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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations Amendment
(Industrial Representation) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Industrial Relations Act 1996 No 17 3
b2011-135-07.d10
New South Wales
Industrial Relations Amendment
(Industrial Representation) Bill 2012
No , 2012
A Bill for
An Act to amend the Industrial Relations Act 1996 with respect to overlapping
representation of classes of employees or contract drivers or carriers and related
demarcation disputes.
Clause 1 Industrial Relations Amendment (Industrial Representation) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Industrial Relations Amendment (Industrial 3
Representation) Act 2012. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Industrial Relations Amendment (Industrial Representation) Bill 2012
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
Schedule 1 Amendment of Industrial Relations Act 1
1996 No 17 2
[1] Section 218 Criteria for registration 3
Omit section 218 (1) (m). Insert instead: 4
(m) in the case of an organisation of employees--the 5
organisation satisfies the requirements of subsection (1A). 6
[2] Section 218 (1A) 7
Insert after section 218 (1): 8
(1A) An organisation satisfies the requirements of this subsection if: 9
(a) there is no other industrial organisation of employees to 10
which members of the organisation might belong or, if 11
there is such an organisation, it is not an organisation: 12
(i) to which the members of the organisation could 13
more conveniently belong, and 14
(ii) that would more effectively represent those 15
members, or 16
(b) the Industrial Registrar accepts an undertaking from the 17
organisation that the Industrial Registrar considers 18
appropriate to avoid disputes as to the demarcation of the 19
industrial interests of the organisation and any other 20
organisation that might otherwise arise from an overlap 21
between eligibility for membership of the organisation and 22
membership of the other organisation. 23
[3] Section 244A 24
Insert after section 244: 25
244A Industrial Registrar may determine alterations of rules where 26
breach of demarcation undertaking 27
(1) If an organisation breaches an undertaking given under 28
section 218 (1A) (b), the Industrial Registrar may, by instrument 29
in writing, determine such alterations of the rules of the 30
organisation as are, in the Industrial Registrar's opinion, 31
necessary to remove the overlap between the particular classes or 32
groups of employees who are eligible for membership of the 33
organisation and another organisation that gave rise to the 34
undertaking. 35
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Industrial Relations Amendment (Industrial Representation) Bill 2012
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
(2) The Industrial Registrar must give the organisation, and the other 1
organisation, at least 14 days to be heard on the matter before 2
determining the alterations. 3
(3) Alterations determined under this section take effect on the date 4
of the instrument. 5
[4] Section 245 Alteration of rules of State organisation 6
Omit section 245 (3). Insert instead: 7
(3) The Industrial Registrar must not consent to an alteration of the 8
rules of an industrial organisation of employees relating to 9
eligibility for membership of the organisation if, in relation to 10
persons who would be eligible for membership because of the 11
alteration, there is, in the opinion of the Industrial Registrar, 12
another organisation: 13
(a) to which those persons could more conveniently belong, 14
and 15
(b) that would more effectively represent those persons. 16
(3A) However, subsection (3) does not apply if the Industrial Registrar 17
accepts an undertaking from the organisation that the Industrial 18
Registrar considers appropriate to avoid disputes as to the 19
demarcation of the industrial interests of the organisation and any 20
other organisation that might otherwise arise from an overlap 21
between eligibility for membership of the organisation and 22
membership of the other organisation. 23
(3B) The Industrial Registrar may refuse to consent to an alteration of 24
the rules of an industrial organisation of employees if satisfied 25
that the alteration would contravene an agreement or 26
understanding to which the organisation is a party and that deals 27
with the organisation's right to represent under this Act the 28
industrial interests of a particular class or group of employees. 29
[5] Section 245 (6) (a) 30
Insert ", 244A" after "section 244". 31
[6] Section 294 Determination of demarcation questions concerning 32
interests of industrial organisations of employees 33
Insert after section 294 (2): 34
(3) The Commission must not make a demarcation order unless it is 35
satisfied that: 36
(a) the conduct, or threatened conduct, of an organisation to 37
which the order would relate, or of an officer, employee or 38
Page 4
Industrial Relations Amendment (Industrial Representation) Bill 2012
Amendment of Industrial Relations Act 1996 No 17 Schedule 1
member of the organisation, is preventing, obstructing or 1
restricting the performance of work, or 2
(b) the consequences referred to in paragraph (a) have ceased, 3
but are likely to recur or are imminent, as a result of such 4
conduct or threatened conduct. 5
(4) In considering whether to make a demarcation order, the 6
Commission must have regard to the wishes of the employees 7
who are affected by the dispute and, if the Commission considers 8
it appropriate, is also to have regard to the following: 9
(a) the effect of any order on the operations of an employer 10
who is a party to the dispute or who is a member of an 11
organisation that is a party to the dispute, 12
(b) any agreement or understanding of which the Commission 13
becomes aware that deals with the right of an industrial 14
organisation of employees to represent under this Act the 15
industrial interests of a particular class or group of 16
employees, 17
(c) the consequences of not making an order for any employer, 18
employees or organisation involved in the dispute, 19
(d) any other order made by the Commission in relation to 20
another demarcation dispute involving the organisation to 21
which the demarcation order would relate that the 22
Commission considers to be relevant. 23
[7] Section 336 Objections to registration of drivers' and carriers' 24
associations 25
Omit section 336 (1) (b). Insert instead: 26
(b) that there is already an association of contract drivers or an 27
association of contract carriers to which the bailees or 28
carriers whom the applicant claims to represent could more 29
conveniently belong and that would more effectively 30
represent those members. 31
[8] Section 337 Grant or refusal of applications 32
Insert after section 337 (1): 33
(1A) If the Industrial Registrar is of the opinion that the ground of 34
objection set out in section 336 (1) (b) has been made out, the 35
Industrial Registrar may, instead of refusing the application, 36
accept an undertaking from the applicant that the Industrial 37
Registrar considers appropriate to avoid disputes as to the 38
demarcation of the interests of the association and any other 39
association that might otherwise arise from an overlap between 40
Page 5
Industrial Relations Amendment (Industrial Representation) Bill 2012
Schedule 1 Amendment of Industrial Relations Act 1996 No 17
the particular classes or groups of bailees or carriers who are 1
eligible for membership of the association and for membership of 2
the other association. 3
(1B) The Industrial Registrar may refuse to accept an undertaking 4
under subsection (1A) if satisfied that the effect of registering the 5
association would be to contravene an agreement or 6
understanding to which the association is a party and that deals 7
with the association's right to represent under this Act the 8
interests of a particular class or group of bailees or carriers. 9
[9] Section 339 Demarcation questions relating to associations 10
Insert after section 339 (1): 11
(1A) Without limiting subsection (1), in determining any question 12
under this section, the Commission is to have regard to any 13
undertaking, and any breach of an undertaking, given under 14
section 337. 15
[10] Schedule 4 Savings, transitional and other provisions 16
Insert at the end of clause 2 (1): 17
Industrial Relations Amendment (Industrial Representation) 18
Act 2012 19
Page 6
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