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Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Bill 2002

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2002

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

WORKPLACE RELATIONS AMENDMENT (PROHIBITION OF COMPULSORY UNION FEES) BILL 2002

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

Amendments to be moved on behalf of the Government

 

 

 

 

 

 

(Circulated by authority of the Minister for Employment and Workplace Relations, the Honourable Tony Abbott MP)

 

 

 



WORKPLACE RELATIONS AMENDMENT (PROHIBITION OF COMPULSORY UNION FEES) BILL 2002

 

(Amendments to be moved on behalf of the Government)

 

 

OUTLINE



Amendments are proposed to the Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Bill 2002 (the Bill), to modify the definition of ‘bargaining services fee’ and insert two new provisions into the Bill relating to contracts for bargaining services.

 

The amendments would:

·         redefine ‘bargaining services fee’ to clarify that the restrictions and prohibitions proposed in the Bill which address fees in respect of which bargaining services are provided also cover fees which are in respect of bargaining services which have not been, but which are purported to have been, provided;

·         clarify that an industrial association can demand payment of a bargaining services fee that is payable under a contract; and

·         make clear that the Division does not prevent an industrial association from entering into a contract for the provision of bargaining services with a person who is not a member of the association.

 

FINANCIAL IMPACT STATEMENT

The amendments proposed to the Bill are budget neutral.

 



NOTES ON AMENDMENTS

 

Amendment No. 1 - Schedule 1, item 4, page 3 (line 23)

 

This amendment proposes to insert additional words into the definition of ‘bargaining services fee’.  The definition presently provides that such a fee is one payable to an industrial association or someone else in lieu of an industrial association, for the provision of bargaining services.  This does not include the membership dues of the association.  The amendment will insert the words ‘or purported provision’ in relation to bargaining services.

 

The effect of the amendment would be to make clear that the provisions of the Bill (for example prohibition of discriminatory conduct on account of non-payment of a bargaining services fee; prohibition on demanding such a fee; removal of clauses in agreements providing for payment of such a fee) will apply in circumstances where bargaining services have not been provided but are purported to have been provided to the person from whom a fee is being sought.

 

Amendment No. 2 - Schedule 1, item 9, page 5 (after line 4)

 

This amendment would insert a new provision [subsection 298SA(1A)] into the Bill to clarify that the prohibition on an industrial association demanding a bargaining services fee (proposed by item 9) does not prevent such an association from demanding payment of a bargaining services fee that is payable to the association under a contract for the provision of bargaining services.

 

Amendment No. 3 - Schedule 1, item 9, page 5 (after line 14)

 

This amendment would insert a new provision [new section 298SBA] into the Bill to make clear that nothing in Division 5 of Part XA prevents an industrial association from entering into a contract for the provision of bargaining services with a person who is not a member of the association.