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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 (Compliance with Court and Tribunal Orders) 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
Part 1—Amendments 3
Part 2—Application of
amendment 14
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 (Compliance
with Court and Tribunal Orders) Act 2003.
(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 later of: |
|
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repealed as set out in the applicable items in the Schedule concerned, and any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 Section 210 of
Schedule 1B
After “(see Division 2)”, insert “or on whom the
Federal Court has imposed a pecuniary penalty by order under subsection 306(1)
for contravening a provision of Part 3 of Chapter 9 (see
Division 3)”.
2 At the end of Part 4 of Chapter 7 of
Schedule 1B
Add:
This Division imposes certain limitations and requirements on people who
hold, or wish to hold, office in an organisation and on whom the Federal Court
has imposed a pecuniary penalty by order under subsection 306(1) for
contravening a provision of Part 3 of Chapter 9.
Section 224 sets out the basic limitation for a person on whom a
pecuniary penalty has been imposed for contravening a provision of Part 3
of Chapter 9. The remaining sections in this Division deal with the ways
the rule in section 224 operates and may be modified.
In this Division, prescribed order, in relation to a
person, means an order made by the Federal Court under subsection 306(1)
imposing a pecuniary penalty on the person for contravening a provision of
Part 3 of Chapter 9.
(1) A certificate purporting to be signed by the registrar or other proper
officer of the Federal Court, stating that the Federal Court made an order under
subsection 306(1) on a specified day imposing a pecuniary penalty on a person
for contravening a provision of Part 3 of Chapter 9 is, for the
purpose of an application made under section 224, 225 or 226, evidence that
the order was made on that day.
(2) A certificate purporting to be signed by the registrar or other proper
officer of the Federal Court, stating that a person was found not to have
contravened a provision of Part 3 of Chapter 9 is, for the purpose of
an application made under section 224, 225 or 226, evidence of the facts
stated in the certificate.
(1) A person in relation to whom a prescribed order has been made is not
eligible to be a candidate for an election, or to be elected or appointed, to an
office in an organisation unless:
(a) on an application made under section 225 or 226 in relation to
the order:
(i) the person was granted leave to hold office in organisations;
or
(ii) the person was refused leave to hold office in organisations but,
under paragraph 225(2)(b) or 226(2)(b), the Federal Court specified a period for
the purposes of this subsection, and the period has elapsed since the day on
which the order was made; or
(b) in any other case—a period of 5 years has elapsed since the day
on which the order was made.
(2) If the Federal Court makes a prescribed order in relation to a person
who holds an office in an organisation, the person ceases to hold the office at
the end of the period of 28 days after the day on which the order is made
unless, within the period, the person makes an application to the Federal Court
under section 225 or 226.
(3) If a person who holds an office in an organisation makes an
application to the Federal Court under section 225 or 226 and the
application is not determined:
(a) except in a case to which paragraph (b) applies—within the
period of 3 months after the date of the application; or
(b) if the Court, on application by the person, has extended the
period—within that period as extended;
the person ceases to hold the office at the end of the period of 3 months
or the period as extended, as the case may be.
(4) The Court must not, under paragraph (3)(b), extend a period for
the purposes of subsection (3) unless:
(a) the application for the extension is made before the end of the period
of 3 months referred to in paragraph (3)(a); or
(b) if the Court has previously extended the period under
paragraph (3)(b)—the application for the further extension is made
before the end of the period as extended.
(5) An organisation, a member of an organisation or the Industrial
Registrar may apply to the Federal Court for a declaration whether, because of
the operation of this section or section 225 or 226:
(a) a person is not, or was not, eligible to be a candidate for election,
or to be elected or appointed, to an office in the organisation; or
(b) a person has ceased to hold an office in the organisation.
(6) The granting to a person, on an application made under
section 225 or 226 in relation to a prescribed order, of leave to hold
offices in organisations does not affect the operation of this section or
section 225 or 226 in relation to another order imposed on the
person.
(1) A person who:
(a) wants to be a candidate for election, or to be appointed, to an office
in an organisation; and
(b) within the immediately preceding period of 5 years, is a person in
relation to whom a prescribed order has been made;
may, subject to subsection (4), apply to the Federal Court for leave
to hold office in organisations.
(2) Where a person makes an application under subsection (1), the
Court may:
(a) grant the person leave to hold office in organisations; or
(b) refuse the person leave to hold office in organisations and specify,
for the purposes of subsection 224(1), a period of less than 5 years;
or
(c) refuse a person leave to hold office in organisations.
(3) A person who:
(a) holds an office in an organisation; and
(b) is a person in relation to whom a prescribed order has been made;
and
(c) on an application made under subsection (1) in relation to the
order, is, under paragraph (2)(b) or (c), refused leave to hold office in
organisations;
ceases to hold the office in the organisation.
(4) A person is not entitled to make an application under this section in
relation to a prescribed order if the person has previously made an application
under this section or under section 226 in relation to the order.
(1) If a prescribed order is made in relation to a person who holds an
office in an organisation, the person may, subject to subsection (4),
within 28 days after the order is made, apply to the Federal Court for leave to
hold office in organisations.
(2) If a person makes an application under subsection (1) for leave
to hold office in organisations, the Court may:
(a) grant the person leave to hold office in organisations; or
(b) refuse the person leave to hold office in organisations and specify,
for the purposes of subsection 224(1), a period of less than 5 years;
or
(c) refuse the person leave to hold office in organisations.
(3) A person who, on an application made under subsection (1), is,
under paragraph (2)(b) or (c), refused leave to hold office in
organisations ceases to hold the office concerned.
(4) A person is not entitled to make an application under this section in
relation to a prescribed order if the person has previously made an application
under this section or section 225 in relation to it.
For the purposes of exercising the power under section 225 or 226 to
grant or refuse leave to hold office in organisations to a person in relation to
whom a prescribed order has been made, the Federal Court must have regard
to:
(a) the nature of the contravention; and
(b) the circumstances of, and the nature of the person’s involvement
in, the contravention; and
(c) the general character of the person; and
(d) the fitness of the person to be involved in the management of
organisations, having regard to the contravention; and
(e) any other matter that, in the Court’s opinion, is
relevant.
(1) The Federal Court may, in spite of anything in the rules of any
organisation concerned, make such order to give effect to a declaration made
under subsection 224(5) as it considers appropriate.
(2) If an application is made to the Court under subsection
224(5):
(a) the person whose eligibility, or whose holding of office, is in
question must be given an opportunity of being heard by the Court; and
(b) if the application is made otherwise than by the organisation
concerned—the organisation must be given an opportunity of being heard by
the Court.
(3) Where an application is made to the Court under section 225 or
226, the organisation concerned must be given an opportunity of being heard by
the Court.
3 At the end of section 281 of
Schedule 1B
Add:
Part 3 sets out the general duties of officers and employees in
relation to orders or directions of the Federal Court or the
Commission.
4 At the end of Chapter 9 of
Schedule 1B
Add:
This Part sets out the general duties of officers and employees in relation
to orders or directions of the Federal Court or the Commission.
For the purposes of this Part, a person is involved in a
contravention if, and only if, the person has:
(a) aided, abetted, counselled or procured the contravention; or
(b) induced, whether by threats or promises or otherwise, the
contravention; or
(c) been in any way, by act or omission, directly or indirectly, knowingly
concerned in or party to the contravention; or
(d) conspired with others to effect the contravention.
In this Part:
(a) a reference to an officer of an organisation includes a reference to
an officer of a branch of an organisation; and
(b) a reference to an employee of an organisation includes a reference to
an employee of a branch of an organisation.
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction
under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an organisation.
(2) An officer or employee of the organisation must not do anything that
would cause the organisation to contravene the order or direction, knowing, or
reckless as to whether, the doing of the thing would result in the
contravention.
Note: This subsection is a civil penalty provision (see
section 305).
(3) An officer or employee of the organisation who is involved in a
contravention of the order or direction, or of subsection (2), contravenes
this subsection.
Note: This subsection is a civil penalty provision (see
section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction
under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an organisation; and
(d) the order or direction prohibits the organisation from doing
something.
(2) An officer or employee of the organisation must not do anything that
would contravene the order or direction if the order or direction had applied to
him or her, knowing, or reckless as to whether, the doing of the thing would
result in such a contravention.
Note: This subsection is a civil penalty provision (see
section 305).
(3) An officer or employee of the organisation who is involved in a
contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see
section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction
under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an officer of an
organisation.
(2) The officer must not knowingly or recklessly contravene the order or
direction.
Note: This subsection is a civil penalty provision (see
section 305).
(3) An officer or employee of the organisation who is involved in a
contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see
section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction
under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an officer of an organisation;
and
(d) the order or direction prohibits the officer from doing
something.
(2) An officer or employee of the organisation must not do anything that
would contravene the order or direction if the order or direction had applied to
him or her, knowing, or reckless as to whether, the doing of the thing would
result in such a contravention.
Note: This subsection is a civil penalty provision (see
section 305).
(3) An officer or employee of the organisation who is involved in a
contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see
section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction
under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an employee of an
organisation.
(2) The employee must not knowingly or recklessly contravene the order or
direction.
Note: This subsection is a civil penalty provision (see
section 305).
(3) An officer or employee of the organisation who is involved in a
contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see
section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction
under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an employee of an organisation;
and
(d) the order or direction prohibits the employee from doing
something.
(2) An officer or employee of the organisation must not do anything that
would contravene the order or direction if the order or direction had applied to
him or her, knowing, or reckless as to whether, the doing of the thing would
result in such a contravention.
Note: This subsection is a civil penalty provision (see
section 305).
(3) An officer or employee of the organisation who is involved in a
contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see
section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction
under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to a member of an
organisation.
(2) An officer or employee of the organisation who is involved in a
contravention of the order or direction contravenes this subsection.
Note: This subsection is a civil penalty provision (see
section 305).
5 After paragraph 305(2)(zj) of
Schedule 1B
Insert:
(zk) subsections 297(2) and (3), 298(2) and (3), 299(2) and (3), 300(2)
and (3), 301(2) and (3), 302(2) and (3), and 303(2) (officers’
duties);
6 After subsection 307(1) of
Schedule 1B
Insert:
Compensation for damage suffered—contravention of Part 3 of
Chapter 9
(1A) The Federal Court may order a person to compensate an organisation
for damage suffered by the organisation if:
(a) the person has contravened a civil penalty provision in Part 3 of
Chapter 9 in relation to the organisation; and
(b) the Court is satisfied that the organisation took reasonable steps to
prevent the contravention of the provision; and
(c) the damage resulted from the contravention.
The order must specify the amount of the compensation.
Note: The heading to subsection 307(1) of Schedule 1B
to the Workplace Relations Act 1996 is replaced by the heading
“Compensation for damage suffered—contravention of Part 2 of
Chapter 9”.
7 At the end of subsection 310(1) of
Schedule 1B
Add “(other than an order in relation to a contravention of a
provision covered by paragraph 305(2)(zk))”.
8 After subsection 310(1) of
Schedule 1B
Insert:
Application by Minister
(2) The Minister, or some other person authorised in writing by the
Minister under this subsection to make the application, may apply for an order
under this Part in relation to a contravention of a provision covered by
paragraph 305(2)(zk).
Part 2—Application
of amendment
9 Orders and directions of the Federal Court or
Commission
Division 2 of Part 3 of Chapter 9 of Schedule 1B to the
Workplace Relations Act 1996, added by item 4 of Schedule 1 to
this Act, applies in relation to:
(a) orders and directions made by the Federal Court or the Commission
before, on or after the commencement of Schedule 1 to this Act;
and
(b) acts done or omissions made on or after that commencement.