Workplace Relations Amendment (Improved Remedies for Unprotected Action) Act 2004 (Cth)

Workplace Relations Amendment (Improved Remedies for Unprotected Action) Act 2004

No. 11, 2004

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

Contents

Workplace Relations Amendment (Improved Remedies for Unprotected Action) Act 2004

No. 11, 2004

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

[Assented to 11 March 2004]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Workplace Relations Amendment (Improved Remedies for Unprotected Action) Act 2004.

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	11 March 2004
2. Schedule 1	A single day to be fixed by Proclamation, subject to subsection (3)	30 April 2004 (Gazette 2004, No. GN17)

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

Workplace Relations Act 1996

1

After subsection 127(3)

Insert:

1. (3A)

   The Commission may make an interim order under this section.

2. (3B)

   An interim order made under subsection (3A) ceases to have effect if the application is determined.

2

Subsection 127(4)

Omit “subsection (1)”, insert “subsections (1) and (3A)”.

3

Subsection 127(5)

After “subsection (1)”, insert “or (3A)”.

4

After subsection 127(5)

Insert:

1. (5A)

   An order under subsection (1) or (3A) does not apply to protected action.

5

Subsection 127(6)

After “subsection (1)”, insert “or (3A)”.

6

At the end of section 127

Add:

1. (8)

   In this section:

protected action means industrial action that is protected action for the purposes of Division 8 of Part VIB.

7

Subsection 170MT(1)

Repeal the subsection.

8

At the end of section 170MT

Add:

Note: Subsection 127(5A) provides that an order under subsection 127(1) or (3A) directing that industrial action stop or not occur does not apply to protected action.

[Minister’s second reading speech made in—

House of Representatives on 26 June 2002

Senate on 11 September 2003]

(146/02)