Fair Work (Miscellaneous) Amendment Act 2015 (SA)

South Australia

Fair Work (Miscellaneous) Amendment Act 2015

An Act to amend the Fair Work Act 1994.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Fair Work (Miscellaneous) Amendment Act 2015.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Fair Work Act 19944Amendment of section 4 – Interpretation

1. (1)

   Section 4(1), definition of Employee Ombudsman—delete the definition

2. (2)

   Section 4(1), definition of peak entity, (d)—delete paragraph (d)

5Amendment of section 7 – Industrial authorities

1. (1)

   Section 7(1)(d)—delete paragraph (d)

2. (2)

   Section 7(5)—delete "Employee Ombudsman and the"

6Amendment of section 39 – Constitution of Full Commission

Section 39(3)—delete "one or more Commissioners" and substitute:

such number of Commissioners (if any) as directed by the President

7Repeal of Chapter 2 Part 6 Division 1

Chapter 2 Part 6 Division 1—delete Division 1

8Amendment of section 64 – Who are inspectors

Section 64(1)(a)—delete paragraph (a)

9Amendment of section 75 – Who may make enterprise agreement

1. (1)

   Section 75(5)—delete "the Employee Ombudsman or"

2. (2)

   Section 75(6)—delete subsection (6)

3. (3)

   Section 75(8)—delete subsection (8)

10Amendment of section 76 – Negotiation of enterprise agreement

Section 76(2)—delete "the Employee Ombudsman,"

11Amendment of section 79 – Approval of enterprise agreement

1. (1)

   Section 79(1)(a)(ii)—delete "the Employee Ombudsman,"

2. (2)

   Section 79(8)—delete subsection (8)

12Amendment of section 80 – Extent to which aspects of negotiations and terms of the agreement are to be kept confidential

Section 80(4)—delete "(but an order under this subsection cannot prevent disclosure of the agreement to the Employee Ombudsman)"

13Amendment of section 150 – Proceedings to be in public

Section 150(3)—delete "the Employee Ombudsman,"

14Amendment of section 153 – Intervention

Section 153(3)—delete "or the Employee Ombudsman"

15Amendment of section 219 – Confidentiality

Section 219(2)(b)—delete ", the Commission or the Employee Ombudsman" and substitute:

or the Commission

16Amendment of section 223 – Discrimination against employee for taking part in industrial proceedings etc

Section 223(1)(e)—delete paragraph (e)

17Transitional provision

The person holding office as the Employee Ombudsman will cease to do so on the commencement of this section.