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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 (Prohibition of Compulsory Union Fees) 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 provisions
etc. 8
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 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 |
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 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.
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repealed as set out in the applicable items in the Schedule concerned, and any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 170LU(2A)
Omit all the words after “contains”, substitute
“objectionable provisions (within the meaning of
section 298Z)”.
2 Paragraph 170MD(7)(e)
Omit “preference clauses”, substitute “objectionable
provisions”.
3 Subsection 298B(1)
Insert:
bargaining services means services provided by (or on behalf
of) an industrial association in relation to an agreement, or a proposed
agreement, under Part VIB (including the negotiation, making,
certification, operation, extension, variation or termination of the
agreement).
4 Subsection 298B(1)
Insert:
bargaining services fee means a fee (however described)
payable:
(a) to an industrial association; or
(b) to someone else in lieu of an industrial association;
wholly or partly for the provision, or purported provision, of bargaining
services, but does not include membership dues.
5 Section 298C
After “This Part”, insert “(except Divisions 6 and
7)”.
Note: The heading to section 298C is altered by
omitting “of this Part”.
6 At the end of subsection
298L(1)
Add:
; or (o) in the case of an employee or an independent contractor—has
not paid, has not agreed to pay, or does not propose to pay, a bargaining
services fee.
7 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 has not paid, has not agreed to pay, or does not propose to pay, a
bargaining services fee.
8 At the end of
section 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 has not paid, has not agreed to pay, or does not propose to pay, a
bargaining services fee.
9 At the end of Division 5 of
Part XA
Add:
(1) An industrial association, or an officer or member of an industrial
association, must not demand (whether orally or in writing) payment of a
bargaining services fee from another person.
(1A) Nothing in this section prevents an industrial association from
demanding payment of a bargaining services fee that is payable to the
association under a contract for the provision of bargaining services.
(2) 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.
An industrial association, or an officer or member of an industrial
association, must not take, or threaten to take, action against a person with
intent to coerce the person, or another person, to pay a bargaining services
fee.
To avoid doubt, nothing in this Division prevents an industrial
association from entering into a contract for the provision of bargaining
services with a person who is not a member of the association.
10 After Division 5 of
Part XA
Insert:
A person must not make a false or misleading representation about another
person’s liability to pay a bargaining services fee.
11 At the end of
section 298Y
Add:
(2) A provision of a certified agreement is void to the extent that it
requires payment of a bargaining services fee.
Note: The heading to section 298Y is altered by adding
at the end “etc.”
12 Subsection 298Z(5)
Repeal the subsection, substitute:
(5) An objectionable provision is:
(a) a provision (however described) of an award or a certified agreement
that requires or permits any conduct that would contravene this Part or that
would (if Division 2 were disregarded) contravene this Part; or
(b) a provision (however described) of a certified agreement that requires
payment of a bargaining services fee.
(6) For the purpose of determining whether a provision of an award or
certified agreement is an objectionable provision, it does not matter whether
that provision is void because of section 298Y.
(7) In subsection (5):
permits includes:
(a) purports to permit; and
(b) has the effect of permitting; and
(c) purports to have the effect of permitting.
requires includes:
(a) purports to require; and
(b) has the effect of requiring; and
(c) purports to have the effect of requiring.
Note: The heading to section 298Z is altered by
omitting “preference clauses” and substituting
“objectionable provisions”.
Part 2—Application
provisions etc.
13 Application of items 1 and
2
The amendments made by items 1 and 2 apply for the purpose of any
consideration by the Commission after the commencement of this item in relation
to a certified agreement, even if the application to the Commission was made
before that commencement.
14 Application of
item 11
The amendment made by item 11 applies in relation to any certified
agreement whether certified before or after the commencement of this
item.
15 Application of
item 12
The amendment made by item 12 applies in relation to:
(a) applications made before the commencement of this item but not decided
by the Commission before that commencement; and
(b) applications made after the commencement of this item in relation to
certified agreements certified before or after that commencement.
16 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 this item.