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A Bill for an Act to amend the Workplace Relations Act 1996, and for related purposes
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Introduced Senate 17 Nov 2004

Workplace Relations Amendment (Agreement Validation) Bill 2004
First Reading

Workplace Relations Amendment (Agreement Validation) Bill 2004
First Reading

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2004

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Workplace Relations Amendment (Agreement Validation) Bill 2004

No. , 2004

(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) 1

Schedule 1--Amendment of the 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 (Agreement Validation) Act 2004.

2 Commencement
        This Act commences on the day on which it receives the Royal Assent.

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        Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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--Amendment of the Workplace Relations Act 1996

1 After Division 10 of Part VIB

Insert:

Division 10A--Validation of certain agreements and variations of agreements made before 2 September 2004

170NHA Validation etc. of certain agreements
        If:

       (a) application was purportedly made to the Commission to certify an agreement under Division 2 (including that Division as applied by subsection 5AA(2) or (3) or subsection 494(2)) or Division 3; and

       (b) the Commission purported to certify the agreement on or before 2 September 2004 under Division 4 (including that Division as so applied); and

       (c) the agreement, as purportedly certified, deals with one or more matters that are not permitted matters; and

       (d) the application and certification were (but for this section) invalid because the agreement deals with matters that are not permitted matters, and for no other reason;

then, to the extent only that the agreement deals with permitted matters, the fact that the agreement deals with matters that are not permitted matters is taken for all purposes not to affect, and never to have affected, the validity of the application or certification.

170NHB Validation etc. of variations of certain agreements
        If:

       (a) an agreement (including an agreement to which section 170NHA applies) was purportedly varied under Division 7

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(including that Division as applied by subsection 5AA(2) or (3) or subsection 494(2)); and

       (b) the Commission, by order under Division 7 (including that Division as so applied), purportedly approved the variation on or before 2 September 2004; and

       (c) the variation, as purportedly approved, deals with one or more matters that are not permitted matters; and

       (d) the variation and approval were (but for this section) invalid because the variation deals with matters that are not permitted matters, and for no other reason;

then, to the extent only that the variation deals with permitted matters, the fact that the variation deals with matters that are not permitted matters is taken for all purposes not to affect, and never to have affected, the validity of the variation or the approval.

170NHC Definitions of permitted matter
Division 2 agreements and variations

       (1) For the purposes of this Division, a matter is a permitted matter in relation to:

       (a) an agreement purportedly made under Division 2 (including that Division as applied by subsection 5AA(2) or (3) or subsection 494(2)); or

       (b) a purported variation under Division 7 of such an agreement (including an agreement to which section 170NHA applies);

if the matter pertains to the relationship between:

       (c) an employer; and

       (d) all persons who, at any time when the agreement is in operation, are employed in a single business, or a part of a single business, of the employer and whose employment is subject to the agreement.

Division 3 agreements and variations

       (2) For the purposes of this Division, a matter is a permitted matter in relation to:

       (a) an agreement purportedly made under section 170LO; or

       (b) a purported variation under Division 7 of an agreement made under section 170LO (including an agreement to which section 170NHA applies);

if the matter is a term of the agreement or variation for:

       (c) settling or further settling all or any of the matters that are in dispute; or

       (d) maintaining a settlement of all or any of the matters that were in dispute, whether the settlement was made by an award, a certified agreement or otherwise; or

       (e) preventing further industrial disputes between the parties to the agreement.

       (3) For the purposes of this Division, a matter is a permitted matter in relation to:

       (a) an agreement purportedly made under section 170LP; or

       (b) a purported variation under Division 7 of an agreement made under section 170LP (including an agreement to which section 170NHA applies);

if the matter is a term of the agreement or variation for preventing the industrial situation to which the parties to the agreement are parties from giving rise to an industrial dispute involving them.

2 After Division 8 of Part VID

Insert:

Division 8A--Validation of certain AWAs and variation agreements made before 2 September 2004

170WEA Validation etc. of certain AWAs
        If:

       (a) an AWA was purportedly filed with the Employment Advocate under Division 4 (including that Division as applied by subsection 495(2)); and

       (b) the Employment Advocate or the Commission purportedly approved the AWA on or before 2 September 2004 under Division 5 (including that Division as so applied); and

       (c) the AWA, as purportedly filed and approved, deals with one or more matters that do not pertain to the relationship between an employer and an employee; and

       (d) the filing and approval of the AWA were (but for this section) invalid because the AWA deals with matters that do not pertain to that relationship, and for no other reason;

then, to the extent only that the AWA deals with matters pertaining to that relationship, the fact that the AWA deals with matters that do not pertain to that relationship is taken for all purposes not to affect, and never to have affected, the validity of the filing or approval of the AWA.

170WEB Validation etc. of certain variation agreements
        If:

       (a) a variation agreement was purportedly filed with the Employment Advocate under Division 4 (including that Division as applied by subsection 495(2)); and

       (b) the Employment Advocate or the Commission purportedly approved the variation agreement on or before 2 September 2004 under Division 5 (including that Division as so applied); and

       (c) the variation agreement, as purportedly filed and approved, deals with one or more matters that do not pertain to the relationship between an employer and an employee; and

       (d) the filing and approval of the variation agreement were (but for this section) invalid because the variation agreement deals with matters that do not pertain to that relationship, and for no other reason;

then, to the extent only that the variation agreement deals with matters pertaining to that relationship, the fact that the variation agreement deals with matters that do not pertain to that relationship is taken for all purposes not to affect, and never to have affected, the validity of the filing or approval of the variation agreement.