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Title

Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2019

Database

Bills & Legislation

Long Title

a Bill for an Act to amend the law in relation to registered organisations and worker entitlement funds, to provide that employment terms in relation to certain payments are of no effect, to prohibit coercion of payments to employee benefit funds, to make minor and technical amendments of the Fair Work (Registered Organisations) Act 2009, and for related purposes

Date

04-07-2019 10:35 AM

Source

House of Reps

Parl No.

46

Bill Number

112/19

Bill Type

Government

Portfolio

Industrial Relations

Reps Bill Code

O

Status

Before Senate

System Id

legislation/bills/r6347_first-reps/0000


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Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2019

2019

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2019

 

No.      , 2019

 

(Industrial Relations)

 

 

 

A Bill for an Act to amend the law in relation to registered organisations and worker entitlement funds, to provide that employment terms in relation to certain payments are of no effect, to prohibit coercion of payments to employee benefit funds, to make minor and technical amendments of the Fair Work (Registered Organisations) Act 2009 , and for related purposes

   

   

Contents

1............ Short title............................................................................................. 2

2............ Commencement................................................................................... 2

3............ Schedules............................................................................................ 4

Schedule 1—Financial management and accountability                                 5

Part 1—Amendments                                                                                                     5

Fair Work (Registered Organisations) Act 2009                                                    5

Part 2—Application and transitional provisions                                             10

Schedule 2—Regulation of worker entitlement funds                                    11

Part 1—Amendments                                                                                                   11

Fair Work Act 2009                                                                                                    11

Fair Work (Registered Organisations) Act 2009                                                  13

Fringe Benefits Tax Assessment Act 1986                                                              47

Income Tax Assessment Act 1997                                                                             48

Taxation Administration Act 1953                                                                          48

Part 2—Application and transitional amendments                                        49

Fair Work Act 2009                                                                                                    49

Part 3—Application and transitional provisions                                             53

Part 4—Pre-commencement applications for registration                          57

Part 5—Contingent amendments                                                                           59

Fair Work (Registered Organisations) Act 2009                                                  59

Schedule 3—Election payments                                                                                    60

Fair Work Act 2009                                                                                                    60

Schedule 4—Prohibiting coerced payments to employee benefit funds 62

Fair Work Act 2009                                                                                                    62

Schedule 5—Disclosable arrangements                                                                   64

Fair Work (Registered Organisations) Act 2009                                                  64

Schedule 6—Minor and technical amendments                                                 75

Fair Work (Registered Organisations) Act 2009                                                  75

A Bill for an Act to amend the law in relation to registered organisations and worker entitlement funds, to provide that employment terms in relation to certain payments are of no effect, to prohibit coercion of payments to employee benefit funds, to make minor and technical amendments of the Fair Work (Registered Organisations) Act 2009 , and for related purposes

The Parliament of Australia enacts:

1   Short title

                   This Act is the Fair Work Laws Amendment (Proper Use of Worker Benefits) Act 2019.

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

3.  Schedule 2, Parts 1 to 3

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

4.  Schedule 2, Part 4

The day after this Act receives the Royal Assent.

 

5.  Schedule 2, item 34

The later of:

(a) immediately after the commencement of the provisions covered by table item 3; and

(b) the time item 11 of Schedule 1 to the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Act 2019 commences.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

 

6.  Schedule 2, item 35

At the same time as the provisions covered by table item 3.

However, the provisions do not commence at all if item 12 of Schedule 5 to the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Act 2019 commences before that time.

 

7.  Schedule 2, item 36

The later of:

(a) immediately after the commencement of the provisions covered by table item 3; and

(b) immediately after the commencement of item 12 of Schedule 5 to the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Act 2019 .

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

 

8.  Schedule 3

Immediately after the commencement of the provisions covered by table item 3.

 

9.  Schedule 4, item 1

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

10.  Schedule 4, item 2

The later of:

(a) immediately after the commencement of the provisions covered by table item 9; and

(b) the time the provisions covered by table item 3 commence.

 

11.  Schedule 4, item 3

At the same time as the provisions covered by table item 9.

 

12.  Schedule 5, items 1 to 3

A single day to be fixed by Proclamation.

However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.

 

13.  Schedule 5, item 4

The later of:

(a) the time the provisions covered by table item 3 commence; and

(b) immediately after the commencement of the provisions covered by table item 12.

 

14.  Schedule 5, item 5

At the same time as the provisions covered by table item 12.

 

15.  Schedule 6

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.