Commonwealth Numbered Acts Commonwealth Numbered Acts
1 At the end of section 3
Add:
; and (g) acknowledging the special circumstances of small and medium‑sized businesses.
2 Section 12 (definition of civil remedy provision )
Omit "subsection 539(1)", substitute "subsections 539(1) and (3)".
2A At the end of subsection 22(2)
Add:
; (c) any other period of a kind prescribed by the regulations.
2B After subsection 22(3)
Insert:
(3A) Regulations made for the purposes of paragraph (2)(c) may prescribe different kinds of periods for the purposes of different provisions of this Act (other than provisions to which subsection (4) applies). If they do so, subsection (3) applies accordingly.
2C Paragraph 22(4)(a)
Repeal the paragraph, substitute:
(a) a period of service by a national system employee with his or her national system employer is a period during which the employee is employed by the employer, but does not include:
(i) any period of unauthorised absence; or
(ii) any other period of a kind prescribed by the regulations; and
2D Paragraph 22(4)(b)
Omit "of unauthorised absence", substitute "referred to in subparagraph (a)(i) or (ii)".
2E After subsection 22(4)
Insert:
(4A) Regulations made for the purposes of subparagraph (4)(a)(ii) may prescribe different kinds of periods for the purposes of different provisions to which subsection (4) applies. If they do so, paragraph (4)(b) applies accordingly.
3 Section 63
Before "A", insert "(1)".
4 Section 63 (note)
Repeal the note, substitute:
(2) The terms of a modern award or enterprise agreement may provide for average weekly hours that exceed the hours referred to in paragraph (1)(a) or (b) if the excess hours are reasonable for the purposes of subsection 62(1).
Note: Hours in excess of the hours referred to in paragraph (1)(a) or (b) that are worked in a week in accordance with averaging terms in a modern award or enterprise agreement (whether the terms comply with subsection (1) or (2)) will be treated as additional hours for the purposes of section 62. The averaging terms will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).
5 Section 64
Before "An", insert "(1)".
6 Section 64 (note)
Repeal the note, substitute:
(2) The agreed averaging arrangement may provide for average weekly hours that exceed the hours referred to in paragraph (1)(a) or (b) if the excess hours are reasonable for the purposes of subsection 62(1).
Note: Hours in excess of the hours referred to in paragraph (1)(a) or (b) that are worked in a week in accordance with an agreed averaging arrangement (whether the arrangement complies with subsection (1) or (2)) will be treated as additional hours for the purposes of section 62. The averaging arrangement will be relevant in determining whether the additional hours are reasonable (see paragraph 62(3)(i)).
7 At the end of subsection 140(1)
Add:
Note: A person who is an employer may also be an outworker entity (see the definition of outworker entity in section 12).
8 Subsection 312(2)
Repeal the subsection (not including the heading), substitute:
(2) Each of the following is a named employer award :
(a) a modern award (including a modern enterprise award) that is expressed to cover one or more named employers;
(b) a modern enterprise award that is expressed to cover one or more specified classes of employers (other than a modern enterprise award that is expressed to relate to one or more enterprises as described in paragraph 168A(2)(b)).
Note: Paragraph 168A(2)(b) deals with employers that carry on similar business activities under the same franchise.
9 Part 2‑9 (heading)
Repeal the heading, substitute:
Part 2‑9--Other terms and conditions of employment
9A At the end of subsection 371(2)
Add ", or within such period as a court allows on an application made during or after those 14 days".
9B At the end of section 371
Add:
Note: In Brodie‑Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988 .
10 Paragraph 411(c)
Omit "; and", substitute ".".
11 Paragraph 411(d)
Repeal the paragraph.
12 At the end of Subdivision C of Division 2 of Part 3‑3 of Chapter 3
Add:
416A Employer response action does not affect continuity of employment
Employer response action for a proposed enterprise agreement does not affect the continuity of employment of the employees who will be covered by the agreement, for such purposes as are prescribed by the regulations.
13 Subsection 539(2) (cell at table item 2, column headed "Civil remedy provision")
Repeal the cell, substitute:
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45 (other than in relation to a contravention or proposed contravention of an outworker term) |
14 Subsection 539(2) (cell at table item 3, column headed "Civil remedy provision")
Repeal the cell, substitute:
|
45 (in relation to a contravention or proposed contravention of an outworker term) |
15 Subsection 539(2) (cell at table item 4, column headed "Civil remedy provision")
Repeal the cell, substitute:
|
50 (other than in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award) |
16 Subsection 539(2) (after table item 4)
Insert:
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5 |
50 (in relation to a contravention or proposed contravention of a term that would be an outworker term if it were included in a modern award) |
(a) an employee; (b) an employer; (c) an employee organisation; (d) an inspector |
(a) the Federal Court; (b) the Federal Magistrates Court; (c) an eligible State or Territory court |
60 penalty units |
17 At the end of section 539
Add:
(3) The regulations may provide that a provision set out in the regulations is a civil remedy provision .
(4) If the regulations make provision as mentioned in subsection (3):
(a) the regulations must set out:
(i) the persons who would be referred to in column 2; and
(ii) the courts that would be referred to in column 3; and
(iii) the maximum penalty that would be referred to in column 4;
of the table in subsection (2) if there were an item for the civil remedy provision in the table; and
(b) this Part has effect as if the matters referred to subparagraphs (a)(i) to (iii) were set out in such an item in the table.
Note: See section 798 for limits on the penalties that may be set out in the regulations.
18 Subsection 540(2)
Omit "(other than an outworker term)".
19 Subsection 540(3)
Omit "to items 4, 7 and 14 in the table in subsection 539(2).", substitute:
to:
(a) items 4, 7 and 14 in the table in subsection 539(2); or
(b) a contravention or proposed contravention of:
(i) an outworker term in a modern award; or
(ii) a term in an enterprise agreement that would be an outworker term if it were included in a modern award.
20 Subsection 540(4)
Omit all the words after "proposed contravention", substitute:
of:
(a) an outworker term in a modern award; or
(b) a term in an enterprise agreement that would be an outworker term if it were included in a modern award;
only if the employee organisation is entitled to represent the industrial interests of an outworker to whom the term relates.
21 Subsection 558(2)
Omit "referred to in the relevant item in column 4 of the table in subsection 539(2) for contravening", substitute "that a court could have ordered the person to pay under section 546 if the court was satisfied that the person had contravened".
21A Paragraph 722(a)
Omit "5 of Part 6‑1", substitute "3 of Part 6‑4".
21B At the end of subsection 779(2)
Add ", or within such period as a court allows on an application made during or after those 14 days".
21C At the end of section 779
Add:
Note: In Brodie‑Hanns v MTV Publishing Ltd (1995) 67 IR 298, the Industrial Relations Court of Australia set down principles relating to the exercise of its discretion under a similarly worded provision of the Industrial Relations Act 1988 .
22 Subsections 799(3) and (4)
Repeal the subsections.
Note: The heading to subsection 799(3) is deleted.
[ Minister's second reading speech made in--
House of Representatives on 19 March 2009
Senate on 15 June 2009 ]
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(54/09) |