Workplace Relations and Other Legislation Amendment Act 1996 (Cth)
This compilation was prepared on 7 February 2001
taking into account amendments up to Act No. 133 of 1999
[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Schedule 3 (item 2) repealed subsection 2(6);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]
[Schedule 17 amended Schedule 16 (subparagraph 75(1)(b)(ii))
Schedule 17 commenced on 25 May 1997]
[Schedule 1 (item 4) amended Schedule 5 (subitem 50(3))
Schedule 1 (item 4) commenced on 11 December 1997]
[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Schedule 2 (item 2) repealed Schedule 5 (subitem 54(2))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]
[Schedule 14 (item 1) repealed and substituted Schedule 16 (item 28);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]
[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
[
This Act may be cited as the
Workplace Relations and Other Legislation Amendment Act 1996 .
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(2) Subject to subsection (3), the items of the Schedules, other than Schedule 5, item 1 of Schedule 9, items 2 and 3 of Schedule 12, item 90 of Schedule 16 and the items of Schedule 19, commence on a day or days to be fixed by Proclamation.
(3) If an item of a Schedule does not commence under subsection (2) 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.
(4) Schedule 5 commences on 1 January 1997.
(5) Item 1 of Schedule 9 is taken to have commenced immediately before item 19 of Schedule 8 commences.
(7) If item 41 of Schedule 5 and item 3 of Schedule 6 commence on the same day, item 3 of Schedule 6 commences immediately after item 41 of Schedule 5.
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
In a Schedule to this Act, unless the contrary intention appears:
Workplace Relations Act means:
(a) so far as the context relates to a time before the day on which this Act receives the Royal Assent—the
Industrial Relations Act 1988 as in force at that time; or(b) otherwise—the
Workplace Relations Act 1996 .Note: Schedule 19 to this Act changes the short title of the
Industrial Relations Act 1988 to theWorkplace Relations Act 1996 .
Repeal the section, substitute:
The principal object of this Act is to provide a framework for cooperative workplace relations which promotes the economic prosperity and welfare of the people of Australia by:
(a) encouraging the pursuit of high employment, improved living standards, low inflation and international competitiveness through higher productivity and a flexible and fair labour market; and
(b) ensuring that the primary responsibility for determining matters affecting the relationship between employers and employees rests with the employer and employees at the workplace or enterprise level; and
(c) enabling employers and employees to choose the most appropriate form of agreement for their particular circumstances, whether or not that form is provided for by this Act; and
(d) providing the means:
(i) for wages and conditions of employment to be determined as far as possible by the agreement of employers and employees at the workplace or enterprise level, upon a foundation of minimum standards; and
(ii) to ensure the maintenance of an effective award safety net of fair and enforceable minimum wages and conditions of employment; and
(e) providing a framework of rights and responsibilities for employers and employees, and their organisations, which supports fair and effective agreement‑making and ensures that they abide by awards and agreements applying to them; and
(f) ensuring freedom of association, including the rights of employees and employers to join an organisation or association of their choice, or not to join an organisation or association; and
(g) ensuring that employee and employer organisations registered under this Act are representative of and accountable to their members, and are able to operate effectively; and
(h) enabling the Commission to prevent and settle industrial disputes as far as possible by conciliation and, where appropriate and within specified limits, by arbitration; and
(i) assisting employees to balance their work and family responsibilities effectively through the development of mutually beneficial work practices with employers; and
(j) respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin; and
(k) assisting in giving effect to Australia’s international obligations in relation to labour standards.
1 Subsection 4(1) (definition of relevant Presidential Member ) Omit “is a member”, substitute “has been given the responsibility by the President for organising and allocating the work”.
Add:
(2) When exercising powers under this section and section 37, the President must have regard to the improved:
(a) efficiency of the Commission; and
(b) cooperation between the Commission and State industrial authorities;
that may be achieved by the Commission’s powers and functions being exercised and performed, in relation to a particular matter, by members of State industrial authorities who hold secondary offices as members of the Commission.
(3) If application is made under section 111AAA for the Commission to cease dealing with the whole or part of an industrial dispute in relation to particular employees, the President must give consideration to arranging for the matter to be heard by a member of a State industrial authority who holds a secondary office as a member of the Commission or, if the application is to be heard by a Full Bench, by a Full Bench which includes such a member.
Repeal the subsections, substitute:
(1) The President may assign an industry or group of industries to a panel of members of the Commission consisting of at least one Presidential Member and at least one Commissioner and, subject to this Act and any direction of the President, the powers of the Commission in relation to that industry (other than powers exercisable by a Full Bench) shall, as far as practicable, be exercised by a member or members of the panel.
(1A) Even though an industry has been assigned to a panel, the President may direct that the powers of the Commission in relation to a particular matter relating to that industry are to be exercised by:
(a) a member of the Commission who is not a member of that panel; or
(b) members of the Commission, some or all of whom are not members of that panel.
(2) If more than one Presidential Member is assigned to a panel, the President must nominate one of the Presidential Members to organise and allocate the work of the panel.
Insert:
authorised officer means an authorised officer appointed under Part IVA.
Employment Advocate means the Employment Advocate referred to in Part IVA.
Insert:
There is to be an Employment Advocate.
(1) The Employment Advocate has the following functions:
(a) providing assistance and advice to employees about their rights and obligations under this Act;
(b) providing assistance and advice to employers (especially employers in small business) about their rights and obligations under this Act;
(c) providing advice to employers and employees, in connection with AWAs, about the relevant award and statutory entitlements and about the relevant provisions of this Act;
(d) performing functions under Part VID, including functions relating to the filing and approval of AWAs and ancillary documents;
(e) investigating alleged breaches of AWAs, alleged contraventions of Part VID and any other complaints relating to AWAs;
(f) investigating contraventions of Part XA;
(g) providing free legal representation to a party in a proceeding under Part VID or Part XA, if the Employment Advocate considers this would promote the enforcement of the provisions of those Parts;
(h) providing aggregated statistical information to the Minister;
(i) any other functions given to the Employment Advocate by this Act or any other Act;
(j) any other functions prescribed by the regulations.
(2) In performing his or her functions, the Employment Advocate must have particular regard to:
(a) the needs of workers in a disadvantaged bargaining position (for example: women, people from a non‑English speaking background, young people, apprentices, trainees and outworkers); and
(b) assisting workers to balance work and family responsibilities; and
(c) promoting better work and management practices through Australian workplace agreements.
(1) The Minister may, by notice published in the
Gazette , give directions specifying the manner in which the Employment Advocate must exercise or perform the powers or functions of Employment Advocate (other than powers or functions relating to the approval of AWAs and ancillary documents).(2) The Employment Advocate must comply with the directions.
(3) A direction by the Minister is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
The staff necessary to assist the Employment Advocate are to be persons appointed or employed under the
Public Service Act 1922 and made available for the purpose by the Secretary to the Department.
(1) The Employment Advocate may, by instrument in writing, delegate any of the Employment Advocate’s powers or functions to:
(a) a person who is appointed or employed by the Commonwealth; or
(b) a person who is appointed or employed by a State or Territory.
(2) The Employment Advocate’s functions under Part VID relating to the approval of AWAs and ancillary documents can only be delegated to a member of the staff referred to in section 83BD.
(3) The Employment Advocate may, by written instrument, delegate a function referred to in paragraph 83BB(a), (b) or (c) to any person.
(4) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Employment Advocate.
(1) As soon as practicable after the end of each financial year, the Employment Advocate must prepare and give to the Minister a report on the operations of the Employment Advocate during that year.
(2) The report must include details of directions given by the Minister during the financial year under section 83BC.
(3) The Minister must cause a copy of the report to be laid before each House of the Parliament.
(1) The Employment Advocate may, by instrument in writing, appoint as an authorised officer:
(a) a person who is appointed or employed by the Commonwealth; or
(b) a person who is appointed or employed by a State or Territory.
(2) In exercising powers or performing functions as an authorised officer, an authorised officer must comply with any directions of the Employment Advocate.
(3) The Employment Advocate must issue to an authorised officer an identity card in the form prescribed by the regulations. The identity card must contain a recent photograph of the authorised officer.
(4) If a person to whom an identity card has been issued ceases to be an authorised officer, the person must immediately return the identity card to the Employment Advocate.
(5) A person must not contravene subsection (4) without a reasonable excuse.
Penalty: 1 penalty unit.
(6) An authorised officer must carry the identity card at all times when exercising powers or performing functions as an authorised officer.
(1) An authorised officer may exercise powers under this section for the following purposes (
compliance purposes ):
(a) for the purpose of ascertaining whether the terms of an AWA have been complied with, or are being complied with;
(b) for the purpose of ascertaining whether the provisions of Part VID or Part XA have been complied with, or are being complied with;
(c) for the purpose of ascertaining whether other provisions of this Act that are prescribed by the regulations have been complied with, or are being complied with.
(2) The powers may be exercised at any time during ordinary working hours or at any other time at which it is necessary to do so for compliance purposes.
(3) An authorised officer may, without force, enter:
(a) a place of business in which the authorised officer has reasonable cause to believe that work to which an AWA applies is being performed or has been performed; or
(b) a place of business in which the authorised officer has reasonable cause to believe that there are documents relevant to compliance purposes.
(4) An authorised officer may do any of the following in a place referred to in subsection (3):
(a) inspect any work, material, machinery, appliance, article or facility;
(b) as prescribed by the regulations, take samples of any goods or substances;
(c) interview any employee;
(d) require a person who has the custody of, or access to, a document to produce the document to the authorised officer within a specified period;
(e) inspect and copy any document produced to the authorised officer.
(5) If a person fails to comply with a requirement under subsection (4) to produce a document, an authorised officer may, by written notice served on the person, require the person to produce the document at a specified place within a specified period (not being less than 14 days).
(6) Where a document is produced to an authorised officer under subsection (5), the authorised officer may:
(a) inspect and copy the document; and
(b) if the authorised officer gives a receipt to the person who produced the document—retain the document for as long as necessary for the purpose of exercising powers or performing functions as an authorised officer.
(7) While an authorised officer retains a document, the authorised officer must permit the document to be inspected and copied, at any reasonable time, by:
(a) the person otherwise entitled to possession of the document; or
(b) a person authorised by the person otherwise entitled to possession of the document.
(8) Before entering a place under this section, an authorised officer must announce that he or she is authorised to enter the place. If the occupier or another person who apparently represents the occupier is present, the authorised officer must produce his or her identity card to that person for inspection.
(9) In this section:
copy , in relation to a document, includes take extracts from the document.
(1) The Employment Advocate is to be appointed by the Governor‑General for a term of up to 5 years.
(2) The Employment Advocate holds office on a full‑time basis.
(1) The Employment Advocate is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Employment Advocate is to be paid the remuneration that is prescribed by the regulations.
(2) The Employment Advocate is to be paid such allowances as are prescribed by the regulations.
(3) This section has effect subject to the
Remuneration Tribunal Act 1973 .
The Employment Advocate must not engage in any paid employment outside the duties of the office without the Minister’s written approval.
(1) Subject to section 87E of the
Public Service Act 1922 , the Employment Advocate has such recreation leave entitlements as are determined by the Remuneration Tribunal.(2) The Minister may grant the Employment Advocate other leave of absence on such terms and conditions as the Minister determines. The terms and conditions may include terms and conditions relating to remuneration.
The Employment Advocate may resign by giving the Governor‑General a signed resignation notice.
The Employment Advocate must give written notice to the Minister of all interests, pecuniary or otherwise, that the Employment Advocate has or acquires and that could conflict with the proper performance of the Employment Advocate’s functions.
(1) The Governor‑General may terminate the appointment of the Employment Advocate for physical or mental incapacity, misbehaviour, incompetence or inefficiency.
(2) The Governor‑General must terminate the appointment of the Employment Advocate if the Employment Advocate does any of the following:
(a) is absent from duty (except on leave of absence) for 14 consecutive days, or for 28 days in any period of 12 months;
(b) becomes bankrupt;
(c) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;
(d) compounds with his or her creditors;
(e) assigns his or her remuneration for the benefit of his or her creditors;
(f) contravenes section 83BN, without a reasonable excuse;
(g) engages in paid employment outside the duties of the office, without the Minister’s written approval.
(3) If the Employment Advocate is:
(a) an eligible employee for the purposes of the
Superannuation Act 1976 ; or(b) a member of the superannuation scheme established by deed under the
Superannuation Act 1990 ;the Governor‑General may, with the consent of the Employment Advocate, retire the Employment Advocate from office on the ground of physical or mental incapacity.
(4) For the purposes of the
Superannuation Act 1976 , the Employment Advocate is taken to have been retired from office on the ground of invalidity if:
(a) the Employment Advocate is removed or retired from office on the ground of physical or mental incapacity; and
(b) the Commonwealth Superannuation Board of Trustees No. 2 gives a certificate under section 54C of the
Superannuation Act 1976 .(5) For the purposes of the
Superannuation Act 1990 , the Employment Advocate is taken to have been retired from office on the ground of invalidity if:
(a) the Employment Advocate is removed or retired from office on the ground of physical or mental incapacity; and
(b) the Commonwealth Superannuation Board of Trustees No. 1 gives a certificate under section 13 of the
Superannuation Act 1990 .
(1) The Minister may appoint a person to act as Employment Advocate:
(a) if there is a vacancy in the office of Employment Advocate, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Employment Advocate is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.
(2) Anything done by or in relation to a person purporting to act under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
The Employment Advocate holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General in writing.
(1) A complementary State law may confer functions and powers on the Employment Advocate or an authorised officer.
(2) In this section:
AWA provisions means this Part, Part VID and the other provisions of this Act so far as they relate to this Part or Part VID.
complementary State law means a law of a State that applies the AWA provisions as a law of the State, with:
(a) the modifications required by the regulations; and
(b) any other modifications permitted by the regulations.
modifications includes additions, omissions and substitutions.
(1) A person (the
entrusted person) must not disclose protected information that the entrusted person knows, or has reasonable grounds to believe, will identify another person (theAWA party ) as being, or having been, a party to an AWA.Penalty: Imprisonment for 6 months.
(2) Each of the following is an exception to the prohibition in subsection (1):
(a) the disclosure is made by the entrusted person in the course of performing functions or duties as an AWA official;
(b) the disclosure is authorised by the regulations;
(c) the disclosure is required or permitted by another Act;
(d) the disclosure is authorised in writing by the AWA party.
(3) For the purposes of determining the burden of proof in proceedings for an offence against subsection (1), the exceptions in subsection (2) are taken to be part of the description of the offence.
(4) In this section:
AWA official means:
(a) the Employment Advocate; or
(b) a delegate of the Employment Advocate; or
(c) an authorised officer.
protected information means information that was acquired by the entrusted person:
(a) in the course of performing functions or duties as an AWA official; or
(b) from an AWA official who disclosed the information as authorised by the regulations.
83BT
Publication of AWAs etc. by Employment Advocate Subject to section 83BS, the Employment Advocate may publish or make available copies of, or extracts from, AWAs or ancillary documents.
Insert:
304A
False representation of appointment as an authorised officer A person must not falsely represent himself or herself to be an authorised officer.
Penalty: Imprisonment for 6 months.
Insert:
A person must not:
(a) intentionally hinder or obstruct a person whom he or she knows is an authorised officer; or
(b) without reasonable excuse, contravene a requirement made by an authorised officer under paragraph 83BH(4)(d) or subsection 83BH(5); or
(c) make a statement (whether orally or in writing) to an authorised officer that the person knows to be false or misleading in a material particular.
Penalty: Imprisonment for 6 months.
Repeal the section.
Omit “202(3)”, substitute “202(6)”.
After “orders”, insert “in relation to a demarcation dispute”.
Note: The heading to section 118A is replaced by the heading “
Orders about representation rights of organisations of employees ”.
Omit “may make an order under subsection (1) in relation to a demarcation dispute only if”, substitute “must not make an order unless”.
Insert:
(1B) The Commission must not make an order unless the Commission is satisfied that:
(a) the conduct, or threatened conduct, of an organisation to which the order would relate, or of an officer, member or employee of the organisation:
(i) is preventing, obstructing or restricting the performance of work; or
(ii) is harming the business of an employer; or
(b) the consequences referred to in subparagraph (a)(i) or (ii):
(i) have ceased, but are likely to recur; or
(ii) are imminent;
as a result of such conduct or threatened conduct.
Repeal the subsection, substitute:
(2) In considering whether to make an order, the Commission must have regard to the wishes of the employees who are affected by the dispute, and, where the Commission considers it appropriate, is also to have regard to:
(a) the effect of any order on the operations (including operating costs, work practices, efficiency and productivity) of an employer who is a party to the dispute or who is a member of an organisation that is a party to the dispute; and
(b) any agreement or understanding of which the Commission becomes aware that deals with the right of an organisation of employees to represent under this Act the industrial interests of a particular class or group of employees; and
(c) the consequences of not making an order for any employer, employees or organisation involved in the dispute; and
(d) any other order made by the Commission, in relation to another demarcation dispute involving the organisation to which the order under this section would relate, that the Commission considers to be relevant.
Note: Under section 135, the Commission may order that a vote of the members of the organisation concerned in the dispute be taken by secret ballot for the purpose of finding out their attitudes to the dispute.
Omit “under subsection (1)”.
Repeal the subsections, substitute:
(5) An organisation to which an order applies must comply with the order.
(6) The Court may, on application by the Minister or a person or organisation affected by an order made under subsection (1), make such orders as it thinks fit to ensure compliance with that order.
Repeal the subsection, substitute:
(6B) A designated Presidential Member may also refuse to consent to an alteration of the eligibility rules of an organisation if he or she:
(a) is satisfied that the alteration would change the effect of any order made by the Commission under section 118A about the right of the organisation to represent under this Act the industrial interests of a particular class or group of employees; and
(b) considers that such a change would give rise to a serious risk of a demarcation dispute which would prevent, obstruct or restrict the performance of work in an industry, or harm the business of an employer.
(6C) Subsections (6A) and (6B) do not limit the grounds on which a Presidential Member may refuse to consent to an alteration of the eligibility rules of an organisation.
Omit “118A(6) or”.
11 Transitional—applications under section 118A of the Workplace Relations Act in respect of which the substantive hearing has not begun (1) This item applies to an application made under section 118A of the Workplace Relations Act but in respect of which the Commission had not begun the substantive hearing before the commencement of this item.
(2) After the commencement of this item, the application has effect as if it were an application made under section 118A of the Workplace Relations Act as amended by this Schedule.
12 Transitional—applications under section 118A of the Workplace Relations Act in respect of which the substantive hearing has begun (1) This item applies to an application made under section 118A of the Workplace Relations Act and in respect of which the Commission had begun the substantive hearing before the commencement of this item.
(2) Despite the amendments made to section 118A of the Workplace Relations Act by this Schedule, that section as in force immediately before the commencement of this item continues to apply in relation to the hearing of the application.
(3) An order made as a result of the hearing of the application has effect as if it had been made under section 118A of the Workplace Relations Act as amended by this Schedule.
13 Transitional—orders under section 118A of the Workplace Relations Act (1) This item applies to an order that was in force under section 118A of the Workplace Relations Act immediately before the commencement of this item.
(2) The order continues in force, after the commencement of this item, as if it had been made under section 118A of the Workplace Relations Act as amended by this Schedule.
Insert:
allowable award matters means the matters covered by subsection 89A(2).
Insert:
exceptional matters order means an order made by the Commission on a matter that is allowed to be included in an industrial dispute because of subsection 89A(7).
3
Subsection 4(1) (definition of paid rates award ) Repeal the definition.
4
Subsection 4(1) (definition of paid rates dispute ) Repeal the definition.
5
Subsection 4(1) (definition of paid rates functions and powers ) Repeal the definition.
Insert:
regular part‑time employee means an employee who:
(a) works less than full‑time ordinary hours; and
(b) has reasonably predictable hours of work; and
(c) receives, on a pro‑rata basis, equivalent pay and conditions to those specified in an award or awards for full‑time employees who do the same kind of work.
Insert:
State employment agreement means an agreement:
(a) between an employer and one or more of the following:
(i) an employee of the employer;
(ii) a trade union; and
(b) that regulates wages and conditions of employment of one or more of the employees; and
(c) that is made under a law of a State that provides for such agreements; and
(d) that prevails over an inconsistent State award.
Repeal the section, substitute:
The objects of this Part are to ensure that:
(a) wages and conditions of employment are protected by a system of enforceable awards established and maintained by the Commission; and
(b) awards act as a safety net of fair minimum wages and conditions of employment; and
(c) awards are simplified and suited to the efficient performance of work according to the needs of particular workplaces or enterprises; and
(d) the Commission’s functions and powers in relation to making and varying awards are performed and exercised in a way that encourages the making of agreements between employers and employees at the workplace or enterprise level.
Insert in Division 1:
88B
Performance of Commission’s functions under this Part (1) The Commission must perform its functions under this Part in a way that furthers the objects of the Act and, in particular, the objects of this Part.
(2) In performing its functions under this Part, the Commission must ensure that a safety net of fair minimum wages and conditions of employment is established and maintained, having regard to the following:
(a) the need to provide fair minimum standards for employees in the context of living standards generally prevailing in the Australian community;
(b) economic factors, including levels of productivity and inflation, and the desirability of attaining a high level of employment;
(c) when adjusting the safety net, the needs of the low paid.
(3) In performing its functions under this Part, the Commission must have regard to the following:
(a) the need for any alterations to wage relativities between awards to be based on skill, responsibility and the conditions under which work is performed;
(b) the need to support training arrangements through appropriate trainee wage provisions;
(c) the need to provide a supported wage system for people with disabilities;
(d) the need to apply the principle of equal pay for work of equal value without discrimination based on sex;
(e) the need to prevent and eliminate discrimination because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
Omit “where necessary”, substitute “as a last resort and within the limits specified in this Act”.
Insert:
Industrial dispute normally limited to allowable award matters
(1) For the following purposes, an industrial dispute is taken to include only matters covered by subsections (2) and (3):
(a) dealing with an industrial dispute by arbitration;
(b) preventing or settling an industrial dispute by making an award or order;
(c) maintaining the settlement of an industrial dispute by varying an award or order.
Allowable award matters
(2) For the purposes of subsection (1) the matters are as follows:
(a) classifications of employees and skill‑based career paths;
(b) ordinary time hours of work and the times within which they are performed, rest breaks, notice periods and variations to working hours;
(c) rates of pay generally (such as hourly rates and annual salaries), rates of pay for juniors, trainees or apprentices, and rates of pay for employees under the supported wage system;
(d) piece rates, tallies and bonuses;
(e) annual leave and leave loadings;
(f) long service leave;
(g) personal/carer’s leave, including sick leave, family leave, bereavement leave, compassionate leave, cultural leave and other like forms of leave;
(h) parental leave, including maternity and adoption leave;
(i) public holidays;
(j) allowances;
(k) loadings for working overtime or for casual or shift work;
(l) penalty rates;
(m) redundancy pay;
(n) notice of termination;
(o) stand‑down provisions;
(p) dispute settling procedures;
(q) jury service;
(r) type of employment, such as full‑time employment, casual employment, regular part‑time employment and shift work;
(s) superannuation;
(t) pay and conditions for outworkers, but only to the extent necessary to ensure that their overall pay and conditions of employment are fair and reasonable in comparison with the pay and conditions of employment specified in a relevant award or awards for employees who perform the same kind of work at an employer’s business or commercial premises.
(3) The Commission’s power to make an award dealing with matters covered by subsection (2) is limited to making a minimum rates award.
Limitations on Commission’s powers
(4) The Commission’s power to make or vary an award in relation to matters covered by paragraph (2)(r) does not include:
(a) the power to limit the number or proportion of employees that an employer may employ in a particular type of employment; or
(b) the power to set maximum or minimum hours of work for regular part‑time employees.
(5) Paragraph (4)(b) does not prevent the Commission from including in an award:
(a) provisions setting a minimum number of consecutive hours that an employer may require a regular part‑time employee to work; or
(b) provisions facilitating a regular pattern in the hours worked by regular part‑time employees.
(6) The Commission may include in an award provisions that are incidental to the matters in subsection (2) and necessary for the effective operation of the award.
Exceptional matters may be included in industrial dispute
(7) Subsection (1) does not exclude a matter (the
exceptional matter ) from an industrial dispute if the Commission is satisfied of all the following:
(a) a party to the dispute has made a genuine attempt to reach agreement on the exceptional matter;
(b) there is no reasonable prospect of agreement being reached on the exceptional matter by conciliation, or further conciliation, by the Commission;
(c) it is appropriate to settle the exceptional matter by arbitration;
(d) the issues involved in the exceptional matter are exceptional issues;
(e) a harsh or unjust outcome would apply if the industrial dispute were not to include the exceptional matter.
Anti‑discrimination clause
(8) Nothing in this section prevents the Commission from including a model anti‑discrimination clause in an award.
Note: A model anti‑discrimination clause was established by the Commission in the Full Bench decision dated 9 October 1995 (print M5600).
Interpretation
(9) In this section,
outworker means an employee who, for the purposes of the business of the employer, performs work at private residential premises or at other premises that are not business or commercial premises of the employer.
Repeal the section.
Repeal the section.
Repeal the section.
Repeal the section, substitute:
95
No automatic flow‑on of terms of certain agreements The Commission does not have power to include terms in an award that are based on the terms of a certified agreement unless the Commission is satisfied that including the terms in the award:
(a) would not be inconsistent with principles established by a Full Bench that apply in relation to determining wages and conditions of employment; and
(b) would not be otherwise contrary to the public interest.
Insert in Division 1:
98A
Commission to avoid technicalities and facilitate fair conduct of proceedings The Commission must perform its functions in a way that avoids unnecessary technicalities and facilitates the fair and practical conduct of any proceedings under this Act.
Repeal the subsection, substitute:
(2) If the Presidential Member does not refer the alleged industrial dispute for conciliation:
(a) the Presidential Member must publish reasons for not doing so; and
(b) the Commission must deal with the alleged industrial dispute by arbitration.
Repeal the section, substitute:
106
Allowable award matters to be dealt with by Full Bench (1) After the commencement of this section, a Full Bench of the Commission may establish principles about the making or varying of awards in relation to each of the allowable award matters.
(2) After such principles (if any) have been established, the power of the Commission to make or vary an award is exercisable only by a Full Bench unless the contents of the award:
(a) give effect to determinations of a Full Bench made after the commencement of this section; or
(b) are consistent with principles established by a Full Bench after the commencement of this section.
(3) The President or a Full Bench may, in relation to the exercise of powers under this section, direct a member of the Commission to provide a report in relation to a specified matter.
(4) After making such investigation (if any) as is necessary, the member must provide a report to the President or Full Bench, as the case may be.
Repeal the subsection.
Repeal the subsection, substitute:
(1) The Minister may apply to the President for a review by a Full Bench of an award or order, or a decision relating to the making of an award or order, made by a member of the Commission if it appears to the Minister that the award, order or decision is contrary to the public interest.
Omit “State arbitrator”, substitute “State industrial authority”.
Repeal the subsections.
Repeal the subsection, substitute:
(1D) The Commission must decide as quickly as it can whether to make an interim award if the Commission considers that such an award may be necessary to protect, for an interim period, the wages and conditions of employment of the employees whom the award would cover.
Repeal the subsections.
Insert:
111AAA
Commission to cease dealing with industrial dispute in certain circumstances (1) If the Commission is satisfied that a State award or State employment agreement governs the wages and conditions of employment of particular employees whose wages and conditions of employment are the subject of an industrial dispute, the Commission must cease dealing with the industrial dispute in relation to those employees, unless the Commission is satisfied that ceasing would not be in the public interest.
(2) In determining the public interest for the purposes of subsection (1), the Commission must give primary consideration to:
(a) the views of the employees referred to in subsection (1); and
(b) the views of the employer or employers of those employees.
(3) The Commission must inform itself as quickly as it can about the views referred to in subsection (2), and may inform itself in such manner as it thinks fit.
(4) In this section:
cease dealing , in relation to an industrial dispute, means:
(a) to dismiss the whole or a part of a matter to which the industrial dispute relates; or
(b) to refrain from further hearing or from determining the industrial dispute or part of the industrial dispute.
Repeal the subsection.
Add:
(2) This section is not limited by subsection 89A(6).
Repeal the subsection, substitute:
(2) The Commission does not have power to vary the award for that purpose unless it is satisfied that the variation:
(a) would only deal with allowable award matters; and
(b) would be a minimum rates award; and
(c) if it included a variation to rates of pay provided in the award, would provide for minimum rates of pay consistent with sections 88A and 88B.
Repeal the subsection.
Repeal the subsection, substitute:
(4) An organisation of employees is entitled to be heard on the application if, and only if:
(a) it is a party to the award; and
(b) it has a member or members whose employment would be regulated by the variation.
Omit “In making an award”, substitute “Subject to section 89A, in making an award”.
Insert:
(1) Each exceptional matters order must relate only to a single matter.
Note 1: An exceptional matters order is an order made by the Commission on a matter that is allowed to be included in an industrial dispute because of subsection 89A(7).
Note 2: Exceptional matters orders are published under section 143, in the same way as other orders of the Commission.
(2) The Commission must not make an exceptional matters order unless the Commission is satisfied that making the order is in the public interest, and consistent with the objects of this Act.
(3) The Commission must not make an exceptional matters order that would apply to more than a single business unless the Commission is satisfied that such an order is an appropriate manner of settling the matter in dispute.
(4) An exceptional matters order must be made by a Full Bench, unless the order relates to a single business (within the meaning of Part VIB).
(5) An exceptional matters order ceases to be in force 2 years after it is made, and cannot be extended.
(1) Before 22 June 1999, a Full Bench must prepare a report for the Minister on the feasibility of replacing junior rates with non‑discriminatory alternatives.
(2) The report must include assessments of:
(a) whether it is desirable to replace junior rates with non‑discriminatory alternatives; and
(b) the consequences for youth employment of abolishing junior rates; and
(c) the utility of junior rates:
(i) for different types of employment; and
(ii) for different industries; and
(iii) in the school‑to‑work transition.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable after the Minister receives it.
(4) In this section,
junior rates means junior rates of pay.
Insert:
127AA
Awards and orders dealing with rights of entry (1) A provision of an award or order that requires or authorises an officer or employee of an organisation:
(a) to enter premises:
(i) occupied by an employer who is bound by the award or order; or
(ii) in which work to which the award or order applies is being carried on; or
(b) to inspect or view any work, material, machinery, appliance, article, document or other thing on such premises; or
(c) to interview an employee on such premises;
is unenforceable.
(2) This section does not apply to an order made under section 285G.
Omit “the Commission may”, substitute:
other than by:
(d) facilitating the entering into of a State employment agreement; or
(e) approving a State employment agreement;
the Commission may
Insert:
(1B) The Commission must, if it considers it appropriate, ensure that a decision or determination covered by subsection (1):
(a) does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level; and
(b) does not prescribe work practices or procedures that restrict or hinder the efficient performance of work; and
(c) does not contain provisions that have the effect of restricting or hindering productivity, having regard to fairness to employees.
(1C) The Commission must ensure that a decision or determination covered by subsection (1):
(a) where appropriate, contains facilitative provisions that allow agreement at the workplace or enterprise level, between employers and employees (including individual employees), on how the award provisions are to apply; and
(b) where appropriate, contains provisions enabling the employment of regular part‑time employees; and
(c) is expressed in plain English and is easy to understand in structure and content; and
(d) does not contain provisions that are obsolete or that need updating; and
(e) where appropriate, provides support to training arrangements through appropriate trainee wages and a supported wage system for people with disabilities; and
(f) does not contain provisions that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
(1D) A decision or determination covered by subsection (1) does not discriminate against an employee for the purposes of paragraph (1C)(f) merely because:
(a) it provides for a junior rate of pay; or
(b) it discriminates, in respect of particular employment, on the basis of the inherent requirements of that employment; or
(c) it discriminates, in respect of employment as a member of the staff of an institution that is conducted in accordance with the teachings or beliefs of a particular religion or creed:
(i) on the basis of those teachings or beliefs; and
(ii) in good faith.
(1E) Paragraph (1D)(a) does not apply to a decision or determination made by the Commission more than 3 years after 22 June 1997, except where the Commission decides, on a case‑by‑case basis, that the paragraph should apply. Decisions by the Commission as to whether the paragraph should apply must be made by the Commission in accordance with principles established by a Full Bench.
Repeal the subsection, substitute:
(2A) The Commission must ensure that a decision or determination covered by subsection (2) is expressed in plain English and is easy to understand in structure and content.
Add “or”.
Omit “or”.
Repeal the paragraph.
Repeal the section.
Add:
(2) If:
(a) but for this subsection, an award would become binding on an employer in respect of an employee at a particular time; and
(b) immediately before that time, the wages and conditions of employment of the employee were regulated by a State employment agreement;
then the award is not binding on any person in respect of the employee, while the wages and conditions of employment of the employee continue to be regulated by the agreement.
(3) If, at a particular time, a State employment agreement that is made after the commencement of this subsection would regulate wages and conditions of employment of an employee but for the fact that an award is binding on an employer in respect of the employee, then:
(a) the award does not prevent the agreement from coming into force and regulating the wages and conditions of employment of the employee; and
(b) while the agreement continues to regulate those wages and conditions, the award is not binding on any person in respect of the employee.
(4) In subsection (3),
award does not include an award made under subsection 170MX(3).(5) Subsections (2) and (3) do not apply to a State employment agreement unless the agreement is one that was approved by a State industrial authority under a State Act that required the authority, before approving the agreement, to be satisfied:
(a) that the employees covered by the agreement are not disadvantaged in comparison to their entitlements under the relevant award; and
(b) that the agreement was genuinely made, or that the agreement was not made under duress or that the agreement was made without coercion; and
(c) that the agreement covers all the employees whom it would be reasonable for the agreement to cover, having regard to matters (if any) specified in the State Act (such as the nature of the work performed under the agreement and the relationship between the employees in the part of the business covered by the agreement and the remainder of the employees in the business).
Repeal the Part.
Omit “$500”, substitute “$5,000 for a body corporate or $1,000 in other cases”.
Omit “$1,000”, substitute “$10,000 for a body corporate or $2,000 in other cases”.
Omit “$500”, substitute “$10,000 for a body corporate or $2,000 in other cases”.
In this Part:
interim period means the period of 18 months beginning on the day on which section 89A of the Principal Act commences.
Principal Act means the Workplace Relations Act.
special consent provisions has the meaning given by item 48.
termination time , in relation to special consent provisions, means the end of the period that is specified in the award under section 147 of the Principal Act.
47
Exercise of Commission’s powers under this Part In exercising its powers under this Part, the Commission is to have regard to the desirability of assisting parties to awards to agree on appropriate variations to their awards, rather than have parts of awards cease to have effect under item 50 at the end of the interim period.
For the purposes of this Part,
special consent provisions are provisions of an award that give effect to a decision of the Commission that is expressed to be made in accordance with one or more of the following principles:
(a) the Enterprise Bargaining Principle adopted by the Commission in the National Wage Case decision of October 1991 (Dec 1150/91, Print K0300);
(b) the Enterprise Awards Principle adopted by the Commission in its Review of the Wage Fixing Principles decision of October 1993 (Dec 1300/93, Print K9700);
(c) Principle 2.2 (Consent Award or Award Variation to Give Effect to an Enterprise Agreement), adopted by the Commission in its Review of the Wage Fixing Principles decision of August 1994 (Dec 1408/94, Print L4700) and incorporated without amendment in wages principles established by the Commission in its Safety Net Adjustment & Section 150A Review decision of October 1995 (Dec 2120/95, Print M5600).
(1) If one or more of the parties to an award apply to the Commission for a variation of the award under this item, the Commission may, during the interim period, vary the award so that it only deals with allowable award matters.
(2) For the purposes of this item, an exceptional matters order is taken to relate wholly to allowable award matters.
(3) Special consent provisions cannot be varied under this item before the termination time for those provisions.
(4) The Commission may only deal with the application by arbitration if it is satisfied that the applicant or applicants have made reasonable attempts to reach agreement with the other parties to the award about how the award should be varied and the treatment of matters that are not allowable award matters.
(5) If:
(a) the award provides for rates of pay that, in the opinion of the Commission:
(i) are not operating as minimum rates; or
(ii) were made on the basis that they were not intended to operate as minimum rates; and
(b) the application under this item seeks to have such rates of pay varied so that they are expressed as minimum rates of pay;
the Commission may vary the award so that it provides for minimum rates of pay consistent with sections 88A and 88B of the Principal Act and the limitation on the Commission’s power in subsection 89A(3) of that Act.
(6) If the Commission varies the award under subitem (5), it must include in the award provisions that ensure that overall entitlements to pay provided by the award are not reduced by that variation, unless the Commission considers that it would be in the public interest not to include such provisions.
(7) The Commission must, if it considers it appropriate, review the award to determine whether or not it meets the following criteria:
(a) it does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level;
(b) it does not prescribe work practices or procedures that restrict or hinder the efficient performance of work;
(c) it does not contain provisions that have the effect of restricting or hindering productivity, having regard to fairness to employees.
(8) The Commission must also review the award to determine whether or not it meets the following criteria:
(a) where appropriate, it contains facilitative provisions that allow agreement at the workplace or enterprise level, between employers and employees (including individual employees), on how the award provisions are to apply;
(b) where appropriate, it contains provisions enabling the employment of regular part‑time employees;
(c) it is expressed in plain English and is easy to understand in both structure and content;
(d) it does not contain provisions that are obsolete or that need updating;
(e) where appropriate, it provides support to training arrangements through appropriate trainee wages and a supported wage system for people with disabilities;
(f) it does not contain provisions that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
(9) If the Commission determines that the award does not meet the criteria set out in subitem (7) or (8), the Commission may take whatever steps it considers appropriate to facilitate the variation of the award so that it does meet those criteria.
50
Parts of awards cease to have effect at the end of the interim period (1) At the end of the interim period, each award ceases to have effect to the extent that it provides for matters other than allowable award matters.
(2) For the purposes of this item, an exceptional matters order is taken to relate wholly to allowable award matters.
(3) For the purposes of this item, an award that is made under subsection 170MX(3) of the Principal Act, or varied under item 49 of this Schedule, is taken to provide wholly for allowable award matters.
(4) If the termination time for special consent provisions is after the end of the interim period, then this item and item 51 apply to the special consent provisions as if a reference to the end of the interim period were instead a reference to the termination time.
51
Variation of awards after the end of the interim period (1) As soon as practicable after the end of the interim period, the Commission must review each award:
(a) that is in force; and
(b) that the Commission is satisfied has been affected by item 50.
(2) The Commission must vary the award to remove provisions that ceased to have effect under item 50.
(3) When varying the award under subitem (2), the Commission may also vary the award so that, in relation to an allowable award matter, the award is expressed in a way that reasonably represents the entitlements of employees in respect of that matter as provided in the award as in force immediately before the end of the interim period.
(4) If, immediately before the end of the interim period, the award provided for rates of pay that, in the opinion of the Commission:
(a) were not operating as minimum rates of pay; or
(b) were made on the basis that they were not intended to operate as minimum rates;
the Commission may vary the award so that it provides for minimum rates of pay consistent with sections 88A and 88B of the Principal Act and the limitation on the Commission’s power in subsection 89A(3) of that Act.
(5) If the Commission varies the award under subitem (4), it must include in the award provisions that ensure that overall entitlements to pay provided by the award are not reduced by that variation, unless the Commission considers that it would be in the public interest not to include such provisions.
(6) The Commission must, if it considers it appropriate, review the award to determine whether or not it meets the following criteria:
(a) it does not include matters of detail or process that are more appropriately dealt with by agreement at the workplace or enterprise level;
(b) it does not prescribe work practices or procedures that restrict or hinder the efficient performance of work;
(c) it does not contain provisions that have the effect of restricting or hindering productivity, having regard to fairness to employees.
(7) The Commission must also review the award to determine whether or not it meets the following criteria:
(a) where appropriate, it contains facilitative provisions that allow agreement at the workplace or enterprise level, between employers and employees (including individual employees), on how the award provisions are to apply;
(b) where appropriate, it contains provisions enabling the employment of regular part‑time employees;
(c) it is expressed in plain English and is easy to understand in both structure and content;
(d) it does not contain provisions that are obsolete or that need updating;
(e) where appropriate, it provides support to training arrangements through appropriate trainee wages and a supported wage system for people with disabilities;
(ea) if it applies to work that is or may be performed by young people—protects the competitive position of young people in the labour market, promotes youth employment, youth skills and community standards and assists in reducing youth unemployment by including, if, on a case‑by‑case basis, the Commission determines it appropriate, junior rates of pay; and
(f) it does not contain provisions that discriminate against an employee because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
(8) If the Commission determines that the award does not meet the criteria set out in subitem (6) or (7), the Commission may take whatever steps it considers appropriate to facilitate the variation of the award so that it does meet those criteria.
(1) If:
(a) a constitutional corporation is bound by an award in respect of an employee; and
(b) the award is varied under subitem 49(1) or wholly or partly ceases to have effect because of item 50; and
(c) as a result of the award being varied, or ceasing to have effect, as mentioned in paragraph (b), the corporation would (apart from this item) become bound by a State award in respect of the employee;
then the corporation is not bound by the State award in relation to the employee unless it becomes bound as a result of an application by the corporation to the relevant State industrial authority.
(2) Subitem (1) does not operate so that a State award, or part of a State award, prevails over an award of the Commission.
(1) After the commencement of this Part, a Full Bench may establish principles about varying awards under this Part.
(2) After such principles (if any) have been established, the power of the Commission to vary an award under this Part is exercisable only by a Full Bench unless the contents of the award:
(a) give effect to determinations of a Full Bench under this Part; or
(b) are consistent with principles established by a Full Bench under this item.
(1) A provision of an award does not discriminate against an employee for the purposes of paragraph 49(8)(f) or 51(7)(f) merely because:
(a) it provides for a junior rate of pay; or
(b) it discriminates, in respect of particular employment, on the basis of the inherent requirements of that employment; or
(c) it discriminates, in respect of employment as a member of the staff of an institution that is conducted in accordance with the teachings or beliefs of a particular religion or creed:
(i) on the basis of those teachings or beliefs; and
(ii) in good faith.
The repeal of subsection 111(1A) of the Principal Act does not apply to any proceedings before the Commission that commenced before the commencement of the repeal.
Add:
(8) If a law of a State (the
relevant State law ) provides that a provision of this Act applies (subject to any necessary modifications to section 170CB) as a law of that State for the purpose of enabling the Commission to perform functions or exercise powers with respect to the termination of employment of employees who are, or who were before the termination, Federal award employees as defined in section 170CD employed in that State:
(a) nothing in this Act affects the operation of the relevant State law; and
(b) the Commission may perform those functions or exercise those powers.
(9) If a law of a State (the
relevant State law ) also provides that a provision of this Act applies (subject to any necessary modifications) as a law of that State for the purpose of enabling the Court to perform functions or exercise powers with respect to the termination of employment of employees who are, or who were before the termination, Federal award employees as defined in section 170CD employed in that State in connection with orders of the Commission to the extent that those orders are made in the exercise of the provisions of this Act as applied by the relevant State law, then:
(a) the Court may perform those functions or exercise those powers in connection with those orders; and
(b) nothing in this Act affects the operation of the relevant State law.
Omit “Where a State law, or an order, award, decision or determination of a State industrial authority,”, substitute “Subject to this section, if a State law or a State award”.
Add:
(1A) If a State law or a State award makes provision in respect of the termination of an employee’s employment, any provision in a Federal award that also makes provision in respect of the termination of employment of the employee is not to be taken to show an intention to cover the field to the exclusion of that State law or State award.
Note: The heading to section 152 is altered by omitting “,
awards etc” and substituting “and State awards ”.
Omit “or an order, award, decision or determination of a State industrial authority”, substitute “or a State award”.
Note: The heading to section 153 is altered by omitting “
orders, awards etc ” and substituting “laws and State awards ”.
5
Subdivisions A, B, C and CA of Division 3 of Part VIA Repeal the Subdivisions, substitute:
(1) The principal object of this Division is:
(a) to establish procedures for conciliation in relation to certain matters relating to the termination or proposed termination of an employee’s employment in certain circumstances; and
(b) to provide, if the conciliation process is unsuccessful, for recourse to arbitration or to a court depending on the grounds on which the conciliation was sought; and
(c) to provide for remedies appropriate to a case where, on arbitration, a termination is found to be harsh, unjust or unreasonable; and
(d) to provide for sanctions where, on recourse to a court, a termination or proposed termination is found to be unlawful; and
(e) by those procedures, remedies and sanctions, and by orders made in the circumstances set out in Subdivisions D and E, to assist in giving effect to the Termination of Employment Convention.
(2) The procedures and remedies referred to in paragraphs (1)(a) and (b), and the manner of deciding on and working out such remedies, are intended to ensure that, in the consideration of an application in respect of a termination of employment, a “fair go all round” is accorded to both the employer and employee concerned.
Note: The expression “fair go all round” was used by Sheldon J in
in re Loty and Holloway v Australian Workers’ Union [1971] AR (NSW) 95.
(1) Subdivision B applies, in so far as it relates to an application to the Commission for relief in relation to the termination of employment of an employee on the ground that that termination was harsh, unjust or unreasonable, if the employee concerned was, before the termination:
(a) a Commonwealth public sector employee; or
(b) a Territory employee; or
(c) a Federal award employee who was employed by a constitutional corporation; or
(d) a Federal award employee who was a waterside worker, maritime employee or flight crew officer, employed in the course of, or in relation to, trade or commerce between Australia and a place outside Australia, between the States, within a Territory, between a State and a Territory, or between 2 Territories.
(2) Subdivision B applies, in so far as it relates to an application to the Commission for relief in relation to the termination of employment of an employee on the ground of a contravention of all or any of sections 170CK, 170CL, 170CM and 170CN, if the employee concerned is an employee in relation to whose termination of employment Subdivision C applies in accordance with this section.
(3) Subdivisions C, D and E apply in relation to the termination of employment of an employee.
(4) Without prejudice to their effect apart from this subsection, Subdivisions C, D and E also apply in relation to the termination of employment of:
(a) a Commonwealth public sector employee; or
(b) a Territory employee; or
(c) an employee who was employed by a constitutional corporation; or
(d) an employee who was a waterside worker, maritime employee or flight crew officer, employed in the course of, or in relation to, trade or commerce between Australia and a place outside Australia, between the States, within a Territory, between a State and a Territory, or between 2 Territories.
(5) Without prejudice to their effect apart from this subsection, Subdivisions C, D and E also apply in relation to the termination of employment of an employee for the purpose of assisting in giving effect to the Termination of Employment Convention.
(6) Without prejudice to its effect apart from this subsection, section 170CK also applies in relation to the termination of employment of an employee for the purpose of giving effect to the conventions referred to in that section.
(1) The regulations may exclude from the operation of specified provisions of this Division specified classes of employees included in any of the following classes:
(a) employees engaged under a contract of employment for a specified period of time or a specified task;
(b) employees serving a period of probation or qualifying period;
(c) employees engaged on a casual basis for a short period;
(d) employees whose terms and conditions of employment are governed by special arrangements providing particular protection in respect of termination of employment either generally or in particular circumstances;
(e) employees in relation to whom the operation of the provisions causes or would cause substantial problems because of:
(i) their particular conditions of employment; or
(ii) the size or nature of the undertakings in which they are employed.
(2) Without limiting, by implication, the class of persons that may be prescribed for the purposes of paragraph (1)(e), the regulations may identify as a class of employees for the purposes of that paragraph employees not employed under award conditions and to whom subsection (3) or (4) applies.
(3) This subsection applies to an employee if:
(a) the employee’s remuneration immediately before the termination of employment was not wholly or partly determined on the basis of commission or piece rates; and
(b) the rate of remuneration applicable to the employee immediately before the termination exceeds a rate specified, or worked out in a manner specified, in the regulations (the
specified rate ).(4) This subsection applies to an employee if:
(a) the employee’s remuneration immediately before the termination of employment was wholly or partly determined on the basis of commission or piece rates; and
(b) in accordance with the regulations, the rate of remuneration that is taken to be applicable to the employee immediately before the termination exceeds the specified rate.
(1) In this Division:
Commonwealth public sector employee means a person in employment:
(a) as an officer or employee of the Australian Public Service; or
(b) by or in the service of a Commonwealth authority; or
(c) by authority of a law of the Commonwealth.
Note: Commonwealth authority is defined in subsection 4(1).
Federal award employee means an employee any of whose terms and conditions of employment are governed by an award, a certified agreement or an AWA.
termination ortermination of employment means termination of employment at the initiative of the employer.
(2) An expression used in Subdivision C, D or E of this Division has the same meaning as in the Termination of Employment Convention.
(3) For the purposes of this Division, an employee is taken to be employed under award conditions if both wages and conditions of employment of the employee are regulated by awards, certified agreements or AWAs, that bind the employer of the employee.
Subdivision B—Application to Commission for relief in respect of termination of employment
170CE
Application to Commission to deal with termination under this Subdivision (1) Subject to subsection (5), an employee whose employment has been terminated by the employer may apply to the Commission for relief in respect of the termination of that employment:
(a) on the ground that the termination was harsh, unjust or unreasonable; or
(b) on the ground of an alleged contravention of section 170CK, 170CL, 170CM or 170CN; or
(c) on any combination of grounds in paragraph (b) or on a ground or grounds in paragraph (b) and the ground in paragraph (a).
(2) Subject to subsection (6), an employee whose employment is proposed to be terminated by the employer may apply to the Commission for relief on the ground of an alleged contravention of section 170CL.
(3) Subject to subsection (6), if:
(a) an employee’s employment has been terminated by the employer; and
(b) a trade union’s rules entitle it to represent the industrial interests of the employee;
the union may, on behalf of the employee, apply to the Commission for relief on the ground or grounds of an alleged contravention of one or more of sections 170CK, 170CM and 170CN.
(4) Subject to subsection (6), if an employee’s employment has been terminated, or is proposed to be terminated, by the employer:
(a) an inspector; or
(b) a trade union:
(i) whose members include the employee; and
(ii) whose rules entitle it to represent the industrial interests of the employee; or
(c) an officer or employee of such a union—if the union’s rules authorise the officer or employee to act on the union’s behalf;
may apply to the Commission for relief on the ground of an alleged contravention of section 170CL.
(5) An application under subsection (1) may not be made:
(a) on the ground referred to in paragraph (1)(a) or on grounds that include that ground—unless, under subsection 170CB(1), Subdivision B applies to that application; or
(b) on a ground referred to in paragraph (1)(b)—unless Subdivision C applies to that application.
(6) An application under subsection (2), (3) or (4) may not be made on a ground referred to in that subsection unless Subdivision C applies to that application.
(7) An application under subsection (1) must be lodged within 21 days after the day on which the termination took effect.
(8) The Commission may accept an application that is lodged out of time if the Commission considers that it would be unfair not to do so.
(9) An application under subsection (1) may be discontinued by the employee in accordance with rules made under section 48. The employee may do so whether or not the employer and the employee have agreed to settle the matter.
(1) When an application is lodged with the Commission, the Commission must attempt to settle the matter to which the application relates by conciliation.
(2) If the Commission is satisfied that all reasonable attempts to settle the matter by conciliation are, or are likely to be, unsuccessful so far as concerns at least one ground of the application, the Commission:
(a) must issue a certificate in writing stating that it is so satisfied in respect of that ground or each such ground; and
(b) must indicate to the parties the Commission’s assessment of the merits of the application in so far as it relates to that ground or to each such ground; and
(c) if the Commission thinks fit, may recommend that the applicant elect not to pursue a ground or grounds of the application (whether or not also recommending other means of resolving the matter).
170CFA
Elections to proceed to arbitration or to begin court proceedings (1) If the certificate given by the Commission under subsection 170CF(2) identifies only the ground referred to in paragraph 170CE(1)(a) as a ground where conciliation is, or is likely to be, unsuccessful, the applicant must elect either to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable or not to proceed.
(2) If the certificate given by the Commission under subsection 170CF(2) identifies only:
(a) the ground referred to in paragraph 170CE(1)(a); and
(b) the ground of an alleged contravention of section 170CM;
as grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect to do either, both, or neither of the following:
(c) to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable;
(d) to begin proceedings in a court of competent jurisdiction for an order under section 170CR in respect of the alleged contravention of section 170CM.
(3) If the certificate given by the Commission under subsection 170CF(2) identifies:
(a) the ground referred to in paragraph 170CE(1)(a); and
(b) a ground or grounds of an alleged contravention of one or more of sections 170CK, 170CL and 170CN;
as grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect to do either or neither of the following:
(c) to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable;
(d) to begin proceedings in the Court for an order under section 170CR in respect of the alleged contravention, or of any one or more of the alleged contraventions.
(4) If the certificate given by the Commission under subsection 170CF(2) identifies only a ground or grounds of an alleged contravention of one or more of sections 170CK, 170CL, 170CM and 170CN as the ground or grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect to do either, both or neither of the following:
(a) so far as concerns an alleged contravention of a section or sections other than section 170CM—to begin proceedings in the Court for an order under section 170CR in respect of the alleged contravention, or of any one or more of the alleged contraventions;
(b) so far as concerns an alleged contravention of section 170CM—to begin proceedings in a court of competent jurisdiction for an order under section 170CR in respect of the alleged contravention.
(5) If the certificate given by the Commission under subsection 170CF(2) identifies:
(a) the ground referred to in paragraph 170CE(1)(a); and
(b) the ground of an alleged contravention of section 170CM; and
(c) a ground or grounds of an alleged contravention of one or more of sections 170CK, 170CL and 170CN;
as grounds where conciliation is, or is likely to be, unsuccessful, the applicant must elect:
(d) to do either or both of the things permitted in subsection (2); or
(e) to do either or both of the things permitted in subsection (4); or
(f) to do none of those things.
(6) An election under subsection (1), (2), (3), (4) or (5) must:
(a) be made in writing; and
(b) be lodged with the Commission not later than 7 days after the day of issue of the certificate by the Commission under subsection 170CF(2) in relation to the application.
(7) If an applicant fails to lodge with the Commission an election under subsection (1), (2), (3), (4) or (5) within the period required under subsection (6), the application concerned is taken to have been discontinued by the applicant at the end of that period for all purposes other than the making of an election out of time in accordance with subsection (8).
(8) The Commission may accept an election that is lodged out of time if the Commission considers that it would be unfair not to do so, and, if the Commission accepts such an election, the original application is taken not to have been discontinued in spite of subsection (7).
(1) If:
(a) the Commission has issued a certificate under subsection 170CF(2) regarding conciliation of an application relating to a termination of employment; and
(b) the applicant has made an election under subsection 170CFA(1), (2), (3) or (5) to proceed to arbitration to determine whether the termination was harsh, unjust or unreasonable;
the Commission may so proceed to arbitrate the matter.
(2) Neither the making of an election under subsection 170CFA(1), (2), (3) or (5) to proceed to arbitration nor the commencement of that arbitration prevents further conciliation of the matter being attempted, or the parties from settling the matter, at any time before an order is made under section 170CH.
(3) In determining, for the purposes of the arbitration, whether a termination was harsh, unjust or unreasonable, the Commission must have regard to:
(a) whether there was a valid reason for the termination related to the capacity or conduct of the employee or to the operational requirements of the employer’s undertaking, establishment or service; and
(b) whether the employee was notified of that reason; and
(c) whether the employee was given an opportunity to respond to any reason related to the capacity or conduct of the employee; and
(d) if the termination related to unsatisfactory performance by the employee—whether the employee had been warned about that unsatisfactory performance before the termination; and
(e) any other matters that the Commission considers relevant.
(1) Subject to this section, the Commission may, on completion of the arbitration, make an order that provides for a remedy of a kind referred to in subsection (3), (4) or (6) if it has determined that the termination was harsh, unjust or unreasonable.
(2) The Commission must not make an order under subsection (1) unless the Commission is satisfied, having regard to all the circumstances of the case including:
(a) the effect of the order on the viability of the employer’s undertaking, establishment or service; and
(b) the length of the employee’s service with the employer; and
(c) the remuneration that the employee would have received, or would have been likely to receive, if the employee’s employment had not been terminated; and
Repeal the section.
Repeal the section, substitute:
(1) The Commonwealth may enter into a contract with a person under which the person is appointed the Administrator.
(2) The terms and conditions of appointment are as set out in the contract.
Repeal the sections.
Omit “Minister” (wherever occurring), substitute “Secretary”.
Omit “Executive Officer” (wherever occurring), substitute “Administrator”.
Note: The heading to section 8L is altered by omitting “
Executive Officer ” and substituting “Administrator ”.
Repeal the subsection.
Repeal the Parts.
Omit “The”, substitute “Subject to subsection (3), the”.
Omit “Executive Officer” (wherever occurring), substitute “Administrator”.
Add:
(3) The Administrator must not appoint an officer or engage an employee without the Secretary’s approval.
Omit “sub‑section (2)”, substitute “subsections (2) and (3)”.
Add:
(3) The Authority must pay to the Commonwealth any money that the Authority receives:
(a) as payments of amounts owed to the Authority; or
(b) from disposal of the Authority’s assets.
After “Minister”, insert “, or an officer of the Department authorised by the Minister”.
Omit “or receipt”.
Omit “$50,000”, substitute “$5,000”.
Omit “for a period exceeding 10 years”.
Add:
; or (c) enter into a contract involving the disposal of real property.
Repeal the section.
Repeal the section, substitute:
52
Delegation of Administrator’s functions and powers The Secretary may, by signed instrument, delegate to an officer of the Department all or any of the Administrator’s functions and powers under this Act.
Repeal the sections.
Omit “College and at each of the Trade Union Training Centres”, substitute “Australian Trade Union Training College, and at each of the Trade Union Training Centres, formerly established under this Act”.
Part 2—Transitional provision relating to the amendments
Any engagement, arrangement or contract entered into by or on behalf of the Authority and in force immediately before the commencement of this Part has effect on and after that commencement as if any reference in it to:
(a) the Executive Officer; or
(b) the Chairperson of the Executive Council of the Authority;
were (except in relation to matters that occurred before that day) a reference to the Administrator.
Repeal the Act.
Part 4—Transitional provisions relating to the repeal
In this Part, unless the contrary intention appears:
commencing day means the day on which this Part comes into operation.
(1) Any rights, property or assets that immediately before the commencing day were vested in the Authority are vested in the Commonwealth on the commencing day.
(2) On the commencing day, the Commonwealth becomes liable to pay and to discharge any debts, liabilities or obligations of the Authority that existed immediately before that day.
(1) Subject to subitem (2), any engagement, arrangement or contract entered into by or on behalf of the Authority and in force immediately before the commencing day continues in force despite the repeal of the
Trade Union Training Authority Act 1975 .(2) This item does not apply to an engagement, arrangement or contract that constitutes a contract of employment or a contract for services.
(3) An engagement, arrangement or contract that continues in force under subsection (1) has effect on and after the commencing day as if:
(a) any reference in it to the Authority were (except in relation to matters that occurred before that day) a reference to the Commonwealth; and
(b) any reference in it to the Administrator, the Executive Officer or the Chairperson of the Executive Council of the Authority were (except in relation to matters that occurred before that day) a reference to the Minister or a person authorised by the Minister.
(1) An instrument or a document that was made, executed or given because of, or for a purpose connected with or arising out of, the operation of this Part is not liable to stamp duty or other tax under a law of the Commonwealth or of a State or Territory if the document has been certified under subsection (2).
(2) The Secretary, or an officer of the Department authorised by the Secretary for the purpose, may certify that an instrument or document was made, executed or given because of, or for a purpose connected with or arising out of, the operation of this Part.
As soon as practicable after the commencing day, the Minister must cause to be prepared:
(a) a report of the Authority’s operations during the period that started at the end of the last period in respect of which a report of the operations of the Authority were furnished to the Minister and that ended immediately before the commencing day; and
(b) financial statements in respect of that period in such form as the Minister for Finance approves.
(1) The Minister must cause the financial statements prepared in accordance with item 39 to be given to the Auditor‑General.
(2) The Auditor‑General must report to the Minister:
(a) whether, in the Auditor‑General’s opinion, the statements are based on proper accounts and records; and
(b) whether the statements are in agreement with the accounts and records and, in the Auditor‑General’s opinion, show fairly the financial transactions and the state of the affairs of the Authority; and
(c) whether, in the Auditor‑General’s opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets, by the Authority during the period to which the statements relate have been in accordance with the
Trade Union Training Authority Act 1975 ; and(d) as to such other matters arising out of the statements as the Auditor‑General thinks should be reported to the Minister.
41
Reports and financial statements to be laid before Parliament The Minister must cause copies of the report and financial statements referred to in item 39, together with a copy of the Auditor‑General’s report under item 40, to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives the Auditor‑General’s report.
(1) This item applies if, by an Act, money has been appropriated before the commencing day for expenditure by the Authority under the
Trade Union Training Authority Act 1975 in the financial year in which the commencing day occurs.(2) So much of that money as has not been expended before the commencing day is appropriated for expenditure in that year by the Department:
(a) in the discharge of the liability imposed upon the Commonwealth by subitem 36(2); and
(b) in the making of payments required to be made under the engagements, arrangements and contracts referred to in item 37; and
(c) in the discharge of costs, expenses and other obligations incurred in the performance by the Department of functions that could have been performed by the Authority if the
Trade Union Training Authority Act 1975 had not been repealed; and(d) in the payment of expenses associated with termination payments for persons who held offices or positions under, or who were employed under, the
Trade Union Training Authority Act 1975 .
Part 1—Amendment of the short title of the Industrial Relations Act 1988
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Administrative Decisions (Judicial Review) Act 1977
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
4
Subsection 3(1) (paragraph (a) of the definition of trade union ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.Note: The heading to section 39D is altered by omitting “
Industrial Relations Act ” and substituting “Workplace Relations Act 1996 ”.
Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986
7
Section 3 (paragraph (a) of the definition of award ) Omit “Industrial Relations Act”, substitute “Workplace Relations Act”.
Omit “Industrial Relations Act”, substitute “Workplace Relations Act”.
9
Section 3 (definition of Industrial Relations Act ) Repeal the definition.
Insert:
Workplace Relations Act means theWorkplace Relations Act 1996 .
11
Section 3 (subparagraph (b)(i) of the definition of non‑registered association ) Omit “Industrial Relations Act”, substitute “Workplace Relations Act”.
Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.Note: The heading to section 8F is altered by omitting “
Industrial Relations Act 1988 ” and substituting “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.Note: The heading to section 8F is altered by omitting “
Industrial Relations Act 1988 ” and substituting “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
15
Subsection 287(1) (definition of registered industrial organisation ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
16 Section 85ZL (subparagraph (c)(ii) of the definition of Commonwealth authority ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
18 Subsection 4(1) (definition of registered organisation ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.Note: The heading to section 20 is altered by omitting “
Industrial Relations Act ” and substituting “Workplace Relations Act 1996 ”.
19 Subsection 27A(1) (paragraph (c) of the definition of registered organization ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.20 Subsection 116E(1) (paragraph (c) of the definition of registered organization ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
21 Subsection 3(1) (paragraph (e) of the definition of insurance business ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
22 Subsection 3(1) (paragraph (e) of the definition of insurance business ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Long Service Leave (Commonwealth Employees) Act 1976
Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.
27
Subsection 15(4) (definition of maritime employee ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
28 Section 52 (paragraph (a) of the definition of trade union ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.Merit Protection (Australian Government Employees) Act 1984
Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
33 Section 135, paragraph 138(2)(b) and section 292 Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.Note: The heading to section 53 is altered by omitting “
Industrial Relations Act ” and substituting “Workplace Relations Act 1996 ”.
Occupational Health and Safety (Commonwealth Employment) Act 1991
35
Subsection 5(1) (definition of reviewing authority ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Occupational Health and Safety (Maritime Industry) Act 1993
36
Section 4 (paragraph (a) of the definition of registered union ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
37 Subsection 3(1) (paragraph(c) of the definition of registered organisation ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
38 Clause 2 of Schedule 7 (paragraph (a) of the definition of registered union ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
39 Subsection 7(1) (paragraph (a) of the definition of industrial award ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
41
Section 82C (definition of State industrial authority ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 as amended by Part 3”, substitute “Workplace Relations Act 1996 ”.
Seafarers Rehabilitation and Compensation Act 1992
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
44
Subsection 78(7) (definition of certified agreement ) Repeal the definition.
Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.Note: The heading to section 5 is altered by omitting “
Industrial Relations Act ” and substituting “Workplace Relations Act 1996 ”.
46 Subsection 4(1) (definition of registered organization ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.Note: The heading to section 19 is altered by omitting “
Industrial Relations Act 1988 ” and substituting “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
States Grants (Tertiary Education Assistance) Act 1984
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
49 Subsection 51(2BB) (paragraph (a) of the definition of approved organisation ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.Superannuation Guarantee (Administration) Act 1992
Omit “
Industrial Relations Act 1988 ” (wherever occurring), substitute “Workplace Relations Act 1996 ”.
51 Section 10 (paragraph (c) of the definition of registered organisation ) Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
United States Naval Communication Station (Civilian Employees) Act 1968
Omit “
Industrial Relations Act 1988 ”, substitute “Workplace Relations Act 1996 ”.
Omit “
the prevention and settlement of certain industrial disputes ”, substitute “workplace relations ”.
2
Subsection 4(1) (at the end of the definition of employee ) Add “, but does not include a person who is undertaking a vocational placement”.
3
Subsection 4(1) (at the end of paragraph (a) of the definition of magistrate’s court ) Add “or”.
4
Subsection 4(1) (paragraph (b) of the definition of magistrate’s court ) Omit “or” (last occurring).
5
Subsection 4(1) (paragraph (c) of the definition of magistrate’s court ) Repeal the paragraph.
Repeal the definition, substitute:
Vice President means a Vice President of the Commission.
Insert:
vocational placement means a placement that is:
(a) undertaken with an employer for which a person is not entitled to be paid any remuneration; and
(b) undertaken as a requirement of an education or training course; and
(c) authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory.
Omit all the words after “may appoint”, substitute “a person who is qualified to be appointed as the President to act in that office”.
Repeal the subsections.
Repeal the subsection, substitute:
(3) For the purpose of subsection (1) only, a person is not disqualified from appointment as the President merely because the person has reached the age of 65.
Add:
(3) For the purpose of subsection (1) only, a person is not disqualified from appointment as a Vice President merely because the person has reached the age of 65.
Repeal the paragraph, substitute:
(a) a Vice President; and
Add:
or (C) has contravened a recommendation of the Commission under section 111AA;
Insert:
(1) If:
(a) the Commission is exercising powers of conciliation in relation to a particular matter; and
(b) all the parties request the Commission to conduct a hearing and make recommendations about particular aspects of the matter on which they are unable to reach agreement (which may be all aspects of the matter); and
(c) the Commission is satisfied that all the parties:
(i) have made a genuine attempt to agree about those aspects of the matter; and
(ii) have agreed to comply with the Commission’s recommendations;
the Commission must conduct a hearing and make recommendations about those aspects of the matter.
(2) This section does not prevent the Commission from making recommendations in other circumstances.
Repeal the section.
Omit “$500 or imprisonment for 6 months, or both”, substitute “Imprisonment for 6 months”.
Repeal the penalty, substitute:
Penalty: Imprisonment for 6 months.
Repeal the section.
Omit “a penalty under section 170EF, 178 or 311”, substitute “a monetary penalty under this Act (other than a penalty for an offence)”.
Repeal the paragraphs, substitute:
(a) imposed a monetary penalty under this Act (other than a penalty for an offence); or
Add “or”.
Repeal the paragraph.
0
0
0