Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Act 2003 No. 20, 2003 An Act to amend the Workplace Relations Act 1996, and for related purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments about bargaining services fees Part 1—Amendments Workplace Relations Act 1996 Part 2—Application provisions etc. Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Act 2003 No. 20, 2003 An Act to amend the Workplace Relations Act 1996, and for related purposes [Assented to 11 April 2003] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Act 2003. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent 11 April 2003 2. Schedule 1 The 28th day after the day on which this Act receives the Royal Assent 9 May 2003 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments about bargaining services fees Part 1—Amendments Workplace Relations Act 1996 1 Subsection 170LU(2A) Omit all the words after "contains", substitute "objectionable provisions (within the meaning of section 298Z)". 2 Paragraph 170MD(7)(e) Omit "preference clauses", substitute "objectionable provisions". 3 Subsection 298B(1) Insert: bargaining services means services provided by (or on behalf of) an industrial association in relation to an agreement, or a proposed agreement, under Part VIB (including the negotiation, making, certification, operation, extension, variation or termination of the agreement). 4 Subsection 298B(1) Insert: bargaining services fee means a fee (however described) payable: (a) to an industrial association; or (b) to someone else in lieu of an industrial association; wholly or partly for the provision, or purported provision, of bargaining services, but does not include membership dues. 5 Section 298C After "This Part", insert "(except Divisions 6 and 7)". Note: The heading to section 298C is altered by omitting "of this Part". 6 At the end of subsection 298L(1) Add: ; or (o) in the case of an employee or an independent contractor—has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee. 7 At the end of section 298Q Add: (2) An industrial association, or an officer or member of an industrial association, must not: (a) take, or threaten to take, action having the effect, directly or indirectly, of prejudicing a person in the person's employment or possible employment; or (b) advise, encourage or incite a third person to take action having the effect, directly or indirectly, of prejudicing a person in the person's employment or possible employment; for the reason that, or for reasons that include the reason that, the person has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee. 8 At the end of section 298S Add: (3) An industrial association, or an officer or member of an industrial association, must not: (a) advise, encourage or incite a person (whether an employer or not) to take discriminatory action against an eligible person for a prohibited reason; or (b) take, or threaten to take, industrial action against an employer with intent to coerce the employer to take discriminatory action against an eligible person for a prohibited reason; or (c) take, or threaten to take, industrial action against an eligible person for a prohibited reason. (4) Conduct mentioned in subsection (3) is carried out for a prohibited reason if it is carried out because the eligible person concerned has not paid, has not agreed to pay, or does not propose to pay, a bargaining services fee. 9 At the end of Division 5 of Part XA Add: 298SA Industrial associations not to demand bargaining services fee (1) An industrial association, or an officer or member of an industrial association, must not demand (whether orally or in writing) payment of a bargaining services fee from another person. (1A) Nothing in this section prevents an industrial association from demanding payment of a bargaining services fee that is payable to the association under a contract for the provision of bargaining services. (2) In this section: demand includes: (a) purport to demand; and (b) have the effect of demanding; and (c) purport to have the effect of demanding. 298SB Action to coerce person to pay bargaining services fee An industrial association, or an officer or member of an industrial association, must not take, or threaten to take, action against a person with intent to coerce the person, or another person, to pay a bargaining services fee. 298SBA Industrial associations not prevented from entering contracts To avoid doubt, nothing in this Division 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. 10 After Division 5 of Part XA Insert: Division 5A—False or misleading representations about bargaining services fees etc. 298SC False or misleading representations about bargaining services fees etc. A person must not make a false or misleading representation about: (a) another person's liability to pay a bargaining services fee; or (b) another person's obligation to enter into an agreement to pay a bargaining services fee; or (c) another person's obligation to join an industrial association. 11 At the end of section 298Y Add: (2) A provision of a certified agreement is void to the extent that it requires payment of a bargaining services fee. Note: The heading to section 298Y is altered by adding at the end "etc." 12 Subsection 298Z(5) Repeal the subsection, substitute: (5) An objectionable provision is: (a) a provision (however described) of an award or a certified agreement that requires or permits any conduct that would contravene this Part or that would (if Division 2 were disregarded) contravene this Part; or (b) a provision (however described) of a certified agreement that requires payment of a bargaining services fee. (6) For the purpose of determining whether a provision of an award or certified agreement is an objectionable provision, it does not matter whether that provision is void because of section 298Y. (7) In subsection (5): permits includes: (a) purports to permit; and (b) has the effect of permitting; and (c) purports to have the effect of permitting. requires includes: (a) purports to require; and (b) has the effect of requiring; and (c) purports to have the effect of requiring. Note: The heading to section 298Z is altered by omitting "preference clauses" and substituting "objectionable provisions". Part 2—Application provisions etc. 13 Application of items 1 and 2 The amendments made by items 1 and 2 apply for the purpose of any consideration by the Commission after the commencement of this item in relation to a certified agreement, even if the application to the Commission was made before that commencement. 14 Application of item 11 The amendment made by item 11 applies in relation to any certified agreement whether certified before or after the commencement of this item. 15 Application of item 12 The amendment made by item 12 applies in relation to: (a) applications made before the commencement of this item but not decided by the Commission before that commencement; and (b) applications made after the commencement of this item in relation to certified agreements certified before or after that commencement. 16 Payments received before commencement To avoid doubt, the amendments made by Part 1 of this Schedule do not affect payments received before the commencement of this item. [Minister's second reading speech made in— House of Representatives on 4 December 2002 Senate on 3 March 2003] (253/02)