Workplace Relations Amendment (Unfair Dismissal - Lower Costs, Simpler Procedures) Bill 2002
First Reading
Workplace Relations Amendment (Unfair Dismissal - Lower Costs, Simpler Procedures) Bill 2002
First Reading
Download RTF 2002
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Workplace Relations Amendment (Unfair Dismissal - Lower Costs, Simpler Procedures) Bill 2002
(Mr Crean)
A Bill for an Act to amend the Workplace Relations Act 1996 and for related purposes
Contents
A Bill for an Act to amend the Workplace Relations Act 1996 and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Workplace Relations Amendment (Unfair Dismissal - Lower Costs, Simpler Procedures) Bill 2002.
This Act commences on the day on which it receives the Royal Assent.
1 Subsection 42(3)
Before "A party (including an employing authority) "insert "Subject to subsection (3A).
2 After subsection 42(3)
Insert
(3A) The Commission must not grant leave under subsection (3) in a conciliation under Subdivision B of Division 3 of Part VIA of this Act unless it is satisfied that it would assist the just and expeditious resolution of the proceeding, having regard to:
(a) the complexity of the proceeding;
(b) the capacity of another party to the proceeding to secure representation;
(c) the likely cost of such representation; and
(d) any other matter the Commission considers relevant.
(3B) A party may not be represented by an agent in a proceeding under Subdivision B of Division 3 of Part VIA of this Act unless:
(a) the agent is a registered industrial agent within meaning of section 42A of this Act; or
(b) the agent is not a registered industrial agent within the meaning of section 42A of this Act but is a member, officer or employee of an organisation registered under this Act; or
(c) the agent is not a registered industrial agent within the meaning of section 42A of this Act but the Commission is satisfied that the agent is not acting for reward.
3 After section 42
Insert
(1) In this Act:
registered industrial agent means a person who is registered as an industrial agent in the register of industrial agents referred to in subsection (2).
(2) The Industrial Registrar must create and maintain a register of industrial agents in accordance with the regulations.
(3) The regulations must prescribe:
(a) the manner in which the Industrial Registrar must create and maintain the register of industrial agents;
(b) the conditions, including qualifications and experience, an applicant must meet for registration;
(c) a code of conduct with which registered industrial agents must comply;
(d) the manner in which the Industrial Registrar may remove or suspend a person from the register of industrial agents.
4 Section 98
Add
(2) The regulations may prescribe an indicative time-frame for the progress and resolution of a proceeding under Subdivision B of Division 3 of Part VIA of this Act.
5 After section 170 CA
Insert
(1) The Minister, in consultation with the relevant Minister of each State and Territory, must publish information, which may include practical examples, to assist employers and employees to comply with this Part.
(2) After publishing information under subsection (1), the Minister must promote the publication in workplaces and make it readily available free of charge.
6 After subsection 170 CE (1)
Insert
(1A) The Commission must not accept an application seeking relief on the ground that the termination was harsh, unjust or unreasonable if the applicant seeks only financial compensation unless the applicant satisfies the Commission that exceptional circumstances exist for not seeking a restoration of the employment relationship.
(1B) Before rejecting an application under subsection (1A) the Commission must give the applicant a reasonable opportunity to be heard. The party named as respondent need not be present at any such hearing.
Note: `Reasonable opportunity' includes providing such assistance to the applicant as may be necessary to overcome any language difficulties that may confront the applicant.
7 Subsection 170CE(3)
Omit the subsection, substitute:
(3) If:
(a) an employee's employment has been terminated by the employer; or
(b) more than one employees' employment has been terminated by the employer at the same time or for related reasons; and
a trade union's rules entitle it to represent the industrial interests of the employee or employees the union may, on behalf of the employee or employees, apply to the Commission for relief:
(c) on the ground that the termination was harsh, unjust or unreasonable; or
(d) on the ground of an alleged contravention of section 170CK, 170CL, 170CM or 170CN; or
(e) on any combination of grounds in paragraph (b) or on a ground or grounds in paragraph (b) and the ground in paragraph (a).
8 After subsection 170 CF (1)
Insert
(1A) The Commission may, on the application of a party or of its own motion, conduct a conciliation conference by telephone or other electronic medium, subject to such conditions as it considers appropriate.
(1B) In determining whether to conduct a conciliation conference by telephone or other electronic medium, the Commission must consider:
(a) whether it is impractical or inconvenient for a party to attend a conciliation conference in person for reasons including cost, distance, physical or other disability, the nature of the relationship between the parties, or the nature of the party's business or employment commitments; and
(b) whether the party applying to appear by telephone or other electronic medium has made reasonable attempts to obtain the consent of all other parties to the matter; and
(c) any other matter the Commission considers relevant.
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