Federal Register of Legislation - Australian Government

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A Bill for an Act to enable dairy farmers to obtain a fair price from processors for drinking milk, and for related purposes
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Registered 13 Feb 2013
Introduced HR 11 Feb 2013

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Dairy Industry (Drinking Milk) Bill 2013

 

No.      , 2013

 

(Mr Katter)

 

 

 

A Bill for an Act to enable dairy farmers to obtain a fair price from processors for drinking milk, and for related purposes

  

  


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Definitions.......................................................................................... 2

4............ Dairy regions...................................................................................... 2

5............ Administration of Act......................................................................... 3

Part 2—Dairy representative bodies                                                                          4

6............ Registration of dairy representatives................................................... 4

7............ Eligibility for registration.................................................................... 4

8............ Length of registration.......................................................................... 5

9............ Active representatives......................................................................... 6

Part 3—Establishment of minimum price                                                               7

10.......... FWA to set minimum price in the form of a modern award................ 7

Part 4—Collective bargaining under the Fair Work Act 2009                  9

11.......... Agreement between dairy farmers and a processor may be effected as an enterprise agreement              9

Part 5—Collective negotiation outside the Fair Work Act 2009             10

12.......... Collective negotiations—exemption from the Competition and Consumer Act 2010               10

 


A Bill for an Act to enable dairy farmers to obtain a fair price from processors for drinking milk, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Dairy Industry (Drinking Milk) Act 2013.

2  Commencement

                   This Act commences the day after it receives the Royal Assent.

3  Definitions

                   In this Act:

ACCC means the Australian Competition and Consumer Commission.

active representative for a region: see section 9.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.

dairy farmer means a person who produces drinking milk for sale to a processor.

dairy representative for a region means a body registered as such under section 6.

drinking milk means milk intended to be processed into any milk for drinking as white or flavoured milk, including UHT or ESL milk.

eligible: see section 5.

FWA means Fair Work Australia.

processor means a constitutional corporation that purchases drinking milk from dairy farmers for processing.

region means a region prescribed in an instrument made under section 4.

State includes a self‑governing Territory.

4  Dairy regions

             (1)  The Minister may, by legislative instrument, prescribe regions for the purposes of this Act.

             (2)  A region is taken to be part of a State, whether or not the whole of the region is contained entirely within the State.

5  Administration of Act

                   This Act is to be administered by the Minister for Agriculture, Fisheries and Forestry.


 

Part 2Dairy representative bodies

 

6  Registration of dairy representatives

             (1)  The Secretary of the Department may register a constitutional corporation as:

                     (a)  the dairy representative for a region; or

                     (b)  the dairy representative for a State; or

                     (c)  the national dairy representative;

in accordance with this section.

             (2)  A constitutional corporation may apply to the Secretary for the appropriate registration if it is eligible under section 7.

             (3)  The corporation must give the Secretary such information as the Secretary requires to be satisfied that the corporation is eligible for the registration applied for, which may include, but is not limited to:

                     (a)  the identities of persons that have nominated it as a dairy representative;

                     (b)  evidence of the nominations; and

                     (c)  such details about the farms of the nominators and their production as the Secretary needs to be satisfied that the corporation is eligible.

             (4)  If the Secretary is satisfied that the corporation is eligible for the registration applied for, the Secretary must register the corporation in that capacity.

7  Eligibility for registration

Eligibility to be regional representative

             (1)  A constitutional corporation is eligible for registration as the dairy representative for a region if it is nominated as a representative for the purposes of this Act by dairy farmers representing at least 50% of the production of drinking milk in the region.

Eligibility to be State representative

             (2)  A constitutional corporation is eligible for registration as the dairy representative for a State if, in at least 50% of the regions of the State, representing at least 70% of the production of drinking milk in the State, it is either:

                     (a)  the dairy representative for the region; or

                     (b)  nominated by the dairy representative of the region as the dairy representative for the State.

Eligibility to be national representative

             (3)  A constitutional corporation is eligible for registration as the national dairy representative if, in at least 50% of the States, representing at least 70% of the production of drinking milk in Australia, it is either:

                     (a)  the dairy representative for the State; or

                     (b)  in a region in a State for which there is no dairy representative, either:

                              (i)  the dairy representative for the region; or

                             (ii)  nominated by the dairy representative of the region as the national dairy representative.

8  Length of registration

             (1)  Subject to this section, registration under section 7 is valid for 5 years.

             (2)  The registration of a corporation as dairy representative for a region ceases if another corporation is registered as the dairy representative for that region.

             (3)  The registration of a corporation as dairy representative for a State ceases if another corporation is registered as the dairy representative for that State.

             (4)  The registration of a corporation as the national dairy representative ceases if another corporation is registered as the national dairy representative.

9  Active representatives

                   In this Act:

                     (a)  if there is a national dairy representative, it is the active representative for all regions; and

                     (b)  if there is no national dairy representative, then the dairy representative for State is the active representative for all regions in the State; and

                     (c)  if there is no national dairy representative and no dairy representative for a particular State, then the dairy representative for a region of that State is the active representative for that region.


 

Part 3Establishment of minimum price

  

10  FWA to set minimum price in the form of a modern award

             (1)  As soon as practicable after the commencement of this Act, FWA must determine a modern award for dairy farmers in accordance with this Part.

             (2)  For the determination of the award, Part 2‑3 of the Fair Work Act 2009 operates as if modified as follows:

                     (a)  a reference to an employer is taken to be a reference to a processor;

                     (b)  a reference to an employee is taken to be a reference to a dairy farmer (whether or not an individual);

                     (c)  the modern awards objective in subsection 134 (1) is taken to include the objective of providing a fair minimum return for dairy farmers on their labour and investment in producing drinking milk;

                     (d)  the terms that may be included in the award (section 139) are taken to be terms about the following:

                              (i)  a minimum price, or a method of calculating a minimum price, that may be paid to dairy farmers by processors for drinking milk;

                             (ii)  a component of such a minimum price, or a mechanism for calculating such a component, that reflects the costs of efficient producers in producing the milk;

                            (iii)  a component of such a minimum price, or a mechanism for calculating such a component, that reflects a reasonable return to a dairy farmer for labour and investment in producing drinking milk;

                     (e)  sections 147, 148 and 149 are taken to be omitted;

                      (f)  a reference to an organisation that is entitled to represent the industrial interests of employees covered by the award is taken to include a reference to a registered dairy representative;

                     (g)  subsection 165(3) is taken to be omitted.

             (3)  The award operates as if:

                     (a)  it were an award made under the Fair Work Act 2009; and

                     (b)  dairy farmers were employees; and

                     (c)  processors were employers; and

                     (d)  a contract for the supply of drinking milk by a dairy farmer to a processor were a relevant contract of employment.


 

Part 4Collective bargaining under the Fair Work Act 2009

  

11  Agreement between dairy farmers and a processor may be effected as an enterprise agreement

                   Part 2‑4 of the Fair Work Act 2009 (Enterprise Agreements) operates as if modified as follows:

                     (a)  a reference to an employer is taken to be a reference to a processor;

                     (b)  a reference to an employee is taken to be a reference to a dairy farmer (whether or not an individual);

                     (c)  a reference to an employee organisation is taken to be a reference to a dairy farmer;

                     (d)  a reference to employment of an employee by an employer is taken to be a reference to a contract of a dairy farmer with a processor to supply drinking milk;

                     (e)  a reference to a rate of pay is a reference to a price for drinking milk;

                      (f)  paragraph 172(1)(c) is taken to be omitted;

                     (g)  paragraph 173(2)(d) is taken to be omitted;

                     (h)  subsection 174(4) is taken to be omitted;

                      (i)  paragraph 186(2)(c) is taken to be omitted;

                      (j)  Division 9 is taken to be omitted.


 

Part 5Collective negotiation outside the Fair Work Act 2009

  

12  Collective negotiations—exemption from the Competition and Consumer Act 2010

             (1)  The active dairy representative for a region, or a collection of regions, may represent the dairy farmers of the regions in collective negotiations with one or more processors in relation to the sale of drinking milk to the processors in those regions.

             (2)  The Competition and Consumer Act 2010 operates as if a valid notice to the ACCC under section 93AB were in force in relation to the negotiations.