Part 1—Amendments
Workplace Relations Act 1996
1 Subsection 170LU(2A)
Omit all the words after
"contains", substitute "objectionable provisions (within the meaning of
section 298Z)" .
2 Paragraph 170MD(7)(e)
Omit "preference clauses",
substitute "objectionable provisions".
3 Subsection 298B(1)
Insert:
bargaining services means services provided by (or on behalf of) an industrial
association in relation to an agreement, or a proposed agreement, under
Part VIB (including the negotiation, making, certification, operation,
extension, variation or termination of the agreement).
4 Subsection 298B(1)
Insert: bargaining services fee means a fee (however
described) payable:
- (a)
- to an industrial association; or
- (b)
- to someone else in lieu of an industrial association;
wholly or partly for the provision, or purported provision, of bargaining
services, but does not include membership dues.
5 Section 298C
After "This Part", insert "(except Divisions 6 and
7)".
- Note: The heading to section 298C is altered by omitting " of this
Part ".
6 At the end of subsection 298L(1)
Add:
; or (o) in the case of an employee or an independent contractor—has not
paid, has not agreed to pay, or does not propose to pay, a bargaining services
fee.
7 At the end of section 298Q
Add:
- (2)
- An industrial association, or an
officer or member of an industrial association, must not:
- (a)
- take, or threaten to take, action having the effect, directly or
indirectly, of prejudicing a person in the person's employment or possible
employment; or
- (b)
- advise, encourage or incite a third person to take action having the
effect, directly or indirectly, of prejudicing a person in the person's
employment or possible employment;
for the reason that, or for reasons that include the reason that, the person
has not paid, has not agreed to pay, or does not propose to pay, a bargaining
services fee.
8 At the end of section 298S
Add:
- (3)
- An industrial association, or an
officer or member of an industrial association, must not:
- (a)
- advise, encourage or incite a person (whether an employer or not) to take
discriminatory action against an eligible person for a prohibited reason; or
- (b)
- take, or threaten to take, industrial action against an employer with
intent to coerce the employer to take discriminatory action against an
eligible person for a prohibited reason; or
- (c)
- take, or threaten to take, industrial action against an eligible person
for a prohibited reason.
- (4)
- Conduct mentioned in subsection (3) is carried out for a prohibited
reason if it is carried out because the eligible person concerned has not
paid, has not agreed to pay, or does not propose to pay, a bargaining services
fee.
9 At the end of Division 5 of Part XA
Add: 298SA Industrial
associations not to demand bargaining services fee
- (1)
- An industrial
association, or an officer or member of an industrial association, must not
demand (whether orally or in writing) payment of a bargaining services fee
from another person.
- (1A)
- Nothing in this section prevents an industrial association from demanding
payment of a bargaining services fee that is payable to the association under
a contract for the provision of bargaining services.
- (2)
- In this section:
demand includes:
- (a)
- purport to demand; and
- (b)
- have the effect of demanding; and
- (c)
- purport to have the effect of demanding.
298SB Action to coerce person to pay bargaining services fee
An industrial association, or an officer or member of an industrial
association, must not take, or threaten to take, action against a person with
intent to coerce the person, or another person, to pay a bargaining services
fee.
298SBA Industrial associations not prevented from entering contracts
To avoid doubt, nothing in this Division prevents an industrial association
from entering into a contract for the provision of bargaining services with a
person who is not a member of the association.
10 After Division 5 of Part XA
Insert: Division 5A—False or
misleading representations about bargaining services fees etc.
298SC False or
misleading representations about bargaining services fees etc.
A person must not make a false or misleading representation about:
- (a)
- another person's liability to pay a bargaining services fee; or
- (b)
- another person's obligation to enter into an agreement to pay a bargaining
services fee; or
- (c)
- another person's obligation to join an industrial association.
11 At the end of section 298Y
Add:
- (2)
- A provision of a certified
agreement is void to the extent that it requires payment of a bargaining
services fee.
- Note: The heading to section 298Y is altered by adding at the end " etc.
"
12 Subsection 298Z(5)
Repeal the subsection, substitute:
- (5)
- An
objectionable provision is:
- (a)
- a provision (however described) of an award or a certified agreement that
requires or permits any conduct that would contravene this Part or that would
(if Division 2 were disregarded) contravene this Part; or
- (b)
- a provision (however described) of a certified agreement that requires
payment of a bargaining services fee.
- (6)
- For the purpose of determining whether a provision of an award or
certified agreement is an objectionable provision, it does not matter whether
that provision is void because of section 298Y.
- (7)
- In subsection (5):
permits includes:
- (a)
- purports to permit; and
- (b)
- has the effect of permitting; and
- (c)
- purports to have the effect of permitting.
requires includes:
- (a)
- purports to require; and
- (b)
- has the effect of requiring; and
- (c)
- purports to have the effect of requiring.
- Note: The heading to section 298Z is altered by omitting " preference
clauses " and substituting " objectionable provisions ".
13 Application of items 1 and 2
The amendments made by items 1 and
2 apply for the purpose of any consideration by the Commission after the
commencement of this item in relation to a certified agreement, even if the
application to the Commission was made before that commencement.
14
Application of item 11
The amendment made by item 11 applies in
relation to any certified agreement whether certified before or after the
commencement of this item.
15 Application of item 12
The amendment made
by item 12 applies in relation to:
- (a)
- applications made before the
commencement of this item but not decided by the Commission before that
commencement; and
- (b)
- applications made after the commencement of this item in relation to
certified agreements certified before or after that commencement.
16 Payments received before commencement
To avoid doubt, the amendments made
by Part 1 of this Schedule do not affect payments received before the
commencement of this item.
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