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Workplace Relations (Registered Organisations) (Consequential Provisions) Bill 2001
Schedule 2 Amendment of the  Workplace Relations Act 1996

   

1  Paragraph 3(g)

Repeal the paragraph.

2  Subsection 4(1) (definition of accounting records )

Repeal the definition.

3  Subsection 4(1) (definition of auditor )

Repeal the definition.

4  Subsection 4(1) (definition of collegiate electoral system )

Repeal the definition.

5  Subsection 4(1) (paragraph (c) of the definition of demarcation dispute )

After “this Act”, insert “, or the Registered Organisations Act,”.

6  Subsection 4(1) (definition of designated Presidential Member )

Repeal the definition.

7  Subsection 4(1) (definition of direct voting system )

Repeal the definition.

8  Subsection 4(1) (definition of electoral official )

Repeal the definition.

9  Subsection 4(1) (definition of eligibility rules )

Repeal the definition.

10  Subsection 4(1) (definition of enterprise association )

Repeal the definition.

11  Subsection 4(1) (definition of financial year )

Repeal the definition.

12  Subsection 4(1) (definition of full-time office )

Repeal the definition.

13  Subsection 4(1) (definition of irregularity )

Repeal the definition.

14  Subsection 4(1) (definition of office )

Repeal the definition, substitute:

office has the same meaning as in the Registered Organisations Act.

15  Subsection 4(1) (definition of one-tier collegiate electoral system )

Repeal the definition.

16  Subsection 4(1) (definition of organisation )

Repeal the definition, substitute:

organisation means an organisation registered under the Registered Organisations Act.

Note:          An organisation that was registered under the Workplace Relations Act 1996 immediately before the commencement of the Workplace Relations (Registered Organisations) (Consequential Provisions) Act 2001 (the Consequential Provisions Act ) is taken to have been registered under the Registered Organisations Act (see item 15 of Schedule 1 to the Consequential Provisions Act).

17  Subsection 4(1) (definition of panel )

Omit “, except in section 38,”.

18  Subsection 4(1) (definition of postal ballot )

Repeal the definition.

19  Subsection 4(1)

Insert:

Registered Organisations Act means the Workplace Relations (Registered Organisations) Act 2001 .

20  Subsection 4(2)

Repeal the subsection.

21  At the end of paragraph 4(3)(a)

Add “and”.

22  At the end of subsection 4(3)

Add:

             ; and (d)  an industrial dispute within the meaning of the Registered Organisations Act.

23  Subsection 4(4)

Repeal the subsection.

24  Subsection 4(5)

After “Act”, insert “or the Registered Organisations Act”.

25  Subsection 4(5)

Omit “subsection 202(1)”, substitute “subsection 149(1) of the Registered Organisations Act”.

26  Subsection 4(6)

Repeal the subsection.

27  Section 6

Repeal the section, substitute:

6   Act binds Crown

             (1)  This Act binds the Crown in each of its capacities.

             (2)  However, this Act does not make the Crown liable to be prosecuted for an offence.

28  After section 8

Insert:

8A   Functions of Commission

                   The functions of the Commission are the functions conferred on the Commission by this Act, the Registered Organisations Act or otherwise.

29  At the end of section 27

Add:

             (3)  In this section:

proceeding includes a proceeding under the Registered Organisations Act.

30  Subsection 30(1)

After “this Act”, insert “and the Registered Organisations Act”.

31  Subsection 30(3)

After “this Act” (wherever occurring), insert “, the Registered Organisations Act”.

32  Section 31

After “this Act”, insert “and the Registered Organisations Act”.

33  Section 32

After “this Act”, insert “or the Registered Organisations Act”.

34  Section 32

Omit “(including a member in the capacity of designated Presidential Member)”.

35  Section 33

After “this Act”, insert “and the Registered Organisations Act”.

36  At the end of subsection 37(3)

Add “mentioned in subsection (1)”.

37  At the end of section 37

Add:

             (4)  A member of the Commission may be a member of the panel established under section 12 of the Registered Organisations Act.

38  Section 38

Repeal the section.

39  At the end of subsection 40(1)

Add “or the Registered Organisations Act”.

40  At the end of paragraphs 45(1)(a) to (ed)

Add “and”.

Note:       The heading to section 45 is altered by adding at the end “ relating to matters arising under Acts other than the Registered Organisations Act ”.

41  Paragraph 45(1)(f)

Repeal the paragraph.

42  At the end of paragraphs 45(3)(a) to (bb)

Add “and”.

43  Paragraph 45(3)(c)

Repeal the paragraph.

44  After section 45

Insert:

45A   Appeals to Full Bench relating to matters arising under the Registered Organisations Act etc.

             (1)  Subject to the Registered Organisations Act and this Act, an appeal lies to a Full Bench, with the leave of the Full Bench, against:

                     (a)  a decision of a member of the Commission by way of a finding in relation to a matter arising under the Registered Organisations Act; and

                     (b)  an order made by a member of the Commission under that Act, other than an order made by consent of the parties to an industrial dispute; and

                     (c)  a decision of a member of the Commission under that Act not to make an order; and

                     (d)  a decision of a member of the Commission under paragraph 111(1)(g) of this Act; and

                     (e)  a decision of a member of the Commission that the member has jurisdiction, or a refusal or failure of a member of the Commission to exercise jurisdiction, in a matter arising under the Registered Organisations Act.

             (2)  A Full Bench must grant leave to appeal under subsection (1) if, in its opinion, the matter is of such importance that, in the public interest, leave should be granted.

             (3)  An appeal under subsection (1) may be instituted by:

                     (a)  a party to the proceeding; or

                     (b)  a person bound by an order; or

                     (c)  a person aggrieved by the decision.

             (4)  Where an appeal has been instituted under this section, a Full Bench or Presidential Member may, on such terms and conditions as the Full Bench or Presidential Member considers appropriate, order that the operation of the whole or a part of the decision or act concerned be stayed pending the determination of the appeal or until further order of a Full Bench or Presidential Member.

             (5)  A Full Bench may direct that 2 or more appeals be heard together, but an organisation or person who has a right to be heard in relation to one of the appeals may be heard in relation to a matter raised in another of the appeals only with the leave of the Full Bench.

             (6)  For the purposes of an appeal under this section, a Full Bench:

                     (a)  may admit further evidence; and

                     (b)  may direct a member of the Commission to provide a report in relation to a specified matter.

             (7)  On the hearing of the appeal, the Full Bench may do one or more of the following:

                     (a)  confirm, quash or vary the decision or act concerned;

                     (b)  make an order or decision dealing with the subject-matter of the decision or act concerned;

                     (c)  direct the member of the Commission whose decision or act is under appeal, or another member of the Commission, to take further action to deal with the subject-matter of the decision or act in accordance with the directions of the Full Bench;

                     (d)  in the case of an appeal under paragraph (1)(d)—take any action (including making an order) that could have been taken if the decision under paragraph 111(1)(g) had not been made.

             (8)  If, under paragraph (6)(b), a Full Bench directs a member of the Commission to provide a report, the member must, after making such investigation (if any) as is necessary, provide the report to the Full Bench.

             (9)  Each provision of this Act and the Registered Organisations Act relating to the hearing or determination of a matter mentioned in subsection (1) of this section extends to the hearing or determination of an appeal under this section.

45  Subsection 48(1)

After “this Act”, insert “or the Registered Organisations Act”.

46  Paragraph 63(1)(a)

Repeal the paragraph.

47  At the end of paragraph 63(1)(d)

Add “or the Registered Organisations Act”.

48  Subsection 63(2)

Repeal the subsection.

49  Subsection 66(1)

After “Industrial Registry”, insert “under this Act and the Registered Organisations Act”.

50  Paragraph 67(2)(a)

After “this Act”, insert “, the Registered Organisations Act”.

51  Paragraph 67(2)(b)

After “this Act”, insert “or the Registered Organisations Act”.

52  Paragraph 75(2)(a)

After “this Act”, insert “, the Registered Organisations Act”.

53  Paragraph 75(2)(b)

After “this Act”, insert “or the Registered Organisations Act”.

54  Paragraph 81(1)(a)

After “this Act”, insert “, the Registered Organisations Act (to the extent permitted by that Act) or any other Act”.

55  At the end of paragraph 81(1)(b)

Add “, the Registered Organisations Act (to the extent permitted by that Act) or any other Act”.

56  Subsection 82(1)

After “Registrar” (second occurring), insert “under this Act or the Registered Organisations Act”.

57  Paragraph 83BB(1)(i)

After “this Act”, insert “, the Registered Organisations Act”.

58  After subsection 88B(1)

Insert:

          (1A)  To the extent that the Commission is performing its functions under this Part in relation to matters arising under the Registered Organisations Act, the Commission must perform those functions in a way that furthers the objects of that Act.

59  Paragraph 89(b)

After “this”, insert “Act, the Registered Organisations Act”.

60  At the end of section 90

Add:

             (2)  To the extent that the Commission is performing its functions in relation to matters arising under the Registered Organisations Act, the Commission must take into account the public interest, and for that purpose must have regard to:

                     (a)  the objects of that Act; and

                     (b)  the state of the national economy and the likely effects on the national economy of any order that the Commission is considering, or is proposing to make, with special reference to likely effects on the level of employment and on inflation.

61  At the end of section 98A

Add “or the Registered Organisations Act”.

62  At the end of subsection 99(1)

Add:

Note:          Some industrial disputes (including demarcation disputes) are dealt with under the Registered Organisations Act.

63  At the end of subsection 100(1)

Add:

Note:          A demarcation dispute that is not resolved by conciliation is dealt with under the Registered Organisations Act.

64  Subsection 103(2)

After “this Act”, insert “or the Registered Organisations Act”.

65  At the end of section 104

Add:

             (6)  In an arbitration proceeding under the Registered Organisations Act, unless all the parties agree, evidence must not be given, or statements made, that would disclose anything said or done in a conciliation proceeding under that Act (whether before a member of the Commission or at a conference arranged by a member of the Commission) in relation to matters in dispute that remain unsettled.

66  Subsection 108(2)

Omit “Subject to subsection (2A), the”, substitute “The”.

Note:       This item removes an inoperative cross-reference.

67  Subsection 109(1)

After “Commission”, insert “(whether under this Act or otherwise)”.

68  Subsection 109(4)

Omit “Subsections”, substitute “Subject to subsection (4A) of this section, subsections”.

69  After subsection 109(4)

Insert:

          (4A)  Subsections 45A(4) to (8) (inclusive) apply in relation to a review under this section in relation to a matter arising under the Registered Organisations Act in the same manner as they apply in relation to an appeal under section 45A.

70  At the end of section 109

Add:

             (8)  Nothing in this section affects any right of appeal or any power of a Full Bench under section 45A, and an appeal under that section and a review under this section may, if the Full Bench considers appropriate, be dealt with together.

71  After subsection 110(2)

Insert:

          (2A)  If the hearing or determination concerns an industrial dispute or other proceeding arising under the Registered Organisations Act, the procedure of the Commission in the hearing or determination is, subject to this Act, the Registered Organisations Act and the Rules of the Commission, within the discretion of the Commission.

72  Before subsection 111(1)

Insert:

          (1A)  Subject to this Act, the Commission may do any of the things mentioned in subsection (1) in relation to an industrial dispute arising under this Act.

          (1B)  Subject to the Registered Organisations Act, the Commission may do any of the things mentioned in subsection (1) in relation to an industrial dispute arising under that Act.

73  Subsection 111(1)

Omit “Subject to this Act, the Commission may, in relation to an industrial dispute:”, substitute “The Commission may:”.

74  At the end of subsection 111(2)

Add “(whether under this Act, the Registered Organisations Act or otherwise)”.

75  At the end of section 111

Add:

Note:          Section 130 of the Registered Organisations Act gives the Commission particular powers in relation to representation rights of organisations of employees.

76  Section 118A

Repeal the section.

77  Subsection 119(1)

Omit “an industrial dispute”, substitute “a matter”.

78  Subsection 119(1)

Omit “the industrial dispute”, substitute “the matter”.

79  Subsection 119(2)

Omit “industrial dispute”, substitute “matter”.

80  Subsection 119(3)

Omit “industrial dispute” (wherever occurring), substitute “matter”.

81  At the end of section 119

Add:

             (6)  In this section:

matter means:

                     (a)  an industrial dispute arising under this Act; or

                     (b)  a proceeding (including an industrial dispute) arising under the Registered Organisations Act.

82  At the end of subsection 134(2)

Add “or the Registered Organisations Act”.

83  Subsection 134(3)

After “this Act”, insert “or the Registered Organisations Act”.

84  Subsection 170MR(5)

Omit “section 196”, substitute “section 140 of the Registered Organisations Act”.

85  Before subsection 174(1)

Insert:

          (1A)  This section does not apply to a demarcation dispute.

Note:       The heading to section 174 is altered by inserting “ (other than demarcation dispute) ” after “ dispute ”.

86  After section 174

Insert:

174A   Reference of demarcation dispute to State authority for determination

             (1)  The President may refer a demarcation dispute to a State authority to be investigated and dealt with under this Act:

                     (a)  by conciliation; or

                     (b)  by arbitration; or

                     (c)  by conciliation and, if necessary, by arbitration.

             (2)  The President may revoke the reference at any time before a determination is made by the State authority in settlement of the demarcation dispute.

             (3)  In relation to the exercise of powers under subsection (1) or (2), the President may direct a member of the Commission to provide a report in relation to a specified matter.

             (4)  After making such investigation (if any) as is necessary, the member must provide the report to the President.

             (5)  For the purposes of investigating and dealing with the demarcation dispute, the State authority may exercise any powers of the Commission under this Act or the Registered Organisations Act that are exercisable by a Commissioner.

             (6)  A determination made by the State authority in settlement of the demarcation dispute:

                     (a)  is taken for the purposes of this Act (other than section 109) and the Registered Organisations Act to be an order made under the Registered Organisations Act by a member of the Commission, but section 45A of this Act applies in relation to the determination as if paragraph 45A(7)(c) were omitted; and

                     (b)  is taken, for the purposes of sections 152 and 153 of this Act, not to be an order, award, decision or determination of a State industrial authority.

             (7)  Section 149 applies in relation to a determination made by the State authority in settlement of the demarcation dispute as if a reference to the Commission were a reference to the State authority.

             (8)  Sections 299, 302, 303, 354 and 355 of this Act and sections 334 and 335 of the Registered Organisations Act apply in relation to the exercise of powers under this section by the State authority as if a reference to:

                     (a)  a member of the Commission; or

                     (b)  the Commission;

were a reference to the State authority, and as if the State authority exercised those powers as a member of the Commission.

             (9)  In exercising powers under this section, the State authority has the same protection and immunity as a member of the Commission has under section 41 in performing functions as a member of the Commission.

           (10)  In this section:

State authority means:

                     (a)  a member of a State industrial authority nominated by the head of the State industrial authority; or

                     (b)  if another office is prescribed in relation to the State industrial authority—the holder of the office.

87  Subsection 176(1)

After “Act”, insert “or the Registered Organisations Act”.

88  Subsection 178(1)

Omit “Subject to section 182, where”, substitute “Where”.

Note:       This item removes an inoperative cross-reference.

89  Subsection 178(1)

After “Commission”, insert “(whether under this Act, the Registered Organisations Act or otherwise)”.

90  Paragraph 187(4)(a)

After “this Act”, insert “, the Registered Organisations Act”.

91  Part IX (heading)

Repeal the heading, substitute:

Part IX Entry and inspections by organisations

92  Divisions 1A to 11 of Part IX

Repeal the Divisions.

93  Division 11A of Part IX (heading)

Repeal the heading.

94  Division 12 of Part IX

Repeal the Division.

95  Part X

Repeal the Part.

96  Subsection 298B(1) (at the end of the definition of industrial body )

Add:

               ; or (c)  a court or commission, however designated, exercising under an industrial law powers and functions corresponding to those conferred on the Commission by the Registered Organisations Act.

97  Subsection 298B(1) (definition of industrial law )

After “this Act”, insert “, the Registered Organisations Act”.

98  At the end of subsection 298F(1)

Add:

               ; or (c)  any proceedings under the Registered Organisations Act; or

                     (d)  any other activity for which the Registered Organisations Act provides.

Note:       The heading to section 298F is replaced by the heading “ Matters arising under this Act or the Registered Organisations Act ”.

99  Sections 310, 313, 314, 315 and 316

Repeal the sections.

100  Subsection 317(5) (definition of ballot )

Repeal the definition, substitute:

ballot means a ballot ordered under section 135 or 136.

101  Sections 318, 319, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337 and 340

Repeal the sections.

102  Heading to Part XII

Repeal the heading, substitute:

Part XII Costs

103  Division 1 of Part XII

Repeal the Division.

104  Paragraph 359(2)(e)

Repeal the paragraph.

105  Subsection 414(2)

Repeal the subsection.

106  Subsection 415(1)

Repeal the subsection, substitute.

             (1)  The jurisdiction of the Court under this Act is to be exercised by a Full Court in relation to matters in which a writ of mandamus or prohibition or an injunction is sought against:

                     (a)  a Presidential member; or

                     (b)  officers of the Commonwealth at least one of whom is a Presidential member.

107  Section 421

Repeal the section.

108  Subsection 469(1)

After “Act”, insert “or the Registered Organisations Act”.

109  After subsection 469(2)

Insert:

          (2A)  Subject to this Act, the Registered Organisations Act and any other Act, a party to a proceeding before the Court in a matter arising under the Registered Organisations Act may be represented only as provided by this section.

110  At the end of paragraph 469(8)(b)

Add “or the Registered Organisations Act”.

111  Section 470

After “Act”, insert “or the Registered Organisations Act”.

112  At the end of subsection 471(1)

Add “or the Registered Organisations Act”.

113  Schedules 3 and 4

Repeal the Schedules.