Workplace Relations and Other Legislation Amendment Act 1997
No. 198, 1997
Workplace Relations and Other Legislation Amendment Act 1997
No. 198, 1997
An Act to amend the Workplace Relations Act 1996, and for related purposes
Contents
1 Short title..................................1
2 Commencement..............................1
3 Schedule(s).................................2
Schedule 1—Awards and arbitration 3
Workplace Relations Act 1996 3
Workplace Relations and Other Legislation Amendment Act 1996 3
Schedule 2—AWAs and the Employment Advocate 4
Workplace Relations Act 1996 4
Schedule 3—The no-disadvantage test 7
Workplace Relations Act 1996 7
Schedule 4—Termination of employment 9
Workplace Relations Act 1996 9
Schedule 5—Freedom of association 11
Workplace Relations Act 1996 11
Schedule 6—Registered organisations 15
Workplace Relations Act 1996 15
Schedule 7—Matters referred by Victoria 27
Workplace Relations Act 1996 27
Workplace Relations and Other Legislation Amendment Act 1997
No. 198, 1997
An Act to amend the Workplace Relations Act 1996, and for related purposes
[Assented to 11 December 1997]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Workplace Relations and Other Legislation Amendment Act 1997.
2 Commencement
(1) Subject to subsection (2), this Act commences on the day on which it receives the Royal Assent.
(2) Schedule 7 commences on a day to be fixed by Proclamation.
(3) If Schedule 7 does not commence under subsection (2) within the period of 6 months beginning on the day when this Act receives the Royal Assent, it commences on the first day after the end of that period.
3 Schedule(s)
Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Awards and arbitration
Workplace Relations Act 1996
1 Paragraph 143(1A)(b)
Omit “order”, substitute “award”.
2 At the end of section 170MZ
Add:
(8) Part VIII (compliance) applies in relation to awards under subsection 170MX(3) in the same way as it applies to awards as defined in subsection 4(1).
3 At the end of section 170N
Add:
(2) Subsection (1) does not prevent the Commission exercising its arbitration powers to deal with an application to vary an award by making a safety net wage adjustment.
Workplace Relations and Other Legislation Amendment Act 1996
4 Subitem 50(3) of Schedule 5
After “Principal Act”, insert “, or varied under item 49 of this Schedule,”.
Schedule 2—AWAs and the Employment Advocate
Workplace Relations Act 1996
1 At the end of subsection 83BH(3)
Add:
; or (c) a place of business in which the authorised officer has reasonable cause to believe that a breach of Part VID (AWAs) or Part XA (freedom of association) has occurred, is occurring or is likely to occur.
2 Paragraph 83BH(4)(c)
Repeal the paragraph, substitute:
(c) interview any person;
3 Paragraph 83BH(4)(e)
Repeal the paragraph.
4 Subsection 83BH(6)
After “under”, insert “paragraph (4)(d) or”.
Overview
The Workplace Relations and Other Legislation Amendment Act 1997 (No. 198) is an Act passed by the Parliament of Australia to amend the Workplace Relations Act 1996 and address various issues within the Australian workplace relations framework. This legislation seeks to refine and update the existing laws to better regulate workplace relations, ensuring fairness and compliance. The Act encompasses a range of amendments including adjustments to awards, arbitration processes, and the role of the Employment Advocate, alongside modifications to the no-disadvantage test, termination of employment provisions, and freedom of association rights. The amendments are designed to enhance the effectiveness of workplace agreements, protect employees' rights, and streamline processes related to the enforcement and certification of workplace agreements.
Scope and Application
The Workplace Relations and Other Legislation Amendment Act 1997 No. 198 amends the Workplace Relations Act 1996, impacting a range of entities and conduct within the Australian workplace relations framework. This Act applies to employers, employees, workplace agreements, awards, and various other stakeholders in employment relations. It primarily targets the processes surrounding the certification, variation, and enforcement of workplace agreements, as well as the arbitration and administration of awards. The Act also addresses the operations of registered organisations and the mechanisms for amalgamations, mergers, and withdrawals within these organisations. Geographically, the Act operates under the Commonwealth jurisdiction, influencing employment practices and workplace agreements across Australia. Specific exclusions and thresholds are detailed within the various schedules of the Act, which outline amendments to particular sections of the Workplace Relations Act 1996. The application of this Act can be extended or restricted through subordinate instruments, allowing for further regulation and refinement of its provisions.
Key Provisions
- The Workplace Relations and Other Legislation Amendment Act 1997 amends the Workplace Relations Act 1996 in various ways, primarily through seven schedules that address different aspects of workplace relations. Schedule 1 focuses on awards and arbitration, modifying the application of compliance provisions to awards and enabling the Commission to adjust safety net wages. Schedule 2 pertains to Australian Workplace Agreements (AWAs) and the role of the Employment Advocate, expanding the powers of authorised officers to enter workplaces and interview individuals suspected of non-compliance. It also modifies the processes for handling AWA-related documents and determinations. Schedule 3 revises the no-disadvantage test, requiring specific awards or agreements to be considered when determining if an AWA passes the test. Schedule 4 deals with the termination of employment, ensuring state laws protecting employees from harsh terminations remain effective. Schedule 5 addresses freedom of association, including provisions for removing objectionable clauses from awards and agreements and clarifying the scope of independent contractors. Schedule 6 pertains to registered organisations, detailing processes for amalgamations and withdrawals, and protecting members from penalties for certain actions. Lastly, Schedule 7 modifies the provisions regarding successor employers in Victoria, ensuring they are bound by certified agreements under specific conditions.
- The Act imposes several obligations on parties governed by it, including employers and employees, as well as the Employment Advocate and authorised officers. Employers must adhere to the terms of certified agreements and AWAs, ensuring compliance with state laws on employment termination. Authorised officers are granted expanded powers to enter workplaces and interview individuals to enforce compliance with workplace relations laws. The Employment Advocate is tasked with determining appropriate awards for the no-disadvantage test and managing the approval and variation of AWAs. Employees and members of registered organisations have rights and protections under the Act, including the right to be informed about organisational changes and the ability to choose membership in a withdrawing constituent part.
- Breaches of the Act can result in both civil and criminal consequences. For example, employers and employees who fail to comply with the provisions regarding termination of employment may face legal actions from the affected party. Authorised officers who abuse their powers may be subject to disciplinary actions. The Act also specifies penalties for certain actions, such as imposing fines up to $10,000 for bodies corporate and $2,000 for other cases for contravening provisions that protect members from penalties. These penalties underscore the importance of adhering to the legislative requirements and the potential repercussions of non-compliance.
- Area of Law
- Employment & Labour Law
- Corporate Law & Governance
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Enforcement Powers
- Reporting & Disclosure Obligations
