Commonwealth Numbered Acts Commonwealth Numbered Acts1 Part 5 (heading)
Repeal the heading, substitute:
Part 5 -- Workplace Authority Director
2 Divisions 1 and 2 of Part 5
Repeal the Divisions, substitute:
Division 1 -- Workplace Authority Director
Subdivision A -- Establishment and functions
150A Workplace Authority Director
There is to be a Workplace Authority Director.
150B Functions of Workplace Authority Director
(1) The functions of the Workplace Authority Director are as follows:
(a) to promote an understanding of Commonwealth workplace relations legislation, including by making available to the public general information and guidance about the operation of the legislation;
(b) to provide education, assistance and advice to employees, employers and organisations in relation to their rights and obligations under Commonwealth workplace relations legislation;
(c) to promote the making of workplace agreements;
(d) to provide education, assistance and advice to employees, employers (especially employers in small business) and organisations in relation to workplace agreements;
(e) to accept lodgment of:
(i) workplace agreements; and
(ii) notices about transmission of instruments;
(f) to decide under Division 5A of Part 8 whether workplace agreements pass the fairness test;
(g) to authorise multiple‑business agreements in accordance with the regulations;
(h) to analyse workplace agreements;
(i) to refer matters to the Workplace Ombudsman and workplace inspectors;
(j) to perform any other function conferred on the Workplace Authority Director by Commonwealth workplace relations legislation, the Registration and Accountability of Organisations Schedule or another Act.
(2) In performing his or her functions relating to workplace agreements, the Workplace Authority Director must have particular regard to:
(a) the needs of workers in disadvantaged bargaining positions, including, for example, women, people from a non‑English speaking background, young people, apprentices, trainees and outworkers; and
(b) encouraging parties to agreement‑making to take account of those needs; and
(c) assisting workers to balance work and family responsibilities; and
(d) the need to prevent and eliminate discrimination because of, or for reasons including, race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
150C Minister may give directions to Workplace Authority Director
(1) The Minister may, by legislative instrument, give written directions to the Workplace Authority Director about the performance of his or her functions.
(2) Directions given by the Minister under subsection (1) must be of a general nature only, and cannot relate to a particular case.
(3) The Minister must not direct the Workplace Authority Director in relation to the Workplace Authority Director's performance of functions, or exercise of powers, as an Agency Head under the Public Service Act 1999 .
(4) The Workplace Authority Director must comply with any direction given by the Minister under subsection (1).
(5) Section 42 (Disallowance of legislative instruments) of the Legislative Instruments Act 2003 applies to a direction given under subsection (1) of this section, despite section 44 of that Act.
Subdivision B -- Appointment and terms and conditions
151A Appointment of Workplace Authority Director
(1) The Workplace Authority Director is to be appointed by the Governor‑General by written instrument.
(2) The Governor‑General must not appoint a person as the Workplace Authority Director unless the Minister is satisfied that the person:
(a) has suitable qualifications or experience; and
(b) is of good character.
(3) The Workplace Authority Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(4) The Workplace Authority Director holds office on a full‑time basis.
(1) The Workplace Authority Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Workplace Authority Director is to be paid the remuneration that is prescribed.
(2) The Workplace Authority Director is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
(1) The Workplace Authority Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Workplace Authority Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
151D Other terms and conditions
The Workplace Authority Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor‑General.
The Workplace Authority Director must not engage in paid employment outside the duties of the Workplace Authority Director's office without the Minister's approval.
The Workplace Authority Director must give written notice to the Minister of all interests, pecuniary or otherwise, that the Workplace Authority Director has or acquires that could conflict with the proper performance of the Workplace Authority Director's functions.
(1) The Minister may appoint a person to act as the Workplace Authority Director:
(a) during a vacancy in the office of Workplace Authority Director (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Workplace Authority Director is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
(2) The Minister must not appoint a person to act as the Workplace Authority Director unless the Minister is satisfied that the person:
(a) has suitable qualifications or experience; and
(b) is of good character.
(3) Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(1) The Workplace Authority Director may resign his or her appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
151J Termination of appointment
(1) The Governor‑General may terminate the appointment of the Workplace Authority Director for misbehaviour or physical or mental incapacity.
(2) The Governor‑General must terminate the appointment of the Workplace Authority Director if:
(a) the Workplace Authority Director:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Workplace Authority Director is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Workplace Authority Director engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or
(d) the Workplace Authority Director fails, without reasonable excuse, to comply with section 151F.
Division 2 -- Workplace Authority Deputy Directors
152A Workplace Authority Deputy Directors
The Workplace Authority Director is to be assisted by as many Workplace Authority Deputy Directors as are appointed from time to time.
152B Appointment of Workplace Authority Deputy Director
(1) A Workplace Authority Deputy Director is to be appointed by the Minister by written instrument.
(2) The Minister must not appoint a person as a Workplace Authority Deputy Director unless the Minister is satisfied that the person:
(a) has suitable qualifications or experience; and
(b) is of good character.
(3) A Workplace Authority Deputy Director holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(4) A Workplace Authority Deputy Director is to be appointed on a full‑time or part‑time basis.
(1) A Workplace Authority Deputy Director is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, a Workplace Authority Deputy Director is to be paid the remuneration that is prescribed.
(2) A Workplace Authority Deputy Director is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
(1) A full‑time Workplace Authority Deputy Director has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant a full‑time Workplace Authority Deputy Director leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) The Minister may grant a part‑time Workplace Authority Deputy Director leave of absence on the terms and conditions as to remuneration or otherwise that the Minister determines.
152E Other terms and conditions
A Workplace Authority Deputy Director holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
(1) A full‑time Workplace Authority Deputy Director must not engage in paid employment outside the duties of the Workplace Authority Deputy Director's office without the Minister's approval.
(2) A part‑time Workplace Authority Deputy Director must not engage in any paid employment that conflicts or may conflict with the proper performance of the Workplace Authority Deputy Director's duties.
A Workplace Authority Deputy Director must give written notice to the Minister of all interests, pecuniary or otherwise, that the Workplace Authority Deputy Director has or acquires that could conflict with the proper performance of the Workplace Authority Deputy Director's functions.
(1) A Workplace Authority Deputy Director may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
152J Termination of appointment
(1) The Minister may terminate the appointment of a Workplace Authority Deputy Director for misbehaviour or physical or mental incapacity.
(2) The Minister must terminate the appointment of a Workplace Authority Deputy Director if:
(a) the Workplace Authority Deputy Director:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Workplace Authority Deputy Director is appointed on a full‑time basis and is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Workplace Authority Deputy Director is appointed on a full‑time basis and engages, except with the Minister's approval, in paid employment outside the duties of his or her office; or
(d) the Workplace Authority Deputy Director is appointed on a part‑time basis and engages in paid employment that conflicts or could conflict with the proper performance of the duties of his or her office; or
(e) the Workplace Authority Deputy Director fails, without reasonable excuse, to comply with section 152G.
Division 3 -- Staff, delegations etc.
The staff assisting the Workplace Authority Director in the performance of the Workplace Authority Director's functions must be persons engaged under the Public Service Act 1999 .
(1) The Workplace Authority is established by this subsection.
(2) The Workplace Authority consists of:
(a) the Workplace Authority Director; and
(b) the Workplace Authority Deputy Directors; and
(c) the staff assisting the Workplace Authority Director.
(3) For the purposes of the Public Service Act 1999 :
(a) the Workplace Authority Director and the staff assisting the Workplace Authority Director together constitute a Statutory Agency; and
(b) the Workplace Authority Director is the Head of that Statutory Agency.
(1) The Workplace Authority Director may, in writing, delegate to a person appointed or employed by the Commonwealth any of the Workplace Authority Director's powers or functions.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Workplace Authority Director.
Division 3A -- Workplace Relations Fact Sheet
154A Workplace Authority Director must issue Workplace Relations Fact Sheet
(1) The Workplace Authority Director must, by notice published in the Gazette , issue a document called the Workplace Relations Fact Sheet.
(2) The Workplace Relations Fact Sheet must contain the following:
(a) information about the Australian Fair Pay and Conditions Standard;
(b) information about protected award conditions;
(c) information about the fairness test;
(d) information about the role of the Workplace Authority Director and the Workplace Ombudsman.
(3) The regulations may prescribe other matters relating to the content, form, or manner of providing the Workplace Relations Fact Sheet.
(4) A Workplace Relations Fact Sheet issued under subsection (1) is not a legislative instrument.
154B Employer must give a Workplace Relations Fact Sheet to new employees
(1) If a person becomes an employee of an employer, the employer must take reasonable steps to ensure that the employee is given a copy of the Workplace Relations Fact Sheet issued under section 154A within the period of 7 days commencing on the day on which the person became an employee of the employer.
(2) Subsection (1) is a civil remedy provision.
154C Employer must give a Workplace Relations Fact Sheet to existing employees
(1) An employer must take reasonable steps to ensure that each person who is an employee of the employer on the day on which the Workplace Authority Director issues the first Workplace Relations Fact Sheet under section 154A is given a copy of the Workplace Relations Fact Sheet within the period of 3 months commencing on that day.
(2) Subsection (1) is a civil remedy provision.
154D Penalties for contravention of civil remedy provisions
(1) The Court may make an order imposing a pecuniary penalty on a person who has contravened section 154B or 154C on application by:
(a) a workplace inspector; or
(b) an employee affected by the contravention.
(2) The maximum penalty that may be imposed under subsection (1) is 1 penalty unit.
Note: Division 3 of Part 14 contains other provisions relevant to civil remedies.
3 Division 3 of Part 5 (heading)
Repeal the heading, substitute:
Division 4 -- Reporting and disclosing information
4 Before section 165
Insert:
163A Minister may require reports
(1) The Minister may, in writing, direct the Workplace Authority Director to give the Minister specified reports relating to the Workplace Authority Director's functions.
(2) The Workplace Authority Director must comply with the direction.
(3) A direction made under subsection (1) is not a legislative instrument.
(4) If the report is made in writing, the report is not a legislative instrument.
The Workplace Authority Director must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the operations of the Workplace Authority during that year.
Note: See also section 34C of the Acts Interpretation Act 1901 , which contains extra rules about annual reports.
163C Reports not to include information relating to an individual's affairs
(1) Information relating to the affairs of an individual must not be included in a report under section 163A or 163B if:
(a) the individual is named, or otherwise specifically identified, in the report as the individual to whom the information relates; or
(b) it is reasonably likely that people generally (other than people to whom the individual has disclosed information relating to the individual's affairs) would be able to work out the identity of the individual to whom the information relates.
(2) For the purposes of applying paragraph (1)(b) to information relating to a particular individual's affairs, the context in which the information appears, and information that is otherwise publicly available, must be taken into account (as well as any other relevant matter).
Subdivision B -- Disclosing information
164A Disclosure of information by workplace agreement officials
Disclosure that is necessary or appropriate
(1) A workplace agreement official may disclose information he or she acquired in the course of exercising powers, or performing functions, as such an official, if he or she considers on reasonable grounds that it is necessary or appropriate to do so in the course of exercising his or her powers, or performing his or her functions, as such an official.
Disclosure to Minister
(2) A workplace agreement official may:
(a) provide aggregated statistical information to the Minister; and
(b) give the Minister, in accordance with the regulations, information and copies of documents.
(3) Regulations made for the purposes of paragraph (2)(b) may require that documents given to the Minister are given with such deletions as are necessary to prevent the identification of individuals to whom the documents refer.
Disclosure to Workplace Ombudsman and workplace inspectors
(4) A workplace agreement official may:
(a) disclose information that relates to the functions of the Workplace Ombudsman to the Workplace Ombudsman in response to requests from the Workplace Ombudsman; and
(b) disclose information that relates to the functions of workplace inspectors to workplace inspectors in response to requests from workplace inspectors; and
(c) disclose information to the Workplace Ombudsman or workplace inspectors that the workplace agreement official considers on reasonable grounds is likely to assist the Workplace Ombudsman or workplace inspectors in performing their functions.
Disclosure authorised by regulations to prescribed persons
(5) The regulations may authorise a prescribed workplace agreement official to disclose information of the prescribed kind, to persons of the prescribed kind, for prescribed purposes.
Limits on disclosure
(6) Despite subsections (1), (2) and (4), a prescribed workplace agreement official is not authorised by whichever of those subsections is prescribed to disclose information of the prescribed kind, to persons of the prescribed kind, for prescribed purposes.
(7) Despite subsections (1), (2) and (5), a workplace agreement official is not authorised by any of those subsections to disclose to the Minister information relating to:
(a) a decision under Division 5A of Part 8 whether a particular workplace agreement passes the fairness test; or
(b) whether that Division requires the Workplace Authority Director to decide whether a particular workplace agreement passes the fairness test.
Relationship with the Privacy Act 1988
(8) To avoid doubt, a disclosure in accordance with this section of personal information (within the meaning of the Privacy Act 1988 ) is taken, for the purposes of that Act, to be authorised by law.
Relationship with section 165
(9) To avoid doubt, a disclosure in accordance with this section of protected information (as defined in section 165) is taken, for the purposes of that section, to be permitted by this Act.
Part 2 -- Consequential amendments
Division 1--Workplace Relations Act 1996
5 Subsection 4(1) (definition of Employment Advocate )
Repeal the definition.
6 Subsection 4(1)
Insert:
"member" of the Workplace Authority means a person covered by subsection 153B(2).
7 Subsection 4(1)
Insert:
"workplace agreement official" means:
(a) the Workplace Authority Director; or
(b) a Workplace Authority Deputy Director; or
(c) a member of the staff assisting the Workplace Authority Director; or
(d) a delegate of the Workplace Authority Director.
8 Subsection 4(1)
Insert:
"Workplace Authority Deputy Director" means a Workplace Authority Deputy Director holding office under Part 5.
9 Subsection 4(1)
Insert:
"Workplace Authority Director" means the Workplace Authority Director holding office under Part 5.
10 Paragraph 120(3)(e)
Repeal the paragraph, substitute:
(e) in the case of an appeal under paragraph (1)(d) in relation to an award--by:
(i) an employer, employee or organisation bound by the award; or
(ii) the Workplace Authority Director; and
11 Subsection 165(2) (definition of workplace agreement official )
Repeal the definition.
12 Sections 166, 332, 335, 337, 344, 345, 346A, 357 and 358
Omit "Employment Advocate" (wherever occurring), substitute "Workplace Authority Director".
Note: The headings to sections 166, 342, 344 and 345 are altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
13 Subsection 359(1)
Omit "Employment Advocate", substitute "Workplace Authority Director".
14 Subsection 359(2)
Omit "Employment Advocate's", substitute "Workplace Authority Director's".
15 Sections 360, 361, 363, 370, 377, 378, 380, 381, 384, 389, 390, 392, 393, 395, 396, 416, 417, 418, 578, 583, 585, 595, 598A, 603, 603B and 604
Omit "Employment Advocate" (wherever occurring), substitute "Workplace Authority Director".
Note 1: The headings to sections 360, 363, 375, 377, 378, 388, 389, 390, 395, 396, 603 and 603B are altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
Note 2: The headings to subsections 603(4) and 603B(3) are altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
Note 3: The heading to section 604 is altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
16 Section 6 of Schedule 1 (definition of Employment Advocate )
Repeal the definition.
17 Subparagraph 337A(b)(ii) of Schedule 1
Repeal the subparagraph, substitute:
(ii) a workplace agreement official (as defined in the Workplace Relations Act);
18 Paragraphs 2(2)(m), (n) and (o) of Schedule 2
Repeal the paragraphs, substitute:
(m) paragraph 150B(1)(b);
(n) paragraph 150B(1)(d);
19 Paragraphs 3(2)(f), (g) and (h) of Schedule 2
Repeal the paragraphs, substitute:
(f) paragraph 150B(1)(b);
(g) paragraph 150B(1)(d);
20 Paragraphs 4(2)(m) and (n) of Schedule 2
Repeal the paragraphs, substitute:
(m) section 151E;
(ma) paragraph 151J(2)(c);
(n) subsections 152F(1) and (2);
(na) paragraph 152J(2)(c);
(nb) paragraph 152J(2)(d);
21 Clauses 72B, 72G, 72K and 72L of Schedule 6
Omit "Employment Advocate" (wherever occurring), substitute "Workplace Authority Director".
Note 1: The heading to clause 72K of Schedule 6 is altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
Note 2: The heading to subclause 72K(4) of Schedule 6 is altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
Note 3: The heading to clause 72L of Schedule 6 is altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
22 Clauses 9 and 15B of Schedule 8
Omit "Employment Advocate", substitute "Workplace Authority Director".
23 Subclause 19(1) of Schedule 8
Omit "Employment Advocate", substitute "Workplace Authority Director".
24 Subclause 19(2) of Schedule 8
Omit "Employment Advocate's", substitute "Workplace Authority Director's".
25 Subclauses 19(3), (5), (9), (10), (11) and (12) of Schedule 8
Omit "Employment Advocate" (wherever occurring), substitute "Workplace Authority Director".
Note: The headings to subclauses 19(3) and (9) of Schedule 8 are altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
26 Subclause 42(1) of Schedule 8
Omit "Employment Advocate", substitute "Workplace Authority Director".
27 Subclause 42(2) of Schedule 8
Omit "Employment Advocate's", substitute "Workplace Authority Director's".
28 Subclauses 42(3), (5), (9), (10), (11) and (12) of Schedule 8
Omit "Employment Advocate" (wherever occurring), substitute "Workplace Authority Director".
Note: The headings to subclauses 42(3) and (9) of Schedule 8 are altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
29 Clauses 2, 7, 10, 19, 27A, 29, 29B and 30 of Schedule 9
Omit "Employment Advocate" (wherever occurring), substitute "Workplace Authority Director".
Note 1: The headings to clauses 29 and 29B of Schedule 9 are altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
Note 2: The heading to subclause 29B(3) of Schedule 9 is altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
Note 3: The heading to clause 30 of Schedule 9 is altered by omitting " Employment Advocate " and substituting " Workplace Authority Director ".
Coal Mining Industry (Long Service Leave Funding) Act 1992
30 Subsection 4(1) (definition of industrial authority )
After "Australian Industrial Relations Commission,", insert "the Workplace Authority Director,".
Financial Management and Accountability Regulations 1997
31 At the end of Part 1 of Schedule 1
Add:
|
146 |
Workplace Authority, comprising: (a) the Workplace Authority Director; and (b) the Workplace Authority Deputy Directors; and (c) the staff assisting the Workplace Authority Director. See Note B |
Workplace Authority Director |
Part 3 -- Transitional provisions
32 General transitional provision
(1) This item applies to anything done by or in relation to the Employment Advocate before the commencement of this Schedule.
(2) For the purposes of the operation of an Act, or an instrument (including regulations) or agreement made under an Act, in relation to a time on or after the commencement of this Schedule, the thing is taken to have been done by or in relation to the Workplace Authority Director.
(3) Subitem (2) does not affect the time the thing was done.
(4) This item does not affect the following items in this Part.
33 Substitution of parties to proceedings
From the commencement of this Schedule, the Workplace Authority Director is substituted for the Employment Advocate as a party in any proceedings that were pending in any court or tribunal immediately before that commencement.
34 Gazette notices of requirements
(1) This item applies to a requirement that:
(a) was made under any of the following provisions of the Workplace Relations Act 1996 :
(i) paragraph 337(4)(d);
(ii) subsection 344(3);
(iii) paragraph 370(4)(d);
(iv) subsection 377(3);
(v) paragraph 384(3)(c);
(vi) subsection 389(3);
(vii) paragraph 392(5)(b);
(viii) paragraph 392(5)(c);
(ix) paragraph 393(5)(c);
(x) paragraph 393(5)(d);
(xi) subsection 395(3); and
(b) was made by notice published in the Gazette before the amendment of the provision by this Schedule; and
(c) was in force immediately before the amendment.
(2) The requirement has effect on and after the amendment as if it had been made under the provision as amended.
(3) This item does not prevent amendment or revocation of the requirement.
35 Workplace agreement officials
(1) For the purposes of the operation of section 165 of the Workplace Relations Act 1996 on and after the amendment of that section by this Schedule, a person is taken to be a workplace agreement official if the person was, at any time before that amendment, a workplace agreement official as defined in that section before that amendment.
(2) Subitem (1) does not limit the definition of workplace agreement official in subsection 4(1) of the Workplace Relations Act 1996 as amended by this Schedule.
36 Annual report on Employment Advocate's operations
(1) Despite its repeal by this Schedule, section 155 (Annual report) of the Workplace Relations Act 1996 continues to apply in relation to each financial year that:
(a) is the financial year (the repeal year ) in which this Schedule commences or the financial year immediately before the repeal year; and
(b) is a financial year for which the Employment Advocate had not given the Minister a report under that section before the repeal.
(2) However, that section applies as if it required the Workplace Authority Director (instead of the Employment Advocate) to prepare and give the report.