Industrial Arbitration (Enterprise Agreements) Amendment Act 1990 (NSW)

INDUSTRIAL ARBITRATION (ENTERPRISE AGREEMENTS)

AMENDMENT ACT 1990 No. 113

NEW SOUTH WALES

TABLE OF PROVISIONS

1.      Short title

2. Commencement

3. Amendment of Industrial Arbitration Act 1940 No. 2

4.      Amendment of other Acts

SCHEDULE 1 - AMENDMENT OF THE INDUSTRIAL ARBITRATION ACT

1940

PART 1 - AMENDMENT PROVIDING FOR ENTERPRISE AGREEMENTS PART 2 - CONSEQUENTIAL AMENDMENTS

SCHEDULE 2 - AMENDMENT OF OTHER ACTS

INDUSTRIAL ARBITRATION (ENTERPRISE AGREEMENTS)

AMENDMENT ACT 1990 No. 113

NEW SOUTH WALES

Act No. 113, 1990

An Act to amend the Industrial Arbitration Act 1940 with respect t o enterprise agreements; and to amend certain other Acts consequentially. [Assented to 18 December 1990]

Industrial Arbitration (Enterpise Agreements) Amendment 1990

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Industrial Arbitration (Enterprise

Agreements) Amendment Act 1990.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Industrial Arbitration Act 1940 No. 2

3. The Industrial. Arbitration Act 1940 is amended as set out in

Schedule 1.

Amendment of other Acts

4. Each Act specified in Schedule 2 is amended as set out in that

Schedule.

SCHEDULE 1 - AMENDMENT OF THE INDUSTRIAL

ARBITRATION ACT 1940

(Sec. 3)

PART 1 - AMENDMENT PROVIDING FOR ENTERPRISE

AGREEMENTS

Part 1C (sections 13A–13Z):

After section 13, insert:

PART 1C - ENTERPRISE AGREEMENTS

Division l - Definitions

Definitions

13A. (1) In this Part:

"enterprise" means a business, undertaking or project;

"enterprise employer" means the employer or employers

carrying on an enterprise;

"registered" means registered under this Part.

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(2) For the purposes of this Part, enterprises carried on by corporations that are taken to be related to each other for the purposes of the Companies (New South Wales) Code may be taken to constitute one enterprise or separate enterprises.

Division 2 - Enterprise agreements

Purpose of an enterprise agreement

13B. The purpose of an enterprise agreement is to regulate (wholly or partly) the conditions of employment of persons who are employed in a single enterprise in any one or more trades or occupations.

Effect of a registered enterprise agreement

13C. (1) A registered enterprise agreement, as in force
for the time being, is enforceable as if it were an award.
(2) The provisions of a registered enterprise agreement,
as in force for the time being, prevail over the provisions
of any award, industrial agreement or order of the
commission that deal with the same matters in so far as

they purport to apply to a person bound by the enterprise

agreement.

(3) While a registered enterprise agreement is in force, the functions of the commission and of any conciliation commissioner or conciliation committee relating to conditions of employment fixed by the agreement are exercisable only with the concurrence of each party to the agreement.

Parties to an enterprise agreement
13D. (1) An enterprise agreement may be made

between an enterprise employer and any one of the
following:

(a) one or more industrial unions of employees that represent persons employed or intending to be employed in the enterprise;

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(b)	each of not less than 65% of the individuals employed o r intending t o be employed in o n e o r more trades o r occupations in the enterprise;
(c)	a works committee formed under this Part to represent persons employed o r intending t o b e employed in the enterprise.

(2) Before a n employee o r intending employee o r a works committee can become a party to a n enterprise agreement, the proposed agreement must be approved in a secret ballot by not less than 65% of the persons who a r e employed o r intend to be employed in the enterprise in the one o r more trades o r occupations to which the agreement is to apply.

Content of an enterprise agreement

13E. ( 1 ) An enterprise agreement must include provisions:

(a)	identifying the parties to the agreement, the enterprise for which it is made and the trades o r occupations to which it relates; and
(b)	fixing conditions of employment of a kind capable of being fixed by State awards; and
(c)	identifying each award and industrial agreement (if any) that fixes conditions of employment that will apply to employees bound by the agreement but a r e conditions that a r e not fixed by the agreement; and
(d)	setting out or adopting procedures to be followed by individual employees and parties subject t o the agreement t o avoid grievances and t o settle them, if they should arise; and
(e)	declaring that the agreement was not entered into under duress by any party t o it.

(2) An enterprise agreement applies t o conditions of employment only a t such places a s the enterprise concerned was o r was intended to be, o r could have reasonably been expected to be, carried o n when the agreement was made.

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(3) A n enterprise agreement may provide that it applies only to conditions of employment a t a place o r places specified in the agreement, despite subsection (2).

Formal considerations

13F. An enterprise agreement is required t o b e in writing and signed by o r o n behalf of all persons who a r e expressed to b e parties to it.

Term of enterprise agreement

13G. ( 1 ) An enterprise agreement is required t o specify its nominal term, which is to be not less than 1 2 months nor more than 3 years.

(2) An amending enterprise agreement may have a te rm equivalent to the residue of the term of the enterprise agreement it amends, even though the residue may b e less than 1 2 months.

(3) Unless each of the parties enters into a n agreement to terminate the enterprise agreement during its nominal term o r after its nominal term has expired, the enterprise agreement can be terminated only a t o r after the expiration of its nominal term by one of the parties giving a t least 3 months' notice of intention to terminate:

(a )	to the other party, o r
(b)	if there a re two o r more other parties, t o each other party.

(4) If the parties to the enterprise agreement (other than the enterprise employer) include individuals o r a works committee, a n agreement to terminate the enterprise agreement during its nominal term may b e entered into by those individuals o r that works committee only after a decision to d o so supported in a secret ballot by not less than 65% of the persons for the time being employed in the enterprise in the one o r more trades o r occupations t o which the enterprise agreement applies.

(5) Termination of the agreement is not effective unless
the registrar has been given written notice of a n agreement

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t o terminate o r of service of the notice o f intention t o

terminate.

Variation of enterprise agreement

13H. ( 1 ) T h e parties to a n enterprise agreement may by mutual consent make a further such agreement that varies the former agreement.
(2) An enterprise agreement a s varied from time t o t ime
must comply with the requirements made by this Division.
(3) If the parties to the enterprise agreement (other than
the enterprise employer) include individuals o r a works
committee, such a further agreement t o vary may b e
entered into by those individuals o r that works committee
only after a decision to d o so supported in a secret ballot
by not less than 65% of the persons for the t ime being

employed in the enterprise in the one o r more trades o r

occupations to which the enterprise agreement applies.

(4) Despite section 13C, the commission may vary the provisions of a registered enterprise agreement for the purpose of:

(a)	removing ambiguity o r uncertainty; o r
(b)	making a n amendment the commission considers necessary t o avoid a substantial risk of death o r
personal injury.

(5) A variation under subsection (4) may b e made only o n the application of:

(a)	the enterprise employer, o r
(b)	a n industrial union that is a party t o the agreement; o r
(c)	with the leave of the commission, an individual employee who is a party to the agreement; o r
(d)	a works committee that is a party t o the agreement, without the necessity for a secret ballot decision o n whether the application should b e made.

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Approval for registration of enterprise agreement

13I. ( l ) An enterprise agreement may b e lodged with the registrar for approval for registration.

(2) The commission is to approve for registration each enterprise agreement so lodged, but only if the commission is satisfied:

(a)	that the agreement is not contrary to the public interest; and
(b)	that the agreement is not unfair, harsh or unconscionable; and
(c)	that the agreement was not entered into under duress; and
(d)	that the agreement complies with all other requirements made by this Division.

(3) An enterprise agreement that, in the opinion o f the commission, fails to comply with the commission’s wage fixation principles is not contrary t o the public interest if the parties to it satisfy the commission:

(a)	that it will improve the productivity and efficiency of the enterprise concerned t o such a n extent a s t o justify failure to comply with those principles; a n d
(b)	that it is in the interests of the parties who will b e bound by it,

(4) The commission may obtain and take into account the views of any State peak organisation a s t o whether o r not a n enterprise agreement is contrary t o the public interest,

(5) Before a n enterprise agreement is approved for registration, the registrar must forward a copy o f the agreement for consideration by the Commissioner fo r Enterprise Agreements and the commission must take into account any submission concerning the agreement made, within such time as the registrar specifies, by the Commissioner.

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( 6 ) T h e functions of the commission under this section a r e t o be exercised by a Deputy President designated by the President for the purposes of this section.

(7) I n this section:
"State peak organisation" means the Labor Council of New South Wales and any association for employers that, in the opinion of the commission:

(a) operates primarily throughout New South

Wales; and

(b) is representative of a significant number of

member associations of employers;

"wage fixation principles" means principles established by the commission that apply to the determination of wages and conditions of employment, other than wages and conditions of employment fixed by enterprise agreements.

Registration of enterprise agreement required

13J. (1) T h e registrar is t o register each enterprise agreement approved by the commission for registration.

(2) An enterprise agreement has n o force o r effect unless it is registered.

Persons bound by enterprise agreement

13K. A registered enterprise agreement, a s in force for

the time being, is binding on:

(a) the parties t o the agreement; and

(b)	each person from time to time employed in the enterprise for which the agreement was made who, whether o r not a member of a n industrial union o r a works committee that is a party t o the agreement o r otherwise a named party t o the agreement, is employed in a trade o r occupation t o which the agreement relates; and
(c)	each successor to an enterprise employer who was a party to the agreement .

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Register of enterprise agreements

13L . (1) The registrar is t o keep a register of all enterprise agreements (including amending enterprise agreements) that have been registered, notices of termination of such agreements and such other particulars as the registrar considers appropriate.

(2) The registrar is to permit any of the following persons without payment of any fee to inspect, and t o make copies of, any document kept in the register:

(a )	a person carrying into effect provisions of this Act for enforcing the agreement;
(b)	a person carrying into effect provisions of this Act with the concurrence of the parties t o the agreement;
(c)	a person, or any person of a class of persons, prescribed for the purposes of this section by t h e regulations.

(3) Any other person may inspect, o r make copies of, any document kept in the register, but only o n payment of the prescribed fee.

Notice to be given of working conditions

13M. ( 1 ) An employer of employees whose conditions of employment a re affected by a registered enterprise agreement must cause a copy of the agreement, as in force for the time being, t o be fixed and maintained in a conspicuous place in all premises to which the agreement applies s o as to be easily read by employees in those premises.

(2) If any of the employees concerned cannot understand the language in which the agreement is written, the employer must cause sufficient accurate (but simply expressed) summaries of the agreement to be so fixed and maintained for each of the employees to b e able t o read such a summary in a language he o r she understands.

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(3) Before an employer bound by a registered enterprise agreement engages the services of a person as an employee who will be bound by conditions of employment fixed by a registered enterprise agreement, the employer must give the person:

(a)	notice of the existence of the agreement and access to a copy or to an accurate (but simply expressed) summary of the agreement, for perusal by the person, in a language the person understands; or
(b)	notice of the existence of the agreement and a copy or accurate (but simply expressed) summary of the agreement in a language the person understands.

Maximum penalty: 10 penalty units.

Restriction on duplication of special conditions

13N. In the making of awards or orders, and in the giving of directions under this Act, the commission, conciliation commissioners and conciliation committees are not to have regard to provisions of enterprise agreements.

Secret ballots under this Division

13O. (1) Except as provided by subsection (2), a secret ballot under this Division must be conducted by a person (other than the enterprise employer or a person selected by that employer) on behalf of the employees or intending employees entitled to vote in the ballot, being a person who meets any other requirement that may be imposed by the regulations.

(2) If, within 14 days next following the purported holding of such a ballot, the registrar receives a written complaint from at least 20% of the persons entitled to vote in the election alleging specified irregularities in the conduct of the election and requesting that a further secret ballot be conducted by an independent person, the registrar may (if of the opinion that such action is justified) arrange with the persons concerned:

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(a) for the conduct of such a further secret ballot; and

(b) for evidence of the result of the further ballot to be supplied to the registrar.

(3) The result of such a further ballot is to be disregarded if the registrar is not satisfied that it has been conducted in accordance with the registrar's directions.

(4) Before the registrar arranges for the conduct of a further secret ballot, the registrar must forward a copy of the complaint to the Commissioner for Enterprise Agreements and must take into account any submission concerning the alleged irregularities made, within such time as the registrar specifies, by the Commissioner.

(5) The registrar may advise the commission of any such complaint received and the commission may make such orders for the stay of proceedings under this Division or otherwise as it considers appropriate.

Division 3 - Works committees

Nature of works committee

13P. A works committee is a committee formed in accordance with this Part by persons employed or intending to be employed in an enterprise in any one or more trades or occupations to represent persons so employed in the negotiating, making, varying and terminating of enterprise agreements.

Decision to form works committee

13Q. (1) Persons employed or intending to be employed in a single enterprise in any one or more trades or occupations and who intend to become bound by an enterprise agreement may, at a meeting held for the purpose, decide:

(a) whether to form a works committee to represent persons employed or intending to be employed in the enterprise in those trades or occupations; and

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(b) if a works committee is to be formed, which of those persons will be the members of the committee.

(2) Any such decision must be supported in a secret ballot by at least 65% of the persons for the time ,being employed or intending to be employed in the enterprise in those trades or occupations.

Composition of works committee

13R. (1) A works committee must consist of not more than 8 persons who would become bound by any enterprise agreement to which the committee was a party.

(2) If the enterprise employer consents, the committee may consist of more persons.

Term

13S. ( 1 ) If a n enterprise agreement has not been entered into by a works committee within 6 months af ter its formation, the committee is taken t o be dissolved.

(2) If a works committee enters into a n enterprise agreement within 6 months after its election, the committee is taken to be dissolved when the agreement is terminated.

Decisions and procedure

13T. ( 1 ) A decision supported by the majority of the members for the time being of a works committee is the decision of the committee.

( 2 ) A works committee must elect a chairperson from among its members who is to have a deliberative vote and, in the event of a n equality of votes, a second o r casting vote.

(3) Except as provided by this section, a works committee may determine its own procedure.

Casual vacancy

13U. If a vacancy occurs in the office of a member of a works committee:

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(a)	the employees o r intending employees for the t ime being represented by the committee may a t a meeting elect in such manner a s they think fit o n e of their number to fill the vacancy; and
(b)	pending such an election, the chairperson may appoint such a n employee o r intending employee t o fill the vacant position.

Dissolution

13V. (1) A works committee may b e dissolved a t any time by a decision to dissolve the committee supported in a secret ballot by a t least 65% of the persons for the t ime being employed o r intending to b e employed in the enterprise who a re o r would b e bound by a n enterprise agreement entered into by the committee.

(2) If a works committee is dissolved while a n enterprise agreement is in force, any works committee formed in accordance with this Division within 30 days after the dissolution to represent the employees represented by the former committee is taken t o b e a party t o the agreement instead of the former committee.

(3) If a works committee is dissolved while a n enterprise agreement is in force and a further works committee is not s o elected, the former works committee ceases t o b e a party to the agreement but persons from time t o t ime employed in the enterprise who would have been bound by the agreement if the works committee had not been dissolved continue t o b e bound by the agreement a s if each such person were a party t o the agreement.

Representation before the commission

13W. I n proceedings before the commission, a works committee may b e represented by any of its members o r by a barrister o r solicitor.

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Secret ballots under this Division

13X. A secret ballot under this Division must be conducted by a person (other than the enterprise employer o r a person selected by that employer) o n behalf of the employees o r intending employees entitled to vote in the ballot, being a person who meets any other requirement imposed by the regulations.

Division 4 - Commissioner for Enterprise Agreements

Appointment

13Y. A Commissioner for Enterprise Agreements may be appointed under and subject to the Public Sector Management Act 1988.

Functions
1 3 Z . ( 1 ) T h e Commissioner for Enterprise Agreements is required:

t o keep under review t h e . operation of the provisions of this Act relating t o enterprise agreements; and
when asked for assistance in that regard, to advise any person bound o r considering whether t o become bound by a n enterprise agreement about their rights and obligations under this Part o r under the agreement o r proposed agreement; and
when asked for assistance in that regard, t o advise any such person about conditions of employment under any award o r industrial agreement that currently apply to the person; and

t o promote the use of enterprise agreements; and t o make submissions, in such cases a s the Commissioner considers appropriate, t o the commission about whether o r not approval should be given to the registration of a n enterprise agreement o r of its variation; and

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(f)	to provide a report annually to the Minister on the Commissioner's activities during the year to which the report relates; and
(g)	at such times as the Minister directs, to report to the Minister on such matters as the Minister nominates; and
(h)	to exercise or perform such other powers, authorities, duties or functions as may be conferred or imposed on the Commissioner by or under this or any other Act.

(2) The Commissioner may confer with any person or
body, whether in New South Wales or elsewhere, about

anything the Commissioner is authorised or required to do.

PART 2 - CONSEQUENTIAL AMENDMENTS

(1) Section 5 (Definitions):

(a) From section 5 (1), omit the definition of "Agreement", insert instead:

''Agreement'' means an enterprise agreement or an

industrial agreement.

(b) In section 5 (1), after the definition of “Employer”, insert:

"Enterprise agreement" means an enterprise agreement

registered under Part 1C.

(c) In section 5 (1), after the definition of “Vocational Training Board", insert:

"Works committee'' means a works committee formed in

accordance with Division 3 of Part 1C.

(2) Part 1A, heading:

Omit the heading to sections 6–10A, insert instead

PART 1A - INDUSTRIAL UNIONS

(3) Part 1B, heading:

Omit the heading to sections 11 and 13, insert instead:

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PART 1B - INDUSTRIAL AGREEMENTS

(4) Section 54 (Existing awards and industrial agreements):

(a) In section 54 (1), before "agreements", insert "industrial".

(b) In section 54, before "agreement" wherever occurring, insert "industrial”

(5) Section 55 (Awards and industrial agreements made after

appointed day):

(a)	Before	"agreements"	wherever	occurring,	insert
"industrial".

(b) Before "agreement" wherever occurring, insert "industrial".
(6) Section 56 (Retrospective awards and industrial agreements):

(a) In section 56 (1), before "agreements", insert "industrial".

(b)	In section 56 (1), before "agreement" wherever occurring, insert "industrial".
(7)	Section 58 (Action on variation of basic wage): (a) Before "agreement" wherever occurring, insert "industrial".
(b) Before "agreements" wherever occurring, insert

"industrial”.

(8) Section 63 (Ordinary working hours):

(a) From section 63 (1), omit "The ordinary", insert instead

"Except where working hours are provided for in an

enterprise agreement, the ordinary".

(b) In section 63 (1), before "agreements", insert "industrial".

(c)	In section 63 (1) (a), before "agreement" wherever occurring, insert "industrial".
(d)	In section 63 (1) (a), after "consent", insert "or by an
enterprise agreement".
(e)	In section 63 (1) (c), before "agreement" wherever occurring, insert "industrial".

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(f)	From section 63 ( 1 ) (c), omit "No", insert instead "Except where working hours a re provided for in a n enterprise agreement, no".
(g)	In section 63 ( 1 ) (f), before "agreement", insert "industrial".
(h)	In section 63 ( l ) (g), after “subsections”, insert “(1A),".
(i)	After section 63 ( l ) , insert

(1A) Subsection (1) (g) does not authorise the commission in court session to make a n award affecting anything in a n enterprise agreement.

(j)	In section 63 (2A), before "agreement" wherever occurring, insert "industrial".
(k)	In section 63 ( 6 ) , before "agreement" wherever occurring, insert "industrial".

(1) In section 63 (7), before "agreement" where secondly occurring, insert "industrial".

(9) Section 63A (Variation of certain awards and industrial

agreements):

Before "agreement" wherever occurring, insert "industrial".

( 1 0 ) Section 63C (Penalty):

After "agreement", insert "(other than a n enterprise agreement)".

( 11 ) Section 66 (Overtime):

Omit the last paragraph, insert instead:

(2) For the purposes of this Part, "overtime" means time

worked in excess of the days o r hours limited by o r under this Act or, in the case of a n employee bound by a n enterprise agreement, by the agreement.

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(12) Section 68 (Overtime rates):

Before "agreement" wherever occurring, insert "industrial".

(13) Section 88F (Power of commission to declare certain

contracts void):

After section 88F (4), insert:

(5) This section does not apply to an enterprise agreement.

(14) Section 88FA (Regulation of certain contracts):

After section 88FA (9), insert:

(9A) This section does not apply to an enterprise agreement.

(15) Section 90B (Obsolete awards etc.):

Before "agreement" wherever occurring, insert "industrial".

(16) Part 8B, Division 1, heading:

Omit "or agreements".

(1 7) Sections 91X and 91Y:

In sections 91X (1) and 91Y (1), after "award" wherever

occurring, insert “, enterprise agreement".

(18)

Section 92 (Recovery of wages etc):

(a)	In section 92 (1) (a), after "award" where firstly occurring, insert "or an enterprise agreement".
(b)	From section 92 (1) (a), omit "award or", insert instead

"award, enterprise agreement,".

(c)	In section 92 (1) (b), after "award" wherever occurring, insert “, enterprise agreement".
(d)	In section 92 (2) (b), after "award" wherever occurring, insert ", enterprise agreement".
(e)	In section 92 (2A) (b), after "award", insert “, enterprise agreement".

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( f )	In section 92 (2A) (c), after "award" where firstly occurring, insert “, enterprise agreement".
(g)	I n section 92 (2A) (c), after "an award,", insert "enterprise agreement, industrial".
(h)	In section 92 (2D) (b), after "award", insert “, enterprise agreement".

(i)     From section 92 (7), omit "industrial" where firstly and thirdly occurring.

(19)

Section 92A (Certain payments may be made by cheque):

(a )	From section 92A (2A) (a), omit “such industrial union o r unions of employees which", insert instead "each industrial union that".
(b)	In section 92A (2A) (a), after "application" where secondly occurring, insert "(or, if the employees affected by the application a re bound by a n enterprise agreement made with the employer otherwise than by a n industrial union, each of the employees)".
(c)	From section 92A (2A) (b), omit "union", insert instead "industrial union o r employee".
(d)	From section 92A (2A) (c), omit "the objecting union o r unions", insert instead "each objecting industrial union o r employee".

(20) Section 92AA (Certain payments may be made by electronic

funds transfer etc.):

I n section 92AA ( 1 ) (b), after "agreement,", insert

"enterprise agreement,".

(21) Section 93 (Penalty for breach of award etc.):

(a) In section 93 (1) and (3), after "award," wherever

occurring, insert "enterprise agreement,".

(b) In section 93 (2), after "award" wherever occurring, insert “, enterprise agreement".

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(c)	In section 93 (4), after "award" where firstly occurring, insert “, a n enterprise agreement".
(d)	In section 93 (4), after "agreement" where lastly occurring, insert “, o r by the secretary of a n industrial union o r any employee that is a party to o r bound by the enterprise agreement,".

(22) Section 94 (Secretary of union etc, receiving money for

breach of award etc.):

After "award", insert “, enterprise agreement".

(23)

Section 95 (Penalty for unlawful dismissal):

( a )	From section 95 (1) (b), omit "industrial agreement o r a n award", insert instead "award, enterprise agreement o r industrial agreement".
(b)	In section 95 (1) (b1), after "award", insert “, enterprise

agreement".

(c) At the end of section 95 (1) (d), insert:

; o r

( e ) after applying to the enterprise employer for leave without pay for the purpose, and after that employer has unreasonably refused leave, has been absent from work through being engaged in o ther duties as a member of a works committee in respect of a matter related to the enterprise the subject of a n enterprise agreement to which the works committee is a party,

(d)	In section 95 ( l ) , after "paragraph (d)", insert "or (e)".
(e )	At the end of section 95 (2) (b), insert:

; o r

(c) where the employee alleged to have been dismissed, injured o r prejudiced is bound by a n enterprise agreement (other than such a n agreement to which a n industrial union is a party) - by the employee.

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(24) Section 95A (Particulars of wages to be furnished t o

employees):

(a)	In section 95A ( l ) , after "award" where firstly occurring, insert “, enterprise agreement".
(b)	From section 95A (l), omit "award or agreement” wherever occurring, insert instead "award, enterprise agreement o r industrial agreement".
(c)	From section 95A (2) (b), omit "the industrial union o r industrial unions", insert instead "each industrial union o r works committee".

(25) Section 96 (Time-sheets and pay-sheets to be kept):

In section 96 (1) (a), after "award", insert “, enterprise agreement".

(26) Section 96A (Power to amend):

In section 96A ( l ) , after "award," where firstly and secondly

occurring, insert "enterprise agreement,".

(27) Section 99 (Illegal strikes):

After section 99 (b), insert :

(c) Any strike by employees bound by a n enterprise agreement.

(28) Section 100 (Penalty for illegal strike):

At the end of the section, insert:

(2) In the event of a n illegal strike occurring in a n enterprise by employees bound by a n enterprise agreement, the commission may order:

(a) if one o r more industrial unions a re parties to the agreement - each such industrial union whose executive o r members a re taking part in o r aiding o r abetting o r have taken part in o r aided o r abetted the strike; o r

Industrial Arbitration (Enterprise Agreements) Amendment 1990

S C H E D U L E 1 - AMENDMENT O F T H E INDUSTRIAL

ARBITRATION ACT 1940 - continued

(b ) if no industrial union is a party to the agreement - each employee who is bound by the agreement and who is taking part o r has taken part in the strike,

t o pay a penalty not exceeding $4,000.

(29)

Section 127 (Appointment and powers of inspectors):

(a)	In section 127 ( l ) , after "force", insert "or in respect of a n enterprise, within the meaning of Part 1 C , that is the subject of a n enterprise agreement".
(b )	In section 127 (1) (a), (b ) and (c), after “industry” wherever occurring, insert ''or enterprise".
(c)	In section 127 ( l ) , after "award" where lastly occurring, insert “, enterprise agreement".

(30)

Section 153B (Construction of this Part):

In section 153B (1) and (3), after "award," wherever occurring, insert "enterprise agreement, industrial".

SCHEDULE 2 - AMENDMENT OF OTHER ACTS

(Sec. 4)

Annual Holidays Act 1944 No. 31

Section 2 (Definitions):

From section 2 ( l ) , omit the definition of "Agreement", insert instead:

"Agreement" means:

(a) an industrial agreement in force under the

Industrial Arbitration Act 1940; o r

(b) a n enterprise agreement registered under that Act.

Long Service Leave Act 1955 No. 38

( 1 ) Section 3 (Definitions):

In section 3 ( l ) , after the definition of "Employer", insert:

Industrial Arbitration (Enterpise Agreements) Amendment 1990

S C H E D U L E 2 - AMENDMENT O F O T H E R ACTS - continued

"Enterprise agreement" means a n enterprise agreement

registered under the Industrial Arbitration Act 1940.

(2)

Section 4 (Long service leave):

(a)	In section 4 (2) (a1) (i), after "Acts" where secondly occurring, insert "or by a n enterprise agreement".
(b)	From section 4 (2) (a1) (i), omit "or industrial agreement", insert instead “, industrial agreement o r enterprise agreement".

( c ) I n section 4 (2) (a1) (iii), after "award", insert “, enterprise

agreement".

(d)	In section 4 (13) (a), at the end of the definition of
"Award", insert

; and

(c) a n enterprise agreement.

(3) Section 5 (Exemptions):

In section 5 (1) (a), after "this Act,", insert "or by a n enterprise agreement,".

Long Service Leave (Metalliferous Mining Industry) Act 1963 No. 4 8

(1) Section 3 (Definitions):

In section 3 ( l ) , after the definition of "Employer", inser t

"Enterprise agreement" means a n enterprise agreement

registered under the Industrial Arbitration Act 1940.

(2)

Section 4 (Long service leave):

(a)	In section 4 (2) (b) (i), after "Acts" where secondly occurring, insert ''or by a n enterprise agreement".
(b)	From section 4 (2) (b ) (i), omit "or industrial agreement", insert instead “, industrial agreement o r enterprise agreement".
(c)	In section 4 (2) (b) (iii), after "award", insert “, enterprise agreement".

Industrial Arbitration (Enterpise Agreements) Amendment 1990

S C H E D U L E 2 -	AMENDMENT O F O T H E R ACTS - continued
(d)	In section 4 (13) (a), at the end of the definition of

"Award", insert:

; and

(c) a n enterprise agreement.

(3) Section 5 (Exemptions):

In section 5 ( 1 ) (a), after "this Act,", insert "or by a n enterprise agreement,".

Employment Protection Act 1982 No. 122

( 1 ) Section 4 (Definitions):

From section 4 ( l ) , omit the definition of "agreement", insert instead:

"agreement" means an agreement within the meaning of

the Principal Act;

(2) Section 14 (Orders of Commission):

In section 1 4 (2) (b) and (3), before "agreement" wherever occurring, insert "industrial".

Essential Services Act 1988 No. 41

Section 5 (Relationship to other Acts etc.):

In section 5 (c), after "award", insert " , enterprise agreement".

Industrial and Commercial Training Act 1989 No. 77

Section 5 (Relationship with Industrial Arbitration Act 1940):

Omit section 5 (b), insert instead:

(b) the provisions of the Industrial Arbitration Act 1940, of any regulation, order o r industrial award made under that Act o r of any industrial agreement o r enterprise agreement registered under that Act,

[Minister's second reading speech made in -

Legislative Assembly on 22 November 1990
Legislative Council on 30 November 1990 a m . ]