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Commonwealth Powers (Industrial Relations) (Amendment) Bill Circulation Print EXPLANATORY MEMORANDUM Clause 1 states that the purpose of the Act is to amend the Commonwealth Powers (Industrial Relations) Act 1996 to refer to the Parliament of the Commonwealth the making of or declaring any term of an award or order to be a common rule in the State for an industry, and certain matters in respect of outworkers. Clause 2 sets out the Act's commencement dates. The Act comes into operation on a day or days to be proclaimed. A proclamation must include a statement that the Governor in Council is satisfied that a Bill has been introduced into the Senate or House of Representatives of the Parliament of the Commonwealth containing provisions about matters to be referred to that Parliament by the provision being proclaimed. Clause 3 states that the Commonwealth Powers (Industrial Relations) Act 1996 is called the Principal Act, for the purposes of the Act. Clause 4 defines industry consistently with the definition in the Workplace Relations Act 1996 of the Commonwealth. Outworker is defined to mean a person engaged, for someone else's industry in or about a private residence or other premises to pack, process or work on articles or material. The clause also provides that an outworker is to be an employee for the purposes of the Principal Act. Clause 5 repeals sub-section 5(1)(e) of the Principal Act. The effect of this is to repeal the provision that excluded the making of common rules for an industry from the powers referred to the Commonwealth in 1996. The repeal is necessary for the reference of power to the Commonwealth under clause 6. 541205 BILL LA CIRCULATION 24/8/2001 1
Clause 6 provides for a further reference of legislative powers to the Parliament of the Commonwealth, being the matter of making an award or order as, or declaring any term of an award or order to be, a common rule in the State for an industry. This matter is referred to the Parliament of the Commonwealth for a period commencing on the day on which clause 6 commences and ending on the day fixed by the Governor in Council, by proclamation published in the Government Gazette. Clause 7 provides for a further reference of legislative powers to the Parliament of the Commonwealth in respect of outworkers. The clause provides that each of the matters referred to the Parliament of the Commonwealth under section 4 or new section 4A of the Principal Act are also referred to the Parliament of the Commonwealth in relation to outworkers, but only to the extent that outworkers are treated as employees. This will permit the Commonwealth Parliament to make laws in respect of outworkers, but only if those laws treat outworkers as employees. This matter is referred to the Parliament of the Commonwealth for a period commencing on the day on which clause 7 commences and ending on the day fixed by the Governor in Council, by proclamation published in the Government Gazette. Clause 8 amends section 5(1) and (2) of the Principal Act to ensure that matters excluded from the existing referrals of power are also excluded from the new referrals (other than the matter in section 5(1)(e), which is being repealed by clause 5). 2