OUTLINE

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Appendix D Table Of Contents for the Explanatory Memorandum

OUTLINE

1

FINANCIAL IMPACT STATEMENT

3

REGULATION IMPACT STATEMENT

4

NOTES ON CLAUSES

32

SCHEDULE 1

34

PART 1A AUSTRALIAN FAIR PAY COMMISSION

47

Division 1 Preliminary

48

Division 2 Australian Fair Pay Commission

48

Division 3 AFPC Secretariat

53

Division 3A General matters relating to the powers and procedures of the Commission

60

PART VA THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD

76

Division 1 Preliminary

77

Division 2 Wages

80

Division 3 Maximum ordinary hours of work

104

Division 4 Annual leave

107

Division 5 Personal leave

113

Division 6 Parental leave

120

PART VB WORKPLACE AGREEMENTS

145

Division 1 Preliminary

145

Division 2 Types of workplace agreements

148

Division 3 Bargaining agents

152

Division 4 Pre-lodgment procedure

155

Division 5 Lodgment

159

Division 6 Operation of workplace agreements and persons bound

163

Division 7 Content of workplace agreements

168

Division 8 Varying a workplace agreement

178

Division 9 Terminating a workplace agreement

188

Division 10 Prohibited conduct

203

Division 11 Contravention of civil penalty provisions

205

PART VC INDUSTRIAL ACTION

209

Division 1 Preliminary

209

Division 2 Bargaining periods

210

Division 3 Protected action

217

Division 4 Secret ballots of proposed protection action

222

Division 5 Industrial action not to be engaged in before nominal expiry of workplace agreement or workplace determination

237

Division 6 Orders and injunctions against industrial action

238

Division 7 Ministerial declarations terminating bargaining periods

239

Division 8 Workplace determinations

240

Division 9 Payments in relations to periods of industrial action

242

PART VI AWARDS

244

Division 1 Preliminary

245

Division 2 Terms that may be included in awards

247

Division 3 Preserved award entitlements

256

Division 4 Award rationalisation and award simplification

259

Division 5 Variation and revocation of awards

266

Division 6 Binding additional employers, employees and organisations to awards

269

Division 7 Technical matters

273

PART VIAA TRANSMISSION OF BUSINESS RULES

276

Division 1 Introductory

276

Division 2 Application of Part

277

Division 3 Transmission of AWA

281

Division 4 Transmission of collective agreement

282

Division 5 Transmission of award

290

Division 6 Transmission of APCS

293

Division 7 Entitlements under the Australian Fair Pay and Conditions Standard

294

Division 8 Notice requirements and enforcement

297

Division 9 Miscellaneous

301

PART VIIA DISPUTE RESOLUTION PROCESSES

342

Division 1 Preliminary

342

Division 2 Model dispute resolution process

342

Division 3 Alternative dispute resolution process conducted by Commission under model dispute resolution process

345

Division 4 Alternative dispute resolution process used to resolve other disputes

350

Division 5 Dispute resolution process conducted by the Commission under workplace agreement

352

Division 6 Dispute resolution process conducted by another provider

354

PART IX RIGHT OF ENTRY

363

Division 1 Preliminary

363

Division 2 Issue of permits

365

Division 3 Expiry, revocation, suspension etc of entry permits

366

Division 4 Right of entry to investigate suspected breaches

368

Division 5 Entry for OHS purposes

372

Division 6 Right of entry to hold discussions with employees

374

Division 7 Prohibitions

376

Division 8 Enforcement

377

Division 9 Powers of the Commission

377

PART XA FREEDOM OF ASSOCIATION

380

Division 1 Preliminary

381

Division 2 Conduct to which this Part applies

382

Division 3 General prohibitions relating to freedom of association

383

Division 4 Conduct by employers etc.

384

Division 5 Conduct by employees etc.

384

Division 6 Conduct by industrial associations etc.

385

Division 7 Conduct in relation to industrial instruments

388

Division 8 False or misleading representations about bargaining services fees etc.

388

Division 9 Enforcement

389

Division 10 Objectionable provisions

390

Division 11 Miscellaneous

391

PART XIV JURISDICTION OF THE FEDERAL COURT OF AUSTRALIA AND FEDERAL MAGISTRATES COURT

398

PART XV MATTERS REFERRED BY VICTORIA

401

Division 1 Introduction

401

Division 2 Pay and conditions

403

Division 3 Workplace agreements

410

Division 4 Industrial action

411

Division 5 Meal breaks

413

Division 6 Termination of employment

413

Division 7 Freedom of Association

414

Division 8 Right of entry

414

Division 9 Transmission of business

416

Division 10 Employment agreements

417

Division 11 Exclusion of Victorian laws

420

Division 12 Other provisions of this Act

421

PART 3 GENERAL DUTIES IN RELATION TO ORDERS AND DIRECTIONS

437

Division 1 Preliminary

437

Division 2 General duties in relation to orders and directions

437

PART 4B FUNCTIONS AND POWERS OF THE COMMISSION

441

SCHEDULE 1 EXTRA PROVISIONS RELATING TO DEFINITIONS

443

SCHEDULE 13 TRANSITIONAL ARRANGEMENTS FOR PARTIES BOUND BY FEDERAL AWARDS

444

PART 1 PRELIMINARY

445

Division 1 Objects of Schedule

445

Division 2 Interpretation

446

Division 3 Continuing operation of awards

446

PART 2 PERFORMANCE OF COMMISSION S FUNCTIONS

448

PART 3 POWERS AND PROCEDURES OF COMMISSION F0R DEALING WITH INDUSTRIAL DISPUTES

451

Division 1 Settlement of industrial disputes

451

Division 2 Variation and revocation of transitional awards

461

Division 3 Procedure for dealing with industrial disputes

464

Division 4 Powers of Commission for dealing with industrial disputes

466

Division 5 Other powers of the Commission

467

PART 4 BALLOTS ORDERED BY THE COMMISSION

469

PART 5 CIRCUMSTANCES IN WHICH TRANSITIONAL AWARDS CEASE TO BE BINDING

470

PART 6 TECHNICAL MATTERS RELATING TO TRANSITIONAL AWARDS

472

PART 7 MATTERS RELATING TO VICTORIA

475

Division 1 Matters referred by Victoria

475

Division 2 Other matters

481

PART 8 MISCELLANEOUS

482

SCHEDULE 14 TRANSITIONAL ARRANGEMENTS FOR EXISTING PRE-REFORM AGREEMENTS ETC

483

PART 1 PRELIMINARY

483

PART 2 PRE-REFORM CERTIFIED AGREEMENTS

483

Division 1 General

483

Division 2 Special Rules for Division 3 pre-reform certified agreements with excluded employers

486

PART 3 PRE-REFORM AWAS

488

PART 4 AWARDS UNDER SUBSECTION 170MX(3) OF THE PRE-REFORM ACT

489

PART 5 EXCEPTIONAL MATTERS ORDERS

491

PART 6 OLD IR AGREEMENTS

491

PART 7 RELATIONSHIPS BETWEEN PRE-REFORM AGREEMENTS ETC AND AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD

492

PART 8 APPLICATIONS FOR CERTIFICATION ETC BEFORE REFORM COMMENCEMENT

492

PART 9 MATTERS RELATING TO VICTORIA

493

SCHEDULE 15 TRANSITIONAL TREATMENT OF STATE EMPLOYMENT AGREEMENTS AND STATE AWARDS

496

PART 1 PRELIMINARY

497

PART 2 PRESERVED STATE AGREEMENTS

498

Division 1 Preserved State agreements

498

Division 2 Terms of a preserved State agreement

501

Division 3 Varying a preserved State agreement

504

Division 4 Enforcing preserved State agreements

505

Division 5 Terminating a preserved State agreement

505

Division 6 Industrial Action

507

Division 7 Miscellaneous

507

Division 8 Regulations

508

PART 3 NOTIONAL AGREEMENTS PRESERVING STATE AWARDS

508

Division 1 Notional agreements preserving State awards

508

Division 2 Terms of notional agreement

512

Division 3 Varying a notional agreement preserving State awards

514

Division 4 Enforcing the notional agreement

515

Division 5 Preserved notional terms and preserved notional entitlements

515

Division 6 Protected conditions

519

Division 7 Miscellaneous

519

Division 8 Regulations

519

SCHEDULE 16 TRANSMISSION OF BUSINESS RULES (TRANSITIONAL INSTRUMENTS)

520

PART 1 INTRODUCTORY

520

PART 2 APPLICATION OF PART

521

PART 3 TRANSMISSION OF PRE-REFORM AWA

524

PART 4 TRANSMISSION OF DIVISION 2 PRE-REFORM CERTIFIED AGREEMENTS

526

Division 1 General

526

Division 2 Commission s Powers

530

PART 5 TRANSMISSION OF STATE TRANSITIONAL INSTRUMENTS

532

Division 1 General

533

Division 2 Commission s powers

536

PART 6 NOTICE REQUIREMENTS AND ENFORCEMENT

539

PART 7 MATTERS RELATING TO VICTORIA

542

PART 8 TRANSITIONAL INSTRUMENTS AND TRANSMITTED POST REFORM INSTRUMENTS

545

PART 9 MISCELLANEOUS

545

SCHEDULE 2 TRANSITIONAL ARRANGEMENTS FOR STATE ORGANISATIONS

546

SCHEDULE 3 SCHOOL-BASED APPRENTICES AND TRAINEES

551

SCHEDULE 4 TRANSITIONAL AND OTHER PROVISIONS

557

SCHEDULE 5 RENUMBERING THE WORKPLACE RELATIONS ACT 1996

565

With acknowledgments to the NSW Office of Industrial Relations.

Law and Bills Digest Section, Parliamentary Library, Canberra, November 2005

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