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Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 [No. 2]

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2008-2009

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009

 

 

(1)     Schedule 1, item 57, page 10 (lines 19 and 20), omit the item, substitute:

57  Paragraph 55(2)(d)

Omit “Greenhouse and Energy Data Officer”, substitute “Authority”.

57A  Subsection 55(3)

Omit “Greenhouse Energy and Data Officer”, substitute “Authority”.

[technical correction]

(2)     Schedule 1, page 13 (after line 21), after item 77, insert:

77A  Paragraph 47(f)

Omit “signed”, substitute “made”.

[technical correction]

(3)     Schedule 1, page 14 (after line 8), after item 82, insert:

82A  Section 158

Repeal the section.

82B  Paragraph 159(1)(b)

Omit “the Regulator”, substitute “an official of the Authority”.

82C  Subsection 159(2)

Omit “the Regulator” (first occurring), substitute “an official of the Authority”.

82D  Subsection 159(2)

Omit “the Regulator” (second occurring), substitute “the Authority”.

82E  Subsections 159(3) and (4)

Omit “the Regulator”, substitute “an official of the Authority”.

[technical correction]

(4)     Schedule 1, item 83, page 14 (line 12), omit “and 132”, substitute “, 132 and 159”

[technical correction]

(5)     Schedule 1, page 18 (after line 17), after item 93, insert:

93A  Transitional—documents signed by the Renewable Energy Regulator

(1)       Despite the repeal of section 158 of the Renewable Energy (Electricity) Act 2000 by this Part, that section continues to apply, in relation to a person who held the office of the Renewable Energy Regulator at any time before the commencement of this item, as if that repeal had not happened.

(2)       Despite the amendments of section 159 of the Renewable Energy (Electricity) Act 2000 made by this Part, that section continues to apply, in relation to documents or certificates signed by the Renewable Energy Regulator before the commencement of this item, as if those amendments had not been made.

[technical correction]

(6)     Schedule 1, page 18 (after line 31), after item 94, insert:

94A  Transitional—employees of the Australian Climate Change Regulatory Authority

Transferring employees

(1)       For the purposes of this item, a person is a transferring employee if:

                     (a)  the person was an APS employee in:

                              (i)  the Department; or

                             (ii)  the Office of the Renewable Energy Regulator;

                            immediately before the transition time; and

                     (b)  the person is covered by a determination that:

                              (i)  is made under section 72 of the Public Service Act 1999 ; and

                             (ii)  causes the person, at the transition time, to become an APS employee in the Australian Climate Change Regulatory Authority.

(2)       If:

                     (a)  a person is a transferring employee (other than an SES employee); and

                     (b)  immediately before the transition time, the person’s employment in the Department or the Office of the Renewable Energy Regulator, as the case may be, was covered by a designated agreement;

then:

                     (c)  the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the transferring employee in relation to Authority work; and

                     (d)  while the designated agreement covers the Commonwealth and the transferring employee in relation to Authority work, no other enterprise agreement, modern award or award-based transitional instrument covers the transferring employee in relation to Authority work; and

                     (e)  the designated agreement has effect after the transition time, in relation to the transferring employee’s Authority work, as if it had been made with the Chair of the Australian Climate Change Regulatory Authority on behalf of the Commonwealth; and

                      (f)  if the transferring employee becomes an SES employee after the transition time—paragraphs (c), (d) and (e) cease to apply in relation to the transferring employee; and

                     (g)  if an enterprise agreement is made after the transition time by the Chair of the Australian Climate Change Regulatory Authority on behalf the Commonwealth—paragraphs (c), (d) and (e) cease to apply in relation to the transferring employee when the enterprise agreement commences.

(3)       If:

                     (a)  a person is a transferring employee; and

                     (b)  immediately before the transition time, the person’s employment in the Department or the Office of the Renewable Energy Regulator, as the case may be, was covered by an AWA or pre-reform AWA;

the AWA or pre-reform AWA, as the case requires, has effect after the transition time, in relation to the transferring employee’s Authority work, as if it had been made with the Chair of the Australian Climate Change Regulatory Authority on behalf of the Commonwealth.

(4)       If:

                     (a)  a person is a transferring employee (other than an SES employee); and

                     (b)  immediately before the transition time, the person’s employment in the Department or the Office of the Renewable Energy Regulator, as the case may be, was covered by an AWA or pre-reform AWA; and

                     (c)  at a time (the cessation time ) during the period:

                              (i)  beginning at the transition time; and

                             (ii)  ending immediately before the commencement of an enterprise agreement made after the transition time by the Chair of the Climate Change Regulatory Authority on behalf of the Commonwealth;

                            the AWA or pre-reform AWA ceases to cover the person’s employment; and

                     (d)  a designated agreement covers the Commonwealth because of subitem (2); and

                     (e)  the designated agreement was made before the transition time by the Secretary of the Department on behalf the Commonwealth;

then:

                      (f)  the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the transferring employee in relation to Authority work; and

                     (g)  while the designated agreement covers the Commonwealth and the transferring employee in relation to Authority work, no other enterprise agreement, modern award or award-based transitional instrument covers the transferring employee in relation to Authority work; and

                     (h)  the designated agreement has effect after the cessation time, in relation to the transferring employee’s Authority work, as if it had been made with the Chair of the Australian Climate Change Regulatory Authority on behalf of the Commonwealth; and

                      (i)  if the transferring employee becomes an SES employee after the cessation time—paragraphs (f), (g) and (h) cease to apply in relation to the transferring employee; and

                      (j)  if an enterprise agreement is made after the transition time by the Chair of the Australian Climate Change Regulatory Authority on behalf the Commonwealth—paragraphs (f), (g) and (h) cease to apply in relation to the transferring employee when the enterprise agreement commences.

New employees

(5)       For the purposes of this item, a person is a new employee if:

                     (a)  the person is an APS employee (other than an SES employee) in the Australian Climate Change Regulatory Authority; and

                     (b)  the person is not a transferring employee.

(6)       If:

                     (a)  a designated agreement covers the Commonwealth because of subitem (2); and

                     (b)  the designated agreement was made before the transition time by the Secretary of the Department on behalf the Commonwealth; and

                     (c)  after the transition time, a person becomes a new employee;

then:

                     (d)  the designated agreement (as in force immediately before the transition time) covers the Commonwealth and the new employee in relation to Authority work; and

                     (e)  while the designated agreement covers the Commonwealth and the new employee in relation to Authority work, no other enterprise agreement, modern award or award-based transitional instrument covers the new employee in relation to Authority work; and

                      (f)  the designated agreement has effect after the transition time, in relation to the new employee’s Authority work, as if it had been made with the Chair of the Australian Climate Change Regulatory Authority on behalf of the Commonwealth; and

                     (g)  if the new employee becomes an SES employee after the cessation time—paragraphs (d), (e) and (f) cease to apply in relation to the new employee; and

                     (h)  if an enterprise agreement is made after the transition time by the Chair of the Australian Climate Change Regulatory Authority on behalf the Commonwealth—paragraphs (d), (e) and (f) cease to apply in relation to the new employee when the enterprise agreement commences.

Separate agreements

(7)       If:

                     (a)  under any or all of subitems (2), (4) and (6), a designated agreement covers the Commonwealth and one or more employees in relation to Authority work; and

                     (b)  the designated agreement was made before the transition time by the Secretary of the Department on behalf the Commonwealth;

the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 have effect after the transition time as if the following were separate agreements:

                     (c)  the designated agreement, in so far as it has the coverage mentioned in paragraph (a);

                     (d)  the designated agreement, in so far as it does not have the coverage mentioned in paragraph (a).

Section 58 of the Fair Work Act 2009

(8)       Paragraphs (2)(g), (4)(j) and (6)(h) have effect subject to section 58 of the Fair Work Act 2009 .

Definitions

(9)       In this item:

Authority work , in relation to an employee, means work performed after the transition time by the employee in the Australian Climate Change Regulatory Authority.

AWA has the same meaning as in Schedule 7A to the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

award-based transitional instrument has the same meaning as in Schedule 2 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

designated agreement means:

                     (a)  the Department of Climate Change Collective Agreement 2009-2011 ; or

                     (b)  the Office of the Renewable Energy Regulator Collective Agreement 2006-2009 ; or

                     (c)  an enterprise agreement.

enterprise agreement has the same meaning as in the Fair Work Act 2009 .

modern award has the same meaning as in the Fair Work Act 2009 .

pre-reform AWA has the same meaning as in Schedule 7 to the Workplace Relations Act 1996 as in force immediately before the commencement of Schedule 1 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 .

transition time means the commencement of this item.

94B  Transitional—regulations relating to the transfer of APS employees to the Australian Climate Change Regulatory Authority

            The Governor-General may make regulations providing for matters of a transitional nature in relation to the transfer of APS employees from:

                     (a)  the Department; or

                     (b)  the Office of the Renewable Energy Regulator;

to the Australian Climate Change Regulatory Authority.

[employees of the Australian Climate Change Regulatory Authority]

(7)     Schedule 1, item 159, page 36 (after line 27), after subsection (2A), insert:

          (2B)  Regulations made for the purposes of paragraph (2A)(a) must not declare that an emission mentioned in paragraph 24(2)(a), (b), (c), (d), (e) or (f) of the Carbon Pollution Reduction Scheme Act 2009 is a scope 1 emission covered by the carbon pollution reduction scheme.

[exclusion of agricultural emissions]