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PARLIAMENT OF VICTORIA
Commonwealth Powers (Industrial Relations)
(Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Definitions 2
5. Common rules 3
6. New section 4A inserted 3
4A. Further reference--common rules 4
7. New section 4B inserted 4
4B. Further reference--outworkers as employees 4
8. Matters excluded from a reference 5
ENDNOTES 6
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PARLIAMENT OF VICTORIA
Initiated in Assembly 22 August 2001
A BILL
to amend the Commonwealth Powers (Industrial Relations) Act
1996 to refer to the Parliament of the Commonwealth further matters
relating to industrial relations and for other purposes.
Commonwealth Powers (Industrial
Relations) (Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Commonwealth Powers (Industrial Relations)
Act 1996 to refer to the Parliament of the
5 Commonwealth the following matters--
(a) the making of an award or order as, or
declaring any term of an award or order to
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Commonwealth Powers (Industrial Relations) (Amendment) Act
2001
s. 2
4
Act No.
be, a common rule in the State for an
industry;
(b) certain matters in respect of outworkers.
2. Commencement
5 (1) This Act comes into operation on a day or days to
be proclaimed.
(2) A proclamation must not be made under sub-
section (1) bringing section 6 into operation
unless the proclamation includes a statement that
10 the Governor in Council is satisfied that a Bill has
been introduced into the Senate or the House of
Representatives of the Parliament of the
Commonwealth containing provisions about the
matter to be referred to that Parliament by
15 proposed section 4A(1) of the Commonwealth
Powers (Industrial Relations) Act 1996.
(3) A proclamation must not be made under sub-
section (1) bringing section 7 into operation
unless the proclamation includes a statement that
20 the Governor in Council is satisfied that a Bill has
been introduced into the Senate or the House of
Representatives of the Parliament of the
Commonwealth containing provisions about
matters to be referred to that Parliament by
25 proposed section 4B(1) of the Commonwealth
Powers (Industrial Relations) Act 1996.
3. Principal Act
See:
In this Act, the Commonwealth Powers Act No.
(Industrial Relations) Act 1996 is called the 59/1996.
30 LawToday:
Principal Act. www.dms.
dpc.vic.
gov.au
4. Definitions
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Commonwealth Powers (Industrial Relations) (Amendment) Act
2001
s. 6
Act No.
(1) In section 3 of the Principal Act, insert the
following definition--
' "industry" includes--
(a) any business, trade, manufacture,
5 undertaking or calling of employers;
and
(b) any calling, service, employment,
handicraft, industrial occupation or
vocation of employees; and
10 (c) a branch of an industry and a group of
industries;'.
(2) In section 3 of the Principal Act--
(a) insert the following definition--
' "outworker" means a person engaged, for
15 someone else's industry, in or about a
private residence or other premises that
are not necessarily business or
commercial premises, to pack, process
or work on articles or material;';
20 (b) in the definition of "employee", after
"services" insert "(other than an
outworker)";
(c) in the definition of "employer", after
"employee" insert "or engaging an
25 outworker".
5. Common rules
In section 5(1) of the Principal Act, paragraph (e)
is repealed.
6. New section 4A inserted
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Commonwealth Powers (Industrial Relations) (Amendment) Act
2001
Act No.
After section 4 of the Principal Act insert--
"4A. Further reference--common rules
(1) The matter of the making of an award or
order as, or declaring any term of an award
5 or order to be, a common rule in the State for
an industry, to the extent to which it is not
otherwise included in the legislative powers
of the Commonwealth, is referred to the
Parliament of the Commonwealth for a
10 period commencing on the day on which
section 6 of the Commonwealth Powers
(Industrial Relations) (Amendment) Act
2001 commences and ending on the day
fixed under sub-section (2) as the day on
15 which the reference of that matter under this
Act terminates but no longer.
(2) The Governor in Council, by proclamation
published in the Government Gazette, may
fix a day as the day on which the reference
20 under sub-section (1) terminates.
(3) The matter referred to the Parliament of the
Commonwealth by sub-section (1) is so
referred subject to the Commonwealth of
Australia Constitution Act and pursuant to
25 section 51(xxxvii) of that Act.".
7. New section 4B inserted
Before section 5 of the Principal Act insert--
"4B. Further reference--outworkers as
employees
30 (1) Each of the matters referred to the
Parliament of the Commonwealth by a sub-
section of section 4 or by section 4A(1) are
referred to the Parliament of the
Commonwealth by this sub-section in
35 relation to outworkers, but only to the extent
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of the making of laws by the Parliament of
the Commonwealth that apply to outworkers
in the same manner and to the same extent as
if they were employees.
5 (2) The matters referred to the Parliament of the
Commonwealth by sub-section (1) are so
referred for a period commencing on the day
on which section 7 of the Commonwealth
Powers (Industrial Relations)
10 (Amendment) Act 2001 commences and
ending on the day fixed under sub-section
(3) as the day on which the reference of
those matters in relation to outworkers under
this Act terminates but no longer.
15 (3) The Governor in Council, by proclamation
published in the Government Gazette, may
fix a day as the day on which the reference
under sub-section (1) terminates.
(4) The matters referred to the Parliament of the
20 Commonwealth by sub-section (1) are so
referred subject to the Commonwealth of
Australia Constitution Act and pursuant to
section 51(xxxvii) of that Act.".
8. Matters excluded from a reference
25 In section 5(1) and (2) of the Principal Act, after
"section 4" insert ", 4A or 4B".
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Commonwealth Powers (Industrial Relations) (Amendment) Act
2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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