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Workplace Relations Amendment (Transmission of Business) Bill 2004

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2002-2003-2004

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Workplace Relations Amendment (Transmission of Business) Bill 2002

 

 

Schedule of the amendments made by the Senate in place of the

amendments disagreed to by the House of Representatives

 

 

 

 

 

(1)     Schedule 1, item 2, page 3 (lines 10 to 23), omit the item, substitute:

2  After paragraph 45(3)(aa)

Insert:

                   (ab)  in the case of an appeal under paragraph (1)(b) against an order that was made under subsection 170MBA(2)—by the organisation or person who applied for the order or any organisation or person who made submissions to the Commission on whether the order should be made;

                    (ac)  in the case of an appeal under paragraph (1)(c) against a decision not to make an order under subsection 170MBA(2)—by the organisation or person who applied for the order;

(2)     Schedule 1, item 10, page 5 (after line 12), after subsection (2), insert:

          (2A)  The Commission shall not make an order under subsection (2) unless:

                     (a)  the parties to the certified agreement and the incoming employer agree to the proposed order; or

                     (b)  the Commission is satisfied that the majority of employees who are covered by the certified agreement and who would be affected by the proposed order agree to the proposed order; or

                     (c)  the Commission is satisfied that either:

                              (i)  the proposed order does not disadvantage employees in relation to their terms and conditions of employment; or

                             (ii)  the proposed order is part of a reasonable strategy to deal with a short-term crisis in, and to assist in the revival of, the transmitted business.

In this subsection, a proposed order disadvantages an employee or employees in relation to their terms and conditions of employment, if, on balance, its approval would result in a reduction in the overall terms and conditions of employment of that employee or those employees.

          (2B)  In making an order the Commission must take into account:

                     (a)  the proposed new terms and conditions that the employee would be subject to and the effect of any loss of conditions; and

                     (b)  the length of time remaining on the certified agreement.

(3)     Schedule 1, item 10, page 5 (after line 22), after subsection (5), insert:

          (5A)  In determining an application made by an outgoing employer under subsection (5), the Commission must take into account the terms and conditions of employment that apply, or will apply, to employees of the incoming employer.

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

1 March 2004