Fair Work (Registered Organisations) Amendment Act 2012
No. 93, 2012 as amended
Compilation start date: 29 June 2013
Includes amendments up to: Act No. 73, 2013
Includes uncommenced provisions: see subsection 2(1)
About this compilation
The compiled Act
This is a compilation of the Fair Work (Registered Organisations) Amendment Act 2012 as amended and in force on 29 June 2013. It includes any amendment affecting the compiled Act to that date.
This compilation was prepared on 14 August 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.
Modifications
If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Part 1—Amendments commencing on Royal Assent
Fair Work (Registered Organisations) Act 2009
Part 1A—Amendments commencing on 1 July 2013
Fair Work (Registered Organisations) Act 2009
Part 2—Amendments commencing on 1 January 2014
Fair Work (Registered Organisations) Act 2009
Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
Endnote 3—Uncommenced amendments [none]
Endnote 4—Misdescribed amendments [none]
An Act to amend the Fair Work (Registered Organisations) Act 2009, and for related purposes
1 Short title
This Act may be cited as the Fair Work (Registered Organisations) Amendment Act 2012.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
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 this Act receives the Royal Assent. | 29 June 2012 |
2. Schedule 1, Part 1 | The day this Act receives the Royal Assent. | 29 June 2012 |
3. Schedule 1, Part 1A | 1 July 2013. | 1 July 2013 |
4. Schedule 1, Part 2 | 1 January 2014. | 1 January 2014 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it…
Overview
The Fair Work (Registered Organisations) Amendment Act 2012 was enacted by the Australian Parliament to amend the Fair Work (Registered Organisations) Act 2009, aiming to address issues related to the governance and financial management of registered organisations. The policy objective of the Act is to enhance transparency, accountability, and financial management within registered organisations. The Act introduces various amendments, including changes to the rules regarding the disclosure of remuneration and other benefits to officers, the introduction of approved training requirements for officers with financial duties, and modifications to the powers and procedures for investigations conducted by the Fair Work Ombudsman. The amendments also address issues related to the delegation of powers, the definition of related parties, and the implementation of model rules for expenditure and disclosure. The Act includes transitional provisions to manage the changes' impact on existing rules and practices within registered organisations.
Scope and Application
The Fair Work (Registered Organisations) Amendment Act 2012 amends the Fair Work (Registered Organisations) Act 2009, which governs the regulation of registered organisations under the Fair Work Act 2009. The Act applies to registered organisations, including employer organisations and employee organisations, and their branches. It also applies to officers and members of these organisations. The Act has a national jurisdictional reach, as it is a Commonwealth Act. The amendments introduced by this Act include provisions for the approval of training for officers responsible for financial management, increased penalties for contraventions, and expanded powers for investigations. The amendments also include transitional provisions for certain rules and disclosures. There are no specific exclusions or thresholds mentioned in the Act, but it does note that certain provisions apply only to investigations begun or concluded after specific commencement dates. The Act may be further extended or modified by subordinate instruments.
Key Provisions
- The Fair Work (Registered Organisations) Amendment Act 2012 introduces several key provisions and amendments to the Fair Work (Registered Organisations) Act 2009. Section 5 of the amended Act now explicitly recognises the role of employer and employee organisations in facilitating the operation of the workplace relations system. Additionally, section 6 defines new terms such as 'child,' 'control,' 'de facto partner,' 'disclosure period,' 'entity,' 'non-cash benefit,' 'parent,' 'related party,' 'relative,' and 'remuneration' to provide clarity and consistency in the application of the Act. Section 154C allows the General Manager to approve training for officers of organisations and branches, provided the training pertains to financial management duties. Furthermore, section 337AA introduces civil penalty provisions for non-compliance with requirements to provide information or documents, or to attend for questioning, during investigations.
- The Act imposes obligations on organisations and their officers to comply with the new rules and requirements. For instance, organisations and branches must now develop policies for expenditure and must require officers to disclose any remuneration, material personal interests, and payments made by the organisation or branch to related parties. These obligations aim to enhance transparency and accountability within registered organisations. Additionally, the General Manager has the authority to delegate certain functions and powers to qualified staff or external bodies, subject to specific conditions outlined in section 343A.
- Breach of the Act's provisions can lead to various consequences. Civil penalty provisions are introduced under section 337AA, imposing penalties for non-compliance with information and document requirements during investigations. The penalties include fines of up to 150 penalty units for bodies corporate and 30 penalty units for other cases. Additionally, the Act allows for pecuniary penalties to be imposed by the Federal Court for conduct contravening specific subsections, with maximum penalties of 150 penalty units for bodies corporate and 30 penalty units for other cases. Failure to comply with the new disclosure requirements and approved training obligations may also result in regulatory action and potential penalties.
- Area of Law
- Employment & Labour Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations
- Civil Penalty Provisions
- Enforcement Powers