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Workplace Relations Amendment (Right of Entry) Bill 2004

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2004 - 2005

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

SENATE

 

 

 

 

 

 

 

WORKPLACE RELATIONS AMENDMENT (RIGHT OF ENTRY) BILL 2004

 

 

 

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 Kevin Andrews MP)

 

WORKPLACE RELATION AMENDMENT (RIGHT OF ENTRY) BILL 2004

OUTLINE

The proposed Government amendments will amend the Workplace Relations Amendment (Right of Entry) Bill 2004 as introduced.  The Government’s amendments will:

·          remove the once every 6 month limitation on right of entry for recruitment purposes;

·          provide for the Commission to make orders for abuse of the right of entry system where a permit holder engages in recruitment conduct that is unduly disruptive;  

·          explicitly provide that there is no right of entry for discussion purposes where all relevant employees are parties to Australian Workplace Agreements (AWAs);

·          require that notice of entry be given during working hours;

·          provide for the continued operation of the right of entry provisions in the Outworkers (Improved Protection) Act 2003 (Vic).

The Government is also proposing a technical amendment to the Bill.

FINANCIAL IMPACT STATEMENT

The proposals contained in the Bill are budget neutral.

 



NOTES ON AMENDMENTS

Item No. 1 - Schedule 1, item 3, page 4 (line 19)

1.1       This item would make a minor technical amendment by substituting “Object” for “Objects”.  This reflects the fact that section 3 of the Workplace Relations Act 1996 contains one Object.

Item No. 2 - Schedule 1, item 3, page 12 (after line 30)

Item No. 7 - Schedule 1, item 3, page 22 (line 13)

Item No. 9 - Schedule 1, item 3, page 22 (lines 22 to 31)

2.1       Item Nos. 7 and 9 would amend clause 280Z of the Bill by deleting subsections (2) and (3).  The effect of these deletions would be that the proposed 6 month restriction on entry for recruitment purposes would be removed.

2.2       Instead of the 6 month restriction on entry for recruitment clauses, Item No.2 would amend clause 280J of the Bill which relates to the Commission’s power to make orders for abuse of the statutory right of entry regime.  The effect of this amendment would be to provide that a permit holder abuses these rights if he or she engages in “recruitment conduct” that is unduly disruptive, either because the permit holder’s exercise of powers of entry is excessive in the circumstances or for some other reason.  “Recruitment conduct” is defined in this item to mean encouraging employees to become members of a union.

Item No. 3 - Schedule 1, item 3, page 17 (line 14)

Item No. 8 - Schedule 1, item 3, page 22 (line 17)

 

3.1       These items would amend clauses 280P and 280Z of the Bill respectively.  These clauses as introduced, require a permit holder to give an entry notice to an occupier at least 24 hours, but not more than 14 days, before entry.  The effect of these amendments would be to require that notice be given during working hours.

 

Item No. 4 - Schedule 1, item 3, page 19 (line 25)

Item No. 5 - Schedule 1, item 3, page 20 (lines 1 and 2)

Item No. 6 - Schedule 1, item 3, page 20 (after line 4)

Item No. 10 - Schedule 1, item 3, page 24 (line 3)

Item No. 11 - Schedule 1, item 3, page 24 (lines 12 and 13)

Item No. 12 - Schedule 1, item 3, page 24 (after line 14)

 

4.1       These items would amend clauses 280U and 281D of the Bill which exclude right of entry under other industrial laws or instruments.  The effect of these amendments would be to provide that right of entry provisions under the Outworkers (Improved Protection) Act 2003 (Vic) are not excluded.

 

Item No. 13 - Schedule 1, item 3, page 24 (before line 15)

 

5.1       This item would insert a new clause 281DA into the Bill.  This item would explicitly provide that there is no right, under a State industrial law or State industrial instrument, to enter premises for discussion purposes if each employee on the premises is a party to an AWA that applies to work on the premises.