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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Fair Work (Prohibition Against Bargaining Services Fee)
Amendment Bill 2007
A BILL FOR
An Act to amend the Fair Work Act 1994.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Fair Work
Act 1994
4 Amendment of section
4—Interpretation
5 Amendment of section 79—Approval of enterprise
agreement
6 Amendment of section 115—Prohibited reason
7 Insertion
of Chapter 4 Part 4 Division 1A
Division 1A—Prohibition against bargaining services
fee
139A Association must not demand bargaining services
fee
139B Association must not coerce person to pay
bargaining services fee
139C Association must not take
certain action
139D Certain provisions
void
139E False or misleading representations about
bargaining services fees
Schedule 1—Transitional
provisions
1 Application of sections 4 and 5
2 Application of
section 139D as inserted
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Fair Work (Prohibition Against Bargaining
Services Fee) Amendment Act 2007.
This Act will come into operation 1 month after assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Fair Work
Act 1994
4—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of award
insert:
bargaining services means services provided by (or on behalf
of) an association in relation to—
(a) an industrial dispute (including representation in proceedings before
the Court or the Commission); or
(b) an industrial matter; or
(c) an industrial instrument (including, as appropriate, the negotiation,
making, approval, variation or rescission of the instrument);
bargaining services fee means a fee (however described)
payable to—
(a) an association; or
(b) someone else in lieu of an association,
wholly or partly for the provision, or purported provision, of bargaining
services, but does not include a membership fee;
5—Amendment
of section 79—Approval of enterprise agreement
Section 79—after subsection (2) insert:
(2a) The Commission must refuse to approve an enterprise agreement if the
agreement includes a provision that requires payment of a bargaining services
fee.
6—Amendment of
section 115—Prohibited reason
Section 115—after paragraph (n) insert:
(o) because the other person has not paid, has not agreed to pay, or does
not propose to pay, a bargaining services fee.
7—Insertion of
Chapter 4 Part 4 Division 1A
Chapter 4 Part 4—after Division 1 insert:
Division 1A—Prohibition against bargaining services
fee
139A—Association must not demand bargaining
services fee
(1) Subject to subsection (2), an association, or an officer or
member of an association, must not demand payment of a bargaining services fee
from another person.
Maximum penalty: $20 000.
(2) Subsection (1) does not prevent an association from demanding or
receiving payment of a bargaining services fee that is payable to the
association under a contract for the provision of bargaining services.
(3) 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.
139B—Association must not coerce person to pay
bargaining services fee
An association, or an officer or member of an association, must not take,
or threaten to take, action against a person with intent to coerce the person,
or another person, to—
(a) pay a bargaining services fee; or
(b) enter into a contract for the provision of bargaining
services.
Maximum penalty: $20 000.
139C—Association must not take certain
action
An association, or an officer or member of an 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.
Maximum penalty: $20 000.
139D—Certain provisions void
A provision of an industrial instrument is void to the extent that it
requires payment of a bargaining services fee.
139E—False or misleading representations about
bargaining services fees
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.
Maximum penalty: $20 000.
Schedule
1—Transitional provisions
1—Application of
sections 4 and 5
The amendments made by sections 4 and 5 of this Act apply for the
purpose of any consideration by the Commission after the commencement of this
clause of an enterprise agreement, even if the application to the Commission was
made before that commencement.
2—Application of
section 139D as inserted
Section 139D of the Fair Work Act 1994, as inserted by this
Act, applies to any industrial instrument whether executed before or after the
commencement of this clause.