Commonwealth Numbered Regulations

1997 No. 48 WORKPLACE RELATIONS REGULATIONS (AMENDMENT) - REG 16

16.1 Heading: Omit the heading, substitute:
                         "SCHEDULE 6              Regulation 30ZF
MODIFICATIONS OF PART VIB, AND OTHER PROVISIONS, OF THE ACT AS APPLIED AS A
LAW OF A STATE
                        Part 1           Subregulation 30ZF (1)
MANDATORY MODIFICATIONS". 16.2 Items 101 and 102: Renumber as 601 and 602.
16.3 Add at the end: "603. Division 3 (Making agreements about industrial
disputes and industrial situations) 603.1 Omit the Division.

"PART 2 Subregulation 30ZF (2) PERMITTED MODIFICATIONS "651. Division 2
(Making agreements with constitutional corporations or the Commonwealth) 651.1
Heading: Omit the heading, substitute:
'Division 2 - Making agreements with employers other than constitutional
corporations or the Commonwealth'. "652. Section 170LH (What this Division
covers) 652.1 Paragraph 170LH (b): Omit the paragraph, substitute:
'(b) employees any of whose terms and conditions are governed by:

        (i)    an award, a certified agreement or an AWA under this Act in its
               operation as a law of the Commonwealth; or

        (ii)   an old IR agreement (within the meaning of regulation 2 of the
               Workplace Relations Regulations of the Commonwealth).'. "653.
               Section 170LI (Nature of agreement) 653.1 Add at the end:
'(3) In this section: persons means persons any of whose terms and conditions
are governed by:

   (a)  an award, a certified agreement or an AWA under this Act in its
        operation as a law of the Commonwealth; or

   (b)  an old IR agreement (within the meaning of regulation 2 of the
        Workplace Relations Regulations of the Commonwealth).'. "654. Section
        170MB (Successor employers bound) 654.1 Paragraph 170MB (1) (b): Omit
        the paragraph, substitute:
'(b) at a later time, a new employer;'. 654.2 After subsection 170MB (1),
insert:
'(1A) If:

   (a)  an employer that is a Commonwealth-law employer within the meaning of
        subsection (1B) is bound by an agreement that, under this Act in its
        operation as a law of the Commonwealth, is a certified agreement (the
        certified agreement); and

   (b)  the application for certification for the certified agreement stated
        that it was made under Division 2 of Part VIB in its operation as a
        law of the Commonwealth; and

   (c)  at a later time, a new employer that is not a Commonwealth-law
        employer within the meaning of subsection (1B) becomes the successor,
        transmittee or assignee (whether immediate or not) of the whole or a
        part of the business concerned;
then, from the later time:

   (d)  the new employer is bound by the certified agreement (to the extent
        that it relates to the whole or the part of the business), as if:

        (i)    that agreement had been certified under Division 4; and

        (ii)   the new employer became bound by that agreement under
               subsection (1); and

   (e)  the previous employer is not bound by that agreement, to the extent
        that it relates to the whole or the part of the business; and

   (f)  a reference in this Part to the employer includes a reference to the
        new employer, and does not include the previous employer, to the
        extent that the context relates to the whole or the part of the
        business.
'(1B) For subsection (1A), an employer is a Commonwealth-law employer if the
employer:

   (a)  is a constitutional corporation; or

   (b)  is the Commonwealth; or

   (c)  carries on a single business or part of a single business in a
        Territory; or

   (d)  is a waterside employer who employs waterside workers in a single
        business or part of a single business of the employer; or

   (e)  employs maritime employees in a single business or part of a single
        business of the employer; or

   (f)  is a flight crew officer's employer who employs flight crew officers
        in a single business or part of a single business of the employer.'.
        654.3 Subsection 170MB (2): Omit 'Subsection (1) does not', substitute
        'Subsections (1) and (1A) do not'. "655. Section 170NE (Eligible
        court) 655.1 Paragraph 170NE (a): Omit the paragraph. "656. Section
        178 (Imposition and recovery of penalties) 656.1 Add at the end:
'(10) Despite the provisions of this section, the Court does not have the
power to impose a penalty or to hear a claim relating to a breach, or an
alleged breach, of a certified agreement made under this Act.'.". 17. New
Schedules 8, 9, 10 and 11 17.1 After Schedule 7, insert:
                 "SCHEDULE 8                  Subregulation 30ZI (1)

PRESCRIBED PROVISION RELATING TO DISCRIMINATION

The parties to this AWA agree that:

   (a)  it is their intention to achieve the principal object in paragraph 3
        (j) of the Workplace Relations Act 1996, which is to respect and value
        the diversity of the work force by helping to prevent and eliminate
        discrimination at their enterprise on the basis of race, colour, sex,
        sexual preference, age, physical or mental disability, marital status,
        family responsibilities, pregnancy, religion, political opinion,
        national extraction or social origin; and

   (b)  any dispute concerning these provisions and their operation will be
        progressed initially under the dispute resolution procedure in this
        AWA; and

   (c)  nothing in these provisions allows any treatment that would otherwise
        be prohibited by anti-discrimination provisions in applicable
        Commonwealth, State or Territory legislation; and

   (d)  nothing in these provisions prohibits:

        (i)    where the AWA is approved before 23 June 2000, the payment of
               junior rates of pay; or

        (ii)   any discriminatory conduct (or conduct having a discriminatory
               effect) that is based on the inherent requirements of a
               particular position; or

        (iii)  any discriminatory conduct (or conduct having a discriminatory
               effect) if:

                (A)  the employee is a member of staff of an institution that
                     is conducted in accordance with the doctrines, tenets,
                     beliefs or teachings of a particular religion or creed;
                     and

                (B)  the conduct was in good faith to avoid injury to the
                     religious susceptibilities of that religion or creed.

                     "SCHEDULE 9               Subregulation 30ZI (2)
PRESCRIBED MODEL DISPUTE RESOLUTION PROCEDURE

In relation to any matter that may be in dispute between the parties to this
AWA ('the matter'), the parties:

   (a)  will attempt to resolve the matter at the workplace level, including,
        but not limited to:

        (i)    the employee and his or her supervisor meeting and conferring
               on the matter; and

        (ii)   if the matter is not resolved at such a meeting, the parties
               arranging further discussions involving more senior levels of
               management (as appropriate); and

   (b)  acknowledge the right of either party to appoint, in writing, another
        person to act on behalf of the party in relation to resolving the
        matter at the workplace level; and

   (c)  agree to allow either party to refer the matter to mediation if the
        matter cannot be resolved at the workplace level; and

   (d)  agree that if either party refers the matter to mediation, both
        parties will participate in the mediation process in good faith; and

   (e)  acknowledge the right of either party to appoint, in writing, another
        person to act on behalf of the party in relation to the mediation
        process; and

   (f)  agree that during the time when the parties attempt to resolve the
        matter:

        (i)    the parties continue to work in accordance with their contract
               of employment unless the employee has a reasonable concern
               about an imminent risk to his or her health or safety; and

        (ii)   subject to relevant provisions of any State or Territory
               occupational health and safety law, even if the employee has a
               reasonable concern about an imminent risk to his or her health
               or safety, the employee must not unreasonably fail to comply
               with a direction by his or her employer to perform other
               available work, whether at the same workplace or another
               workplace, that is safe and appropriate for the employee to
               perform; and

        (iii)  the parties must cooperate to ensure that the dispute
               resolution procedures are carried out as quickly as is
               reasonably possible; and

   (g)  agree not to commence an action:

        (i)    to obtain a penalty under section 170VV of the Act; or

        (ii)   to obtain damages for breach of the AWA; or

        (iii)  to enforce a provision of the AWA or Part VID of the Act (other
               than an action to enforce section 170VU of the Act);
unless:

        (iv)   the party initiating the action has genuinely attempted to
               resolve the dispute at the workplace level; and

   (v)  either:

                (A)  a period of 7 days has expired from the date when the
                     party initiating the action gave notice that mediation is
                     not requested; or

                (B)  mediation was requested by either party and that
                     mediation has been completed.

                      "SCHEDULE 10            Regulation 30ZJ
PRESCRIBED COMMONWEALTH LAWS AND PRESCRIBED CONDITIONS OF EMPLOYMENT -
AUSTRALIAN WORKPLACE AGREEMENTS
1001. Public Service Act 1922
1001.1 Subsection 28 (5)
1001.2 Subsection 29A (3)
1001.3 Section 47B
1001.4 Subsection 62 (10) - Direction to dismiss an officer from the Service
under paragraph 62 (6) (b) of that Act.
1001.5 Subsection 63 (5) - Direction to dismiss an officer from the Service
under paragraph 63(1) (d) of that Act.
1001.6 Section 63D - Direction to dismiss an officer from the Service under
paragraph 62 (6) (b) or 63 (1) (d) of that Act.
1001.7 Section 63G - Direction to dismiss an officer from the Service under
paragraph 62 (6) (b), 63 (1) (d), 63K (3A) (d) or 63L (3A) (d) of that Act.
1001.8 Section 63N
1001.9 Section 63P - Direction to dismiss an officer from the Service under
paragraph 63K (3A) (d), 63L (3A) (d) or 63M (1) (d) of that Act.
1001.10 Subsection 76L (5) - Notice that an officer is to be retired under
paragraph 76 L (3) (c) of that Act.
1001.11 Subsection 76L (5A) - Notice that an officer is to be retired under
paragraph 76 L (3) (c) of that Act.
1001.12 Subsection 76L (7) - Notice that an officer is to be retired under
paragraph 76 L (3) (c) of that Act.
1001.13 Section 76M - Notice under paragraph 76 L (3) (c) of that Act to an
officer (other than an officer who has consented to being given such a
notice).
1001.14 Subsection 76W (4) - Notice that an officer is to be retired under
subsection 76W (1) of that Act.
1001.15 Subsection 76W (5) - Notice that an officer is to be retired under
subsection 76W (1) of that Act.
1001.16 Section 76Z - Notice under subsection 76W (1) of that Act to an
officer (other than an officer who has consented to being given such a
notice).
1002. Public Service Regulations
1002.1 Subregulation 54 (2)
1002.2 Regulation 120 - Notice that an officer is to be retired under
paragraph 76L (3) (c) of the Public Service Act 1922.
1002.3 Regulation 120C - Notice that an officer is to be retired under
subsection 76W (1) of that Act.
1002.4 Regulation 120D - Notice that an officer is to be retired under
subsection 76W (1) of that Act.
1002.5 Regulation 141 - Direction to dismiss an officer from the Service under
paragraph 62 (6) (b) or 63 (1) (d), or subsection 63K (3), 63L (3) or 63M (1),
of that Act.
1002.6 Regulation 166 - Direction to dismiss an officer from the Service under
paragraph 62 (6) (b) or 63 (1) (d), or subsection 63K (3), 63L (3) or 63M (1),
of that Act.
1002.7 Regulation 167 - Direction to dismiss an officer from the Service under
paragraph 62 (6) (b) or 63 (1) (d), or subsection 63K (3), 63L (3) or 63M (1),
of that Act.

                    "SCHEDULE 11                  Regulation 30ZN
MODIFICATIONS OF PART VID OF THE ACT AS APPLIED AS A LAW OF A STATE
                      "PART 1                  Subregulation 30ZN (1)
MANDATORY MODIFICATIONS "1101. Section 170VC (Scope of this Part) 1101.1 Omit
'unless at least one', substitute 'if any'.
                      "PART 2                 Subregulation 30ZN (2)
PERMITTED MODIFICATIONS "1151. Section 170VA (Interpretation) 1151.1
Definition of 'eligible court' (paragraph (a)): Omit the paragraph. "1152.
Section 170VC (Scope of this Part) 1152.1 Add at the end:
'; (g) none of the employee's terms and conditions of employment are governed
by:

        (i)    an award, a certified agreement or an AWA under this Act in its
               operation as a law of the Commonwealth; or

        (ii)   an old IR agreement (within the meaning of regulation 2 of the
               Workplace Relations Regulations of the Commonwealth);'. 1152.2
               Add at the end:
'(h) the employee is employed in one of the following:

        (i)    a department, or part of a department, of the State;

        (ii)   a public service office, or part of a public service office, of
               the State;

        (iii)  an agency, authority, commission, corporation, instrumentality,
               office or other entity established under a State Act or under
               State authorisation for a public or State purpose;

        (iv)   a part of an entity mentioned in subparagraph (iii);

        (v)    a court of the State of any jurisdiction;

        (vi)   a registry or other administrative office of a court of the
               State of any jurisdiction;

        (vii)  any parliamentary service of the State;

        (viii) the Governor's official household and its associated
               administrative unit;

        (ix)   the police service of the State.'. "1153. Section 170VS (AWA
               binds employer's successor) 1153.1 Subsection 170VS (1): Omit
               the subsection, substitute:
'(1) If an employee who is a party to an AWA becomes an employee of a new
employer because the new employer is a successor to the whole or any part of
the previous employer's business or undertaking, then the new employer
replaces the previous employer as a party to the AWA from the succession
time.'. 1153.2 After subsection 170VS (1), insert:
'(1A) Despite subsection (1), a new employer will not become bound by an AWA
if the new employer employs the employee in one of the following:

   (a)  a department, or part of a department, of the State;

   (b)  a public service office, or part of a public service office, of the
        State;

   (c)  an agency, authority, commission, corporation, instrumentality, office
        or other entity established under a State Act or under State
        authorisation for a public or State purpose;

   (d)  a part of an entity mentioned in paragraph (c);

   (e)  a court of the State of any jurisdiction;

   (f)  a registry or other administrative office of a court of the State of
        any jurisdiction;

   (g)  any parliamentary service of the State;

   (h)  the Governor's official household and its associated administrative
        unit;

        (i)    the police service of the State.'. 1153.3 Before subsection
               170VS (2), insert:
'(1B) If:

   (a)  an employee is a party to an agreement that, under this Act in its
        operation as a law of the Commonwealth, is an AWA (the AWA); and

   (b)  the employee becomes an employee of a new employer because the new
        employer is a successor to the whole or any part of the previous
        employer's business or undertaking; and

   (c)  at the succession time, none of the following apply:

        (i)    the new employer is a constitutional corporation;

        (ii)   the new employer is the Commonwealth;

        (iii)  the employee's primary workplace is in a Territory;

        (iv)   the new employer is a waterside employer, the employee is a
               waterside worker and the employee's employment is in connection
               with constitutional trade or commerce;

   (v)  the employee is a maritime employee and the employee's employment is
        in connection with constitutional trade or commerce;

   (vi) the employee is a flight crew officer and the employee's employment is
        in connection with constitutional trade or commerce;
then the new employer is taken to be a party to the AWA as if:

   (d)  the AWA had been approved under this Part; and

   (e)  from the succession time, the new employer replaced the previous
        employer as a party to the AWA under subsection (1).'.".