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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Industrial Relations (Prohibition of Bargaining
Services Fees) Amendment Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Amendments to Industrial
Relations Act 1979
3. The Act amended 3
4. Section 96A amended 3
5. Section 96A amended 3
6. Section 96BA inserted 4
96BA. Provision requiring or permitting payment
of bargaining services fee to have no
effect 4
221--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
(Introduced by Mr Cowper, MLA)
Industrial Relations (Prohibition of Bargaining
Services Fees) Amendment Bill 2007
A Bill for
An Act to amend the Industrial Relations Act to prohibit an
employment agreement containing a bargaining service fee.
The Parliament of Western Australia enacts as follows:
page 1
Industrial Relations (Prohibition of Bargaining Services Fees) Amendment
Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Industrial Relations (Prohibition of
Bargaining Services Fees) Amendment Act 2007.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
page 2
Industrial Relations (Prohibition of Bargaining Services Fees) Amendment
Bill 2007
Amendments to Industrial Relations Act 1979 Part 2
s. 3
Part 2 -- Amendments to Industrial Relations Act 1979
3. The Act amended
The amendments in this Part are to the Industrial Relations Act
1979.
5 4. Section 96A amended
Section 96A is amended by inserting the following definition in
the appropriate alphabetical position --
"
"bargaining services" means services provided by (or
10 on behalf of) an organisation in relation to an
award, industrial agreement or order under this
Act, or any arrangement between persons relating
to employment, including the negotiation, making,
operation, extension, variation or termination of
15 the award, industrial agreement or order under this
Act or arrangement between persons relating to
employment;
".
5. Section 96A amended
20 Section 96A is amended by inserting the following definition in
the appropriate alphabetical position --
"
"bargaining services fee" means a fee, howsoever
described, payable to an organisation (or to
25 someone else in lieu of an organisation) wholly or
partly for the provision, or purported provision, of
bargaining services, but does not include
membership dues.
".
page 3
Industrial Relations (Prohibition of Bargaining Services Fees) Amendment
Bill 2007
Part 2 Amendments to Industrial Relations Act 1979
s. 6
6. Section 96BA inserted
After section 96B the following section is inserted --
"
96BA. Provision requiring or permitting payment of
5 bargaining services fee to have no effect
(1) An award, industrial agreement or order under this Act,
or any arrangement between persons relating to
employment must not require or permit payment of a
bargaining services fee.
10 (2) The prohibition in subsection (1) extends to awards,
industrial agreements, orders and arrangements that are
in force at the commencement of section 28 of the
Industrial Relations Amendment Act 1993.
(3) A provision of any award, industrial agreement or
15 order under this Act or any arrangement between
persons relating to employment that is contrary to this
section is of no effect.
".
20
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