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This is a Bill, not an Act. For current law, see the Acts databases.


WORKPLACE RELATIONS AMENDMENT (BETTER BARGAINING) BILL 2005

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Workplace Relations Amendment
(Better Bargaining) Bill 2005
No. , 2005
(Employment and Workplace Relations)
A Bill for an Act to amend the Workplace Relations
Act 1996, and for related purposes
i Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005
Contents
1
Short title.......................................................................................1
2
Commencement .............................................................................1
3
Schedule(s)....................................................................................2
Schedule 1--Industrial action and lockouts before expiry of
agreement etc.
3
Workplace Relations Act 1996
3
Schedule 2--Suspension of bargaining periods
4
Workplace Relations Act 1996
4
Schedule 3--Protected action and related corporations
8
Workplace Relations Act 1996
8
Schedule 4--Protected action and involvement of
non-protected persons
9
Workplace Relations Act 1996
9
Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005 1
A Bill for an Act to amend the Workplace Relations
1
Act 1996, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Workplace Relations Amendment
5
(Better Bargaining) Act 2005.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005
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. Schedules 1 to
4
The 28th day after the day on which this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
passed by the Parliament and assented to. It will not be expanded to
2
deal with provisions inserted in this Act after assent.
3
(2) Column 3 of the table contains additional information that is not
4
part of this Act. Information in this column may be added to or
5
edited in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Industrial action and lockouts before expiry of agreement etc. Schedule 1
Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005 3
1
Schedule 1--Industrial action and lockouts
2
before expiry of agreement etc.
3
4
Workplace Relations Act 1996
5
1 Subsection 170MN(1)
6
Omit ", for the purpose of supporting or advancing claims against the
7
employer in respect of the employment of employees whose
8
employment is subject to the agreement or award, engage in industrial
9
action", substitute "organise or engage in industrial action affecting the
10
employer (whether or not that action relates to a matter dealt with in the
11
agreement or award)".
12
2 Subsection 170MN(4)
13
Omit ", for the purpose of supporting or advancing claims in respect of
14
the employment of employees whose employment is subject to the
15
agreement or award, lock out such an employee from his or her
16
employment", substitute "lock out an employee whose employment is
17
subject to the agreement or award from his or her employment (whether
18
or not that lockout relates to a matter dealt with in the agreement or
19
award)".
20
3 Application of amendments
21
The amendments made by this Schedule apply in relation to these
22
actions:
23
(a) engaging in industrial action;
24
(b) organising industrial action;
25
(c) lockouts;
26
to the extent that those actions occur on or after the commencement of
27
this Schedule.
28
Schedule 2 Suspension of bargaining periods
4 Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005
1
Schedule 2--Suspension of bargaining
2
periods
3
4
Workplace Relations Act 1996
5
1 After section 170MWA
6
Insert:
7
170MWB Power of Commission to suspend bargaining period to
8
allow for cooling-off--application by negotiating party
9
(1) The Commission may, by order, suspend a bargaining period for a
10
period specified in the order if:
11
(a) a negotiating party applies to the Commission for the
12
bargaining period to be suspended under this section; and
13
(b) protected action is being taken in respect of the proposed
14
agreement; and
15
(c) the Commission considers that the suspension is appropriate,
16
having regard to:
17
(i) whether suspending the bargaining period would be
18
beneficial to the negotiating parties because it would
19
assist in resolving the matters at issue; and
20
(ii) the duration of the action; and
21
(iii) whether suspending the bargaining period would be
22
contrary to the public interest or inconsistent with the
23
objects of this Act; and
24
(iv) any other matters that the Commission considers
25
relevant.
26
(2) The period of suspension specified in the order must be a period
27
that the Commission considers appropriate.
28
(3) The Commission may, by order, extend the period of suspension
29
by a specified period that the Commission considers appropriate if:
30
(a) a negotiating party applies to the Commission for the period
31
of suspension to be extended; and
32
(b) the Commission considers that the extension is appropriate,
33
having regard to:
34
Suspension of bargaining periods Schedule 2
Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005 5
(i) the matters referred to in paragraph (1)(c); and
1
(ii) whether the negotiating parties, during the period of
2
suspension, genuinely tried to reach an agreement.
3
(4) The Commission must not make an order under subsection (3)
4
extending the period of suspension if that period has previously
5
been extended.
6
(5) The Commission must not make an order under subsection (1) or
7
(3) unless it has given the negotiating parties the opportunity to be
8
heard.
9
(6) If the Commission makes an order under subsection (1) or (3), the
10
Commission must inform the negotiating parties that they may
11
voluntarily submit the matters at issue:
12
(a) to an agreed mediator for the purposes of mediation; or
13
(b) to the Commission for the purposes of conciliation.
14
(7) Anything done by a negotiating party or any other person in
15
respect of the proposed agreement is not protected action if it is
16
done at a time when the bargaining period is suspended.
17
170MWC Power of Commission to suspend bargaining period--
18
significant harm to third party
19
(1) The Commission may, by order, suspend a bargaining period for a
20
period specified in the order if:
21
(a) industrial action is being taken in respect of the proposed
22
agreement; and
23
(b) an application for the period to be suspended under this
24
section is made to the Commission by or on behalf of:
25
(i) an organisation, person or body directly affected by the
26
action (other than a negotiating party); or
27
(ii) the Minister; and
28
(c) the Commission considers that the action is threatening to
29
cause significant harm to any person (other than a negotiating
30
party); and
31
(d) the Commission considers that the suspension is appropriate,
32
having regard to:
33
Schedule 2 Suspension of bargaining periods
6 Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005
(i) whether suspending the bargaining period would be
1
contrary to the public interest or inconsistent with the
2
objects of this Act; and
3
(ii) any other matters that the Commission considers
4
relevant.
5
(2) For the purposes of paragraph (1)(c), in considering whether the
6
action is threatening to cause significant harm to a person, the
7
Commission may have regard to the following:
8
(a) if the person is an employee--the extent to which the action
9
affects the interests of the person as an employee;
10
(b) the extent to which the person is particularly vulnerable to
11
the effects of the action;
12
(c) the extent to which the action threatens to:
13
(i) damage the ongoing viability of a business carried on by
14
the person; or
15
(ii) disrupt the supply of goods or services to a business
16
carried on by the person; or
17
(iii) reduce the person's capacity to fulfil a contractual
18
obligation; or
19
(iv) cause other economic loss to the person;
20
(d) any other matters that the Commission considers relevant.
21
(3) The period of suspension specified in the order must be a period
22
that the Commission considers appropriate.
23
(4) The Commission may, by order, extend the period of suspension
24
by a specified period that the Commission considers appropriate if:
25
(a) an application for the period of suspension to be extended is
26
made to the Commission by or on behalf of:
27
(i) an organisation, person or body directly affected by the
28
action (other than a negotiating party); or
29
(ii) the Minister; and
30
(b) the Commission considers that the extension is appropriate,
31
having regard to the matters referred to in paragraphs (1)(c)
32
and (d).
33
(5) The Commission must not make an order under subsection (4)
34
extending the period of suspension if that period has previously
35
been extended.
36
Suspension of bargaining periods Schedule 2
Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005 7
(6) The Commission must not make an order under subsection (1) or
1
(4) unless it has given the negotiating parties the opportunity to be
2
heard.
3
(7) If the Commission makes an order under subsection (1) or (4), the
4
Commission must inform the negotiating parties that they may
5
voluntarily submit the matters at issue:
6
(a) to an agreed mediator for the purposes of mediation; or
7
(b) to the Commission for the purposes of conciliation.
8
(8) Anything done by a negotiating party or any other person in
9
respect of the proposed agreement is not protected action if it is
10
done at a time when the bargaining period is suspended.
11
2 Application of amendment
12
The amendment made by item 1 applies in relation to a bargaining
13
period that begins at or after the commencement of this item.
14
Schedule 3 Protected action and related corporations
8 Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005
1
Schedule 3--Protected action and related
2
corporations
3
4
Workplace Relations Act 1996
5
1 After subsection 170ML(3)
6
Insert:
7
(3A) For the purposes of subsections (2) and (3), 2 or more employers
8
cannot be treated as a single employer under paragraph
9
170LB(2)(b).
10
2 Application of amendment
11
The amendment made by item 1 applies in relation to a bargaining
12
period that begins at or after the commencement of this item.
13
Protected action and involvement of non-protected persons Schedule 4
Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005 9
1
Schedule 4--Protected action and
2
involvement of non-protected persons
3
4
Workplace Relations Act 1996
5
1 Section 170MM
6
Repeal the section, substitute:
7
170MM Industrial action must not involve persons who are not
8
protected for that industrial action
9
(1) Engaging in industrial action in relation to a proposed agreement is
10
not protected action if:
11
(a) it is engaged in in concert with one or more persons or
12
organisations that are not protected persons for the industrial
13
action; or
14
(b) it is organised other than solely by one or more protected
15
persons for the industrial action.
16
(2) Organising industrial action in relation to a proposed agreement is
17
not protected action if:
18
(a) it is organised in concert with one or more persons or
19
organisations that are not protected persons for the industrial
20
action; or
21
(b) it is intended to be engaged in other than solely by one or
22
more protected persons for the industrial action.
23
(3) In this section:
24
protected person for industrial action in relation to a proposed
25
agreement, means:
26
(a) an organisation of employees that is a negotiating party to the
27
proposed agreement; or
28
(b) a member of such an organisation who is employed by the
29
employer and whose employment will be subject to the
30
proposed agreement; or
31
(c) an officer or employee of such an organisation acting in that
32
capacity; or
33
Schedule 4 Protected action and involvement of non-protected persons
10 Workplace Relations Amendment (Better Bargaining) Bill 2005 No. , 2005
(d) an employee who is a negotiating party to the proposed
1
agreement.
2
2 Application of amendment
3
The amendment made by item 1 applies in relation to these actions:
4
(a) engaging in industrial action;
5
(b) organising industrial action;
6
to the extent that those actions occur on or after the commencement of
7
this Schedule.
8

 


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