Industrial Relations Legislation
Amendment Act 1994
No. 77 of 1994
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENT OF THE INDUSTRIAL RELATIONS ACT 1988
3. Principal Act
4. Repeal of Division 9 of Part VI
PART 3—REPEAL OF THE STEVEDORING INDUSTRY ACTS
(TERMINATION) ACT 1977
5. Principal Act
6. Repeal
PART 4—AMENDMENTS OF THE STEVEDORING INDUSTRY FINANCE
COMMITTEE ACT 1977
7. Principal Act
8. Interpretation
9. Constitution of Committee
TABLE OF PROVISIONS—continued
Section
10. Functions of Committee
11. Powers of Committee
12. Repeal of Parts III and IV
13. Money payable to Committee
14. Repeal of section and substitution of new section:
17. Application of Division 2 of Part XI of the Audit Act
15. Application of money of Committee
16. Repeal of sections 21 and 22
17. Repeal of section and substitution of new section:
23. Deputies
18. Tenure of office
19. Meetings of the Committee
20. Taxation
21. Delegation
22. Repeal of section 30
23. Addition of new section:
32. Expiry of Act
PART 5—AMENDMENTS OF THE STEVEDORING INDUSTRY LEVY ACT 1977
24. Principal Act
25. Imposition of levies
26. Repeal of section 5
27. Person liable
28. Phasing out of general levy
29. Expiry of levy
30. Addition of new section:
13. Expiry of Act
PART 6—AMENDMENTS OF THE STEVEDORING INDUSTRY LEVY COLLECTION ACT 1977
31. Principal Act
32. Interpretation
33. Insertion of new section:
3A. Meaning of “stevedoring employee”
34. Employment in respect of which levy is payable
35. Returns by employers
36. Insertion of new sections:
8A. Information to be furnished by ship’s agent
8B. Offences by ship’s agent
37. Offences relating to returns etc.
38. Access to premises, books etc.
39. Regulations
40. Addition of new section:
12. Expiry of Act
Industrial Relations Legislation
Amendment Act 1994
No. 77 of 1994
An Act to amend the law about industrial relations, and for other purposes
[Assented to 21 June 1994]
The Parliament of Australia enacts:
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Industrial Relations Legislation Amendment Act 1994.
Commencement
2.(1) This Part commences on the day on which this Act receives the Royal Assent.
(2) Part 3 commences on the 28th day after the day on which this Act receives the Royal Assent.
(3) Subject to subsection (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(4) If a provision referred to in subsection (3) does not commence under that subsection within 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.
PART 2—AMENDMENT OF THE INDUSTRIAL RELATIONS ACT 1988
Principal Act
3. In this Part, “Principal Act” means the Industrial Relations Act 19881.
Repeal of Division 9 of Part VI
4. Division 9 of Part VI of the Principal Act is repealed.
PART 3—REPEAL OF THE STEVEDORING INDUSTRY ACTS (TERMINATION)…
Overview
The Industrial Relations Legislation Amendment Act 1994 was enacted to amend several pieces of legislation concerning industrial relations, particularly within the stevedoring industry. This Act was passed by the Parliament of Australia and received Royal Assent on 21 June 1994. The primary aim of the Act is to update and streamline the legal framework governing stevedoring industry relations by making various amendments and repeals to existing laws. It addresses gaps and issues in the Industrial Relations Act 1988, the Stevedoring Industry Acts (Termination) Act 1977, the Stevedoring Industry Finance Committee Act 1977, the Stevedoring Industry Levy Act 1977, and the Stevedoring Industry Levy Collection Act 1977. These changes include updating terminology, adjusting the composition and functions of the Stevedoring Industry Finance Committee, modifying levy impositions, and introducing new provisions regarding the employment of stevedoring employees and the responsibilities of ship’s agents.
Scope and Application
The Industrial Relations Legislation Amendment Act 1994 applies to various acts concerning industrial relations, particularly focusing on the stevedoring industry. This Act amends the Industrial Relations Act 1988 by repealing Division 9 of Part VI, thereby altering the existing industrial relations framework. It also repeals the Stevedoring Industry Acts (Termination) Act 1977, effectively removing the legal basis for the termination of stevedoring industry acts. Furthermore, it amends the Stevedoring Industry Finance Committee Act 1977, altering the constitution, functions, and powers of the Committee, and repealing certain parts of the Act. The Stevedoring Industry Levy Act 1977 and the Stevedoring Industry Levy Collection Act 1977 are also amended to redefine terms such as "stevedoring employee" and to modify the imposition of levies and the responsibilities of employers and ship’s agents. The Act applies nationally across Australia and is subject to further regulation through subordinate instruments.
Key Provisions
- The Industrial Relations Legislation Amendment Act 1994 (the "Act") makes several amendments to existing industrial relations laws. The Act repeals Division 9 of Part VI of the Industrial Relations Act 1988, and the Stevedoring Industry Acts (Termination) Act 1977, and makes amendments to the Stevedoring Industry Finance Committee Act 1977, the Stevedoring Industry Levy Act 1977 and the Stevedoring Industry Levy Collection Act 1977.
- The Act imposes several obligations on the parties it governs. The Stevedoring Industry Finance Committee must make recommendations to the Minister as to when a levy should cease to apply (section 10), and it must pay amounts held for a stevedoring employee's award obligation or long service leave to the employer (section 12). The Committee is also required to distribute any surplus funds in an equitable manner if it is satisfied that all its obligations and liabilities have been discharged (section 32). The Act also requires employers to give their employees a statement setting out particulars of the cargo they loaded or unloaded (section 8A), and ship’s agents must not fail to comply with this requirement or provide false or misleading information (section 8B).
- The Act also imposes penalties for offences. Failure to comply with the requirements to make returns or provide information can result in a penalty of up to 30 penalty units (section 9), and failure to comply with the requirements to give access to premises, books, etc. can result in a penalty of up to 20 penalty units (section 10). The Act also provides that the Committee is not subject to income tax under any law of the Commonwealth, of a State or of a Territory (section 27).
- Finally, the Act provides that if the Stevedoring Industry Finance Committee Act 1977 ceases to have effect under section 32 of that Act, this Act ceases to have effect at the same time (section 13 and 12).
- Area of Law
- Industrial Relations Law
- Employment & Labour Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Offence Provisions
- Reporting & Disclosure Obligations
- Delegation
- Taxation
