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Workplace Relations Amendment (Registration and Accountability of Organisations) Bill 2002

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2002

 

 

The Parliament of the

Commonwealth of Australia

 

 

HOUSE OF REPRESENTATIVES

 

 

 

Workplace Relations (Registration and Accountability of Organisations) Bill 2002

 

 

(Amendments to be moved by Mr McClelland)

 

(1)     Clause 20, page 27 (before line 4), before sub clause (2) insert:

          (1B)  For the purposes of paragraph (1)(b), if an employer meets or will meet costs and expenses of the association, or provides or will provide services to the association, this assistance must be taken into account when considering whether the association is free from control by, or improper influence from the employer.

(2)     Heading to Part 3, page 156 (line 2), omit the heading, substitute:

Part 3 - Validity and performance of rules etc

(3)     Clause 164, page 159 (lines 1 to 13), omit subclauses (6) to (8).

(4)     Heading to subclause 9, page 159 (line 14), omit the heading, substitute:

Definition

(5)     Clause 164, page 159 (line 16), omit the definition of election .

(6)     Page 159, (after line 20) at the end of Part 3, add:

164A  Directions to rectify breach of rule of organisation

Application for order

             (1)  A member of an organisation may apply to the Federal Court for an order under sub section 4 in relation to the organisation.

             (2)  Before making the order, the Court must give any person against whom the order is sought an opportunity of being heard .

Conditions for making order

             (3)  The Court may make an order under subsection (4) in relation to an organisation if the Court is satisfied that:

                     (a)           a person was under an obligation to perform or observe a rule or rules of the organisation; and

                     (b)           the person breached the rule or rules; and

                     (c)           the person acted unreasonably in so breaching the rule or rules.

Nature of order

             (4)  Subject to section 164B, the Court may make an order directing one or more persons (who may be, or include, the person who breached the rule or rules) to do specified things that will, in the opinion of the Court, as far as is reasonably practicable, place the organisation in the position in which it would have been if the breach of the rule or rules had not occurred.

             (5)  The Court may make the order whether or not, at the time of making the order, the person is a member or officer of the organisation.

164B  Orders under sections 164 and 164A

Order must not invalidate election etc.

             (1)  An order must not be made under section 164 or 164A that would have the effect of treating as invalid an election to an office in an organisation or a step in relation to such an election.

Order must not require compensation

             (2)  An order under section 164A does not include an order directing one or more persons to compensate an organisation for any loss or damage suffered by the organisation caused by the breach of the rule or rules.

Note: An application for a compensation order may be made under Part 2 of Chapter 10 of this Schedule.

Court may declare that rules contravene section 142

             (3)  Where the Court, in considering an application under section 164 or 164A, finds that the whole or a part of a rule of the organisation concerned contravenes section 142 or that the rules of the organisation concerned contravene that section in a particular respect, the Court may, by order, make a declaration to that effect.

             (4)  Section 163 (other than subsections (1) to (5) (inclusive)) applies in relation to an order made under subsection (3) of this section as if the order had been made under section 163.

Definition

             (5)  In this section:

election includes a purported election that is a nullity.

(7)     Clause 324, page 285 (line 17), omit “or 164”, substitute “, 164 or 164A”.

(8)     Clause 324, page 285 (line 20), omit “or 164”, substitute “, 164 or 164A”.

(9)     Clause 324, page 285 (line 23), omit “or 164”, substitute “, 164 or 164A”.

(10)   Heading to clause 326, page 287 (line 31), omit the heading, substitute:

326   Applications under sections 163, 164, 164A and 167

(11)   Clause 339, page 297 (line 32), after “164”, insert “164A, 164B”.

 

 

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