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Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Bill 2003

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2002

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Workplace Relations Amendment (Prohibition of

Compulsory Union Fees) Bill 2002

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Schedule 1, item 9, page 5 (lines 2 to 14), omit section 298SA, substitute:

298SA  Permissible bargaining fees

             (1)  An organisation may charge a permissible bargaining fee:

                     (a)  in connection with an agreement certified under section 170LJ or Division 3 where:

                              (i)  the agreement’s beneficiaries include those who have not made a contribution to the costs of reaching the agreement by means of paying a union membership fee; and

                             (ii)  this permissible bargaining fee is explained in clear language, and in writing, to all employees in advance of the vote on the agreement; and

                            (iii)  details of the permissible bargaining fee, and the services for which it is payable, are set out in the agreement; and

                            (iv)  all employees affected by the agreement are advised, prior to bargaining commencing, whether it is proposed to include a permissible bargaining services fee in the agreement, and that they may make submissions to the AIRC under subparagraph (vii) in relation to this fee; and

                             (v)  in addition to the requirement in subsection 170LT(5), a valid majority of persons employed at the time, whose employment would be subject to the agreement, have genuinely agreed to the provision; and

                            (vi)  the agreement provides for the method and timing of the fee to be paid; and

                           (vii)  the AIRC is satisfied that the fee is fair and reasonable; and

                          (viii)  the agreement provides that new employees pay the fee only for the pro rata period of the agreement from the time that their employment commences; or

                     (b)  in connection with an agreement certified under section 170LK where:

                              (i)  the employee has agreed to pay for the provision of bargaining services in respect of the certified agreement; and

                             (ii)  the employee has agreed to the total amount to be paid and this total amount covers all the bargaining services that may be provided in relation to the employee in respect of the certified agreement; and

                            (iii)  the agreement was entered into before the bargaining services were provided.

             (2)  An organisation of employers may charge a bargaining services fee in connection with an agreement certified under section 170LJ or 170LK or Division 3 where:

                     (a)  the employer has agreed to pay for the provision of bargaining services in respect of the certified agreement; and

                            (b)    the employer has agreed to the total amount to be paid and this total amount covers all the bargaining services that may be provided in relation to the employer in respect of the certified agreement; and

                     (c)  the agreement was entered into before the bargaining services were provided.

(2)     Schedule 1, item 10, page 6 (lines 1 to 6), omit Division 5A, substitute:

Division 5A—False or misleading representations about bargaining services fees etc.

298SC  False or misleading representations about bargaining services fees etc.

                   A person must not make a false or misleading representation about:

                     (a)  another person’s liability to pay a bargaining services fee; or

                     (b)  another person’s obligation to enter into an agreement to pay a bargaining services fee; or

                     (c)  another person’s obligation to join an industrial association.

(3)     Schedule 1, item 11, page 6 (lines 7 to 11), omit the item.

(4)     Schedule 1, item 12, page 6 (line 12) to page 7 (line 4), omit the item.

(5)     Schedule 1, item 14, page 8 (lines 8 to 11), omit the item.

(6)     Schedule 1, item 15, page 8 (lines 12 to 19), omit the item.

 

 

 

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

 

The Senate

21 August 2002