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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Building
and Construction Industry Improvement (Consequential and Transitional) Bill
2003
No. ,
2003
(Employment and Workplace
Relations)
A Bill for an Act to deal with
matters consequential on the enactment of the Building and Construction
Industry Improvement Act 2003, and for related purposes
Contents
Administrative Decisions (Judicial Review) Act
1977 26
Builders Labourers’ Federation (Cancellation of
Registration—Consequential Provisions) Act
1986 26
Christmas Island Act
1958 26
Cocos (Keeling) Islands Act
1955 27
Jurisdiction of Courts (Cross-vesting) Act
1987 28
Naval Defence Act
1910 28
Northern Territory (Self-Government) Act
1978 28
Seat of Government (Administration) Act
1910 29
A Bill for an Act to deal with matters consequential on
the enactment of the Building and Construction Industry Improvement Act
2003, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Building and Construction Industry
Improvement (Consequential and Transitional) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 10 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Section 11 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
|
3. Section 12 |
The day on which this Act receives the Royal Assent. |
|
|
4. Schedule 1 |
A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
|
5. Schedule 2 |
A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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 this Part, unless the contrary intention appears:
AIRC means the Australian Industrial Relations
Commission.
BCII Act means the Building and Construction Industry
Improvement Act 2003.
Workplace Relations Act means the Workplace Relations Act
1996.
Application of Part 1
(1) Part 1 of Chapter 5 of the BCII Act applies in relation
to:
(a) an industrial dispute that the AIRC began to deal with before the
commencement of that Part; and
(b) an industrial dispute that the AIRC begins to deal with after the
commencement of that Part.
Review of awards
(2) Within 12 months after the commencement of Part 1, the AIRC must
review all awards for the purpose of determining whether the awards contain
excluded provisions. The AIRC may review awards for this purpose at the same
time as it reviews them for other purposes.
(3) The AIRC may, after considering appropriate alternatives, vary an
award to remove excluded provisions.
(4) Any excluded provision ceases to have effect at the end of 12 months
after the commencement of Part 1. After the end of that period, the AIRC
may vary any award to remove any excluded provisions.
(5) In this section:
commencement of Part 1 means the commencement of
Part 1 of Chapter 5 of the BCII Act.
excluded provision means a provision that is contained in an
award and that may no longer be included in the award because of Part 1 of
Chapter 5 of the BCII Act.
(1) Sections 53 and 54 of the BCII Act apply to agreements made at
any time, whether before or after the commencement of those sections.
(2) Sections 55 and 56 of the BCII Act apply to agreements made after
the commencement of those sections.
(3) Section 57 of the BCII Act applies to agreements made at any
time, whether before or after the commencement of that section.
(4) Section 58 of the BCII Act applies to agreements made after the
commencement of that section.
(5) Section 59 of the BCII Act applies to agreements made after the
28th day after the date of commencement of that section.
(6) Section 60 of the BCII Act applies to agreements made at any
time, whether before or after the commencement of that section.
(7) Section 62 of the BCII Act applies to any hearing that is being
held by the AIRC after the commencement of that section, whether the relevant
application was made before or after the commencement of that section.
(8) Section 63 of the BCII Act applies to agreements made after the
commencement of that section.
(9) Section 64 of the BCII Act applies to notices given after the
28th day after the date of commencement of that section.
(10) Section 67 of the BCII Act applies to pattern bargaining engaged
in, or proposed to be engaged in, after the commencement of that
section.
(11) During the period of 3 years after the commencement of
section 68 of the BCII Act, that section does not apply to an agreement
that was made under a State industrial law before the commencement of that
section.
(12) Section 69 of the BCII Act applies to awards, certified
agreements and other industrial instruments, and to any other agreements or
arrangements, made or entered into at any time, whether before or after the
commencement of that section.
(13) Section 70 of the BCII Act applies to awards and certified
agreements made at any time, whether before or after the commencement of that
section.
(14) Section 71 of the BCII Act applies to any breach of an award,
order or agreement that occurs after the commencement of that section, whether
the award, order or agreement was made before or after the commencement of that
section.
(1) Section 74 of the BCII Act applies to building industrial action
that occurs after the commencement of that section (whether or not the action
began before the commencement of that section).
(2) Section 76 of the BCII Act applies to building industrial action
that comes to an end after commencement of that section (whether or not the
action began before the commencement of that section).
(3) Sections 77, 78, 79 and 80 of the BCII Act apply to building
industrial action that occurs after the commencement of those sections (whether
or not the action began before the commencement of those sections).
(4) Section 81 of the BCII Act applies to building industrial action
for which the notified day referred to in that section occurs after the date of
commencement of that section.
(5) Section 82 of the BCII Act applies to building industrial action
that occurs after the 14th day after the date of commencement of that section
(whether or not the action began before that 14th day or before the commencement
of that section).
(6) Section 83 (other than subsection (4)) of the BCII Act
applies to building industrial action that occurs after the commencement of that
section (whether or not the action began before the commencement of that
section).
(7) Subsection 83(4) of the BCII Act applies to building industrial action
that occurs after the 14th day after the date of commencement of that
subsection (whether or not the action began before that 14th day or before
the commencement of that subsection).
(8) Section 84 of the BCII Act applies to organising that occurs
after the commencement of that section (whether or not the organising began
before the commencement of that section).
(9) Sections 136 and 137 of the BCII Act apply to building industrial
action that occurs after the commencement of those sections (whether or not the
action began before the commencement of those sections).
(10) Section 139 of the BCII Act applies where the relevant conduct
occurs after commencement of that section. For this purpose, relevant
conduct means the conduct referred to in section 166A of the
Workplace Relations Act.
(11) Section 140 of the BCII Act applies to building industrial
action that begins after commencement of that section.
Section 176 of the BCII Act applies to contracts entered into at any
time, whether before or after the commencement of that section.
(1) Section 211 of the BCII Act applies to any financial year that
ends after the commencement of that section.
(2) Section 217 of the BCII Act, so far as it applies because of
paragraph (1)(a) of that section, applies to contraventions after the
commencement of that section.
(3) Section 217 of the BCII Act, so far as it applies because of
paragraph (1)(b) of that section, applies to disqualifications that occur
after the commencement of that section, but does not apply to disqualifications
resulting from conduct that occurred before the commencement of that
section.
(4) Section 218 of the BCII Act applies where the designated
transaction referred to in that section is or was entered into at any time,
whether before or after the commencement of that section.
(1) Chapter 11 of the BCII Act applies to any demarcation dispute
that exists after the commencement of that Chapter (whether or not the dispute
began before the commencement of that Chapter).
(2) If, on the commencement of Chapter 11 of the BCII Act, an order
of the AIRC under section 133 of Schedule 1B to the Workplace
Relations Act is in force and applies to a building organisation (whether or not
it also applies to any other organisation), then subsection 133(2) of
Schedule 1B to the Workplace Relations Act has effect in relation to that
order as if that subsection included a reference to the ABC Commissioner (as one
of the persons able to apply for a variation of the order).
ABC Commissioner entitled to custody of certain original records of the
Building Industry Royal Commission
(1) The ABC Commissioner is, by force of this section, entitled to the
custody of records that:
(a) are deemed, by subsection 22(2) of the Archives Act 1983, to be
Commonwealth records for the purposes of that Act; and
(b) are documents or things that were produced to the Building Industry
Royal Commission;
as if a direction to that effect were in force under subsection 22(3) of
the Archives Act 1983 at all times after the commencement of this
section.
Note: This subsection applies to documents or things that
were actually produced to the Building Industry Royal Commission. For the
obligation to provide the ABC Commissioner with electronic copies of such
documents or things, see subsection (4).
(2) The Commonwealth must ensure that the records to which
subsection (1) applies are provided or made available to the ABC
Commissioner as soon as practicable after the commencement of this
section.
(3) If the ABC Commissioner obtains custody of a record under this
section:
(a) while the ABC Commissioner retains custody of the record, the ABC
Commissioner must ensure that the record is looked after in a manner agreed
between the ABC Commissioner and the Director-General; and
(b) if the record is owned by a person other than the Commonwealth, the
ABC Commissioner may return the record to that person; and
(c) if the ABC Commissioner returns the record to its owner as mentioned
in paragraph (b), the ABC Commissioner must give the Director-General a
copy of the record; and
(d) subject to paragraph (b), the ABC Commissioner must transfer
custody of the record to the Director-General as soon as practicable after the
ABC Commissioner no longer needs the record, and in any case not later than 5
years after the commencement of this section.
ABC Commissioner to be provided with electronic copies of certain
records of the Building Industry Royal Commission
(4) If:
(a) the Commonwealth has an electronic version of a document or thing that
was produced to the Building Industry Royal Commission (whether or not
subsection (1) applies to the document or thing itself); and
(b) the electronic version is deemed, by subsection 22(2) of the
Archives Act 1983, to be a Commonwealth record for the purposes of that
Act;
the Commonwealth must ensure that an electronic copy of that electronic
version, and of any associated objective coding data, is provided or made
available to the ABC Commissioner as soon as practicable after the commencement
of this section.
Regulations may provide for ABC Commissioner’s access to other
records of the Building Industry Royal Commission
(5) The regulations may provide for the ABC Commissioner to have access to
other records of, or relating to, the Building Industry Royal Commission (being
records in the possession of the Commonwealth), including by:
(a) providing that the ABC Commissioner is entitled to the custody of such
records; or
(b) requiring such records, or electronic copies of such records (with or
without objective coding data), to be provided or made available to the ABC
Commissioner.
Status of the transferred records
(6) The transferred records are taken:
(a) to have been disclosed or given to the ABC Commissioner for the
purposes of any of the ABC Commissioner’s functions and powers;
and
(b) to have the status of protected information for the
purposes of section 242 of the BCII Act.
(7) The ABC Commissioner may retain possession of a record of which the
ABC Commissioner is entitled to custody under subsection (1) for so long as
the ABC Commissioner considers it desirable to do so for the purposes of any of
the ABC Commissioner’s functions and powers, despite any request from the
owner of the record for the return of the record.
Section 6DD of the Royal Commissions Act 1902 continues to apply to
the transferred records
(8) Nothing in this section affects the operation of section 6DD of
the Royal Commissions Act 1902 in relation to the transferred
records.
Note: Section 6DD of the Royal Commissions Act
1902 limits the admissibility in proceedings against a person of statements
or disclosures made by the person to a Royal Commission, or of the fact that the
person produced a document or thing to a Royal Commission.
No loss of legal professional privilege
(9) A transferred record, or material in or referred to in a transferred
record, does not cease to be the subject of legal professional privilege merely
because:
(a) the ABC Commissioner is entitled to the custody of the record under
subsection (1), or under regulations made for the purposes of
subsection (5); or
(b) the record, or an electronic copy of the record, is provided or made
available to the ABC Commissioner under subsection (2) or (4), or under
regulations made for the purposes of subsection (5).
(10) In this section:
ABC Commissioner has the same meaning as in the BCII
Act.
Building Industry Royal Commission means the Royal Commission
that was commissioned, by Letters Patent dated 29 August 2001 as extended
by Letters Patent dated 5 December 2002 and 23 January 2003, to
inquire into certain matters relating to the building and construction
industry.
Director-General has the same meaning as in the Archives
Act 1983.
record has the same meaning as in the Archives Act
1983.
transferred record means:
(a) a record that the ABC Commissioner has custody of:
(i) under subsection (1); or
(ii) under regulations made for the purposes of subsection (5);
or
(b) an electronic copy of a document or thing provided or made available
to the ABC Commissioner:
(i) under subsection (4); or
(ii) under regulations made for the purposes of
subsection (5).
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
1 Subsection 4(1)
Insert:
ABC Commissioner means the ABC Commissioner holding office
under the Building and Construction Industry Improvement Act
2003.
2 Subsection 4(1)
Insert:
BCII Act means the Building and Construction Industry
Improvement Act 2003.
3 Subsection 4(1)
Insert:
building industrial dispute has the same meaning as in the
BCII Act.
4 Subsection 4(1) (paragraph (c) of the
definition of demarcation dispute)
After “this Act,”, insert “the BCII Act”.
5 Section 8A
After “this Act”, insert “, the BCII
Act”.
6 Subsection 27(3) (definition of
proceeding)
After “under”, insert “the BCII Act or”.
7 Subsection 30(1)
After “this Act”, insert “, the BCII
Act”.
8 Subsection 30(3)
Repeal the subsection, substitute:
(3) The Commission constituted by a member or members of the Commission
may exercise its powers even though the Commission constituted by another member
or other members of the Commission is at the same time exercising the powers of
the Commission. For this purpose, powers means powers under this
Act, the BCII Act, the Registration and Accountability of Organisations Schedule
or otherwise.
9 Section 31
After “this Act”, insert “, the BCII
Act”.
10 Section 32
After “this Act”, insert “, the BCII
Act”.
11 Section 33
After “this Act”, insert “, the BCII
Act”.
12 Subsection 40(1)
After “this Act”, insert “, the BCII
Act”.
13 After section 45A
Insert:
(1) Subject to the BCII Act and this Act, an appeal lies to a Full Bench,
with the leave of the Full Bench, against:
(a) a decision of a member of the Commission by way of a finding in
relation to a matter arising under the BCII Act; and
(b) an order made by a member of the Commission under the BCII Act;
and
(c) a decision of a member of the Commission under the BCII Act not to
make an order; and
(d) a decision of a member of the Commission that the member has
jurisdiction, or a refusal or failure of a member of the Commission to exercise
jurisdiction, in a matter arising under the BCII Act.
(2) A Full Bench must grant leave to appeal under subsection (1) if,
in its opinion, the matter is of such importance that, in the public interest,
leave should be granted.
(3) An appeal under subsection (1) may be instituted by:
(a) a party to the proceeding; or
(b) a person bound by an order; or
(c) a person aggrieved by the decision; or
(d) the ABC Commissioner.
(4) Where an appeal has been instituted under this section, a Full Bench
or Presidential Member may, on such terms and conditions as the Full Bench or
Presidential Member considers appropriate, order that the operation of the whole
or a part of the decision or act concerned be stayed pending the determination
of the appeal or until further order of a Full Bench or Presidential
Member.
(5) A Full Bench may direct that 2 or more appeals be heard together, but
an organisation or person who has a right to be heard in relation to one of the
appeals may be heard in relation to a matter raised in another of the appeals
only with the leave of the Full Bench.
(6) For the purposes of an appeal under this section, a Full
Bench:
(a) may admit further evidence; and
(b) may direct a member of the Commission to provide a report in relation
to a specified matter.
(7) On the hearing of the appeal, the Full Bench may do one or more of the
following:
(a) confirm, quash or vary the decision or act concerned;
(b) make an order or decision dealing with the subject-matter of the
decision or act concerned;
(c) direct the member of the Commission whose decision or act is under
appeal, or another member of the Commission, to take further action to deal with
the subject-matter of the decision or act in accordance with the directions of
the Full Bench.
(8) If, under paragraph (6)(b), a Full Bench directs a member of the
Commission to provide a report, the member must, after making such investigation
(if any) as is necessary, provide the report to the Full Bench.
(9) Each provision of this Act and the BCII Act relating to the hearing or
determination of a matter mentioned in subsection (1) of this section
extends to the hearing or determination of an appeal under this
section.
14 Subsection 48(1)
After “this Act”, insert “, the BCII
Act”.
15 Subparagraph 48A(1)(a)(i)
After “this Act”, insert “or the BCII
Act”.
16 Subparagraph 48A(1)(a)(ii)
After “this Act”, insert “or the BCII
Act”.
17 Paragraph 63(1)(c)
After “this Act”, insert “or the BCII
Act”.
18 Paragraph 63(1)(d)
After “this Act”, insert “, the BCII
Act”.
19 Subsection 66(1)
After “this Act”, insert “, the BCII
Act”.
20 Paragraph 67(2)(a)
After “this Act”, insert “, the BCII
Act”.
21 Paragraph 67(2)(b)
After “this Act”, insert “, the BCII
Act”.
22 Paragraph 75(2)(a)
After “this Act”, insert “, the BCII
Act”.
23 At the end of
section 79
Add:
(4) In this section:
matter includes a matter arising under the BCII
Act.
24 At the end of
section 80
Add:
(3) In this section:
matter includes a matter arising under the BCII
Act.
25 Subsection 82(1)
After “this Act”, insert “, the BCII
Act”.
26 After subsection 88B(1A)
Insert:
(1B) To the extent that the Commission is performing its functions under
this Part in relation to building industrial disputes, the Commission must
perform those functions in a way that furthers the objects of the BCII Act and
the objects of this Act.
27 Paragraph 89(b)
After “this Act”, insert “, the BCII
Act”.
28 At the end of
section 90
Add:
(3) To the extent that the Commission is performing its functions in
relation to matters arising under the BCII Act, the Commission must take into
account the public interest, and for that purpose must have regard to:
(a) the objects of that Act and the objects of this Act; and
(b) the state of the national economy and the likely effects on the
national economy of any order that the Commission is considering, or is
proposing to make, with special reference to likely effects on the level of
employment and on inflation.
29 Section 98A
After “this Act”, insert “, the BCII
Act”.
30 Subsection 99(1) (note)
Repeal the note, substitute:
Note: Some industrial disputes (including demarcation
disputes) are dealt with under the BCII Act or the Registration and
Accountability of Organisations Schedule.
31 Subsection 100(1) (note)
Repeal the note, substitute:
Note: A demarcation dispute that is not resolved by
conciliation is dealt with under the Registration and Accountability of
Organisations Schedule. If it involves building work, it is dealt with under the
BCII Act.
32 Subsection 103(2)
After “this Act”, insert “, the BCII
Act”.
33 Subsection 109(4)
Omit “subsection (4A)”, substitute
“subsections (4A) and (4B)”.
34 After subsection 109(4A)
Insert:
(4B) Subsections 45B(4) to (8) (inclusive) apply in relation to a review
under this section in relation to a matter arising under the BCII Act in the
same manner as they apply in relation to an appeal under
section 45B.
35 At the end of
section 109
Add:
(9) Nothing in this section affects any right of appeal or any power of a
Full Bench under section 45B, and an appeal under that section and a review
under this section may, if the Full Bench considers appropriate, be dealt with
together.
36 After subsection 110(2A)
Insert:
(2B) If the hearing or determination concerns an industrial dispute or
other proceeding arising under the BCII Act, the procedure of the Commission in
the hearing or determination is, subject to this Act, the BCII Act and the Rules
of the Commission, within the discretion of the Commission.
37 After subsection 111(1B)
Insert:
(1C) Subject to the BCII Act, the Commission may do any of the things
mentioned in subsection (1) in relation to a building industrial
dispute.
38 Sub-subparagraph
111(1)(g)(v)(B)
After “action”, insert “or to stop building industrial
action (within the meaning of Chapter 6 of the BCII Act)”.
39 Subsection 111(2)
After “this Act”, insert “, the BCII
Act”.
40 Subsection 119(6) (paragraph (b) of the
definition of matter)
After “under”, insert “the BCII Act or”.
41 At the end of subsection
120A(2)
Add “and of the BCII Act”.
42 Subsection 124(1)
Repeal the subsection, substitute:
(1) The Commission does not have power to deal with a claim for the making
of any payment to employees in relation to a period during which those employees
engaged, or engage, in:
(a) industrial action; or
(b) building industrial action that is constitutionally-connected
action.
For this purpose, building industrial action and
constitutionally-connected action have the same meanings as in
Chapter 6 of the BCII Act.
43 Subsection 127A(7)
After “this Act”, insert “and the BCII
Act”.
44 Subsection 134(2)
After “this Act”, insert “, the BCII
Act”.
45 Subsection 134(3)
After “this Act”, insert “, the BCII
Act”.
46 At the end of
section 155
Add “or the BCII Act”.
47 Subsection 170LA(1)
After “this Act”, insert “and the BCII
Act”.
48 After subsection 170LU(3)
Insert:
(3A) In subsection (3), a reference to Part XA of this Act
includes a reference to Chapter 7 of the BCII Act.
Note: Chapter 7 of the BCII Act deals with freedom of
association.
49 At the end of subsection
170MY(2)
Add “of this Act or by section 51 of the BCII
Act”.
50 Subsection 178(1)
After “this Act”, insert “, the BCII
Act”.
51 Paragraph 187(4)(a)
After “this Act”, insert “, the BCII
Act”.
52 Before section 299
Insert:
This Part applies in relation to the exercise of powers, or the
performance of functions, by the Commission under the BCII Act in like manner as
the Part applies in relation to the exercise of powers, or the performance of
functions, by the Commission under this Act.
53 Subsection 349(1)
After “this Act”, insert “or the BCII
Act”.
54 Subsection 349(2)
After “this Act”, insert “or the BCII Act (as the case
requires)”.
55 At the end of
section 350
Add “or the BCII Act”.
56 Section 352
After “this Act” (wherever occurring), insert “, the BCII
Act”.
57 Subsection 353(1)
After “of this Act”, insert “and the BCII
Act”.
58 Subsection 353(1)
After “under this Act”, insert “or the BCII
Act”.
59 At the end of
section 355
Add:
(6) For the avoidance of doubt, this section applies in relation to
proceedings under the BCII Act in like manner as it applies in relation to
proceedings under this Act.
60 Paragraph 357(1)(a)
After “this Act”, insert “or the BCII
Act”.
61 At the end of subsection
422(1)
Add “or the BCII Act”.
62 Subsection 469(1)
After “this Act”, insert “, the BCII
Act”.
63 After subsection 469(2A)
Insert:
(2B) Subject to this Act, the BCII Act and any other Act, a party to a
proceeding before the Court in a matter arising under the BCII Act may be
represented only as provided by this section.
64 Paragraph 469(8)(b)
After “this Act”, insert “, the BCII
Act”.
65 Section 470
After “this Act”, insert “, the BCII
Act”.
66 Subsection 471(1)
After “this Act”, insert “, the BCII
Act”.
67 Section 5 of Schedule 1B
(note)
Omit “Note:”, substitute “Note 1:”.
68 At the end of section 5 of
Schedule 1B
Add:
Note 2: See also the BCII Act.
69 Section 6 of
Schedule 1B
Insert:
BCII Act means the Building and Construction Industry
Improvement Act 2003.
70 Section 6 of Schedule 1B
(paragraph (c) of the definition of demarcation
dispute)
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
71 Subsection 14(4) of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
72 Paragraph 19(1)(e) of
Schedule 1B
Omit “and the Workplace Relations Act”, substitute “, the
Workplace Relations Act and the BCII Act”.
73 Paragraph 19(1)(i) of
Schedule 1B
Omit “and section 3 of the Workplace Relations Act”,
substitute “, section 3 of the Workplace Relations Act and
section 3 of the BCII Act”.
74 Subsection 19(3) of
Schedule 1B
Omit “and section 3 of the Workplace Relations Act”,
substitute “, section 3 of the Workplace Relations Act and
section 3 of the BCII Act”.
75 Paragraph 20(1)(d) of
Schedule 1B
Omit “and the Workplace Relations Act”, substitute “, the
Workplace Relations Act and the BCII Act”.
76 Paragraph 20(1)(i) of
Schedule 1B
Omit “and section 3 of the Workplace Relations Act”,
substitute “, section 3 of the Workplace Relations Act and
section 3 of the BCII Act”.
77 Paragraph 28(1)(a) of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
78 Paragraph 29(2)(a)
After “this Act” (wherever occurring), insert “, the BCII
Act”.
79 Subsection 38(5) of
Schedule 1B
Omit “and the Workplace Relations Act”, substitute “, the
Workplace Relations Act and the BCII Act”.
80 Paragraph 38(8)(c) of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
81 Paragraph 55(1)(d) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
82 Paragraph 57(1)(b) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
83 Subparagraph 73(2)(c)(i) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
84 Sub-subparagraph 73(2)(c)(ii)(B) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
85 Subsection 87(2) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
86 Paragraph 142(1)(a) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
87 Paragraph 142(1)(c) of
Schedule 1B
Omit “and the Workplace Relations Act”, substitute “, the
Workplace Relations Act and the BCII Act”.
88 Subparagraph 144(3)(a)(i) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
89 Subparagraph 151(5)(a)(i) of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
90 Subparagraph 151(5)(a)(iii) of
Schedule 1B
After “or the Workplace Relations Act”, insert “or the
BCII Act”.
91 Subsection 151(6) of
Schedule 1B
After “or the Workplace Relations Act”, insert “or the
BCII Act”.
92 Paragraph 152(6)(a) of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
93 Subsection 158(6)
Omit “and the Workplace Relations Act”, substitute “, the
Workplace Relations Act and the BCII Act”.
94 Paragraph 158(7)(a) of
Schedule 1B
Repeal the paragraph, substitute:
(a) is satisfied that the alteration would change the effect of any order
made by the Commission under section 133, or under Chapter 11 of the
BCII Act, about the right of the organisation to represent the industrial
interests of a particular class or group of employees; and
95 Paragraph 159(1)(a) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
96 Section 161 of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
97 Section 170 of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
98 Section 175 of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
99 Subparagraph 246(2)(b)(i) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
100 Subparagraph 249(5)(b)(i) of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
101 Section 290 of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
102 Paragraph 293(2)(a) of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
103 Section 353 of
Schedule 1B
After “Workplace Relations Act”, insert “, the BCII
Act”.
104 Subsection 362(3) of
Schedule 1B
Omit “and the Workplace Relations Act”, substitute “, the
Workplace Relations Act and the BCII Act”.
105 Paragraph 363(2)(b) of
Schedule 1B
Omit “or the Workplace Relations Act”, substitute “, the
Workplace Relations Act or the BCII Act”.
Administrative Decisions
(Judicial Review) Act 1977
1 Paragraph (a) of
Schedule 1
Omit “or the Workplace Relations Act 1996”, substitute
“, the Workplace Relations Act 1996 or the Building and
Construction Industry Improvement Act 2003”.
Builders Labourers’
Federation (Cancellation of Registration—Consequential Provisions) Act
1986
2 Section 3
Insert:
BCII Act means the Building and Construction Industry
Improvement Act 2003.
3 Subsection 4(4)
After “Workplace Relations Act” (first occurring), insert
“, the BCII Act”.
4 Subsection 4(5)
After “Workplace Relations Act”, insert “, the BCII
Act”.
5 Subparagraph 5(1)(b)(ii)
After “Workplace Relations Act”, insert “, the BCII
Act”.
6 Section 8F
Repeal the section, substitute:
(1) The Workplace Relations Act and the BCII Act apply in relation to
industrial disputes in the Territory as if paragraph (a) of the definition
of industrial dispute in subsection 4(1) of the Workplace
Relations Act were omitted and the following paragraph were
substituted:
“(a) an industrial dispute (including a threatened, impending or
probable industrial dispute) that is about matters pertaining to the
relationship between employers and employees; or”.
(2) For the purposes of subsection (1), an industrial dispute about
the employment of persons employed for the performance of work wholly or mainly
in the Territory is taken to be an industrial dispute in the
Territory.
(3) Nothing in this section affects the operation of subsection 7(2) of
the Workplace Relations Act or subsection 9(2) of the BCII Act.
(4) In this section:
BCII Act means the Building and Construction Industry
Improvement Act 2003.
Workplace Relations Act means the Workplace Relations Act
1996.
Cocos (Keeling) Islands Act
1955
7 Section 8F
Repeal the section, substitute:
(1) The Workplace Relations Act and the BCII Act apply in relation to
industrial disputes in the Territory as if paragraph (a) of the definition
of industrial dispute in subsection 4(1) of the Workplace
Relations Act were omitted and the following paragraph were
substituted:
“(a) an industrial dispute (including a threatened, impending or
probable industrial dispute) that is about matters pertaining to the
relationship between employers and employees; or”.
(2) For the purposes of subsection (1), an industrial dispute about
the employment of persons employed for the performance of work wholly or mainly
in the Territory is taken to be an industrial dispute in the
Territory.
(3) In this section:
BCII Act means the Building and Construction Industry
Improvement Act 2003.
Workplace Relations Act means the Workplace Relations Act
1996.
Jurisdiction of Courts
(Cross-vesting) Act 1987
8 After paragraph 4(4)(a)
Insert:
(aa) the Building and Construction Industry Improvement Act 2003;
or
9 Subsection 42A(7)
Repeal the subsection, substitute:
(7) Nothing in this section affects the application of:
(a) the Workplace Relations Act 1996; or
(b) the Building and Construction Industry Improvement Act
2003;
in relation to persons employed under section 42 of this
Act.
Northern Territory
(Self-Government) Act 1978
10 Subsections 53(1) and (2)
Repeal the subsections, substitute:
(1) The Workplace Relations Act and the BCII Act apply in relation to
industrial disputes in the Territory as if paragraph (a) of the definition
of industrial dispute in subsection 4(1) of the Workplace
Relations Act were omitted and the following paragraph were
substituted:
“(a) an industrial dispute (including a threatened, impending or
probable industrial dispute) that is about matters pertaining to the
relationship between employers and employees; or”.
(2) For the purposes of subsection (1), an industrial dispute about
the employment of persons employed for the performance of work wholly or mainly
in the Territory is taken to be an industrial dispute in the
Territory.
Note: The heading to section 53 is replaced by the
heading “Application of Workplace Relations Act and BCII
Act”.
11 Subsection 53(4)
Omit “the Workplace Relations Act 1996”, substitute
“the Workplace Relations Act or the BCII Act”.
12 Paragraph 53(7)(a)
Omit “the Workplace Relations Act 1996”, substitute
“the Workplace Relations Act or the BCII Act”.
13 At the end of
section 53
Add:
(8) In this section:
BCII Act means the Building and Construction Industry
Improvement Act 2003.
Workplace Relations Act means the Workplace Relations Act
1996.
Seat of Government
(Administration) Act 1910
14 Subsections 5(1) and (2)
Repeal the subsections, substitute:
(1) The Workplace Relations Act and the BCII Act apply in relation to
industrial disputes in the Territory as if paragraph (a) of the definition
of industrial dispute in subsection 4(1) of the Workplace
Relations Act were omitted and the following paragraph were
substituted:
“(a) an industrial dispute (including a threatened, impending or
probable industrial dispute) that is about matters pertaining to the
relationship between employers and employees; or”.
(2) For the purposes of subsection (1), an industrial dispute about
the employment of persons employed for the performance of work wholly or mainly
in the Territory is taken to be an industrial dispute in the
Territory.
Note: The heading to section 5 is replaced by the
heading “Application of Workplace Relations Act and BCII
Act”.
15 Subsection 5(3)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations Act”.
16 Subsection 5(4)
Omit “the Workplace Relations Act 1996”, substitute
“the Workplace Relations Act or the BCII Act”.
17 Subsection 5(5)
Repeal the subsection, substitute:
(5) Nothing in this section affects the operation of the Workplace
Relations Act or the BCII Act in relation to industrial issues referred to in
paragraph 5(3)(d) of the Workplace Relations Act.
(6) In this section:
BCII Act means the Building and Construction Industry
Improvement Act 2003.
Workplace Relations Act means the Workplace Relations Act
1996.