Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent
2. Schedule 1	A single day to be fixed by Proclamation, subject to subsection (3)

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

(3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Workplace Relations Act 1996

Part 1—Amendments

1 Paragraph 89A(2)(a)

Omit “and skill-based career paths”.

2 Paragraph 89A(2)(d)

Omit “, piece rates and bonuses”, substitute “and piece rates”.

3 Paragraph 89A(2)(f)

Repeal the paragraph.

4 Paragraph 89A(2)(g)

Omit all the words after “bereavement”, substitute “leave and compassionate leave”.

5 After paragraph 89A(2)(g)

Insert:

(ga) ceremonial leave for Aboriginal and Torres Strait Islander people, and other like forms of leave, to meet cultural obligations;

6 Paragraph 89A(2)(i)

Repeal the paragraph, substitute:

(i) observance of days declared by the Government of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days;

7 Paragraph 89A(2)(j)

Repeal the paragraph, substitute:

(j) monetary allowances for:

(i) expenses incurred in the course of employment; or

(ii) responsibilities or skills that are not taken into account in rates of pay for employees; or

(iii) disabilities associated with the performance of particular tasks or work in particular conditions or locations;

8 Paragraph 89A(2)(m)

Repeal the paragraph, substitute:

(m) payments in relation to a termination that is:

(i) on the initiative of the employer; and

(ii) on the grounds of operational requirements;

9 Paragraph 89A(2)(n)

Repeal the paragraph.

10 Paragraph 89A(2)(q)

Repeal the paragraph.

11 After paragraph 89A(2)(s)

Insert:

(sa) bonuses for outworkers;

12 Paragraph 89A(2)(t)

After “pay” (first and second occurring), insert “(other than bonuses)”.

13 At the end of subsection 89A(3)

Add “that provides for basic minimum entitlements”.

14 After subsection 89A(3)

Insert:

Matters that are not allowable award matters

(3A) Matters that are not covered by subsection (2) include, but are not limited to, the following:

(a) transfers between locations;

(b) training or education (except in relation to leave and allowances for trainees or apprentices);

(c) recording of the hours employees work, or the times of their arrival or departure from work;

(d) payments of accident make up pay by employers;

(e) rights of an organisation of employers or employees to participate in, or represent, the employer or employee in the whole or part of a dispute settling procedure, unless the organisation is the representative of the employer’s or employee’s choice;

(f) transfers from one type of employment to another type of employment;

(g) the number or proportion of employees that an employer may employ in a particular type of employment or in a particular classification;

(h) prohibitions (directly or indirectly) on an employer employing employees in a particular type of employment or in a particular classification;

(i) the maximum or minimum hours of work for regular part-time employees.

15 Subsection 89A(4)

Repeal the subsection.

16 Subsection 89A(5)

Omit “(4)(b)”, substitute “(3A)(i)”.

Note: The following heading to subsection 89A(5) is inserted “Other provisions that the Commission may include in an award”.

17 Subsection 89A(6)

Omit all the words after “incidental”, substitute “to an allowable award matter provided for in the award and are essential for the purpose of making a particular provision operate in a practical way”.

18 After subsection 89A(6)

Insert:

(6A) The Commission may include machinery provisions in awards, such as definitions, titles and commencement provisions.

19 After subsection 89A(8)

Insert:

Provisions permitted by section 113A and subsection 143(1C)

(8A) Nothing in this section prevents the Commission from including in an award provisions that are permitted by section 113A and subsection 143(1C).

20 Subsection 113A(2)

Repeal the subsection.

21 Subsection 120A(4)

Omit “, unless the order relates to a single business (within the meaning of Part VIB)”.

Part 2—Application and transitional provisions

22 Application of Part 1

The amendments made by Part 1 apply in relation to:

(a) an industrial dispute that the Commission began to deal with before the commencement of this Schedule; and

(b) an industrial dispute that the Commission begins to deal with after the commencement of this Schedule.

23 Transitional provision—review of awards

(1) Within 12 months after the commencement of this Schedule, the Commission must review all awards for the purpose of determining whether the awards contain provisions that may no longer be included because of the amendments made to section 89A of the Workplace Relations Act 1996 by Part 1 of this Schedule.

(2) The Commission may review awards for this purpose at the same time as reviewing them for other purposes.

(3) The Commission may, after considering appropriate alternatives, vary an award to remove provisions that may no longer be included in awards because of the amendments made to section 89A of the Workplace Relations Act 1996 by Part 1 of this Schedule.

(4) Any provision that is contained in an award and that may no longer be included in an award because of the amendments made to section 89A of the Workplace Relations Act 1996 by Part 1 of this Schedule ceases to have effect at the end of 12 months after the commencement of this Schedule.

(5) After the end of the period mentioned in subitem (4), the Commission may vary any award to remove any provisions that have ceased to have effect because of that subitem.

 

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