Commonwealth Consolidated Acts

WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1996 - SCHEDULE 20

Workplace Relations Act 1996

1  Title

Omit “ the prevention and settlement of certain industrial disputes ”, substitute “ workplace relations ”.

2  Subsection 4(1) (at the end of the definition of employee )

Add “, but does not include a person who is undertaking a vocational placement”.

3  Subsection 4(1) (at the end of paragraph (a) of the definition of magistrate’s court )

Add “or”.

4  Subsection 4(1) (paragraph (b) of the definition of magistrate’s court )

Omit “or” (last occurring).

5  Subsection 4(1) (paragraph (c) of the definition of magistrate’s court )

Repeal the paragraph.

6  Subsection 4(1) (definition of Vice President )

Repeal the definition, substitute:

"Vice President" means a Vice President of the Commission.

7  Subsection 4(1)

Insert:

"vocational placement" means a placement that is:

                     (a)  undertaken with an employer for which a person is not entitled to be paid any remuneration; and

                     (b)  undertaken as a requirement of an education or training course; and

                     (c)  authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory.

8  Subsection 17(1)

Omit all the words after “may appoint”, substitute “a person who is qualified to be appointed as the President to act in that office”.

9  Subsections 17(1A) and (1B)

Repeal the subsections.

10  Subsection 17(3)

Repeal the subsection, substitute:

             (3)  For the purpose of subsection (1) only, a person is not disqualified from appointment as the President merely because the person has reached the age of 65.

11  At the end of section 17A

Add:

             (3)  For the purpose of subsection (1) only, a person is not disqualified from appointment as a Vice President merely because the person has reached the age of 65.

12  Paragraph 38(1)(a)

Repeal the paragraph, substitute:

                     (a)  a Vice President; and

13  At the end of subparagraph 111(1)(g)(v)

Add:

                                    or (C)  has contravened a recommendation of the Commission under section 111AA;

14  Before section 111A

Insert:

111AA  Recommendations by consent

             (1)  If:

                     (a)  the Commission is exercising powers of conciliation in relation to a particular matter; and

                     (b)  all the parties request the Commission to conduct a hearing and make recommendations about particular aspects of the matter on which they are unable to reach agreement (which may be all aspects of the matter); and

                     (c)  the Commission is satisfied that all the parties:

                              (i)  have made a genuine attempt to agree about those aspects of the matter; and

                             (ii)  have agreed to comply with the Commission’s recommendations;

the Commission must conduct a hearing and make recommendations about those aspects of the matter.

             (2)  This section does not prevent the Commission from making recommendations in other circumstances.

15  Section 177

Repeal the section.

16  Section 304

Omit “$500 or imprisonment for 6 months, or both”, substitute “Imprisonment for 6 months”.

17  Section 305

Repeal the penalty, substitute:

Penalty:  Imprisonment for 6 months.

18  Section 320

Repeal the section.

19  Section 356

Omit “a penalty under section 170EF, 178 or 311”, substitute “a monetary penalty under this Act (other than a penalty for an offence)”.

20  Paragraphs 357(1)(aa) and (a)

Repeal the paragraphs, substitute:

                     (a)  imposed a monetary penalty under this Act (other than a penalty for an offence); or

21  At the end of paragraphs 357(1)(b) and (ba)

Add “or”.

22  Paragraph 357(1)(c)

Repeal the paragraph.