National Workplace Relations Consultative Council Act 2002

Act No. 65 of 1977 as amended

This compilation was prepared on 14 January 2003
taking into account amendments up to Act No. 127 of 2002

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra

Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Definitions.......................................................................................... 1

4............ National Workplace Relations Consultative Council........................... 1

5............ Purpose of Council............................................................................. 1

6............ Membership of Council...................................................................... 2

7............ Resignation of members...................................................................... 3

8............ Termination of appointment of members............................................. 3

9............ Travelling allowance for members...................................................... 3

10.......... Substitute members............................................................................. 4

10A....... Invited representatives......................................................................... 4

11.......... Meetings of Council............................................................................ 4

12.......... Committees......................................................................................... 5

13.......... Regulations......................................................................................... 5

Notes                                                                                                                                               7

An Act to establish a National Workplace Relations Consultative Council

1  Short title [see Note 1]

                   This Act may be cited as the National Workplace Relations Consultative Council Act 2002.

2  Commencement [see Note 1]

                   This Act shall come into operation on the day on which it receives the Royal Assent.

3  Definitions

                   In this Act, unless the contrary intention appears:

appointed member means a member appointed by the Minister under subsection 6(2).

Council means the National Workplace Relations Consultative Council established by this Act.

member means a member of the Council.

4  National Workplace Relations Consultative Council

                   There is established by this Act a council by the name of the National Workplace Relations Consultative Council.

5  Purpose of Council

             (1)  The purpose of the Council is to provide, in the public interest, a regular and organized means by which representatives of the Government of the Commonwealth, of employers and of employees, and, when the Minister considers it appropriate, representatives of other persons, bodies and organisations may consult together on workplace relations matters of national concern.

             (2)  It is the intention of this Act that:

                     (a)  meetings of the Council shall be conducted on a non‑political basis;

                     (b)  the Council will not interfere with the proper performance of the functions of industrial tribunals; and

                     (c)  subject to the rights of persons participating in meetings of the Council to report to the persons, bodies and organisations by which they are nominated and to the right of the Council to make announcements that those persons agree are in the public interest, the views expressed at those meetings will be kept confidential.

6  Membership of Council

             (1)  The Council is to consist of these 15 members:

                     (a)  the Minister, who is to be the Chairperson of the Council;

                     (b)  7 members nominated by the Australian Council of Trade Unions;

                     (c)  3 members nominated by the Australian Chamber of Commerce and Industry;

                     (d)  one member nominated by the Business Council of Australia;

                     (e)  one member nominated by the Australian Industry Group;

                      (f)  one member nominated by the National Farmers’ Federation;

                     (g)  one member nominated by Master Builders Australia.

          (1A)  If the Minister is satisfied that an organisation referred to in a paragraph of subsection (1) (including a paragraph as previously amended under this subsection or subsection (1B)):

                     (a)  has changed its name; or

                     (b)  has merged with another organisation; or

                     (c)  has been succeeded by another organisation;

the Governor‑General may make regulations amending that paragraph of subsection (1) so that the paragraph refers to the organisation under its new name, to the merged organisation, or to the successor organisation, as the case requires.

          (1B)  If the Minister is satisfied that:

                     (a)  an organisation referred to in a paragraph of subsection (1) (including a paragraph as previously amended under this subsection or subsection (1A)) has ceased to exist and has not merged with, or been succeeded by, another organisation; and

                     (b)  there is another organisation that performs a broadly similar role;

the Governor‑General may make regulations amending that paragraph of subsection (1) so that the paragraph refers to that other organisation.

          (1C)  Before deciding that he or she is satisfied for the purposes of subsection (1B), the Minister must consult the members of the Council.

Note:          This subsection is not intended to limit by implication the matters the Minister may take into account for the purposes of subsection (1A) or (1B).

             (2)  The Minister appoints the other members of the Council.

             (3)  Subject to this Act, a member (except the Minister) holds office for such period, not exceeding 2 years, as is specified in the instrument of appointment, but is eligible for re‑appointment.

7  Resignation of members

                   An appointed member may resign by writing signed by him or her and delivered to the Minister.

8  Termination of appointment of members

             (1)  If an organization which has nominated a member under subsection 6(1) requests the termination of the appointment of a member nominated by it, the Minister shall terminate the appointment of that member.

             (2)  If the Minister is satisfied that an organisation which has nominated a member under subsection 6(1) has ceased to exist and has not merged with, or been succeeded by, another organisation, the Minister must terminate the appointment of that member.

9  Travelling allowance for members

             (1)  The regulations may provide for a member to receive travelling allowance at a rate specified or identified in the regulations.

             (2)  Regulations made for the purposes of subsection (1) may identify a rate by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Note:          This subsection is not intended to be an exhaustive statement of the ways in which a rate could be identified.

             (3)  A member is not otherwise entitled to any remuneration or allowances.

10  Substitute members

             (1)  The Minister may nominate a person to attend a meeting of the Council in his or her place.

             (2)  If an appointed member is unable to be present at a meeting of the Council, the organization which nominated that member may nominate a person to attend the meeting in that member’s place.

             (3)  A person nominated under subsection (1) or (2) to attend a meeting of the Council in the place of a member of the Council has, and may exercise, at that meeting all the rights of that member.

10A  Invited representatives

             (1)  The Minister may, after consulting the members of the Council, invite a person, body or organisation to nominate a representative for the purposes of this section.

             (2)  A representative so invited may participate in a meeting or meetings of the Council and its committees, in accordance with the invitation, but does not become a member of the Council or of a committee.

             (3)  If at any time the Minister terminates an invitation, the representative concerned ceases to be entitled to participate in meetings of the Council and its committees.

             (4)  While a representative is entitled to attend a meeting or meetings of the Council, the representative is entitled to payment of travelling allowance as if he or she were a member.

11  Meetings of Council

             (1)  The Council must meet:

                     (a)  at least once each year during the period that begins on 1 January and ends on 30 June; and

                     (b)  at least once each year during the period that begins on 1 July and ends on 31 December.

             (2)  The Minister may, at any time, convene a meeting of the Council and shall do so whenever the holding of a meeting is necessary to comply with subsection (1).

             (3)  The Minister shall convene a meeting of the Council whenever requested to do so by a majority of the members of the Council.

             (4)  The Minister shall preside at all meetings of the Council at which the Minister is present, and, in the Minister’s absence from a meeting, the person nominated under subsection 10(1) to attend that meeting in the place of the Minister shall preside.

             (5)  Subject to this section, the procedure to be followed at a meeting of the Council shall be determined by the Council.

12  Committees

             (1)  The Council may, at any time, cause to be constituted a committee to consider, and report to the Council on, any matter relevant to the purpose of the Council referred to it by the Council.

             (2)  The regulations may provide for a member of a committee to receive travelling allowance at a rate specified or identified in the regulations.

             (3)  Regulations made for the purposes of subsection (2) may identify a rate by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Note:          This subsection is not intended to be an exhaustive statement of the ways in which a rate could be identified.

             (4)  A member of a committee is not otherwise entitled to any remuneration or allowances.

13  Regulations

                   The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient for carrying out or giving effect to this Act.

Notes to the National Workplace Relations Consultative Council Act 2002

Note 1

The National Workplace Relations Consultative Council Act 2002 as shown in this compilation comprises Act No. 65, 1977 amended as indicated in the Tables below.

Table of Acts

(a)     The National Workplace Relations Consultative Council Act 2002 was amended by Part XV (sections 50‑53) only of the Statute Law (Miscellaneous Amendments) Act 1981, subsection 2(4) of which provides as follows:

                 (4)   Part VIII, Part XV, Division 2 of Part XVIII and Division 3 of Part XVIII shall come into operation on such respective dates as are fixed by Proclamation.

(b)     The National Workplace Relations Consultative Council Act 2002 was amended by Part XLVII (sections 162‑165) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(16) of which provides as follows:

               (16)   The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(c)     The National Workplace Relations Consultative Council Act 2002 was amended by section 151(4) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:

                 (4)   The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(d)     The National Workplace Relations Consultative Council Act 2002 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(e)     The National Workplace Relations Consultative Council Act 2002 was amended by sections 21‑26 only of the Industrial Relations Legislation Amendment Act 1992, subsection 2(2) of which provides as follows:

                 (2)   Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(f)      The Industrial Relations and other Legislation Amendment Act 1995 was amended by Schedule 2 (item 15) only of the Statute Law Revision Act 2002, subsection 2(1) (item 44) of which provides as follows:

(g)     The National Workplace Relations Consultative Council Act 2002 was amended by Schedule 1 (items 645 and 646) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

Table of Amendments