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Workplace Relations Act 1996
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Department of Employment and Workplace Relations
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C2005C00058
15 December 2004
-
12 January 2005
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Volume 1
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Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Principal object of this Act
4 Interpretation
4A Schedule 1B
5 Additional operation of Act
5AA Additional operation of Act—certified agreements
6 Act binds Crown
7 Extension to Christmas Island
7A Act not to apply so as to exceed Commonwealth power
7B Application of Criminal Code
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Part II—Australian Industrial Relations Commission
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Division 1—Establishment of Commission
8 Establishment of Commission
8A Functions of Commission
9 Appointment of Commission members etc.
10 Qualifications for appointment
11 Seniority
12 Performance of duties on part-time basis
13 Dual federal and State appointments
14 Performance of duties by dual federal and State appointees
15 Dual federal appointments
15A Appointment of a Judge as President not to affect tenure etc.
16 Tenure of Commission members
17 Acting President
17A Acting Vice President
17B Acting Senior Deputy President
18 Acting Deputy Presidents
19 Oath or affirmation of office
19A Discharge of Commission’s business
20 Duty of Commission members
21 Remuneration and allowances of Presidential Members etc.
22 Application of Judges’ Pensions Act
23 Remuneration and allowances of Commissioners
24 Removal of Presidential Member from office
25 Outside employment of Commissioner
26 Leave of absence of Commissioner
27 Disclosure of interest by Commission members
28 Termination of appointment of Commissioner
29 Resignation by Commission member
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Division 2—Organisation of Commission
30 Manner in which Commission may be constituted
31 Powers exercisable by single member of Commission
32 Functions and powers conferred on members
33 Powers may be exercised of Commission’s own motion or on application
34 Continuation of hearing by Commission
35 Commission divided in opinion
36 Arrangement of business of Commission
37 Panels of Commission for particular industries
39 Conference of Commission members
40 Delegation by President
41 Protection of Commission members
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Division 3—Representation and intervention
42 Representation of parties before Commission
43 Intervention generally
44 Particular rights of intervention of Minister
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Division 4—Appeals to Full Bench and references to Court
45 Appeals to Full Bench relating to matters arising other than under the Registration and Accountability of Organisations Schedule
45A Appeals to Full Bench relating to matters arising under the Registration and Accountability of Organisations Schedule etc.
46 References to Court by Commission on question of law
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Division 5—Miscellaneous
47 Seals of Commission
48 Rules of Commission
48A President must provide certain information etc. to the Minister
49 Annual report of Commission
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Part IV—Australian Industrial Registry
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Division 1A—Interpretation
61A Definition of State industrial body
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Division 1—Establishment and functions of Australian Industrial Registry
62 Australian Industrial Registry
63 Functions of the Industrial Registry
64 Registries
65 Seals of the Registry
66 Annual report of Industrial Registry
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Division 2—Registrars
67 Industrial Registrar
68 Tenure of office of Industrial Registrar
69 Remuneration and allowances of Industrial Registrar
70 Outside employment of Industrial Registrar
71 Disclosure of interests by Industrial Registrar
72 Leave of absence of Industrial Registrar
73 Resignation by Industrial Registrar
74 Termination of appointment of Industrial Registrar
75 Deputy Industrial Registrars
76 Acting Industrial Registrar
77 Acting Deputy Industrial Registrars
78 Oath or affirmation of office of Registrar
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Division 3—References and appeals
79 References by Registrar to Commission
80 Removal of matters before Registrar
81 Appeals from Registrar to Commission
82 References to Court by Registrar on question of law
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Division 4—Staff
83 Staff
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Part IVA—The Employment Advocate
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Division 1—Functions, powers etc. of the Employment Advocate
83BA The Employment Advocate
83BB Functions
83BC Minister’s directions to Employment Advocate
83BD Staff
83BE Delegation by Employment Advocate
83BF Annual report
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Division 2—Authorised officers
83BG Appointment of authorised officers
83BH Powers of authorised officers
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Division 3—Appointment, conditions of appointment etc. of Employment Advocate
83BI Appointment of Employment Advocate
83BJ Remuneration and allowances
83BK Outside employment
83BL Recreation leave etc.
83BM Resignation
83BN Disclosure of interests
83BO Termination of appointment
83BP Acting appointment
83BQ Other terms and conditions of appointment
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Division 4—Miscellaneous
83BS Identity of AWA parties not to be disclosed
83BT Publication of AWAs etc. by Employment Advocate
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Part V—Inspectors
84 Inspectors
85 Identity cards
86 Powers of inspectors
87 Inspector to investigate matters affecting safety of employees
88 Annual report
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Part VI—Dispute prevention and settlement
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Division 1A—Objects of Part
88A Objects of Part
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Division 1—Functions of Commission generally
88B Performance of Commission’s functions under this Part
89 General functions of Commission
89A Scope of industrial disputes
89B Review of certain awards
90 Commission to take into account the public interest
90A Commission to have regard to operation of Superannuation Guarantee legislation when making National Wage Case decision
91 Commission to encourage agreement on procedures for preventing and settling disputes
92 Commission to have regard to compliance with disputes procedures
93 Commission to take account of Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act
93A Commission to take account of Family Responsibilities Convention
94 Limitation on powers of Commission relating to discrimination and preference
95 No automatic flow-on of terms of certain agreements
96 Schemes of apprenticeship
97 Safety, health and welfare of employees
98 Commission to act quickly
98A Commission to avoid technicalities and facilitate fair conduct of proceedings
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Division 2—Powers and procedures of Commission for dealing with industrial disputes
99 Notification of industrial disputes
100 Disputes to be dealt with by conciliation where possible
101 Findings as to industrial disputes
102 Action to be taken where dispute referred for conciliation
103 Completion of conciliation proceeding
104 Arbitration
105 Exercise of arbitration powers by member who has exercised conciliation powers
106 Allowable award matters to be dealt with by Full Bench
107 Reference of disputes to Full Bench
108 President may deal with certain proceedings
109 Review on application by Minister
110 Procedure of Commission
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Division 3—Particular powers of Commission
111 Particular powers of Commission
111AAA Commission to cease dealing with industrial dispute in certain circumstances
111AA Recommendations by consent
111A Hearings in relation to discriminatory awards
113 Power to set aside or vary awards
113A Commission to include enterprise flexibility provisions in awards
113B Variation of award to give effect to agreement negotiated under enterprise flexibility provision
114 Power to make further awards in settlement of industrial dispute etc.
119 Compulsory conferences
120 Relief not limited to claim
120A Orders of Commission on exceptional matters
120B Commission to report on junior rates of pay
121 Power to override certain laws affecting public sector employment
123 Power to provide special rates of wages
124 Commission not to deal with claims for payments in relation to periods of industrial action
126 Stand-down applications
127 Orders to stop or prevent industrial action
127AA Awards and orders dealing with rights of entry
127A Unfair contracts with independent contractors: Court’s powers
127B Court may make orders about unfair contracts
127C Application of sections 127A and 127B
128 State authorities may be restrained from dealing with disputes
129 Joint sessions of Commission
130 Reference of industrial dispute to local industrial board for report
131 Boards of reference
132 Discussions about conciliation and arbitration processes
133 Industry consultative councils
134 Power of inspection
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Division 4—Ballots ordered by Commission
135 Commission may order secret ballot
136 Application by members of organisation for secret ballot
137 Scope of directions for secret ballots
138 Conduct of ballot
139 Commission to have regard to result of ballot
140 Certain members not required to obey directions of organisation
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Division 5—Common rules
141 Common rules
141A Reference of application for declaration to Full Bench
141B Intervention by Minister of Victoria
142 Variation of common rules
142A Applying single common rule to a business of employer
142B Application of section 109 to declarations under this Division
142C Common rule taken to be award
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Division 6—Awards of Commission
143 Making and publication of awards etc.
144 Form of awards
145 Date of awards
146 Commencement of awards
147 Term of awards
148 Continuation of awards
149 Persons bound by awards
150 Awards of Commission are final
151 Registrar to review operation of awards
152 Awards to prevail over State laws and State awards
153 Validity of State laws and State awards
154 Reprints of awards as varied
155 Expressions used in awards
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Division 7—Disputes relating to boycotts
156 Application of Division
157 Notification of disputes
158 Powers of Commission
159 Exercise of powers
160 Parties
161 Application of other provisions of Act
162 Trade Practices Act and application laws not affected
163 Interpretation
166A Restriction on certain actions in tort
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Part VIA—Minimum entitlements of employees
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Division 2—Equal remuneration for work of equal value
170BA Object
170BB Equal remuneration for work of equal value
170BC Orders requiring equal remuneration
170BD Orders only on application
170BE No order if adequate alternative remedy exists
170BF Immediate or progressive introduction of equal remuneration
170BG Employer not to reduce remuneration
170BH Division not to limit other rights
170BHA Applications under this Division
170BI Additional effect of Division
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Division 3—Termination of employment
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Subdivision A—Object, application and definitions
170CA Object
170CB Application
170CBA Exclusions
170CC Regulations may provide for additional exclusions
170CCA People’s rights, liabilities and obligations the same as if certain provisions of the regulations had been valid
170CD Definitions
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Subdivision B—Application to Commission for relief in respect of termination of employment
170CE Application to Commission to deal with termination under this Subdivision
170CEAA Fees for lodging applications under section 170CE
170CEA Motions for dismissal of application for want of jurisdiction
170CF Conciliation
170CFA Elections to proceed to arbitration or to begin court proceedings
170CG Arbitration
170CH Remedies on arbitration
170CI Orders made on arbitration are binding
170CIA Representatives to disclose contingency fee agreements
170CIB Commission may dismiss application if applicant fails to attend
170CJ Commission may order payment of costs
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Subdivision C—Unlawful termination of employment by employer
170CK Employment not to be terminated on certain grounds
170CL Employer to notify CES of proposed terminations in certain cases
170CM Employer to give notice of termination
170CN Employer not to contravene Commission order about employment termination
170CO Contravention of this Subdivision not an offence
170CP Application to courts in relation to alleged contravention of section 170CK, 170CL, 170CM or 170CN
170CQ Proof of issues in relation to alleged contravention of section 170CK
170CR Orders available to courts
170CS Costs
170CT Small claims procedure
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Subdivision D—Commission orders giving effect to Articles 12 and 13 of Convention
170FA Employment termination orders creating rules of general application
170FB Orders only on application
170FC No order if alternative exists
170FD Powers and procedures of Commission for dealing with applications
170FE Commission’s powers not limited by Subdivision E
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Subdivision E—Commission orders after employer fails to consult trade union about terminations
170GA Orders by Commission where employer fails to consult trade union about terminations
170GB Orders only on application
170GC No order if alternative remedy exists
170GD Powers and procedures of Commission for dealing with applications
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Subdivision F—Other rights relating to termination of employment
170HA Division not to limit other rights
170HB Applications alleging harsh, unjust or unreasonable termination
170HBA No second applications under section 170CE concerning same termination to be made
170HC Applications alleging contravention of section 170CK
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Subdivision G—Unmeritorious or speculative proceedings
170HD Definitions
170HE Advisers not to encourage applicants to make, or to pursue, certain applications
170HF Applications to the Court
170HH Evidentiary matters
170HI Order that the Court may make
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Division 4—Orders and proceedings
170JA Orders to be in writing
170JB When orders take effect
170JC Compliance with orders
170JD Variation and revocation of orders
170JE Application of sections 109, 110, 111, 128 and 129 to orders and proceedings under this Part
170JEA Representation of employers
170JEB Reference of applications to Full Bench
170JEC President may deal with certain applications
170JF Appeals to Full Bench
170JG Inconsistency with awards or other orders of Commission
170JH Validity of State laws, awards etc.
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Division 5—Parental leave
170KA Effect of Division
170KB Application of Schedule 14
170KC Regulations may prescribe adoption leave
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Part VIB—Certified agreements
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Division 1—Preliminary
170L Object
170LA Functions of Commission
170LB Single business and single employer
170LC Additional operation of Part
170LD Nominal expiry date
170LE Valid majority
170LF Working day
170LG Paid rates award
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Division 2—Making agreements with constitutional corporations or the Commonwealth
170LH What this Division covers
170LI Nature of agreement
170LJ Agreement with organisations of employees
170LK Agreement with employees
170LKA Certificate as to requested representation or invitation
170LL Greenfields agreement
170LM Making the application for certification
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Division 3—Making agreements about industrial disputes and industrial situations
170LN What this Division covers
170LO Agreement about industrial dispute
170LP Agreement about industrial situation
170LQ Multiple disputes and situations
170LR Approval by valid majority of employees
170LS Making the application for certification
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Division 4—Certifying agreements
170LT Certifying an agreement
170LU When Commission to refuse to certify an agreement
170LV Other options open to Commission instead of refusing to certify an agreement
170LW Procedures for preventing and settling disputes
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Division 5—Effect of certified agreements
170LX When a certified agreement is in operation
170LY Effect of a certified agreement in relation to awards and other certified agreements
170LZ Effect of a certified agreement on Commonwealth laws or State laws, awards or agreements
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Division 6—Persons bound by certified agreements
170M Persons bound in Division 2 cases
170MA Persons bound in Division 3 cases
170MB Successor employers bound
170MBA Commission may make order about extent to which successor employer bound by certified agreement
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Division 7—Extending, varying or terminating certified agreements
170MC Extending the nominal expiry date
170MD Varying a certified agreement
170MDA Variation where discrimination between unionists and non-unionists
170ME Other options open to Commission instead of refusing to approve variation of an agreement
170MG Terminating a certified agreement where valid majority approve at any time
170MH Terminating a certified agreement in public interest after nominal expiry date
170MHA Terminating an agreement in a way provided under agreement after nominal expiry date
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Division 8—Negotiations for certified agreements etc.
170MI Initiation of bargaining period
170MJ Particulars to accompany notice
170MK When bargaining period begins
170ML Protected action
170MM Industrial action must not involve secondary boycott
170MN Industrial action etc. must not be taken until after nominal expiry date of certain agreements and awards
170MO Notice of action to be given
170MP Negotiation must precede industrial action or lockout
170MQ What happens if Commission orders a ballot
170MR Industrial action must be duly authorised
170MS What happens if application to certify agreement is not made within 21 days
170MT Immunity provisions
170MU Employer not to dismiss employee etc. for engaging in protected action
170MV When bargaining period ends
170MW Power of Commission to suspend or terminate bargaining period
170MWA Power of Commission in relation to new bargaining periods
170MX What happens if Commission terminates a bargaining period under subsection 170MW(3) or (7)
170MY Commission’s powers where section 170MX applies
170MZ Awards under section 170MX
170N Commission not to arbitrate during bargaining period
170NA Conciliation in respect of agreements
170NB Employers not to discriminate between unionist and non-unionist
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Division 9—Prohibition of coercion in relation to agreements
170NC Coercion of persons to make, vary or terminate certified agreements etc.
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Division 10—Enforcement and remedies
170ND Penalty provisions
170NE Eligible court
170NF Penalties for contravening penalty provisions
170NG Injunctions
170NH Reinstatement and compensation where employer contravenes section 170MU
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Division 10A—Validation of certain pre-2 September 2004 agreements, variations, industrial action and lockouts
170NHA Validation etc. of certain agreements
170NHB Validation etc. of variations of certain agreements
170NHBA Validation of certain industrial action and lockouts
170NHC Definitions of permitted matter
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Division 11—Miscellaneous
170NI Complementary State laws
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Part VID—Australian workplace agreements (AWAs)
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Division 1—Preliminary
170VA Interpretation
170VB Proposed AWAs and ancillary documents—interpretation
170VC Scope of this Part
170VCA Functions of Commission
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Division 2—General rules about AWAs and ancillary documents
170VD AWAs and ancillary documents only have effect as provided by this Part
170VE Collective agreements
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Division 3—Making, varying or terminating an AWA
170VF Employer and employee may make an AWA
170VG Content of AWA
170VH Nominal expiry date of AWA
170VJ Period of operation of AWA
170VK Bargaining agents
170VL Varying the terms of an AWA
170VM Terminating an AWA
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Division 4—Filing AWAs and ancillary documents with Employment Advocate
170VN Filing AWAs and ancillary documents with Employment Advocate
170VO Filing requirements
170VP Employer’s declaration must be accurate
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Division 5—Approval of AWAs and ancillary documents
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Subdivision A—Preliminary
170VPA Additional approval requirements for AWA and ancillary documents
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Subdivision B—Approval by Employment Advocate
170VPB Approval of AWA by Employment Advocate
170VPC Approval of variation agreement by Employment Advocate
170VPD Approval of other ancillary documents by Employment Advocate
170VPE Protocol for referring AWAs and variation agreements to the Commission
170VPF Employment Advocate must issue approval, refusal or referral notice
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Subdivision C—Approval by Commission
170VPFA Withdrawal of AWA or variation agreement
170VPG Approval of AWA by Commission
170VPH Approval of variation agreement by Commission
170VPI Commission must issue approval or refusal notice etc.
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Subdivision D—Miscellaneous
170VPJ Undertakings deemed to be included in AWA
170VPK Employment Advocate to issue copies of approved AWAs and ancillary documents
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Division 6—Effect of an AWA
170VQ Effect of AWA on awards and agreements
170VR Effect of AWA on other laws
170VS AWA binds employer’s successor
170VT Parties must not breach AWA
170VU Industrial action etc. by party to AWA
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Division 7—Enforcement and remedies
170VV Penalties for contravening this Part
170VW Damages for breach of AWA
170VX Compensation to new employee for shortfall in entitlements
170VZ Injunctions
170W Interest on judgment etc.
170WA Small claims procedure
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Division 8—Limited immunity for industrial action
170WB Interpretation
170WC Limited immunity conferred
170WD Immunity conditional on giving notice
170WE Employer not to dismiss, prejudice etc. an employee for taking AWA industrial action
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Division 8A—Validation of certain AWAs and variation agreements made before 2 September 2004
170WEA Validation etc. of certain AWAs
170WEB Validation etc. of certain variation agreements
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Division 9—Miscellaneous
170WF Hindering AWA negotiations
170WG Persons must not apply duress or make false statements in connection with AWA etc.
170WH Employer must give copies of documents to employee
170WHA Intervention not permitted
170WHB Identity of AWA parties not to be disclosed
170WHC Industrial Registrar not to publish AWA determinations
170WHD Hearings to be in private
170WI Evidence
170WJ Signature on behalf of body corporate
170WK AWAs with Commonwealth employees
170WKA Complementary State laws
170WL Regulations
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Part VIE—No-disadvantage test
170X Interpretation
170XA When does an agreement pass the no-disadvantage test?
170XB Special case—employee eligible for the Supported Wage System
170XC Special case—employee undertaking approved traineeship
170XD Special case—employee undertaking approved apprenticeship
170XE Determination of designated award or awards for the purposes of an AWA
170XF Determination of designated award or awards for the purposes of a certified agreement
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Part VII—Co-operation with the States
171 Co-operation with States by President
172 Co-operation with States by Industrial Registrar
173 Member of Commission may exercise powers under prescribed State laws
174 Reference of dispute (other than demarcation dispute) to State authority for determination
174A Reference of demarcation dispute to State authority for determination
175 Joint proceedings
176 Conference with State authorities
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Part VIII—Compliance
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Division 1—Penalties and other remedies for contravention of awards and orders
177A Definition of court of competent jurisdiction
178 Imposition and recovery of penalties
179 Recovery of wages etc.
179A Interest up to judgment
179B Interest on judgment
179C Plaintiffs may choose small claims procedure in magistrates’ courts
179D Small claims procedure
180 Unclaimed moneys
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Division 3—Cancellation and suspension of awards and orders
187 Cancellation and suspension of awards and orders
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Part VIIIA—Payments in relation to periods of industrial action
187AA Payments not to be made or accepted in relation to periods of industrial action
187AB Organisations not to take action for payments in relation to periods of industrial action
187AC Applications to the Court
187AD Orders that the Court may make
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Volume 2
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Part IX—Entry and inspections by organisations
285A Permits
285B Investigating suspected breaches of Act etc.
285C Discussions with employees
285D Conduct not authorised under sections 285B and 285C
285E Conduct in relation to sections 285B and 285C attracting civil penalties
285F Civil penalties
285G Powers of Commission
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Part XA—Freedom of association
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Division 1—Preliminary
298A Objects of Part
298B Definitions
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Division 2—Conduct to which this Part applies
298C Application
298D Organisations
298E Industrial action
298F Matters arising under this Act or the Registration and Accountability of Organisations Schedule
298G Constitutional corporations
298H Territories
298J Operation of State and Territory laws
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Division 3—Conduct by employers etc.
298K Dismissal etc. of members of industrial associations etc.
298L Prohibited reasons
298M Inducements to cease membership etc. of industrial associations etc.
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Division 4—Conduct by employees etc.
298N Cessation of work
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Division 5—Conduct by industrial associations etc.
298P Industrial associations acting against employers
298Q Industrial associations acting against employees etc.
298R Industrial associations acting against members
298S Industrial associations acting against independent contractors etc.
298SA Industrial associations not to demand bargaining services fee
298SB Action to coerce person to pay bargaining services fee
298SBA Industrial associations not prevented from entering contracts
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Division 5A—False or misleading representations about bargaining services fees etc.
298SC False or misleading representations about bargaining services fees etc.
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Division 6—Remedies for breaches of this Part
298T Applications to the Court
298U Orders that the Federal Court may make
298V Proof not required of the reason for, or the intention of, conduct
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Division 7—Miscellaneous
298W Effect on other laws
298X Contravention of this Part not an offence
298Y Provisions of industrial instruments requiring or permitting conduct in contravention of this Part etc.
298Z Removal of objectionable provisions from awards and certified agreements
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Part XI—Offences
299 Offences in relation to Commission
300 Attendance at compulsory conferences
301 Intimidation etc.
302 Creating disturbance near Commission
303 Offences relating to witnesses
305 Non-compliance with requirement made by an inspector
305A Non-compliance with requirement made by an authorised officer
307 Application for secret ballot in relation to industrial action
308 Compliance with directions in relation to secret ballot
317 Offences in relation to ballot
338 Contracts entered into by agents of employers
339 Publication of trade secrets etc.
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Part XII—Costs
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Division 2—Costs
347 Costs only where proceeding instituted vexatiously etc.
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Part XIII—Miscellaneous
348 Delegation by Minister
349 Conduct by officers, directors, employees or agents
350 No imprisonment in default
351 Jurisdiction of courts limited as to area
352 Public sector employer to act through employing authority
353 Proceedings by and against unincorporated clubs
353A Records relating to employees
354 Inspection of documents etc.
355 Trade secrets etc. tendered as evidence
356 Application of penalty
357 Enforcement of penalties etc.
358 Appropriation for payment of certain salaries and allowances
358A Reports about developments in making agreements
359 Regulations
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Part XIV—Jurisdiction of the Federal Court of Australia
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Division 1—Original jurisdiction
412 Jurisdiction of Court
413 Interpretation of awards
413A Interpretation of certified agreements
414 Exclusive jurisdiction
415 Exercise of Court’s original jurisdiction
416 Reference of proceedings to Full Court
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Division 2—Appellate jurisdiction
422 Appeals from State and Territory courts
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Division 3—Representation and intervention
469 Representation of parties before Court
470 Intervention generally
471 Particular rights of intervention of Minister
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Part XV—Matters referred by Victoria
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Division 1—Preliminary
488 Object
489 Interpretation
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Division 2—Extension of existing Commonwealth provisions
490 Division only has effect if supported by reference
491 Exclusion of Commonwealth employment
492 Additional effect of Act—termination of employment
493 Additional effect of Act—industrial disputes
493A Additional effect of Act—common rules
494 Additional effect of Act—certified agreements
495 Additional effect of Act—AWAs
496 Additional effect of Act—freedom of association
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Division 3—New Commonwealth provisions
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Subdivision A—General
497 Division only has effect if supported by reference
498 Exclusion of Commonwealth employment
499 Inconsistency with other Commonwealth laws
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Subdivision B—Minimum terms and conditions of Victorian employees
500 Minimum terms and conditions of employment
501 Minimum wages
501A Supported Wage System—minimum wage
502 Reference of minimum wage proceeding to Full Bench
503 Modified application of section 143 in relation to minimum wage orders
504 Certain provisions of no effect
505 Employer must comply with minimum terms and conditions of employment
506 Penalties and recovery of wages—application of sections 178 and 179 to Victorian employees
507 Limit on operation of sections 505 and 506 and Schedule 1A
508 Relationship between awards and minimum terms and conditions of employment
509 Exemption from minimum rate of pay
509A Stand down provisions in a contract of employment (other than an employment agreement)
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Subdivision C—Intervals for meals
510 Intervals for meals
511 Relationship between section 510 and other laws etc.
512 Limit on operation of section 510
513 Relationship between awards and section 510
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Subdivision D—Records relating to certain employees
514 Making and retaining employment records
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Subdivision E—Employment agreements
515 Continued operation of employment agreements
516 Individual employment agreements on cessation of collective employment agreements
517 Lodging collective employment agreements within 14 days of coming into force etc.
518 Variation of collective employment agreements
519 Stand down provisions
520 Dispute resolution provisions
521 Limit on damages for breach of employment agreement
522 Employer to give copy of employment agreement
523 Registrar not to divulge information in employment agreements
524 Restriction on protected action and AWA industrial action: employees
525 Restriction on protected action and AWA industrial action: employers
526 Restriction on protected action: organisations
527 Application of Act as if employment agreement were a certified agreement
528 Application of section 111AAA as if employment agreement were a State employment agreement
529 Exclusion of certain agreements from sections 524, 525, 526 and 528
530 Relationship between employment agreements and awards
531 Relationship between employment agreements and enterprise flexibility agreements
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Subdivision F—Contravention of penalty provisions
533 Penalties for contravening penalty provisions
534 Injunctions
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Division 4—Recognised associations
535 Regulations relating to transitional registration applications
536 Regulations relating to certain recognised associations that have become registered
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Part XVI—Contract outworkers in Victoria in the textile, clothing and footwear industry
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Division 1—Preliminary
537 Object of Part
538 Definitions
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Division 2—New Commonwealth provisions
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Subdivision A—General
539 Constitutional corporations
540 Interstate trade or commerce etc.
540A Concurrent operation of Victorian laws
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Subdivision B—Minimum rate of pay
541 Minimum rate of pay
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Subdivision C—Inspectors
542 Powers of inspectors
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Subdivision D—Enforcement of minimum rate of pay
543 Imposition and recovery of penalties
544 Recovery of pay
545 Interest up to judgment
546 Interest on judgment
547 Plaintiffs may choose small claims procedure in magistrates courts
548 Enforcement of penalties etc.
549 Records relating to contracts for services with contract outworkers
Schedule 1A—Minimum terms and conditions of employment
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Part 1—General
1 Minimum terms and conditions of employment
1A Annual leave
1B Personal leave
1C Sick leave
1D Carer’s leave
1E Bereavement leave
1F Definitions
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Part 2—Maternity leave
2 Nature of leave
3 Definitions
4 Eligibility for maternity leave
5 Certification
6 Notice requirements
7 Transfer to a safe job
8 Variation of period of maternity leave
9 Cancellation of maternity leave
10 Special maternity leave and sick leave
11 Maternity leave and other leave entitlements
12 Effect of maternity leave on employment
13 Termination of employment
14 Return to work after maternity leave
15 Replacement employees
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Part 3—Paternity leave
16 Nature of leave
17 Definitions
18 Eligibility for paternity leave
19 Certification
20 Notice requirements
21 Variation of period of paternity leave
22 Cancellation of paternity leave
23 Paternity leave and other leave entitlements
24 Effect of paternity leave on employment
25 Termination of employment
26 Return to work after paternity leave
27 Replacement employees
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Part 4—Adoption leave
28 Nature of leave
29 Definitions
30 Eligibility for adoption leave
31 Certification
32 Notice requirements
33 Variation of period of adoption leave
34 Cancellation of adoption leave
35 Special leave
36 Adoption leave and other entitlements
37 Effect of adoption leave on employment
38 Termination of employment
39 Return to work after adoption leave
40 Replacement employees
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Part 5—Part-time employment
41 Definitions
42 Entitlement
43 Return to former position
44 Effect of part-time employment on continuous service
45 Pro rata entitlements
46 Transitional arrangements—annual leave
47 Transitional arrangements—sick leave
48 Part-time employment agreement
49 Termination of employment
50 Extension of hours of work
51 Nature of part-time employment
52 Inconsistent employment agreement provisions
53 Replacement employees
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Part 6—Requirements for lawful termination of employment
54 Employee to be given notice of termination
55 Employer to be given notice of termination
Schedule 1B—Registration and Accountability of Organisations
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Chapter 1—Objects of Schedule and general provisions
1 Simplified outline of Chapter
5 Objects of Schedule
5A Schedule binds Crown
6 Definitions
6A References to provisions in this Schedule
7 Meaning of industrial action
8 Meaning of industrial dispute
9 Meaning of office
10 Forging and uttering
11 Actions and opinions of AEC
12 Membership of organisations
13 Functions of the Industrial Registry
14 President may establish Organisations Panel
15 Disapplication of Part 2.5 of Criminal Code
16 Operation of offence provisions
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Chapter 2—Registration and cancellation of registration
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Part 1—Simplified outline of Chapter
17 Simplified outline
Part 2—Registration
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Division 1—Types of associations that may apply for registration
18 Employer and employee associations may apply
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Division 2—Registration criteria
19 Criteria for registration of associations other than enterprise associations
20 Criteria for registration of enterprise associations
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Division 3—Prohibited conduct in relation to formation or registration of employee associations
21 Prohibited conduct—employers
22 Prohibited conduct—organisations
23 Powers of Federal Court in relation to prohibited conduct
24 Certain actions considered to be done by organisation or employer
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Division 4—Registration process
25 Applicant for registration may change its name or alter its rules
26 Registration
27 Incorporation
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Part 3—Cancellation of registration
28 Application for cancellation of registration
29 Orders where cancellation of registration deferred
30 Cancellation of registration on technical grounds etc.
31 Cancellation to be recorded
32 Consequences of cancellation of registration
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Part 4—Commission’s powers under this Chapter
33 Powers exercisable by Presidential Member
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Chapter 3—Amalgamation and withdrawal from amalgamation
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Part 1—Simplified outline of Chapter
34 Simplified outline
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Part 2—Amalgamation of organisations
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Division 1—General
35 Definitions
36 Procedure to be followed for proposed amalgamation etc.
37 Exercise of Commission’s powers under this Part
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Division 2—Preliminary matters
38 Federations
39 Use of resources to support proposed amalgamation
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Division 3—Commencement of amalgamation procedure
40 Scheme for amalgamation
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
47 Application for ballot not conducted under section 65
48 Lodging “yes” case
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Division 4—Role of AEC
49 Ballots to be conducted by AEC
50 Notification of AEC
51 Providing information etc. to electoral officials
52 Declaration by secretary etc. of organisation
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Division 5—Procedure for approval of amalgamation
53 Fixing hearing in relation to amalgamation etc.
54 Submissions at amalgamation hearings
55 Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.
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
59 Roll of voters for ballot
60 “Yes” case and “no” case for amalgamation
61 Alteration and amendment of scheme
62 Outline of scheme for amalgamation
63 Exemption from ballot
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
68 Post-ballot report by AEC
69 Inquiries into irregularities
70 Approval of amalgamation
71 Expenses of ballot
72 Offences in relation to ballot
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Division 6—Amalgamation taking effect
73 Action to be taken after ballot
74 Assets and liabilities of de-registered organisation become assets and liabilities of amalgamated organisation
75 Resignation from membership
76 Effect of amalgamation on awards, orders and certified agreements
77 Effect of amalgamation on agreement under section 151
78 Instruments
79 Pending proceedings
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.
85 Certificates in relation to other assets
86 Other matters
87 Federal Court may resolve difficulties
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Division 7—Validation
88 Validation of certain acts done in good faith
89 Validation of certain acts after 4 years
90 Orders affecting application of section 88 or 89
91 Federal Court may make orders in relation to consequences of invalidity
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Part 3—Withdrawal from amalgamations
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Division 1—General
92 Object of Part
93 Definitions etc.
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Division 2—Ballots for withdrawal from amalgamated organisations
94 Applications to the Federal Court for ballots
95 Outline of proposed withdrawal
96 Filing the “yes” case
97 Filing the “no” case
98 Provisions relating to outlines and statements of “yes” and “no” cases
99 Notifying of applications for ballots
100 Orders for ballots
101 Financial members only eligible to vote
102 Conduct of ballots
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
107 Post-ballot report by AEC
108 Inquiries into irregularities
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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.
114 Effect of withdrawal on agreement under section 151
115 Instruments
116 Pending proceedings
117 Division applies despite laws and agreements prohibiting transfer etc.
118 Amalgamated organisation, constituent part and newly registered organisation to take necessary steps
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
123 Holding office after withdrawal
124 Other matters
125 Federal Court may resolve difficulties
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Division 4—Validation
126 Validation of certain acts done in good faith
127 Validation of certain acts after 4 years
128 Orders affecting application of section 126 or 127
129 Federal Court may make orders in relation to consequences of invalidity
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Division 5—Miscellaneous
130 Certain actions etc. not to constitute breach of rules of amalgamated organisation
131 Amalgamated organisation not to penalise members etc.
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Chapter 4—Representation orders
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Part 1—Simplified outline
132 Simplified outline
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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
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Chapter 5—Rules of organisations
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Part 1—Simplified outline of Chapter
139 Simplified outline
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Part 2—Rules of organisations
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Division 1—General
140 Organisations to have rules
141 Rules of organisations
142 General requirements for rules
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Division 2—Rules relating to elections for office
143 Rules to provide for elections for offices
144 Rules to provide for elections for office by secret postal ballot
145 Rules to provide for terms of office
146 Rules may provide for filling of casual vacancies
147 Model rules for conduct of elections
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Division 3—Rules relating to conduct of officers and employees
148 Model rules about conduct of officers and employees
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Division 4—Other rules
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Subdivision A—Loans, grants and donations
149 Rules to provide conditions for loans, grants and donations by organisations
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Subdivision B—Agreements between organisations and State unions
150 Definitions
151 Membership agreements
152 Assets and liabilities agreements
153 Party to section 152 agreement may apply to Federal Court for orders
154 Termination of section 152 agreement
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Subdivision C—Miscellaneous
155 Exercise of Commission’s powers under this Division
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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
160 Certain alterations of rules to be recorded
161 Evidence of rules
162 Powers of Commission
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Part 3—Validity and performance of rules etc
163 Rules contravening section 142
164 Directions for performance of rules
164A Directions to rectify breach of rule of organisation
164B Orders under sections 164 and 164A
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Chapter 6—Membership of organisations
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Part 1—Simplified outline of Chapter
165 Simplified outline
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Part 2—Entitlement to membership
166 Entitlement to become and to remain a member
167 Federal Court may declare on person’s entitlement to membership
168 Application for membership of organisation by person treated as having been a member
169 Request by member for statement of membership
170 Rectification of register of members
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Part 3—Termination of membership
171 Federal Court may order that persons cease to be members of organisations
172 Non-financial members to be removed from the register
173 No entrance fee if person re-joins within 6 months
174 Resignation from membership
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Part 4—False information, disputes and arrears of dues
175 False representation as to membership of organisation
176 False representation about resignation from organisation
177 Disputes between organisations and members
178 Recovery of arrears
179 Liability for arrears
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Part 5—Conscientious objection to membership
180 Conscientious objection to membership of organisations
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Chapter 7—Democratic control
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Part 1—Simplified outline of Chapter
181 Simplified outline
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Part 2—Conduct of elections for office and other positions
182 Conduct by AEC
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
196 Death of candidate
197 Post-election report by AEC
198 Organisation to respond to adverse report on rules
199 Ballot papers etc. to be preserved
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Part 3—Inquiries into elections for office
200 Application for inquiry
201 Instituting of inquiry
202 Federal Court may authorise Industrial Registrar to take certain action
203 Designated Registry officials must have identity cards
204 Interim orders
205 Procedure at hearing
206 Action by Federal Court
207 Industrial Registrar to make arrangements for conduct of elections etc.
208 Enforcement of orders
209 Validity of certain acts etc. where election declared void
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Part 4—Disqualification from office
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Division 1—Simplified outline of Part
210 Simplified outline
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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
218 Federal Court to have regard to certain matters
219 Action by Federal Court
220 Part not to affect spent convictions scheme
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Chapter 8—Records and accounts
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Part 1—Simplified outline of Chapter
229 Simplified outline
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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
234 Storage of records
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
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Part 3—Accounts and audit
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Division 1—Preliminary
238 Simplified outline
239 Part only applies to financial years starting after registration
240 Financial years—change in financial year
241 Exemptions from certain Australian Accounting Standards
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Division 2—Reporting units
242 What is a reporting unit?
243 Designated officers
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
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Division 3—Accounting obligations
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Subdivision A—General obligations
252 Reporting unit to keep proper financial records
253 Reporting unit to prepare general purpose financial report
254 Reporting unit to prepare operating report
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Subdivision B—Reporting guidelines
255 Reporting guidelines
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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
262 Fees and expenses of auditors
263 Removal of auditor
264 Resignation of auditor
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Division 5—Reporting requirements
265 Copies of full report or concise report to be provided to members
266 Full report to be presented to meetings
267 Comments by committee members not to be false or misleading
268 Reports etc. to be lodged in Industrial Registry
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Division 6—Reduced reporting requirements for particular reporting units
269 Reporting units with substantial common membership with State registered bodies
270 Organisations with income of less than certain amount
271 Exemption from this Part of certain reporting units
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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
275 Ancillary orders
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
279 Constitution of Commission
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Part 4—Access to organisations’ books
280 Right of access to organisation’s books
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Chapter 9—Conduct of officers and employees
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Part 1—Simplified outline of Chapter
281 Simplified outline
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Part 2—General duties in relation to the financial management of organisations
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Division 1—Preliminary
282 Simplified outline
283 Part only applies in relation to financial management
284 Meaning of involved
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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.
292 Reliance on information or advice provided by others
293 Responsibility for actions of other person
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Chapter 10—Civil penalties
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Part 1—Simplified outline of Chapter
304 Simplified outline
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Part 2—Civil consequences of contravening civil penalty provisions
305 Civil penalty provisions
306 Pecuniary penalty orders that the Federal Court may make
307 Compensation orders
308 Other orders
309 Effect of section 307
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
316 Power to grant relief
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Chapter 11—Miscellaneous
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Part 1—Simplified outline of Chapter
317 Simplified outline
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Part 2—Validating provisions for organisations
318 Definition
319 Validation of certain acts done in good faith
320 Validation of certain acts after 4 years
321 Order affecting application of section 319 or 320
322 Federal Court may make orders in relation to consequences of invalidity
323 Federal Court may order reconstitution of branch etc.
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Part 3—Financial assistance and costs
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Division 1—Financial assistance
324 Authorisation of financial assistance
325 Federal Court may certify that application was reasonable
326 Applications under sections 163, 164, 164A and 167
327 Fees for 2 counsel not normally to be paid
328 Powers of Federal Court not affected
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Division 2—Costs
329 Costs only where proceeding instituted vexatiously etc.
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Part 4—Inquiries and investigations
330 Registrar or staff may make inquiries
331 Registrar may conduct investigations
332 Investigations arising from auditor’s report
333 Investigations arising from request from members
334 Investigations arising from referral under section 278
335 Conduct of investigations
336 Action following an investigation
337 Offences in relation to investigation by Registrar
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Part 5—Jurisdiction of the Federal Court of Australia
338 Jurisdiction of Federal Court
339 Exclusive jurisdiction
340 Exercise of Court’s original jurisdiction
341 Reference of proceedings to Full Court
342 Appeal to the Court from certain judgments
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Part 6—Other
343 Delegation by Minister
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
357 Application of penalty
358 Enforcement of penalties etc.
359 Regulations
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Part 7—Complementary registration systems
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Division 1—Application of this Part
360 Complementary registration systems
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Division 2—Preliminary
361 Definitions
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Division 3—Branch rules
362 Branch funds
363 Obligations of Commission in relation to application under section 158
364 Branch autonomy
365 Organisation may participate in State systems
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Division 4—Amalgamation of organisation and associated body
366 Organisation and associated body may amalgamate
367 Procedure for amalgamation
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Division 5—Exercise of Commission’s powers
368 Exercise of Commission’s powers under this Part
Schedule 1—Interpretation for purposes of additional operation of Act
Schedule 2—Oath or affirmation of office
Schedule 10—Convention concerning termination of employment at the initiative of the employer
Schedule 12—Convention concerning equal opportunities and equal treatment for men and women workers: workers with family responsibilities
Schedule 14—Parental leave
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Part 1—Preliminary
1 Basic Principles
2 Definitions
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Part 2—Maternity leave
3 Entitlement to maternity leave
4 What maternity leave must the employer grant?
5 Entitlement under clauses 3 and 4 to be reduced by other maternity leave available to employee
6 Taking annual leave or long service leave instead of, or in conjunction with, maternity leave
7 Extension of maternity leave
8 Shortening of maternity leave
9 Effect on maternity leave of failure to complete 12 months continuous service
10 Effect on maternity leave if pregnancy terminates or child dies
11 Effect on maternity leave if mother ceases to be the primary care-giver
12 Return to work after maternity leave
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Part 3—Paternity leave
13 Entitlement to paternity leave
14 Short paternity leave
15 Long paternity leave
16 Entitlement under clause 14 or 15 to be reduced by other paternity leave available to employee
17 Taking annual leave or long service leave instead of, or in conjunction with, paternity leave
18 Extension of long paternity leave
19 Shortening of paternity leave
20 Effect on long paternity leave of failure to complete 12 months continuous service
21 Effect on long paternity leave if pregnancy terminates or child dies
22 Effect on paternity leave of ceasing to be the primary care-giver
23 Return to work after paternity leave
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Part 4—General
24 Employee’s duty if excessive leave granted or if maternity leave and paternity leave overlap
25 Employer to warn replacement employee that employment is only temporary
26 Parental leave and continuity of service
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27 Effect of Schedule on other laws
Notes to the STYLEREF ShortT \* MERGEFORMAT Workplace Relations Act 1996