Workplace Relations Amendment (Genuine Bargaining) Act 2002 (Cth)

Workplace Relations Amendment (Genuine Bargaining) Act 2002

No. 123, 2002

An Act to amend the Workplace Relations Act 1996, and for related purposes

Contents

Workplace Relations Amendment (Genuine Bargaining) Act 2002

No. 123, 2002

An Act to amend the Workplace Relations Act 1996, and for related purposes

[Assented to 6 December 2002]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Workplace Relations Amendment (Genuine Bargaining) Act 2002.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

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 on which this Act receives the Royal Assent	6 December 2002
2. Schedule 1	A day or days to be fixed by Proclamation, subject to subsection (3)	7 February 2003 (Gazette 2003, No. S 34)

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

2. (3)

   If a provision covered by item 2 of the table does not commence within the period of 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.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Bargaining periods

Part 1Amendments

Workplace Relations Act 1996

1A

Subsection 170MI(1) (note)

Omit “170MW(10)”, substitute “170MW(9A) and (10)”.

1AA

After subsection 170MW(2)

Insert:

Note: The issue of whether or not a negotiating party is genuinely trying to reach agreement with the other negotiating parties was considered by Justice Munro in Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Print T1982.

2A

After subsection 170MW(8)

Insert:

1. (8A)

   An application may be made to the Commission for an order under this section for the suspension or termination of whatever bargaining periods apply to:

   1. (a)

      a specified business, or any part of that business; or

   2. (b)

      a specified part of a specified business;

without specifically identifying the bargaining periods. The application has effect as if it were an application for the suspension or termination of the bargaining period, or each of the bargaining periods, that applies to the specified business (or any part of it), or to the specified part of the business, as the case requires.

Note: The other requirements of this section must still be complied with in relation to the application.

1. (8B)

   If subsection (8A) applies to an application, the Commission must satisfy itself as to which bargaining periods the application has effect in relation to.

2B

After subsection 170MW(9)

Insert:

1. (9A)

   An order under subsection (1) suspending the bargaining period may, if the Commission considers it to be in the public interest, contain a declaration that, during some or all of the period while the suspension has effect, a specified negotiating party or employee of the employer:

   1. (a)

      is not allowed to initiate a new bargaining period in relation to specified matters that are dealt with by the proposed agreement; or

   2. (b)

      may initiate such a bargaining period only on conditions specified in the declaration.

2

After section 170MW

Insert:

170MWAPower of Commission in relation to new bargaining periods

1. (1)

   This section applies if a bargaining period (the former bargaining period) in relation to a proposed agreement has ended because a negotiating party (the former negotiating party) has given a notice under paragraph 170MV(b).

2. (2)

   Subject to this section, the Commission may, by order, declare that, during a specified period, a specified former negotiating party or employee of the employer:

   1. (a)

      is not allowed to initiate a new bargaining period in relation to specified matters that were dealt with by the proposed agreement; or

   2. (b)

      may initiate such a bargaining period only on conditions specified in the order.

3. (3)

   The Commission must not make an order under subsection (2) unless:

   1. (a)

      the Commission has given the former negotiating parties an opportunity to be heard; and

   2. (b)

      the Commission considers that it is in the public interest to make the order.

4. (4)

   The Commission may make an order under subsection (2):

   1. (a)

      on application by a former negotiating party; and

   2. (b)

      if, assuming the former bargaining period had not ended, the Commission could make an order under subsection 170MW(1) because a circumstance set out in subsection 170MW(2), (4), (5), (6) or (7) exists or existed.

5. (5)

   The Commission may make an order under subsection (2):

   1. (a)

      on its own initiative, or on application by a former negotiating party; and

   2. (b)

      if, assuming the former bargaining period had not ended, the Commission could make an order under subsection 170MW(1) because a circumstance set out in subsection 170MW(3) exists or existed.

Part 2Application

3A

Application of items 1A, 2A and 2B

The amendments made by items 1A, 2A and 2B apply in relation to a bargaining period that began before, at or after the commencement of those items, even if proceedings for the suspension or termination of the bargaining period were started (but not determined) before that commencement.

3

Application of item 1

The amendment made by item 1 applies in relation to a bargaining period that began before, at or after the commencement of that item.

4

Application of item 2

The amendment made by item 2 applies in relation to a bargaining period that ended before, at or after the commencement of that item.

[Minister’s second reading speech made in—

House of Representatives on 20 February 2002

Senate on 20 August 2002]

(44/02)