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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 (Registered Organisations) (Consequential Provisions) Bill
2001
No. ,
2001
(Employment, Workplace Relations and Small
Business)
A Bill for an Act to deal with
matters consequential on the enactment of the Workplace Relations (Registered
Organisations) Act 2001, and for other purposes
ISBN: 0642 457972
Contents
Part 1—General 3
Part 2—Registered
organisations 7
Part 3—Rules of
organisations 13
Part 4—Membership of
organisations 16
Part 5—Democratic
control 17
Part 6—Records, accounts and conduct of
officers 20
Part 7—Miscellaneous 34
Administrative Decisions (Judicial Review) Act
1977 52
Builders Labourers’ Federation (Cancellation of
Registration—Consequential Provisions) Act
1986 52
Commonwealth Authorities and Companies Act
1997 55
Commonwealth Electoral Act
1918 55
Corporations Act
2001 55
Crimes Act
1914 56
Disability Discrimination Act
1992 56
Equal Opportunity for Women in the Workplace Act
1999 56
Federal Court of Australia Act
1976 56
Human Rights and Equal Opportunity Commission Act
1986 57
Income Tax Assessment Act
1936 57
Insurance Act
1973 57
Jurisdiction of Courts (Cross-vesting) Act
1987 57
Life Insurance Act
1995 57
Long Service Leave (Commonwealth Employees) Act
1976 58
National Crime Authority Act
1984 58
Navigation Act
1912 58
Occupational Health and Safety (Commonwealth Employment) Act
1991 58
Petroleum (Submerged Lands) Act
1967 58
Sex Discrimination Act
1984 59
Superannuation Act
1976 59
Superannuation Industry (Supervision) Act
1993 59
United States Naval Communication Station (Civilian Employees) Act
1968 59
A Bill for an Act to deal with matters consequential on
the enactment of the Workplace Relations (Registered Organisations) Act
2001, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations (Registered
Organisations) (Consequential Provisions) Act 2001.
(1) Sections 1, 2 and 3 commence on the day on which this Act
receives the Royal Assent.
(2) Items 4, 5, 8, 10, 11, 12, 15, 16, 19, 21, 25, 27 and 31 of
Schedule 3 are taken to have commenced immediately after the commencement
of item 1 of Schedule 19 to the Workplace Relations and Other
Legislation Amendment Act 1996.
(3) Item 29 of Schedule 3 is taken to have commenced immediately
after the commencement of section 15 of the Industrial Relations
Legislation Amendment Act 1990.
(4) Items 37 to 40 of Schedule 3 commence immediately after the
later of the following:
(a) the commencement of item 1 of Schedule 1 to this
Act;
(b) the commencement of item 1 of Schedule 1 to the Financial
Services Reform Act 2001.
(5) The remaining provisions of this Act commence on a day or days to be
fixed by Proclamation.
(6) If a provision of this Act does not commence under subsection (5)
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Subject to section 2, 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 Definitions
(1) In this Schedule:
commencement means the commencement of this item.
repealed provision means a provision of the WR Act repealed
by this Act.
RO Act means the Workplace Relations (Registered
Organisations) Act 2001.
WR Act means the Workplace Relations Act
1996.
(2) If a provision of the WR Act, as in force immediately before
commencement, and a provision of the RO Act have substantially the same effect,
each provision is, in relation to the other, a corresponding
provision.
(3) An expression used in this Schedule and in the RO Act has the same
meaning in this Schedule as it has in that Act.
2 Orders etc. continue in
force
An authorisation, certificate, decision, declaration, determination,
direction, exemption, injunction, order, notice or permission that:
(a) was made, given or granted under a repealed provision; and
(b) was in force immediately before commencement;
continues in force on and after commencement as if it had been made, given
or granted under the corresponding provision of the RO Act.
3 Certain obligations
continue
If:
(a) a person or body had an obligation imposed under a repealed provision
to do an act or thing for a specified period, or within a specified period;
and
(b) immediately before commencement, that period had not ended;
the provision continues to operate in relation to the obligation of the
person or body as if it had not been repealed.
4 Terms of office continue
If:
(a) a person was elected to an office under a repealed provision;
and
(b) immediately before commencement, the term of office for which the
person was elected had not ended;
the person continues to hold office, subject to the RO Act, for the
remainder of the term for which the person was elected.
5 Proceedings etc. commenced under WR Act
continue under WR Act
(1) If, immediately before commencement, a proceeding (whether or not
initiated by an application) in a matter arising under a repealed provision was
pending in a court, the WR Act continues to apply in relation to the proceeding
as if the amendments made by this Act had not been made.
(2) If, immediately before commencement, a proceeding (whether or not
initiated by an application) before the Commission in a matter arising under a
repealed provision has not been completed, the WR Act continues to apply in
relation to the proceeding as if the amendments made by this Act had not been
made.
(3) If, immediately before commencement, a matter (whether or not initiated
by an application) under a repealed provision is before an Industrial Registrar,
the WR Act continues to apply in relation to the matter as if the amendments
made by this Act had not been made.
(4) If, in relation to the proceeding or matter mentioned in
subitem (1), (2) or (3), the court, Commission or Industrial Registrar
makes an order on or after commencement, the order is taken to have been made
under the corresponding provision of the RO Act and not under the repealed
provision, under which (apart from this subitem) the order would have been
made.
(5) If a penalty is imposed as a result of the order, the penalty is the
penalty applicable under the WR Act as in force immediately before commencement
and not the penalty applicable under the RO Act.
(6) In this item:
make includes give or grant.
order includes authorisation, certificate, decision,
declaration, determination, direction, exemption, injunction, notice or
permission.
6 Pre-commencement WR Act continues for
transitional purposes
If a repealed provision is continued in operation after commencement by
this Act:
(a) any other provisions of the WR Act that are necessary for the
effective operation and enforcement of the repealed provision; and
(b) any provisions of regulations made under provisions mentioned in
paragraph (a) that are necessary for the effective operation and
enforcement of the repealed provision;
continue to operate as if the amendments made by this Act had not been
made.
7 RO Act regulations may extend to transitional
applications etc.
In section 338 of the RO Act, references to applications and
proceedings under that Act include references to applications and proceedings
that are to be dealt with or completed under that Act because of this
Act.
8 Power of President of the Commission to
resolve difficulties
If a difficulty arises in the application of this Act to a particular
proceeding or matter before the Commission or the Industrial Registrar, the
President of the Commission may, subject to any order made by the Federal Court
of Australia under item 9, give directions not inconsistent with the RO Act
to resolve the difficulty.
9 Power of Federal Court of Australia to resolve
difficulties
(1) If a difficulty arises in:
(a) the application of this Act in relation to a particular matter;
or
(b) the application, in relation to a particular matter, of a provision of
the RO Act because of the operation of this Act;
the Federal Court of Australia may, on the application of an interested
person, make any order it considers proper to resolve the difficulty.
(2) An order made under subitem (1) has effect in spite of anything
contained in this Act, in the RO Act or in any Act in force immediately before
commencement.
(3) The Federal Court of Australia has jurisdiction with respect to matters
arising under this Act in relation to which applications may be made to it under
subitem (1).
10 General rules are subject to specific
rules
This Part has effect subject to the following Parts of this
Schedule.
Part 2—Registered
organisations
11 Register of
organisations
The register of organisations required to be kept by the Industrial
Registry under paragraph 63(1)(a) of the WR Act as in force immediately before
commencement is taken to be the register of organisations required to be kept by
the Industrial Registry under paragraph 11(1)(a) of the RO Act.
12 Applications for
registration
If an application for registration as an organisation was made but not
determined under the WR Act before commencement, the application is to be
determined under the WR Act as if the amendments made by this Act had not been
made.
13 Acts or omissions relevant to prohibited
conduct
In sections 19 and 20 of the RO Act:
(a) references to acts done or omitted under that Act include references
to acts done or omitted under the WR Act; and
(b) references in those sections to section 16 of the RO Act include
references to the corresponding provision of the WR Act.
14 Correction of errors in rules of association
applying for registration
If an application for registration as an organisation had been made but not
determined under the WR Act before commencement, the Commission may grant leave
to the applicant association under paragraph 24(1)(c) of the RO Act, despite
item 12.
15 Registration as an organisation
continues
(1) A body that was an organisation under the WR Act immediately before
commencement is taken to have been registered under section 17 or
section 18 of the RO Act (as the case requires).
(2) Subject to this Schedule, the operation of subitem (1) in relation
to an organisation does not otherwise affect the organisation or the operation
of the WR Act (as in force after commencement) in relation to it.
(3) If:
(a) an organisation is taken to be registered under the RO Act because of
the operation of subitem (1); and
(b) immediately before commencement, an undertaking given by the
organisation under subsection 189(2) of the WR Act was in force;
the undertaking is, after commencement, taken to have been given under
subsection 17(2) of the RO Act.
(4) In subsection 25(6) of the RO Act:
(a) the reference to a certificate of registration issued under
subsection (4) of that section includes a reference to a certificate issued
under subsection 191(4) of the WR Act as in force immediately before
commencement; and
(b) the reference to a certificate as amended under section 158 of
the RO Act includes a reference to a certificate as amended under
section 206 of the WR Act as in force immediately before
commencement.
16 Representation orders
(1) Subsection 130(2) of the RO Act applies to the following
orders:
(a) orders made by the Commission under subsection 130(1) of that Act on
or after commencement;
(b) orders taken to have been made under that subsection because of
item 2 or item 5.
(2) Section 135 of the RO Act applies to the following
orders:
(a) orders made by the Commission under paragraph 130(1)(a) of that Act on
or after commencement;
(b) orders taken to have been made by the Commission under that paragraph
because of item 2 or item 5.
17 Applications for
amalgamation
If an application for approval for the submission of an amalgamation to
ballot was made under section 242 of the WR Act but not determined before
commencement, Division 7 of Part IX of the WR Act continues to apply
in relation to the amalgamation as if the amendments made by this Act had not
been made.
Note: This general rule is subject to some exceptions in
relation to particular aspects of amalgamation proceedings (see, for example,
item 20 (ballots)).
18 Applications for recognition as a
federation
(1) If an application for recognition as a federation was made under
section 236 of the WR Act but not determined before commencement, the
application is to be determined under the WR Act as if the amendments made by
this Act had not been made.
(2) For the purposes of applying subitem (1), each reference in
section 236 of the WR Act to section 242 of that Act includes a
reference to section 54 of the RO Act.
19 Applications for community of interest
declaration
(1) If an application for a declaration was made under section 241 of
the WR Act but not determined before commencement, the application is to be
determined under the WR Act as if the amendments made by this Act had not been
made.
(2) For the purposes of applying subitem (1), each reference in
section 241 of the WR Act to section 242 of that Act includes a
reference to section 54 of the RO Act.
20 Amalgamation ballots approved after
commencement
If, on or after commencement, the Commission approves the submission of an
amalgamation to ballot and the ballot (the approved ballot) is,
because of the operation of item 17, to be conducted under the WR
Act:
(a) in addition to the requirements of the WR Act, subsections 75(6) and
(7) of the RO Act apply in relation to the approved ballot; and
(b) the reference in subsection 75(6) of the RO Act to a ballot conducted
under that section includes a reference to the approved ballot.
21 Withdrawal from
amalgamation—application made before commencement
etc.
(1) If an application for a ballot was made under section 253ZJ of the
WR Act but not determined before commencement, Subdivision B of Division 7A
of Part IX of the WR Act continues to apply in relation to:
(a) the application; and
(b) any ballot ordered by the Federal Court of Australia in granting the
application;
as if the amendments made by this Act had not been made.
(2) However:
(a) section 105 of the RO Act applies in relation to the application;
and
(b) if the application is granted, section 111, paragraph 112(2)(d)
and subsection 112(3) of the RO Act apply in relation to the ballot ordered by
the Federal Court of Australia in granting the application.
22 Certified agreements made after withdrawal
etc.
(1) Section 123 of the RO Act applies in relation to a newly
registered organisation that was registered before commencement as if
paragraph (1)(a) were omitted and the following paragraph were
substituted:
(a) is made on or after commencement of this section; and
(2) Section 123 of the RO Act applies in relation to a newly
registered organisation that was registered before commencement as if
subsection (4) were omitted and the following subsection were
substituted:
(4) Subsection (2) ceases to have effect on the day occurring 5 years
after the commencement of this section.
23 Organisation not to penalise members in
relation to withdrawal from amalgamation
(1) Section 128 of the RO Act applies to amalgamated organisations and
officers and members of such organisations in relation to any conduct of the
organisation that occurs on or after commencement.
(2) For the purposes of applying subitem (1), the reference in
subsection 128(1) of the RO Act to section 127 of that Act includes a
reference to section 253ZW of the WR Act as in force immediately before
commencement.
24 Withdrawal from
amalgamation—application made after commencement
For the purposes of applying Part 3 of Chapter 3 of the RO Act to
an organisation that became an amalgamated organisation under the WR Act,
references in that Part to a provision or provisions of the RO Act are taken to
include references to the corresponding provision or provisions of the WR
Act.
25 Grounds for
deregistration
(1) An application under the RO Act for cancellation of the registration of
an organisation cannot be made, in relation to conduct occurring before
commencement, on the grounds set out in the following provisions of the RO
Act:
(a) section 31 (failure to comply with injunction about industrial
action or lockout);
(b) paragraph 32(c) (failure to comply with injunctions under
section 298U of the WR Act).
(2) An application under the RO Act for cancellation of the registration of
an organisation may be made, in relation to conduct occurring before
commencement, on the grounds set out in the following provisions of the RO
Act:
(a) section 28 (conduct preventing or hindering object of the WR
Act);
(b) section 29 (industrial action interfering with trade or commerce
etc.);
(c) section 30 (industrial action affecting community safety, health
or welfare);
(d) paragraphs 32(a) and (b) (failure to comply with injunctions under
section 127 or 187AD of the WR Act).
(3) For the purposes of applying paragraph (2)(a) of this
item:
(a) the reference in section 28 of the RO Act to an object of the RO
Act is taken to be omitted; and
(b) a reference in section 28 of the RO Act to the Workplace
Relations Act is taken to be a reference to that Act as in force before
commencement.
26 Existing rules
Rules of a registered organisation that were in force immediately before
commencement continue in force on and after commencement but may be altered
under the RO Act.
Note: For transitional provisions applying to rule changes
that were in the process of being certified at commencement, see
item 5.
27 New rule requirements
(1) This item applies only to the extent that it concerns alterations of
rules of an organisation required to bring them into conformity with the RO Act
where:
(a) the organisation is taken to be registered under the RO Act because of
subitem 15(1); and
(b) the requirements (the new rule requirements) are
provided for in the RO Act but not in the WR Act (as in force immediately before
commencement).
(2) The Industrial Registrar must not exercise the power conferred by
subsection 154(1) of the RO Act in relation to the new rule requirements until
the end of the interim period.
Note: This means that the Industrial Registrar cannot alter
an organisation’s rules to bring them into conformity with the RO Act if
the requirement for the particular rule is imposed by the RO Act only and did
not exist under the WR Act (as in force immediately before
commencement).
(3) For the purposes of this item, the interim period is the
period of:
(a) 6 months immediately after commencement; or
(b) in relation to an organisation that has been granted an extension by a
Registrar—6 months immediately after commencement, extended by the period
determined by the Registrar in granting the extension.
(4) If, within 6 months immediately after commencement, an organisation
applies to a Registrar for an extension of the interim period beyond the period
mentioned in paragraph (3)(a), the Registrar may extend the period in
relation to the organisation. The period must not be extended by more than 6
months.
(5) In determining an application for an extension under subitem (4),
the Registrar must take into account:
(a) the ability of the organisation to make the necessary changes to its
rules within 6 months immediately after commencement; and
(b) any other matter the Registrar considers relevant.
28 Review of rules by Industrial
Registrar
As soon as practicable after the end of the interim period applying to an
organisation under item 27, the Industrial Registrar must review the rules
of the organisation.
Note: If the Industrial Registrar finds that an
organisation’s rules do not meet the requirements of the RO Act, the
Industrial Registrar may alter the rules to bring them into conformity with the
Act (see section 154 of the RO Act).
29 Rules relating to retirement age of
office-holders
If, immediately before commencement, the rules of an organisation made
provision as set out in paragraph 199(1)(b) of the WR Act, those
rules:
(a) continue to apply to a person elected to a full-time office in an
election for which nominations were called before commencement; and
(b) do not apply to a person elected in an election for which nominations
were called on or after commencement.
Note: Although the rules relating to retirement age may have
some continuing application under this item, they must still be removed from the
organisation’s rules during the interim period applying to it under
item 27 in order for the rules to conform with section 143 of the RO
Act.
30 Membership agreements between organisation
and State union
(1) An agreement that was made under section 202 of the WR Act and was
in force immediately before commencement continues in force after commencement
as if it had been made under Subdivision B of Division 4 of Part 2 of
Chapter 5 of the RO Act.
(2) If a copy of an agreement made under section 202 of the WR Act was
lodged in the Industrial Registry but had not come into force before
commencement, the WR Act continues to apply in relation to the agreement as if
the amendments made by this Act had not been made.
(3) If a copy of an agreement to terminate made under subsection 202(11) of
the WR Act was lodged in the Industrial Registry but had not taken effect before
commencement, the WR Act continues to apply in relation to the agreement as if
the amendments made by this Act had not been made.
31 Certain alterations of rules to be
recorded
If, under the WR Act:
(a) there was a change in the name of an organisation or an alteration of
the eligibility rules of an organisation; and
(b) the Industrial Registrar had not taken the actions required under
section 206 of that Act before commencement in relation to the change or
alteration;
section 158 of the RO Act applies in relation to the change or
alteration as if the change or alteration had occurred on or after
commencement.
32 Evidence of rules
In section 159 of the RO Act, the reference to a copy of the rules of
an organisation certified by a Registrar includes a reference to a copy
certified by a Registrar under the WR Act.
Part 4—Membership
of organisations
33 Resignation from
membership
If a member of an organisation gave notice of resignation from membership
under section 264 of the WR Act but the notice did not take effect before
commencement, section 264 of the WR Act continues to apply in relation to
the resignation, and to any outstanding dues of the member, as if the amendments
made by this Act had not been made.
34 Recovery of arrears
(1) Section 176 of the RO Act applies only to amounts that become
payable on or after the commencement of that section.
(2) Sections 264A and 265 of the WR Act continue to apply to amounts
that became payable before commencement as if the amendments made by this Act
had not been made.
35 Elections for offices
(1) Subject to item 39, the RO Act (except section 186) applies
in relation to each step (including the calling of nominations) started on or
after commencement relating to an election for an office in an organisation, or
a branch of an organisation, that is required to be conducted by the Australian
Electoral Commission.
(2) The WR Act as in force immediately before commencement continues to
apply in relation to each step (including the calling of nominations) started
but not completed before commencement relating to an election for an office in
an organisation, or a branch of an organisation, that is required to be
conducted by the Australian Electoral Commission.
36 Elections completed before
commencement
The WR Act as in force immediately before commencement continues to apply
in relation to:
(a) elections held under that Act that were completed before commencement;
and
(b) inquiries into those elections.
37 Inquiries into elections
(1) To avoid doubt, the Electoral Commissioner must make an application
under subsection 198(2) of the RO Act for an inquiry by the Federal Court of
Australia into an irregularity in relation to an election for an office if at
least one step in relation to the election started on or after commencement even
if the irregularity concerned conduct relating to a step started before
commencement.
(2) To avoid doubt, the Electoral Commissioner may make an application
under subsection 198(3) of the RO Act for an inquiry by the Federal Court of
Australia into an irregularity in relation to an election for an office if at
least one step in relation to the election started on or after commencement even
if the irregularity concerned conduct relating to a step that started before
commencement.
38 Action after inquiries into
elections
(1) If, after an inquiry into an election where the inquiry was conducted
under Division 5 of Part IX of the WR Act because of item 36, the
Federal Court of Australia orders a new election to be held, the RO Act applies
to the new election.
(2) If, after an inquiry into an election where the inquiry was conducted
under Division 5 of Part IX of the WR Act because of item 36, the
Federal Court of Australia makes an order other than an order that a new
election be held, the RO Act applies to the action the subject of the
order.
39 Post election report by Australian Electoral
Commission
Section 195 of the RO Act applies only in relation to an election
conducted under Part 2 of Chapter 7 of that Act where each step in
relation to the election (including the calling of nominations) occurs on or
after commencement.
40 Applications for leave to hold
office
(1) If an application was made under section 229 or 230 of the WR Act
but not determined before commencement, that Act continues to apply in relation
to the application as if the amendments made by this Act had not been
made.
(2) Subsection 213(4) of the RO Act has effect after commencement as if
“or under section 229 or 230 of the Workplace Relations Act as in
force immediately before the commencement of this section” were inserted
after “section 214”.
(3) Subsection 214(4) of the RO Act has effect after commencement as if
“or under section 229 or 230 of the Workplace Relations Act as in
force immediately before the commencement of this section” were inserted
after “section 213”.
41 Prescribed offences
Section 209 of the RO Act has effect as if the following paragraph
were inserted before paragraph (a):
(aa) a prescribed offence within the meaning of section 227 of the
Workplace Relations Act as in force immediately before the commencement of this
section; or
42 Certain persons disqualified from holding
office in organisations
Section 212 of the RO Act applies in relation to a person who was
convicted of a prescribed offence before commencement as if the following
paragraph were inserted before paragraph (1)(a):
(aa) on an application made under section 229 or 230 of that Act (as
in force immediately before the commencement of this section) in relation to the
conviction of the person for the prescribed offence:
(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 229(2)(b) or 230(2)(b) of that Act (as in force immediately
before the commencement of this section), the Court specified a period for the
purposes of subsection 228(1) of that Act (as in force immediately before the
commencement of this section), and the period has elapsed since the person was
convicted of the prescribed offence or, if the person served a term of
imprisonment in relation to the prescribed offence, since the person was
released from prison; or
Part 6—Records,
accounts and conduct of officers
43 Records to be kept and lodged by
organisations
(1) The register of members kept by an organisation under paragraph
268(1)(a) of the WR Act as in force immediately before commencement is taken to
be the register of members required (as from commencement) to be kept by the
organisation under paragraph 219(1)(a) of the RO Act.
(2) The lists mentioned in paragraphs 268(1)(b) and (c) of the WR Act as in
force immediately before commencement are taken to be the lists required (as at
commencement) to be kept by the organisation under paragraphs 219(1)(b) and (c)
of the RO Act.
(3) To the extent that Part 2 of Chapter 9 of the RO Act applies
to contraventions of subsection 219(1) or (2) or section 220 of the RO Act,
it applies only to contraventions that occur on or after commencement.
(4) Section 221 of the RO Act applies only to conduct occurring on or
after commencement.
44 Loans, grants and
donations
(1) Section 226 of the RO Act applies in relation to each financial
year of an organisation that starts on or after commencement.
(2) Section 269 of the WR Act continues to apply in relation to the
financial year of an organisation that had started, but had not ended, before
commencement as if the amendments made by this Act had not been made.
45 Accounts and audit—application of
Part 3 of Chapter 8 of RO Act
(1) Part 3 of Chapter 8 of the RO Act (except sections 231,
232, 233, 234, 235, 236, 238 and 240 and Subdivision B of Division 3)
applies to each financial year of an organisation that starts on or after the
commencement of the reporting guidelines.
(2) Subdivision B of Division 3 of Part 3 of Chapter 8
applies from commencement.
(3) Sections 231, 232, 233, 234, 235, 236, 238 and 240 of the RO Act
apply in relation to an organisation after commencement.
(4) If, because of subitem (3), a certificate is issued in relation to
an organisation under section 234 of the RO Act during the transition
period, section 237 of the RO Act has effect in relation to that
certificate as if paragraph (a) were omitted and the following paragraph
were substituted:
(a) the first financial year of the organisation concerned that starts
after the commencement of the reporting guidelines; and
(5) If, because of subitem (3), an alteration to the rules under
section 235 of the RO Act is certified in relation to a reporting unit
during the transition period, section 239 of the RO Act has effect in
relation to that alteration as if subsection (1) were omitted and the
following subsection were substituted:
(1) An alteration to rules under section 235 takes effect at the
beginning of the first financial year of the organisation concerned that starts
after commencement of the reporting guidelines.
(6) If, because of subitem (3), an alteration to rules under
section 236 of the RO Act is determined in relation to a reporting unit
during the transition period, section 239 of the RO Act has effect in
relation to that alteration as if subsection (1) were omitted and the
following subsection were substituted:
(1) An alteration to rules of an organisation under section 236 takes
effect at the beginning of the first financial year of the organisation
concerned that starts after commencement of the reporting guidelines.
(7) If, because of subitem (3), an alteration to rules under
section 238 of the RO Act is certified in relation to a reporting unit
during the transition period, section 239 of the RO Act has effect in
relation to that alteration as if subsection (1) were omitted and the
following subsection were substituted:
(1) An alteration to rules under section 238 takes effect immediately
after the certificate concerned takes effect.
(8) This item has effect subject to item 47.
(9) In this item:
transition period, in relation to an organisation, means the
period from commencement to the beginning of the first financial year of the
organisation that starts on or after the commencement of the reporting
guidelines.
46 Accounting records
(1) If an organisation, or a branch of an organisation, corresponds to a
reporting unit, the accounting records of the organisation or branch are taken
to be the financial records of the reporting unit.
(2) If an organisation, or a branch of an organisation, corresponds to 2 or
more reporting units, the accounting records of the organisation or branch are
taken to be the financial records of each of the reporting units.
(3) If 2 or more organisations, or branches of an organisation, correspond
to one reporting unit, the accounting records of each organisation or branch are
taken to be the financial records of the reporting unit.
(4) In this item:
organisation means an organisation registered under the WR
Act immediately before commencement.
reporting unit has the meaning given by section 231 of
the RO Act.
47 Members’ access to accounting
records
The RO Act has effect in relation to an organisation:
(a) on and after commencement; and
(b) before the start of the first financial year of the organisation after
the commencement of the reporting guidelines;
as if Division 7 of Part 3 of Chapter 8 of that Act were
omitted and the following Division were substituted:
In this Division:
accounting records, in relation to an organisation,
includes books of account and such working papers and other documents as are
necessary to explain the methods and calculations by which the accounts of the
organisation are made up.
commencement means the commencement of Schedule 1 to the
Workplace Relations (Registered Organisations) (Consequential Provisions) Act
2001.
organisation has the same meaning as in the Workplace
Relations Act as in force immediately before commencement.
(1) If an organisation is divided into branches:
(a) this Division (other than this section) applies in relation to the
organisation as if the financial affairs (including transactions) of a branch
did not form part of those of the organisation; and
(b) this Division (other than this section) applies in relation to each of
the branches as if the branch were itself an organisation.
(2) For the purposes of the application of this Division, in accordance
with paragraph (1)(b), in relation to a branch of an organisation, the
members of the organisation constituting the branch are taken to be members of
the branch.
(1) A member of an organisation, or a Registrar, may apply to the
organisation for specified prescribed information in relation to the
organisation to be made available to the person making the
application.
(2) The application must be in writing and must specify the period within
which, and the manner in which, the information is to be made available. The
period must not be less than 14 days after the application is given to the
organisation.
(3) An organisation must comply with an application made under
subsection (1).
Note: This subsection is a civil penalty provision (see
section 284).
(4) A Registrar may only make an application under subsection (1) at
the request of a member of the organisation concerned, and the Registrar must
provide to a member information received because of an application made at the
request of the member.
(5) Accounts prepared under section 273 of the Workplace Relations
Act as in force immediately before commencement must include a notice drawing
attention to subsections (1), (2) and (3) of this section and setting out
those subsections.
Note: This subsection is a civil penalty provision (see
section 284).
(6) Without limiting the information that may be prescribed under
subsection (1), the information prescribed must include details (including
the amount) of any fees paid by the organisation for payroll deduction services
provided by a person who is an employer of the member making the application for
information.
(1) On application by a member of an organisation, the Commission may make
an order:
(a) authorising the applicant to inspect the accounting records of the
organisation; or
(b) authorising another person (whether a member or not) to inspect the
accounting records of the organisation on the applicant’s
behalf.
(2) The Commission may only make the order if it is satisfied:
(a) that the applicant is acting in good faith; and
(b) there are reasonable grounds for suspecting a breach of:
(i) a provision of Division 11 of Part IX of the Workplace
Relations Act as in force immediately before commencement; or
(ii) a regulation made for the purposes of Division 11 of
Part IX of the Workplace Relations Act as in force immediately before
commencement; or
(iii) a rule of an organisation relating to its finances or financial
administration; and
(c) it is reasonable to expect that an examination of the accounting
records will assist in determining if there is such a breach.
(3) A person authorised to inspect the accounting records may make copies
of the accounting records unless the Commission orders otherwise.
(1) A person must not make an application under section 262 that is
vexatious or without reasonable cause.
Note: This subsection is a civil penalty provision (see
section 284).
(2) If the Commission considers an application under section 262 to
be vexatious or without reasonable cause, the Commission must dismiss the
application as soon as possible.
Note: Costs may be available under
section 308.
If the Commission makes an order under section 262, the Commission
may make any other orders it considers appropriate, including any or all of the
following:
(a) an order limiting the use that a person who inspects the accounting
records may make of information obtained during the inspection;
(b) an order limiting the right of a person who inspects the accounting
records to make copies in accordance with subsection 262(3);
(c) an order that the organisation is not required to provide the names
and addresses of its members.
(1) An applicant who inspects the accounting records under
section 262, or a person who inspects the accounting records on behalf of
an applicant, must not disclose information obtained during the inspection
unless the disclosure is to:
(a) a Registry official; or
(b) the applicant.
(2) A person who receives information under paragraph (1)(a) or (b)
must not disclose the information other than to another person covered by one of
those paragraphs.
Note: This section is a civil penalty provision (see
section 284).
The committee of management of an organisation, or the organisation by a
resolution passed at a general meeting, may authorise a member to inspect
accounting records of the organisation.
(1) If, as a result of inspecting the accounting records of an
organisation, a person reasonably believes that a breach of:
(a) a provision of Division 11 of Part IX of the Workplace
Relations Act as in force immediately before commencement; or
(b) a regulation made for the purposes of Division 11 of Part IX
of the Workplace Relations Act as in force immediately before commencement;
or
(c) a rule of an organisation relating to its finances or financial
administration;
may have occurred, the person must give the Industrial Registry written
notice to that effect and give to the Industrial Registry any relevant
information obtained during the inspection.
(2) If the Industrial Registry receives notice under subsection (1)
and the Commission is satisfied that there are reasonable grounds for believing
that there has been a breach of:
(a) a provision of Division 11 of Part IX of the Workplace
Relations Act as in force immediately before commencement; or
(b) a regulation made for the purposes of Division 11 of Part IX
of the Workplace Relations Act as in force immediately before commencement;
or
(c) a rule of an organisation relating to its finances or financial
administration;
the Commission must refer the matter to the Industrial Registrar.
Note: Where a matter is referred, it will be investigated
under section 313.
For the purposes of this Division, the Commission must be constituted by
a Presidential Member.
48 Accounts and audit—continued
application of Division 11 of Part IX of WR Act
(1) Division 11 of Part IX of the WR Act continues to apply in
relation to:
(a) each financial year of an organisation that starts after commencement
and ends before the commencement of the reporting guidelines; and
(b) the financial year of an organisation that had started, but had not
ended, before the commencement of the reporting guidelines;
as if the amendments made by this Act had not been made.
(2) Subsections 280(2), (3), (4), (5), (6) and (10) and sections 280A
and 280B of the WR Act continue to apply in relation to investigations into
conduct where the investigations had started under any of those provisions
before commencement, as if the amendments made by this Act had not been
made.
49 Inquiries and
investigations—transitional operation
The RO Act has effect in relation to:
(a) conduct under Division 11 of Part IX of the WR Act as
continued in operation because of subitem 48(1); and
(b) conduct under that Division before commencement (except conduct to
which subitem 48(2) applies);
as if Part 4 of Chapter 10 of that Act were omitted and the
following Part were substituted:
In this Part:
commencement means the commencement of Schedule 1 to the
Workplace Relations (Registered Organisations) (Consequential Provisions) Act
2001.
organisation has the same meaning as in the Workplace
Relations Act as in force immediately before commencement.
(1) A Registrar, or another Registry official on behalf of a Registrar,
may make inquiries as to whether the following are being complied
with:
(a) Division 11 of Part IX of the Workplace Relations Act as in
force immediately before commencement;
(b) regulations made for the purposes of that Division;
(c) rules of an organisation relating to its finances or financial
administration.
(2) A Registrar, or another Registry official on behalf of a Registrar,
may make inquiries as to whether a civil penalty provision (see
section 284) has been contravened.
(3) The person making the inquiries may take such action as he or she
considers necessary for the purposes of making the inquiries. However, he or she
cannot compel a person to assist with the inquiries under this
section.
(1) If a Registrar is satisfied that there are reasonable grounds for
doing so, the Registrar may conduct an investigation as to whether:
(a) a provision of Division 11 of Part IX of the Workplace
Relations Act as in force immediately before commencement has been contravened;
or
(b) a regulation made for the purposes of that Division has been
contravened; or
(c) a rule of an organisation relating to its finances or financial
administration has been contravened.
(2) If a Registrar is satisfied that there are reasonable grounds for
doing so, the Registrar may conduct an investigation as to whether a civil
penalty provision (see section 284) has been contravened.
(3) A Registrar may also conduct an investigation in the circumstances set
out in the regulations.
(4) Where, having regard to matters that have been brought to notice in
the course of, or because of, an investigation under subsection (1) or (2),
a Registrar forms the opinion that there are grounds for investigating the
finances or financial administration of the organisation, the Registrar may make
the further investigation.
(5) An investigation may, but does not have to, follow inquiries under
section 309.
(1) Subject to subsection (2), a Registrar must:
(a) where the documents lodged in the Industrial Registry under
section 257 include a report of an auditor setting out any:
(i) defect or irregularity; or
(ii) deficiency, failure or shortcoming; and
(b) where for any other reason the Registrar considers that a matter
revealed in the documents should be investigated—investigate the
matter.
(2) The Registrar is not required to investigate the matters raised in the
report of the auditor if:
(a) the defect, irregularity, deficiency, failure or shortcoming consists
solely of the fact that the organisation concerned has kept accounting records
for its membership subscriptions separately on a cash basis as provided in
subsection 272(2) of the WR Act as in force immediately before commencement;
or
(b) after consultation with the organisation and the auditor, the
Registrar is satisfied that the matters are trivial or will be remedied in the
following financial year.
(3) Where, having regard to matters that have been brought to notice in
the course of, or because of, an investigation under subsection (1), a
Registrar forms the opinion that there are grounds for investigating the
finances or the financial administration of the organisation, the Registrar may
make the further investigation.
(1) Where documents have been lodged in the Industrial Registry under
subsection 280(1) of the Workplace Relations Act as in force immediately before
commencement, at least:
(a) if the organisation has more than 5,000 members—250 members;
or
(b) in
any other case—5% of the members of the organisation;
may request a Registrar to investigate the finances and the financial
administration of the organisation.
(2) On receipt of a request under subsection (1), a Registrar must
investigate the finances and the financial administration of the organisation
concerned. The Registrar, in conducting the investigation, is not limited to the
most recent financial year for which documents have been lodged and may
investigate years for which documents are yet to be lodged.
(3) Where the Registrar receives more than one request in relation to a
organisation during a financial year, the Registrar is only required to conduct
one investigation but may conduct more than one investigation.
If a matter is referred to the Industrial Registrar under
section 267, the Industrial Registrar must ensure that a Registrar conducts
an investigation.
(1) This section applies to:
(a) a designated officer or employee of the organisation concerned;
and
(b) a former designated officer or employee of the organisation;
and
(c) a person who held the position of auditor of the organisation during
the period that is the subject of the investigation;
if a Registrar has reason to believe that the person:
(d) has information or a document that is relevant to the investigation;
or
(e) is capable of giving evidence which the Registrar has reason to
believe is relevant to the investigation.
(2) For the purpose of making an investigation, the Registrar may, by
written notice, require the person:
(a) to give to the Registrar, within the period (being a period of not
less than 14 days after the notice is given) and in the manner specified in the
notice, any information within the knowledge or in the possession of the person;
and
(b) to produce or make available to the Registrar, at a reasonable time
(being a time not less than 14 days after the notice is given) and place
specified in the notice, any documents in the custody or under the control of
the person, or to which he or she has access; and
(c) to attend before the Registrar, at a reasonable time (being a time not
less than 14 days after the notice is given) and place specified in the notice,
to answer questions relating to matters relevant to the investigation, and to
produce to the Registrar all records and other documents in the custody or under
the control of the person relating to those matters.
(3) A notice requiring a person to attend must state that the person may
be accompanied by another person. The other person may be, but does not have to
be, a lawyer.
(1) If, at the conclusion of an investigation, the Registrar who conducted
the investigation is satisfied that the organisation concerned has
contravened:
(a) a provision of Division 11 of Part IX of the Workplace
Relations Act as in force immediately before commencement; or
(b) a provision of the regulations; or
(c) a rule of the organisation relating to the finances or financial
administration of the organisation;
the Registrar must notify the organisation accordingly.
(2) In addition to taking action under subsection (1), the Industrial
Registrar may do either or both of the following:
(a) issue a notice to the organisation requesting that the organisation
take specified action, within a specified period, to rectify the
matter;
(b) refer the matter to the Director of Public Prosecutions for action in
relation to possible criminal offences.
(3) The Registrar may, on application by the organisation, extend any
periods specified in the notice issued under subsection (2).
(4) The organisation must comply with the request made in the notice
issued under subsection (2).
(5) The Federal Court may, on application by the Registrar, make such
orders as the Court thinks fit to ensure that the organisation complies with
subsection (4).
(1) A person must not:
(a) refuse or fail:
(i) to attend before a Registrar in accordance with a requirement under
subsection 314(2); or
(ii) to provide information, or produce a document, that the person is
required to provide or produce under subsection 314(2); or
(b) in purported compliance with a requirement under subsection 314(2),
provide information, or produce a document, if the person knows, or is reckless
as to whether, the information or document is false or misleading; or
(c) when attending before a Registrar in accordance with a requirement
under subsection 314(2), make a statement, whether orally or in writing, if the
person knows, or is reckless as to whether, the statement is false or
misleading;
but a person does not contravene this section merely because of refusing or
failing to answer a question.
Maximum penalty: 30 penalty units.
(2) It is a defence to an offence referred to in paragraph (1)(a) if
the person had a reasonable excuse for the refusal or failure.
Note: A defendant bears an evidential burden in relation to
the matters mentioned in subsection (2).
(3) A person is not excused from providing information, or producing a
document, that the person is required to provide or produce under subsection
314(2) on the ground that the information, or the production of the document,
might tend to incriminate the person or expose the person to a
penalty.
(4) However:
(a) giving the information or producing the document; or
(b) any information, document or thing obtained as a direct or indirect
consequence of giving the information or producing the document;
is not admissible in evidence against the person in criminal proceedings or
proceedings that may expose the person to a penalty, other than proceedings
under, or arising out of, paragraph (1)(b) or (c).
50 Inquiries and investigations—conduct
occurring on or after commencement of the reporting
guidelines
To avoid doubt, Part 4 of Chapter 10 of the RO Act applies only
in relation to conduct that occurs in a financial year of an organisation that
starts on or after the commencement of the reporting guidelines.
51 Requests by members under section 288 of
the WR Act
If a request was made under section 288 of the WR Act but not complied
with before commencement, Part XI of the WR Act continues to apply in
relation to the request as if the amendments made by this Act had not been
made.
52 List of officers to be
evidence
A list of the officers of an organisation or a branch of an organisation
lodged before commencement in the Industrial Registry on behalf of the
organisation, or a copy of any such list certified by a Registrar before
commencement, as mentioned in section 292 of the WR Act is, after
commencement, evidence that the persons named in the list were, on the day when
the list was lodged, officers of the organisation or branch.
53 Authorisation of financial
assistance
Division 1 of Part XII of the WR Act as in force immediately
before commencement relating to the granting of financial assistance in
connection with proceedings under that Act continues to have effect in relation
to all proceedings started under that Act before commencement.
54 Delegations
A delegation made under a repealed provision that was in force immediately
before commencement and did not end at that time, continues in force after
commencement as if it had been made under the corresponding provision of the RO
Act.
55 Regulations may deal with other transitional
matters
(1) The regulations may deal with matters of a transitional nature (except
transitional matters provided for in this Schedule) relating to the amendments
of the WR Act made by this Act and the enactment of the RO Act.
(2) Without limiting subitem (1), the regulations may provide for a
matter to be dealt with, wholly or partly, in either of the following
ways:
(a) by applying (with or without modifications) to the matter:
(i) provisions of the WR Act as in force immediately before commencement;
or
(ii) provisions of the RO Act; or
(iii) a combination of provisions mentioned in subparagraphs (i) and
(ii);
(b) by otherwise specifying rules for dealing with the matter.
(3) Despite subsection 48(2) of the Acts Interpretation Act 1901,
regulations made for the purposes of this item may be expressed to take effect
from a date before the regulations are notified in the Gazette.
(4) To the extent to which a regulation mentioned in subitem (3) takes
effect from a date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (except the
Commonwealth or an authority of the Commonwealth), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (except the Commonwealth or an
authority of the Commonwealth), in respect of anything done or omitted to be
done before the date of its publication.
(5) The Governor-General may make regulations, not inconsistent with any
other provision of this Schedule, for the purposes of
subitem (1).
(6) In this item:
matters of a transitional nature also includes matters of an
application or saving nature.
1 Paragraph 3(g)
Repeal the paragraph.
2 Subsection 4(1) (definition of accounting
records)
Repeal the definition.
3 Subsection 4(1) (definition of
auditor)
Repeal the definition.
4 Subsection 4(1) (definition of collegiate
electoral system)
Repeal the definition.
5 Subsection 4(1) (paragraph (c) of the
definition of demarcation dispute)
After “this Act”, insert “, or the Registered
Organisations Act,”.
6 Subsection 4(1) (definition of designated
Presidential Member)
Repeal the definition.
7 Subsection 4(1) (definition of direct
voting system)
Repeal the definition.
8 Subsection 4(1) (definition of electoral
official)
Repeal the definition.
9 Subsection 4(1) (definition of eligibility
rules)
Repeal the definition.
10 Subsection 4(1) (definition of enterprise
association)
Repeal the definition.
11 Subsection 4(1) (definition of financial
year)
Repeal the definition.
12 Subsection 4(1) (definition of full-time
office)
Repeal the definition.
13 Subsection 4(1) (definition of
irregularity)
Repeal the definition.
14 Subsection 4(1) (definition of
office)
Repeal the definition, substitute:
office has the same meaning as in the Registered
Organisations Act.
15 Subsection 4(1) (definition of one-tier
collegiate electoral system)
Repeal the definition.
16 Subsection 4(1) (definition of
organisation)
Repeal the definition, substitute:
organisation means an organisation registered under the
Registered Organisations Act.
Note: An organisation that was registered under the
Workplace Relations Act 1996 immediately before the commencement of the
Workplace Relations (Registered Organisations) (Consequential Provisions) Act
2001 (the Consequential Provisions Act) is taken to have been
registered under the Registered Organisations Act (see item 15 of
Schedule 1 to the Consequential Provisions Act).
17 Subsection 4(1) (definition of
panel)
Omit “, except in section 38,”.
18 Subsection 4(1) (definition of postal
ballot)
Repeal the definition.
19 Subsection 4(1)
Insert:
Registered Organisations Act means the Workplace Relations
(Registered Organisations) Act 2001.
20 Subsection 4(2)
Repeal the subsection.
21 At the end of paragraph
4(3)(a)
Add “and”.
22 At the end of subsection
4(3)
Add:
; and (d) an industrial dispute within the meaning of the Registered
Organisations Act.
23 Subsection 4(4)
Repeal the subsection.
24 Subsection 4(5)
After “Act”, insert “or the Registered Organisations
Act”.
25 Subsection 4(5)
Omit “subsection 202(1)”, substitute “subsection 149(1)
of the Registered Organisations Act”.
26 Subsection 4(6)
Repeal the subsection.
27 Section 6
Repeal the section, substitute:
(1) This Act binds the Crown in each of its capacities.
(2) However, this Act does not make the Crown liable to be prosecuted for
an offence.
28 After section 8
Insert:
The functions of the Commission are the functions conferred on the
Commission by this Act, the Registered Organisations Act or otherwise.
29 At the end of
section 27
Add:
(3) In this section:
proceeding includes a proceeding under the Registered
Organisations Act.
30 Subsection 30(1)
After “this Act”, insert “and the Registered
Organisations Act”.
31 Subsection 30(3)
After “this Act” (wherever occurring), insert “, the
Registered Organisations Act”.
32 Section 31
After “this Act”, insert “and the Registered
Organisations Act”.
33 Section 32
After “this Act”, insert “or the Registered Organisations
Act”.
34 Section 32
Omit “(including a member in the capacity of designated Presidential
Member)”.
35 Section 33
After “this Act”, insert “and the Registered
Organisations Act”.
36 At the end of subsection
37(3)
Add “mentioned in subsection (1)”.
37 At the end of
section 37
Add:
(4) A member of the Commission may be a member of the panel established
under section 12 of the Registered Organisations Act.
38 Section 38
Repeal the section.
39 At the end of subsection
40(1)
Add “or the Registered Organisations Act”.
40 At the end of paragraphs 45(1)(a) to
(ed)
Add “and”.
Note: The heading to section 45 is altered by adding at
the end “relating to matters arising under Acts other than the
Registered Organisations Act”.
41 Paragraph 45(1)(f)
Repeal the paragraph.
42 At the end of paragraphs 45(3)(a) to
(bb)
Add “and”.
43 Paragraph 45(3)(c)
Repeal the paragraph.
44 After section 45
Insert:
(1) Subject to the Registered Organisations Act and this Act, an appeal
lies to a Full Bench, with the leave of the Full Bench, against:
(a) a decision of a member of the Commission by way of a finding in
relation to a matter arising under the Registered Organisations Act;
and
(b) an order made by a member of the Commission under that Act, other than
an order made by consent of the parties to an industrial dispute; and
(c) a decision of a member of the Commission under that Act not to make an
order; and
(d) a decision of a member of the Commission under paragraph 111(1)(g) of
this Act; and
(e) a decision of a member of the Commission that the member has
jurisdiction, or a refusal or failure of a member of the Commission to exercise
jurisdiction, in a matter arising under the Registered Organisations
Act.
(2) A Full Bench must grant leave to appeal under subsection (1) if,
in its opinion, the matter is of such importance that, in the public interest,
leave should be granted.
(3) An appeal under subsection (1) may be instituted by:
(a) a party to the proceeding; or
(b) a person bound by an order; or
(c) a person aggrieved by the decision.
(4) Where an appeal has been instituted under this section, a Full Bench
or Presidential Member may, on such terms and conditions as the Full Bench or
Presidential Member considers appropriate, order that the operation of the whole
or a part of the decision or act concerned be stayed pending the determination
of the appeal or until further order of a Full Bench or Presidential
Member.
(5) A Full Bench may direct that 2 or more appeals be heard together, but
an organisation or person who has a right to be heard in relation to one of the
appeals may be heard in relation to a matter raised in another of the appeals
only with the leave of the Full Bench.
(6) For the purposes of an appeal under this section, a Full
Bench:
(a) may admit further evidence; and
(b) may direct a member of the Commission to provide a report in relation
to a specified matter.
(7) On the hearing of the appeal, the Full Bench may do one or more of the
following:
(a) confirm, quash or vary the decision or act concerned;
(b) make an order or decision dealing with the subject-matter of the
decision or act concerned;
(c) direct the member of the Commission whose decision or act is under
appeal, or another member of the Commission, to take further action to deal with
the subject-matter of the decision or act in accordance with the directions of
the Full Bench;
(d) in the case of an appeal under paragraph (1)(d)—take any
action (including making an order) that could have been taken if the decision
under paragraph 111(1)(g) had not been made.
(8) If, under paragraph (6)(b), a Full Bench directs a member of the
Commission to provide a report, the member must, after making such investigation
(if any) as is necessary, provide the report to the Full Bench.
(9) Each provision of this Act and the Registered Organisations Act
relating to the hearing or determination of a matter mentioned in
subsection (1) of this section extends to the hearing or determination of
an appeal under this section.
45 Subsection 48(1)
After “this Act”, insert “or the Registered Organisations
Act”.
46 Paragraph 63(1)(a)
Repeal the paragraph.
47 At the end of paragraph
63(1)(d)
Add “or the Registered Organisations Act”.
48 Subsection 63(2)
Repeal the subsection.
49 Subsection 66(1)
After “Industrial Registry”, insert “under this Act and
the Registered Organisations Act”.
50 Paragraph 67(2)(a)
After “this Act”, insert “, the Registered Organisations
Act”.
51 Paragraph 67(2)(b)
After “this Act”, insert “or the Registered Organisations
Act”.
52 Paragraph 75(2)(a)
After “this Act”, insert “, the Registered Organisations
Act”.
53 Paragraph 75(2)(b)
After “this Act”, insert “or the Registered Organisations
Act”.
54 Paragraph 81(1)(a)
After “this Act”, insert “, the Registered Organisations
Act (to the extent permitted by that Act) or any other Act”.
55 At the end of paragraph
81(1)(b)
Add “, the Registered Organisations Act (to the extent permitted by
that Act) or any other Act”.
56 Subsection 82(1)
After “Registrar” (second occurring), insert “under this
Act or the Registered Organisations Act”.
57 Paragraph 83BB(1)(i)
After “this Act”, insert “, the Registered Organisations
Act”.
58 After subsection 88B(1)
Insert:
(1A) To the extent that the Commission is performing its functions under
this Part in relation to matters arising under the Registered Organisations Act,
the Commission must perform those functions in a way that furthers the objects
of that Act.
59 Paragraph 89(b)
After “this”, insert “Act, the Registered Organisations
Act”.
60 At the end of
section 90
Add:
(2) To the extent that the Commission is performing its functions in
relation to matters arising under the Registered Organisations Act, the
Commission must take into account the public interest, and for that purpose must
have regard to:
(a) the objects of that Act; and
(b) the state of the national economy and the likely effects on the
national economy of any order that the Commission is considering, or is
proposing to make, with special reference to likely effects on the level of
employment and on inflation.
61 At the end of
section 98A
Add “or the Registered Organisations Act”.
62 At the end of subsection
99(1)
Add:
Note: Some industrial disputes (including demarcation
disputes) are dealt with under the Registered Organisations
Act.
63 At the end of subsection
100(1)
Add:
Note: A demarcation dispute that is not resolved by
conciliation is dealt with under the Registered Organisations
Act.
64 Subsection 103(2)
After “this Act”, insert “or the Registered Organisations
Act”.
65 At the end of
section 104
Add:
(6) In an arbitration proceeding under the Registered Organisations Act,
unless all the parties agree, evidence must not be given, or statements made,
that would disclose anything said or done in a conciliation proceeding under
that Act (whether before a member of the Commission or at a conference arranged
by a member of the Commission) in relation to matters in dispute that remain
unsettled.
66 Subsection 108(2)
Omit “Subject to subsection (2A), the”, substitute
“The”.
Note: This item removes an inoperative
cross-reference.
67 Subsection 109(1)
After “Commission”, insert “(whether under this Act or
otherwise)”.
68 Subsection 109(4)
Omit “Subsections”, substitute “Subject to
subsection (4A) of this section, subsections”.
69 After subsection 109(4)
Insert:
(4A) Subsections 45A(4) to (8) (inclusive) apply in relation to a review
under this section in relation to a matter arising under the Registered
Organisations Act in the same manner as they apply in relation to an appeal
under section 45A.
70 At the end of
section 109
Add:
(8) Nothing in this section affects any right of appeal or any power of a
Full Bench under section 45A, and an appeal under that section and a review
under this section may, if the Full Bench considers appropriate, be dealt with
together.
71 After subsection 110(2)
Insert:
(2A) If the hearing or determination concerns an industrial dispute or
other proceeding arising under the Registered Organisations Act, the procedure
of the Commission in the hearing or determination is, subject to this Act, the
Registered Organisations Act and the Rules of the Commission, within the
discretion of the Commission.
72 Before subsection 111(1)
Insert:
(1A) Subject to this Act, the Commission may do any of the things
mentioned in subsection (1) in relation to an industrial dispute arising
under this Act.
(1B) Subject to the Registered Organisations Act, the Commission may do
any of the things mentioned in subsection (1) in relation to an industrial
dispute arising under that Act.
73 Subsection 111(1)
Omit “Subject to this Act, the Commission may, in relation to an
industrial dispute:”, substitute “The Commission
may:”.
74 At the end of subsection
111(2)
Add “(whether under this Act, the Registered Organisations Act or
otherwise)”.
75 At the end of
section 111
Add:
Note: Section 130 of the Registered Organisations Act
gives the Commission particular powers in relation to representation rights of
organisations of employees.
76 Section 118A
Repeal the section.
77 Subsection 119(1)
Omit “an industrial dispute”, substitute “a
matter”.
78 Subsection 119(1)
Omit “the industrial dispute”, substitute “the
matter”.
79 Subsection 119(2)
Omit “industrial dispute”, substitute
“matter”.
80 Subsection 119(3)
Omit “industrial dispute” (wherever occurring), substitute
“matter”.
81 At the end of
section 119
Add:
(6) In this section:
matter means:
(a) an industrial dispute arising under this Act; or
(b) a proceeding (including an industrial dispute) arising under the
Registered Organisations Act.
82 At the end of subsection
134(2)
Add “or the Registered Organisations Act”.
83 Subsection 134(3)
After “this Act”, insert “or the Registered Organisations
Act”.
84 Subsection 170MR(5)
Omit “section 196”, substitute “section 140 of
the Registered Organisations Act”.
85 Before subsection 174(1)
Insert:
(1A) This section does not apply to a demarcation dispute.
Note: The heading to section 174 is altered by
inserting “(other than demarcation dispute)” after
“dispute”.
86 After section 174
Insert:
(1) The President may refer a demarcation dispute to a State authority to
be investigated and dealt with under this Act:
(a) by conciliation; or
(b) by arbitration; or
(c) by conciliation and, if necessary, by arbitration.
(2) The President may revoke the reference at any time before a
determination is made by the State authority in settlement of the demarcation
dispute.
(3) In relation to the exercise of powers under subsection (1) or
(2), the President may direct a member of the Commission to provide a report in
relation to a specified matter.
(4) After making such investigation (if any) as is necessary, the member
must provide the report to the President.
(5) For the purposes of investigating and dealing with the demarcation
dispute, the State authority may exercise any powers of the Commission under
this Act or the Registered Organisations Act that are exercisable by a
Commissioner.
(6) A determination made by the State authority in settlement of the
demarcation dispute:
(a) is taken for the purposes of this Act (other than section 109)
and the Registered Organisations Act to be an order made under the Registered
Organisations Act by a member of the Commission, but section 45A of this
Act applies in relation to the determination as if paragraph 45A(7)(c) were
omitted; and
(b) is taken, for the purposes of sections 152 and 153 of this Act,
not to be an order, award, decision or determination of a State industrial
authority.
(7) Section 149 applies in relation to a determination made by the
State authority in settlement of the demarcation dispute as if a reference to
the Commission were a reference to the State authority.
(8) Sections 299, 302, 303, 354 and 355 of this Act and
sections 334 and 335 of the Registered Organisations Act apply in relation
to the exercise of powers under this section by the State authority as if a
reference to:
(a) a member of the Commission; or
(b) the Commission;
were a reference to the State authority, and as if the State authority
exercised those powers as a member of the Commission.
(9) In exercising powers under this section, the State authority has the
same protection and immunity as a member of the Commission has under
section 41 in performing functions as a member of the Commission.
(10) In this section:
State authority means:
(a) a member of a State industrial authority nominated by the head of the
State industrial authority; or
(b) if another office is prescribed in relation to the State industrial
authority—the holder of the office.
87 Subsection 176(1)
After “Act”, insert “or the Registered Organisations
Act”.
88 Subsection 178(1)
Omit “Subject to section 182, where”, substitute
“Where”.
Note: This item removes an inoperative
cross-reference.
89 Subsection 178(1)
After “Commission”, insert “(whether under this Act, the
Registered Organisations Act or otherwise)”.
90 Paragraph 187(4)(a)
After “this Act”, insert “, the Registered Organisations
Act”.
91 Part IX (heading)
Repeal the heading, substitute:
92 Divisions 1A to 11 of
Part IX
Repeal the Divisions.
93 Division 11A of Part IX
(heading)
Repeal the heading.
94 Division 12 of
Part IX
Repeal the Division.
95 Part X
Repeal the Part.
96 Subsection 298B(1) (at the end of the
definition of industrial body)
Add:
; or (c) a court or commission, however designated, exercising under an
industrial law powers and functions corresponding to those conferred on the
Commission by the Registered Organisations Act.
97 Subsection 298B(1) (definition of
industrial law)
After “this Act”, insert “, the Registered Organisations
Act”.
98 At the end of subsection
298F(1)
Add:
; or (c) any proceedings under the Registered Organisations Act;
or
(d) any other activity for which the Registered Organisations Act
provides.
Note: The heading to section 298F is replaced by the
heading “Matters arising under this Act or the Registered Organisations
Act”.
99 Sections 310, 313, 314, 315 and
316
Repeal the sections.
100 Subsection 317(5) (definition of
ballot)
Repeal the definition, substitute:
ballot means a ballot ordered under section 135 or
136.
101 Sections 318, 319, 321, 322, 323, 324,
325, 326, 327, 328, 329, 330, 331, 332, 333, 337 and 340
Repeal the sections.
102 Heading to
Part XII
Repeal the heading, substitute:
103 Division 1 of
Part XII
Repeal the Division.
104 Paragraph 359(2)(e)
Repeal the paragraph.
105 Subsection 414(2)
Repeal the subsection.
106 Subsection 415(1)
Repeal the subsection, substitute.
(1) The jurisdiction of the Court under this Act is to be exercised by a
Full Court in relation to matters in which a writ of mandamus or prohibition or
an injunction is sought against:
(a) a Presidential member; or
(b) officers of the Commonwealth at least one of whom is a Presidential
member.
107 Section 421
Repeal the section.
108 Subsection 469(1)
After “Act”, insert “or the Registered Organisations
Act”.
109 After subsection 469(2)
Insert:
(2A) Subject to this Act, the Registered Organisations Act and any other
Act, a party to a proceeding before the Court in a matter arising under the
Registered Organisations Act may be represented only as provided by this
section.
110 At the end of paragraph
469(8)(b)
Add “or the Registered Organisations Act”.
111 Section 470
After “Act”, insert “or the Registered Organisations
Act”.
112 At the end of subsection
471(1)
Add “or the Registered Organisations Act”.
113 Schedules 3 and 4
Repeal the Schedules.
Administrative Decisions
(Judicial Review) Act 1977
1 Paragraph (a) of
Schedule 1
Omit “or the Workplace Relations Act 1996”, substitute
“, the Workplace Relations Act 1996 or the Workplace Relations
(Registered Organisations) Act 2001”.
Builders Labourers’
Federation (Cancellation of Registration—Consequential Provisions) Act
1986
2 Section 3 (subparagraph (b)(i) of
the definition of non-registered association)
Omit “Workplace Relations Act”, substitute “Registered
Organisations Act”.
3 Section 3
Insert:
Registered Organisations Act means the Workplace
Relations (Registered Organisations) Act 2001.
4 Paragraph 4(3A)(a)
Omit “Industrial Relations Act” (wherever occurring),
substitute “Workplace Relations Act”.
5 Paragraph 4(3A)(b)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
6 Paragraph 4(3A)(b)
Omit “section 253 of the Workplace Relations Act”,
substitute “section 66 of the Registered Organisations
Act”.
7 Paragraph 4(3A)(b)
Omit “Part IX of”.
8 Subsection 4(4)
Omit “Industrial Relations Act” (first occurring), substitute
“Workplace Relations Act”.
9 Subsection 4(4)
After “Workplace Relations Act” (first occurring), insert
“or the Registered Organisations Act”.
10 Subparagraph 4(4)(a)(ii)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
11 Paragraph 4(4)(b)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
12 Subsection 4(5)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
13 Subsection 4(5)
After “Workplace Relations Act”, insert “or the
Registered Organisations Act”.
14 Subsection 4(5)
Omit “that Act”, substitute “the Registered Organisations
Act”.
15 Subsection 4(6)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
16 Subsection 5(1)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
17 Subsection 5(1)
Omit “Division 1 of Part IX of the Workplace Relations
Act”, substitute “Part 2 of Chapter 2 of the Registered
Organisations Act”.
18 Section 5
Omit “that Division” (wherever occurring), substitute
“that Part”.
19 Subparagraph 5(1)(b)(ii)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
20 Subparagraph 5(1)(b)(ii)
After “Workplace Relations Act”, insert “or the
Registered Organisations Act”.
21 Paragraph 5(1)(c)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
22 Paragraph 5(1)(c)
Omit “Workplace Relations Act”, substitute “Registered
Organisations Act”.
23 Paragraph 5(1)(c)
Omit “Division 1 of Part IX”, substitute
“Part 2 of Chapter 2”.
24 Subsections 6(1) and (2)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
25 Subsection 7(2)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
26 Subsection 7(2)
Omit “Workplace Relations Act”, substitute “Registered
Organisations Act”.
27 Subsection 7(3)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
28 Subsection 7(3)
Omit “Workplace Relations Act”, substitute “Registered
Organisations Act”.
29 Subsection 7(3)
Omit “section 234”, substitute
“section 235”.
Note: This item corrects an incorrect
cross-reference.
30 Subsection 7(3)
Omit “section 235”, substitute
“section 46”.
31 Subsection 7(4)
Omit “Industrial Relations Act”, substitute “Workplace
Relations Act”.
32 Subsection 7(4)
Omit “Workplace Relations Act”, substitute “Registered
Organisations Act”.
Commonwealth Authorities
and Companies Act 1997
33 Paragraph 7(2)(c)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Commonwealth Electoral Act
1918
34 Section 5 (definition of electoral
matters)
Omit “the Conciliation and Arbitration Act 1904
or”.
35 Section 5 (definition of electoral
matters)
After “the Workplace Relations Act 1996”, insert
“or the Workplace Relations (Registered Organisations) Act
2001,”.
36 Subsection 287(1) (definition of
registered industrial organisation)
Omit “the Workplace Relations Act 1996”, substitute
“, the Workplace Relations (Registered Organisations) Act
2001”.
37 Subparagraph
764A(1)(d)(i)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
38 Subparagraph
764A(1)(e)(i)
Omit “Workplace Relations Act 1996”,
substitute “Workplace Relations (Registered Organisations) Act
2001”.
39 Subparagraph
764A(1)(f)(i)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
40 Paragraph 765A(1)(u)
Omit “Workplace Relations Act 1996”,
substitute “Workplace Relations (Registered Organisations) Act
2001”.
41 Section 85ZL (subparagraph (c)(ii)
of the definition of Commonwealth authority)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Disability Discrimination
Act 1992
42 Subsection 4(1) (definition of registered
organisation)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Note: The heading to section 20 is altered by omitting
“Workplace Relations Act 1996” and substituting
“Workplace Relations (Registered Organisations) Act
2001”.
Equal Opportunity for
Women in the Workplace Act 1999
43 Subsection 3(1) (paragraph (a) of the
definition of trade union)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Federal Court of Australia
Act 1976
44 Paragraph 18AB(1A)(c)
After “Workplace Relations Act 1996”, insert “or
the Workplace Relations (Registered Organisations) Act
2001”.
45 Paragraph 18AB(1)(a)
After “Workplace Relations Act 1996”, insert “or
the Workplace Relations (Registered Organisations) Act
2001”.
46 At the end of subsection
18AB(1)
Add:
; or (d) an order under section 285 or 286 of the Workplace
Relations (Registered Organisations) Act 2001.
47 Subsection 18AB(2)
After “paragraph (1)(a)”, insert “or
(d)”.
Human Rights and Equal
Opportunity Commission Act 1986
48 Subsection 3(1) (paragraph (a) of the
definition of trade union)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Income Tax Assessment Act
1936
49 Subsection 27A(1) (paragraph (c) of the
definition of registered organisation)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
50 Subsection 3(1) (paragraph (e) of the
definition of insurance business)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Jurisdiction of Courts
(Cross-vesting) Act 1987
51 After paragraph 4(4)(ba)
Insert:
(bb) the Workplace Relations (Registered Organisations) Act 2001;
or
52 Paragraph 11(3)(b)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Long Service Leave
(Commonwealth Employees) Act 1976
53 Paragraph 12(11)(a)
After “that Act”, insert “or the Workplace Relations
(Registered Organisations) Act 2001”.
National Crime Authority
Act 1984
54 Schedule 1
After:
|
Human Rights Commission Act 1981, section 34 |
Insert:
|
Workplace Relations (Registered Organisations) Act 2001,
section 335 |
55 Schedule 1 (item referring to the
Workplace Relations Act 1996)
Omit “section 330”, substitute
“section 355”.
56 Paragraph 138(2)(b)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Occupational Health and
Safety (Commonwealth Employment) Act 1991
57 Subsection 5(1) (paragraph (a) of the
definition of registered union)
Omit “Industrial Relations Act 1988”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Petroleum (Submerged
Lands) Act 1967
58 Clause 2 of Schedule 7
(paragraph (a) of the definition of registered
union)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
59 Subsection 4(1) (definition of registered
organisation)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Note: The heading to section 19 is altered by omitting
“Workplace Relations Act 1996” and substituting
“Workplace Relations (Registered Organisations) Act
2001”.
60 Subsection 51(2BB) (paragraph (a) of the
definition of approved organisation)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
Superannuation Industry
(Supervision) Act 1993
61 Subsection 10(1) (paragraph (c) of the
definition of registered organisation)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.
United States Naval
Communication Station (Civilian Employees) Act 1968
62 Paragraph 4(b)
Omit “Workplace Relations Act 1996”, substitute
“Workplace Relations (Registered Organisations) Act
2001”.