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This is a Bill, not an Act. For current law, see the Acts databases.
BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT (CONSEQUENTIAL AND TRANSITIONAL) BILL 2005
2004-2005
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 2005
No. , 2005
(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 2005, and for related
purposes
i Building and Construction Industry Improvement (Consequential and Transitional) Bill
2005 No. , 2005
Contents
Part 1--Preliminary
1
1
Short title.......................................................................................1
2
Commencement .............................................................................2
3
Schedule(s)....................................................................................3
Part 2--Application and transitional provisions
4
4
Definitions.....................................................................................4
7
Chapter 6 of the BCII Act...............................................................4
Schedule 1--Amendment of the Workplace Relations Act 1996
5
Schedule 2--Amendment of other Acts
7
Jurisdiction of Courts (Cross-vesting) Act 1987
7
Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005
No. , 2005 1
A Bill for an Act to deal with matters consequential
1
on the enactment of the Building and Construction
2
Industry Improvement Act 2005, and for related
3
purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Building and Construction Industry
9
Improvement (Consequential and Transitional) Act 2005.
10
2 Building and Construction Industry Improvement (Consequential and Transitional) Bill
2005 No. , 2005
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Part 2
At the same time as Chapter 6 of the
Building and Construction Industry
Improvement Act 2005 commences.
3. Schedule 1,
items 2 and 42
The day on which this Act receives the
Royal Assent.
4. Schedule 1,
items 53 and 54
At the same time as Chapter 6 of the
Building and Construction Industry
Improvement Act 2005 commences.
5. Schedule 1,
item 55
The day on which this Act receives the
Royal Assent.
6. Schedule 1,
item 56
At the same time as Chapter 6 of the
Building and Construction Industry
Improvement Act 2005 commences.
7. Schedule 1,
items 60 to 66
The day on which this Act receives the
Royal Assent.
8. Schedule 2
The day on which this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
passed by the Parliament and assented to. It will not be expanded to
8
deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005
No. , 2005 3
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
4 Building and Construction Industry Improvement (Consequential and Transitional) Bill
2005 No. , 2005
1
Part 2--Application and transitional provisions
2
3
4 Definitions
4
In this Part, unless the contrary intention appears:
5
BCII Act means the Building and Construction Industry
6
Improvement Act 2005.
7
7 Chapter 6 of the BCII Act
8
(1) Section 74 of the BCII Act applies to building industrial action that
9
occurs after the commencement of that section (whether or not the
10
action began before the commencement of that section).
11
(3) Section 80 of the BCII Act applies to building industrial action that
12
occurs after the commencement of that section (whether or not the
13
action began before the commencement of that section).
14
(9) Section 136 of the BCII Act applies to building industrial action
15
that occurs after the commencement of that section (whether or not
16
the action began before the commencement of that section).
17
Amendment of the Workplace Relations Act 1996 Schedule 1
Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005
No. , 2005 5
1
Schedule 1--Amendment of the Workplace
2
Relations Act 1996
3
4
2 Subsection 4(1)
5
Insert:
6
BCII Act means the Building and Construction Industry
7
Improvement Act 2005.
8
42 Subsection 124(1)
9
Repeal the subsection, substitute:
10
(1) The Commission does not have power to deal with a claim for the
11
making of any payment to employees in relation to a period during
12
which those employees engaged, or engage, in:
13
(a) industrial action; or
14
(b) building industrial action that is constitutionally-connected
15
action.
16
For this purpose, building industrial action and
17
constitutionally-connected action have the same meanings as in
18
Chapter 6 of the BCII Act.
19
53 Subsection 349(1)
20
After "this Act", insert "or the BCII Act".
21
54 Subsection 349(2)
22
After "this Act", insert "or the BCII Act (as the case requires)".
23
55 At the end of section 350
24
Add "or the BCII Act".
25
56 Section 352
26
After "this Act" (wherever occurring), insert ", the BCII Act".
27
60 Paragraph 357(1)(a)
28
After "this Act", insert "or the BCII Act".
29
61 At the end of subsection 422(1)
30
Schedule 1 Amendment of the Workplace Relations Act 1996
6 Building and Construction Industry Improvement (Consequential and Transitional) Bill
2005 No. , 2005
Add "or the BCII Act".
1
62 Subsection 469(1)
2
After "this Act", insert ", the BCII Act".
3
63 After subsection 469(2A)
4
Insert:
5
(2B) Subject to this Act, the BCII Act and any other Act, a party to a
6
proceeding before the Court in a matter arising under the BCII Act
7
may be represented only as provided by this section.
8
64 Paragraph 469(8)(b)
9
After "this Act", insert ", the BCII Act".
10
65 Section 470
11
After "this Act", insert ", the BCII Act".
12
66 Subsection 471(1)
13
After "this Act", insert ", the BCII Act".
14
Amendment of other Acts Schedule 2
Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005
No. , 2005 7
1
Schedule 2--Amendment of other Acts
2
3
Jurisdiction of Courts (Cross-vesting) Act 1987
4
8 After paragraph 4(4)(a)
5
Insert:
6
(aa) the Building and Construction Industry Improvement Act
7
2005; or
8