Workplace Relations Amendment (Extended Prohibition of by lindahy

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Workplace Relations Amendment (Extended Prohibition of

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									2004-2005

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES



Presented and read a first time




Workplace Relations Amendment
(Extended Prohibition of Compulsory
Union Fees) Bill 2005
No.           , 2005
(Employment and Workplace Relations)




A Bill for an Act to amend laws relating to
workplace relations, and for related purposes
Contents
                  1       Short title.......................................................................................1
                  2       Commencement .............................................................................1
                  3       Schedule(s)....................................................................................2

Schedule 1—Extending the prohibition of compulsory union
           fees                                                                                                            3
          Workplace Relations Act 1996                                                                                     3




i    Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill
2005    No. , 2005
 1   A Bill for an Act to amend laws relating to
 2   workplace relations, and for related purposes
 3   The Parliament of Australia enacts:
 4   1 Short title
 5               This Act may be cited as the Workplace Relations Amendment
 6               (Extended Prohibition of Compulsory Union Fees) Act 2005.

 7   2 Commencement
 8           (1) Each provision of this Act specified in column 1 of the table
 9               commences, or is taken to have commenced, in accordance with
10               column 2 of the table. Any other statement in column 2 has effect
11               according to its terms.
12




       Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005
                                                                           No. , 2005        1
      Commencement information
      Column 1               Column 2                                            Column 3
      Provision(s)           Commencement                                        Date/Details
      1. Sections 1 to 3     The day on which this Act receives the
      and anything in        Royal Assent.
      this Act not
      elsewhere covered
      by this table
      2. Schedule 1          The day after this Act receives the Royal
                             Assent.
 1                   Note:     This table relates only to the provisions of this Act as originally
 2                             passed by the Parliament and assented to. It will not be expanded to
 3                             deal with provisions inserted in this Act after assent.

 4            (2) Column 3 of the table contains additional information that is not
 5                part of this Act. Information in this column may be added to or
 6                edited in any published version of this Act.

 7   3 Schedule(s)
 8                   Each Act that is specified in a Schedule to this Act is amended or
 9                   repealed as set out in the applicable items in the Schedule
10                   concerned, and any other item in a Schedule to this Act has effect
11                   according to its terms.




     2      Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill
     2005   No. , 2005
                            Extending the prohibition of compulsory union fees Schedule 1




 1
 2   Schedule 1—Extending the prohibition of
 3         compulsory union fees
 4


 5   Workplace Relations Act 1996
 6   1 Subsection 298B(1) (definition of bargaining services)
 7          Repeal the definition, substitute:
 8               bargaining services means:
 9                (a) services provided by (or on behalf of) an industrial
10                    association in relation to an agreement, or a proposed
11                    agreement, under Part VIB (including the negotiation,
12                    making, certification, operation, extension, variation or
13                    termination of the agreement); or
14                (b) services provided by (or on behalf of) an industrial
15                    association in relation to a State employment agreement, or a
16                    proposed State employment agreement (including the
17                    negotiation, making, certification, operation, extension,
18                    variation or termination of the agreement).

19   2 At the end of section 298Y
20          Add:
21           (3) A provision of a State employment agreement to which a
22               constitutional corporation is a party is void to the extent that it
23               requires payment of a bargaining services fee.
24           (4) In this section:
25               permits includes:
26                (a) purports to permit; and
27                (b) has the effect of permitting; and
28                (c) purports to have the effect of permitting.
29               requires includes:
30                 (a) purports to require; and
31                 (b) has the effect of requiring; and
32                 (c) purports to have the effect of requiring.



       Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005
                                                                         No. , 2005          3
    Schedule 1 Extending the prohibition of compulsory union fees




1   3 Application
2           The amendment made by item 2 applies in relation to State employment
3           agreements entered into on or after the commencement of the item.




    4      Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill
    2005   No. , 2005

								
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