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Workplace Relations (Registered Organisations) (Consequential Provisions) Bill 2001
Schedule 4 Amendments about entry to premises

Workplace Relations Act 1996

1 Subsection 285C(1)

Omit “A”, substitute “Subject to subsections (2) and (3), a”.

2 At the end of section 285C

Add:

             (3)  The person may not enter premises if all of the following conditions are satisfied:

                     (a)  no more than 20 employees are employed to work at the premises;

                     (b)  all the employees at the premises are employed by an employer who is the holder of a conscientious objection certificate in force under section 267, that has been endorsed by the Registrar as provided in subsection (4);

                     (c)  none of the employees employed at the premises is a member of an organisation.

             (4)  Subject to subsection (5), a Registrar may, on the application of an employer, endorse a certificate issued to that employer under section 267, if the Registrar is satisfied that the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of an organisation or body other than the religious society or order of which the employer is a member.

             (5)  A Registrar must not endorse a certificate under subsection (4) unless satisfied that, at the time application is made for endorsement, all of the employees employed by the applicant have agreed that the applicant’s certificate should be endorsed.

             (6)  An application under subsection (4) may be made at the time of an application under section 267 or at any later time.

             (7)  The endorsement of a Registrar under subsection (4) remains in force for the period that the certificate remains in force.

Note:          A certificate issued under section 267 remains in force for the period (not exceeding 12 months) specified in the certificate, but may be renewed.  A Registrar’s endorsement under subsection 4 does not remain in force when a certificate is renewed, but a new application for endorsement may be made.

3 Paragraph 285C(3)(b)

Omit “section 267”, substitute “section 178 of the Registered Organisations Act”.

4 Subsection 285C(4)

Omit “section 267”, substitute “section 178 of the Registered Organisations Act”.

5 Subsection 285C(6)

Omit “section 267”, substitute “section 178 of the Registered Organisations Act”.

6 Subsection 285C(7)

In the note, omit “section 267”, substitute “ section 178 of the Registered Organisations Act ”.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(86/01)