Workplace Relations and Other Legislation Amendment Act 1996
Act No. 60 of 1996 as amended
This compilation was prepared on 7 February 2001
taking into account amendments up to Act No. 133 of 1999
Amendments from Act No. 77 of 1996
[Schedule 3 (item 1) amended subsection 2(2);
Schedule 3 (item 2) repealed subsection 2(6);
Schedule 3 (item 3) amended Schedule 10 (item 3 (heading));
Schedule 3 (item 4) amended Schedule 12 (item 1 (heading))
Schedule 3 (items 1 to 4) commenced on 25 November 1996]
Amendments from Act No. 34 of 1997
[Schedule 17 amended Schedule 16 (subparagraph 75(1)(b)(ii))
Schedule 17 commenced on 25 May 1997]
Amendments from Act No. 198 of 1997
[Schedule 1 (item 4) amended Schedule 5 (subitem 50(3))
Schedule 1 (item 4) commenced on 11 December 1997]
Amendments from Act No. 119 of 1999
[Schedule 2 (item 1) added Schedule 5 (paragraph 51(7)(ea));
Schedule 2 (item 2) repealed Schedule 5 (subitem 54(2))
Schedule 2 commenced on 20 October 1999]
Amendments from Act No. 125 of 1999
[Schedule 14 (item 1) repealed and substituted Schedule 16 (item 28);
Schedule 14 (item 2) amended Schedule 16 (item 60)
Schedule 14 commenced on 25 May 1997]
Amendments from Act No. 133 of 1999
[Schedule 1 (item 125) amended Schedule 9 (subitem 2(9))
Schedule 1 (item 125) commenced on 13 April 2000]
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Short title...................................
2 Commencement...............................
3 Schedule(s)..................................
4 Definition...................................
Schedule 1—The principal object of the Workplace Relations Act 1996
Schedule 2—Panels of the Commission
Schedule 3—The Employment Advocate
Part IVA—The Employment Advocate
Division 1—Functions, powers etc. of the Employment Advocate
Division 2—Authorised officers
Division 3—Appointment, conditions of appointment etc. of Employment Advocate
Division 4—Miscellaneous
Schedule 4—Representation rights of organisations of employees
Schedule 5—Awards
Schedule 6—Termination of employment
Schedule 7—Minimum wages, equal remuneration and leave to care for immediate family
Schedule 8—Certified agreements
Part VIB—Certified agreements
Division 1—Preliminary
Division 2—Making agreements with constitutional corporations or the Commonwealth
Division 3—Making agreements about industrial disputes and industrial situations
Division 4—Certifying agreements
Division 5—Effect of certified agreements
Division 6—Persons bound by certified agreements
Division 7—Extending, varying or terminating certified agreements
Division 8—Negotiations for certified agreements etc.
Division 9—Prohibition of coercion in relation to agreements
Division 10—Enforcement and remedies
Division 11—Miscellaneous
Schedule 9—Enterprise flexibility agreements (EFAs)
Schedule 10—Australian workplace agreements (AWAs)
Part VID—Australian workplace agreements (AWAs)
Division 1—Preliminary
Division 2—General rules about AWAs and ancillary documents
Division 3—Making, varying or terminating an AWA
Division 4—Filing AWAs and ancillary documents with Employment Advocate
Division 5—Approval of AWAs and ancillary documents
Division 6—Effect of an AWA
Division 7—Enforcement and remedies
Division 8—Limited immunity for industrial action
Division 9—Miscellaneous
Schedule 11—Consequential amendments relating to certified agreements, AWAs and enterprise flexibility agreements
Schedule 12—Amendments relating to no‑disadvantage test
Part VIE—No‑disadvantage test
Schedule 13—Industrial action
Part VIIIA—Payments in relation to periods of industrial action
Schedule 14—Registered organisations
Division 7A—Withdrawal from amalgamations
Division 11A—Entry and…
Overview
The Workplace Relations and Other Legislation Amendment Act 1996, enacted by the Commonwealth Parliament, addresses several gaps and issues in the existing workplace relations framework. The Act sought to enhance workplace flexibility, improve dispute resolution mechanisms, and ensure fair treatment of employees and employers in various agreements and processes. The principal object of the Act, as outlined in the Workplace Relations Act 1996, is to establish a framework that encourages cooperative workplace relations, protects the rights of employees and employers, and promotes productivity and economic prosperity by enabling more flexible and fair labour practices. This includes provisions for Australian workplace agreements (AWAs), certified agreements, and enterprise flexibility agreements, alongside measures to prevent coercion and discrimination in employment agreements and industrial actions. The Act also introduces the role of the Employment Advocate to assist in the enforcement of these agreements and provides for the transfer of certain judicial functions from the Industrial Relations Court of Australia to the Federal Court of Australia.
Scope and Application
The Workplace Relations and Other Legislation Amendment Act 1996 amends various aspects of workplace relations and labour law in Australia. This Act applies to employers, employees, employee organisations, and employers' organisations, focusing on their rights, obligations, and the processes available to them for resolving disputes. It covers conduct, agreements, and transactions related to employment and industrial relations. The geographic reach of the Act is national, as it pertains to the Commonwealth of Australia, and it impacts both state and federal employment practices. The Act does not explicitly state exclusions or thresholds but implicitly excludes non-employees and those not engaged in employment-related activities. Certain provisions of the Act may be extended or restricted through subordinate instruments, such as regulations or orders issued by the relevant authorities under the Act. The Act aims to create a cooperative and fair framework for workplace relations by enhancing the roles of the Australian Industrial Relations Commission and introducing mechanisms for making and certifying agreements between employers and employees.
Key Provisions
- The Workplace Relations and Other Legislation Amendment Act 1996 (C2004A05064) introduces several key changes to the Workplace Relations Act 1996. Firstly, it establishes an Employment Advocate, whose primary roles include providing advice to both employers and employees, assisting in the filing and approval of Australian workplace agreements (AWAs) and ancillary documents, and investigating breaches of AWAs and contraventions of the Act. Employers and employees must file AWAs and any related documents with the Employment Advocate and the Employment Advocate has the authority to approve these agreements if they meet certain conditions. The Act also sets out detailed requirements for the making, variation, extension, and termination of AWAs, including provisions for filing, approval, and enforcement.
- Secondly, the Act imposes various obligations on the parties it governs. Employers and employees must ensure their AWAs are filed with the Employment Advocate and comply with all relevant conditions. The Employment Advocate has the power to delegate some of their functions to authorised officers, who must carry identification cards and have specific powers to inspect and enforce compliance with the Act. Employers must not discriminate between union and non-union employees during negotiations and must not take any action to coerce employees regarding union membership or industrial action. Employees also have obligations, such as not participating in industrial action without due cause and complying with orders made by the Employment Advocate.
- Thirdly, the Act includes provisions for offences and penalties in the event of non-compliance. For example, falsely representing oneself as an authorised officer or obstructing an authorised officer carries a penalty of imprisonment for 6 months. Similarly, disclosing the identity of parties to an AWA without authorisation also carries a penalty of imprisonment for 6 months. Other offences, such as hindering an authorised officer or contravening an order of the Employment Advocate, carry a maximum penalty of $5,000 for a body corporate or $1,000 for any other case. These penalties are enforced by eligible courts, which can impose fines or other remedies as appropriate. The Act also includes provisions for civil and criminal consequences for breaches, including the potential for courts to issue injunctions or orders for damages.
- Area of Law
- Employment & Labour Law
- Industrial Law
- Instrument
- Amending Act
- Concepts
- Definitions & Interpretation
- Repeal & Amendment
- Enforcement Powers
- Compliance Obligations
- Prohibited Conduct
- Industrial Action
- Conciliation & Arbitration
- Jurisdiction Transfer
