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Workplace Relations Amendment (Right of Entry) Bill 2004

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4513

 

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Workplace Relations Amendment (Right of Entry) Bill 2004

 

 

(1)     Page 2, clause 2, table item 2, omit ‘Section 4’ substitute, ‘Sections 4 and 5’.

[commencement]

(2)     Page 3, after clause 4 (after line 3), insert:

5 Application

             (1)  The amendments made by Schedule 1 do not affect the operation of any outworkers industry provision.

             (2)  Part IX of the Workplace Relations Act 1996 , as in force immediately before the commencement of Schedule 1, continues to apply in relation to outworkers industry provisions.

             (3)  In this section, outworkers industry provision means any provision or entitlement in relation to the performance of outwork or the contracting out of work in the clothing industry found in:

                     (a)  the Workplace Relations Act 1996 or any regulations made pursuant to that Act;

                     (b)  any award made pursuant to the Workplace Relations Act 1996 ;

                     (c)  any agreement certified pursuant to the Workplace Relations Act 1996 ;

                     (d)  the Victorian Outworkers (Improved Protection) Act 2003 ;

                     (e)  any other State industrial law (including regulations made pursuant to any such law) or State industrial instrument; or

                      (f)  any other document or instrument.

[application]



(3)     Schedule 1, item 3, page 6 (after line 6), at the end of section 280A, add:

             (2)  Recognising the unique position of outworkers in the textile, clothing and footwear industry, and the fact that the transparency of the contracting chain within the industry is critical to protecting the rights and treatment of such workers, nothing in this Part is intended to affect the continued operation of any outworkers industry provision regarding right of entry, or impose any potential limitation or condition on any such provision.

Note:          Part IX of the Workplace Relations Act 1996, as in force immediately before the commencement of section 4 of the Workplace Relations Amendment (Right of Entry) Act 2005 continues to apply in relation to outworkers industry provisions.

[outworkers industry provisions]

(4)     Schedule 1, item 3, page 5 (after line 29), after the definition of OHS law , insert:

outworkers industry provision means any provision or entitlement in relation to the performance of outwork or the contracting out of work in the clothing industry found in:

                     (a)  the Workplace Relations Act 1996 or any regulations made pursuant to that Act;

                     (b)  any award made pursuant to the Workplace Relations Act 1996 ;

                     (c)  any agreement certified pursuant to the Workplace Relations Act 1996 ;

                     (d)  the Victorian Outworkers (Improved Protection) Act 2003 ;

                     (e)  any other State industrial law (including regulations made pursuant to any such law) or State industrial instrument; or

                      (f)  any other document or instrument.

[definitions]