Workplace Relations Amendment (Improved Remedies for Unprotected Action) Bill 2002
First Reading

Workplace Relations Amendment (Improved Remedies for Unprotected Action) Bill 2002
First Reading

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2002

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Workplace Relations Amendment (Improved Remedies for Unprotected Action) Bill 2002

No. , 2002

(Employment and Workplace Relations)

A Bill for an Act to amend the Workplace Relations Act 1996, and for related purposes

Contents

1       Short title 1

2       Commencement 1

3       Schedule(s) 2

Schedule 1--Improved remedies for unprotected action       3

Workplace Relations Act 1996       3

A Bill for an Act to amend the Workplace Relations Act 1996, and for related purposes

The Parliament of Australia enacts:

1 Short title

        This Act may be cited as the Workplace Relations Amendment (Improved Remedies for Unprotected Action) Act 2002.

2 Commencement

       (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

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Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent
2. Schedule 1	A single day to be fixed by Proclamation, subject to subsection (3)

Note:       This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

       (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

       (3) If a provision covered by item 2 of the table does not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3 Schedule(s)

        Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Improved remedies for unprotected action

Workplace Relations Act 1996

1 Subsection 127(3)

Repeal the subsection, substitute:

       (3) The Commission must, as far as practicable, hear and determine an application for an order under subsection (1) within 48 hours.

       (3A) The Commission may make an interim order directing that industrial action stop or not occur if:

       (a) an application for an order has been made under subsection (1) in respect of the industrial action; and

       (b) the Commission:

       (i) is satisfied that the industrial action is not, or would not be, protected action; or

       (ii) has not formed a view in that regard; and

       (c) the Commission is satisfied:

       (i) that it will be unable to determine the application within 48 hours of the making of the application; or

       (ii) that the industrial action has not commenced, but is likely to commence not later than 48 hours after the making of the application, and that it will be unable to determine the application before the industrial action commences.

       (3B) An interim order ceases to have effect if the application is determined.

       (3C) In considering whether or not to make an interim order under subsection (3A), the Commission must have regard to, but is not limited by, the following:

       (a) the damage to industry that will be caused by the industrial action;

       (b) the time that will be needed to determine the application;

       (c) whether the industrial action has escalated since the application was made;

       (d) whether the industrial action forms part of a sequence of related industrial action that the Commission is satisfied is not, or may not be, protected action;

       (e) if the industrial action has not commenced--the time when it is likely to commence;

       (f) whether notice of the industrial action required to be given by or under this Act has been given.

       (3D) In considering whether to make an order under subsection (1) or an interim order under subsection (3A), the Commission must have regard to:

       (a) whether a person or organisation engaging in the industrial action is a person whose employment is subject to, or is an organisation that is bound by, a certified agreement that has not yet reached its nominal expiry date; and

       (b) the undesirability of the occurrence of industrial action that is not protected action.

Note 1:       Section 170MN prohibits industrial action by a person whose employment is subject to a certified agreement, or an organisation that is bound by a certified agreement, before the agreement reaches its nominal expiry date, and provides that any such action is not protected action.

Note 2:       Industrial action that is not protected action may also be a breach of contract or may be a common law tort.

2 Subsection 127(4)

Omit "subsection (1)", insert "subsections (1) and (3A)".

3 Subsection 127(5)

After "subsection (1)", insert "or (3A)".

4 After subsection 127(5)

Insert:

       (5A) An order under subsection (1) or (3A) does not apply to protected action.

5 Subsection 127(6)

After "subsection (1)", insert "or (3A)".

6 At the end of section 127

Add:

       (8) In this section:

protected action means industrial action that is protected action for the purposes of Division 8 of Part VIB.

7 Subsection 170MT(1)

Repeal the subsection.

8 At the end of section 170MT

Add:

Note:       Subsection 127(5A) provides that an order under subsection 127(1) or 3(A) directing that industrial action stop or not occur does not apply to protected action.