 38 of the WR Act (ie the Organisations Panel).
Amendment
No. 4 proposes the deletion of item 33 from the Bill. At present, item 33
proposes to repeal section 38 of the WR Act. Section 38 of the WR Act
establishes the Organisations Panel of the Commission.
A
‘designated Presidential Member’ is a member of the Organisations
Panel with responsibility for the exercise of particular functions and powers
referred to in relevant provisions of the WR Act.
The deletion of items
3, 4, and 33 is necessary because the Bill does not propose consequential
amendments to the provisions of the WR Act containing references to
‘designated Presidential Member’. It is intended that the
amendments contemplated by items 3, 4 and 33 and the consequential amendments to
the provisions of the WR Act which deal with the exercise of functions and
powers by designated Presidential Members will be contained in a future
bill.
Amendment No. 3 – page 8 (after line 23)
This
amendment proposes to insert new subsection 9(3B), which will have the effect of
preventing a person who is acting, or has acted, as a Presidential Member from
styling him or herself as ‘Justice’. The amendment would be in
similar terms to existing subsection 9(4) of the WR Act, which prevents a person
styling him or herself as ‘the Honourable’ merely because the person
has acted, or is acting, as a Presidential Member.
Item 120 – Subsection 83(2)
Amendment No. 5 – pages 25 and 26
This amendment
proposes the omission of item 120, and its replacement by subitems 120(1) and
120(2).
At present, item 120 of the Bill proposes to amend subsection
83(2) of the Workplace Relations Act 1996, so that it would provide that
the Workplace Relations Registrar will have the powers of, or exercisable by, a
Secretary of a Department of the Australian Public Service under the Public
Service Act 1922.
The Public Employment (Consequential and
Transitional) Amendment Bill 1999 proposes to repeal subsection 83(2) of the WR
Act, and replace it with the following provision:
‘(2) For the
purposes of the Public Service Act 1999:
(a) the Industrial
Registrar and the APS employees assisting the Industrial Registrar together
constitute a Statutory Agency; and
(b) the Industrial Registrar is the Head
of that Statutory Agency.’
Accordingly, if the Public Employment
(Consequential and Transitional) Amendment Act 1999 comes into force after
existing item 120, it will amend the references to ‘Workplace Relations
Registrar’ in subsection 83(2) back to ‘Industrial
Registrar’.
To ensure that all references to the ‘Industrial
Registrar’ in the Workplace Relations Act 1996 (the WR Act) are
changed to ‘Workplace Relations Registrar’, Amendment No. 5 proposes
to omit item 120, and replace it with a new item 120 containing two parts
– subitem 120(1) and subitem 120(2).
Subclause 2(11) will provide
that if, on the day the Workplace Relations Legislation Amendment (More Jobs,
Better Pay) Act 1999 (WRLA(MJBP) Act) receives Royal Assent after the Public
Employment (Consequential and Transitional) Amendment Act 1999 (the
PE(C&T)A Act) has commenced, subitem 120(1) will not commence, and subitem
120(2) will commence instead.
Alternatively, subclause 2(12) will provide
that, if at the time the WRLA(MJBP) Act receives Royal Assent, the PE(C&T)A
Act has not commenced, subitem 120(1) will have effect, with subitem 120(2)
commencing immediately after the commencement of the PE(C&T)A Act.
SCHEDULE 4 - CONCILIATION
Schedule 4 proposes amendments to the conciliation powers of the
Commission. The underlying principles for the amendments are
that:
• compulsory conciliation by the Commission should only be
available in relation to matters where the Commission has powers of
arbitration;
• the Commission should be conferred with express powers
of voluntary conciliation; and
• voluntary conciliation by the
Commission should be made available in respect of a wider range of matters on
payment of a fee.
Item 1 – Subsection 4(1)
Amendment No. 6 – page 45 (line 8)
This amendment
proposes to amend the proposed definition of ‘compulsory
conciliation’ contained in item 1 of Schedule 4 of the Bill, to insert a
reference to ‘Division 2’ of Part VIA of the WR Act. The amendment
will make clear that the Commission will be able to exercise its powers of
compulsory conciliation in the context of an application for orders in respect
of equal remuneration for work of equal value. This is consistent with the
principle that compulsory conciliation by the Commission should be available in
relation to matters where it has the powers of arbitration.
Item 61 – Application of Part 1 if dispute settling
procedures in awards or agreements provide for conciliation
Amendment No. 7 - page 58 (line 31) to page 59 (line 18)
This
amendment proposes to omit item 61 of Schedule 4 of the Bill.
Item 61
deals with the operation of dispute-settling provisions in awards, certified
agreements and Australian Workplace Agreements that are in force at the
commencement of the item and which provide for conciliation by the Commission.
Subitems 61(1), 61(2) and 61(3) would provide that, at the end of a three-month
transitional period, any reference in a dispute-settling clause to conciliation
by the Commission would be taken to be a reference to voluntary conciliation by
the Commission.
Item 61 is to be omitted because it is unnecessary;
the remainder of the amendments proposed by Schedule 4 will operate so that
where a dispute arising under a dispute-settling procedure in an award,
certified agreement or AWA concerns a matter that is not allowable, the
Commission will not be able to exercise its powers of compulsory conciliation.
This is because a dispute-settling procedure in an award or agreement cannot
give the Commission powers that it does not have under the WR Act.
SCHEDULE 6 – AWARDS
Item 11A – After paragraph
89(2)(s)
Item 11B – Paragraph 89A(2)(t)
Amendment No. 8 – page 69 (after line 17)
Amendment No. 8
proposes to insert new items 11A and 11B. New item 11A will amend subsection
89A(2) of the WR Act to insert new paragraph (sa). New paragraph (sa) will
contain a new allowable award matter – ‘bonuses for
outworkers’. The amendment is required because ‘bonuses’
generally are to be deleted as an allowable award matter [Schedule 6, item 3],
but are to be retained as an allowable award matter for outworkers.
Paragraph 89A(2)(t) presently allows the Commission to make provision in
awards for the pay and conditions of outworkers, ‘...but only to the
extent necessary to ensure that their overall pay and conditions of employment
are fair and reasonable in comparison with the pay and conditions
specified in a relevant award or awards for employees who perform the
same kind of work at the employer’s business or commercial
premises’. As ‘bonuses’ generally are to be deleted as an
allowable award matter and thus no longer going to be specified in awards,
paragraph 89A(2)(t) would not permit the inclusion in awards of clauses
providing for bonuses for outworkers.
New item 11B will make
consequential amendments to paragraph 89A(2)(t) to expressly provide that that
allowable award matter concerns pay and conditions for outworkers, other than
bonuses, which are fair and reasonable in comparison with the pay and conditions
specified in a relevant award or awards for employees who perform the same kind
of work at an employer’s commercial or business premises.
The
amendments proposed by items 11A and 11B are designed to ensure that outworkers
in the clothing industry who are paid in accordance with payment by results
systems do not lose access to that mode of remuneration.
Item 26 – Before subsection 113(4)
Amendment No. 9 – page 72 (line 32)
Amendment No. 10 -
-page 73 (line 1)
Amendment No. 9 proposes to amend the heading to item
26 of Schedule 6 of the Bill to omit the words ‘After subsection
113(3)’ and replace them with ‘Before subsection 113(4)’.
Amendment No. 10 proposes to amend item 26 to renumber the subsection
that it proposes to insert. At present, item 26 would insert new subsection
113(3A), which would preclude the Commission from varying an award to make a
safety net wage adjustment until the award has been reviewed in accordance with
the award simplification provisions set out in Part 2 of Schedule 6.
Under this amendment, proposed subsection 113(3A) will become subsection
113(3C). This amendment is necessary as the Workplace Relations Legislation
Amendment (Youth Employment) Act 1999 has already inserted subsection
113(3A), and subsection 113(3B). Without an amendment, the WR Act would contain
two provisions numbered subsection 113(3A).
Item 51 – Application of item 26
Amendment No. 11 – page 83 (line 16)
This amendment
proposes to amend the application provision pertaining to new subsection
113(3C). At present, item 51 proposes that the amendment made by item 26, which
would require that awards must not be varied to make safety net wage adjustments
until they have been reviewed in accordance with Division 1 of Part 2 of
Schedule 6, applies in relation to applications for safety net wage adjustments
made on or after the commencement of the item.
Division 1 of Part 2 of
Schedule 6 provides for a 6 month interim period for the (further)
simplification of awards commencing on the day on which Part 1 of Schedule 6
commences. At the end of that 6 month period award provisions what are not
allowable award matters would cease to have effect (Item 43 of Schedule 6).
Division 1 of Part 2 of Schedule 6 provides for reviews of awards by the
Commission during, and after, the 6 month period.
The effect of Amendment
No. 11 will be that the prohibition on the Commission varying an award to make a
safety net wage adjustment will not come into effect until the end of the 6
month interim period.
SCHEDULE 7 – TERMINATION OF
EMPLOYMENT
Item 6 – After section 170CC
Amendment No. 12 – page 86 (lines 10 – 12)
Amendment
No. 13 – page 86 (lines 15 to 24)
Amendment No. 14 –
page 86 (lines 29 to 31)
Amendment No. 15 – page 87 (line
3)
Amendment No. 16 – page 87 (lines 9 and 10)
Amendment Nos. 12 – 16 propose to amend item 6 of Schedule 7 (proposed
section 170CCA). Proposed section 170CCA is a ‘covering the field’
provision. It applies to:
• Commonwealth public sector employees,
• Territory
employees;
• employees employed by a constitutional corporation;
or
• employees employed by certain employers engaged in interstate and
overseas trade and commerce
who are not covered by a federal award clause relating to termination of
employment (either because their awards do not contain such clauses, they are
covered by a certified agreement or an AWA, or because they are award-free).
Proposed section 170CCA is intended to operate in conjunction with sections 152(1A) and 152(1B) (as amended) [Schedule 7, items 4 and 5] to preclude employees who are eligible to access the unfair dismissal remedy under the Workplace Relations Act 1996 from accessing similar remedies under State law. Proposed subsections 152(1A) and 152(1B) will ‘cover the field’ in respect of those federal award employees whose awards contain clauses relating to termination of employment, and who are eligible to apply for an unfair dismissal remedy under the WR Act.
In its present form, section 170CCA inadvertently prevents the persons to
whom it applies from accessing other remedies in respect of their termination of
employment under Commonwealth or Territory laws. This is in contrast to
proposed subsections 152(1A) and 152(1B), which permit federal award employees
whose awards contain clauses relating to termination of employment and who are
eligible to apply for an unfair dismissal remedy under the WR Act to access
remedies under Federal and Territory anti-discrimination legislation.
The
amendments will make clear that persons to whom section 170CCA applies can, if
they so choose, seek a remedy in respect of the termination of their employment
under another federal law instead of the WR Act. Amendment No. 13 makes clear
that Territory employees will be able to access remedies under Territory
anti-discrimination legislation.
Amendment No. 16 amends the
legislative note at the bottom of proposed section 170CCA to make clear that it
‘covers the field’ in respect of those employees who are eligible to
apply for an unfair dismissal remedy under the WR Act, but who are either not
covered by a federal award, or who are covered by a federal award which does not
contain a clause relating to termination of employment. In respect of those
employees who are eligible to apply for an unfair dismissal remedy under the WR
Act and who are covered by a federal award clause relating to termination of
employment, the note makes clear that section 152 of the WR Act ‘covers
the field’ in respect of those employees.
Item 34 – At the end of Division 3 of Part
VIA
Amendment No. 17 – page 100 (line 3)
This amendment
proposes to amend item 34 of Schedule 7 (which will insert proposed section
170HF) to replace a reference to ‘section 170HJ’ with a reference to
‘section 170HI’.
Amendment No. 18 – page 105 (after line 32)
This
amendment proposes to introduce a legislative note following proposed subsection
81A(5) (Item 5) to clarify the intent of the subsection (which is to provide
immunity from liability for breach of an award or agreement for a person who has
acted in accordance with a certified agreement approved by the Registrar, where
that agreement is later varied or overturned on appeal).
Item 5A – Paragraph 143(3)(a)
This technical amendment proposes to replace the reference to ‘the
list’ in paragraph 143(3)(a) to with a reference to ‘a list’,
as amendments proposed to subparagraphs 143(2)(d)(ia) and 143(2)(d)(ii) (in
Items 6 and 7) will result in the possibility of more than one list being
received by the Registrar under section 143(2)(d).
Item 25 – Subsection 170LM(2)
Item 33A
–Paragraph 170LU(2)(c)
Amendment No. 20 – page 111 (lines 5 & 6)
Amendment
No. 23 – page 119 (after line 30)
These amendments propose to
replace references to ‘the Court’ (that is, the Federal Court) in
Item 25 and paragraph 170LU(2)(c) with a reference to ‘a court’,
because certain orders in respect of unlawful termination of employment may be
made by a court of competent jurisdiction, and not only by the Federal
Court.
Item 25 – Subsection 170LM(2)
Amendment No. 22 – page 111 (line 30)
These
are technical amendments which propose to remove the word ‘and’, as
superfluous, from the end of proposed paragraphs 170LM(5)(k) and (l).
Amendment No. 24 – page 127 (after line 14)
This
amendment proposes to establish the circumstances under which the Commission may
obtain the views of an organisation bound by a section 170LK certified agreement
in relation to the proposed termination of that agreement. This would ensure
consistency between the proposed provisions concerning termination of an
agreement and those dealing with variation and extension of agreements. The
amendment would provide that the Commission may only obtain the views of an
organisation bound by a section 170LK agreement if it has been requested to make
a submission by at least one member whose employment is subject to the
agreement, and whose industrial interests the industrial organisation is
entitled to represent in relation to work that is subject to the
agreement.
Amendment No. 25 – page 142 (line 13)
This is a
technical amendment to Item 1 to omit ‘paragraphs’ and substitute
‘paragraph’.
Amendment No. 26 – page 154 (after
line 24)
Amendment No. 27 – page 155 (lines 1 to
3)
Amendment No. 28 – page 155 (lines 4 and 5)
These are
technical amendments to move the prohibition on the Employment Advocate
approving a variation agreement where it contains objectionable provisions
within the meaning of section 298Z, or provisions prohibiting the disclosure of
the details of the AWA by either party to another person. This prohibition (and
the associated note) was erroneously placed at the end of subsection 170VEG(6)
and should be at the end of subsection 170VEG(5).
Amendment No. 29
– page 156 (line 9)
This is a technical amendment to change an
incorrect cross-reference.
Item 7 – Section 170VX
Amendment No. 30 – page 163 (line 16)
Amendment
No. 31 – page 164 (line 9)
Amendment No. 32 – page 164
(line 23)
Amendment No. 33 – page 165 (line 12)
These
amendments propose to allow the Employment Advocate, or an authorised officer
appointed by the Employment Advocate under section 83BG of the WR Act, to apply
to an eligible court on behalf of an employee to recover compensation for
shortfalls in entitlements available under proposed sections 170VX, 170VXA,
170VXB or 170VXC.
Item 22A – Paragraph 170WL(d)
Amendment No. 34 – page 167 (after line 24)
This
amendment proposes to remove existing subsection 170WL(d), which provides that
the regulations may make provision in relation to ‘the witnessing of
signatures on AWAs or ancillary documents.’ Under the amendments proposed
in Schedule 9, the AWA, extension agreement, variation agreement or termination
agreement will be required to be signed only by the employer and employee
parties. As a result, paragraph 170WL(d) will become obsolete.
SCHEDULE 11 INDUSTRIAL ACTION
Item 10 –
Subsection 127(3)
Amendment No. 35 – page 181 (line 2)
This amendment
proposes to clarify the intent of proposed subsection 127(3) to ensure the
Commission must consider within the 48 hour period, the question of whether the
industrial action is, or is likely to be, unprotected.
Item 35 – After section 170MT
Amendment No. 36 – page 189 (line 13 to 16)
Proposed
section 170MTA(2) (Item 35) prohibits the Federal Court from issuing anti-suit
injunctions in respect of proceedings brought under any law in force in a State
or Territory in respect of the same industrial action. This amendment proposed
to establish a similar prohibition on the Federal Court concerning actions taken
under section 127 (Items 7 to 15) and the proposed suspension and termination
provisions (Item 36).
Item 36 – Section 170MW
Amendment No. 37 – page 193 (line 11)
This amendment
proposes to remove the Commission’s discretion in proposed subsection
170MWB(2) (Item 36) whether or not to extend the suspension of a bargaining
period if the specified conditions are met. This would make this subsection
consistent with the primary provision in subsection
170MWB(1).
Amendment No. 38 – page 195 (line 31)
This
amendment proposes to alter proposed section 170MWD(1), concerning revocation of
suspension orders. The amendment would prevent an existing suspension of a
bargaining period, and the parties refraining from taking industrial action for
that reason, itself being sufficient reason for the revocation of the
suspension.
Amendment No. 39 – page 198 (lines 2 &
3)
This technical amendment proposes to alter an incorrect cross
reference and ensure consistency of expression within the section.
Amendment No. 40 – page 204 (line 8)
This is a technical
amendment to establish consistency between proposed subsection 187ABA(1) and
subsection 187AA(1), as it is proposed to be amended by item 39.
SCHEDULE 12 SECRET BALLOTS FOR PROTECTED
ACTION
Item 22 – After Division 8 of Part VIB
Amendment No. 41 – page 217 (lines 3 to 10)
This is a
technical amendment to ensure the limitation on the definition of
‘relevant employee’ proposed in Item 22 applies both in the case of
ballots relating to proposed agreements with unions and those made with
employees directly. As currently drafted the limitation applies, erroneously,
only to the case of proposed agreements made with employees.
Amendment
No. 42 – page 235 (after line 13)
Under proposed section
170NBFA the Commonwealth, through the Workplace Relations Registrar, is liable
to reimburse to an applicant for a protected action ballot 80 per cent of the
reasonable cost of the ballot. In the case of joint applicants this money must
be reimbursed equally between the applicants. This amendment proposes to enable
joint applicants to request the Workplace Relations Registrar to distribute the
reimbursement in a manner requested by the applicants.
Amendment No.
43 – page 236 (lines 9 &10)
Amendment No. 44 –
page 236 (lines 12 & 13)
Proposed section 170NBGA prohibits persons disclosing protected information that will identify a person as one enumerated in section 170NBG(1). A reference to paragraph 170NBG(1)(d), concerning parties to an AWA, is missing from the list in 170NBGA and the proposed amendment will insert this reference. This will also ensure that an exemption to that prohibition applies to Registry officials and authorised ballot agents.
The second proposed amendment will remove the legislative note under subsection 170NBGA(1), which will become obsolete once the reference proposed in the previous amendment is inserted.
Item 21 – After section 291A
Amendment No. 45 – page 255 (line 19)
This amendment to Item
21 is proposed to establish that an application to the Workplace Relations
Registrar for a certificate under proposed section 291B must be made within 28
days of the invitation from the member being made.
Amendment No. 46
– page 255 (line 21)
This is a technical amendment to alter an
incorrect cross reference.
SCHEDULE 14 – FREEDOM OF
ASSOCIATION
Item 6 – At the end of Division 1 of Part
XA
Proposed section 298BA – Meaning of prohibited reason
Amendment No. 47 – page 260 (lines 14 – 20)
This
amendment would delete proposed subsection 298BA(3).
At present,
proposed subsection 298BA(3) would provide that paragraph (1)(c) in the
definition of ‘prohibited reason’ in section 298BA (ie that conduct
is for a prohibited reason if it is engaged in because another person has not
paid, does not propose to pay, or has not proposed to pay a fee to an industrial
association, or to another person or industrial association in lieu of a payment
to the industrial association) would not apply in respect of the following
fees:
• a fee payable in respect of a conscientious objection
certificate; or
• for services provided by an industrial association on
request by a person.
The amendment will remove this exemption. A failure
by a person to pay a fee in respect of a conscientious objection certificate, or
in respect of services rendered by an industrial association, should not
constitute legitimate reasons for conduct to be taken against the person in
contravention of Part XA of the WR Act. If a person fails to pay a fee, it is
possible to pursue that debt under the general law.
SCHEDULE 17 – MISCELLANEOUS
AMENDMENTS
Item 6 – Subsection 202(13) (definition of
State Act)
Amendment No. 48 – page 291 (line 21)
This amendment
would update the reference to Queensland legislation in subsection 202(13) of
the WR Act by omitting the reference to ‘Industrial Organisations Act
1997’ and replacing it with a reference to the ‘Industrial
Relations Act 1999’.
Item 6A – Subparagraph 253ZJ(1)(c)(i)
Amendment No. 49 – page 291 (after line 24)
This
amendment proposes to amend existing subparagraph 253ZJ(1)(c)(i) to
extend by another 12 months the time limit for the making of applications to
withdraw from union amalgamations that took place before the commencement of the
provisions concerning withdrawal from amalgamations (31 December 1996).
Accordingly, the time limit within which an application can be made to withdraw
from such an amalgamation will expire on 31 December 2000.
SCHEDULE 18 – AMENDMENTS OF OTHER
ACTS
Item 6A – Paragraph 6(1)(d)
Item 6B –
Paragraph 6(1)(e)
National Labour Consultative Council Act 1977
Amendment No.
50 – page 294 (after line 21)
This amendment proposes to amend
paragraphs 6(1)(d) and 6(1)(e) of the National Labour Consultative Council
Act 1977 to alter the membership of the Council. These changes have been
necessitated by the merger of two peak employer bodies, the Australian Chamber
of Manufacturers with the Metal Trades Industry Association, to form the
Australian Industry Group. As both of these former employer bodies were members
of the Council, their merger provides the opportunity to grant membership to
another employer body. The amendments will:
• substitute the
Business Council of Australia for the Australian Chamber of Manufactures;
and
• substitute the Australian Industry Group for the Metal Trades
Industry Association of Australia.
Navigation Act 1912
Item 8 – Section 135
Amendment No. 51 – page 295 (lines 4 and 5)
This
amendment will amend item 8 of Schedule 18, which concerns section 135 of the
Navigation Act 1912. Section 135 restricts the operation of Division 15
of the Navigation Act so that it is subject to certain awards in so far as they
deal with the issue of accommodation.
Amendment No. 51 will repeal and
replace section 135, to make clear that Division 15 of the Act also applies
subject to agreements made under both the WR Act and the Industrial Relations
Act 1988, in so far as those agreements deal with the issue of
accommodation.
Social Security Act 1991
Item 23A – After paragraph 553A(4)(c)
Item
23B – Subsection 596(4)
Item 23C – Subsection
660XBE(4)
Item 23D – Subsection 771HB(4)
Amendment No. 52 – page 296 (after line 22)
This
amendment proposes amendments to ss.553A(4)(c), 596(4), 660XBE(4) and 771HB(4)
of the Social Security Act 1991 to insert references to ‘a Supreme
Court of a State or Territory’, to reflect the fact that State and
Territory Supreme Courts will be given specific powers to make orders under the
WR Act.