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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Workplace
Relations Amendment (Transmission of Business) Bill
2001
No. ,
2001
(Employment, Workplace Relations and Small
Business)
A Bill for an Act to amend the
Workplace Relations Act 1996, and for related purposes
ISBN: 0642 46880X
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
(Transmission of Business) Act 2001.
(1) This Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the
period of 6 months beginning on the day on which it 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repealed as set out in the applicable items in the Schedule concerned, and any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 Paragraph 170MB(1)(d)
Before “the new employer”, insert “subject to any order
of the Commission,”.
2 Paragraph 170MB(1)(f)
Before “a reference”, insert “subject to any order of the
Commission made for the purposes of paragraph (d),”.
3 Paragraph 170MB(2)(d)
Before “the new employer”, insert “subject to any order
of the Commission,”.
4 Paragraph 170MB(2)(f)
Before “a reference”, insert “subject to any order of the
Commission made for the purposes of paragraph (d),”.
5 After subsection 170MB(2)
Insert:
(2A) The Commission may make an order for the purposes of this section
that a new employer who is the successor, transmittee or assignee (whether
immediate or not) of the whole or part of a business referred to in
paragraph (1)(c) or (2)(c):
(a) is not bound by the certified agreement; or
(b) is bound by the certified agreement, but only to the extent specified
in the order.
The order must specify the day from which the order takes effect. That day
must not be before the day on which the order is made.
(2B) The Commission may make an order under this section on application by
the employer bound by the agreement.
(2C) Before making an order under this section, the Commission must give
the persons bound by the certified agreement an opportunity to make
submissions.
(2D) However, an organisation that is bound by a certified agreement made
in accordance with section 170LK may only make a submission if the
organisation has at least one member:
(a) whose employment is subject to the agreement; and
(b) whose industrial interests the organisation is entitled to represent
in relation to work that is subject to the agreement; and
(c) who requested the organisation to make a submission.
6 Subsection 494(3)
Repeal the subsection, substitute:
(3) Division 2 of Part VIB and related provisions of this Act
also have effect as if subsections 170MB(2), (2A), (2B), (2C) and (2D) were
repealed and the following provisions substituted:
(2) If:
(a) an employer is bound by a certified agreement; and
(b) the application for certification of the agreement stated that it was
made under Division 2 or under Division 2 as it operates because of
section 494; and
(c) at a later time, a new employer that is a constitutional corporation,
or the Commonwealth, or an employee (within the meaning of Part XV) in
Victoria, becomes the successor, transmittee or assignee (whether immediate or
not) of the whole or a part of the business concerned;
then, from the later time:
(d) subject to any order of the Commission, the new employer is bound by
the certified agreement, to the extent that it relates:
(i) to the whole or the part of the business; and
(ii) in the case of a new employer (within the meaning of Part XV) in
Victoria—to employees (within the meaning of Part XV) in Victoria;
and
(e) the previous employer ceases to be bound by the certified agreement,
to the extent that it relates:
(i) to the whole or the part of the business; and
(ii) in the case of a new employer (within the meaning of Part XV) in
Victoria—to employees (within the meaning of Part XV) in Victoria;
and
(f) subject to any order of the Commission made for the purposes of
paragraph (d), a reference in this Part to the employer includes a
reference to the new employer, and ceases to refer to the previous employer, to
the extent that the context relates:
(i) to the whole or the part of the business; and
(ii) in the case of a new employer (within the meaning of Part XV) in
Victoria—to employees (within the meaning of Part XV) in
Victoria.
(2A) The Commission may make an order for the purposes of
subsection (2) (as it applies under subsection 494(3)) that a new employer
who is the successor, transmittee or assignee (whether immediate or not) of the
whole or part of a business referred to in paragraph (2)(c):
(a) is not bound by the certified agreement; or
(b) is bound by the certified agreement, but only to the extent specified
in the order.
The order must specify the day from which the order takes effect. That day
must not be before the day on which the order is made.
(2B) The Commission may make an order under subsection (2A) (as it
applies under subsection 494(3)) on application by the employer bound by the
agreement.
(2C) Before making an order under subsection (2A) (as it applies
under subsection 494(3)), the Commission must give the persons bound by the
certified agreement an opportunity to make submissions.
(2D) However, an organisation that is bound by a certified agreement made
in accordance with section 170LK may only make a submission if the
organisation has at least one member:
(a) whose employment is subject to the agreement; and
(b) whose industrial interests the organisation is entitled to represent
in relation to work that is subject to the agreement; and
(c) who requested the organisation to make a submission.