Commonwealth Consolidated Acts

WORKPLACE RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1996 - SCHEDULE 7

Part 1—Amendments

Workplace Relations Act 1996

1  Subsection 4(1) (paragraph (d) of the definition of Anti‑Discrimination Conventions )

Omit “(a copy of the English text of the Preamble, and Parts II and III, of the Covenant is set out in Schedule 8)”.

2  Subsection 4(1) (definition of Equal Remuneration Convention )

Omit “, a copy of the English text of which is set out in Schedule 6”.

3  Subsection 4(1) (definition of Minimum Wages Convention )

Repeal the definition.

4  Division 1 of Part VIA

Repeal the Division.

5  Paragraph 170BA(b)

Omit “, and a copy of the English text of which is set out in Schedule 7”.

6  Paragraph 170BA(c)

Omit “, and a copy of the English text of which is set out in Schedule 9”.

7  Section 170BH

Omit “This Division”, substitute “Subject to section 170BHA, this Division”.

8  After section 170BH

Insert:

170BHA  Applications under this Division

             (1)  An application must not be made under this Division for an order to secure equal remuneration for work of equal value for an employee if proceedings for an alternative remedy:

                     (a)  to secure such remuneration for the employee; or

                     (b)  against unequal remuneration for work of equal value for the employee;

have begun:

                     (c)  under another provision of this Act; or

                     (d)  under another law of the Commonwealth; or

                     (e)  under a law of a State or Territory.

             (2)  Subsection (1) does not prevent an application under this Division if the proceedings for the alternative remedy:

                     (a)  have been discontinued by the party who initiated the proceedings; or

                     (b)  have failed for want of jurisdiction.

             (3)  If an application under this Division has been made for an order to secure equal remuneration for work of equal value for an employee, a person is not entitled to take proceedings for an alternative remedy under a provision or law of a kind referred to in subsection (1):

                     (a)  to secure such remuneration for the employee; or

                     (b)  against unequal remuneration for work of equal value for the employee.

             (4)  Subsection (3) does not prevent the taking of proceedings for an alternative remedy if the proceedings under this Division:

                     (a)  have been discontinued by the party who initiated the proceedings; or

                     (b)  have failed for want of jurisdiction.

9  Division 6 of Part VIA

Repeal the Division.

10  Schedule 5

Repeal the Schedule.

11  Schedules 6 and 7

Repeal the Schedules.

Part 2—Transitional and saving provisions

12  Orders in force under Division 1 of Part VIA

Any order made under Division 1 of Part VIA of the Workplace Relations Act and in force immediately before the repeal of that Division continues in force, on and after that repeal, subject to the terms of Division 4 of that Part, as if the repeal had not taken effect.

13  Application of section 170BHA

(1)        Subsections 170BHA(1) and (2) of the Workplace Relations Act have effect in relation to the prevention of an application being made under Division 2 of Part VIA of that Act on or after the commencement of this Schedule, whether or not the proceedings for an alternative remedy referred to in subsection 170BHA(1) began before that commencement.

(2)        Subsections 170BHA(3) and (4) of the Workplace Relations Act have effect in relation to the prevention of the taking of proceedings for an alternative remedy referred to in subsection 170BHA(3) on or after the commencement of this Schedule, whether or not the application under Division 2 of Part VIA referred to in that subsection was made before that commencement.