Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace
Relations Amendment (Genuine Bargaining) Bill
2002
No. ,
2002
(Employment and Workplace
Relations)
A Bill for an Act to amend the
Workplace Relations Act 1996, and for related
purposes
Contents
Part 1—Amendments 3
Workplace Relations Act
1996 3
Part 2—Application 6
Workplace Relations Act
1996 7
A Bill for an Act to amend the Workplace Relations Act
1996, and for related purposes
The Parliament of Australia enacts:
This
Act may be cited as the Workplace Relations Amendment (Genuine Bargaining)
Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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. Schedule 1 |
A day or days to be fixed by Proclamation, subject to
subsection (3) |
|
|
3. Schedule 2 |
Immediately after the commencement of item 2 of
Schedule 1 |
|
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 is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
1 After subsection 170MW(2)
Insert:
(2A) Without limiting the matters the Commission may consider, when
determining for the purposes of paragraph (2)(b) whether a negotiating
party (the first party) is not genuinely trying to reach an
agreement with the other negotiating parties, the Commission must consider
whether:
(a) the first party’s conduct shows an intention to reach agreement
with persons in an industry who are, or could become, negotiating parties to
another agreement with the first party, rather than to reach agreement with just
the other negotiating parties; and
(b) the first party’s conduct shows an intention either:
(i) to reach agreement with all persons in an industry who are, or could
become, negotiating parties to another agreement with the first party;
or
(ii) to reach agreement with none of them;
rather than to reach agreement with just the other negotiating parties;
and
(c) the first party’s conduct shows an intention primarily to reach
agreement with a person other than the other negotiating parties; and
(d) the first party’s conduct shows a refusal to meet or confer with
the other negotiating parties; and
(e) the first party’s conduct shows a refusal to consider or respond
to proposals made by the other negotiating parties.
The existence of one or more of the matters mentioned in
paragraphs (a) to (e) would tend to indicate that the first party is not
genuinely trying to reach an agreement with the other negotiating
parties.
2 After section 170MW
Insert:
(1) This section applies if a bargaining period (the former
bargaining period) in relation to a proposed agreement has ended because
a negotiating party (the former negotiating party) has given a
notice under paragraph 170MV(b).
(2) Subject to this section, the Commission may, by order, declare that,
during a specified period, a specified former negotiating party or employee of
the employer:
(a) is not allowed to initiate a new bargaining period in relation to
specified matters that were dealt with by the proposed agreement; or
(b) may initiate such a bargaining period only on conditions specified in
the order.
(3) The Commission must not make an order under subsection (2)
unless:
(a) the Commission has given the former negotiating parties an opportunity
to be heard; and
(b) the Commission considers that it is in the public interest to make the
order.
(4) The Commission may make an order under subsection (2):
(a) on application by a former negotiating party; and
(b) if, assuming the former bargaining period had not ended, the
Commission could make an order under subsection 170MW(1) because a circumstance
set out in subsection 170MW(2), (4), (5), (6) or (7) exists or
existed.
(5) The Commission may make an order under subsection (2):
(a) on its own initiative, or on application by a former negotiating party
or the Minister; and
(b) if, assuming the former bargaining period had not ended, the
Commission could make an order under subsection 170MW(1) because a circumstance
set out in subsection 170MW(3) exists or existed.
3 Application of
item 1
The amendment made by item 1 applies in relation to a bargaining
period that began before, at or after the commencement of that item.
4 Application of
item 2
The amendment made by item 2 applies in relation to a bargaining
period that ended before, at or after the commencement of that
item.
1 After section 170MWA
Insert:
(1) The Commission may, by order, suspend a bargaining period for a period
specified in the order if:
(a) a negotiating party applies to the Commission for the period to be
suspended under this section; and
(b) protected action is being taken in respect of the proposed agreement;
and
(c) the Commission considers that the suspension is appropriate, having
regard to:
(i) whether suspending the bargaining period would be beneficial to the
negotiating parties because it would assist in resolving the matters at issue;
and
(ii) the duration of the action; and
(iii) whether suspending the bargaining period would be contrary to the
public interest or inconsistent with the objects of this Act; and
(iv) any other matters that the Commission considers relevant.
(2) The period of suspension specified in the order must be a period that
the Commission considers appropriate.
(3) The Commission may, by order, extend the period of suspension by a
specified period that the Commission considers appropriate if:
(a) a negotiating party applies to the Commission for the period of
suspension to be extended; and
(b) the Commission considers that the extension is appropriate, having
regard to:
(i) the matters referred to in paragraph (1)(c); and
(ii) whether the negotiating parties, during the period of suspension,
genuinely tried to reach an agreement.
(4) The Commission must not make an order under subsection (3)
extending the period of suspension if that period has previously been
extended.
(5) The Commission must not make an order under subsection (1) or (3)
unless it has given the negotiating parties the opportunity to be
heard.
(6) If the Commission makes an order under subsection (1) or (3), the
Commission must inform the negotiating parties that they may voluntarily submit
the matters at issue:
(a) to an agreed mediator for the purposes of mediation; or
(b) to the Commission for the purposes of conciliation.
(7) Anything done by a negotiating party or any other person in respect of
the proposed agreement is not protected action if it is done at a time when the
bargaining period is suspended.
2 Application of amendment
The amendment made by item 1 applies in relation to a bargaining
period that began before, at or after the commencement of this item.