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This is a Bill, not an Act. For current law, see the Acts databases.
DAIRY INDUSTRY (DRINKING MILK) BILL 2013
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Dairy Industry (Drinking Milk) Bill 2013
No. , 2013
(Mr Katter)
A Bill for an Act to enable dairy farmers to obtain a
fair price from processors for drinking milk, and
for related purposes
i Dairy Industry (Drinking Milk) Bill 2013 No. , 2013
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Definitions ......................................................................................... 2
4
Dairy regions ..................................................................................... 2
5
Administration of Act ........................................................................ 3
Part 2--Dairy representative bodies
4
6
Registration of dairy representatives ................................................. 4
7
Eligibility for registration .................................................................. 4
8
Length of registration ......................................................................... 5
9
Active representatives ........................................................................ 6
Part 3--Establishment of minimum price
7
10
FWA to set minimum price in the form of a modern award .............. 7
Part 4--Collective bargaining under the Fair Work Act 2009
9
11
Agreement between dairy farmers and a processor may be
effected as an enterprise agreement ................................................... 9
Part 5--Collective negotiation outside the Fair Work Act 2009
10
12
Collective negotiations--exemption from the Competition
and Consumer Act 2010 ................................................................... 10
Dairy Industry (Drinking Milk) Bill 2013 No. , 2013 1
A Bill for an Act to enable dairy farmers to obtain a
1
fair price from processors for drinking milk, and
2
for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Dairy Industry (Drinking Milk) Act
8
2013.
9
Part 1 Preliminary
Section 2
2 Dairy Industry (Drinking Milk) Bill 2013 No. , 2013
2 Commencement
1
This Act commences the day after it receives the Royal Assent.
2
3 Definitions
3
In this Act:
4
ACCC means the Australian Competition and Consumer
5
Commission.
6
active representative for a region: see section 9.
7
constitutional corporation means a corporation to which
8
paragraph 51(xx) of the Constitution applies.
9
dairy farmer means a person who produces drinking milk for sale
10
to a processor.
11
dairy representative for a region means a body registered as such
12
under section 6.
13
drinking milk means milk intended to be processed into any milk
14
for drinking as white or flavoured milk, including UHT or ESL
15
milk.
16
eligible: see section 5.
17
FWA means Fair Work Australia.
18
processor means a constitutional corporation that purchases
19
drinking milk from dairy farmers for processing.
20
region means a region prescribed in an instrument made under
21
section 4.
22
State includes a self-governing Territory.
23
4 Dairy regions
24
(1) The Minister may, by legislative instrument, prescribe regions for
25
the purposes of this Act.
26
Preliminary Part 1
Section 5
Dairy Industry (Drinking Milk) Bill 2013 No. , 2013 3
(2) A region is taken to be part of a State, whether or not the whole of
1
the region is contained entirely within the State.
2
5 Administration of Act
3
This Act is to be administered by the Minister for Agriculture,
4
Fisheries and Forestry.
5
6
Part 2 Dairy representative bodies
Section 6
4 Dairy Industry (Drinking Milk) Bill 2013 No. , 2013
Part 2--Dairy representative bodies
1
2
6 Registration of dairy representatives
3
(1) The Secretary of the Department may register a constitutional
4
corporation as:
5
(a) the dairy representative for a region; or
6
(b) the dairy representative for a State; or
7
(c) the national dairy representative;
8
in accordance with this section.
9
(2) A constitutional corporation may apply to the Secretary for the
10
appropriate registration if it is eligible under section 7.
11
(3) The corporation must give the Secretary such information as the
12
Secretary requires to be satisfied that the corporation is eligible for
13
the registration applied for, which may include, but is not limited
14
to:
15
(a) the identities of persons that have nominated it as a dairy
16
representative;
17
(b) evidence of the nominations; and
18
(c) such details about the farms of the nominators and their
19
production as the Secretary needs to be satisfied that the
20
corporation is eligible.
21
(4) If the Secretary is satisfied that the corporation is eligible for the
22
registration applied for, the Secretary must register the corporation
23
in that capacity.
24
7 Eligibility for registration
25
Eligibility to be regional representative
26
(1) A constitutional corporation is eligible for registration as the dairy
27
representative for a region if it is nominated as a representative for
28
the purposes of this Act by dairy farmers representing at least 50%
29
of the production of drinking milk in the region.
30
Dairy representative bodies
Part 2
Section 8
Dairy Industry (Drinking Milk) Bill 2013 No. , 2013 5
Eligibility to be State representative
1
(2) A constitutional corporation is eligible for registration as the dairy
2
representative for a State if, in at least 50% of the regions of the
3
State, representing at least 70% of the production of drinking milk
4
in the State, it is either:
5
(a) the dairy representative for the region; or
6
(b) nominated by the dairy representative of the region as the
7
dairy representative for the State.
8
Eligibility to be national representative
9
(3) A constitutional corporation is eligible for registration as the
10
national dairy representative if, in at least 50% of the States,
11
representing at least 70% of the production of drinking milk in
12
Australia, it is either:
13
(a) the dairy representative for the State; or
14
(b) in a region in a State for which there is no dairy
15
representative, either:
16
(i) the dairy representative for the region; or
17
(ii) nominated by the dairy representative of the region as
18
the national dairy representative.
19
8 Length of registration
20
(1) Subject to this section, registration under section 7 is valid for 5
21
years.
22
(2) The registration of a corporation as dairy representative for a
23
region ceases if another corporation is registered as the dairy
24
representative for that region.
25
(3) The registration of a corporation as dairy representative for a State
26
ceases if another corporation is registered as the dairy
27
representative for that State.
28
(4) The registration of a corporation as the national dairy
29
representative ceases if another corporation is registered as the
30
national dairy representative.
31
Part 2 Dairy representative bodies
Section 9
6 Dairy Industry (Drinking Milk) Bill 2013 No. , 2013
9 Active representatives
1
In this Act:
2
(a) if there is a national dairy representative, it is the active
3
representative for all regions; and
4
(b) if there is no national dairy representative, then the dairy
5
representative for State is the active representative for all
6
regions in the State; and
7
(c) if there is no national dairy representative and no dairy
8
representative for a particular State, then the dairy
9
representative for a region of that State is the active
10
representative for that region.
11
12
Establishment of minimum price Part 3
Section 10
Dairy Industry (Drinking Milk) Bill 2013 No. , 2013 7
Part 3--Establishment of minimum price
1
2
10 FWA to set minimum price in the form of a modern award
3
(1) As soon as practicable after the commencement of this Act, FWA
4
must determine a modern award for dairy farmers in accordance
5
with this Part.
6
(2) For the determination of the award, Part 2-3 of the Fair Work Act
7
2009 operates as if modified as follows:
8
(a) a reference to an employer is taken to be a reference to a
9
processor;
10
(b) a reference to an employee is taken to be a reference to a
11
dairy farmer (whether or not an individual);
12
(c) the modern awards objective in subsection 134 (1) is taken to
13
include the objective of providing a fair minimum return for
14
dairy farmers on their labour and investment in producing
15
drinking milk;
16
(d) the terms that may be included in the award (section 139) are
17
taken to be terms about the following:
18
(i) a minimum price, or a method of calculating a minimum
19
price, that may be paid to dairy farmers by processors
20
for drinking milk;
21
(ii) a component of such a minimum price, or a mechanism
22
for calculating such a component, that reflects the costs
23
of efficient producers in producing the milk;
24
(iii) a component of such a minimum price, or a mechanism
25
for calculating such a component, that reflects a
26
reasonable return to a dairy farmer for labour and
27
investment in producing drinking milk;
28
(e) sections 147, 148 and 149 are taken to be omitted;
29
(f) a reference to an organisation that is entitled to represent the
30
industrial interests of employees covered by the award is
31
taken to include a reference to a registered dairy
32
representative;
33
(g) subsection 165(3) is taken to be omitted.
34
(3) The award operates as if:
35
Part 3 Establishment of minimum price
Section 10
8 Dairy Industry (Drinking Milk) Bill 2013 No. , 2013
(a) it were an award made under the Fair Work Act 2009; and
1
(b) dairy farmers were employees; and
2
(c) processors were employers; and
3
(d) a contract for the supply of drinking milk by a dairy farmer to
4
a processor were a relevant contract of employment.
5
6
Collective bargaining under the Fair Work Act 2009 Part 4
Section 11
Dairy Industry (Drinking Milk) Bill 2013 No. , 2013 9
Part 4--Collective bargaining under the Fair Work
1
Act 2009
2
3
11 Agreement between dairy farmers and a processor may be
4
effected as an enterprise agreement
5
Part 2-4 of the Fair Work Act 2009 (Enterprise Agreements)
6
operates as if modified as follows:
7
(a) a reference to an employer is taken to be a reference to a
8
processor;
9
(b) a reference to an employee is taken to be a reference to a
10
dairy farmer (whether or not an individual);
11
(c) a reference to an employee organisation is taken to be a
12
reference to a dairy farmer;
13
(d) a reference to employment of an employee by an employer is
14
taken to be a reference to a contract of a dairy farmer with a
15
processor to supply drinking milk;
16
(e) a reference to a rate of pay is a reference to a price for
17
drinking milk;
18
(f) paragraph 172(1)(c) is taken to be omitted;
19
(g) paragraph 173(2)(d) is taken to be omitted;
20
(h) subsection 174(4) is taken to be omitted;
21
(i) paragraph 186(2)(c) is taken to be omitted;
22
(j) Division 9 is taken to be omitted.
23
24
Part 5 Collective negotiation outside the Fair Work Act 2009
Section 12
10 Dairy Industry (Drinking Milk) Bill 2013 No. , 2013
Part 5--Collective negotiation outside the Fair
1
Work Act 2009
2
3
12 Collective negotiations--exemption from the Competition and
4
Consumer Act 2010
5
(1) The active dairy representative for a region, or a collection of
6
regions, may represent the dairy farmers of the regions in
7
collective negotiations with one or more processors in relation to
8
the sale of drinking milk to the processors in those regions.
9
(2) The Competition and Consumer Act 2010 operates as if a valid
10
notice to the ACCC under section 93AB were in force in relation to
11
the negotiations.
12