Workplace Relations Amendment (Protection for Emergency Management Volunteers) Act 2003 (Cth)

Workplace Relations Amendment (Protection for Emergency Management Volunteers) Act 2003

No. 76, 2003

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

Contents

Workplace Relations Amendment (Protection for Emergency Management Volunteers) Act 2003

No. 76, 2003

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

[Assented to 15 July 2003]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Workplace Relations Amendment (Protection for Emergency Management Volunteers) Act 2003.

2Commencement

This Act commences on the day after it receives the Royal Assent.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendments

Workplace Relations Act 1996

1

Subsection 170CB(6)

After “conventions”, insert “and recommendation”.

2

At the end of subsection 170CK(1)

Add:

1. ; and (c)

   the Termination of Employment Recommendation, 1982, which the General Conference of the International Labour Organisation adopted on 22 June 1982 and is also known as Recommendation No. 166.

3

Paragraph 170CK(2)(h)

Omit “leave.”, substitute “leave;”.

4

At the end of subsection 170CK(2)

Add:

(i) temporary absence from work because of the carrying out of a voluntary emergency management activity, where the absence is reasonable having regard to all the circumstances.

5

At the end of section 170CK

Add:

1. (5)

   For the purposes of this section, an employee carries out a voluntary emergency management activity if, and only if:

   1. (a)

      the employee carries out an activity that involves dealing with an emergency or natural disaster; and

   2. (b)

      the employee carries out the activity on a voluntary basis; and

   3. (c)

      the employee is a member of, or has a member‑like association with, a recognised emergency management body; and

   4. (d)

      either:

      (i) the employee was requested by or on behalf of the body to carry out the activity; or

      1. (ii)

         no such request was made, but it would be reasonable to expect that, if the circumstances had permitted the making of such a request, it is likely that such a request would have been made.

2. (6)

   For the purposes of paragraph (5)(b), an employee carries out an activity on a voluntary basis even if the employee directly or indirectly takes or agrees to take:

   1. (a)

      an honorarium; or

   2. (b)

      a gratuity; or

   3. (c)

      a similar payment;

wholly or partly for carrying out the activity.

1. (7)

   In this section:

body includes a part of a body.

designated disaster plan means a plan that:

1. (a)

   is for coping with emergencies and/or disasters; and

2. (b)

   is prepared by the Commonwealth, a State or a Territory.

recognised emergency management body means:

1. (a)

   a body that has a role or function under a designated disaster plan; or

2. (b)

   a fire‑fighting, civil defence or rescue body; or

3. (c)

   any other body a substantial purpose of which involves:

   (i) securing the safety of persons or animals in an emergency or natural disaster; or

   1. (ii)

      protecting property in an emergency or natural disaster; or

   2. (iii)

      otherwise responding to an emergency or natural disaster; or

4. (d)

   a body specified in the regulations;

but does not include a body that was established, or is continued in existence, for the purpose, or for purposes that include the purpose, of enabling one or more employees to obtain the protection of subsection (2).

6

Application of amendments

To avoid doubt, the amendments made by this Schedule apply in relation to an employee’s absence even if the whole or a part of the absence occurred before the commencement of this item.

[Minister’s second reading speech made in—

House of Representatives on 6 March 2003

Senate on 26 June 2003]

(21/03)