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Workplace Relations Amendment (Transmission of Business) Bill 2001
Schedule  1 Transmission of business

   

Workplace Relations Act 1996

1  Paragraph 170MB(1)(d)

Before “the new employer”, insert “subject to any order of the Commission,”.

2  Paragraph 170MB(1)(f)

Before “a reference”, insert “subject to any order of the Commission made for the purposes of paragraph (d),”.

3  Paragraph 170MB(2)(d)

Before “the new employer”, insert “subject to any order of the Commission,”.

4  Paragraph 170MB(2)(f)

Before “a reference”, insert “subject to any order of the Commission made for the purposes of paragraph (d),”.

5  After subsection 170MB(2)

Insert:

          (2A)  The Commission may make an order for the purposes of this section that a new employer who is the successor, transmittee or assignee (whether immediate or not) of the whole or part of a business referred to in paragraph (1)(c) or (2)(c):

                     (a)  is not bound by the certified agreement; or

                     (b)  is bound by the certified agreement, but only to the extent specified in the order.

The order must specify the day from which the order takes effect. That day must not be before the day on which the order is made.

          (2B)  The Commission may make an order under this section on application by the employer bound by the agreement.

          (2C)  Before making an order under this section, the Commission must give the persons bound by the certified agreement an opportunity to make submissions.

          (2D)  However, an organisation that is bound by a certified agreement made in accordance with section 170LK may only make a submission if the organisation has at least one member:

                     (a)  whose employment is subject to the agreement; and

                     (b)  whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and

                     (c)  who requested the organisation to make a submission.

6  Subsection 494(3)

Repeal the subsection, substitute:

             (3)  Division 2 of Part VIB and related provisions of this Act also have effect as if subsections 170MB(2), (2A), (2B), (2C) and (2D) were repealed and the following provisions substituted:

             (2)  If:

                     (a)  an employer is bound by a certified agreement; and

                     (b)  the application for certification of the agreement stated that it was made under Division 2 or under Division 2 as it operates because of section 494; and

                     (c)  at a later time, a new employer that is a constitutional corporation, or the Commonwealth, or an employee (within the meaning of Part XV) in Victoria, becomes the successor, transmittee or assignee (whether immediate or not) of the whole or a part of the business concerned;

then, from the later time:

                     (d)  subject to any order of the Commission, the new employer is bound by the certified agreement, to the extent that it relates:

                              (i)  to the whole or the part of the business; and

                             (ii)  in the case of a new employer (within the meaning of Part XV) in Victoria—to employees (within the meaning of Part XV) in Victoria; and

                     (e)  the previous employer ceases to be bound by the certified agreement, to the extent that it relates:

                              (i)  to the whole or the part of the business; and

                             (ii)  in the case of a new employer (within the meaning of Part XV) in Victoria—to employees (within the meaning of Part XV) in Victoria; and

                      (f)  subject to any order of the Commission made for the purposes of paragraph (d), a reference in this Part to the employer includes a reference to the new employer, and ceases to refer to the previous employer, to the extent that the context relates:

                              (i)  to the whole or the part of the business; and

                             (ii)  in the case of a new employer (within the meaning of Part XV) in Victoria—to employees (within the meaning of Part XV) in Victoria.

          (2A)  The Commission may make an order for the purposes of subsection (2) (as it applies under subsection 494(3)) that a new employer who is the successor, transmittee or assignee (whether immediate or not) of the whole or part of a business referred to in paragraph (2)(c):

                     (a)  is not bound by the certified agreement; or

                     (b)  is bound by the certified agreement, but only to the extent specified in the order.

The order must specify the day from which the order takes effect. That day must not be before the day on which the order is made.

          (2B)  The Commission may make an order under subsection (2A) (as it applies under subsection 494(3)) on application by the employer bound by the agreement.

          (2C)  Before making an order under subsection (2A) (as it applies under subsection 494(3)), the Commission must give the persons bound by the certified agreement an opportunity to make submissions.

          (2D)  However, an organisation that is bound by a certified agreement made in accordance with section 170LK may only make a submission if the organisation has at least one member:

                     (a)  whose employment is subject to the agreement; and

                     (b)  whose industrial interests the organisation is entitled to represent in relation to work that is subject to the agreement; and

                     (c)  who requested the organisation to make a submission.