|
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
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|
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
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|
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
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|
Division 1
Preliminary
|
342
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|
Division 2 Model dispute
resolution process
|
342
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|
Division 3 Alternative
dispute resolution process conducted by Commission under model
dispute resolution process
|
345
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|
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
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|
Division 7
Prohibitions
|
376
|
|
Division 8
Enforcement
|
377
|
|
Division 9 Powers of the
Commission
|
377
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|
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
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|
Division 5 Conduct by
employees etc.
|
384
|
|
Division 6 Conduct by
industrial associations etc.
|
385
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|
Division 7 Conduct in
relation to industrial instruments
|
388
|
|
Division 8 False or
misleading representations about bargaining services fees
etc.
|
388
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|
Division 9
Enforcement
|
389
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|
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
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|
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
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|
Division 1
Preliminary
|
437
|
|
Division 2 General duties
in relation to orders and directions
|
437
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|
PART 4B FUNCTIONS AND
POWERS OF THE COMMISSION
|
441
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|
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
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|
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.