Workplace Relations Amendment (Agreement Validation) Act 2004 (Cth)

Workplace Relations Amendment (Agreement Validation) Act 2004

No. 155, 2004

An Act to amend the Workplace Relations Act 1996, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s)

Schedule 1—Amendment of the Workplace Relations Act 1996

Workplace Relations Amendment (Agreement Validation) Act 2004

No. 155, 2004

An Act to amend the Workplace Relations Act 1996, and for related purposes

[Assented to 15 December 2004]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Workplace Relations Amendment (Agreement Validation) Act 2004.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

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Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendment of the Workplace Relations Act 1996

1 After Division 10 of Part VIB Insert:

Division 10A—Validation of certain pre-2 September 2004 agreements, variations, industrial action and lockouts

170NHA Validation etc. of certain agreements

If: (a) application was purportedly made to the Commission to certify an agreement under Division 2 (including that Division as applied by subsection 5AA(2) or (3) or subsection 494(2)) or Division 3; and (b) the Commission purported to certify the agreement on or before 2 September 2004 under Division 4 (including that Division as so applied); and (c) the agreement, as purportedly certified, deals with one or more matters that are not permitted matters; and (d) the application and certification were (but for this section) invalid because the agreement deals with matters that are not permitted matters, and for no other reason; then, to the extent only that the agreement deals with permitted matters, the fact that the agreement deals with matters that are not permitted matters is taken for all purposes not to affect, and never to have affected, the validity of the application or certification.