Industrial Relations Amendment Act 2001 (TAS)

Industrial Relations Amendment Act 2001

An Act to amend the Industrial Relations Act 1984

[Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Industrial Relations Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Industrial Relations Act 1984 is referred to as the Principal Act. 4Section 47A insertedBefore section 48 of the Principal Act , the following section is inserted in Division 3: 47AEnforcement of awards and registered agreements after transfer of business (1)  In this section – business includes – (a) undertaking and establishment; and (b) part of a business; former employer means an employer – (a) who transfers a business to another employer; and (b) who, while still an employer in respect of that business, was bound by an award or registered agreement; new employer means a person – (a) to whom a business is transferred from a former employer; and (b) who, as a result of that transfer, employs for the purposes of the transferred business an employee who, before that transfer, was employed by the former employer in respect of that business; transfer, in relation to a business, means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of the business; transferred employee means a person who was an employee of a former employer and who becomes an employee of a new employer due to the transfer of a business to the new employer from the former employer. (2)  If a business is transferred to a new employer from a former employer and an award or registered agreement was binding on the former employer in respect of that business immediately before the transfer – (a) the new employer is bound by that award or registered agreement to the extent that it relates to the business transferred; and (b) the former employer stops being bound by that award or registered agreement to the extent that it relates to the business transferred; and (c) where relevant, a reference in this Act to an employer includes a reference to the new employer and ceases to refer to the former employer. (3)  Subsection (2)(a) does not apply – (a) if a Full Bench of the Commission orders otherwise under subsection (5) ; and (b) to the extent specified in that order. (4)  A new employer, or a person who is negotiating the transfer of a business and would become a new employer on the transfer of that business, may apply to the Commission for an order under subsection (5) . (5)  On receipt by the Commission of an application under subsection (4) , a Full Bench of the Commission may order that the applicant is not, or is not to be, bound by the whole or any part of an award or registered agreement that relates to the whole or part of the business transferred or to be transferred. (6)  For the purposes of making an order under subsection (5) , this Act applies, with necessary modifications and adaptations, as if the application were an application under section 29 in respect of an industrial dispute. 5Section 61N amended (Persons bound by registered enterprise agreement) Section 61N of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "relates; and" and substituting "relates."; (b) by omitting paragraph (c) .

[Second reading presentation speech made in:

House of Assembly on 22 NOVEMBER 2001

Legislative Council on 29 NOVEMBER 2001]