Workplace Relations Amendment (Compliance with Court and Tribunal Orders) Bill 2003
First Reading
Workplace Relations Amendment (Compliance with Court and Tribunal Orders) Bill 2003
First Reading
Download RTF 2002-2003
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Workplace Relations Amendment (Compliance with Court and Tribunal Orders) Bill 2003
No. , 2003
(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--Amendment of the Workplace Relations Act 1996 3
Part 1--Amendments 3
Part 2--Application of amendment 14
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 (Compliance with Court and Tribunal Orders) Act 2003.
(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.
| 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 | The later of: (a) the start of the 28th day after the day on which this Act receives the
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Royal Assent; and (b) immediately after the commencement of Schedule 1B to the Workplace Relations Act 1996 |
|
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.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Part 1--Amendments 1 Section 210 of Schedule 1B
After "(see Division 2)", insert "or on whom the Federal Court has imposed a pecuniary penalty by order under subsection 306(1) for contravening a provision of Part 3 of Chapter 9 (see Division 3)".
2 At the end of Part 4 of Chapter 7 of Schedule 1B
Add:
This Division imposes certain limitations and requirements on people who hold, or wish to hold, office in an organisation and on whom the Federal Court has imposed a pecuniary penalty by order under subsection 306(1) for contravening a provision of Part 3 of Chapter 9.
Section 224 sets out the basic limitation for a person on whom a pecuniary penalty has been imposed for contravening a provision of Part 3 of Chapter 9. The remaining sections in this Division deal with the ways the rule in section 224 operates and may be modified.
In this Division,
prescribed order, in relation to a person, means an order made by the Federal Court under subsection 306(1) imposing a pecuniary penalty on the person for contravening a provision of Part 3 of Chapter 9.
(1) A certificate purporting to be signed by the registrar or other proper officer of the Federal Court, stating that the Federal Court made an order under subsection 306(1) on a specified day imposing a pecuniary penalty on a person for contravening a provision of Part 3 of Chapter 9 is, for the purpose of an application made under section 224, 225 or 226, evidence that the order was made on that day.
(2) A certificate purporting to be signed by the registrar or other proper officer of the Federal Court, stating that a person was found not to have contravened a provision of Part 3 of Chapter 9 is, for the purpose of an application made under section 224, 225 or 226, evidence of the facts stated in the certificate.
(1) A person in relation to whom a prescribed order has been made is not eligible to be a candidate for an election, or to be elected or appointed, to an office in an organisation unless:
(a) on an application made under section 225 or 226 in relation to the order:
(i) the person was granted leave to hold office in organisations; or
(ii) the person was refused leave to hold office in
Back to Top organisations but, under paragraph 225(2)(b) or 226(2)(b), the Federal Court specified a period for the purposes of this subsection, and the period has elapsed since the day on which the order was made; or
(b) in any other case--a period of 5 years has elapsed since the day on which the order was made.
(2) If the Federal Court makes a prescribed order in relation to a person who holds an office in an organisation, the person ceases to hold the office at the end of the period of 28 days after the day on which the order is made unless, within the period, the person makes an application to the Federal Court under section 225 or 226.
(3) If a person who holds an office in an organisation makes an application to the Federal Court under section 225 or 226 and the application is not determined:
(a) except in a case to which paragraph (b) applies--within the period of 3 months after the date of the application; or
(b) if the Court, on application by the person, has extended the period--within that period as extended;
the person ceases to hold the office at the end of the period of 3 months or the period as extended, as the case may be.
(4) The Court must not, under paragraph (3)(b), extend a period for the purposes of subsection (3) unless:
(a) the application for the extension is made before the end of the period of 3 months referred to in paragraph (3)(a); or
(b) if the Court has previously extended the period under paragraph (3)(b)--the application for the further extension is made before the end of the period as extended.
(5) An organisation, a member of an organisation or the Industrial Registrar may apply to the Federal Court for a declaration whether, because of the operation of this section or section 225 or 226:
(a) a person is not, or was not, eligible to be a candidate for election, or to be elected or appointed, to an office in the organisation; or
(b) a person has ceased to hold an office in the organisation.
(6) The granting to a person, on an application made under section 225 or 226 in relation to a prescribed order, of leave to hold offices in organisations does not affect the operation of this section or section 225 or 226 in relation to another order imposed on the person.
(1) A person who:
(a) wants to be a candidate for election, or to be appointed, to an office in an organisation; and
(b) within the immediately preceding period of 5 years, is a person in relation to whom a prescribed order has been made;
may, subject to subsection (4), apply to the Federal Court for leave to hold office in organisations.
(2) Where a person makes an application under subsection (1), the Court may:
(a) grant the person leave to hold office in organisations; or
(b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 224(1), a period of less than 5 years; or
(c) refuse a person leave to hold office in organisations.
(3) A person who:
(a) holds an office in an organisation; and
(b) is a person in relation to whom a prescribed order has been made; and
(c) on an application made under subsection (1) in relation to the order, is, under paragraph (2)(b) or (c), refused leave to hold office in organisations;
ceases to hold the office in the organisation.
(4) A person is not entitled to make an application under this section in relation to a prescribed order if the person has previously made an application under this section or under section 226 in relation to the order.
(1) If a prescribed order is made in relation to a person who holds an office in an organisation, the person may, subject to subsection (4), within 28 days after the order is made, apply to the Federal Court for leave to hold office in organisations.
(2) If a person makes an application under subsection (1) for leave to hold office in organisations, the Court may:
Back to Top (a) grant the person leave to hold office in organisations; or
(b) refuse the person leave to hold office in organisations and specify, for the purposes of subsection 224(1), a period of less than 5 years; or
(c) refuse the person leave to hold office in organisations.
(3) A person who, on an application made under subsection (1), is, under paragraph (2)(b) or (c), refused leave to hold office in organisations ceases to hold the office concerned.
(4) A person is not entitled to make an application under this section in relation to a prescribed order if the person has previously made an application under this section or section 225 in relation to it.
For the purposes of exercising the power under section 225 or 226 to grant or refuse leave to hold office in organisations to a person in relation to whom a prescribed order has been made, the Federal Court must have regard to:
(a) the nature of the contravention; and
(b) the circumstances of, and the nature of the person's involvement in, the contravention; and
(c) the general character of the person; and
(d) the fitness of the person to be involved in the management of organisations, having regard to the contravention; and
(e) any other matter that, in the Court's opinion, is relevant.
(1) The Federal Court may, in spite of anything in the rules of any organisation concerned, make such order to give effect to a declaration made under subsection 224(5) as it considers appropriate.
(2) If an application is made to the Court under subsection 224(5):
(a) the person whose eligibility, or whose holding of office, is in question must be given an opportunity of being heard by the Court; and
(b) if the application is made otherwise than by the organisation concerned--the organisation must be given an opportunity of being heard by the Court.
(3) Where an application is made to the Court under section 225 or 226, the organisation concerned must be given an opportunity of being heard by the Court.
3 At the end of section 281 of Schedule 1B
Add:
Part 3 sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the Commission.
4 At the end of Chapter 9 of Schedule 1B
Add:
This Part sets out the general duties of officers and employees in relation to orders or directions of the Federal Court or the Commission.
For the purposes of this Part, a person is
involved in a contravention if, and only if, the person has:
(a) aided, abetted, counselled or procured the contravention; or
(b) induced, whether by threats or promises or otherwise, the contravention; or
(c) been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the contravention; or
(d) conspired with others to effect the contravention.
Back to Top In this Part:
(a) a reference to an officer of an organisation includes a reference to an officer of a branch of an organisation; and
(b) a reference to an employee of an organisation includes a reference to an employee of a branch of an organisation.
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an organisation.
(2) An officer or employee of the organisation must not do anything that would cause the organisation to contravene the order or direction, knowing, or reckless as to whether, the doing of the thing would result in the contravention.
Note: This subsection is a civil penalty provision (see section 305).
(3) An officer or employee of the organisation who is involved in a contravention of the order or direction, or of subsection (2), contravenes this subsection.
Note: This subsection is a civil penalty provision (see section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an organisation; and
(d) the order or direction prohibits the organisation from doing something.
(2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.
Note: This subsection is a civil penalty provision (see section 305).
(3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an officer of an organisation.
(2) The officer must not knowingly or recklessly contravene the order or direction.
Note: This subsection is a civil penalty provision (see section 305).
(3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an
Back to Top order or a direction under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an officer of an organisation; and
(d) the order or direction prohibits the officer from doing something.
(2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.
Note: This subsection is a civil penalty provision (see section 305).
(3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an employee of an organisation.
(2) The employee must not knowingly or recklessly contravene the order or direction.
Note: This subsection is a civil penalty provision (see section 305).
(3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to an employee of an organisation; and
(d) the order or direction prohibits the employee from doing something.
(2) An officer or employee of the organisation must not do anything that would contravene the order or direction if the order or direction had applied to him or her, knowing, or reckless as to whether, the doing of the thing would result in such a contravention.
Note: This subsection is a civil penalty provision (see section 305).
(3) An officer or employee of the organisation who is involved in a contravention of subsection (2) contravenes this subsection.
Note: This subsection is a civil penalty provision (see section 305).
(1) This section applies if:
(a) the Federal Court or the Commission has made an order or a direction under this Schedule or the Workplace Relations Act; and
(b) the order or direction is in force; and
(c) the order or direction applies to a member of an organisation.
(2) An officer or employee of the organisation who is involved in a contravention of the order or direction contravenes this subsection.
Note: This subsection is a civil penalty provision (see section 305).
5 After paragraph 305(2)(zj) of Schedule 1B
Insert:
(zk) subsections 297(2) and (3), 298(2) and (3), 299(2) and (3), 300(2) and (3), 301(2) and (3), 302(2) and (3), and 303(2) (officers' duties);
6 After subsection 307(1) of Schedule 1B
Back to Top Insert:
Compensation for damage suffered--contravention of Part 3 of Chapter 9
(1A) The Federal Court may order a person to compensate an organisation for damage suffered by the organisation if:
(a) the person has contravened a civil penalty provision in Part 3 of Chapter 9 in relation to the organisation; and
(b) the Court is satisfied that the organisation took reasonable steps to prevent the contravention of the provision; and
(c) the damage resulted from the contravention.
The order must specify the amount of the compensation.
Note: The heading to subsection 307(1) of Schedule 1B to the Workplace Relations Act 1996 is replaced by the heading "Compensation for damage suffered--contravention of Part 2 of Chapter 9".
7 At the end of subsection 310(1) of Schedule 1B
Add "(other than an order in relation to a contravention of a provision covered by paragraph 305(2)(zk))".
8 After subsection 310(1) of Schedule 1B
Insert:
Application by Minister
(2) The Minister, or some other person authorised in writing by the Minister under this subsection to make the application, may apply for an order under this Part in relation to a contravention of a provision covered by paragraph 305(2)(zk).
Part 2--Application of amendment
9 Orders and directions of the Federal Court or Commission
Division 2 of Part 3 of Chapter 9 of Schedule 1B to the Workplace Relations Act 1996, added by item 4 of Schedule 1 to this Act, applies in relation to:
(a) orders and directions made by the Federal Court or the Commission before, on or after the commencement of Schedule 1 to this Act; and
(b) acts done or omissions made on or after that commencement.