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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace
Relations Legislation Amendment (More Jobs, Better Pay) Bill
1999
No. ,
1999
(Employment, Workplace Relations and Small
Business)
A Bill for an Act to amend the
law relating to workplace relations, and for related
purposes
ISBN: 0642 405948
Contents
Workplace Relations Act
1996 4
Part 1—Amendments concerning renaming and restructuring of the
Australian Industrial Relations
Commission 7
Workplace Relations Act
1996 7
Part 2—Amendments to alter references to Australian Industrial
Registry 15
Workplace Relations Act
1996 15
Part 3—Amendments to alter references to the Industrial Registrar or
a Deputy Industrial
Registrar 20
Workplace Relations Act
1996 20
Part 4—Amendment of other Acts concerning renaming and restructuring
of the Australian Industrial Relations
Commission 31
Administrative Appeals Tribunal Act
1975 31
Australian Federal Police Act
1979 31
Builders Labourers’ Federation (Cancellation of
Registration—Consequential Provisions) Act
1986 31
Coal Mining Industry (Long Service Leave Funding) Act
1992 31
Defence Act
1903 32
Federal Court of Australia Act
1976 32
Freedom of Information Act
1982 32
Judges’ Pensions Act
1968 32
Judicial and Statutory Officers (Remuneration and Allowances) Act
1984 32
Jury Exemption Act
1965 33
National Crime Authority Act
1984 33
National Health Act
1953 33
Northern Territory (Self-Government) Act
1978 33
Occupational Health and Safety (Commonwealth Employment) Act
1991 34
Occupational Health and Safety (Maritime Industry) Act
1993 34
Petroleum (Submerged Lands) Act
1967 34
Remuneration and Allowances Act
1990 34
Remuneration Tribunal Act
1973 35
Seat of Government (Administration) Act
1910 35
Sex Discrimination Act
1984 35
Social Security Act
1991 35
Superannuation Guarantee (Administration) Act
1992 35
Trade Practices Act
1974 36
Part 5—Amendment of other Acts consequential on the renaming of the
Australian Industrial Relations Registry, the Industrial Registrar and the
Deputy Industrial
Registrar 37
Building Industry Act
1985 37
Freedom of Information Act
1982 37
Judges’ Pensions Act
1968 37
Judicial and Statutory Officers (Remuneration and Allowances) Act
1984 37
Navigation Act
1912 37
Part
6—Transitional 39
Workplace Relations Act
1996 43
Part
1—Amendments 45
Workplace Relations Act
1996 45
Part 2—Application and transitional
provisions 57
Workplace Relations Act
1996 61
Part
1—Amendments 68
Workplace Relations Act
1996 68
Part 2—Application, transitional and saving
provisions 76
Division 1—Provisions relating to award
simplification 76
Division 2—Other application and transitional
provisions 83
Part 1—Amendment of the Workplace Relations Act
1996 85
Part 2—Application and saving
provisions 102
Part 1—Amendment of the Workplace Relations Act
1996 104
Part 2—Further
amendment 130
Workplace Relations Act
1996 130
Part
3—Application 131
Part
1—Amendment 133
Workplace Relations Act
1996 133
Part 2—Further
amendment 169
Workplace Relations Act
1996 169
Part 3—Application and saving
provisions 170
Part 1—Amendment of the Workplace Relations Act 1996 concerning
relevant and designated
awards 174
Part 2—Application
provisions 177
Part
1—Amendments 178
Workplace Relations Act
1996 178
Part 2—Consequential
amendments 205
Trade Practices Act
1974 205
Part 3—Application and transitional
provisions 206
Part
1—Amendments 210
Workplace Relations Act
1996 210
Part 2—Application and
saving 242
Part
1—Amendments 244
Workplace Relations Act
1996 244
Part 2—Application and
saving 257
Part
1—Amendments 258
Workplace Relations Act
1996 258
Part 2—Application, transitional and saving
provisions 274
Part 1—Amendment of the Workplace Relations Act
1996 276
Part 2—Application and saving
provisions 284
Part
1—Amendments 286
Workplace Relations Act
1996 286
Part 2—Transitional
provisions 287
Part
1—Amendments 288
Workplace Relations Act
1996 288
Part 2—Application and
Transitional 293
Part
1—Amendments 294
Administrative Decisions (Judicial Review) Act
1977 294
Freedom of Information Act
1982 294
National Labour Consultative Council Act
1977 294
Navigation Act
1912 294
Safety, Rehabilitation and Compensation Act
1988 295
Seafarers Rehabilitation and Compensation Act
1992 295
Superannuation Act
1976 296
Superannuation Act
1990 297
A Bill for an Act to amend the law relating to workplace
relations, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations Legislation Amendment
(More Jobs, Better Pay) Act 1999.
(1) Sections 1, 2 and 3 and Schedules 2 and 3 commence on the day on which
this Act receives the Royal Assent.
(2) Subject to this section, the items of the other Schedules commence on
a day or days to be fixed by Proclamation.
(3) If an item of a Schedule does not commence under subsection (2) 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.
(4) If the Public Service Act 1999 commences before or on the
commencement of item 1 of Schedule 5 to this Act, then item 7 of that Schedule
commences immediately after the commencement of item 6 of that Schedule. If the
Public Service Act 1999 commences after the commencement of item 1 of
Schedule 5 to this Act, then item 7 of that Schedule commences immediately after
the commencement of that Act.
(5) Items 68 and 69 of Schedule 8 commence immediately after the
commencement of item 34 of Schedule 11.
(6) Item 73 of Schedule 8 commences at the later of:
(a) the commencement of item 1 of that Schedule; and
(b) immediately after the commencement of the Public Service Act
1999.
(7) Items 7 to 10 of Schedule 10 commence immediately after the
commencement of item 17 of Schedule 8.
(8) Item 7 of Schedule 15 commences immediately after the commencement of
the items in Schedule 8 that amend section 170MB.
(9) If item 964 of Schedule 1 to the Public Employment (Consequential
and Transitional) Amendment Act 1999 commences before or on the commencement
of item 1 of Schedule 9 to this Act, then items 21 and 22 of that Schedule never
commence. Otherwise, those items commence at the same time as item 1 of Schedule
9.
(10) Item 24 of Schedule 9 commences at the later of:
(a) the commencement of item 1 of that Schedule; and
(b) immediately after the commencement of the Public Service Act
1999.
Subject to section 2, 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.
1 After paragraph 3(c)
Insert:
(ca) enabling employers and employees to choose the most appropriate
jurisdiction for the regulation of their employment relationship; and
2 Subparagraph 3(d)(ii)
Repeal the subparagraph, substitute:
(ii) to ensure that awards act as a safety net by providing basic minimum
wages and conditions of employment in respect of appropriate allowable award
matters to help address the needs of the low paid; and
(iii) to ensure that awards do not provide for wages and conditions of
employment above that safety net; and
3 After paragraph 3(e)
Insert:
(ea) recognising that industrial action that is not protected under
Division 8 of Part VIB is inconsistent with the purposes of this Act and
providing mechanisms enabling the Commission and courts to stop or prevent such
action in an effective and timely manner where the action is happening or in
prospect; and
(eb) ensuring that decisions about the taking of protected industrial
action are supported by the employees directly concerned through the holding of
fair and democratic secret ballots; and
4 Paragraph 3(h)
Repeal the paragraph, substitute:
(h) enabling the Commission to prevent and settle disputes about allowable
award matters, demarcation and, in exceptional circumstances, other matters by
exercising compulsory powers of conciliation and, as a last resort, by
arbitration; and
(ha) enabling the Commission to use voluntary conciliation to assist the
resolution of other industrial disputes and to assist the negotiation of
agreements at the workplace level; and
(hb) recognising that the facilitation of agreements at the workplace or
enterprise level, and the resolution of certain industrial disputes and
individual grievances may be dealt with effectively by voluntary mediation
conducted separately from the Commission; and
5 Paragraph 88A(b)
Repeal the paragraph, substitute:
(b) awards act as a safety net providing basic minimum wages and
conditions of employment in respect of appropriate allowable award matters to
help address the needs of the low paid; and
(ba) awards do not provide for wages and conditions of employment above
the safety net; and
6 Subsection 88B(2)
Repeal the subsection, substitute:
(2) In performing its functions under this Part, the Commission must
ensure that awards act as a safety net providing basic minimum wages and
conditions of employment in respect of appropriate allowable award matters,
having regard to:
(a) the need to provide fair minimum standards for employees in the
context of living standards generally prevailing in the Australian community;
and
(b) when adjusting the safety net, the needs of the low paid;
and
(c) economic factors, including levels of productivity and inflation, and
the desirability of attaining a high level of employment.
7 After section 88B
Insert:
Consistent with ensuring that awards act as a safety net providing basic
minimum conditions of employment in respect of appropriate allowable award
matters to help protect the low paid, in performing its functions under this
Part the Commission must not have regard to the maintenance of relativities
between classification rates of pay within individual awards.
Part
1—Amendments concerning
renaming and restructuring of the Australian Industrial Relations
Commission
1 Subsection 4(1) (definition of
Commission)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
2 Subsection 4(1) (definition of Deputy
President)
Repeal the definition.
3 Subsection 4(1) (definition of designated
Presidential Member)
Repeal the definition.
4 Subsection 4(1) (definition of
panel)
Omit “, except in section 38,”.
5 Subsection 4(1) (definition of Presidential
Member)
Omit “, a Vice President, a Senior Deputy President or a Deputy
President”, substitute “or a Vice President”.
6 Subsection 4(1) (definition of Senior
Deputy President)
Repeal the definition.
7 Part ll (heading)
Repeal the heading, substitute:
8 Subsection 8(1)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Note: Section 25B of the Acts Interpretation Act 1901
deals with the effect the change of name of a body has on the body and
references to the body in documents.
9 Paragraphs 8(2)(ab) and
(ac)
Repeal the paragraphs.
10 Paragraph 8(2)(b)
Omit “Deputy”, substitute “Vice”.
11 Subsection 9(1)
Omit “, Senior Deputy Presidents, Deputy Presidents”.
12 After subsection 9(3)
Insert:
(3A) A Presidential Member, or a former Presidential member, may elect to
be styled “Justice” if, before the person’s appointment as a
Presidential Member, the person:
(a) was a Judge of a court created by the Parliament; or
(b) was a Judge of a court of a State or Territory; or
(c) had been enrolled as a legal practitioner of the High Court, or the
Supreme Court of a State or Territory, for at least 5 years.
13 Paragraph 10(1)(b)
Omit “industrial relations”, substitute “workplace
relations”.
14 Subsection 10(2)
Repeal the subsection, substitute:
(2) The Governor-General may only appoint a person as a Vice President if
the person:
(a) has been a Judge of a court created by the Parliament or a court of a
State or Territory, or has been enrolled as a legal practitioner of the High
Court, or the Supreme Court of a State or Territory, for at least 5 years;
or
(b) has had experience at a high level in industry or commerce or in the
service of:
(i) a peak council or another association representing the interests of
employers or employees; or
(ii) a government or an authority of a government; or
(c) has, at least 5 years previously, obtained a degree of a university or
an educational qualification of a similar standard after studies in:
(i) the field of law, economics or workplace relations; or
(ii) some other field of study considered by the Governor-General to have
substantial relevance to the duties of a Vice President;
and is, in the opinion of the Governor-General, because of skills and
experience in the field of workplace relations, a suitable person to be
appointed as a Vice President.
15 Subsection 10(3)
Omit “industrial relations”, substitute “workplace
relations”.
16 Paragraphs 11(ac) and
(b)
Repeal the paragraphs.
17 Subsection 16(1)
Omit “A member”, substitute “Subject to subsections (1A)
and (2), a member”.
18 Subsection 16(1A)
Repeal the subsection, substitute:
(1A) Subject to subsection (1C), a member of the Commission (other than
the President) may be appointed for a period of 7 years but is eligible for
reappointment.
(1B) A member of the Commission appointed under subsection (1A) holds
office in respect of the appointment until:
(a) the term of the appointment ends; or
(b) the person dies, resigns or is removed from office;
whichever happens first.
(1C) A person who has attained the age of 65 years must not be appointed
or reappointed as a member. A person must not be appointed or reappointed as a
member for a period that extends beyond the date on which the person will attain
the age of 65 years.
19 Sections 17A and 17B
Repeal the sections.
20 Section 18
Omit “Deputy President” (wherever occurring), substitute
“Vice President”.
Note: The heading to section 18 is altered by omitting
“Deputy” and substituting
“Vice”.
21 After section 18
Insert:
(1) The Governor-General may appoint a person qualified to be appointed as
a Commissioner to act as Commissioner for a specified period (including a period
that exceeds 12 months) if the Governor-General is satisfied that the
appointment is necessary to enable the Commission to perform its functions
effectively.
(2) Anything done by or in relation to a person purporting to act under
subsection (1) is not invalid because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had
ceased.
(3) For the purposes of subsection (1) only, a person is not disqualified
from appointment as a Commissioner merely because the person has attained the
age of 65.
22 Section 19A
Repeal the section, substitute:
(1) In respect of each financial year, the President must develop
an annual training and professional development program for members of the
Commission during that year.
(2) The program must relate to matters that the President considers
relevant to members in the performance of their duties under this Act.
23 Section 20
Repeal the section, substitute:
Each member of the Commission must:
(a) keep acquainted with developments in workplace relations and
conditions; and
(b) each financial year, participate in the training and
professional development program developed by the President under section 19A to
the extent necessary to ensure that the member acquires or maintains the full
range of skills necessary for the effective performance of the member’s
duties under this Act.
24 Subsection 21(2)
Repeal the subsection.
25 Subsection 21(2A)
Omit “Senior Deputy President”, substitute “Vice
President”.
26 Subsection 21(2B)
Repeal the subsection.
27 Subsection 21(2E)
Omit “103% of”.
28 Subsections 21(2F) and
(2G)
Repeal the subsections.
29 Paragraph 23(1)(a)
Omit “70% of the annual rate of salary payable to a Deputy
President”, substitute “66.5% of the annual rate of salary payable
to a Vice President”.
30 Subsection 23(3)
Omit “Deputy President”, substitute “Vice
President”.
31 Subsection 23(3)
Omit “subsection 21(2G), the Commissioner or former Commissioner is
to be paid an amount equal to 70%”, substitute “subsection 21(2E),
the Commissioner or former Commissioner is to be paid an amount equal to
66.5%”.
32 Section 35
Repeal the section, substitute:
(1) If:
(a) the persons constituting the Commission for the purposes of any
proceeding are divided in opinion as to the decision to be given; and
(b) there is a majority;
the decision must be given according to the opinion of the
majority.
(2) If:
(a) the persons constituting the Commission for the purposes of any
proceeding are divided in opinion as to the decision to be given; and
(b) the members are equally divided in opinion;
the opinion that prevails is:
(c) where the President is a member—the President’s opinion;
and
(d) where the President is not a member—the opinion of the most
senior member.
33 Section 38
Repeal the section.
34 Subsections 40(2) and
(3)
Repeal the subsections.
35 Subsection 47(1)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
36 After subsection 48(1)
Add:
(1A) In making new Rules after the commencement of this subsection, the
President must:
(a) have regard to the needs of employers, employees and organisations
dealing with the Commission and the Registry; and
(b) ensure the new Rules are drafted in plain English.
37 At the end of section 48
Add:
(5) Within 18 months after the commencement of this subsection, the
President must complete a review of the Rules. The review must recommend
changes to the Rules that can be made to improve the practices and procedures of
the Commission and the Registry having regard to the needs of employers,
employees and organisations dealing with the Commission.
38 Subsection 49(1)
Repeal the subsection, substitute:
(1) The President must, as soon as practicable after the end of each
financial year, prepare and provide to the Minister a report of the operations
of the Commission and the Registry during that year. In particular, the report
should, in respect of that year:
(a) include such information as is prescribed about the performance and
efficiency of the Commission and the Registry; and
(b) describe the training and professional development program developed
by the President under section 19A; and
(c) indicate the numbers of members who undertook each type of training
and development provided for in the program; and
(d) such other matters as are specified in the regulations.
39 Paragraph 147(2)(b)
Omit “industrial relations”, substitute “workplace
relations”.
40 Subsection 520(3)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Part
2—Amendments to alter
references to Australian Industrial Registry
41 Subsection 4(1) (definition of Industrial
Registry)
Repeal the definition.
42 Subsection 4(1)
Insert:
Workplace Relations Registry means the Australian Workplace
Relations Registry.
43 Part IV (heading)
Repeal the heading, substitute:
44 Division 1 of Part IV
(heading)
Repeal the heading, substitute:
45 Subsection 62(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
46 Subsection 62(4)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
Note: The heading to section 62 is altered by omitting
“Industrial Registry” and substituting “Workplace
Relations Registry”.
47 Subsection 63(1)
Omit “Industrial Registry” (twice occurring), substitute
“Workplace Relations Registry”.
48 After subsection 63(1)
Insert:
(1AA) In performing its functions under this Act, the Registry must, to
the maximum extent possible, employ systems and procedures that facilitate
access to the services of the Registry and the Commission by employers,
employees and organisations.
49 Subsection 63(1B)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
50 Subsection 63(1C)
Omit “Industrial Registry” (twice occurring), substitute
“Workplace Relations Registry”.
51 Subsection 63(1D)
Omit “Industrial Registry” (wherever occurring), substitute
“Workplace Relations Registry”.
Note: The heading to section 63 is altered by omitting
“Industrial Registry” and substituting “Workplace
Relations Registry”.
52 Subsections 64(1) and
(2)
Omit “Industrial Registry” (wherever occurring), substitute
“Workplace Relations Registry”.
53 Subsections 65(1) and
(3)
Omit “Industrial Registry” (wherever occurring), substitute
“Workplace Relations Registry”.
54 Subsection 65(4)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
55 Paragraph 67(2)(b)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
56 Paragraph 67(2B)(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
57 Subsection 67(5)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
58 Paragraph 75(2)(b)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
59 Paragraph 75(4)(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
60 Subsection 83(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
61 Section 98A
Repeal the section, substitute:
The Commission must perform its functions in a way that:
(a) avoids unnecessary technicalities and facilitates the fair and
practical conduct of any proceedings under this Act; and
(b) to the maximum extent possible, employs systems and procedures that
facilitate access to the services of the Commission by employers, employees and
organisations.
62 Subsection 170WHB(4) (paragraph (b) of the
definition of Registry official)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
63 Subsection 198(2)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
64 Subsection 202(2)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
65 Paragraph 202(11)(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
66 Subsections 205(1) and
(2)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
67 Subsection 211(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
68 Subsection 214(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
69 Paragraph 214(2)(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
70 Subsection 236(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
71 Subsection 241(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
72 Subsection 242(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
73 Subsections 244(1) and
245(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
74 Subsections 253D(2) and
(5)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
75 Subsection 253L(1)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
76 Subsections 268(3) and (4) and 269(1), (2)
and (3)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
77 Paragraph 279(2)(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
78 Subsections 280(1), (2) and
(5)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
Note: The heading to section 280 is altered by omitting
“Industrial Registry” and substituting “Workplace
Relations Registry”.
79 Subsections 281(3), (4) and
(5)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
80 Section 292
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
81 Paragraph 310(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
82 Subsection 322(2)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
83 Paragraph 328(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
84 Paragraph 330(a)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
Part
3—Amendments to alter
references to the Industrial Registrar or a Deputy Industrial
Registrar
85 Subsection 4(1) (definition of
Registrar)
Repeal the definition, substitute:
Registrar means the Workplace Relations Registrar or a Deputy
Workplace Relations Registrar.
86 Subsections 44(1) and
(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
87 Subsection 62(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
88 Subsection 62(2)
Omit “Industrial Registrars”, substitute “Workplace
Relations Registrars”.
89 Subsection 62(3)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
90 Subsection 62(3)
Omit “Industrial Registrars”, substitute “Workplace
Relations Registrars”.
91 Subsection 62(4)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
92 Paragraphs 63(1A)(a) and
(b)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
93 Subparagraphs 63(1C)(a)(i) and
(ii)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
94 Subsection 63(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
95 Subsection 65(3)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
96 Section 66
Repeal the section.
97 Subsections 67(1) and
(2)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
98 Paragraphs 67(2A)(a) and
(b)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
99 Subsections 67(2B) and
(3)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
100 Subsection 67(4)
Omit “Industrial Registrar”, substitute “and in managing
the administrative affairs of the Australian Workplace Relations Registry, the
Workplace Relations Registrar”.
101 After subsection 67(4)
Insert:
(4AA) The President and the Workplace Relations Registrar must cooperate
to ensure that the systems and procedures employed by the Commission and the
Registry are such as to facilitate access to the services of the Commission and
the Registry by employers, employees and organisations as required by subsection
63(1AA) and section 98A.
102 Subsection 67(4A)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
103 Subsection 67(5)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
Note: The heading to section 67 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
104 Sections 68 and 69
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
Note: The headings to sections 68 and 69 are altered by
omitting “Industrial Registrar” and substituting
“Workplace Relations Registrar”.
105 Subsection 70(1)
Omit “the Industrial Registrar shall not, except with the consent of
the Minister”, substitute “the Workplace Relations Registrar must
not, except with the consent of the President”.
106 Subsection 70(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
Note: The heading to section 70 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
107 Subsection 71(1)
Repeal the subsection, substitute:
(1) The Workplace Relations Registrar must give written notice to the
President of all direct or indirect pecuniary interests that the Workplace
Relations Registrar has or acquires in any business or in any body corporate
carrying on any business.
108 Subsection 71(2)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
Note: The heading to section 71 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
109 Subsection 72(1)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
110 Subsection 72(2)
Repeal the subsection, substitute:
(2) The President may grant the Workplace Relations Registrar leave of
absence, other than recreation leave, on such terms and conditions as to
remuneration or otherwise as the President, with the approval of the Minister,
determines.
Note: The heading to section 72 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
111 Sections 73 and 74
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
Note: The headings to sections 73 and 74 are altered by
omitting “Industrial Registrar” and substituting
“Workplace Relations Registrar”.
112 Subsection 75(1)
Omit “Industrial Registrars”, substitute “Workplace
Relations Registrars”.
113 Subsection 75(2)
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
114 Subsection 75(3)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
115 Subsection 75(4)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
Note: The heading to section 75 is altered by omitting
“Industrial Registrars” and substituting “Workplace
Relations Registrars”.
116 Subsection 76(1)
Repeal the subsection, substitute:
(1) The President may appoint a person to act in the office of Workplace
Relations Registrar:
(a) during any vacancy in the office (whether or not an appointment has
previously been made to the office); or
(b) during any period, or during all periods, when the Workplace Relations
Registrar is absent from duty or from Australia or is, for any other reason,
unable to perform the functions of the office.
Note: The heading to section 76 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
117 Subsection 77(1)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
Note: The headings to section 77 is altered by omitting
“Industrial Registrars” and substituting “Workplace
Relations Registrars”.
118 After section 77
Insert:
(1) The Minister may, after consulting the President, enter into an
agreement with the appropriate authority of a State to enable a person employed
in the Registry of the State industrial body referred to in that agreement to be
appointed, subject to the terms of the industrial law of that State and to the
terms of that agreement:
(a) by the Governor-General, under section 75, as a Deputy Workplace
Relations Registrar; or
(b) by the Workplace Relations Registrar, under section 77, to act in the
office of a Deputy Workplace Relations Registrar.
(2) To be appointed in accordance with an agreement referred to in
subsection (1), a person need not be employed as Registrar or Deputy Registrar
(however described) in the Registry of the State industrial body
concerned.
(3) The terms and conditions of the person’s appointment as a Deputy
Workplace Relations Registrar or as an acting Deputy Workplace Relations
Registrar in accordance with an agreement made under this section are to be as
specified in the agreement. Section 83 does not apply in relation to a person
who is so appointed.
(4) The appointment of a person in accordance with an agreement made under
this section:
(a) as a Deputy Workplace Relations Registrar; or
(b) to act in the office of a Deputy Workplace Relations
Registrar;
terminates if the appointee ceases to be employed in the registry of the
State industrial body concerned.
(5) The Minister may, at any time, terminate the appointment of a person
appointed in accordance with an agreement made under this section without the
agreement of the appropriate authority of the State concerned. This subsection
is in addition to, and not in substitution for, the right to terminate the
appointment that is vested in the appointing authority by virtue of the
operation of subsection 33(4) of the Acts Interpretation Act
1901.
119 Subsection 83(1)
Omit “Industrial Registrars”, substitute “Workplace
Relations Registrars”.
120 Subsection 83(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
121 Subsection 137(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
122 Paragraphs 138(1)(a) and
(b)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
123 Subsections 138(4), (5) and
(6)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
124 Subsection 143(4)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
125 Subsections 151(3) and
(4)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
126 Subsection 170WHB(4) (paragraph (a) of the
definition of Registry official)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
127 Subsection 170WHB(4) (paragraph (b) of the
definition of Registry official)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
128 Section 170WHC
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
Note: The heading to section 170WHC is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
129 Section 172
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
Note: The heading to section 172 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
130 Subsections 191(1), (2), (4) and
(6)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
131 Subsections 198(3), (4) and
(6)
Omit “Industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
132 Subsection 198(7)
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
133 Subsection 198(7)
Omit “Industrial Registrar’s”, substitute
“Workplace Relations Registrar’s”.
134 Subsection 198(9)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
135 Subsections 202(3), (4), (5) and
(10)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
136 Paragraph 202(11)(b)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
137 Subsection 203(1)
Omit “Industrial Registrar’s” (twice occurring),
substitute “Workplace Relations Registrar’s”.
138 Subsection 203(1)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
Note: The heading to section 203 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
139 Paragraph 205(4)(b)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
140 Section 206
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
141 Subsection 208(11) (paragraph (b) of the
definition of appropriate authority)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
142 Subsection 211(4)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
143 Subsection 212(2)
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
144 Subsection 214(1)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
145 Paragraph 214(2)(a)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
146 Subsections 220(1) and
(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
Note: The heading to section 220 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
147 Paragraph 223(3)(c)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
148 Section 224
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
Note: The heading to section 224 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
149 Subsection 228(5)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
150 Subsection 236(4)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
151 Subsection 248(1)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
152 Paragraph 253Q(3)(a)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
153 Subsection 253TA(2)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
154 Section 253ZQ
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
155 Section 297
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
156 Section 308
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
157 Section 310
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
158 Paragraph 316(b)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
Note: The heading to section 316 is altered by omitting
“Industrial Registrar” and substituting “Workplace
Relations Registrar”.
159 Paragraph 359(2)(d)
Omit “Industrial Registrar, the Deputy Industrial Registrars”,
substitute “Workplace Relations Registrar, the Deputy Workplace Relations
Registrars”.
160 Subclause 3(3) of Part 2 of Schedule
4
Omit “industrial Registrar” (wherever occurring), substitute
“Workplace Relations Registrar”.
Part
4—Amendment of other Acts
concerning renaming and restructuring of the Australian Industrial Relations
Commission
Administrative
Appeals Tribunal Act 1975
161 Paragraph 8A(1)(b)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
162 Subparagraph
8A(3)(b)(i)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Note: The heading to section 8A is altered by omitting
“Australian Industrial Relations Commission” and substituting
“Australian Workplace Relations Commission”.
Australian
Federal Police Act 1979
163 Subsection 39D(2)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Builders
Labourers’ Federation (Cancellation of Registration—Consequential
Provisions) Act 1986
164 Section 3 (definition of
Commission)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Coal
Mining Industry (Long Service Leave Funding) Act 1992
165 Subsection 4(1) (definition of industrial
authority)
Omit “Australian Industrial Relations Commission” (twice
occurring), substitute “Australian Workplace Relations
Commission”.
166 Section 58F (definition of
Commission)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
167 Section 58F (definition of presidential
member of the Commission)
Omit “the Vice President, a Senior Deputy President or a Deputy
President of the Commission appointed under section 9 of the Industrial
Relations Act 1988”, substitute “a Vice President appointed under
section 9 of the Workplace Relations Act 1996”.
Federal
Court of Australia Act 1976
168 Paragraph 18AB(1)(c)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Freedom
of Information Act 1982
169 Schedule 1
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
170 Paragraph 20(2)(a)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Judicial
and Statutory Officers (Remuneration and Allowances) Act
1984
171 Subsection 6(1) (paragraph (aa) of the
definition of headquarters)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
172 Subsection 6(1) (paragraph (b) of the
definition of office to which this section applies)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
173 The Schedule
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
National
Crime Authority Act 1984
174 Subsection 19A(8) (definition of
prescribed agency)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
175 Subsection 98A(4)
Omit “Senior Deputy President or a Deputy President of the Australian
Industrial Relations Commission”, substitute “Vice President of the
Australian Workplace Relations Commission”.
176 Subsection 98B(5)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
177 Subsections 99A(2), 99B(1), 99D(1) and
(10)
Omit “Senior Deputy President or Deputy President of the Australian
Industrial Relations Commission”, substitute “Vice President of the
Australian Workplace Relations Commission”.
Northern
Territory (Self-Government) Act 1978
178 Subsections 53(3) and
(4)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Occupational
Health and Safety (Commonwealth Employment) Act 1991
179 Subsection 5(1) (definition of reviewing
authority)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Occupational
Health and Safety (Maritime Industry) Act 1993
180 Subsection 5(1) (definition of reviewing
authority)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Petroleum
(Submerged Lands) Act 1967
181 Clause 2 of Schedule 7 (definition of
reviewing authority)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Remuneration
and Allowances Act 1990
182 Clauses 5 and 6 of Schedule
1
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
183 Paragraph 7(b) of Schedule
1
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
184 Clause 4 of Schedule 2
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
185 Paragraph 3(4)(j) of Schedule
3
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Remuneration
Tribunal Act 1973
186 Paragraphs 3(4)(j) and 5(1)(a) and
(b)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Seat
of Government (Administration) Act 1910
187 Subsections 5(3) and
(4)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
188 Subsections 50A(3) and (7) and subsection
50B(1)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Note: The heading to section 50A is altered by omitting
“Australian Industrial Relations Commission” and substituting
“Australian Workplace Relations Commission”.
189 Paragraph 553A(4)(b)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
190 Subsections 596(4), 660XBE(4) and
771HB(4)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Superannuation
Guarantee (Administration) Act 1992
191 Paragraph 5B(1)(a)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Note: The heading to section 5B is altered by omitting
“Australian Industrial Relations Commission” and substituting
“Australian Workplace Relations Commission”.
192 Subparagraph
80AB(1)(b)(i)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
193 Subsection 80AB(3)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
194 Subsection 87AA(2) (paragraph (a) of the
definition of industrial authority)
Omit “Australian Industrial Relations Commission”, substitute
“Australian Workplace Relations Commission”.
Part
5—Amendment of other Acts
consequential on the renaming of the Australian Industrial Relations Registry,
the Industrial Registrar and the Deputy Industrial
Registrar
195 Subsection 3(1) (definition of
Registrar)
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
Freedom
of Information Act 1982
196 Schedule 1
Omit “Industrial Registrar and Deputy Industrial Registrars”,
substitute “Workplace Relations Registrar and Deputy Workplace Relations
Registrars”.
197 Paragraph 20(2)(a)
Omit “Industrial Registrar”, substitute “Workplace
Relations Registrar”.
Judicial
and Statutory Officers (Remuneration and Allowances) Act
1984
198 Subsection 6(1) (paragraph (aa) of the
definition of headquarters)
Omit “Industrial Registry”, substitute “Workplace
Relations Registry”.
199 Section 292
Omit “Industrial Registrar” (twice occurring), substitute
“Workplace Relations Registrar”.
200 Definitions
In this Part:
commencing day means the day on which this Schedule
commences.
Commission means the Australian Workplace Relations
Commission.
Court means the Federal Court of Australia.
Deputy President has the same meaning as it had in the
Principal Act immediately before the commencing day.
original member means a person who:
(a) held an appointment to the Commission on the day before the commencing
day; and
(b) continues to hold the appointment on the commencing day.
Principal Act means the Workplace Relations Act
1996.
Senior Deputy President has the same meaning as it had in the
Principal Act immediately before the commencing day.
201 Continuity of Commission and members not
affected
To avoid doubt:
(a) the continuity of the Commission’s existence; and
(b) the continuity of the original members’ appointments;
are not affected by the change to the Commission’s name, or any other
amendment, made by this Schedule.
202 Appointment change for some
members
(1) On the commencing day, original members who, immediately before that
day, held appointments as Senior Deputy Presidents or as Deputy Presidents
become Vice Presidents by force of this item.
(2) The tenure of each of those original members as Vice President is taken
for all purposes to have been continuous with the member’s appointment as
a Senior Deputy President or a Deputy President (as the case may be) immediately
before the commencing day.
203 Seniority of original members who become
Vice Presidents
Background to item
(1) Original members of the Commission who were Senior Deputy Presidents or
Deputy Presidents become Vice Presidents on the commencing day (see item 202).
Original members of the Commission who were Vice Presidents continue in that
office.
(2) When applying section 11 of the Principal Act on or after the
commencing day to determine the seniority of original members who were Vice
Presidents, Senior Deputy Presidents or Deputy Presidents, account must be taken
of the seniority of the original members in relation to each other. This is to
be done in accordance with subitem (3).
Rule about seniority
(3) The seniority of original members who were, before the commencing day,
Vice Presidents, Senior Deputy Presidents or Deputy Presidents is to be
determined in accordance with the following order of precedence:
(a) the Vice Presidents, according to the days on which their commissions
took effect, or, if their commissions took effect on the same day, according to
the precedence assigned to them by their commissions;
(b) the Senior Deputy Presidents, according to the days on which their
commissions took effect, or, where the commissions of 2 or more of them took
effect on the same day, according to the precedence assigned to them by their
commissions;
` (c) the Deputy Presidents, according to the days on which their
commissions took effect, or, where the commissions of 2 or more of them took
effect on the same day according to the precedence assigned to them by
commissions.
Note: Once the order of seniority under subsection (3) has
been determined, section 11 of the Principal Act as amended by this Act operates
to determine the relative seniority of original members in relation to members
appointed to the Commission on or after the commencing day.
204 Salaries of original members who were Vice
Presidents
An original member who, immediately before the commencing day, held an
appointment as a Vice President, is, on and after that day, to be
paid:
(a) salary at an annual rate equal to 103% of the annual rate of salary
payable to a Judge of the Court; and
(b) such allowances as are prescribed.
205 Consent to engage in outside
employment
If the Minister had, before the commencing day, consented under subsection
70(1) of the Principal Act to the Workplace Relations Registrar engaging in paid
employment outside the duties of his or her office and that consent was still in
force immediately before that day, that consent continues to have effect, on and
after that day, as if it were the consent of the President given under that
subsection of that Act as amended by this Schedule.
206 Disclosure of interests by Workplace
Relations Registrar
(1) If the Workplace Relations Registrar has, before the commencing day,
given written notice under subsection 71(1) of the Principal Act to the Minister
of any direct or indirect pecuniary interests that the Registrar has in any
business or body corporate, that notice has effect, on and after that day, as if
it had been given to the President under that subsection of that Act as amended
by this Schedule.
(2) The Minister must, at the earliest practicable time after the
commencement of this item, give the President any written notice of direct or
indirect pecuniary interests that has been given to the Minister by the
Registrar before the commencing day in compliance with subsection 71(1) of the
Principal Act.
207 Leave of absence
Any leave of absence granted by the Minister under subsection 72(2) of the
Principal Act before the commencing day that has not been taken before that day
has effect, on and after that day, as if it were leave granted by the President
under that subsection of that Act as amended by this Schedule.
208 Appointment to act as Workplace Relations
Registrar
If:
(a) before the commencing day, the Minister had appointed a person under
subsection 76(1) of the Principal Act to act in the office of Workplace
Relations Registrar; and
(b) that appointment was still in force immediately before that
day;
the appointment has effect, on and after that day, as if it were an
appointment made by the President under that subsection of that Act as amended
by this Schedule.
209 Chairperson of the Pharmaceutical Benefits
Remuneration Tribunal
The Chairperson of the Pharmaceutical Benefits Remuneration Tribunal does
not cease to hold that office only because the Chairperson’s appointment
as a Senior Deputy President of the Australian Industrial Relations Commission
(as it was then called) was changed under item 202 to that of a Vice President
of the Australian Workplace Relations Commission.
1 Subsection 83BE(3)
Omit “83BB(a), (b) or (c)”, substitute “83BB(1)(a), (b)
or (c)”.
2 Subsection 83BS(1)
Omit “(the entrusted person) must not disclose
protected information that the entrusted”, substitute “must not
disclose protected information that the”.
3 Paragraph 83BS(2)(a)
Omit “by the entrusted person”.
4 Paragraphs 83BS(2)(b) and
(c)
Repeal the paragraphs, substitute:
(b) the disclosure is required or permitted by this Act or by another Act
or by regulations made under an Act;
5 Subsection 83BS(4)
Insert:
AWA has a meaning affected by subsection (5).
6 Subsection 83BS(4) (definition of protected
information)
Repeal the definition, substitute:
protected information, in relation to a person, means
information that the person acquired:
(a) in the course of performing functions or duties as an AWA official;
or
(b) from an AWA official who disclosed the information as permitted or
required by this Act, by another Act or authorised by regulations made under an
Act; or
(c) from a person referred to in paragraph (a) or (b) who acquired the
information as mentioned in paragraph (a) or (b).
7 At the end of section
83BS
Add:
(5) A reference in this section to an AWA includes a reference to a
proposed AWA.
1 Subsection 4(1)
Insert:
compulsory conciliation means conciliation by the Commission
under Part VI, Subdivision B, D or E of Division 3 of Part VIA, or section
170MX.
2 Subsection 4(1) (definition of conciliation
powers)
Omit “conciliation”, substitute “voluntary conciliation
and compulsory conciliation”.
3 Subsection 4(1)
Insert:
voluntary conciliation means conciliation by the Commission
under Part VA.
4 After subsection 34(1)
Insert:
(1A) If:
(a) voluntary conciliation by the Commission constituted by a single
member has commenced; and
(b) before the conciliation is completed, the member becomes
unavailable;
the President must appoint another member of the Commission to conciliate
the matter.
5 After Part V
Insert:
The object of this Part is to provide for voluntary conciliation by the
Commission.
(1) If one or more of the following matters is in issue between
parties:
(a) negotiations in relation to an agreement under Part VIB;
(b) a matter arising under an award, certified agreement or AWA by which
the parties are bound (including in relation to a dispute settling procedure in
the award or agreement);
(c) an industrial dispute;
then those parties may apply to the Commission requesting the Commission to
conciliate the matter.
(2) The application must:
(a) be in the form (if any) prescribed by the regulations; and
(b) be signed by each of the parties requesting the conciliation;
and
(c) describe the matter for which conciliation is sought; and
(d) be accompanied by $500, or such other fee as is prescribed by the
regulations, for the conciliation.
(3) The Commission may request the parties to provide further information
about the matter.
(1) Upon receiving an application under subsection 88AB(2) for
conciliation on a matter, the Commission must determine whether the matter is
covered by paragraph 88AB(1)(a), (b) or (c).
(2) The Commission must conciliate the matter if the Commission determines
that the matter is covered by one or more of those paragraphs.
(3) The Commission must refuse to conciliate the matter if:
(a) the Commission determines that the matter is not covered by one or
more of those paragraphs; or
(b) the Commission is satisfied that voluntary conciliation would be in
breach of the dispute settling procedure in an award or agreement by which the
parties requesting the conciliation are bound.
(4) If the Commission refuses to conciliate the matter, the fee paid by
the parties for the conciliation must be refunded to them.
(1) If a matter is before the Commission for voluntary conciliation, the
Commission must take such action as is appropriate to assist the parties to
resolve the matter by conciliation.
(2) The action that the Commission may take includes:
(a) arranging conferences of the parties or their representatives at which
the Commission is present; and
(b) arranging for the parties or their representatives to confer among
themselves at conferences at which the Commission is not present.
(3) When conciliating, the Commission must, as far as is practicable,
act:
(a) quickly; and
(b) in a way that avoids unnecessary technicalities and legal forms;
and
(c) in accordance with any agreement between the parties about the
voluntary conciliation; and
(d) in accordance with any dispute settling procedure in an award or
agreement by which the parties who requested the conciliation are
bound.
(4) Despite Part VI, the Commission does not have power to compel a person
to do anything when conciliating a matter under this Part, and, to avoid doubt,
does not have power to make an award or order in relation to the
matter.
(5) If, when conciliating a matter under this Part, the parties request
the Commission to make recommendations about particular aspects of the matter
about which they are unable to reach agreement, then the Commission may make
recommendations about those aspects of the matter.
(6) Subsection (5) does not prevent the Commission from making
recommendations in other circumstances under this Part.
(7) Section 90 (Commission to take into account the public interest) does
not apply to the performance by the Commission of its functions under this
Part.
(1) Conciliation under this Part must be conducted in private.
(2) Any information or document that is given to the Commission in
relation to the conciliation must not:
(a) be disclosed by the Commission; or
(b) be used by the Commission in any other proceeding before the
Commission;
except with the consent of the parties who requested the
conciliation.
Conciliation on a matter by the Commission under this Part is completed
when:
(a) the Commission is satisfied that the matter is resolved; or
(b) a party who requested the conciliation has informed the Commission
that the party no longer wishes the conciliation to continue; or
(c) the Commission is satisfied that it is unlikely that, within a
reasonable period, further conciliation under this Part will resolve the matter;
or
(d) the Commission determines that, because it has spent a reasonable
period conciliating the matter, further conciliation under this Part should not
be proceeded with; or
(e) the Commission determines, after having regard to a dispute settling
procedure in an award or agreement by which the parties who requested the
conciliation are bound, that further conciliation under this Part should not be
proceeded with.
6 Subsection 89A(1)
After “dispute” (first occurring), insert “(other than a
demarcation dispute)”.
7 Before paragraph
89A(1)(a)
Insert:
(aa) dealing with an industrial dispute by compulsory
conciliation;
8 Paragraph 89A(7)(b)
Omit all the words after “matter”, substitute “by
voluntary conciliation or compulsory conciliation, or further conciliation, by
the Commission”.
9 Section 91
Omit “and agreement”, substitute “, agreement, mediation
and voluntary conciliation”.
10 Section 92
After “powers”, insert “under this Part”.
11 Subsection 99(1)
Omit “shall”, substitute “may”.
12 Subsection 100(1)
Omit “or the relevant Presidential Member otherwise becomes aware of
the existence of an alleged industrial dispute”.
13 Subsections 100(1) and
(2)
Before “conciliation”, insert
“compulsory”.
14 After subsection 101(1)
Insert:
(1A) If the Commission determines that the alleged industrial dispute is
an industrial dispute, the Commission must:
(a) determine whether the industrial dispute is a Part VI dispute;
and
(b) record its findings;
but the Commission may vary or revoke any of the findings.
(1B) If the Commission determines that the industrial dispute consists
only partly of one or more of the things referred to in paragraphs (4)(a), (b)
and (c), then, while that determination is in force:
(a) the part of the industrial dispute that consists of those things is
taken to be a separate industrial dispute that the Commission has determined is
a Part VI dispute; and
(b) the part of the industrial dispute that does not consist of those
things is taken to be a separate industrial dispute that the Commission has
determined is not a Part VI dispute.
(1C) The Commission must cease to deal with an industrial dispute under
this Part if the dispute is not a Part VI dispute. However, the Commission must
inform the parties that the dispute may be dealt with by mediation or voluntary
conciliation (see Part VA).
15 Subsection 101(3)
After “dispute”, insert “, or a Part VI
dispute,”.
16 At the end of section
101
Add:
(4) For the purposes of this section, a Part VI dispute is
an industrial dispute that consists wholly of one or more of the
following:
(a) allowable award matters;
(b) a matter that is allowed to be included in an industrial dispute
because of subsection 89A(7);
(c) a demarcation dispute.
17 Subsection 102(1)
Before “conciliation”, insert
“compulsory”.
Note: The heading to section 102 is altered by inserting
“compulsory” after “for”.
18 Subsection 103(1)
Before “conciliation” (wherever occurring), insert
“compulsory”.
Note: The heading to section 103 is altered by inserting
“compulsory” after “of”.
19 Subsections 104(1), (2), (4) and
(5)
Before “conciliation”, insert
“compulsory”.
20 Subsection 105(1)
Omit “if a party to the arbitration proceeding objects”,
substitute “unless the parties to the arbitration proceeding
consent”.
21 After paragraph
107(2)(a)
Insert:
(aa) in the case of a proceeding in relation to an industrial dispute that
is alleged to be a Part VI dispute (within the meaning of subsection
101(4))—to have the proceeding dealt with by a Full Bench because the
subject-matter of the proceeding is of such importance that, in the public
interest, the proceeding should be dealt with by a Full Bench; or
22 Paragraph 107(2)(b)
Before “conciliation”, insert
“compulsory”.
23 Subsection 107(3)
After “paragraph” (second occurring), insert “(2)(aa)
or”.
24 After subsection 107(3)
Insert:
(3A) An application under paragraph (2)(aa) may be accompanied by an
application under paragraph (2)(b), to be dealt with if the application under
paragraph (2)(aa) is granted and there is a finding that the industrial dispute
is a Part VI dispute (within the meaning of subsection 101(4)).
25 Paragraph 107(6)(a)
After “(2)(a)”, insert “or (2)(aa)”.
26 After paragraph
107(7)(a)
Insert:
(aa) if the application was accompanied by an application under paragraph
(2)(aa) that was granted—the Full Bench must, if it considers that the
industrial dispute is a Part VI dispute (within the meaning of subsection
101(4)), record its findings under section 101; and
27 Paragraph 107(7)(b)
After “granted”, insert “and the Full Bench finds that
there is a Part VI dispute”.
28 After subsection 107(7)
Insert:
(7A) Where the President grants an application under paragraph
(2)(aa):
(a) the Full Bench must, if it considers that the industrial dispute is a
Part VI dispute (within the meaning of subsection 101(4)), record its findings
under section 101; and
(b) if the application was accompanied by an application under paragraph
(2)(b) that was granted—the Full Bench must, subject to subsection (9),
hear and determine the industrial dispute or the part of the industrial
dispute.
29 Subsection 108(3)
Omit “an industrial dispute”, substitute “a Part VI
dispute (within the meaning of subsection 101(4))”.
30 Subparagraphs 108(3)(b)(i) and
(ii)
Before “conciliation”, insert
“compulsory”.
31 After subsection 111(1E)
Insert:
(1F) The Commission does not have powers under this section in relation to
an industrial dispute if it is conciliating the dispute under Part VA (about
voluntary conciliation).
32 At the end of subsection
111(2)
Add “(but does not include voluntary conciliation by the Commission
under Part VA)”.
33 Subsection 111AA(1)
After “If”, insert “, during compulsory conciliation on a
matter”.
34 Paragraph 111AA(1)(a)
Repeal the paragraph.
35 After paragraph
111AA(1)(c)
Insert:
and (d) the parties pay $500, or such other fee as is prescribed by the
regulations, for the hearing and recommendations;
36 Paragraphs 118A(1A)(a) and
(b)
Before “conciliation”, insert
“compulsory”.
37 Subsection 119(1)
After “Commission” (first occurring), insert “under this
Part”.
38 After paragraph
128(1)(c)
Insert:
or (ca) a matter that is the subject of voluntary conciliation by the
Commission; or
(cb) if a matter is one that could be the subject of voluntary
conciliation by the Commission—the matter is the subject of
mediation;
39 Subsection 130(1)
Omit “an industrial dispute”, substitute “a Part VI
dispute (within the meaning of subsection 101(4))”.
40 Section 132
Before “conciliation”, insert
“compulsory”.
Note: The heading to section 132 is altered by inserting
“compulsory” after
“about”.
41 At the end of subsection
134(2)
Add “(other than Part VA (about voluntary
conciliation))”.
42 Subsection 134(3)
After “this Act”, insert “(other than Part VA (about
voluntary conciliation))”.
43 Section 139
Before “conciliation”, insert
“compulsory”.
44 Paragraph 170CA(1)(a)
Before “conciliation”, insert
“compulsory”.
45 Paragraph 170CA(1)(b)
Before “conciliation” (wherever occurring), insert
“compulsory”.
46 Subsections 170CF(1) and
(2)
Before “conciliation”, insert
“compulsory”.
Note: The heading to section 170CF is replaced by the
heading “Compulsory conciliation”.
47 At the end of section
170L
Add “, through negotiation, mediation and voluntary conciliation
rather than compulsory conciliation or arbitration”.
48 Subsection 170LC(6)
Omit “sections 170NA and 170NB”, substitute “section
170NB”.
49 Subsection 170MY(1)
Repeal the subsection, substitute:
(1) The Commission has the powers in relation to matters mentioned in
subsections 170MX(2) and (3) that it would have under Part VI if that Part
applied to compulsory conciliation and arbitration in relation to the matters
instead of in relation to industrial disputes.
50 Subsection 170N(1)
Omit “arbitration powers”, substitute “powers in relation
to compulsory conciliation and arbitration”.
Note: The heading to section 170N is replaced by the heading
“No compulsory conciliation or arbitration by the Commission during the
bargaining period”.
51 At the end of subsection
170N(1)
Add:
Note: When negotiating an agreement under this Part
(including during a bargaining period) the parties may seek voluntary
conciliation by the Commission under Part VA or mediation.
52 Section 170NA
Repeal the section.
53 Paragraphs 174(1)(a) and
(c)
Before “conciliation”, insert
“compulsory”.
54 After section 357
Insert:
(1) The Commonwealth is not liable to pay a fee that is payable under
section 88AB or 111AA. However, it is the Parliament’s intention that the
Commonwealth should be notionally liable to pay such a fee.
(2) The Minister for Finance and Administration may give such written
directions as are necessary or convenient for carrying out or giving effect to
subsection (1) and, in particular, may give directions in relation to the
transfer of money within an account, or between accounts, operated by the
Commonwealth.
(3) Directions under subsection (2) have effect, and must be complied
with, despite any other Commonwealth law.
(4) In subsections (1) and (2), Commonwealth
includes:
(a) an Agency (within the meaning of the Financial Management and
Accountability Act 1997); and
(b) a Commonwealth authority (within the meaning of the Commonwealth
Authorities and Companies Act 1997);
that cannot be made liable to taxation by a Commonwealth law.
The Commission may, on application in writing by a person, waive all or
part of a fee payable, or notionally payable, under section 88AB or 111AA if
satisfied that payment of the fee by the person would cause the person
hardship.
55 Paragraph 520(2)(c)
Before “conciliation”, insert
“voluntary”.
56 Paragraph 520(2)(d)
After “arbitration”, insert “(other than by the
Commission)”.
57 Subsection 520(3)
Before “conciliation” (last occurring), insert
“voluntary”.
Part
2—Application and
transitional provisions
58 Definitions
In this Part:
Principal Act means the Workplace Relations Act
1996.
transitional period means 3 months after the commencement of
this Part.
59 Application of Part 1 to industrial
disputes
(1) The amendments made by Part 1 apply in relation to an industrial
dispute that is notified under section 99 of the Principal Act on or after the
commencement of this Part.
(2) The amendments made by Part 1 also apply in relation to an industrial
dispute that was notified under section 99 of the Principal Act before the
commencement of this Part, but only if the Commission had not made a finding or
determination under section 101, 107 or 108 of the Principal Act in relation to
the dispute before the commencement. It does not matter whether the Commission
had begun to consider the dispute before the commencement.
(3) This item applies despite any dispute settling procedure in an award
that provides for conciliation by the Commission.
60 Treatment of industrial disputes where a
finding is made before the commencement
(1) If the Commission had made a finding or determination under section
101, 107 or 108 of the Principal Act in relation to an industrial dispute before
the commencement of this Part, then, despite the amendments made by Part 1, the
Principal Act applies during the transitional period in relation to the dispute
as if the amendments had not been made.
(2) After the end of the transitional period, the Principal Act, as amended
by Part 1, applies in relation to the industrial dispute.
(3) If:
(a) before the end of the transitional period, conciliation had started on
the dispute but had not been completed; and
(b) the Commission determines that the dispute consists wholly of one or
more of the following:
(i) allowable award matters;
(ii) a matter that is allowed to be included in an industrial dispute
because of subsection 89A(7) of the Principal Act;
(iii) a demarcation dispute;
then the dispute is to be treated as being a Part VI dispute (within the
meaning of subsection 101(4) of the Principal Act) after the end of the
transitional period.
(4) For the purposes of subitem (3), if the Commission determines that the
industrial dispute consists only partly of one or more of the things referred to
in subparagraphs (3)(b)(i), (ii) and (iii), then:
(a) the part of the industrial dispute that consists of those things is
taken to be a separate industrial dispute that the Commission has determined
under subitem (3) consists wholly of those things; and
(b) the part of the industrial dispute that does not consist of those
things is taken to be a separate industrial dispute that the Commission has
determined under subitem (3) does not consist of those things.
(5) If the Commission determines under subitem (3) that the industrial
dispute does not consist wholly of one or more of the things referred to in
subparagraphs (3)(b)(i), (ii) and (iii), then the dispute is to be treated as
not being a Part VI dispute (within the meaning of subsection 101(4) of the
Principal Act) after the end of the transitional period. The Commission must
inform the parties that the dispute may be dealt with by mediation or voluntary
conciliation.
(6) This item applies despite any dispute settling procedure in an award
that provides for conciliation by the Commission.
61 Application of Part 1 if dispute settling
procedures in awards or agreements provide for conciliation
(1) If an award:
(a) is in force on the day on which this Part commences; and
(b) has a dispute settling procedure that provides for conciliation by the
Commission;
then, after the end of the transitional period, the reference in the
dispute settling procedure to conciliation by the Commission is taken to be a
reference to voluntary conciliation by the Commission.
(2) If a certified agreement or AWA:
(a) is in force on the day on which this Part commences; and
(b) has not passed its nominal expiry date on that day; and
(c) has a dispute settling procedure that provides for settlement of a
matter by the Commission;
then the Commission may, until the nominal expiry date, conciliate, or
continue to conciliate, a matter under that procedure as if the amendments in
Part 1 had not been made.
(3) After the nominal expiry date referred to in subitem (2):
(a) the reference in the dispute settling procedure in the certified
agreement or AWA to conciliation by the Commission is taken to be a reference to
voluntary conciliation by the Commission; and
(b) the matter may be the subject of voluntary conciliation by the
Commission.
62 Application of Part 1 to negotiations in
relation to certified agreements
(1) The amendments made by Part 1 apply in relation to a matter arising
under Part VIB of the Principal Act on or after the commencement of this Part,
even if negotiations in relation to an agreement had begun under Part VIB of the
Principal Act before the commencement.
(2) The amendments made by Part 1 also apply in relation to a matter
arising under Part VIB of the Principal Act before the commencement of this
Part, but only if conciliation under section 170NA of the Principal Act on the
matter had not begun before the commencement.
(3) If conciliation under section 170NA of the Principal Act had begun on
the matter before the commencement of this Part, then, despite the amendments
made by Part 1, the Principal Act applies during the transitional period in
relation to the matter as if the amendments had not been made.
(4) After the end of the transitional period, the Principal Act, as amended
by Part 1, applies in relation to the matter.
(5) However, this item does not apply in relation to a matter arising under
Part VIB of the Principal Act if subitem 61(2) applies in relation to the
matter.
1 Subsection 4(1)
Insert:
accredited workplace relations mediator means a workplace
relations mediator that is accredited under Division 5 of Part IVB.
2 Subsection 4(1)
Insert:
approved mediation agency means a person or body approved
under Division 3 of Part IVB.
3 Subsection 4(1)
Insert:
competency standards for accredited workplace relations
mediators means the standards determined by the Mediation Adviser under Division
4 of Part IVB.
4 Subsection 4(1)
Insert:
Mediation Adviser means the Mediation Adviser referred to in
Part IVB.
5 Subsection 4(1)
Insert:
Register of Accredited Workplace Relations Mediators means
the Register established under Division 6 of Part IVB.
6 After Part IVA
Insert:
The principal objects of this Part are:
(a) to encourage the use of voluntary mediation to resolve differences and
issues that arise in relation to certain workplace relations matters covered by
this Act; and
(b) to facilitate high quality mediation in relation to those workplace
relations matters; and
(c) to assist people in choosing an appropriate mediator by providing for
a Register of Accredited Workplace Relations Mediators whilst recognising that
people are free to choose their own mediator and make their own arrangements
relating to costs.
There is to be a Mediation Adviser.
The Mediation Adviser has the following functions:
(a) to establish and maintain the Register of Accredited Workplace
Relations Mediators;
(b) to approve people or bodies as approved mediation agencies;
(c) to determine competency standards for accredited workplace relations
mediators, in consultation with approved mediation agencies;
(d) to promote the use of voluntary mediation by accredited workplace
relations mediators to resolve workplace differences and issues;
(e) to provide advice to employers, employees and organisations about the
use of mediation to resolve workplace differences and issues covered by this
Act;
(f) to carry out such other functions as are conferred on the Mediation
Adviser by this Act and any other law of the Commonwealth.
The Mediation Adviser has power to do all things necessary or convenient
to be done for, or in connection with, the performance of the Mediation
Adviser’s functions.