Workplace Relations Amendment (Tallies) Act 2001

Overview

The Workplace Relations Amendment (Tallies) Act 2001 was enacted by the Parliament of Australia to address issues related to tallies in the meat industry, specifically targeting the practices and regulations around tally payments. This legislation aimed to amend the Workplace Relations Act 1996 by excluding tallies from the definition of incentive-based payments, except for those in the meat industry. Furthermore, the Act mandates the Workplace Relations Commission to review awards that contain clauses on tallies in the meat industry, with the possibility of varying such awards to remove these clauses, provided that the overall employee entitlements are not adversely affected. The Act's policy objective is to modernise workplace practices by reviewing and potentially phasing out tally-based payment systems in the meat industry, while ensuring that workers' rights and compensation are preserved.

Scope and Application

The Workplace Relations Amendment (Tallies) Act 2001 amends the Workplace Relations Act 1996 with respect to tallies, specifically within the meat industry. This legislation applies to awards and agreements regulated under the Workplace Relations Act 1996, targeting clauses that provide for or regulate tallies in the meat industry. The Act mandates the Australian Industrial Relations Commission to review such clauses within 12 months of the Act's commencement and, upon review, to consider variations that eliminate these clauses, ensuring that overall employee entitlements are not reduced unless it is deemed to be in the public interest. The Act has a national reach, applying across Australia as it is a Commonwealth Act. Notably, the Act excludes tallies outside the meat industry and allows for further regulation or modification through subordinate instruments, such as regulations or rules made under the authority of the amended Act.

Key Provisions

The Workplace Relations Amendment (Tallies) Act 2001 introduces specific changes to the Workplace Relations Act 1996 concerning tallies in the meat industry. Section 89A(2)(d) of the Workplace Relations Act 1996 is amended to exclude tallies from the list of incentive-based payments, while inserting a new phrase "incentive-based payments (other than tallies in the meat industry)" at the beginning of the same subsection. This amendment ensures that tallies are specifically differentiated from other forms of incentive-based payments, except in the meat industry. The Act imposes a duty on the Commission to review all awards containing clauses that provide for or regulate tallies in the meat industry. Within 12 months of the Act's commencement, the Commission must conduct this review and, after considering appropriate alternatives, may vary an award to remove such clauses. This obligation is outlined in section 89B(1) of the Act. Additionally, any clauses providing for or regulating tallies in the meat industry cease to have effect at the end of 12 months after the Act's commencement, as stipulated in section 89B(2). The Commission is also authorised to vary any award to remove clauses that have ceased to have effect, as per section 89B(3). Furthermore, if the Commission varies an award under sections 89B(1) or 89B(3), it must ensure that overall entitlements to pay provided by the award are not reduced by that variation, unless it considers it to be in the public interest not to include such provisions, as per section 89B(4). For breaches of the obligations and requirements set out in the Act, there are no specific offences or penalties mentioned in the text. However, the Act does provide that any clause providing for or regulating tallies in the meat industry that is contained in an award ceases to have effect at the end of 12 months after the Act's commencement. This cessation of effect is a significant consequence for any awards containing such clauses, ensuring compliance with the Act's provisions.