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Act No. 158 of 1994 as made
An Act to amend the law about industrial relations, and for other purposes
Administered by: Employment
Date of Assent 15 Dec 1994
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158, 1994

Making Information
- Assented to 15 December 1994

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994
- TABLE OF PROVISIONS

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Schedules
SCHEDULE 1
AMENDMENTS RELATING TO THE COAL INDUSTRY
PART 1 - COMMENCEMENT PROVISIONS AND OBJECT OF SCHEDULE
PART 2 - ARRANGEMENTS FOR THE PREVENTION AND SETTLEMENT OF
DISPUTES IN THE COAL MINING INDUSTRY
Division 1 - Amendments of the Coal Industry Act 1946
Division 2 - Amendments of the Industrial Relations Act 1988
Division 3 - Amendments of the Industrial Relations
(Consequential Provisions) Act 1988
Division 4 - Saving and transitional
SCHEDULE 2
AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1990
SCHEDULE 3
AMENDMENTS OF THE NATIONAL OCCUPATIONAL HEALTH AND
SAFETY COMMISSION ACT 1985

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - LONG TITLE

An Act to amend the law about industrial relations, and for
other purposes

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - SECT 1
Short title

1. This Act may be cited as the Industrial Relations Legislation Amendment Act (No. 2) 1994.


(Minister's second reading speech made in -
House of Representatives on 10 November 1994
Senate on 8 December 1994)

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - SECT 2
Commencement

2.(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.


(2) The provisions of Schedule 1 commence as set out in item 1 of that Schedule.

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - SECT 3
Schedules

3. The Acts specified in the Schedules are amended in accordance with the applicable items in the Schedules, and the other items in the Schedules have effect according to their terms.

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - SCHEDULE 1

SCHEDULE 1 Section 3
AMENDMENTS RELATING TO THE COAL INDUSTRY
PART 1 - COMMENCEMENT PROVISIONS AND OBJECT OF SCHEDULE
1. Commencement
(1) This Part of this Schedule commences on the day on which this
Act receives the Royal Assent.
(2) The provisions of Part 2 of this Schedule commence on a day or
days to be fixed by Proclamation.
(3) The Governor-General must not make a Proclamation fixing a day
for the commencement of a provision of Part 2 of this Schedule unless
the Governor of New South Wales has consented in writing to the
provision coming into operation.
2. Object of Schedule
The object of this Schedule is to reform the arrangements for the
prevention and settlement of disputes in the coal mining industry.
PART 2 - ARRANGEMENTS FOR THE PREVENTION AND SETTLEMENT OF DISPUTES
IN THE COAL MINING INDUSTRY
Division 1 - Amendments of the Coal Industry Act 1946
3. Section 4 (definitions of "industrial dispute", "industrial
matters", "organization", "the Commission", "the Commissioner" and
"the Tribunal"):
Omit the definitions.
4. Part 5:
Repeal the Part.
5. Clause 3 of the Schedule:
Omit the clause.
Division 2 - Amendments of the Industrial Relations Act 1988

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6. Subsection 4(1):
Insert:
"'coal mining industry' includes the shale mining industry;".
7. Subsection 5(3):
Add at the end:
(f) matters pertaining to the relationship between employers in the
coal mining industry and their employees, so far as those matters
relate to the terms and conditions of employment of employees engaged
in, or in activities incidental to, the mining of coal for the
purposes of trade or commerce:
(i) between Australia and a place outside Australia; or
(ii) between the States; or
(iii) within a Territory, between a State and a Territory or
between 2 Territories.".
8. Section 5:
Add at the end:
"(6) If a law of New South Wales or Queensland (the 'relevant State
law') provides that the provisions of this Act apply (with or without
any modifications) as a law of that State for the purpose of enabling
the Commission to perform functions or exercise powers with respect
to matters pertaining to the relationship between employers in the
coal mining industry in that State and their employees:
(a) nothing in this Act or in Division 4 of Part 2 of Schedule 1 to
the Industrial Relations Legislation Amendment Act (No. 2) 1994
affects the operation of the relevant State law; and
(b) the Commission may perform those functions or exercise those
powers; and
(c) if a law of that State requires that, in the performance of
those functions or the exercise of those powers by a full bench, the
President is to ensure, if it is practicable to do so, that at least
one member of the full bench is a member who also holds office as a
member of the Industrial Relations Commission of that State, the
President must comply with the requirement despite any other
provision of this Act.".
9. After section 92:
Insert:
Commission to have regard to relevant decisions of Coal Industry
Tribunal
"92A. Subject to this Act, the Commission, in performing its
functions in relation to the coal mining industry, is to have regard
to any decisions of the Coal Industry Tribunal that are relevant to
the matters before the Commission.".
10. Division 2A of Part IV:
Repeal the Division.
11. Section 156 (subparagraph (b)(i) of the definition of "boycott
dispute"):
Omit "or under an award or order of the Coal Industry Tribunal
established under the Coal Industry Act 1946".
12. Subsection 163B(2):
Omit the subsection.
Division 3 - Amendments of the Industrial Relations (Consequential
Provisions) Act 1988
13. Section 88:
Repeal the section.
Division 4 - Saving and transitional
14. Interpretation
(1) In this Division:
"Coal Industry Act" means the Coal Industry Act 1946;
"foreign corporation" means a foreign corporation within the
meaning of paragraph 51(xx) of the Constitution;
"Industrial Relations Act" means the Industrial Relations Act 1988;
"matter" includes an industrial dispute;
"trading corporation" means a trading corporation, within the
meaning of paragraph 51(xx) of the Constitution, formed within the
limits of the Commonwealth;
"Tribunal" means the Coal Industry Tribunal.
(2) Subject to subitem (1), unless the contrary intention appears,
expressions used in this Division have the same meanings as in the
Industrial Relations Act.
(3) For the purposes of this Division, a matter is taken to have
been pending before an authority, body or person at a particular time
if at that time the authority, body or person had been notified of
the matter but had not begun to perform functions or exercise powers
in relation to the matter or had begun to perform functions or
exercise powers in relation to the matter but had not completed the
performance of those functions or the exercise of those powers in
relation to the matter.
15. Existing awards, orders, decisions and agreements made under Coal
Industry Act
(1) A reference in this item to an instrument is a reference to:

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(a) an award or order made by the Tribunal; or
(b) a decision given by a Local Coal Authority; or
(c) an agreement made at a hearing before the Tribunal or a Local
Coal Authority; or
(d) an agreement made under a provision of an award made by the
Tribunal;
that had effect as mentioned in subsection 36(1) or (2) of the Coal
Industry Act immediately before the commencement of this item.
(2) On and after the commencement of this item, an instrument, to
the extent to which it was made under the powers and functions vested
by subsection 32(2) of the Coal Industry Act, has effect as, and is
taken to be, an award made by the Commission under the Industrial
Relations Act.
(3) Subject to subitem (4), on and after the commencement of this
item, an instrument, to the extent to which it relates to matters
pertaining to the relationship between employers in the coal mining
industry that are trading corporations, or foreign corporations, and
their employees, has effect as, and is taken to be, an award made by
the Commission under the Industrial Relations Act.
(4) Subitem (3) does not apply if there is a law of New South Wales
that contains a provision to the effect that an instrument, to the
extent to which it relates to matters pertaining to the relationship
between employers in the coal mining industry in that State and their
employees, has effect as, and is taken to be, an award made by the
Commission.
(5) Without limiting any effect that subitem (3) has apart from
this subitem, that subitem also has the effect that it would have if
the reference in that subitem to employees of trading corporations
were confined, by express provision, to employees employed for the
purposes of the trading activities of their employers.
(6) If an instrument to which subitem (2) or subitem (3) (including
subitem (3) as it has effect by subitem (5)) applies contains a
reference to the Tribunal or to a Local Coal Authority, that
reference is taken (except in relation to matters that occurred
before the commencement of this item) to be a reference to the
Commission.
(7) If a determination was made or any other thing was done before
the commencement of this item by the Tribunal or a Local Coal
Authority under an instrument to which subitem (2) or subitem (3)
(including subitem (3) as it has effect by subitem (5)) applies, the
determination or other thing has effect on and after that
commencement as if it had been made or done by the Commission.
(8) If:
(a) a law of New South Wales formerly provided that the provisions
of the Coal Industry Act applied (with or without any modifications)
as a law of that State for the purpose of enabling the Tribunal or a
Local Coal Authority to perform functions or exercise powers in
relation to matters pertaining to the relationship between employers
in the coal mining industry in that State and their employees; and
(b) a law of New South Wales provides that the provisions of the
Industrial Relations Act apply (with or without any modifications) as
a law of that State for the purpose of enabling the Commission to
perform functions or exercise powers in relation to matters
pertaining to the relationship between employers in the coal mining
industry in that State and their employees;
then, nothing in this Division affects the operation of any law of
New South Wales that contains a provision of a kind mentioned in any
of the following paragraphs:
(c) a provision to the effect that an instrument, to the extent to
which it was made under functions or powers referred to in paragraph
(a), has effect as, and is taken to be, an award made by the
Commission under the provisions of the Industrial Relations Act as
applying as mentioned in paragraph (b);
(d) a provision to the effect that a reference in an instrument
referred to in paragraph (c) to the Tribunal or a Local Coal
Authority is taken (except in relation to matters that occurred
before the commencement of this item) to be a reference to the
Commission;
(e) a provision to the effect that a determination made or other
thing done under such an instrument before the commencement of this
item by the Tribunal or a Local Coal Authority has effect on and
after that commencement as if it had been made or done by the
Commission.
16. Existing determinations by boards of reference
(1) A reference in this item to a determination is a reference to a
determination made, decision given or other instrument issued by a
board of reference established under the Coal Industry Act that had
effect immediately before the commencement of this item.
(2) On and after the commencement of this item, a determination, to
the extent to which it was made under the powers and functions vested

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by subsection 32(2) of the Coal Industry Act, has effect as, and is
taken to be, a determination made by the board of reference under an
appointment made, and in the performance of functions assigned to it,
by the Commission under section 131 of the Industrial Relations Act.
(3) On and after the commencement of this item, a determination, to
the extent to which it relates to matters pertaining to the
relationship between employers in the coal mining industry that are
trading corporations, or foreign corporations, and their employees,
has effect as, and is taken to be, a determination made by the board
of reference under an appointment made, and in the performance of
functions assigned to it, by the Commission under section 131 of the
Industrial Relations Act.
(4) Subitem (3) does not apply if there is a law of New South Wales
that contains a provision to the effect that a determination, to the
extent to which it relates to matters pertaining to the relationship
between employers in the coal mining industry in that State and their
employees, has effect as, and is taken to be, a determination made by
the Board of Reference under an appointment made, and in the
performance of functions assigned to it, by the Commission under
section 131 of the Industrial Relations Act.
(5) Without limiting any effect that subitem (3) has apart from
this subitem, that subitem also has the effect that it would have if
the reference in that subitem to employees of trading corporations
were confined, by express provision, to employees employed for the
purposes of the trading activities of their employers.
(6) If any thing was done before the commencement of this item by a
board of reference under a determination to which subitem (2) or
subitem (3) (including subitem (3) as it has effect by subitem (5))
applies, that thing has effect on and after that commencement as if
it had been done by that board of reference under an appointment
made, and in the performance of functions assigned to it, by the
Commission under section 131 of the Industrial Relations Act.
(7) If:
(a) a law of New South Wales formerly provided that the provisions
of the Coal Industry Act applied (with or without any modifications)
as a law of that State for the purpose of enabling the Tribunal or a
Local Coal Authority to perform functions or exercise powers in
relation to matters pertaining to the relationship between employers
in the coal mining industry in that State and their employees; and
(b) a law of New South Wales provides that the provisions of the
Industrial Relations Act apply (with or without any modifications) as
a law of that State for the purpose of enabling the Commission to
perform functions or exercise powers in relation to matters
pertaining to the relationship between employers in the coal mining
industry in that State and their employees;
then, nothing in this Division affects the operation of any law of
New South Wales that contains a provision to the effect that a
determination, to the extent to which it was made under functions or
powers referred to in paragraph (a), has effect as, and is taken to
be, a determination made by a board of reference under an appointment
made, and in the performance of functions assigned to it, by the
Commission under section 131 of the Industrial Relations Act as
applying as mentioned in paragraph (b).
17. Matters pending before the Coal Industry Tribunal or a
Local Coal Authority
(1) If, immediately before the commencement of this item, a matter
was pending before the Tribunal or a Local Coal Authority, subitem
(6) applies to the matter in accordance with this item.
(2) Subitem (6) applies to the extent to which:
(a) the matter was notified to the Tribunal or Authority for the
purpose of the performance or exercise by the Tribunal or Authority
of; or
(b) the Tribunal or Authority was performing or exercising;
functions or powers in relation to the matter under subsection 32(2)
of the Coal Industry Act.
(3) Subitem (6) also applies to the extent to which the matter
relates to the relationship between employers in the coal mining
industry that are trading corporations, or foreign corporations, and
their employees.
(4) Subitem (3) does not apply if there is a law of New South Wales
that contains a provision to the effect that a matter that was
pending before the Tribunal or a Local Coal Authority immediately
before the commencement of this item, to the extent to which it
relates to matters pertaining to the relationship between employers
in the coal mining industry in that State and their employees, is
taken to be a matter before the Commission and that the Commission
may deal with the matter as if it had been before the Commission
since it arose.
(5) Without limiting any effect that subitem (3) has apart from
this subitem, that subitem also has the effect that it would have if

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the reference in that subitem to employees of trading corporations
were confined, by express provision, to employees employed for the
purposes of the trading activities of their employers.
(6) A matter to which this subitem applies is taken to be a matter
before the Commission and the Commission may deal with the matter as
if it had been before the Commission since it arose.
(7) For the purpose of dealing with a matter under subitem (6), the
Commission may have regard to any evidence given, or arguments put,
in the proceedings relating to the matter before the Tribunal or
Local Coal Authority and to any decision, recommendation,
determination or report made by the Tribunal or Authority in relation
to the matter.
(8) If:
(a) a law of New South Wales provides that the provisions of the
Industrial Relations Act apply (with or without any modifications) as
a law of that State for the purpose of enabling the Commission to
perform functions or exercise powers in relation to matters
pertaining to the relationship between employers in the coal mining
industry in that State and their employees; and
(b) a law of New South Wales also contains a provision of a kind
mentioned in either of the following subparagraphs:
(i) a provision to the effect that a matter referred to in
paragraph (a) that was pending before the Tribunal or a Local Coal
Authority immediately before the commencement of this item is taken
to be a matter before the Commission under the provisions of the
Industrial Relations Act as applying as mentioned in paragraph (a)
and that the Commission may deal with the matter as if it had been
before the Commission since it arose; and
(ii) a provision to the effect that, for the purpose of dealing
with a matter under subparagraph (i), the Commission may have regard
to any evidence given, or arguments put, in the proceedings relating
to the matter before the Tribunal or Local Coal Authority and to any
decision, recommendation, determination or report made by the
Tribunal or Authority in relation to the matter;
nothing in this Part affects the operation of the provisions referred
to in paragraph (b).
18. Matters pending before a board of reference
Despite the amendments made by this Part, if, immediately before the
commencement of this item, a matter was pending before a board of
reference established under the Coal Industry Act, the board of
reference may deal, or continue to deal, with the matter as if the
board of reference had been appointed, and assigned its functions, by
the Commission under section 131 of the Industrial Relations Act.
19. Regulations
The Governor-General may make regulations prescribing matters
necessary or convenient to be prescribed for carrying out or giving
effect to this Division.

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - SCHEDULE 2

SCHEDULE 2 Section 3
AMENDMENTS OF THE REMUNERATION AND ALLOWANCES ACT 1990
1. After section 3:
Insert:
Operation of Remuneration Tribunal Determination
"3A. Determination No. 12 of 1994 of the Remuneration Tribunal, dated
30 June 1994, does not operate on or after the date of commencement
of this section.".
2. Schedule 3:
Omit subclauses (2) to (8), substitute:
"(2) The Members of Parliament annual salary is equal to the
minimum SES Band 2 annual salary.
"(3) In this clause:
'minimum SES Band 2 annual salary' means the minimum annual rate of
salary payable to the holders of offices in the Senior Executive
Service of the Australian Public Service having a classification of
Band 2.".
3. Schedule 4, clause 4:
Omit the clause, substitute:
"4. Whenever the annual rate of salary payable to Senators and
Members of the House of Representatives is, after the commencement of
this section, increased under Schedule 3 because of an increase in
the minimum SES Band 2 annual salary as defined in that Schedule, the
rate per annum of additional salary payable to the holders of offices
specified in clause 3 is increased by the same proportion.".

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 158 of 1994 - SCHEDULE 3

SCHEDULE 3 Section 3
AMENDMENTS OF THE NATIONAL OCCUPATIONAL HEALTH AND SAFETY
COMMISSION ACT 1985
1. Paragraphs 10(1)(a), (aa), (b), (c), (d) and (e):
Add at the end "and".
2. Paragraphs 10(1)(f) and (g):
Omit, substitute:
"(f) one member nominated by the Minister for Human Services and
Health.".
3. After section 19:
Insert:
Special rules for Commission decisions affecting bodies and people
who nominate Commission members
19A.(1) This section applies where:
(a) a body that nominates a member of the Commission under
paragraph 10(1)(b) or (c); or
(b) a State; or
(c) a Minister who nominates a member of the Commission under
paragraph 10(1)(e) or (f);
has a direct or indirect pecuniary interest in a matter being
considered by the Commission.
(2) A Minister is not taken to have a direct or indirect pecuniary
interest in a matter merely because the Commonwealth has or may have
such an interest.
(3) The member or members nominated by that body, by the Premier of
that State or by that Minister must not:
(a) be present during any deliberation of the Commission about the
matter; or
(b) take part in any decision of the Commission about the matter.
(4) Where a member affected by subsection (3) was nominated under
paragraph 10(1)(b) or (c), then, for the purposes of the Commission's
deliberation and decision:
(a) paragraphs 19(4) and 19(5) do not apply; and
(b) the quorum is constituted by three-quarters of the number of
members who are not affected by subsection (3); and
(c) questions arising in relation to the matter are to be decided
by an affirmative vote of at least three-quarters of the number of
members who are not affected by subsection (3).".