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Fair Work (Registered Organisations) Amendment (Ensuring Integrity No. 2) Bill 2019

2019

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Fair Work (Registered Organisations) Amendment (Ensuring Integrity No. 2) Bill 2019

 

No.      , 2019

 

(Industrial Relations)

 

 

 

A Bill for an Act to amend the Fair Work (Registered Organisations) Act 2009 , and for related purposes

   

   



Contents

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

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

4............ Review of this Act.............................................................................. 2

Schedule 1—Disqualification from office                                                                 4

Fair Work (Registered Organisations) Act 2009                                                    4

Schedule 2—Cancellation of registration and alternative orders            16

Fair Work (Registered Organisations) Act 2009                                                  16

Schedule 3—Administration of dysfunctional organisations etc.            29

Fair Work (Registered Organisations) Act 2009                                                  29

Schedule 4—Public interest test for amalgamations                                        37

Fair Work (Registered Organisations) Act 2009                                                  37

Schedule 5—Minor and technical amendments                                                 45

Fair Work (Registered Organisations) Act 2009                                                  45

Schedule 6—Functions of the Commissioner                                                       47

Fair Work (Registered Organisations) Act 2009                                                  47

 

 



A Bill for an Act to amend 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 (Registered Organisations) Amendment (Ensuring Integrity No. 2) 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.  The whole of this Act

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.

4   Review of this Act

             (1)  The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act to the Fair Work (Registered Organisations) Act 2009 (the Registered Organisations Act ).

             (2)  The review must be commenced as soon as practicable after the end of 2 years after this Act commences.

             (3)  Without limiting the matters the review may examine, the review must examine the following:

                     (a)  the effectiveness of the amendments to the Registered Organisations Act made by this Act;

                     (b)  whether there is a need for further amendments to the Registered Organisations Act relating to the administration of dysfunctional organisations and a public interest test for amalgamations of organisations;

                     (c)  whether the Commissioner has acted as a model litigant in proceedings involving the Commissioner;

                     (d)  whether the Commissioner has, in carrying out the Commissioner’s functions, focused on matters that relate to systematic patterns of conduct engaged in by organisations or officers of organisations.

             (4)  The Minister must ensure that the persons who conduct the review have the ability to seek independent legal advice in relation to the review.

             (5)  The persons who conduct the review must give the Minister a writt en report of the review.

             (6)  The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

             (7)  An expression used in this section that is also used in the Registered Organisations Act has the same meaning as in that Act.