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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Industrial Relations Amendment Bill
2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Industrial Relations Act 1996 No 17 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Industrial Relations Amendment Bill
2000
Act No , 2000
An Act to amend the Industrial Relations Act 1996 to make further provision with
respect to industrial relations.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Industrial Relations Amendment Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Industrial Relations Amendment Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Industrial Relations Act 1996 No 17
The Industrial Relations Act 1996 is amended as set out in Schedule 1.
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Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 15 Commencement of award
Insert after section 15 (3):
(4) Despite subsection (3), the following awards may, with the
consent of the parties to the making of the award, apply
retrospectively from a date, specified in the award, that is
earlier than any date referred to in that subsection:
(a) an award that sets conditions of employment in
connection with a project,
(b) an award that sets conditions of employment for
employees of a single employer or for employees of two
or more associated employers.
Explanatory note
Section 15 of the Principal Act, which provides for the commencement of awards,
specifies that an award, though it can be expressed to apply retrospectively, cannot
commence earlier than the commencement of proceedings for (or that give rise to) the
award. The section is amended so as to provide that a project award or an award relating
to one or more associated employers may, with the consent of the parties to the making
of the award, commence retrospectively from any earlier date selected by the parties to
it.
[2] Section 28A
Insert before section 29:
28A Definitions
In this Part:
Federal award means an award within the meaning of the
Workplace Relations Act 1996 of the Commonwealth.
State award means:
(a) an award made, or taken to be made, by the
Commission under this Act, and
(b) any order of the Commission under this Act that sets
conditions of employment (but not including a dispute
order, an order under Part 6 or a stand-down order
under section 126), and
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Schedule 1 Amendments
(c) a determination under section 63 of the Public Sector
Management Act 1988, or any similar determination
relating to employment in the public sector (including
employment with an area health service), and
(d) a public sector industrial agreement, and
(e) a former industrial agreement, and
(f) any other instrument made under this Act, or made
under any other Act, relating to conditions of
employment that is declared by the regulations to be a
State award for the purposes of this Part.
Explanatory note
This amendment is consequential on the proposed amendment of section 35 (1) by
item [4] with respect to the applicable test for the approval of enterprise agreements.
[3] Section 31 Parties to an enterprise agreement
Insert "Section 36 (5A) provides that an industrial organisation can become
a party to the agreement." after "secret ballot." in the note to section 31 (2).
Explanatory note
The amendment is consequential on the amendment made by item [7] to insert section
36 (5A).
[4] Section 35 Approval of enterprise agreement by Commission
Omit section 35 (1) (b). Insert instead:
(b) in the case of an agreement that covers employees to
whom State awards would otherwise apply--the
agreement does not, on balance, provide a net detriment
to the employees when compared with the aggregate
package of conditions of employment under the State
awards, and
(b1) in the case of an agreement that covers employees to
whom Federal awards would otherwise apply--the
employees are not disadvantaged in comparison to their
entitlements under the Federal awards, and
(b2) in the case of an agreement that covers employees to
whom no State or Federal award would otherwise
apply--the agreement does not, on balance, provide a
net detriment to the employees when compared with the
aggregate package of conditions of employment under
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Amendments Schedule 1
a State or Federal award that covers employees
performing similar work to that performed by the
employees covered by the agreement, and
Explanatory note
Sections 3237 of the Principal Act (the NSW Act) provide for the approval by the
Industrial Relations Commission of enterprise agreements before they have effect. The
Commission is required to approve each enterprise agreement lodged for approval but
only if the Commission is satisfied that the criteria set out in section 35 apply. One of
those criteria is the "no net detriment" test, which requires the Commission to approve an
enterprise agreement only if the agreement does not, on balance, result in a net
detriment to the employees who are to be covered by the agreement when compared
with the aggregate package of conditions of employment under the relevant State award
that would otherwise apply to the employees.
Section 152 of the Workplace Relations Act 1996 of the Commonwealth (the Federal Act)
provides that Federal award coverage does not prevent the making of State enterprise
agreements that prevail over Federal awards, provided that certain conditions are
satisfied in relation to the making of the State agreements. One of those conditions (set
out in section 152 (5) (a) of the Federal Act) is that the State industrial authority that
approves the enterprise agreement must be satisfied that the employees covered by the
agreement are not disadvantaged in comparison to their entitlements under the relevant
Federal award. Under the current wording of the "no net detriment" test, the criteria
considered by the Industrial Relations Commission of New South Wales, and the
comparisons required to be made, are not expressed in the same terms as those
required by the Federal Act, so that enterprise agreements approved under the NSW Act
might not prevail over Federal awards in the manner anticipated by the Federal Act.
The application of the "no net detriment" test to employees to whom no award applies is
also unclear. The current test requires a comparison to be made between the conditions
of employment under the enterprise agreement and those under "relevant awards that
would otherwise apply to the employees". In the case of non-award employees there are
no awards against which to make the comparison.
The amendment to section 35 (1) of the Principal Act restates the "no net detriment" test
so as to accommodate the test under the Federal Act and to provide for an appropriate
comparison in the case of employees not covered by any award (State or Federal),
namely an award the Commission determines covers employees performing similar work.
The application of the "no net detriment" test to State award employees remains
unchanged.
[5] Section 35 (4)
Omit the subsection.
[6] Section 36 Special requirements relating to enterprise agreements to
which employees are parties
Omit "awards" wherever occurring in section 36 (2) (b) and (5).
Insert instead "State or Federal awards".
Explanatory note (items [5] and [6])
The amendments are consequential on the proposed amendment of section 35 (1) by
item [4] with respect to the applicable test for the approval of enterprise agreements.
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[7] Section 36 (5A)
Insert after section 36 (5):
(5A) The Commission must, by its order, make an industrial
organisation a party to the enterprise agreement if it is satisfied
that:
(a) the industrial organisation represents any of the
employees covered by the enterprise agreement, and
(b) the industrial organisation has notified the Commission
of its intention to become a party to the agreement by
lodging a notice to that effect with the Industrial
Registrar at any time before the Commission approves
of the agreement under this Part, and
(c) an employee covered by the agreement is a member of
the industrial organisation and has requested the
industrial organisation to become a party to the
agreement.
The Commission may direct that the name of an employee who
made that request is not to be disclosed to the employer or
other person.
Explanatory note
At present section 31 of the Principal Act provides that an enterprise agreement may be
made between an employer and any industrial organisations representing the employees
or between an employer and the employees. All enterprise agreements are required to
be approved by the Commission before they have effect. The amendment enables an
industrial organisation that represents any of the employees who have made an
enterprise agreement directly with an employer to become a party to the agreement at
any time before its approval by the Commission if at least one of those employees has
requested the industrial organisation to become a party to the agreement. As a result,
section 40 of the Principal Act provides that the agreement will bind the industrial
organisation and section 44 of the Principal Act provides that the industrial organisation
may terminate the agreement after the end of its nominal term or join the other parties
to terminate the agreement during its nominal term.
[8] Section 36 (6)
Omit the subsection.
Explanatory note
The amendment is consequential on the proposed amendment of section 35 (1) by
item [4] with respect to the applicable test for the approval of enterprise agreements.
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[9] Section 36A
Insert after section 36:
36A Determination of comparable award for purposes of approval of
agreement for employees without award coverage
(1) This section applies to an enterprise agreement that is in the
process of being negotiated and that will cover employees to
whom no State or Federal award would otherwise apply.
(2) A party to any such enterprise agreement may, before making
an application for approval of the enterprise agreement under
this Part, make a written application to the Industrial Registrar
for a determination of the relevant State or Federal award
against which the enterprise agreement will be compared for
the purposes of the application of the "no net detriment" test in
section 35 (1) (b2).
(3) The Industrial Registrar must:
(a) advise any person or body entitled to be advised of the
proposed enterprise agreement under section 36 (3) of
the application made under this section, and
(b) advise the applicant, any such person or body and the
Commission of the relevant State or Federal award
determined by the Industrial Registrar.
(4) If a determination is made by the Industrial Registrar under this
section, the determination applies for the purposes of the
application of the "no net detriment" test in section 35 (1) (b2),
subject to the result of any appeal under this Act to the
Commission against the determination of the Industrial
Registrar.
(5) If a determination is not made by the Industrial Registrar under
this section, the determination of the matter is to be made by
the Commission at the time of the application of the "no net
detriment" test under section 35 (1) (b2).
Explanatory note
The amendment is consequential on the proposed amendment of section 35 (1) by
item [4] with respect to the applicable test for the approval of enterprise agreements. It
enables the prospective parties to an enterprise agreement for employees not covered
by an award to obtain a determination of the Industrial Registrar on a relevant State or
Federal award against which the enterprise agreement can be compared for the
purposes of the application of the "no net detriment" test.
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Schedule 1 Amendments
[10] Section 41 Enterprise agreements prevail over State awards
Omit "award" wherever occurring in section 41 (1).
Insert instead "State award".
[11] Section 41 (3)
Omit the subsection.
[12] Section 41, note
Insert at the end of section 41:
Note. Section 152 of the Workplace Relations Act 1996 of the
Commonwealth sets out the circumstances in which the provisions of an
enterprise agreement made under this Act will prevail over the provisions
of a Federal award that deal with the same matters.
Explanatory note (items [10][12])
These amendments are consequential on the proposed amendment of section 35 (1) by
item [4] with respect to the applicable test for the approval of enterprise agreements.
[13] Section 42 Term of enterprise agreement
Omit "less than 12 months nor" from section 42 (2).
Explanatory note
Section 42 of the Principal Act currently provides that, in general, the minimum term for
which an enterprise agreement can be made to apply is 12 months. The section is
amended to dispense with this requirement.
[14] Section 53
Omit the section. Insert instead:
53 Employees to whom Part applies
(1) This Part applies to all employees, including part-time
employees or regular casual employees, but does not apply to
other casual or seasonal employees.
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Amendments Schedule 1
(2) For the purposes of this Part, a regular casual employee is a
casual employee who works for an employer on a regular and
systematic basis and who has a reasonable expectation of on-
going employment on that basis.
Explanatory note
At present the Principal Act provides a period of 12 months' unpaid maternity, paternity
or adoption leave (called parental leave) for all employees other than casual or seasonal
employees. The amendment extends that entitlement to a casual employee who works
for an employer on a regular and systematic basis and who has a reasonable expectation
of on-going employment on that basis.
[15] Section 57 Length of service for eligibility
Insert after section 57 (2):
(3) However, in the case of a casual employee:
(a) the employee is entitled to parental leave only if the
employee has had at least 24 months of continuous
service with the employer as a regular casual employee
(or partly as a regular casual employee and partly as a
full-time or part-time employee), and
(b) continuous service is work for an employer on an
unbroken regular and systematic basis (including any
period of authorised leave or absence).
Explanatory note
At present the Principal Act provides that a full-time or part-time employee is only entitled
to parental leave if the employee has had at least 12 months of continuous service with
an employer. The amendment provides that a regular casual employee requires 24
months of continuous service before being entitled to parental leave.
[16] Section 66 Return to work after parental leave
Omit section 66 (1) (b). Insert instead:
(b) if the employee worked part-time or on a less regular
casual basis because of the pregnancy before proceeding
on maternity leave--the position held immediately
before commencing that part-time work or less regular
casual work, or
Explanatory note
At present the Principal Act provides that a woman who worked part-time because of
pregnancy before proceeding on maternity leave is entitled to be employed in her original
full-time position on return from maternity leave. The amendment extends that right to a
woman who transferred to casual work before proceeding on maternity leave.
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[17] Section 66 (5)
Insert after section 66 (4):
(5) In this section, a reference to employment in a position
includes, in the case of a casual employee, a reference to work
for an employer on a regular and systematic basis.
Explanatory note
At present the Principal Act provides that an employer must make available to an
employee returning from parental leave the position in which the employee was employed
before proceeding on leave or, if that position no longer exists, a comparable position.
The amendment provides that, in the case of casual employees, employment in a
position is to be construed as work for the employer on a regular and systematic basis.
[18] Section 83 Application of Part
Omit section 83 (1A). Insert instead:
(1A) This Part applies to the dismissal of an employee even if the
person was employed in this State under a Federal award.
However, this Part does not apply to the dismissal of any such
employee if:
(a) the person is entitled to make an application to the
Australian Industrial Relations Commission with respect
to the dismissal on the ground that it was harsh, unjust
or unreasonable, or
(b) the person would have been entitled to make such an
application but for the exclusion of the person from the
relevant provisions of the Workplace Relations Act 1996
of the Commonwealth (being an exclusion of a kind
referred to in subsection (2)).
Explanatory note
Part 6 of Chapter 2 of the Principal Act (the NSW Act) sets out a procedure for dismissed
employees who claim that their dismissal is harsh, unjust or unreasonable to seek certain
remedies in the Industrial Relations Commission of New South Wales. Sections
170CE170CJ of the Federal Act make provision for applications to be made to the
Australian Industrial Relations Commission for relief in respect of termination of
employment on the ground that the termination was harsh, unjust or unreasonable. The
provisions of the Federal Act apply to Commonwealth and Territory public servants,
employees who are covered by Federal awards or agreements and are employed by
constitutional corporations, and certain other employees.
In 1997, the Full Bench of the Industrial Relations Commission of New South Wales
found that employees to whom Federal awards applied were not covered by the unfair
dismissal provisions of the NSW Act: see Moore v Newcastle City Council (1997) 77 IR
210.
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After that decision, section 83 (1A) and section 90A were inserted in the NSW Act.
Section 83 (1A) provides that Part 6 of the NSW Act applies to the termination of
employment of a Federal award employee (as defined in the Federal Act) to the extent
provided by section 90A of the NSW Act. That section purports to enable the Australian
Industrial Relations Commission, and the Federal Court of Australia, to exercise functions
relating to the dismissal of employees who are covered by Federal awards or agreements
but who are not employed by corporations. The High Court has since held that such a
conferral of State jurisdiction on Federal courts was invalid: see Re Wakim, Ex parte
McNally [1999] HCA 27.
The amendment to section 83 enables those employees to whom Federal awards apply
to bring unfair dismissal claims before the Industrial Relations Commission of New South
Wales under the NSW Act, but only if they are unable to apply to the Australian Industrial
Relations Commission for relief under the Federal Act in respect of the termination of their
employment on the ground that the termination was harsh, unjust or unreasonable.
[19] Section 83 (5)
Omit the definitions of Federal Act and Federal award employee.
Insert instead:
Federal award means an award within the meaning of the
Workplace Relations Act 1996 of the Commonwealth.
industrial instrument includes a Federal award or other
Federal industrial instrument.
Explanatory note
The amendment is consequential on the proposed amendment of section 83 by item [18]
with respect to the termination of employment of persons employed under Federal
awards.
[20] Sections 90A and 90B
Omit the sections.
Explanatory note
The amendment omits redundant provisions of the Principal Act consequent on the
amendments made by item [18] with respect to the termination of employment of persons
employed under Federal awards.
[21] Section 99 Dismissal within 6 months of injury an offence
Omit section 99 (1) (b). Insert instead:
(b) the employee is dismissed during the relevant period
after the employee first became unfit for employment.
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[22] Section 99 (1A)
Insert after section 99 (1):
(1A) For the purposes of subsection (1), the relevant period is:
(a) the period of 6 months after the employee first became
unfit for employment, except as provided by paragraph
(b), or
(b) if the employee is entitled under a Commonwealth or
State industrial instrument to accident pay as a result of
the injury for a period exceeding that period of 6
months--the period during which the employee is
entitled to accident pay.
Accident pay is an entitlement of the employee to payment by
the employer, while the employee is unfit for employment, that
is described as accident pay in the relevant industrial
instrument.
Explanatory note (items [21] and [22])
At present the Principal Act provides that, if an employee who is injured at work (in
circumstances giving rise to an entitlement to workers compensation), the employer is
guilty of an offence if the employer dismisses the injured employee, because he or she
is unfit for work as a result of the injury, at any time within 6 months after the employee
first became unfit for work. The amendments extend that period of 6 months to any
longer period of accident pay to which the injured employee is entitled under an industrial
instrument.
[23] Section 124 Superannuation fund contributions
Insert after section 124 (2):
(2A) An employee may, by notice in writing, revoke a nomination
under this section.
Explanatory note
Section 124 of the Principal Act provides that, where an industrial instrument requires an
employer to make superannuation contributions to a designated fund on behalf of an
employee, the employer can, at the employee's request, contribute to a fund selected by
the employee. The section is amended so as to allow the employee to require the
employer to re-direct the contributions back to the fund specified in the industrial
instrument.
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[24] Section 129 Records to be kept by employers concerning employees
Omit section 129 (2).
Explanatory note
Section 129 of the Principal Act is amended to dispense with the requirement that an
employer must obtain the permission of the Industrial Registrar to keep employee records
at a place other than the workplace.
[25] Section 197 Appeals from Local Court
Insert "(including a dismissal on the ground that it does not have jurisdiction
to deal with the application)" after "such an order" in section 197 (1) (a).
Explanatory note
Section 197 of the Principal Act currently provides an appeal to the Industrial Relations
Commission against an order of a Local Court for the payment of money owed under an
industrial instrument to a person or the dismissal of an application for such an order ( See
Part 2 of Chapter 7).
The amendment of section 197 creates a right to appeal to the Full Bench of the
Industrial Relations Commission against a decision of a Local Court that it does not have
jurisdiction to hear an application for an order under Part 2 of Chapter 7. In the case of
non-industrial matters dealt with by Local Courts, the Supreme Court may exercise its
supervisory jurisdiction to grant relief where a Magistrate refuses to deal with a matter for
lack of jurisdiction.
[26] Section 197 (1) (c)
Insert "or the dismissal by the Local Court of proceedings for such a civil
penalty" after "industrial instrument".
Explanatory note
The amendment creates a right to appeal to the Full Bench of the Industrial Relations
Commission against a decision of a Local Court to dismiss proceedings under Part 1 of
Chapter 7 for a civil penalty for a contravention of an industrial instrument.
[27] Section 210 Freedom from victimisation
Insert at the end of the section:
(2) In any proceedings under section 213 to enforce the provisions
of this section, it is presumed that an employee or prospective
employee who suffers any detriment as a result of action by the
employer or industrial organisation was victimised because of
a matter referred to in subsection (1) that is alleged by the
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Schedule 1 Amendments
applicant to be the cause of the detrimental action. That
presumption is rebutted if the employer or industrial
organisation satisfies the Commission that the alleged matter
was not a substantial and operative cause of the detrimental
action.
Explanatory note
Section 210 of the Act declares that an employer may not victimise an employee for any
of the reasons set out in that section (including membership of an industrial organisation).
Section 213 enables the Commission to enforce that obligation by ordering the
reinstatement of an employee who is dismissed or the taking of other action to rectify any
other detrimental action taken against the employee. The amendment provides that in
any such enforcement proceedings there is to be a rebuttable presumption that any
detrimental action taken against an employee was victimisation within the meaning of
section 210.
[28] Section 298 Right of entry for investigating breaches
Omit section 298 (3). Insert instead:
(3) An authorised officer must, before exercising a power
conferred by this section, give the employer concerned:
(a) at least 24 hours' notice, except as provided by
paragraph (b), or
(b) in respect of any requirement to produce records or
other documents that are kept elsewhere than on the
employer's premises--at least 48 hours' notice.
Explanatory note
Section 298 of the Principal Act, which regulates the entry by authorised industrial officers
on to premises to investigate breaches of the law, currently requires that the employer
be given 48 hours' notice of the intention to enter the premises. The section is amended
to reduce the requisite notice to 24 hours, reflecting a similar provision in Commonwealth
legislation, and to allow the employer a further period of 24 hours to produce for
inspection any records or documents that are not kept at the workplace.
[29] Section 348 Compulsory conference with respect to claims
Omit section 348 (3). Insert instead:
(3) Notification must be made within 3 months after the
termination of the contract.
Explanatory note
Section 348 of the Principal Act permits a carrier to claim compensation in respect of a
terminated contract of carriage. The claim is initiated by notice to the Industrial Registrar.
Notice must be given within 28 days, or within such further time (not exceeding 3 months)
as the Industrial Registrar may allow. The section is amended to specify a 3-month period
within which the notice may, as of right, be lodged.
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[30] Section 375
Omit the section. Insert instead:
375 Recovery of amounts ordered to be paid
Any amount ordered to be paid by a Local Court constituted by
an Industrial Magistrate under this Part may be recovered as if
it were a judgment of the Local Court for the payment of a debt
of the same amount (whether or not the Local Court has
jurisdiction to give judgment for the payment of a debt of that
amount).
Explanatory note
Section 375 of the Principal Act currently provides for the enforcement of monetary
judgments of an Industrial Magistrate in different courts. The criterion for determining the
proper court of enforcement is that it must be one whose jurisdiction enables it to give
judgments in an equivalent amount. The section is amended so as to provide that all
such judgments of an Industrial Magistrate may be enforced in the Local Court,
irrespective of amount.
[31] Section 380 Small claims during other Commission hearings
Insert after section 380 (6):
(7) This section is not to be construed as excluding an application
for an order being made in respect of a former employee.
Explanatory note
Section 380 of the Principal Act currently enables an industrial organisation to make an
application for an order for the recovery of remuneration and other money due to an
employee by any other party to proceedings before the Commission. The amendment
removes any doubt that an application can be made in respect of a former employee.
[32] Schedule 2 Provisions relating to members of Commission
Insert after clause 10 (1):
(1A) A member of the Commission who is not a judicial member
may only be removed from office in accordance with the
provisions of Part 9 of the Constitution Act 1902 relating to the
removal from office of judicial members.
Explanatory note
At present, the Judicial Officers Act 1986 provides that both judicial and non-judicial
members of the Industrial Relations Commission are judicial officers for the purposes of
that Act (and accordingly provision is made for the suspension of those members from
office, for complaints about those officers and for recommendations by the Judicial
Commission for their removal from office). Part 9 of the Constitution Act 1902 makes
provision for the removal of judicial members of the Industrial Relations Commission from
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Schedule 1 Amendments
office by the Governor on the address of both Houses of Parliament. There is no specific
provision in the Principal Act for the removal of non-judicial members of the Commission
(although section 47 of the Interpretation Act 1987 provides that a power under an Act
to appoint a person includes a power to remove or suspend the person so appointed).
The amendment provides that a non-judicial member of the Commission may only be
removed from office in the same way as a judicial member, that is, by the Governor on
the address of both Houses of Parliament.
[33] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Industrial Relations Amendment Act 2000
Explanatory note
The amendment enables regulations of a savings or transitional nature to be made as
a consequence of the enactment of the proposed Act.
[34] Schedule 4 Savings, transitional and other provisions
Insert after clause 6 (2):
(3) The Commission must, on the application of an industrial
organisation of which employers or employees who are parties
to the agreement are (or are eligible to be) members, by order
terminate an agreement to which subclause (1) applies if the
Commission is satisfied that the agreement:
(a) is not consistent with the principles prescribed by
section 33, or
(b) does not comply with the conditions of approval
prescribed by section 35.
The agreement may also be terminated in accordance with
section 44.
Explanatory note
On the enactment of the Principal Act, Schedule 4 to the Act preserved enterprise
agreements in force under the Industrial Relations Act 1991. The relevant provision is
amended to provide that, if the agreement is one that could not be made today because
it does not meet the principles and standards that are prerequisite to approval by the
Commission, the Commission must, on application by a party to the agreement, terminate
the agreement.
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[35] Schedule 4, clause 13A
Insert after clause 13:
13A Parental leave for casual employees--Industrial Relations
Amendment Act 2000
(1) The amendments to Part 4 of Chapter 2 made by the Industrial
Relations Amendment Act 2000 extend to persons employed as
casual employees on the commencement of those
amendments.
(2) The employment of those persons before the commencement
of those amendments may be taken into account for the
purposes of the 24-month qualifying period of service referred
to in section 57 (3).
Explanatory note
The amendment inserts transitional provisions with respect to the amendments made to
sections 53, 57 and 66.
[36] Schedule 4, clause 17A
Insert at the end of clause 17A:
(2) Section 83 (1A) (as replaced by the Industrial Relations
Amendment Act 2000) does not apply to a termination of
employment that occurred before the commencement of that
replacement subsection.
Explanatory note
The amendment makes a transitional provision consequent on the proposed amendment
of section 83 by item [18] with respect to the termination of employment of persons
employed under Federal awards.
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