2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005 No. , 2005 (Employment and Workplace Relations) A Bill for an Act to amend laws relating to workplace relations, and for related purposes [Page Break] 1 Short title.......................................................................................1 2 Commencement .............................................................................1 3 Schedule(s)....................................................................................2 Schedule 1--Extending the prohibition of compulsory union fees 3 Workplace Relations Act 1996 3 i Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005 No. , 2005 [Page Break] 2 workplace relations, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Workplace Relations Amendment 6 (Extended Prohibition of Compulsory Union Fees) Act 2005. 7 2 Commencement 8 (1) Each provision of this Act specified in column 1 of the table 9 commences, or is taken to have commenced, in accordance with 10 column 2 of the table. Any other statement in column 2 has effect 11 according to its terms. 12 Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005 No. , 2005 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 The day after this Act receives the Royal Assent. 1 Note: This table relates only to the provisions of this Act as originally 2 passed by the Parliament and assented to. It will not be expanded to 3 deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. 2 Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005 No. , 2005 [Page Break] 1 2 Schedule 1--Extending the prohibition of 3 compulsory union fees 4 5 Workplace Relations Act 1996 6 1 Subsection 298B(1) (definition of bargaining services) 7 Repeal the definition, substitute: 8 bargaining services means: 9 (a) services provided by (or on behalf of) an industrial 10 association in relation to an agreement, or a proposed 11 agreement, under Part VIB (including the negotiation, 12 making, certification, operation, extension, variation or 13 termination of the agreement); or 14 (b) services provided by (or on behalf of) an industrial 15 association in relation to a State employment agreement, or a 16 proposed State employment agreement (including the 17 negotiation, making, certification, operation, extension, 18 variation or termination of the agreement). 19 2 At the end of section 298Y 20 Add: 21 (3) A provision of a State employment agreement to which a 22 constitutional corporation is a party is void to the extent that it 23 requires payment of a bargaining services fee. 24 (4) In this section: 25 permits includes: 26 (a) purports to permit; and 27 (b) has the effect of permitting; and 28 (c) purports to have the effect of permitting. 29 requires includes: 30 (a) purports to require; and 31 (b) has the effect of requiring; and 32 (c) purports to have the effect of requiring. Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005 No. , 2005 3 [Page Break] 1 3 Application 2 The amendment made by item 2 applies in relation to State employment 3 agreements entered into on or after the commencement of the item. 4 Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005 No. , 2005