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Workplace Relations Act 1996
PART 1—PRELIMINARY
8 Schedules 1, 6, 7, 7A, 7B, 8, and 9 have effect
11 Modifications for Christmas Island and Cocos (Keeling) Islands
12 Exclusion of persons insufficiently connected with Australia
13 Extraterritorial application
14 Act not to apply so as to exceed Commonwealth power
15 Application of Criminal Code
16 Act excludes some State and Territory laws
17 Awards, agreements and Commission orders prevail over State and Territory law etc.
PART 2—AUSTRALIAN FAIR PAY COMMISSION
Division 1—Preliminary
Division 2—Australian Fair Pay Commission
Subdivision A—Establishment and functions
Subdivision B—AFPC’s wage-setting function
22 AFPC’s wage-setting function
23 AFPC’s wage-setting parameters
24 Wage reviews and wage-setting decisions
Division 3—AFPC Secretariat
PART 3—AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Division 1—Establishment of Commission
61 Establishment of Commission
63 Appointment of Commission members etc.
64 Qualifications for appointment
66 Performance of duties on part-time basis
67 Dual federal and State appointments
68 Performance of duties by dual federal and State appointees
70 Appointment of a Judge as President not to affect tenure etc.
71 Tenure of Commission members
74 Acting Senior Deputy President
76 Oath or affirmation of office
77 Discharge of Commission’s business
79 Remuneration and allowances of Presidential Members etc.
80 Application of Judges’ Pensions Act
81 Remuneration and allowances of Commissioners
82 Removal of Presidential Member from office
83 Outside employment of Commissioner
84 Leave of absence of Commissioner
85 Disclosure of interest by Commission members
Division 2—Organisation of Commission
88 Manner in which Commission may be constituted
89 Powers exercisable by single member of Commission
90 Functions and powers conferred on members
91 Exercise of Commission powers
92 Continuation of hearing by Commission
93 Commission divided in opinion
94 Arrangement of business of Commission
95 Panels of Commission for particular industries
97 Protection of Commission members
Division 3—Representation and intervention
Division 4—General matters relating to the powers and procedures of the Commission
Subdivision A—General matters Commission to take into account
103 Commission to take into account the public interest
104 Commission to take into account discrimination issues
106 Commission to take account of Family Responsibilities Convention
107 Safety, health and welfare of employees
109 Commission to avoid technicalities and facilitate fair conduct of proceedings
Subdivision B—Particular powers and procedures of the Commission
111 Particular powers of Commission
112 Reference of proceedings to Full Bench
113 President may deal with certain proceedings
114 Review on application by Minister
116 Power to override certain laws affecting public sector employment
117 State authorities may be restrained from dealing with matter that is before the Commission
Division 5—Appeals to Full Bench and references to Court
Division 6—Miscellaneous
PART 4—AUSTRALIAN INDUSTRIAL REGISTRY
Division 1—Interpretation
Division 2—Establishment and functions of Australian Industrial Registry
Division 3—Registrars
134 Tenure of office of Industrial Registrar
135 Remuneration and allowances of Industrial Registrar
136 Outside employment of Industrial Registrar
137 Disclosure of interests by Industrial Registrar
138 Leave of absence of Industrial Registrar
139 Resignation by Industrial Registrar
140 Termination of appointment of Industrial Registrar
141 Deputy Industrial Registrars
142 Acting Industrial Registrar
Division 4—References and appeals
Division 5—Staff
PART 5—WORKPLACE AUTHORITY DIRECTOR
Division 1—Workplace Authority Director
Division 2—Workplace Authority Deputy Directors
Division 3—Staff, delegations etc.
Division 4—Reporting and disclosing information
PART 5A—WORKPLACE OMBUDSMAN
Division 1—Establishment and functions
Division 2—Appointment and terms and conditions
Division 3—Staff, delegations etc.
Division 4—Reporting and disclosing information
PART 6—WORKPLACE INSPECTORS
PART 7—THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD
Division 1—Preliminary
Division 2—Wages
Subdivision B—Guarantee of basic rates of pay
Subdivision C—Guarantee of casual loadings
Subdivision D—Guarantee of frequency of payment
Subdivision E—Guarantee against reductions below pre-reform commencement rates
190 The guarantee where only basic periodic rates of pay are involved
191 The guarantee where basic piece rates of pay are involved
192 The guarantee for casual loadings that apply to basic periodic rates of pay
Subdivision F—The guarantee against reductions below Federal Minimum Wages (FMWs)
Subdivision G—Federal Minimum Wages (FMWs)
194 When is there an FMW for an employee?
196 Adjustment of standard FMW
Subdivision H—Australian Pay and Classification Scales (APCSs): general provisions
202 What must or may be in an APCS?
203 How pay rates and loadings are to be expressed in an APCS
204 When is employment covered by an APCS?
205 What if 2 or more APCSs would otherwise cover an employee?
Subdivision I—Australian Pay and Classification Scales: preserved APCSs
208 Deriving preserved APCSs from pre-reform wage instruments
209 Notional adjustment: rates and loadings determined as for reform comparison day
210 Notional adjustment: deducing basic periodic rate of pay and casual loading from composite rate
211 Notional adjustment: how basic periodic rates and loadings are expressed
212 Regulations dealing with notional adjustments
213 Certain regulations relating to preserved APCSs may take effect before registration
Subdivision L—Adjustments to incorporate 2005 Safety Net Review etc.
218 Adjustments to incorporate 2005 Safety Net Review
219 Regulations may require adjustments to incorporate other decisions
Subdivision M—Special provisions relating to APCSs for employees with a disability
Division 3—Maximum ordinary hours of work
Division 4—Annual leave
227 Employees to whom Division applies
229 Meaning of nominal hours worked
230 Agreement between employees and employers
231 Regulations may prescribe different definitions for piece rate employees
Subdivision B—Guarantee of annual leave
Division 5—Personal leave
239 Employees to whom Division applies
241 Meaning of nominal hours worked
242 Agreement between employees and employers
243 Regulations may prescribe different definitions for piece rate employees
Subdivision B—Guarantee of paid personal/carer’s leave
245A Entitlement to cash out an amount of paid personal/carer’s leave
246 Paid personal/carer’s leave—accrual, crediting and accumulation rules
247 Paid personal/carer’s leave—payment rule
247A Entitlement to leave for all nominal hours in a day also extends to other hours on that day
Subdivision C—Guarantee of unpaid carer’s leave
Subdivision D—Notice and evidence requirements: personal/carer’s leave
Division 6—Parental leave
262 Employees to whom Division applies
264 Meaning of eligible casual employee
264A Regulations may prescribe different definition for piece rate employees
Subdivision B—Guarantee of maternity leave
Subdivision C—Maternity leave: documentation
Subdivision D—Maternity leave: from start to finish
272 Maternity leave—start of leave
273 Requirement to take leave—for 6 weeks after birth
274 Requirement to take leave—within 6 weeks before birth
275 End of pregnancy—effect on ordinary maternity leave entitlement
276 Death of child—effect on ordinary maternity leave entitlement
277 End of ordinary maternity leave if employee stops being primary care-giver
278 Variation of period of ordinary maternity leave
279 Employee’s right to terminate employment during maternity leave
Subdivision E—Guarantee of paternity leave
284 Short paternity leave—concurrent leave taken by spouse
285 Long paternity leave—not to be concurrent with maternity leave taken by spouse
Subdivision F—Paternity leave: documentation
Subdivision G—Paternity leave: from start to finish
289 Short paternity leave—when taken
290 Long paternity leave—when taken
291 End of pregnancy—effect on paternity leave
292 Death of child—effect on paternity leave
293 End of long paternity leave if employee stops being primary care-giver
294 Variation of period of long paternity leave
295 Employee’s right to terminate employment during paternity leave
Subdivision H—Guarantee of adoption leave
299 The guarantee—pre-adoption leave
300 The guarantee—adoption leave
302 Short adoption leave—concurrent leave taken by spouse
303 Long adoption leave—not to be concurrent with adoption leave taken by spouse
Subdivision I—Adoption leave: documentation
Subdivision J—Adoption leave: from start to finish
308 Short adoption leave—when taken
309 Long adoption leave—when taken
310 Placement does not proceed—effect on adoption leave
311 End of long adoption leave if employee stops being primary care-giver
312 Variation of period of long adoption leave
313 Employee’s right to terminate employment during adoption leave
Division 7—Civil remedies
PART 8—WORKPLACE AGREEMENTS
Division 1—Preliminary
Division 2—Types of workplace agreements
Division 3—Bargaining agents
Division 4—Pre-lodgment procedure
Division 5—Lodgment
342 Employer must lodge certain workplace agreements with the Workplace Authority Director
343 Lodging multiple-business agreement without authorisation
344 Lodging of workplace agreement documents with the Workplace Authority Director
346 Employer must notify employees after lodging workplace agreement
Division 5A—The no-disadvantage test
Subdivision B—The no-disadvantage test
346D When does an agreement pass the no-disadvantage test?
346E Reference instruments etc.
346F Agreements to be tested as at lodgment date
346G Designated awards—before a workplace agreement or variation is lodged
346H Designated awards—after a workplace agreement or variation is lodged
Subdivision C—Agreements that operate from approval, and variations of agreements
346K Application of this Subdivision
346L Applying the no-disadvantage test
346M Workplace Authority Director must notify of decision
346N Agreement does not pass no-disadvantage test
346P Lodging of variation documents with the Workplace Authority Director
346Q Workplace Authority Director must test varied agreement
Subdivision D—Agreements that operate from lodgment
346S Application of this Subdivision
346T Applying the no-disadvantage test
346U Workplace Authority Director must notify of decision
346V Agreement does not pass no-disadvantage test—agreement not in operation
346W Agreement does not pass no-disadvantage test—agreement in operation
346X Lodging of variation documents with the Workplace Authority Director
346Y Operation of section 346W variations
346Z Workplace Authority Director must test varied agreement
346ZA Effect of decision on no-disadvantage test
346ZC Effect of section 346ZB in relation to instruments
346ZD Redundancy provisions and section 394 undertakings
346ZE Operation of workplace agreements
346ZF Regulations may make provision for operation of provisions of revived instruments
Division 6—Operation of workplace agreements and persons bound
347 When a workplace agreement is in operation
347A Whether certain non-compliance affects the operation of a workplace agreement
348 Relationship between overlapping workplace agreements
349 Effect of awards while workplace agreement is in operation
Division 7—Content of workplace agreements
Subdivision A—Required content
Subdivision B—Prohibited content
357 Employer must not lodge agreement containing prohibited content
358 Prohibited content in workplace agreement is void
359 Initiating consideration of removal of prohibited content
360 Workplace Authority Director must give notice that he or she is considering variation
361 Matters to be contained in notice
362 Employer must ensure employees have ready access to notice
363 Workplace Authority Director must remove prohibited content from agreement
364 Employer must give employees notice of removal of prohibited content
Division 8—Varying a workplace agreement
367 Varying a workplace agreement
368 When a variation to a workplace agreement is made
368A Documents taken to be variations of workplace agreements etc.
Subdivision B—Pre-lodgment procedure for variations
369 Eligible employee in relation to variation of workplace agreement
370 Providing employees with ready access and information statement
371 Employees may waive 7-day period
Subdivision C—Lodgment of variations
375 Employer must lodge variations with the Workplace Authority Director
376 Lodging variation to multiple-business agreement without authorisation
377 Lodging of variation documents with the Workplace Authority Director
378 Workplace Authority Director must issue receipt for lodgment of declaration for variation
Division 9—Terminating a workplace agreement
Subdivision B—Termination by approval (pre-lodgment procedure)
382 Terminating a workplace agreement by approval
383 Eligible employee in relation to termination of workplace agreement
Subdivision C—Termination by approval (lodgment)
388 Employer must lodge termination with the Workplace Authority Director
389 Lodging termination documents with the Workplace Authority Director
390 Workplace Authority Director must issue receipt for lodgment of declaration for termination
391 Employer must notify employees after lodging termination
Subdivision D—Unilateral termination after nominal expiry date
392 Unilateral termination in a manner provided for in workplace agreement
393 Unilateral termination of ITEA with 90 days written notice
394 Undertakings about post-termination conditions
395 Lodging unilateral termination documents with the Workplace Authority Director
397 Employer must notify employees after lodging notice of termination
Division 10—Prohibited conduct
Division 11—Contravention of civil remedy provisions
403 General powers of Court not affected by this Division
Subdivision B—Pecuniary penalty for contravention of civil remedy provisions
Subdivision C—Other remedies for contravention of certain civil remedy provisions
408 Application of Subdivision
409 Court may declare workplace agreement or part of workplace agreement void
410 Court may vary terms of workplace agreement
411 Court may order that workplace agreement continues to operate despite termination
412 Date of effect and preconditions for orders under sections 409, 410 and 411
412A Court may give effect to purported workplace agreements etc.
Division 12—Miscellaneous
PART 9—INDUSTRIAL ACTION
Division 1—Preliminary
Division 2—Bargaining periods
423 Initiation of bargaining period
424 Employee may appoint agent to initiate bargaining period
425 Identity of person who has appointed agent not to be disclosed
426 Particulars to accompany notice
427 When bargaining period begins
428 When bargaining period ends
429 Power of Commission to restrict initiation of new bargaining periods
430 Suspension and termination of bargaining periods—general powers of Commission
431 Suspension and termination of bargaining periods—pattern bargaining
432 Suspension of bargaining periods—cooling off
433 Suspension of bargaining periods—significant harm to third party
Division 3—Protected action
Subdivision A—What is protected action?
Subdivision B—Exclusions from protected action
436 Exclusion—claims in support of inclusion of prohibited content
437 Exclusion—industrial action while bargaining period is suspended
439 Exclusion—industrial action must not be in support of pattern bargaining claims
441 Exclusion—notice of action to be given
442 Employee may appoint agent to give notice under section 441
444 Exclusion—requirement that employer genuinely try to reach agreement etc.
446 Exclusion—employee organisation action must be duly authorised
Division 4—Secret ballots on proposed protected action
Subdivision B—Application for order for protected action ballot to be held
Subdivision C—Determination of application and order for ballot to be held
456 Commission may notify parties etc. of procedure
457 Commission to act quickly in relation to application etc.
458 Parties and relevant employees may make submissions and apply for directions
459 Commission may make orders or give directions
460 Commission procedure regarding multiple applications
461 Application not to be granted unless certain conditions are met
462 Grant of application—order for ballot to be held
463 Matters to be included in order
464 Guidelines for ballot timetables
465 Power of Commission to require information relevant to roll of voters
466 Roll to be compiled by Commission or ballot agent
467 Eligibility to be included on the roll
468 Adding or removing names from the roll
470 Expiry and revocation of order
471 Compliance with orders and directions
472 Commission to notify parties and authorised ballot agent
Subdivision D—Conduct and results of protected action ballot
476 Declaration of ballot results
479 Registrar to record questions put in ballot, and to publish results of ballot
Subdivision E—Authorised ballot agents and authorised independent advisers
Subdivision F—Funding of ballots
482 Liability for cost of ballot
483 Commonwealth has partial liability for cost of completed ballot
485 Identity of certain persons not to be disclosed by Commission
486 Persons not to disclose identity of certain persons
487 Immunity if person acted in good faith on ballot results
488 Limits on challenges etc. to ballot orders etc.
489 Limits on challenges etc. to ballots
491 Preservation of roll of voters, ballot papers etc.
492 Conferral of function on Australian Electoral Commission
Division 5—Industrial action not to be engaged in before nominal expiry date of workplace agreement or workplace determination
Division 6—Orders and injunctions against industrial action
Division 7—Ministerial declarations terminating bargaining periods
Division 8—Workplace determinations
Division 9—Payments in relation to periods of industrial action
PART 10—AWARDS
Division 1—Preliminary
Division 2—Terms that may be included in awards
Subdivision A—Allowable award matters
514 Dispute settling procedures
515 Matters that are not allowable award matters
516 Matters provided for by the Australian Fair Pay and Conditions Standard
517 Awards may not include terms involving discrimination and preference
518 Awards may not include certain terms about rights of entry
519 Awards may not include enterprise flexibility provisions
Subdivision B—Other terms that are permitted to be in awards
Division 3—Preserved award entitlements
Division 5—Variation and revocation of awards
Division 6—Binding additional employers, employees and organisations to awards
557 Binding additional employers, employees and organisations to an award
558 Application to be bound by an award—agreement between employer and employees
559 Application to be bound by an award—no agreement between employer and employees
560 Application to be bound by an award—new organisations
561 Application by new organisation to be bound by an award—when application may be made
Division 7—Outworkers
Division 8—Technical matters
PART 10A—AWARD MODERNISATION
Division 1—Preliminary
Division 2—Award modernisation process
Division 3—Terms of modern awards
Subdivision A—Terms that may be included in modern awards
576J Matters that may be dealt with by modern awards
576K Terms providing for outworkers
576L Terms may only provide a fair minimum safety net
576M Incidental and machinery terms
576N Terms must be in accordance with award modernisation request
Subdivision B—Terms that must not be included in modern awards
Division 4—Who is bound by modern awards
Division 5—Technical matters
576W Formal requirements of modern awards and variation orders
576X When is a modern award or variation order made
576Y Commencement of modern awards and variation orders
576Z Modern awards and variation orders must be published
576ZA Modern awards and variation orders are final
576ZB Expressions used in modern awards and variation orders
PART 11—TRANSMISSION OF BUSINESS RULES
Division 1—Introductory
Division 2—Application of Part
Division 3—Transmission of ITEA
Division 4—Transmission of collective agreement
Division 5—Transmission of award
Division 6—Transmission of APCS
Division 6A—Transmission of preserved redundancy provisions from workplace agreements
Division 7—Entitlements under the Australian Fair Pay and Conditions Standard
Division 7A—Application of no-disadvantage test
601A No decision under section 346D at time of transmission
601B No decision on a varied agreement under section 346Z at time of transmission
601C Employees still employed by old employer
601E Effect of section 601D in relation to instruments
601F Regulations may make provision for operation of revived instruments
601G Compensation in respect of no-disadvantage test period
601H Notice requirements in relation to transmission of business
Division 8—Notice requirements and enforcement
602 Informing transferring employees about transmission of instrument
603 Lodging copy of notice with Workplace Authority Director
603A Informing transferring employees about transmission of preserved redundancy provisions
603B Lodging copy of notice about preserved redundancy provisions with Workplace Authority Director
604 Workplace Authority Director must issue receipt for lodgment
Division 9—Miscellaneous
PART 12—MINIMUM ENTITLEMENTS OF EMPLOYEES
Division 1—Entitlement to meal breaks
Division 2—Entitlement to public holidays
611 Definition of public holiday
612 Entitlement to public holidays
614 Model dispute resolution process
615 Employer not to prejudice employee for reasonable refusal
616 Penalties etc. for contravention of section 615
617 Burden of proof in relation to reasonableness of refusal
Division 3—Equal remuneration for work of equal value
621 Relationship of this Division to other laws providing alternative remedies
623 Equal remuneration for work of equal value
624 Orders requiring equal remuneration
625 Orders only on application
627 If conciliation or mediation is unsuccessful
628 Hearing of matter by member who conducted conciliation
629 Immediate or progressive introduction of equal remuneration
630 Employer not to reduce remuneration
631 Employer not to prejudice employee
632 Penalties etc. for contravention of section 631
Division 4—Termination of employment
Subdivision A—Object, application and definitions
636 Meaning of employee, employer and employment
639 Regulations may provide for additional exclusions
Subdivision B—Application to Commission for relief in respect of termination of employment
643 Application to Commission to deal with termination under this Subdivision
644 Fees for lodging applications under section 643
645 Motions for dismissal of application for want of jurisdiction
646 Applications that are frivolous, vexatious or lacking in substance
647 Extension of time applications may be decided without a hearing
648 Matters that do not require a hearing
649 Dismissal of application relating to termination for operational reasons
651 Elections to proceed to arbitration or to begin court proceedings
653 Exercise of arbitration powers by member who has exercised conciliation powers
655 Orders made on arbitration are binding
656 Representatives to disclose contingency fee agreements
657 Commission may dismiss application if applicant fails to attend
Subdivision C—Unlawful termination of employment by employer
659 Employment not to be terminated on certain grounds
660 Employer to notify CES of proposed terminations in certain cases
661 Employer to give notice of termination
662 Contravention of this Subdivision not an offence
663 Application to courts in relation to alleged contravention of section 659, 660 or 661
664 Proof of issues in relation to alleged contravention of section 659
Subdivision D—Commission orders after employer fails to consult trade union about terminations
668 Orders by Commission where employer fails to consult trade union about terminations
669 Orders only on application
670 Powers and procedures of Commission for dealing with applications
Division 5—Orders and proceedings
Division 6—Parental leave
Division 7—Stand downs
PART 13—DISPUTE RESOLUTION PROCESSES
Division 1—Preliminary
Division 2—Model dispute resolution process
Division 3—Alternative dispute resolution process conducted by Commission under model dispute resolution process
Division 4—Alternative dispute resolution process used to resolve other disputes
Division 5—Dispute resolution process conducted by the Commission under workplace agreement
Division 6—Dispute resolution process conducted by another provider
PART 14—COMPLIANCE
Division 1—Definitions
Division 2—Penalties and other remedies for contravention of applicable provisions
Division 3—General provisions relating to civil remedies
727 Operation of this Division
728 Involvement in contravention treated in same way as actual contravention
729 Civil evidence and procedure rules for civil remedy orders
730 Recovery of pecuniary penalties
731 Civil proceedings after criminal proceedings
732 Criminal proceedings during civil proceedings
733 Criminal proceedings after civil proceedings
734 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings
PART 15—RIGHT OF ENTRY
Division 1—Preliminary
Division 2—Issue of permits
Division 3—Expiry, revocation, suspension etc. of permits
Division 4—Right of entry to investigate suspected breaches
747 Right of entry to investigate breach
748 Rights of permit holder after entering premises
749 Limitation on rights—entry notice or exemption certificate
750 Exemption from requirement to provide entry notice
751 Limitation on rights—failure to comply with requests of occupier or affected employer
752 Limitation on rights—residential premises
753 Limitation on rights—permit conditions
754 Burden of proving reasonable grounds for suspecting breach
Division 5—Entry for OHS purposes
Division 6—Right of entry to hold discussions with employees
760 Right of entry to hold discussions with employees
761 Limitation on rights—times of entry and discussions
762 Limitation on rights—conscientious objection certificates
763 Limitation on rights—entry notice
764 Limitation on rights—residential premises
765 Limitation on rights—failure to comply with requests of occupier or affected employer
Division 7—Prohibitions
Division 8—Enforcement
Division 9—Powers of the Commission
PART 16—FREEDOM OF ASSOCIATION
Division 1—Preliminary
Division 2—Conduct to which this Part applies
Division 3—General prohibitions relating to freedom of association
Division 4—Conduct by employers etc.
Division 5—Conduct by employees etc.
Division 6—Conduct by industrial associations etc.
796 Industrial associations acting against employers
797 Industrial associations acting against employees etc.
798 Industrial associations acting against members
799 Industrial associations acting against independent contractors etc.
800 Industrial associations acting against independent contractors etc. to encourage contraventions
801 Industrial associations not to demand bargaining services fee
802 Action to coerce person to pay bargaining services fee
803 Industrial associations not prevented from entering contracts
Division 7—Conduct in relation to industrial instruments
Division 8—False or misleading representations about bargaining services fees etc.
Division 9—Enforcement
Division 10—Objectionable provisions
Division 11—Miscellaneous
PART 17—OFFENCES
814 Offences in relation to Commission
815 Attendance at compulsory conferences
817 Creating disturbance near Commission
818 Offences relating to witnesses
819 Non-compliance with requirement made by an inspector
820 False statement in application for protected action ballot order
821 Offences in relation to secret ballots ordered under Division 4 of Part 9
PART 18—COSTS
PART 19—MISCELLANEOUS
826 Conduct by officers, directors, employees or agents
827 Signature on behalf of body corporate
828 No imprisonment in default
829 Jurisdiction of courts limited as to area
830 Public sector employer to act through employing authority
831 Variation of workplace agreements on grounds of sex discrimination
835 Proceedings by and against unincorporated clubs
836 Records relating to employees
837 Inspection of documents etc.
839 Trade secrets etc. tendered as evidence
842 Enforcement of penalties etc.
843 Appropriation for payment of certain salaries and allowances
PART 20—JURISDICTION OF THE FEDERAL COURT OF AUSTRALIA AND FEDERAL MAGISTRATES COURT
Division 1—Original jurisdiction
Division 2—Appellate jurisdiction
Division 3—Representation and intervention
PART 21—MATTERS REFERRED BY VICTORIA
Division 1—Introduction
Division 2—Pay and conditions
860 Additional effect of Act—AFPC’s powers
861 Additional effect of Act—Australian Fair Pay and Conditions Standard
862 Application of the Australian Fair Pay and Conditions Standard to employees in Victoria
863 Additional provisions of the Australian Fair Pay and Conditions Standard
865 Limitation on application of minimum wage standards
866 Guarantee against reductions below pre-reform basic periodic rates of pay
Division 3—Workplace agreements
Division 4—Industrial action
Division 5—Meal breaks
Division 6—Public holidays
Division 7—Termination of employment
Division 7A—Stand downs
Division 8—Freedom of association
Division 9—Right of entry
Division 10—Employee records and pay slips
Division 11—Transmission of business
Division 11A—Sham arrangements
Division 12—Employment agreements
888 Application of this Division
889 Inconsistency with other Commonwealth laws
890 Continued operation of employment agreements
892 Model dispute resolution process
893 Additional effect of Act—enforcing employment agreements
894 Employer to give copy of employment agreement
895 Registrar not to divulge information in employment agreements
896 Relationship between employment agreements and Australian Fair Pay and Conditions Standard
Division 13—Exclusion of Victorian laws
Division 14—Additional effect of other provisions of this Act
PART 22—SHAM ARRANGEMENTS
PART 23—SCHOOL-BASED APPRENTICES AND TRAINEES
Division 1—Preliminary
Division 2—School-based apprentices
Division 3—School-based trainees
Division 4—Enforcement
SCHEDULE 1—REGISTRATION AND ACCOUNTABILITY OF ORGANISATIONS
CHAPTER 1—OBJECTS OF SCHEDULE AND GENERAL PROVISIONS
1 Simplified outline of Chapter
5 Parliament’s intention in enacting this Schedule
6A References to provisions in this Schedule
7 Meaning of industrial action
11 Actions and opinions of AEC
12 Membership of organisations
13 Functions of the Industrial Registry
14 President may establish Organisations Panel
CHAPTER 2—REGISTRATION AND CANCELLATION OF REGISTRATION
Part 1—Simplified outline of Chapter
Part 2—Registration
Division 1—Types of associations that may apply for registration
Division 2—Registration criteria
Division 3—Prohibited conduct in relation to formation or registration of employee associations
Division 4—Registration process
Part 3—Cancellation of registration
Part 4—Commission’s powers under this Chapter
CHAPTER 3—AMALGAMATION AND WITHDRAWAL FROM AMALGAMATION
Part 1—Simplified outline of Chapter
Part 2—Amalgamation of organisations
Division 1—General
Division 2—Preliminary matters
Division 3—Commencement of amalgamation procedure
41 Alternative scheme for amalgamation
42 Approval by committee of management
43 Community of interest declaration
44 Application for approval for submission of amalgamation to ballot
45 Holding office after amalgamation
46 Application for exemption from ballot
Division 4—Role of AEC
Division 5—Procedure for approval of amalgamation
53 Fixing hearing in relation to amalgamation etc.
54 Submissions at amalgamation hearings
56 Objections in relation to amalgamation involving extension of eligibility rules etc.
57 Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.
58 Fixing commencing and closing days of ballot
60 “Yes” case and “no” case for amalgamation
61 Alteration and amendment of scheme
62 Outline of scheme for amalgamation
64 Approval for ballot not conducted under section 65
65 Secret postal ballot of members
66 Determination of approval of amalgamation by members
67 Further ballot if amalgamation not approved
Division 6—Amalgamation taking effect
73 Action to be taken after ballot
75 Resignation from membership
76 Effect of amalgamation on awards, orders and collective agreements
77 Effect of amalgamation on agreement under section 151
80 Division applies despite laws and agreements prohibiting transfer etc.
81 Amalgamated organisation to take steps necessary to carry out amalgamation
82 Certificates in relation to land and interests in land
83 Certificates in relation to charges
84 Certificates in relation to shares etc.
Division 7—Validation
Part 3—Withdrawal from amalgamations
Division 1—General
Division 2—Ballots for withdrawal from amalgamated organisations
94 Applications to the Commission for ballots
95 Outline of proposed withdrawal
98 Provisions relating to outlines and statements of “yes” and “no” cases
99 Notifying of applications for ballots
101 Financial members only eligible to vote
103 Providing information etc. to electoral officials
104 Declaration by secretary etc. of organisation
105 Offences in relation to ballots
106 Certificate showing particulars of the ballot
108 Inquiries into irregularities
108A Powers of the Commission to be exercised by President or Full Bench
Division 3—Giving effect to ballots
109 Determining the day of withdrawal
110 Registration of constituent part
111 Choice of organisation following withdrawal of separately identifiable constituent part
112 Members of amalgamated organisation may join newly registered organisation
113 Orders of the Commission, awards etc. made before withdrawal
113A Collective agreements made after withdrawal
114 Effect of withdrawal on agreement under section 151
117 Division applies despite laws and agreements prohibiting transfer etc.
119 Certificates in relation to land and interests in land
120 Certificates in relation to charges
121 Certificates in relation to shares etc.
122 Certificates in relation to other assets
Division 4—Validation
Division 5—Miscellaneous
CHAPTER 4—REPRESENTATION ORDERS
Part 1—Simplified outline
Part 2—Representation orders
133 Orders about representation rights of organisations of employees
134 Preconditions for making of orders
135 Factors to be taken into account by Commission
136 Order may be subject to limits
137 Organisation must comply with order
138 Exercise of Commission’s powers under this Chapter
138A Representation rights of former State-registered associations
CHAPTER 5—RULES OF ORGANISATIONS
Part 1—Simplified outline of Chapter
Part 2—Rules of organisations
Division 1—General
Division 2—Rules relating to elections for office
Division 3—Rules relating to conduct of officers and employees
Division 4—Other rules
Subdivision A—Loans, grants and donations
Subdivision B—Agreements between organisations and State unions
Division 5—Alteration of rules and evidence of rules
156 Industrial Registrar may determine alterations of rules
157 Commission may determine alteration of rules where there has been a breach of an undertaking
158 Change of name or alteration of eligibility rules of organisation
159 Alteration of other rules of organisation
Part 3—Validity and performance of rules etc
CHAPTER 6—MEMBERSHIP OF ORGANISATIONS
Part 1—Simplified outline of Chapter
Part 2—Entitlement to membership
Part 3—Termination of membership
Part 4—False information, disputes and arrears of dues
Part 5—Conscientious objection to membership
CHAPTER 7—DEMOCRATIC CONTROL
Part 1—Simplified outline of Chapter
Part 2—Conduct of elections for office and other positions
183 Application for organisation or branch to conduct its elections for office
184 Objections to application to conduct elections for office
185 Threats etc. in relation to section 184 objections
186 Registrar may permit organisation or branch to conduct its elections for office
187 Organisation may ask AEC to conduct elections for positions other than offices
188 Declaration envelopes etc. to be used for postal ballots
189 Registrar to arrange for conduct of elections
190 Organisation or branch must not assist one candidate over another
191 Organisation to provide returning officer with copy of register
192 Declaration by secretary etc. of organisation
193 Provisions applicable to elections conducted by AEC
194 Hindering or obstructing electoral official or other person
195 Improper interference with election process
197 Post-election report by AEC
Part 3—Inquiries into elections for office
Part 4—Disqualification from office
Division 1—Simplified outline of Part
Division 2—Persons who have been convicted of a prescribed offence
211 Simplified outline of Division
212 Meaning of prescribed offence
213 Meaning of convicted of a prescribed offence
213A Meaning of exclusion period and reduced exclusion period
214 Certificate of registrar etc. is evidence of facts
215 Certain persons disqualified from holding office in organisations
216 Application for leave to hold office in organisations by prospective candidate for office
217 Application for leave to hold office in organisations by office holder
CHAPTER 8—RECORDS AND ACCOUNTS
Part 1—Simplified outline of Chapter
Part 2—Records to be kept and lodged by organisations
230 Records to be kept and lodged by organisations
231 Certain records to be held for 7 years
232 Offence to interfere with register or copy
233 Obligation to lodge information in Industrial Registry
235 Registrar may authorise access to certain records
236 Registrar may direct organisation to deliver copy of records
237 Organisations to notify particulars of loans, grants and donations
Part 3—Accounts and audit
Division 1—Preliminary
Division 2—Reporting units
244 Members, staff and journals etc. of reporting units
245 Determination of reporting units
246 Determination of reporting units—application by organisation
247 Determination of reporting units—Industrial Registrar initiative
248 Determination of reporting units—years certificate applies to
249 Determination of reporting units—revocation of certificates
250 Determination of reporting units—rule alterations
251 Determination of reporting units—later certificate revokes earlier certificate
Division 3—Accounting obligations
Division 4—Auditors
256 Auditors of reporting units
257 Powers and duties of auditors
258 Obstruction etc. of auditors
259 Reporting unit to forward notices etc. to auditor
260 Auditor entitled to attend meetings at which report presented
261 Auditors and other persons to enjoy qualified privilege in certain circumstances
Division 5—Reporting requirements
Division 6—Reduced reporting requirements for particular reporting units
Division 7—Members’ access to financial records
272 Information to be provided to members or Registrar
273 Order for inspection of financial records
274 Frivolous or vexatious applications
276 Disclosure of information acquired in inspection
277 Reporting unit or committee of management may allow member to inspect books
278 Commission to be advised of breaches of Part or rules etc. found during inspection
Part 4—Access to organisations’ books
CHAPTER 9—CONDUCT OF OFFICERS AND EMPLOYEES
Part 1—Simplified outline of Chapter
Part 2—General duties in relation to the financial management of organisations
Division 1—Preliminary
Division 2—General duties in relation to the financial management of organisations
285 Care and diligence—civil obligation only
286 Good faith—civil obligations
287 Use of position—civil obligations
288 Use of information—civil obligations
289 Effect of ratification by members
290 Compliance with statutory duties
291 Interaction of sections 285 to 289 with other laws etc.
Part 3—General duties in relation to orders and directions
Division 1—Preliminary
Division 2—General duties in relation to orders and directions
297 Order or direction applying to organisation—civil obligation
298 Prohibition order or direction applying to organisation—civil obligation
299 Order or direction applying to officer—civil obligation
300 Prohibition order or direction applying to officer—civil obligation
301 Order or direction applying to employee—civil obligation
302 Prohibition order or direction applying to employee—civil obligation
303 Order or direction applying to member of organisation—civil obligation
CHAPTER 10—CIVIL PENALTIES
Part 1—Simplified outline of Chapter
Part 2—Civil consequences of contravening civil penalty provisions
306 Pecuniary penalty orders that the Federal Court may make
310 Who may apply for an order
311 Civil proceedings after criminal proceedings
312 Criminal proceedings during civil proceedings
313 Criminal proceedings after civil proceedings
314 Evidence given in proceedings for penalty not admissible in criminal proceedings
315 Relief from liability for contravention of civil penalty provision
CHAPTER 11—MISCELLANEOUS
Part 1—Simplified outline of Chapter
Part 2—Validating provisions for organisations
Part 3—Financial assistance and costs
Division 1—Financial assistance
Division 2—Costs
Part 4—Inquiries and investigations
Part 4A—Protection for whistleblowers
Part 4B—Functions and powers of the Commission
Part 5—Jurisdiction of the Federal Court of Australia
Part 6—Other
344 Conduct by officers, directors, employees or agents
345 Right to participate in ballots
346 Requests by members for information concerning elections and certain ballots
347 Providing copy of rules or list of offices etc. on request by member
348 Certificate as to membership of organisation
349 List of officers to be evidence
350 Unauthorised collection of money
351 No imprisonment in default
352 Jurisdiction of courts limited as to area
353 Public sector employer to act through employing authority
354 Proceedings by and against unincorporated clubs
355 Inspection of documents etc.
356 Trade secrets etc. tendered as evidence
Part 7—Complementary registration systems
Division 1—Application of this Part
Division 2—Preliminary
Division 3—Branch rules
Division 4—Amalgamation of organisation and associated body
Division 5—Exercise of Commission’s powers
SCHEDULE 2—EXTRA PROVISIONS RELATING TO DEFINITIONS
SCHEDULE 3—OATH OR AFFIRMATION OF OFFICE
SCHEDULE 4—CONVENTION CONCERNING TERMINATION OF EMPLOYMENT AT THE INITIATIVE OF THE EMPLOYER
SCHEDULE 5—CONVENTION CONCERNING EQUAL OPPORTUNITIES AND EQUAL TREATMENT FOR MEN AND WOMEN WORKERS: WORKERS WITH FAMILY RESPONSIBILITIES
SCHEDULE 6—TRANSITIONAL ARRANGEMENTS FOR PARTIES BOUND BY FEDERAL AWARDS
PART 1—PRELIMINARY
PART 2—PERFORMANCE OF COMMISSION’S FUNCTIONS
7 General functions of Commission
8 Performance of Commission’s functions under this Schedule
9 Anti-discrimination considerations
10 Commission to have regard to operation of Superannuation Guarantee legislation
11 Commission to encourage agreement on procedures for preventing and settling disputes
12 Commission to have regard to compliance with disputes procedures
13 No automatic flow-on of terms of certain agreements
15 Commission not required to have regard to certain matters
PART 3—POWERS AND PROCEDURES OF COMMISSION FOR DEALING WITH INDUSTRIAL DISPUTES
Division 1—Settlement of industrial disputes
Subdivision A—Scope of industrial disputes
Subdivision B—Allowable transitional award matters
17 Allowable transitional award matters
18 Matters that are not allowable transitional award matters
19 Terms involving discrimination and preference not to be included
Subdivision C—Other terms that may be included in transitional awards
22 Preserved transitional award terms
24 Incidental and machinery terms
Subdivision D—Terms in transitional awards that cease to have effect
Division 2—Variation and revocation of transitional awards
Division 3—Procedure for dealing with industrial disputes
33 Notification of industrial disputes
34 Disputes to be dealt with by conciliation where possible
35 Findings as to industrial disputes
36 Action to be taken where dispute referred for conciliation
37 Completion of conciliation proceeding
39 Exercise of arbitration powers by member who has exercised conciliation powers
40 Principles for varying transitional awards
41 Reference of disputes to Full Bench
42 President may deal with certain proceedings
Division 4—Powers of Commission for dealing with industrial disputes
Division 5—Other powers of the Commission
PART 4—BALLOTS ORDERED BY COMMISSION
PART 5—CIRCUMSTANCES IN WHICH TRANSITIONAL AWARDS CEASE TO BE BINDING
PART 6—TECHNICAL MATTERS RELATING TO TRANSITIONAL AWARDS
61 Making and publication of orders
62 Requirement for transitional award-related orders
63 Registrar’s powers if member ceases to be member after making an order
68 Continuation of transitional awards
69 Persons bound by orders varying transitional awards
70 Transitional awards and transitional award-related orders of Commission are final
PART 6A—TRANSMISSION OF TRANSITIONAL AWARDS
Division 1—Introductory
Division 2—Application of Part
Division 3—Transmission of transitional award
Division 4—Notice requirements and enforcement
Division 5—Miscellaneous
PART 7—MATTERS RELATING TO VICTORIA
Division 1—Matters referred by Victoria
Subdivision B—Industrial disputes
Subdivision C—Allowable transitional award matters
Subdivision D—Preserved transitional award terms
77 Preserved transitional award terms
78 When preserved transitional award entitlements have effect
80 Modifications that may be prescribed—personal/carer’s leave
82 Common rules continue to have effect during the transitional period
83 Certain declarations continue to have effect during the transitional period
84 Variation of common rules before the reform commencement
85 Variation of common rules during the transitional period
86 Intervention by Minister of Victoria
87 Concurrent operation of laws of Victoria
88 Pre-commencement applications for review
89 Common rule taken to be award
90 Meaning of industrial action
92 Application of provisions of Act relating to workplace inspectors
Subdivision F—Transmission of business
Subdivision G—Modification of certain provisions of this Act
Subdivision H—Ceasing to be bound by transitional Victorian reference award
Division 2—Other matters
Subdivision A—Allowable transitional award matters
Subdivision B—Preserved transitional award terms
97 Preserved transitional award terms
98 When preserved transitional award entitlements have effect
100 Modifications that may be prescribed—personal/carer’s leave
Subdivision BA—Transmission of business
Subdivision C—Modification of certain provisions of this Act
PART 8—MISCELLANEOUS
102B Continuation of hearing by Commission
103 Revocation and suspension of transitional awards
105 Application of provisions of Act relating to right of entry
106 Application of provisions of Act relating to workplace inspectors
107 Application of provisions of Act relating to compliance
107A Application of provisions of Act relating to freedom of association
107B Contracts entered into by agents of transitional employees
107C Records relating to transitional employees
SCHEDULE 7—TRANSITIONAL ARRANGEMENTS FOR EXISTING PRE-REFORM FEDERAL AGREEMENTS ETC.
PART 1—PRELIMINARY
PART 2—PRE-REFORM CERTIFIED AGREEMENTS
Division 1—General
2 Continuing operation of pre-reform certified agreements—under old provisions
2A Commission may extend or vary pre-reform certified agreements
3 Rules replacing subsections 170LX(2) and (3)
4 Rules replacing section 170NC—coercion of persons to terminate certified agreements etc.
5 Interaction of agreement with other instruments
6 Continuing operation of pre-reform certified agreements—under new provisions
6A Preservation of redundancy provisions in certain circumstances
6B Notification of preservation of redundancy provisions
6C Employer must notify employees of preserved redundancy provisions
8 Anti-AWA terms taken to be prohibited content
9 Calling up contents of pre-reform certified agreement in workplace agreement
10 Application of Division to certain Division 3 pre-reform certified agreements
Division 2—Special rules for Division 3 pre-reform certified agreements with excluded employers
12 Cessation of Division 3 pre-reform certified agreements
13 Continuing operation of pre-reform certified agreements—under old provisions
14 Rules replacing subsections 170LX(2) and (3)
15 Interaction of agreement with awards
16 Continuing operation of pre-reform certified agreements—under new provisions
PART 3—PRE-REFORM AWAS
17 Continuing operation of pre-reform AWAs—under old provisions
18 Rules replacing section 170VJ—period of operation of AWA
19 Interaction of pre-reform AWAs with other instruments
20 Continuing operation of pre-reform AWAs—under new provisions
20A Preservation of redundancy provisions in certain circumstances
20B Notification of preservation of redundancy provisions
21 Calling up contents of pre-reform AWA in workplace agreement
PART 4—AWARDS UNDER SUBSECTION 170MX(3) OF THE PRE-REFORM ACT
Division 1—Continuing operation of section 170MX awards
Division 2—Special rules for section 170MX awards that bind excluded employers
PART 5—EXCEPTIONAL MATTERS ORDERS
PART 6—OLD IR AGREEMENTS
PART 7—RELATIONSHIPS BETWEEN PRE-REFORM AGREEMENTS ETC. AND AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD
PART 7A—RELATIONSHIP BETWEEN PRE-REFORM AGREEMENTS ETC. AND PUBLIC HOLIDAY ENTITLEMENT
PART 8—APPLICATIONS FOR CERTIFICATION ETC. BEFORE REFORM COMMENCEMENT
PART 9—MATTERS RELATING TO VICTORIA
34 Part only has effect if supported by reference etc.
35 Continuing operation of pre-reform certified agreements—under old provisions
36 Victorian reference Division 3 pre-reform certified agreements
37 Continuing operation of pre-reform AWAs—under old provisions
38 Continuing operation of section 170MX awards—under old provisions
38A Approvals of section 170MX awards under pre-reform Act after the reform commencement
39 Relationship between Victorian employment agreements and designated old IR agreements
SCHEDULE 7A—TRANSITIONAL ARRANGEMENTS FOR EXISTING AWAS
SCHEDULE 7B—TRANSITIONAL ARRANGEMENTS FOR EXISTING COLLECTIVE AGREEMENTS
SCHEDULE 8—TRANSITIONAL TREATMENT OF STATE EMPLOYMENT AGREEMENTS AND STATE AWARDS
PART 1—PRELIMINARY
PART 2—PRESERVED STATE AGREEMENTS
Division 1—Preserved individual State agreements
Subdivision A—What is a preserved individual State agreement?
Subdivision B—Who is bound by or subject to a preserved individual State agreement?
Subdivision C—Terms of a preserved individual State agreement
Division 2—Preserved collective State agreements
Subdivision A—What is a preserved collective State agreement?
Subdivision B—Who is bound by or subject to a preserved collective State agreement?
11 Who is bound by a preserved collective State agreement?
12 Whose employment is subject to a preserved collective State agreement?
Subdivision C—Terms of a preserved collective State agreement
Division 2A—Effect and operation of a preserved State agreement
Division 3—Varying a preserved State agreement
Division 4—Enforcing preserved State agreements
Division 5—Terminating a preserved State agreement
Division 5A—Coercion
Division 6—Industrial action
Division 6A—Protected conditions
Division 7—Miscellaneous
Division 8—Regulations
PART 3—NOTIONAL AGREEMENTS PRESERVING STATE AWARDS
Division 1—What is a notional agreement preserving State awards?
Subdivision A—What is a notional agreement preserving State awards?
Subdivision B—Who is bound by or subject to a notional agreement preserving State awards?
32 Who is bound by a notional agreement preserving State awards?
33 Whose employment is subject to a notional agreement preserving State awards?
Subdivision C—Terms of a notional agreement preserving State awards
Division 2—Effect and operation of a notional agreement preserving State awards
Division 3—Varying a notional agreement preserving State awards
Division 4—Enforcing the notional agreement
Division 5—Preserved notional terms and preserved notional entitlements
Division 6—Protected conditions
Division 6A—Industrial action during the life of an enterprise award
Division 7—Miscellaneous
Division 8—Regulations
SCHEDULE 9—TRANSMISSION OF BUSINESS RULES (TRANSITIONAL INSTRUMENTS)
PART 1—INTRODUCTORY
PART 2—APPLICATION OF SCHEDULE
PART 2A—TRANSMISSION OF AWAS
PART 3—TRANSMISSION OF PRE-REFORM AWAS
PART 4—TRANSMISSION OF PRE-REFORM CERTIFIED AGREEMENTS
PART 5—TRANSMISSION OF STATE TRANSITIONAL INSTRUMENTS
PART 5A—TRANSMISSION OF PRESERVED REDUNDANCY PROVISIONS
PART 6—NOTICE REQUIREMENTS AND ENFORCEMENT
28 Informing transferring employees about transmission of transitional instrument
29 Lodging copy of notice with Workplace Authority Director
29A Informing transferring employees about transmission of preserved redundancy provisions
29B Lodging copy of notice about preserved redundancy provisions with Workplace Authority Director
30 Workplace Authority Director must issue receipt for lodgment
PART 7—MATTERS RELATING TO VICTORIA
SCHEDULE 10—TRANSITIONALLY REGISTERED ASSOCIATIONS
2 Application for transitional registration
3 Application of this Act to transitionally registered associations
4 Representation rights of transitionally registered associations of employees
5 Cancellation of transitional registration
6 End of transitional registration
7 Modification of Registration and Accountability of Organisations Schedule
