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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 15
As laid on the table and read a first time, 24 September
2003
South Australia
Industrial
and Employee Relations (Prohibition Against Bargaining
Services Fee) Amendment Bill 2003
A Bill For
An Act to amend the Industrial and Employee Relations
Act 1994.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Industrial and Employee Relations Act
1994
4 Amendment of section 4—Interpretation
5 Amendment of section 79—Approval of
enterprise agreement
6 Amendment of section 115—Prohibited
reason
7 Insertion of Chapter 4 Part 4
Division 1A
Schedule 1—Transitional provisions
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Industrial and Employee Relations
(Prohibition Against Bargaining Services Fee)
Amendment Act 2003.
This Act will come into operation 1 month after assent.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Industrial and Employee Relations Act 1994
4—Amendment of section 4—Interpretation
Section 4(1)—after the
definition of award insert:
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;
5—Amendment of section 79—Approval of enterprise agreement
Section 79—after
subsection (2) insert:
(2a) The
Commission must refuse to approve an enterprise agreement if the agreement
includes a provision that requires payment of a bargaining services fee.
6—Amendment of section 115—Prohibited reason
Section 115—after paragraph (n) insert:
(o) because the other person has not paid, has not agreed to
pay, or does not propose to pay, a bargaining services fee.
7—Insertion of Chapter 4 Part 4 Division 1A
Chapter 4 Part 4—after Division 1 insert:
Division 1A—Prohibition
against bargaining services fee
139A—Association
must not demand bargaining services fee
(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.
139B—Association
must not coerce person to pay bargaining services fee
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.
139C—Association
must not take certain action
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.
139D—Certain provisions void
A provision of an industrial instrument is void to the extent that
it requires payment of a bargaining services fee.
139E—False
or misleading representations about bargaining services fees
A person must not make a false or
misleading representation about—
(a) another person's liability to pay a bargaining services fee;
or
(b) another person's obligation to enter into an agreement to
pay a bargaining services fee; or
(c) another person's
obligation to join an industrial association.
Maximum penalty: $20 000.
Schedule 1—Transitional provisions
1—Application of sections 4 and 5
The amendments made by sections 4 and 5 of this Act apply for the
purpose of any consideration by the Commission after the commencement of this
clause of an enterprise agreement, even if the application to the Commission
was made before that commencement.
2—Application of section 139D as inserted
Section 139D of the Industrial and Employee Relations Act 1994, as inserted by this Act, applies to any industrial instrument whether executed before or after the commencement of this clause.