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TASMANIA
__________
INDUSTRIAL RELATIONS AMENDMENT BILL
2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 6 amended (Provisions relating to appointment of
Commissioners)
5. Section 19 amended (Jurisdiction of Commission)
6. Section 19A inserted
19A. Commission may conduct dispute resolutions
7. Part II, Division 5 inserted
Division 5 - Cooperation between State industrial tribunals
31A. Interpretation of Division
31B. Joint proceedings
31C. Commission may perform functions and exercise
powers imposed and conferred under industrial law
of another State
8. Section 55 amended (Making of industrial agreements)
9. Section 61 amended (Private conciliation and arbitration)
10. Section 70 amended (Rights of appeal)
11. Section 71 amended (Procedure on appeals)
[Bill 25]-IX
2
INDUSTRIAL RELATIONS AMENDMENT BILL
2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Industrial Relations Act 1984
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Industrial Relations
Amendment Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Industrial Relations Act 1984* is
referred to as the Principal Act.
*No. 21 of 1984
[Bill 25] 3
Industrial Relations Amendment Act 2007
Act No. of
s. 4
4. Section 6 amended (Provisions relating to
appointment of Commissioners)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting subsections (2) and (2A) and
substituting the following subsection:
(1) Subject to sections 11 and 12, a
person appointed as a
Commissioner -
(a) holds office for a period
of up to 7 years; and
(b) is to be appointed on such
terms and conditions as
are specified in the
instrument of
appointment; and
(c) may be re-appointed as a
Commissioner.
(b) by omitting from subsection (3)
"subsection (2)" and substituting
"subsection (1)".
5. Section 19 amended (Jurisdiction of Commission)
Section 19(2) of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
4
Industrial Relations Amendment Act 2007
Act No. of
s. 6
(aa) conduct dispute resolutions in
accordance with section 19A;
6. Section 19A inserted
After section 19 of the Principal Act, the
following section is inserted in Division 2:
19A. Commission may conduct dispute
resolutions
(1) A person may apply to the Commission
to have a dispute resolution process
conducted by the Commission in relation
to a matter or matters in dispute if -
(a) the parties to the dispute are
bound by a federal workplace
agreement; and
(b) the Commission is authorised or
permitted to conduct the dispute
resolution process -
(i) under dispute settlement
procedures (within the
meaning of section 353 of
the Commonwealth Act)
set out in the agreement;
or
(ii) if no such dispute
settlement procedures are
set out in the agreement,
under the federal model
5
Industrial Relations Amendment Act 2007
Act No. of
s. 6
dispute resolution
process.
(2) On any such application, the
Commission may perform such functions
and may exercise such powers with
respect to the resolution of the dispute as
are imposed or conferred on it by or
under -
(a) the federal workplace agreement
concerned or federal model
dispute resolution process (as the
case may be); and
(b) the Commonwealth Act.
(3) The Commission is to be constituted by a
single member of the Commission unless
the federal workplace agreement
concerned, federal model dispute
resolution process or Commonwealth Act
(as the case may be) requires otherwise.
(4) Subject to subsection (5), the
performance of a function or the exercise
of a power imposed or conferred on the
Commission as referred to in subsection
(2) is, for the purposes of any other
provision of this Act, taken not to have
been performed or exercised under this
Act.
(5) The functions or powers that the
Commission is authorised or permitted to
perform or exercise as referred to in this
section are in addition to, and do not
6
Industrial Relations Amendment Act 2007
Act No. of
s. 6
derogate from, any other function or
power of the Commission.
(6) Nothing in this section -
(a) makes any order, determination
or other decision of the
Commission, in respect of the
dispute, binding on the parties to
the dispute unless the federal
workplace agreement concerned,
federal model dispute resolution
process or Commonwealth Act
(as the case may be) operates to
make any such order,
determination or decision binding
on the parties; or
(b) limits the operation of section 61.
(7) In this section -
"federal model dispute resolution
process" means the model
dispute resolution process within
the meaning of the
Commonwealth Act;
"federal workplace agreement"
means a workplace agreement
within the meaning of the
Commonwealth Act.
7
Industrial Relations Amendment Act 2007
Act No. of
s. 7
7. Part II, Division 5 inserted
After section 31 of the Principal Act, the
following Division is inserted in Part II:
Division 5 - Cooperation between State industrial tribunals
31A. Interpretation of Division
In this Division -
"industrial law" of another State
means -
(a) a law of that State
corresponding, or
substantially
corresponding, to this
Act; or
(b) a law of that State that is
declared by the
regulations to be a
corresponding law
(whether or not the law
corresponds, or
substantially corresponds,
to this Act);
"industrial tribunal" of another State
means -
(a) a tribunal established
under a law of that State
that has functions or
powers corresponding, or
substantially
8
Industrial Relations Amendment Act 2007
Act No. of
s. 7
corresponding, to
functions or powers
imposed or conferred on
the Commission by this
Act, or
(b) a tribunal established
under a law of that State
that is declared by the
regulations to be the
industrial tribunal of that
State (whether or not the
tribunal has functions or
powers corresponding, or
substantially
corresponding, to
functions or powers
imposed or conferred on
the Commission by this
Act).
31B. Joint proceedings
(1) A member of the Commission may
perform or exercise, in the presence of -
(a) a member of an industrial tribunal
of another State; and
(b) the parties to any proceedings
before an industrial tribunal of
another State; and
9
Industrial Relations Amendment Act 2007
Act No. of
s. 7
(c) any witness summoned by an
industrial tribunal of another
State -
any of the functions or powers that may
be performed or exercised by the
member of the Commission in relation to
a matter.
(2) Evidence may be given, and submissions
made, jointly for the purposes of the
proceedings before the Commission and
the industrial tribunal of another State.
31C. Commission may perform functions and
exercise powers imposed and conferred
under industrial law of another State
(1) Subject to subsection (3), the
Commission may perform such functions
and exercise such powers as may be
imposed or conferred on it under the
industrial law of another State.
(2) However, the performance of any such
function or the exercise of any such
power by the Commission is taken, for
the purposes of this Act, not to be the
performance of a function or the exercise
of a power under this Act.
(3) Subsection (1) does not extend to any
function or power, or class of functions
or powers, imposed or conferred under
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Industrial Relations Amendment Act 2007
Act No. of
s. 8
the industrial law of another State, that is
excluded by the regulations.
8. Section 55 amended (Making of industrial
agreements)
Section 55(5) of the Principal Act is amended by
omitting "3" and substituting "5".
9. Section 61 amended (Private conciliation and
arbitration)
Section 61 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "a
conciliation or" after "conduct";
(b) by inserting in subsection (1)
"conciliation or" after "on the";
(c) by inserting in subsection (2) "a
conciliation or" after "relating to";
(d) by inserting in subsection (2)
"conciliation or" after "that";
(e) by inserting in subsection (3) "a
conciliation or" after "conducting".
11
Industrial Relations Amendment Act 2007
Act No. of
s. 10
10. Section 70 amended (Rights of appeal)
Section 70(1)(b) of the Principal Act is amended
by inserting "the mode, terms or conditions of
employment or" after "respect of".
11. Section 71 amended (Procedure on appeals)
Section 71 of the Principal Act is amended by
omitting subsection (4) and substituting the
following subsections:
(4) If a notice of appeal is lodged under
subsection (1), the Full Bench may
suspend the operation of the award or
decision being appealed against.
(4A) A suspension of the operation of an
award or decision -
(a) may be given on any conditions
the Full Bench considers
appropriate; and
(b) operates for a period determined
by the Full Bench, not extending
beyond the determination of the
appeal; and
(c) may be amended or revoked by
the Full Bench.
12 Government Printer, Tasmania