Commonwealth Numbered Acts

INDUSTRIAL RELATIONS REFORM ACT 1993 No. 98 of 1993 - SCHEDULE 2

SCHEDULE 2
AMENDMENTS OF THE INDUSTRIAL RELATIONS ACT 1988
CONSEQUENT ON PART 5 OF THIS ACT
Subsection 4(1) (definition of "designated Presidential Member"):
Omit "Vice President's", substitute "Organisations".
Subsection 4(1) (definition of "Presidential Member"):
Omit "the" (second occurring), substitute "a".
Subsection 4(1) (definition of "Vice President"):
Omit the definition, substitute:

" 'Vice President':

   (a)  means a Vice President of the Commission; and

   (b)  in the case of a reference to the Vice President assigned to the
        Bargaining Division-includes a person who is acting in an office of
        Vice President during a vacancy in the office;". Subsection 4(1):
        Insert:

" 'Bargaining Division' means the Bargaining Division of the Commission
established by section 170QA;
'Bargaining Division's functions and powers' has the meaning given by
subsection 170QB(1);".
Paragraph 8(2)(ab):
Omit the paragraph, substitute:

"(ab) 2 Vice Presidents;".
Subsection 9(1):
Omit "Vice President", substitute "Vice Presidents".
Subsection 10(2):
Omit "the Vice President" (wherever occurring), substitute "a Vice President".
Paragraph 11(ab):
Omit the paragraph, substitute:

"(ab) the Vice Presidents, according to the days on which their commissions
took effect, or, if their commissions took effect on the same day, according
to the precedence assigned to them by their commissions;".
Subsection 17(1):
After "the Governor-General may appoint the" insert "senior".
Subsection 17(1A):
Omit the subsection, substitute:

"(1A) If, during a period referred to in subsection (1), the senior Vice
President is unavailable to act in the office of President but the other Vice
President is available, the Governor-General may appoint the other Vice
President to act in that office.

"(1B) If, during a period referred to in subsection (1):

   (a)  neither Vice President is available to act in the office of President;
        or

   (b)  both offices of Vice President are vacant; or

   (c)  one of the offices of Vice President is vacant and the holder of the
        other is unavailable to act in the office of President; the
        Governor-General may appoint any Presidential Member qualified to be
        appointed as President to act in the office of President.".
Subsection 17(2): Omit "or subsection (1A)", substitute ", (1A) or (1B)".
Subsection 17A(1):

   (a)  Omit "the" (second occurring), substitute "a";

   (b)  Omit "the office of", substitute "an office of".
Paragraph 17A(1)(b): Omit "the Vice President", substitute "the holder of the
office".
Subsection 21(2): Omit "The Vice President", substitute "A Vice President".
Subsection 21(2E):

   (a)  Omit "the Vice President or a", substitute "a Vice President or".

   (b)  Omit "the office", substitute "an office".
Subsection 38(1): Omit the subsection, substitute:

"(1) There is to be an Organisations Panel, consisting of:

   (a)  the Vice President not assigned to the Bargaining Division; and

   (b)  at least one other Presidential member (other than the President or a
        Vice President) assigned to the Panel by the President.".
Subsection 40(1): Omit "the Vice President", substitute "a Vice President".
Subsection 40(2):
Omit the subsection, substitute:

"(2) If the President delegates a power to only one of the Vice Presidents, he
or she may, in addition, delegate that power to a Senior Deputy President to
be exercised when that Vice President is unable, for any reason, to exercise
that power personally.

"(3) If the President delegates the same power to both Vice Presidents, he or
she may, in addition, delegate that power to a Senior Deputy President to be
exercised when, for any reason, neither Vice President is able to exercise
that power personally.".
Paragraph 45(1)(e): Omit "3A of Part VI", substitute "2 of Part VIB".
After paragraph 45(1)(e):
Insert:

"(eaa) a decision of a member of the Commission refusing to approve under
Division 3 of Part VIB implementation of an agreement;".
Paragraph 45(1)(ec): Omit "paragraph 134E(1)(e)", substitute "paragraph
170MC(1)(g)".
After paragraph 45(3)(b):
Insert:

"(baa) in the case of an appeal under paragraph (1)(eaa)-by any person who
would have been bound by the agreement if implementation of it had been
approved;".
Paragraph 45(3)(ba): Omit "subparagraph 134E(1)(e)(i)", substitute
"subparagraph 170MC(1)(g)(i)".
Paragraph 103(1)(a): Omit "3A of Part VI", substitute "2 of Part VIB".
Subsection 108(2): Omit "The President", substitute "Subject to subsection
(2A), the President".
After subsection 108(2):
Insert:

"(2A) If dealing with a proceeding would involve performing or exercising any
of the Bargaining Division's functions and powers, the President must consult
the Vice President assigned to the Bargaining Division before deciding to deal
with that proceeding under subsection (2).".
Subsection 108(8): Omit "3A of Part VI", substitute "2 of Part VIB".
Subsection 109(8): Omit the subsection, substitute:

"(8) This section does not apply to:

   (a)  an award constituted by a certified agreement or by an enterprise
        flexibility agreement; or

   (b)  a decision to certify, or to approve implementation of, an
        agreement.".
Paragraph 111(1)(c): Omit the paragraph, substitute:

"(c) in accordance with Division 2 of Part VIB, certify an agreement;

   (ca) in accordance with Division 3 of Part VIB, approve implementation of
        an agreement;".
Paragraph 111(1)(f):
After "an award" insert "(except a certified agreement or enterprise
flexibility agreement)".
After subsection 113(2C):
Insert:

"(2D) Before taking action under subsection (2A) in relation to an enterprise
flexibility agreement, the Commission must give the employer an opportunity to
vary the agreement, so as to remove the discrimination, by an instrument made
with the approval, obtained as directed by the Commission, of a majority of
the persons who, as at the end of a day specified in the direction, were
employees covered by the agreement.".
Division 3A of Part VI:
Repeal the Division.
After subsection 143(1):
Insert:

"(1A) For the purposes of subsection (1), none of the following is an award or
an order affecting an award:

   (a)  a decision to certify, or to approve implementation of, an agreement
        under Part VIB;

   (b)  a certified agreement;

   (c)  an enterprise flexibility agreement.".
Paragraph 143(2)(b): Omit "either of the following", substitute "one or more
of these".
After subparagraph 143(2)(b)(ii):
Insert:

"(iii) in the case of a decision-it is a decision to certify, or approve
implementation of, an agreement under Part VIB;

        (iv)   the decision or determination is, in the Commission's opinion,
               an order affecting a certified agreement or an enterprise
               flexibility agreement;".
After each of subparagraphs 143(2)(d)(i) and (3)(a)(i): Insert:

"(ia) in the case of a decision to certify, or approve implementation of, an
agreement under Part VIB-a copy of the agreement; and".
Paragraph 143(3)(b): Omit the paragraph, substitute:

"(b) ensure that copies of each of the following are available for inspection
at each registry:

        (i)    the decision or determination; and

        (ii)   in the case of a decision to certify, or approve implementation
               of, an agreement under Part VIB-a copy of the agreement; and

        (iii)  any written reasons received by the Registrar for the decision
               or determination.".
Subsection 143(4): Omit the subsection, substitute:

"(4) The Industrial Registrar must ensure that the following are published as
soon as practicable:

   (a)  a decision or determination covered by subsection (1) or (2), except:

        (i)    a decision to certify an agreement under Part VIB that applies
               only to a single business, part of a single business or a
               single place of work;

        (ii)   a decision to approve implementation of an agreement under Part
               VIB;

        (iii)  a decision or determination that is, in the Commission's
               opinion, an order affecting:

                (A)  a certified agreement covered by subparagraph (i); or

                (B)  an enterprise flexibility agreement;

   (b)  any written reasons for a decision or determination covered by
        paragraph (a) that are received by a Registrar;

   (c)  a certified agreement:

        (i)    that does not apply only to a single business, part of a single
               business or a single place of work; and

        (ii)   a copy of which is given to a Registrar under subparagraph

(2) (d)(ia).".
Section 143A:
Repeal the section.