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Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2004 - Schedule 1—Extending the prohibition of compulsory union fees
Schedule 1 Extending the prohibition of compulsory union fees

   

Workplace Relations Act 1996

1  Subsection 298B(1) (definition of bargaining services )

Repeal the definition, substitute:

bargaining services means:

                     (a)  services provided by (or on behalf of) an industrial association in relation to an agreement, or a proposed agreement, under Part VIB (including the negotiation, making, certification, operation, extension, variation or termination of the agreement); or

                     (b)  services provided by (or on behalf of) an industrial association in relation to a State employment agreement, or a proposed State employment agreement (including the negotiation, making, certification, operation, extension, variation or termination of the agreement).

2  At the end of section 298Y

Add:

             (3)  A provision of a State employment agreement to which a constitutional corporation is a party is void to the extent that it requires payment of a bargaining services fee.

             (4)  In this section:

permits includes:

                     (a)  purports to permit; and

                     (b)  has the effect of permitting; and

                     (c)  purports to have the effect of permitting.

requires includes:

                     (a)  purports to require; and

                     (b)  has the effect of requiring; and

                     (c)  purports to have the effect of requiring.

3  Application

The amendment made by item 2 applies in relation to State employment agreements entered into on or after the commencement of the item.