Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1—Amendments relating to agreements and awards
1 Subsection 4(1) (definition of award)
Repeal the definition, substitute:
award means an award or order that has been reduced to writing under subsection 143(1), but does not include an order made by the Commission in a proceeding under Subdivision B of Division 3 of Part VIA.
2 Subsection 4(1) (subparagraph (a)(i) of the definition of industrial action )
After “Commission,”, insert “by a certified agreement or AWA,”.
3 Subsection 4(1) (paragraph (b) of the definition of industrial action )
After “Commission,”, insert “by a certified agreement or AWA,”.
4 After paragraph 5(7)(a)
Insert:
(aa) certified agreements, to the extent that the agreements are, or are proposed to be, certified in the exercise of the provisions of this Act as applied by the relevant State law; or
5 At the end of subparagraph 33(b)(ii)
Add “or a certified agreement”.
6 Subsection 46(2)
Omit “award or order”, substitute “award, order or decision”.
7 Paragraphs 46(3)(a) and (b)
Omit “award or order” (wherever occurring), substitute “award, order or decision”.
8 Subsections 84(4) and (4A)
Omit “Act and awards”, substitute “Act, awards and certified agreements”.
9 Subsection 86(1)
After “awards”, insert “and certified agreements”.
10 Subparagraph 86(1)(a)(i)
After “award”, insert “or certified agreement”.
11 Subsection 109(8)
Repeal the subsection.
12 Paragraph 111(1)(f)
Omit “(except a certified agreement or enterprise flexibility agreement)”.
13 Sub‑subparagraph 111(1)(g)(v)(A)
After “Commission”, insert “or a certified agreement”.
14 Subsection 111A(1)
After “an award”, insert “or certified agreement”.
15 At the end of subsection 111A(1)
Add “or agreement”.
16 Paragraph 111A(2)(a)
Before “the parties”, insert “in the case of an award—”.
17 After paragraph 111A(2)(a)
Insert:
(aa) in the case of a certified agreement—the persons bound by the agreement, and the employees whose employment is subject to the agreement, are parties to the proceeding on the review, and are entitled to notice of the hearing; and
18 Paragraph 113(2A)(a)
After “award”, insert “or certified agreement”.
19 Paragraph 113(2A)(b)
After “award” (wherever occurring), insert “or agreement”.
20 Subsection 113(2A)
Omit all the words after “by setting aside”, substitute “, setting aside the terms of, or varying, the award or agreement”.
21 Subsection 113(2C)
Omit “the parties to the agreement”, substitute “the persons bound by the agreement and the employees whose employment is subject to the agreement”.
22 Subsection 113(5)
Repeal the subsection, substitute:
(5) In this section:
"discriminatory award or agreement" means an award or certified agreement that:
(a) has been referred to the Commission under section 50A of the Sex Discrimination Act 1984 ; and
(b) requires a person to do any act that would be unlawful under Part II of the Sex Discrimination Act 1984 , except for the fact that the act would be done in direct compliance with the award or agreement.
For the purposes of this definition, the fact that an act is done in direct compliance with the award or agreement does not of itself mean that the act is reasonable.
23 Paragraph 128(1)(b)
Omit “award or an order of the Commission”, substitute “award, an order of the Commission or a certified agreement”.
24 Subsection 134(5) (paragraph (e) of the definition of prescribed premises )
Omit “or” (last occurring).
25 Subsection 134(5) (at the end of the definition of prescribed premises )
Add:
; or (g) a certified agreement is in operation.
26 Subsection 143(1A)
Repeal the subsection, substitute:
(1A) For the purposes of subsection (1), none of the following is an award or an order affecting an award:
(a) a decision to certify an agreement under Part VIB;
(b) an order under section 170MX.
27 Section 145
Repeal the section, substitute:
The date of an award is the day when the award was signed under subsection 143(1).
28 Subsections 149(2) and (3)
Repeal the subsections.
29 Section 170JG
After “Commission”, insert “, or certified agreement or AWA,”.
30 Subsection 178(1)
Omit “award or an order of the Commission breaches a term of the award or order”, substitute “award, an order of the Commission or a certified agreement breaches a term of the award, order or agreement”.
31 Paragraphs 178(2)(a) and (3)(a)
Omit “award or order”, substitute “award, order or agreement”.
32 Subsection 178(4)
Omit “award or order” (first occurring), substitute “award, order or agreement”.
33 Subparagraphs 178(4)(a)(iia) and (iib)
Repeal the subparagraphs, substitute:
(iia) if the breach is of a term of a certified agreement and continues for more than one day—the total of:
(A) $10,000 for a body corporate or $2,000 in other cases; and
(B) $5,000 for a body corporate, or $1,000 in other cases, for each day for which the breach continues; and
(iib) if the breach is of a term of a certified agreement but subparagraph (iia) does not apply—$10,000 for a body corporate or $2,000 in other cases; and
34 Subsection 178(4A)
Omit “$2,500”, substitute “$5,000 for a body corporate, or $1,000 in other cases”.
35 After subsection 178(5)
Insert:
(5A) A penalty for a breach of a term of a certified agreement may be sued for and recovered by:
(a) an inspector; or
(b) an employee whose employment is subject to the agreement; or
(c) a person or organisation that is bound by the agreement; or
(d) an organisation:
(i) that has at least one member whose employment is subject to the agreement; and
(ii) that is entitled to represent the industrial interests of the member in relation to work carried on by the member that is subject to the agreement; or
(e) an officer or employee of an organisation mentioned in paragraph (c) or (d), where the officer or employee is authorised, under the rules of the organisation, to sue on behalf of the organisation.
36 Subsections 178(6), (6A) and (8)
Omit “award or order”, substitute “award, order or agreement”.
37 Subsection 179(1)
Omit “award or order” (first occurring), substitute “award, order or certified agreement”.
38 Subsection 179(1)
Omit “award or order” (second occurring), substitute “award, order or agreement”.
39 Paragraph 180(1)(a)
Omit “award or order”, substitute “award, order or certified agreement”.
40 Paragraph 196(a)
After “award”, insert “or certified agreement”.
41 Subparagraphs 196(b)(i) and (ii)
Omit “award or an order of the Commission”, substitute “award, an order of the Commission or a certified agreement”.
42 Subparagraph 198(3)(a)(i)
Omit “and awards”, substitute “, awards and certified agreements”.
43 Paragraph 205(1)(a)
Omit “and awards”, substitute “, awards and certified agreements”.
44 At the end of subsection 236(6)
Add “or to become bound by a certified agreement”.
45 Paragraph 252(1)(d)
Omit “Act and awards”, substitute “Act, awards and certified agreements”.
46 Paragraph 253A(1)(b)
Omit “Act and awards”, substitute “Act, awards and certified agreements”.
47 Sub‑subparagraph 253Q(2)(c)(ii)(A)
After “awards”, insert “or certified agreements”.
48 Paragraph 253T(a)
Omit “award or an order of the Commission”, substitute “award, an order of the Commission or a certified agreement”.
49 Paragraph 253T(b)
Omit “award or order” (wherever occurring), substitute “award, order or agreement”.
Note: The heading to section 253T is altered by omitting “ awards and orders ” and substituting “ awards, orders and certified agreements ”.
50 Subsection 290(3)
Omit “award or order”, substitute “award, order or certified agreement”.
51 Paragraph 294(1)(a)
Omit “award or an order of the Commission” (wherever occurring), substitute “award, an order of the Commission or a certified agreement”.
52 Paragraph 295(2)(a)
Omit “or under awards or orders made under this Act or any other Act”, substitute “, under awards or orders made under this Act or any other Act or under certified agreements”.
53 Paragraph 298(c)
Omit “award or order of the Commission”, substitute “award, order of the Commission or certified agreement”.
54 Paragraphs 298(d) and (e)
Omit “award or order”, substitute “award, order or agreement”.
55 Section 338
Omit “or an order of the Commission”, substitute “an order of the Commission, or a certified agreement”.
56 Paragraph 353A(1)(a)
After “award”, insert “, a certified agreement or an AWA”.
57 Subsection 353A(2)
After “award”, insert “, a certified agreement or an AWA”.
58 Paragraph 359(2)(f)
Omit “an award or an order of the Commission, of any of the terms of the award or order”, substitute “an award, an order of the Commission or a certified agreement, of any of the terms of the award, order or agreement”.
59 After section 413
Insert:
413A Interpretation of certified agreements
(1) The Court may give an interpretation of a certified agreement on application by:
(a) the Minister; or
(b) an organisation or person bound by the certified agreement; or
(c) an employee whose employment is subject to the agreement.
(2) The decision of the Court is final and conclusive and is binding on:
(a) the organisations and persons bound by the agreement; and
(b) the employees whose employment is subject to the agreement;
who have been given an opportunity of being heard by the Court.
Airports (Transitional) Act 1996
60 At the end of subsection 59(4)
Add:
; or (c) a certified agreement (as defined by section 4 of the Workplace Relations Act 1996 ); or
(d) an Australian Workplace Agreement (as defined by section 4 of the Workplace Relations Act 1996 ); or
(e) an enterprise flexibility agreement (as defined by section 4 of the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 9 to the Workplace Relations and Other Legislation Amendment Act 1996 ) that continues to have effect because of Part 2 of that Schedule.
Disability Discrimination Act 1992
61 Paragraph 47(1)(c)
Repeal the paragraph, substitute:
(c) any of the following:
(i) an order or award of a court or tribunal having power to fix minimum wages;
(ii) a certified agreement (within the meaning of the Workplace Relations Act 1996 );
(iii) an Australian workplace agreement (within the meaning of the Workplace Relations Act 1996 );
to the extent that the order, award or agreement has specific provisions relating to the payment of rates of salary or wages to persons, where:
(iv) if the persons were not in receipt of the salary or wages, they would be eligible for a disability support pension; and
(v) the salary or wages are determined by reference to the capacity of the person.
62 At the end of subsection 40(1)
Add:
; or (f) a certified agreement (within the meaning of the Workplace Relations Act 1996 ).
63 Subsection 50A(1)
After “award”, insert “or certified agreement”.
Note: The heading to section 50A of the Sex Discrimination Act 1984 is altered by inserting “ and certified agreements ” after “ awards ”.
64 Subsection 50A(3)
After “award” (wherever occurring), insert “or agreement”.
65 Subsection 50A(4)
After “award”, insert “or agreement”.
66 Subsection 50A(7)
After “award”, insert “or agreement”.
67 Subsection 50A(9)
Insert:
"certified agreement" has the same meaning as in the Workplace Relations Act 1996 .
68 Subsection 50A(9) (definition of discriminatory act under an award )
Omit “made under the Industrial Relations Act 1988 ”, substitute “or a certified agreement”.
69 Subsection 50A(9) (definition of discriminatory act under an award )
After “with the award”, insert “or agreement”.
70 Subsection 50B(1)
After “award”, insert “or certified agreement”.
Note: The heading to section 50B of the Sex Discrimination Act 1984 is altered by adding at the end “ or certified agreement ”.
71 Paragraph 50B(2)(b)
After “award”, insert “or agreement”.
Part 2—Amendments relating to the repeal of Division 3 of Part VIB of the Workplace Relations Act 1996
72 Subsection 4(1) (definition of agreement )
Repeal the definition.
73 Subsection 4(1) (definition of employer )
Repeal the definition, substitute:
"employer" includes:
(a) a person who is usually an employer; and
(b) an unincorporated club.
74 Subsection 4(1) (definition of enterprise flexibility agreement )
Repeal the definition.
75 Paragraph 45(1)(eaa)
Repeal the paragraph.
76 Paragraph 45(3)(baa)
Repeal the paragraph.
77 Paragraph 111(1)(ca)
Repeal the paragraph.
78 Subsection 113(2D)
Repeal the subsection.
79 Subparagraph 143(2)(b)(iii)
Omit “, or approve implementation of,”.
80 Subparagraph 143(2)(b)(iv)
Omit “or an enterprise flexibility agreement”.
81 Subparagraph 143(2)(d)(ia)
Omit “, or approve implementation of,”.
82 Subparagraph 143(3)(a)(ia)
Omit “, or approve implementation of,”.
83 Subparagraph 143(3)(b)(ii)
Omit “, or approve implementation of,”.
84 Subsections 149(4) and (5)
Repeal the subsections.
85 Subsection 178(4A)
Omit “or enterprise flexibility agreement”.
Part 3—Other amendments relating to agreements etc.
86 After section 291
Insert:
291A Certificate as to requested representation or invitation
(1) If a Registrar is satisfied:
(a) on application by an organisation of employees, that an employee has made a request in accordance with subsection 170LK(4) for the organisation to represent the employee in meeting and conferring with an employer about a proposed agreement; or
(b) on application by an employer, that, after making such a request, the requirement in subsection 170LK(5) for the employer to give a reasonable opportunity to the organisation to meet and confer about the proposed agreement, has, because of subsection 170LK(6), ceased to apply to the employer;
the Registrar may issue a certificate to that effect.
(2) The certificate must not identify any of the employees concerned. However, it must identify the organisation, the employer and the proposed agreement.
(3) The certificate is, for all purposes of this Act, evidence that the employee or employees made the request or that the requirement has ceased to apply.
87 After section 358
Insert:
358A Reports about developments in making agreements
(1) For:
(a) the period from the commencement of this section until the end of 31 December 1997; and
(b) the period of 2 years starting on 1 January 1998 and each following period of 2 years;
the Minister must cause a person to review and report to the Minister in writing about:
(c) developments, in Australia during that period, in bargaining for the making of agreements covered by Parts VIB and VID; and
(d) in particular, the effects that such bargaining has had in Australia during that period on the employment (including wages and conditions of employment) of women, part‑time employees, persons from a non‑English speaking background and young persons.
(2) The person who reviews and reports as mentioned in subsection (1) must be someone who, in the Minister’s opinion, is suitably qualified and appropriate to do so.
(3) The person preparing the report must give it to the Minister as soon as practicable, and in any event within 6 months, after the end of the period to which it relates.
(4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(5) Subsections 34C(4) to (7) of the Acts Interpretation Act 1901 apply to a report under this section as if it were a periodic report as defined in subsection 34C(1) of that Act.
Part 4—Application and transitional
88 Certified agreements
Part 2 of Schedule 8 applies to the amendments made by this Schedule, so far as they relate to certified agreements, in the same way as that Part applies to the amendments made by Part 1 of Schedule 8.
89 Enterprise flexibility agreements
Part 2 of Schedule 9 applies to the amendments made by this Schedule, so far as they relate to enterprise flexibility agreements, in the same way as that Part applies to the amendments made by Part 1 of Schedule 9.
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