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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 (Prohibition of Compulsory Union Fees) 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 457964
Contents
Part 1—Amendments 3
Workplace Relations Act
1996 3
Part 2—Application provisions
etc. 6
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
(Prohibition of Compulsory Union Fees) Act 2001.
This Act commences on the 28th day after the day on which 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repealed as set out in the applicable items in the Schedule concerned, and any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 298B(1)
Insert:
bargaining services means services provided by (or on behalf
of) an industrial association in relation to the negotiation, making,
certification, extension, variation or termination of an agreement under
Part VIB.
2 Subsection 298B(1)
Insert:
non-compulsory fee means a fee or levy (however described)
that is payable wholly or partly for the provision of bargaining services
if:
(a) the fee or levy is payable to an industrial association or to someone
else on behalf of an industrial association; and
(b) the person who is liable to pay the fee or levy agrees, in writing and
before the bargaining services are provided, to pay the fee or levy.
3 At the end of subsection
298L(1)
Add:
; or (o) in the case of an employee or an independent contractor—has
paid, has agreed to pay, or proposes to pay, a non-compulsory fee; or
(p) in the case of an employee or an independent contractor—has not
paid, has not agreed to pay or does not propose to pay, any fee or levy (however
described) wholly or partly for the provision of bargaining services (whether or
not the fee or levy is a non-compulsory fee).
4 At the end of
section 298Q
Add:
(2) An industrial association, or an officer or member of an industrial
association, must not:
(a) take, or threaten to take, action having the effect, directly or
indirectly, of prejudicing a person in the person’s employment or possible
employment; or
(b) advise, encourage or incite a third person to take action having the
effect, directly or indirectly, of prejudicing a person in the person’s
employment or possible employment;
for the reason that, or for reasons that include the reason that, the
person:
(c) has paid, has agreed to pay, or proposes to pay, a non-compulsory fee;
or
(d) has not paid, has not agreed to pay, or does not propose to pay, any
fee or levy (however described) wholly or partly for the provision of bargaining
services (whether or not the fee or levy is a non-compulsory fee).
5 After section 298Q
Insert:
(1) An industrial association, or an officer or member of an industrial
association, must not demand or receive from a person who is not a member of the
association payment of a fee or levy (however described) wholly or partly for
the provision of bargaining services.
(2) Subsection (1) does not apply to the extent (if any) that the fee
or levy is a non-compulsory fee or membership dues.
(3) In this section:
demand includes:
(a) purport to demand; and
(b) have the effect of demanding; and
(c) purport to have the effect of demanding.
6 At the end of subsection
298S
Add:
(3) An industrial association, or an officer or member of an industrial
association, must not:
(a) advise, encourage or incite a person (whether an employer or not) to
take discriminatory action against an eligible person for a prohibited reason;
or
(b) take, or threaten to take, industrial action against an employer with
intent to coerce the employer to take discriminatory action against an eligible
person for a prohibited reason; or
(c) take, or threaten to take, industrial action against an eligible
person for a prohibited reason.
(4) Conduct mentioned in subsection (3) is carried out for a
prohibited reason if it is carried out because the eligible person
concerned:
(a) has paid, has agreed to pay, or proposes to pay, a non-compulsory fee;
or
(b) has not paid, has not agreed to pay, or does not propose to pay, any
fee or levy (however described) wholly or partly for the provision of bargaining
services (whether or not the fee or levy is a non-compulsory fee).
Part 2—Application
provisions etc.
7 Definition
In this Part:
Principal Act means the Workplace Relations Act
1996.
8 Application of
Part 1
The amendments made by Part 1 of this Schedule apply for the purpose
of any consideration by the Commission, after the commencement of that Part, of
whether to certify an agreement under section 170LU of the Principal Act,
even if the application for certification was made before that
commencement.
9 Application of section 298QA of Principal
Act
(1) Section 298QA of the Principal Act applies to a demand made on or
after the commencement of item 5 by an industrial association, or an
officer or member of an industrial association, to pay a fee or levy (however
described) wholly or partly for the provision of bargaining services.
(2) Section 298QA of the Principal Act applies to a receipt (on or
after the commencement of item 5) by an industrial association, or an
officer or member of an industrial association, of a fee or levy (however
described) wholly or partly for the provision of bargaining services.
10 Payments received before
commencement
To avoid doubt, the amendments made by Part 1 of this Schedule do not
affect payments received before the commencement of that Part.