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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
Workplace
Relations Amendment (Protection for Emergency Management Volunteers) Bill
2003
No. ,
2003
(Employment and Workplace
Relations)
A Bill for an Act to amend the
Workplace Relations Act 1996, and for related
purposes
Contents
Workplace Relations Act
1996 3
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 (Protection
for Emergency Management Volunteers) Act 2003.
This Act commences on the day after it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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 Subsection 170CB(6)
After “conventions”, insert “and
recommendation”.
2 At the end of subsection
170CK(1)
Add:
; and (c) the Termination of Employment Recommendation, 1982, which the
General Conference of the International Labour Organisation adopted on
22 June 1982 and is also known as Recommendation No. 166.
3 Paragraph 170CK(2)(h)
Omit “leave.”, substitute “leave;”.
4 At the end of subsection
170CK(2)
Add:
(i) temporary absence from work because of the carrying out of a voluntary
emergency management activity, where the absence is reasonable having regard to
all the circumstances.
5 At the end of
section 170CK
Add:
(5) For the purposes of this section, an employee carries out a
voluntary emergency management activity if, and only if:
(a) the employee carries out an activity that involves dealing with an
emergency or natural disaster; and
(b) the employee carries out the activity on a voluntary basis;
and
(c) the employee is a member of, or has a member-like association with, a
recognised emergency management body; and
(d) either:
(i) the employee was requested by or on behalf of the body to carry out
the activity; or
(ii) no such request was made, but it would be reasonable to expect that,
if the circumstances had permitted the making of such a request, it is likely
that such a request would have been made.
(6) For the purposes of paragraph (5)(b), an employee carries out an
activity on a voluntary basis even if the employee directly or indirectly takes
or agrees to take:
(a) an honorarium; or
(b) a gratuity; or
(c) a similar payment;
wholly or partly for carrying out the activity.
(7) In this section:
body includes a part of a body.
designated disaster plan means a plan that:
(a) is for coping with emergencies and/or disasters; and
(b) is prepared by the Commonwealth, a State or a Territory.
recognised emergency management body means:
(a) a body that has a role or function under a designated disaster plan;
or
(b) a fire-fighting, civil defence or rescue body; or
(c) any other body a substantial purpose of which involves:
(i) securing the safety of persons or animals in an emergency or natural
disaster; or
(ii) protecting property in an emergency or natural disaster; or
(iii) otherwise responding to an emergency or natural disaster;
or
(d) a body specified in the regulations;
but does not include a body that was established, or is continued in
existence, for the purpose, or for purposes that include the purpose, of
enabling one or more employees to obtain the protection of
subsection (2).
6 Application of amendments
To avoid doubt, the amendments made by this Schedule apply in relation to
an employee’s absence even if the whole or a part of the absence occurred
before the commencement of this item.