Commonwealth Numbered Regulations

1997 No. 48 WORKPLACE RELATIONS REGULATIONS (AMENDMENT) - REG 9

9.1 After Part 5B, insert:
              "PART 5C - AUSTRALIAN WORKPLACE AGREEMENTS
Interpretation

"30ZH. Expressions that are used in this Part and in Part VID of the Act have,
in this Part, the same respective meanings as in that Part of the Act.

Content of AWA

"30ZI. (1) For subsection 170VG (1) of the Act, the provisions relating to
discrimination set out in Schedule 8 are prescribed.

"(2) For subsection 170VG (3) of the Act, the model procedure set out in
Schedule 9 is prescribed.

Prescribed conditions of employment specified in prescribed Commonwealth laws
(Act, s. 170VR (4))

"30ZJ. (1) For subsection 170VR (4) of the Act:

   (a)  the following laws are prescribed:

        (i)    the Public Service Act 1922;

        (ii)   the Public Service Regulations;

        (iii)  all determinations made under section 82D of the Public Service
               Act 1922; and

   (b)  the following conditions of employment are prescribed:

        (i)    subject to subregulation (2), each condition of employment
               provided for in a provision of a law referred to in
               subparagraph (a) (i) or (ii) that is specified in Schedule 10;

        (ii)   each condition of employment provided for in the determinations
               referred to in subparagraph (a) (iii).

"(2) If a condition of employment referred to in subparagraph (1) (b) (i) is
provided for by a provision in relation to which a particular matter or
circumstance is specified in Schedule 10, that condition of employment is
prescribed only to the extent to which that condition relates to the matter or
circumstance so specified.

AWA industrial action - continuity of employment not affected

"30ZK. (1) For subsection 170WC (4) of the Act, prescribed purposes are the
assessment of eligibility for, or the calculation of, any benefit or
entitlement arising from the employees' employment by the employer, including,
in particular:

   (a)  superannuation entitlements; and

   (b)  authorised leave entitlements; and

   (c)  remuneration and promotion as affected by seniority; and

   (d)  entitlement (if any) to notice on termination of employment.

"(2) In paragraph (1) (b), 'authorised leave' means leave authorised:

   (a)  by the employer; or

   (b)  by an award or order of a court or tribunal that has power to fix
        wages and other terms and conditions of employment; or

   (c)  by a certified agreement, an AWA, a State employment agreement or an
        old IR agreement; or

   (d)  by the employee's contract of employment; or

   (e)  by a law of the Commonwealth, or of a State or Territory.

Immunity conditional on giving notice

"30ZL. For subsection 170WD (1) of the Act, a notice must be in writing and
must include, or be accompanied by, particulars of:

   (a)  any matter that the party intending to take the action proposes as a
        matter that should be dealt with by the AWA; and

   (b)  the proposed nominal expiry date of the AWA; and

   (c)  the proposed date or dates on which the action will take place; and

   (d)  the proposed duration of the action; and

   (e)  the proposed nature and form of the action.

Exception to prohibition on disclosure of identity of AWA parties

"30ZM. (1) For paragraph 170WHB (2) (b) of the Act, a disclosure by a person
(the 'entrusted person') to an authorised person of protected information that
the entrusted person knows, or has reasonable grounds to believe, will
identify another person as being, or having been, a party to an AWA is
authorised if the disclosure of the protected information is for the purpose
of:

   (a)  providing analyses of trends in agreement making; or

   (b)  preparing reports on enterprise bargaining for the purposes of section
        358A of the Act.

"(2) In this regulation:
'authorised person' means:

   (a)  for the purposes of paragraph (1) (a):

        (i)    the Employment Advocate; or

        (ii)   a person authorised in writing by the Employment Advocate; or

   (b)  for the purposes of paragraph (1) (b):

        (i)    the Employment Advocate; or

        (ii)   a person authorised in writing by the Employment Advocate; or

        (iii)  a person authorised in writing by the Minister for Industrial
               Relations;
'protected information' has the same meaning as in subsection 170WHB (4) of
the Act.

Modification of AWA provisions applied as State law

"30ZN. (1) For paragraph (a) of the definition of 'complementary State law' in
subsection 170WKA (2) of the Act, the modifications in Part 1 of Schedule 11
are required in relation to the application, as a law of a State, of the AWA
provisions of the Act.

"(2) For paragraph (b) of the definition of 'complementary State law' in
subsection 170WKA (2) of the Act, the modifications in Part 2 of Schedule 11
are permitted in relation to the application, as a law of a State, of the AWA
provisions of the Act.

Qualifications and appointment of bargaining agents

"30ZO. (1) For paragraph 170WL (b) of the Act, a person is excluded from being
appointed or holding an appointment as a bargaining agent if the person:

   (a)  has been appointed as the bargaining agent for the other party to the
        AWA; or

   (b)  is bankrupt or is applying to take the benefit of any law for the
        relief of a bankrupt or insolvent debtor; or

   (c)  has not attained the age of 18 years.

"(2) For paragraph 170WL (b) of the Act, if, before or after the commencement
of this regulation, a person has been convicted of:

   (a)  an offence against a Commonwealth, State or Territory law punishable
        by imprisonment for 1 year or longer; or

   (b)  an offence against a Commonwealth, State or Territory law that
        involves dishonesty and is punishable by imprisonment for 6 months or
        longer; or

   (c)  an offence in connection with the negotiation of a certified
        agreement, an old IR agreement, an AWA or ancillary document (whether
        or not as a bargaining agent), or a State agreement under a State law;
        or

   (d)  an offence under the Act; that person is excluded from being appointed
        or holding an appointment as a bargaining agent within the period of 5
        years after the date of conviction or, if the person was sentenced to
        imprisonment, after release from prison.

"(3) A person who is excluded from being appointed or holding an appointment
as a bargaining agent under subregulation (1) or (2) may apply to the Court
for leave to hold an appointment as a bargaining agent.

"(4) When granting leave under this regulation, the Court may impose any
conditions or restrictions that it thinks fit.

"(5) The Court may at any time, on the application of the Employment Advocate,
revoke leave granted by the Court under this regulation.

"(6) It is a condition of the appointment of an organisation, or any other
incorporated body, as a bargaining agent that each individual who carries out
the functions of a bargaining agent on its behalf is, at all material times, a
person who is not excluded by the preceding provisions of this regulation from
being a bargaining agent.

Required form of AWAs and ancillary documents

"30ZP. For paragraph 170WL (c) of the Act, every AWA and ancillary document
must:

   (a)  be in the English language; and

   (b)  be printed in legible typescript; and

   (c)  include the full name and address of each party who signs the
        document.

Witnessing of signatures on AWAs and ancillary documents

"30ZQ. (1) For paragraph 170WL (d) of the Act, a person who signs an AWA or an
ancillary document as a witness must also include his or her full name and
address.

"(2) For paragraph 170WL (d) of the Act, the following persons cannot witness
a party's signature on an AWA or an ancillary document:

   (a)  the other party to the AWA or ancillary document;

   (b)  the bargaining agent of the other party to the AWA or ancillary
        document;

   (c)  where the other party to the AWA or ancillary document is a
        corporation - a person who is a director of the corporation or a
        person involved in the day to day management of the corporation.".