EXPLANATORY STATEMENT
Issued by the authority of the Minister for Employment and Workplace Relations
Workplace Relations Amendment (Work Choices) Act 2005
Subsection 2(1) of the Workplace Relations Amendment (Work Choices) Act 2005 (the Act) provides that Schedules 1, 2 and 5 to the Act commence on a single day to be fixed by proclamation. That provision also provides that Schedule 4, Part 2 will commence at the same time as Schedule 1. However, if any of the provisions of Schedules 1, 2 and 5 do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, subsection 2(1) provides that they commence on the first day after the end of the period.
The Act received the Royal Assent on 14 December 2005 and all the provisions of the Act, other than Schedules 1, 2 and 5 and Part 2 of Schedule 4, commenced on 14 December 2005.
The Proclamation fixes 27 March 2006 as the day on which Schedules 1, 2 and 5 to the Act commence. The commencement date of 27 March 2006 has been chosen to allow for the development of proposed Regulations to support the operation of the Act.
Schedule 1- Main Amendments
This provides the main amendments to the Workplace Relations Act 1996. It includes provisions on the Australian Fair Pay Commission, the Australian Fair Pay and Conditions Standard, Awards, Transmission of Business and Workplace Agreements.
Schedule 2- Transitional Arrangements for State organisations
This provides transitional arrangements for State organisations. The Schedule allows State registered employer and employee associations who have rights under State industrial laws to represent members who are moving into the federal system.
Schedule 4, Part 2- Transitional, application and saving provisions
This provides for transitional, application and saving provisions in relation to the transition from the current workplace relations system to the new Work Choices workplace relations system.
Schedule 5- Renumbering the Workplace Relations Act 1996
This renumbers the provisions in the Workplace Relations Act 1996.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.