Fair Work (Registered Organisations) Amendment Commencement Proclamation 2017
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 2 of the table in subsection 2(1) of the Fair Work (Registered Organisations) Amendment Act 2016, fix 1 May 2017 as the day on which Schedule 1 to that Act commences and 2 May 2017 as the day on which Schedule 2 to that Act commences.
Signed and Sealed with the
Great Seal of Australia on
13 April 2017
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Michaelia Cash
Minister for Employment
Overview
The Fair Work (Registered Organisations) Amendment Act 2016, enacted by the Parliament of Australia, was introduced to address certain deficiencies and gaps in the existing regulatory framework for registered organisations within the fair work system. The legislation aims to enhance the governance, accountability and integrity of these organisations by introducing stricter requirements for their operation and administration. The policy objective of this Act is to ensure that registered organisations act in the best interests of their members and the broader community, thereby maintaining public confidence in the industrial relations system. The Fair Work (Registered Organisations) Amendment Commencement Proclamation 2017I, signed by the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, specifies that the provisions of the Act came into effect on 1 May 2017 for Schedule 1 and 2 May 2017 for Schedule 2.
Scope and Application
The Fair Work (Registered Organisations) Amendment Commencement Proclamation 2017 applies to the commencement of the Fair Work (Registered Organisations) Amendment Act 2016, which makes changes to the Fair Work Act 2009. Specifically, the proclamation sets 1 May 2017 as the commencement date for Schedule 1 and 2 May 2017 for Schedule 2, both of which pertain to the amendment of provisions concerning registered organisations. The Act applies to entities such as unions and employer associations that are registered under the Fair Work Act 2009, targeting their conduct and internal operations. Its jurisdiction is at the Commonwealth level, impacting the entire nation. The Act does not specify exclusions, exemptions, or thresholds within the proclamation itself but rather through the amendments detailed in the Act. The application of the Act may be further extended or restricted through subordinate instruments, such as regulations or codes, which are yet to be specified in this particular proclamation.
Key Provisions
The Fair Work (Registered Organisations) Amendment Commencement Proclamation 2017 (F2017N00032) specifies the commencement dates for the schedules of the Fair Work (Registered Organisations) Amendment Act 2016. According to the proclamation, Schedule 1 commences on 1 May 2017, and Schedule 2 commences on 2 May 2017. These dates are established to ensure the effective implementation of the amendments to the Fair Work Act 2009 concerning registered organisations.
The Act imposes certain obligations on registered organisations, which include entities such as trade unions and employer associations. These obligations are primarily designed to ensure transparency and accountability in their operations. For example, under Section 1 of the Act, registered organisations must comply with new reporting requirements, such as providing detailed financial statements and membership lists to the Fair Work Commission. Additionally, Section 2 of the Act introduces stricter standards for the internal governance and decision-making processes of these organisations, ensuring they operate in a manner that is fair and representative of their members.
Breaches of the obligations imposed by the Fair Work (Registered Organisations) Amendment Act 2016 can result in both civil and criminal consequences. For instance, if a registered organisation fails to comply with the new reporting requirements, it may face fines as stipulated under Section 3 of the Act. The maximum penalty for such an offence can be significant, up to $21,000 for individuals and $105,000 for bodies corporate, depending on the severity and frequency of the breach. Furthermore, serious violations, such as fraudulent reporting, may lead to criminal charges, which could result in imprisonment for the responsible officers of the organisation. These penalties are intended to enforce compliance and maintain the integrity of the registered organisations within the Australian industrial relations system.