INDUSTRIAL AND EMPLOYEE RELATIONS (PROHIBITION AGAINST BARGAINING SERVICES FEE) AMENDMENT BILL 2002

Short title

1. (1) This Act may be cited as the Industrial and Employee Relations (Prohibition Against Bargaining Services Fee) Amendment Act 2002.

(2) The Industrial and Employee Relations Act 1994 is referred to in this Act as "the principal Act".

Commencement

2. This Act will come into operation 1 month after assent.

Amendment of s. 4—Interpretation

3. Section 4 of the principal Act is amended by inserting after the definition of "award" in subsection (1) the following definitions:

"bargaining services" means services provided by (or on behalf of) an association in relation to—

(a)an industrial dispute (including representation in proceedings before the Court or the Commission); or

(b)an industrial matter; or

(c)an industrial instrument (including, as appropriate, the negotiation, making, approval, variation or rescission of the instrument);

"bargaining services fee" means a fee (however described) payable to—

(a)an association; or

(b)someone else in lieu of an association,

wholly or partly for the provision, or purported provision, of bargaining services, but does not include a membership fee;.

Amendment of s.79—Approval of enterprise agreement

4. Section 79 of the principal Act is amended by inserting after subsection (2) the following subsection:

(2a) The Commission must refuse to approve an enterprise agreement if the agreement includes a provision that requires payment of a bargaining services fee.

Amendment of s. 115—Prohibited reason

5. Section 115 of the principal Act is amended by inserting after paragraph (n) the following paragraph:

(o)because the other person has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee.

Insertion of Chapter 4 Part 4 Division 1A

6. The following Division is inserted after section 139 of the principal Act:

DIVISION 1A—PROHIBITION AGAINST BARGAINING SERVICES FEE

Association must not demand bargaining services fee

139A. (1) Subject to subsection (2), an association, or an officer or member of an association, must not demand payment of a bargaining services fee from another person.

Maximum penalty: $20 000.

(2) Subsection (1) does not prevent an association from demanding or receiving payment of a bargaining services fee that is payable to the association under a contract for the provision of bargaining services.

(3) In this section—

"demand" includes—

(a)purport to demand; and

(b)have the effect of demanding; and

(c)purport to have the effect of demanding.

Association must not coerce person to pay bargaining services fee

139B. An association, or an officer or member of an association, must not take, or threaten to take, action against a person with intent to coerce the person, or another person, to—

(a)pay a bargaining services fee; or

(b)enter into a contract for the provision of bargaining services.

Maximum penalty:$20 000.

Association must not take certain action

139C. An association, or an officer or member of an association, must not—

(a)take, or threaten to take, action having the effect, directly or indirectly, of prejudicing a person in the person's employment or possible employment; or

(b)advise, encourage or incite a third person to take action having the effect, directly or indirectly, of prejudicing a person in the person's employment or possible employment,

for the reason that, or for reasons that include the reason that, the person has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee.

Maximum penalty:$20 000.

Certain provisions void

139D. A provision of an industrial instrument is void to the extent that it requires payment of a bargaining services fee.

False or misleading representations about bargaining services fees

139E. A person must not make a false or misleading representation about another person's liability to pay a bargaining services fee.

Maximum penalty:$20 000.

By Authority: J. D. Ferguson, Government Printer, South Australia

South Australian Bills

INDUSTRIAL AND EMPLOYEE RELATIONS (PROHIBITION AGAINST BARGAINING SERVICES FEE) AMENDMENT BILL 2002