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2002
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
WORKPLACE RELATIONS AMENDMENT
(PROHIBITION OF COMPULSORY UNION FEES) BILL 2002
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the
Government
(Circulated by authority of the Minister
for Employment and Workplace Relations, the Honourable Tony Abbott
MP)
WORKPLACE RELATIONS AMENDMENT (PROHIBITION OF COMPULSORY
UNION FEES) BILL 2002
(Amendments to be moved on behalf of the
Government)
OUTLINE
Amendments are proposed to the Workplace Relations Amendment (Prohibition of
Compulsory Union Fees) Bill 2002 (the Bill), to modify the definition of
‘bargaining services fee’ and insert two new provisions into the
Bill relating to contracts for bargaining services.
The amendments would:
• redefine ‘bargaining services fee’ to clarify that the restrictions and prohibitions proposed in the Bill which address fees in respect of which bargaining services are provided also cover fees which are in respect of bargaining services which have not been, but which are purported to have been, provided;
• clarify that an industrial association can demand payment of a
bargaining services fee that is payable under a contract; and
• make
clear that the Division does not prevent an industrial association from entering
into a contract for the provision of bargaining services with a person who is
not a member of the association.
FINANCIAL IMPACT STATEMENT
The amendments proposed to the Bill are
budget neutral.
NOTES ON AMENDMENTS
Amendment No. 1
– Schedule 1, item 4, page 3 (line 23)
This amendment proposes to insert additional words into the definition of
‘bargaining services fee’. The definition presently provides that
such a fee is one payable to an industrial association or someone else in lieu
of an industrial association, for the provision of bargaining services. This
does not include the membership dues of the association. The amendment will
insert the words ‘or purported provision’ in relation to bargaining
services.
The effect of the amendment would be to make clear that the
provisions of the Bill (for example prohibition of discriminatory conduct on
account of non-payment of a bargaining services fee; prohibition on demanding
such a fee; removal of clauses in agreements providing for payment of such a
fee) will apply in circumstances where bargaining services have not been
provided but are purported to have been provided to the person from whom a fee
is being sought.
Amendment No. 2 – Schedule 1, item 9, page 5 (after line
4)
This amendment would insert a new provision [subsection 298SA(1A)] into the
Bill to clarify that the prohibition on an industrial association demanding a
bargaining services fee (proposed by item 9) does not prevent such an
association from demanding payment of a bargaining services fee that is payable
to the association under a contract for the provision of bargaining
services.
Amendment No. 3 – Schedule 1, item 9, page 5
(after line 14)
This amendment would insert a new provision [new section
298SBA] into the Bill to make clear that nothing in Division 5 of Part XA
prevents an industrial association from entering into a contract for the
provision of bargaining services with a person who is not a member of the
association.