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WORKPLACE RELATIONS ACT 1996 - List of Sections

Section

Compilation Information

Contents

Long Title

WORKPLACE RELATIONS ACT 1996
Part I—Preliminary

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Principal object of this Act
4. Interpretation
4A. Schedule 1B
5. Additional operation of Act
5AA. Additional operation of Act—certified agreements
6. Act binds Crown
7. Extension to Christmas Island
7A. Act not to apply so as to exceed Commonwealth power
7B. Application of Criminal Code
WORKPLACE RELATIONS ACT 1996
Part IA—Australian Fair Pay Commission

WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


7F. Definitions
WORKPLACE RELATIONS ACT 1996
Division 2—Australian Fair Pay Commission


WORKPLACE RELATIONS ACT 1996
Subdivision A—Establishment and functions


7G. Establishment
7H. Functions of the AFPC
WORKPLACE RELATIONS ACT 1996
Subdivision B—AFPC's wage-setting function


7I. AFPC's wage-setting function
7J. AFPC's wage-setting parameters
7K. Wage reviews and wage-setting decisions
7L. Constitution of the AFPC for wage-setting powers
7M. Publishing wage-setting decisions etc.
WORKPLACE RELATIONS ACT 1996
Subdivision C—Operation of the AFPC


7N. AFPC to determine its own procedures
7O. Annual report
WORKPLACE RELATIONS ACT 1996
Subdivision D—AFPC Chair


7P. Appointment
7Q. Remuneration
7R. Leave of absence
7S. Engaging in other paid employment
7T. Disclosure of interests
7U. Resignation
7V. Termination of appointment
7W. Other terms and conditions
7X. Acting AFPC Chair
WORKPLACE RELATIONS ACT 1996
Subdivision E—AFPC Commissioners


7Y. Appointment
7Z. Remuneration
7ZA. Leave of absence
7ZB. Disclosure of interests
7ZC. Resignation
7ZD. Termination of appointment
7ZE. Other terms and conditions
7ZF. Acting AFPC Commissioners
WORKPLACE RELATIONS ACT 1996
Division 3—AFPC Secretariat


WORKPLACE RELATIONS ACT 1996
Subdivision A—Establishment and function


7ZG. Establishment
7ZH. Function
WORKPLACE RELATIONS ACT 1996
Subdivision B—Operation of the AFPC Secretariat


7ZI. AFPC Chair may give directions
7ZJ. Annual report
WORKPLACE RELATIONS ACT 1996
Subdivision C—The Director of the Secretariat


7ZK. Appointment
7ZL. Remuneration
7ZM. Leave of absence
7ZN. Engaging in other paid employment
7ZO. Disclosure of interests
7ZP. Resignation
7ZQ. Termination of appointment
7ZR. Other terms and conditions
7ZS. Acting Director of the Secretariat
WORKPLACE RELATIONS ACT 1996
Subdivision D—Staff and consultants


7ZT. Staff
7ZU. Consultants
WORKPLACE RELATIONS ACT 1996
Part II—Australian Industrial Relations Commission

WORKPLACE RELATIONS ACT 1996
Division 1—Establishment of Commission


8. Establishment of Commission
8A. Functions of Commission
9. Appointment of Commission members etc.
10. Qualifications for appointment
11. Seniority
12. Performance of duties on part-time basis
13. Dual federal and State appointments
14. Performance of duties by dual federal and State appointees
15. Dual federal appointments
15A. Appointment of a Judge as President not to affect tenure etc.
16. Tenure of Commission members
17. Acting President
17A. Acting Vice President
17B. Acting Senior Deputy President
18. Acting Deputy Presidents
19. Oath or affirmation of office
19A. Discharge of Commission's business
20. Duty of Commission members
21. Remuneration and allowances of Presidential Members etc.
22. Application of Judges' Pensions Act
23. Remuneration and allowances of Commissioners
24. Removal of Presidential Member from office
25. Outside employment of Commissioner
26. Leave of absence of Commissioner
27. Disclosure of interest by Commission members
28. Termination of appointment of Commissioner
29. Resignation by Commission member
WORKPLACE RELATIONS ACT 1996
Division 2—Organisation of Commission


30. Manner in which Commission may be constituted
31. Powers exercisable by single member of Commission
32. Functions and powers conferred on members
33. Powers may be exercised of Commission's own motion or on application
34. Continuation of hearing by Commission
35. Commission divided in opinion
36. Arrangement of business of Commission
37. Panels of Commission for particular industries
39. Conference of Commission members
40. Delegation by President
41. Protection of Commission members
WORKPLACE RELATIONS ACT 1996
Division 3—Representation and intervention


42. Representation of parties before Commission
43. Intervention generally
44. Particular rights of intervention of Minister
WORKPLACE RELATIONS ACT 1996
Division 4—Appeals to Full Bench and references to Court


45. Appeals to Full Bench relating to matters arising other than under the Registration and Accountability of Organisations Schedule
45A. Appeals to Full Bench relating to matters arising under the Registration and Accountability of Organisations Schedule etc.
46. References to Court by Commission on question of law
WORKPLACE RELATIONS ACT 1996
Division 5—Miscellaneous


47. Seals of Commission
48. Rules of Commission
48A. President must provide certain information etc. to the Minister
49. Annual report of Commission
WORKPLACE RELATIONS ACT 1996
Part IV—Australian Industrial Registry

WORKPLACE RELATIONS ACT 1996
Division 1A—Interpretation


61A. Definition of State industrial body
WORKPLACE RELATIONS ACT 1996
Division 1—Establishment and functions of Australian
Industrial Registry


62. Australian Industrial Registry
63. Functions of the Industrial Registry
64. Registries
65. Seals of the Registry
66. Annual report of Industrial Registry
WORKPLACE RELATIONS ACT 1996
Division 2—Registrars


67. Industrial Registrar
68. Tenure of office of Industrial Registrar
69. Remuneration and allowances of Industrial Registrar
70. Outside employment of Industrial Registrar
71. Disclosure of interests by Industrial Registrar
72. Leave of absence of Industrial Registrar
73. Resignation by Industrial Registrar
74. Termination of appointment of Industrial Registrar
75. Deputy Industrial Registrars
76. Acting Industrial Registrar
77. Acting Deputy Industrial Registrars
78. Oath or affirmation of office of Registrar
WORKPLACE RELATIONS ACT 1996
Division 3—References and appeals


79. References by Registrar to Commission
80. Removal of matters before Registrar
81. Appeals from Registrar to Commission
82. References to Court by Registrar on question of law
WORKPLACE RELATIONS ACT 1996
Division 4—Staff


83. Staff
WORKPLACE RELATIONS ACT 1996
Part IVA—The Employment Advocate

WORKPLACE RELATIONS ACT 1996
Division 1—Functions, powers etc. of the Employment Advocate


83BA. The Employment Advocate
83BB. Functions
83BC. Minister's directions to Employment Advocate
83BD. Staff
83BE. Delegation by Employment Advocate
83BF. Annual report
WORKPLACE RELATIONS ACT 1996
Division 2—Authorised officers


83BG. Appointment of authorised officers
83BH. Powers of authorised officers
WORKPLACE RELATIONS ACT 1996
Division 3—Appointment, conditions of appointment etc. of
Employment Advocate


83BI. Appointment of Employment Advocate
83BJ. Remuneration and allowances
83BK. Outside employment
83BL. Recreation leave etc.
83BM. Resignation
83BN. Disclosure of interests
83BO. Termination of appointment
83BP. Acting appointment
83BQ. Other terms and conditions of appointment
WORKPLACE RELATIONS ACT 1996
Division 4—Miscellaneous


83BS. Identity of AWA parties not to be disclosed
83BT. Publication of AWAs etc. by Employment Advocate
WORKPLACE RELATIONS ACT 1996
Part V—Inspectors

84. Inspectors
85. Identity cards
86. Powers of inspectors
87. Inspector to investigate matters affecting safety of employees
88. Annual report
WORKPLACE RELATIONS ACT 1996
Part VA—Compliance etc. powers

88AA. Secretary's powers to obtain information etc.
88AB. Certain excuses not available in relation to section 88AA requirements
88AC. Protection from liability
88AD. Retention and copying etc. of documents
88AE. Secretary or assistant may make and keep copies of documents
88AF. Protection of confidentiality of information
88AG. Delegation by Secretary
88AGA.Guidelines for the exercise or performance of powers or functions
88AH. Relationship with other provisions about authorised officers and inspectors
88AI. Annual review by Ombudsman of exercise of section 88AA power
WORKPLACE RELATIONS ACT 1996
Part VI—Dispute prevention and settlement

WORKPLACE RELATIONS ACT 1996
Division 1A—Objects of Part


88A. Objects of Part
WORKPLACE RELATIONS ACT 1996
Division 1—Functions of Commission generally


88B. Performance of Commission's functions under this Part
89. General functions of Commission
89A. Scope of industrial disputes
89B. Review of certain awards
90. Commission to take into account the public interest
90A. Commission to have regard to operation of Superannuation Guarantee legislation when making National Wage Case decision
91. Commission to encourage agreement on procedures for preventing and settling disputes
92. Commission to have regard to compliance with disputes procedures
93. Commission to take account of Racial Discrimination Act, Sex Discrimination Act, Disability Discrimination Act and Age Discrimination Act
93A. Commission to take account of Family Responsibilities Convention
94. Limitation on powers of Commission relating to discrimination and preference
95. No automatic flow-on of terms of certain agreements
96. Schemes of apprenticeship
97. Safety, health and welfare of employees
98. Commission to act quickly
98A. Commission to avoid technicalities and facilitate fair conduct of proceedings
WORKPLACE RELATIONS ACT 1996
Division 2—Powers and procedures of Commission for dealing
with industrial disputes


99. Notification of industrial disputes
100. Disputes to be dealt with by conciliation where possible
101. Findings as to industrial disputes
102. Action to be taken where dispute referred for conciliation
103. Completion of conciliation proceeding
104. Arbitration
105. Exercise of arbitration powers by member who has exercised conciliation powers
106. Allowable award matters to be dealt with by Full Bench
107. Reference of disputes to Full Bench
108. President may deal with certain proceedings
109. Review on application by Minister
110. Procedure of Commission
WORKPLACE RELATIONS ACT 1996
Division 3—Particular powers of Commission


111. Particular powers of Commission
111AAA.Commission to cease dealing with industrial dispute in certain circumstances
111AA.Recommendations by consent
111A. Hearings in relation to discriminatory awards
113. Power to set aside or vary awards
113A. Commission to include enterprise flexibility provisions in awards
113B. Variation of award to give effect to agreement negotiated under enterprise flexibility provision
114. Power to make further awards in settlement of industrial dispute etc.
119. Compulsory conferences
120. Relief not limited to claim
120A. Orders of Commission on exceptional matters
120B. Commission to report on junior rates of pay
121. Power to override certain laws affecting public sector employment
123. Power to provide special rates of wages
124. Commission not to deal with claims for payments in relation to periods of industrial action
126. Stand-down applications
127. Orders to stop or prevent industrial action
127AA.Awards and orders dealing with rights of entry
127A. Unfair contracts with independent contractors: Court's powers
127B. Court may make orders about unfair contracts
127C. Application of sections 127A and 127B
128. State authorities may be restrained from dealing with disputes
129. Joint sessions of Commission
130. Reference of industrial dispute to local industrial board for report
131. Boards of reference
132. Discussions about conciliation and arbitration processes
133. Industry consultative councils
134. Power of inspection
WORKPLACE RELATIONS ACT 1996
Division 4—Ballots ordered by Commission


135. Commission may order secret ballot
136. Application by members of organisation for secret ballot
137. Scope of directions for secret ballots
138. Conduct of ballot
139. Commission to have regard to result of ballot
140. Certain members not required to obey directions of organisation
WORKPLACE RELATIONS ACT 1996
Division 5—Common rules


141. Common rules
141A. Reference of application for declaration to Full Bench
141B. Intervention by Minister of Victoria
142. Variation of common rules
142A. Applying single common rule to a business of employer
142B. Application of section 109 to declarations under this Division
142C. Common rule taken to be award
WORKPLACE RELATIONS ACT 1996
Division 6—Awards of Commission


143. Making and publication of awards etc.
144. Form of awards
145. Date of awards
146. Commencement of awards
147. Term of awards
148. Continuation of awards
149. Persons bound by awards
150. Awards of Commission are final
151. Registrar to review operation of awards
152. Awards to prevail over State laws and State awards
153. Validity of State laws and State awards
154. Reprints of awards as varied
155. Expressions used in awards
WORKPLACE RELATIONS ACT 1996
Division 7—Disputes relating to boycotts


156. Application of Division
157. Notification of disputes
158. Powers of Commission
159. Exercise of powers
160. Parties
161. Application of other provisions of Act
162. Trade Practices Act and application laws not affected
163. Interpretation
166A. Restriction on certain actions in tort
WORKPLACE RELATIONS ACT 1996
Part VIAAA—State and Territory laws etc. about redundancy
payments by small businesses

167. Certain small businesses not bound by requirement to pay redundancy pay
WORKPLACE RELATIONS ACT 1996
Part VIA—Minimum entitlements of employees

WORKPLACE RELATIONS ACT 1996
Division 2—Equal remuneration for work of equal value


170BA.Object
170BB.Equal remuneration for work of equal value
170BC.Orders requiring equal remuneration
170BD.Orders only on application
170BE.No order if adequate alternative remedy exists
170BF.Immediate or progressive introduction of equal remuneration
170BG.Employer not to reduce remuneration
170BH.Division not to limit other rights
170BHA.Applications under this Division
170BI.Additional effect of Division
WORKPLACE RELATIONS ACT 1996
Division 3—Termination of employment


WORKPLACE RELATIONS ACT 1996
Subdivision A—Object, application and definitions


170CA.Object
170CB.Application
170CBA.Exclusions
170CC.Regulations may provide for additional exclusions
170CCA.People's rights, liabilities and obligations the same as if certain provisions of the regulations had been valid
170CD.Definitions
WORKPLACE RELATIONS ACT 1996
Subdivision B—Application to Commission for relief in respect of
termination of employment


170CE.Application to Commission to deal with termination under this Subdivision
170CEAA.Fees for lodging applications under section 170CE
170CEA.Motions for dismissal of application for want of jurisdiction
170CF.Conciliation
170CFA.Elections to proceed to arbitration or to begin court proceedings
170CG.Arbitration
170CH.Remedies on arbitration
170CI.Orders made on arbitration are binding
170CIA.Representatives to disclose contingency fee agreements
170CIB.Commission may dismiss application if applicant fails to attend
170CJ.Commission may order payment of costs
WORKPLACE RELATIONS ACT 1996
Subdivision C—Unlawful termination of employment by employer


170CK.Employment not to be terminated on certain grounds
170CL.Employer to notify CES of proposed terminations in certain cases
170CM.Employer to give notice of termination
170CN.Employer not to contravene Commission order about employment termination
170CO.Contravention of this Subdivision not an offence
170CP.Application to courts in relation to alleged contravention of section 170CK, 170CL, 170CM or 170CN
170CQ.Proof of issues in relation to alleged contravention of section 170CK
170CR.Orders available to courts
170CS.Costs
170CT.Small claims procedure
WORKPLACE RELATIONS ACT 1996
Subdivision D—Commission orders giving effect to Articles 12 and
13 of Convention


170FA.Employment termination orders creating rules of general application
170FB.Orders only on application
170FC.No order if alternative exists
170FD.Powers and procedures of Commission for dealing with applications
170FE.Commission's powers not limited by Subdivision E
WORKPLACE RELATIONS ACT 1996
Subdivision E—Commission orders after employer fails to consult
trade union about terminations


170GA.Orders by Commission where employer fails to consult trade union about terminations
170GB.Orders only on application
170GC.No order if alternative remedy exists
170GD.Powers and procedures of Commission for dealing with applications
WORKPLACE RELATIONS ACT 1996
Subdivision F—Other rights relating to termination of employment


170HA.Division not to limit other rights
170HB.Applications alleging harsh, unjust or unreasonable termination
170HBA.No second applications under section 170CE concerning same termination to be made
170HC.Applications alleging contravention of section 170CK
WORKPLACE RELATIONS ACT 1996
Subdivision G—Unmeritorious or speculative proceedings


170HD.Definitions
170HE.Advisers not to encourage applicants to make, or to pursue, certain applications
170HF.Applications to the Court
170HH.Evidentiary matters
170HI.Order that the Court may make
WORKPLACE RELATIONS ACT 1996
Division 4—Orders and proceedings


170JA.Orders to be in writing
170JB.When orders take effect
170JC.Compliance with orders
170JD.Variation and revocation of orders
170JE.Application of sections 109, 110, 111, 128 and 129 to orders and proceedings under this Part
170JEA.Representation of employers
170JEB.Reference of applications to Full Bench
170JEC.President may deal with certain applications
170JF.Appeals to Full Bench
170JG.Inconsistency with awards or other orders of Commission
170JH.Validity of State laws, awards etc.
WORKPLACE RELATIONS ACT 1996
Division 5—Parental leave


170KA.Effect of Division
170KB.Application of Schedule 14
170KC.Regulations may prescribe adoption leave
WORKPLACE RELATIONS ACT 1996
Part VIB—Certified agreements

WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


170L. Object
170LA.Functions of Commission
170LB.Single business and single employer
170LC.Additional operation of Part
170LD.Nominal expiry date
170LE.Valid majority
170LF.Working day
170LG.Paid rates award
WORKPLACE RELATIONS ACT 1996
Division 2—Making agreements with constitutional
corporations or the Commonwealth


170LH.What this Division covers
170LI.Nature of agreement
170LJ.Agreement with organisations of employees
170LK.Agreement with employees
170LKA.Certificate as to requested representation or invitation
170LL.Greenfields agreement
170LM.Making the application for certification
WORKPLACE RELATIONS ACT 1996
Division 3—Making agreements about industrial disputes and
industrial situations


170LN.What this Division covers
170LO.Agreement about industrial dispute
170LP.Agreement about industrial situation
170LQ.Multiple disputes and situations
170LR.Approval by valid majority of employees
170LS.Making the application for certification
WORKPLACE RELATIONS ACT 1996
Division 4—Certifying agreements


170LT.Certifying an agreement
170LU.When Commission to refuse to certify an agreement
170LV.Other options open to Commission instead of refusing to certify an agreement
170LW.Procedures for preventing and settling disputes
WORKPLACE RELATIONS ACT 1996
Division 5—Effect of certified agreements


170LX.When a certified agreement is in operation
170LY.Effect of a certified agreement in relation to awards and other certified agreements
170LZ.Effect of a certified agreement on Commonwealth laws or State laws, awards or agreements
WORKPLACE RELATIONS ACT 1996
Division 6—Persons bound by certified agreements


170M. Persons bound in Division 2 cases
170MA.Persons bound in Division 3 cases
170MB.Successor employers bound
170MBA.Commission may make order about extent to which successor employer bound by certified agreement
WORKPLACE RELATIONS ACT 1996
Division 7—Extending, varying or terminating certified
agreements


170MC.Extending the nominal expiry date
170MD.Varying a certified agreement
170MDA.Variation where discrimination between unionists and non-unionists
170ME.Other options open to Commission instead of refusing to approve variation of an agreement
170MG.Terminating a certified agreement where valid majority approve at any time
170MH.Terminating a certified agreement in public interest after nominal expiry date
170MHA.Terminating an agreement in a way provided under agreement after nominal expiry date
WORKPLACE RELATIONS ACT 1996
Division 8—Negotiations for certified agreements etc.


170MI.Initiation of bargaining period
170MJ.Particulars to accompany notice
170MK.When bargaining period begins
170ML.Protected action
170MM.Industrial action must not involve secondary boycott
170MN.Industrial action etc. must not be taken until after nominal expiry date of certain agreements and awards
170MO.Notice of action to be given
170MP.Negotiation must precede industrial action or lockout
170MQ.What happens if Commission orders a ballot
170MR.Industrial action must be duly authorised
170MS.What happens if application to certify agreement is not made within 21 days
170MT.Immunity provisions
170MU.Employer not to dismiss employee etc. for engaging in protected action
170MV.When bargaining period ends
170MW.Power of Commission to suspend or terminate bargaining period
170MWA.Power of Commission in relation to new bargaining periods
170MX.What happens if Commission terminates a bargaining period under subsection 170MW(3) or (7)
170MY.Commission's powers where section 170MX applies
170MZ.Awards under section 170MX
170N. Commission not to arbitrate during bargaining period
170NA.Conciliation in respect of agreements
170NB.Employers not to discriminate between unionist and non-unionist
WORKPLACE RELATIONS ACT 1996
Division 9—Prohibition of coercion in relation to agreements


170NC.Coercion of persons to make, vary or terminate certified agreements etc.
WORKPLACE RELATIONS ACT 1996
Division 10—Enforcement and remedies


170ND.Penalty provisions
170NE.Eligible court
170NF.Penalties for contravening penalty provisions
170NG.Injunctions
170NH.Reinstatement and compensation where employer contravenes section 170MU
WORKPLACE RELATIONS ACT 1996
Division 10A—Validation of certain pre-2 September 2004
agreements, variations, industrial action and lockouts


170NHA.Validation etc. of certain agreements
170NHB.Validation etc. of variations of certain agreements
170NHBA.Validation of certain industrial action and lockouts
170NHC.Definitions of permitted matter
WORKPLACE RELATIONS ACT 1996
Division 11—Miscellaneous


170NI.Complementary State laws
WORKPLACE RELATIONS ACT 1996
Part VID—Australian workplace agreements (AWAs)

WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


170VA.Interpretation
170VB.Proposed AWAs and ancillary documents—interpretation
170VC.Scope of this Part
170VCA.Functions of Commission
WORKPLACE RELATIONS ACT 1996
Division 2—General rules about AWAs and ancillary documents


170VD.AWAs and ancillary documents only have effect as provided by this Part
170VE.Collective agreements
WORKPLACE RELATIONS ACT 1996
Division 3—Making, varying or terminating an AWA


170VF.Employer and employee may make an AWA
170VG.Content of AWA
170VH.Nominal expiry date of AWA
170VJ.Period of operation of AWA
170VK.Bargaining agents
170VL.Varying the terms of an AWA
170VM.Terminating an AWA
WORKPLACE RELATIONS ACT 1996
Division 4—Filing AWAs and ancillary documents with
Employment Advocate


170VN.Filing AWAs and ancillary documents with Employment Advocate
170VO.Filing requirements
170VP.Employer's declaration must be accurate
WORKPLACE RELATIONS ACT 1996
Division 5—Approval of AWAs and ancillary documents


WORKPLACE RELATIONS ACT 1996
Subdivision A—Preliminary


170VPA.Additional approval requirements for AWA and ancillary documents
WORKPLACE RELATIONS ACT 1996
Subdivision B—Approval by Employment Advocate


170VPB.Approval of AWA by Employment Advocate
170VPC.Approval of variation agreement by Employment Advocate
170VPD.Approval of other ancillary documents by Employment Advocate
170VPE.Protocol for referring AWAs and variation agreements to the Commission
170VPF.Employment Advocate must issue approval, refusal or referral notice
WORKPLACE RELATIONS ACT 1996
Subdivision C—Approval by Commission


170VPFA.Withdrawal of AWA or variation agreement
170VPG.Approval of AWA by Commission
170VPH.Approval of variation agreement by Commission
170VPI.Commission must issue approval or refusal notice etc.
WORKPLACE RELATIONS ACT 1996
Subdivision D—Miscellaneous


170VPJ.Undertakings deemed to be included in AWA
170VPK.Employment Advocate to issue copies of approved AWAs and ancillary documents
WORKPLACE RELATIONS ACT 1996
Division 6—Effect of an AWA


170VQ.Effect of AWA on awards and agreements
170VR.Effect of AWA on other laws
170VS.AWA binds employer's successor
170VT.Parties must not breach AWA
170VU.Industrial action etc. by party to AWA
WORKPLACE RELATIONS ACT 1996
Division 7—Enforcement and remedies


170VV.Penalties for contravening this Part
170VW.Damages for breach of AWA
170VX.Compensation to new employee for shortfall in entitlements
170VZ.Injunctions
170W. Interest on judgment etc.
170WA.Small claims procedure
WORKPLACE RELATIONS ACT 1996
Division 8—Limited immunity for industrial action


170WB.Interpretation
170WC.Limited immunity conferred
170WD.Immunity conditional on giving notice
170WE.Employer not to dismiss, prejudice etc. an employee for taking AWA industrial action
WORKPLACE RELATIONS ACT 1996
Division 8A—Validation of certain AWAs and variation
agreements made before 2 September 2004


170WEA.Validation etc. of certain AWAs
170WEB.Validation etc. of certain variation agreements
WORKPLACE RELATIONS ACT 1996
Division 9—Miscellaneous


170WF.Hindering AWA negotiations
170WG.Persons must not apply duress or make false statements in connection with AWA etc.
170WH.Employer must give copies of documents to employee
170WHA.Intervention not permitted
170WHB.Identity of AWA parties not to be disclosed
170WHC.Industrial Registrar not to publish AWA determinations
170WHD.Hearings to be in private
170WI.Evidence
170WJ.Signature on behalf of body corporate
170WK.AWAs with Commonwealth employees
170WKA.Complementary State laws
170WL.Regulations
WORKPLACE RELATIONS ACT 1996
Part VIE—No-disadvantage test

170X. Interpretation
170XA.When does an agreement pass the no-disadvantage test?
170XB.Special case—employee eligible for the Supported Wage System
170XC.Special case—employee undertaking approved traineeship
170XD.Special case—employee undertaking approved apprenticeship
170XE.Determination of designated award or awards for the purposes of an AWA
170XF.Determination of designated award or awards for the purposes of a certified agreement
WORKPLACE RELATIONS ACT 1996
Part VII—Co-operation with the States

171. Co-operation with States by President
172. Co-operation with States by Industrial Registrar
173. Member of Commission may exercise powers under prescribed State laws
174. Reference of dispute (other than demarcation dispute) to State authority for determination
174A. Reference of demarcation dispute to State authority for determination
175. Joint proceedings
176. Conference with State authorities
WORKPLACE RELATIONS ACT 1996
Part VIII—Compliance

WORKPLACE RELATIONS ACT 1996
Division 1—Penalties and other remedies for contravention of
awards and orders


177A. Definition of court of competent jurisdiction
178. Imposition and recovery of penalties
179. Recovery of wages etc.
179A. Interest up to judgment
179B. Interest on judgment
179C. Plaintiffs may choose small claims procedure in magistrates' courts
179D. Small claims procedure
180. Unclaimed moneys
WORKPLACE RELATIONS ACT 1996
Division 3—Cancellation and suspension of awards and orders


187. Cancellation and suspension of awards and orders
WORKPLACE RELATIONS ACT 1996
Part VIIIA—Payments in relation to periods of industrial
action

187AA.Payments not to be made or accepted in relation to periods of industrial action
187AB.Organisations not to take action for payments in relation to periods of industrial action
187AC.Applications to the Court
187AD.Orders that the Court may make
WORKPLACE RELATIONS ACT 1996
Part IX—Entry and inspections by organisations

285A. Permits
285B. Investigating suspected breaches of Act etc.
285C. Discussions with employees
285D. Conduct not authorised under sections 285B and 285C
285E. Conduct in relation to sections 285B and 285C attracting civil penalties
285F. Civil penalties
285G. Powers of Commission
WORKPLACE RELATIONS ACT 1996
Part XA—Freedom of association

WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


298A. Objects of Part
298B. Definitions
WORKPLACE RELATIONS ACT 1996
Division 2—Conduct to which this Part applies


298C. Application
298D. Organisations
298E. Industrial action
298F. Matters arising under this Act or the Registration and Accountability of Organisations Schedule
298G. Constitutional corporations
298H. Territories
298J. Operation of State and Territory laws
WORKPLACE RELATIONS ACT 1996
Division 3—Conduct by employers etc.


298K. Dismissal etc. of members of industrial associations etc.
298L. Prohibited reasons
298M. Inducements to cease membership etc. of industrial associations etc.
WORKPLACE RELATIONS ACT 1996
Division 4—Conduct by employees etc.


298N. Cessation of work
WORKPLACE RELATIONS ACT 1996
Division 5—Conduct by industrial associations etc.


298P. Industrial associations acting against employers
298Q. Industrial associations acting against employees etc.
298R. Industrial associations acting against members
298S. Industrial associations acting against independent contractors etc.
298SA.Industrial associations not to demand bargaining services fee
298SB.Action to coerce person to pay bargaining services fee
298SBA.Industrial associations not prevented from entering contracts
WORKPLACE RELATIONS ACT 1996
Division 5A—False or misleading representations about
bargaining services fees etc.


298SC.False or misleading representations about bargaining services fees etc.
WORKPLACE RELATIONS ACT 1996
Division 6—Remedies for breaches of this Part


298T. Applications to the Court
298U. Orders that the Federal Court may make
298V. Proof not required of the reason for, or the intention of, conduct
WORKPLACE RELATIONS ACT 1996
Division 7—Miscellaneous


298W. Effect on other laws
298X. Contravention of this Part not an offence
298Y. Provisions of industrial instruments requiring or permitting conduct in contravention of this Part etc.
298Z. Removal of objectionable provisions from awards and certified agreements
WORKPLACE RELATIONS ACT 1996
Part XI—Offences

299. Offences in relation to Commission
300. Attendance at compulsory conferences
301. Intimidation etc.
302. Creating disturbance near Commission
303. Offences relating to witnesses
305. Non-compliance with requirement made by an inspector
305A. Non-compliance with requirement made by an authorised officer
307. Application for secret ballot in relation to industrial action
308. Compliance with directions in relation to secret ballot
317. Offences in relation to ballot
338. Contracts entered into by agents of employers
339. Publication of trade secrets etc.
WORKPLACE RELATIONS ACT 1996
Part XII—Costs

WORKPLACE RELATIONS ACT 1996
Division 2—Costs


347. Costs only where proceeding instituted vexatiously etc.
WORKPLACE RELATIONS ACT 1996
Part XIII—Miscellaneous

348. Delegation by Minister
349. Conduct by officers, directors, employees or agents
350. No imprisonment in default
351. Jurisdiction of courts limited as to area
352. Public sector employer to act through employing authority
353. Proceedings by and against unincorporated clubs
353A. Records relating to employees
354. Inspection of documents etc.
355. Trade secrets etc. tendered as evidence
356. Application of penalty
357. Enforcement of penalties etc.
358. Appropriation for payment of certain salaries and allowances
358A. Reports about developments in making agreements
359. Regulations
WORKPLACE RELATIONS ACT 1996
Part XIV—Jurisdiction of the Federal Court of Australia

WORKPLACE RELATIONS ACT 1996
Division 1—Original jurisdiction


412. Jurisdiction of Court
413. Interpretation of awards
413A. Interpretation of certified agreements
414. Exclusive jurisdiction
415. Exercise of Court's original jurisdiction
416. Reference of proceedings to Full Court
WORKPLACE RELATIONS ACT 1996
Division 2—Appellate jurisdiction


422. Appeals from State and Territory courts
WORKPLACE RELATIONS ACT 1996
Division 3—Representation and intervention


469. Representation of parties before Court
470. Intervention generally
471. Particular rights of intervention of Minister
WORKPLACE RELATIONS ACT 1996
Part XV—Matters referred by Victoria

WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


488. Object
489. Interpretation
WORKPLACE RELATIONS ACT 1996
Division 2—Extension of existing Commonwealth provisions


490. Division only has effect if supported by reference
491. Exclusion of Commonwealth employment
492. Additional effect of Act—termination of employment
493. Additional effect of Act—industrial disputes
493A. Additional effect of Act—common rules
494. Additional effect of Act—certified agreements
495. Additional effect of Act—AWAs
496. Additional effect of Act—freedom of association
WORKPLACE RELATIONS ACT 1996
Division 3—New Commonwealth provisions


WORKPLACE RELATIONS ACT 1996
Subdivision A—General


497. Division only has effect if supported by reference
498. Exclusion of Commonwealth employment
499. Inconsistency with other Commonwealth laws
WORKPLACE RELATIONS ACT 1996
Subdivision B—Minimum terms and conditions of Victorian employees


500. Minimum terms and conditions of employment
501. Minimum wages
501A. Supported Wage System—minimum wage
502. Reference of minimum wage proceeding to Full Bench
503. Modified application of section 143 in relation to minimum wage orders
504. Certain provisions of no effect
505. Employer must comply with minimum terms and conditions of employment
506. Penalties and recovery of wages—application of sections 178 and 179 to Victorian employees
507. Limit on operation of sections 505 and 506 and Schedule 1A
508. Relationship between awards and minimum terms and conditions of employment
509. Exemption from minimum rate of pay
509A. Stand down provisions in a contract of employment (other than an employment agreement)
WORKPLACE RELATIONS ACT 1996
Subdivision C—Intervals for meals


510. Intervals for meals
511. Relationship between section 510 and other laws etc.
512. Limit on operation of section 510
513. Relationship between awards and section 510
WORKPLACE RELATIONS ACT 1996
Subdivision D—Records relating to certain employees


514. Making and retaining employment records
WORKPLACE RELATIONS ACT 1996
Subdivision E—Employment agreements

515. Continued operation of employment agreements
516. Individual employment agreements on cessation of collective employment agreements
517. Lodging collective employment agreements within 14 days of coming into force etc.
518. Variation of collective employment agreements
519. Stand down provisions
520. Dispute resolution provisions
521. Limit on damages for breach of employment agreement
522. Employer to give copy of employment agreement
523. Registrar not to divulge information in employment agreements
524. Restriction on protected action and AWA industrial action: employees
525. Restriction on protected action and AWA industrial action: employers
526. Restriction on protected action: organisations
527. Application of Act as if employment agreement were a certified agreement
528. Application of section 111AAA as if employment agreement were a State employment agreement
529. Exclusion of certain agreements from sections 524, 525, 526 and 528
530. Relationship between employment agreements and awards
531. Relationship between employment agreements and enterprise flexibility agreements
WORKPLACE RELATIONS ACT 1996
Subdivision F—Contravention of penalty provisions


533. Penalties for contravening penalty provisions
534. Injunctions
WORKPLACE RELATIONS ACT 1996
Division 4—Recognised associations


535. Regulations relating to transitional registration applications
536. Regulations relating to certain recognised associations that have become registered
WORKPLACE RELATIONS ACT 1996
Part XVI—Contract outworkers in Victoria in the textile,
clothing and footwear industry

WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


537. Object of Part
538. Definitions
WORKPLACE RELATIONS ACT 1996
Division 2—New Commonwealth provisions


WORKPLACE RELATIONS ACT 1996
Subdivision A—General


539. Constitutional corporations
540. Interstate trade or commerce etc.
540A. Concurrent operation of Victorian laws
WORKPLACE RELATIONS ACT 1996
Subdivision B—Minimum rate of pay


541. Minimum rate of pay
WORKPLACE RELATIONS ACT 1996
Subdivision C—Inspectors


542. Powers of inspectors
WORKPLACE RELATIONS ACT 1996
Subdivision D—Enforcement of minimum rate of pay


543. Imposition and recovery of penalties
544. Recovery of pay
545. Interest up to judgment
546. Interest on judgment
547. Plaintiffs may choose small claims procedure in magistrates courts
548. Enforcement of penalties etc.
549. Records relating to contracts for services with contract outworkers
WORKPLACE RELATIONS ACT 1996
Part XVII—School-based apprentices and trainees

WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


550. Definitions
WORKPLACE RELATIONS ACT 1996
Division 2—Concurrent operation of State and Territory laws


551. Concurrent operation of State and Territory laws
WORKPLACE RELATIONS ACT 1996
Division 3—School-based apprentices


552. Pay for school-based apprentices
553. Additional conditions for school-based apprentices
554. Pay for apprentices who were school-based apprentices
WORKPLACE RELATIONS ACT 1996
Division 4—School-based trainees


555. Pay for school-based trainees
556. Additional conditions for school-based trainees
557. Loading in lieu of certain conditions
WORKPLACE RELATIONS ACT 1996
Division 5—Enforcement


558. Enforcement
WORKPLACE RELATIONS ACT 1996
Schedule 1A—Minimum terms and conditions of employment

WORKPLACE RELATIONS ACT 1996
Schedule 1B—Registration and Accountability of Organisations

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 1—Objects of Schedule and general provisions

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996



1. Simplified outline of Chapter
5. Objects of Schedule
5A. Schedule binds Crown
6. Definitions
6A. References to provisions in this Schedule
7. Meaning of industrial action
8. Meaning of industrial dispute
9. Meaning of office
10. Forging and uttering
11. Actions and opinions of AEC
12. Membership of organisations
13. Functions of the Industrial Registry
14. President may establish Organisations Panel
15. Disapplication of Part 2.5 of Criminal Code
16. Operation of offence provisions
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 2—Registration and cancellation of registration

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

17. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Registration
Division 1—Types of associations that may apply for registration


18. Employer and employee associations may apply
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Registration criteria


19. Criteria for registration of associations other than enterprise associations
20. Criteria for registration of enterprise associations
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 3—Prohibited conduct in relation to formation or
registration of employee associations


21. Prohibited conduct—employers
22. Prohibited conduct—organisations
23. Powers of Federal Court in relation to prohibited conduct
24. Certain actions considered to be done by organisation or employer
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 4—Registration process


25. Applicant for registration may change its name or alter its rules
26. Registration
27. Incorporation
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 3—Cancellation of registration

28. Application for cancellation of registration
29. Orders where cancellation of registration deferred
30. Cancellation of registration on technical grounds etc.
31. Cancellation to be recorded
32. Consequences of cancellation of registration
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 4—Commission's powers under this Chapter

33. Powers exercisable by Presidential Member
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 3—Amalgamation and withdrawal from amalgamation

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

34. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Amalgamation of organisations


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—General


35. Definitions
36. Procedure to be followed for proposed amalgamation etc.
37. Exercise of Commission's powers under this Part
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Preliminary matters


38. Federations
39. Use of resources to support proposed amalgamation
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 3—Commencement of amalgamation procedure


40. Scheme for amalgamation
41. Alternative scheme for amalgamation
42. Approval by committee of management
43. Community of interest declaration
44. Application for approval for submission of amalgamation to ballot
45. Holding office after amalgamation
46. Application for exemption from ballot
47. Application for ballot not conducted under section 65
48. Lodging "yes" case
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 4—Role of AEC


49. Ballots to be conducted by AEC
50. Notification of AEC
51. Providing information etc. to electoral officials
52. Declaration by secretary etc. of organisation
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 5—Procedure for approval of amalgamation


53. Fixing hearing in relation to amalgamation etc.
54. Submissions at amalgamation hearings
55. Approval for submission to ballot of amalgamation not involving extension of eligibility rules etc.
56. Objections in relation to amalgamation involving extension of eligibility rules etc.
57. Approval for submission to ballot of amalgamation involving extension of eligibility rules etc.
58. Fixing commencing and closing days of ballot
59. Roll of voters for ballot
60. "Yes" case and "no" case for amalgamation
61. Alteration and amendment of scheme
62. Outline of scheme for amalgamation
63. Exemption from ballot
64. Approval for ballot not conducted under section 65
65. Secret postal ballot of members
66. Determination of approval of amalgamation by members
67. Further ballot if amalgamation not approved
68. Post-ballot report by AEC
69. Inquiries into irregularities
70. Approval of amalgamation
71. Expenses of ballot
72. Offences in relation to ballot
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 6—Amalgamation taking effect


73. Action to be taken after ballot
74. Assets and liabilities of de-registered organisation become assets and liabilities of amalgamated organisation
75. Resignation from membership
76. Effect of amalgamation on awards, orders and certified agreements
77. Effect of amalgamation on agreement under section 151
78. Instruments
79. Pending proceedings
80. Division applies despite laws and agreements prohibiting transfer etc.
81. Amalgamated organisation to take steps necessary to carry out amalgamation
82. Certificates in relation to land and interests in land
83. Certificates in relation to charges
84. Certificates in relation to shares etc.
85. Certificates in relation to other assets
86. Other matters
87. Federal Court may resolve difficulties
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 7—Validation


88. Validation of certain acts done in good faith
89. Validation of certain acts after 4 years
90. Orders affecting application of section 88 or 89
91. Federal Court may make orders in relation to consequences of invalidity
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 3—Withdrawal from amalgamations


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—General


92. Object of Part
93. Definitions etc.
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Ballots for withdrawal from amalgamated
organisations


94. Applications to the Federal Court for ballots
95. Outline of proposed withdrawal
96. Filing the "yes" case
97. Filing the "no" case
98. Provisions relating to outlines and statements of "yes" and "no" cases
99. Notifying of applications for ballots
100. Orders for ballots
101. Financial members only eligible to vote
102. Conduct of ballots
103. Providing information etc. to electoral officials
104. Declaration by secretary etc. of organisation
105. Offences in relation to ballots
106. Certificate showing particulars of the ballot
107. Post-ballot report by AEC
108. Inquiries into irregularities
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 3—Giving effect to ballots


109. Determining the day of withdrawal
110. Registration of constituent part
111. Choice of organisation following withdrawal of separately identifiable constituent part
112. Members of amalgamated organisation may join newly registered organisation
113. Orders of the Commission, awards etc.
114. Effect of withdrawal on agreement under section 151
115. Instruments
116. Pending proceedings
117. Division applies despite laws and agreements prohibiting transfer etc.
118. Amalgamated organisation, constituent part and newly registered organisation to take necessary steps
119. Certificates in relation to land and interests in land
120. Certificates in relation to charges
121. Certificates in relation to shares etc.
122. Certificates in relation to other assets
123. Holding office after withdrawal
124. Other matters
125. Federal Court may resolve difficulties
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 4—Validation


126. Validation of certain acts done in good faith
127. Validation of certain acts after 4 years
128. Orders affecting application of section 126 or 127
129. Federal Court may make orders in relation to consequences of invalidity
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 5—Miscellaneous


130. Certain actions etc. not to constitute breach of rules of amalgamated organisation
131. Amalgamated organisation not to penalise members etc.
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 4—Representation orders

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline

132. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Representation orders

133. Orders about representation rights of organisations of employees
134. Preconditions for making of orders
135. Factors to be taken into account by Commission
136. Order may be subject to limits
137. Organisation must comply with order
138. Exercise of Commission's powers under this Chapter
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 5—Rules of organisations

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

139. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Rules of organisations


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—General


140. Organisations to have rules
141. Rules of organisations
142. General requirements for rules
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Rules relating to elections for office


143. Rules to provide for elections for offices
144. Rules to provide for elections for office by secret postal ballot
145. Rules to provide for terms of office
146. Rules may provide for filling of casual vacancies
147. Model rules for conduct of elections
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 3—Rules relating to conduct of officers and employees


148. Model rules about conduct of officers and employees
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 4—Other rules


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Subdivision A—Loans, grants and donations


149. Rules to provide conditions for loans, grants and donations by organisations
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Subdivision B—Agreements between organisations and State unions


150. Definitions
151. Membership agreements
152. Assets and liabilities agreements
153. Party to section 152 agreement may apply to Federal Court for orders
154. Termination of section 152 agreement
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Subdivision C—Miscellaneous


155. Exercise of Commission's powers under this Division
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 5—Alteration of rules and evidence of rules


156. Industrial Registrar may determine alterations of rules
157. Commission may determine alteration of rules where there has been a breach of an undertaking
158. Change of name or alteration of eligibility rules of organisation
159. Alteration of other rules of organisation
160. Certain alterations of rules to be recorded
161. Evidence of rules
162. Powers of Commission
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 3—Validity and performance of rules etc

163. Rules contravening section 142
164. Directions for performance of rules
164A. Directions to rectify breach of rule of organisation
164B. Orders under sections 164 and 164A
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 6—Membership of organisations

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

165. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Entitlement to membership

166. Entitlement to become and to remain a member
167. Federal Court may declare on person's entitlement to membership
168. Application for membership of organisation by person treated as having been a member
169. Request by member for statement of membership
170. Rectification of register of members
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 3—Termination of membership

171. Federal Court may order that persons cease to be members of organisations
172. Non-financial members to be removed from the register
173. No entrance fee if person re-joins within 6 months
174. Resignation from membership
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 4—False information, disputes and arrears of
dues

175. False representation as to membership of organisation
176. False representation about resignation from organisation
177. Disputes between organisations and members
178. Recovery of arrears
179. Liability for arrears
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 5—Conscientious objection to membership

180. Conscientious objection to membership of organisations
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 7—Democratic control

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

181. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Conduct of elections for office and other
positions

182. Conduct by AEC
183. Application for organisation or branch to conduct its elections for office
184. Objections to application to conduct elections for office
185. Threats etc. in relation to section 184 objections
186. Registrar may permit organisation or branch to conduct its elections for office
187. Organisation may ask AEC to conduct elections for positions other than offices
188. Declaration envelopes etc. to be used for postal ballots
189. Registrar to arrange for conduct of elections
190. Organisation or branch must not assist one candidate over another
191. Organisation to provide returning officer with copy of register
192. Declaration by secretary etc. of organisation
193. Provisions applicable to elections conducted by AEC
194. Hindering or obstructing electoral official or other person
195. Improper interference with election process
196. Death of candidate
197. Post-election report by AEC
198. Organisation to respond to adverse report on rules
199. Ballot papers etc. to be preserved
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 3—Inquiries into elections for office

200. Application for inquiry
201. Instituting of inquiry
202. Federal Court may authorise Industrial Registrar to take certain action
203. Designated Registry officials must have identity cards
204. Interim orders
205. Procedure at hearing
206. Action by Federal Court
207. Industrial Registrar to make arrangements for conduct of elections etc.
208. Enforcement of orders
209. Validity of certain acts etc. where election declared void
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 4—Disqualification from office


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—Simplified outline of Part


210. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Persons who have been convicted of a prescribed
offence


211. Simplified outline of Division
212. Meaning of prescribed offence
213. Meaning of convicted of a prescribed offence
213A. Meaning of exclusion period and reduced exclusion period
214. Certificate of registrar etc. is evidence of facts
215. Certain persons disqualified from holding office in organisations
216. Application for leave to hold office in organisations by prospective candidate for office
217. Application for leave to hold office in organisations by office holder
218. Federal Court to have regard to certain matters
219. Action by Federal Court
220. Part not to affect spent convictions scheme
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 8—Records and accounts

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

229. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Records to be kept and lodged by
organisations

230. Records to be kept and lodged by organisations
231. Certain records to be held for 7 years
232. Offence to interfere with register or copy
233. Obligation to lodge information in Industrial Registry
234. Storage of records
235. Registrar may authorise access to certain records
236. Registrar may direct organisation to deliver copy of records
237. Organisations to notify particulars of loans, grants and donations
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 3—Accounts and audit


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


238. Simplified outline
239. Part only applies to financial years starting after registration
240. Financial years—change in financial year
241. Exemptions from certain Australian Accounting Standards
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Reporting units


242. What is a reporting unit?
243. Designated officers
244. Members, staff and journals etc. of reporting units
245. Determination of reporting units
246. Determination of reporting units—application by organisation
247. Determination of reporting units—Industrial Registrar initiative
248. Determination of reporting units—years certificate applies to
249. Determination of reporting units—revocation of certificates
250. Determination of reporting units—rule alterations
251. Determination of reporting units—later certificate revokes earlier certificate
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 3—Accounting obligations


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Subdivision A—General obligations


252. Reporting unit to keep proper financial records
253. Reporting unit to prepare general purpose financial report
254. Reporting unit to prepare operating report
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Subdivision B—Reporting guidelines


255. Reporting guidelines
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 4—Auditors


256. Auditors of reporting units
257. Powers and duties of auditors
258. Obstruction etc. of auditors
259. Reporting unit to forward notices etc. to auditor
260. Auditor entitled to attend meetings at which report presented
261. Auditors and other persons to enjoy qualified privilege in certain circumstances
262. Fees and expenses of auditors
263. Removal of auditor
264. Resignation of auditor
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 5—Reporting requirements


265. Copies of full report or concise report to be provided to members
266. Full report to be presented to meetings
267. Comments by committee members not to be false or misleading
268. Reports etc. to be lodged in Industrial Registry
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 6—Reduced reporting requirements for particular
reporting units


269. Reporting units with substantial common membership with State registered bodies
270. Organisations with income of less than certain amount
271. Exemption from this Part of certain reporting units
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 7—Members' access to financial records


272. Information to be provided to members or Registrar
273. Order for inspection of financial records
274. Frivolous or vexatious applications
275. Ancillary orders
276. Disclosure of information acquired in inspection
277. Reporting unit or committee of management may allow member to inspect books
278. Commission to be advised of breaches of Part or rules etc. found during inspection
279. Constitution of Commission
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 4—Access to organisations' books

280. Right of access to organisation's books
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 9—Conduct of officers and employees

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

281. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—General duties in relation to the financial
management of organisations


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—Preliminary


282. Simplified outline
283. Part only applies in relation to financial management
284. Meaning of involved
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—General duties in relation to the financial
management of organisations


285. Care and diligence—civil obligation only
286. Good faith—civil obligations
287. Use of position—civil obligations
288. Use of information—civil obligations
289. Effect of ratification by members
290. Compliance with statutory duties
291. Interaction of sections 285 to 289 with other laws etc.
292. Reliance on information or advice provided by others
293. Responsibility for actions of other person
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 10—Civil penalties

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

304. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Civil consequences of contravening civil penalty
provisions

305. Civil penalty provisions
306. Pecuniary penalty orders that the Federal Court may make
307. Compensation orders
308. Other orders
309. Effect of section 307
310. Who may apply for an order
311. Civil proceedings after criminal proceedings
312. Criminal proceedings during civil proceedings
313. Criminal proceedings after civil proceedings
314. Evidence given in proceedings for penalty not admissible in criminal proceedings
315. Relief from liability for contravention of civil penalty provision
316. Power to grant relief
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Chapter 11—Miscellaneous

SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 1—Simplified outline of Chapter

317. Simplified outline
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 2—Validating provisions for organisations

318. Definition
319. Validation of certain acts done in good faith
320. Validation of certain acts after 4 years
321. Order affecting application of section 319 or 320
322. Federal Court may make orders in relation to consequences of invalidity
323. Federal Court may order reconstitution of branch etc.
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 3—Financial assistance and costs


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—Financial assistance


324. Authorisation of financial assistance
325. Federal Court may certify that application was reasonable
326. Applications under sections 163, 164, 164A and 167
327. Fees for 2 counsel not normally to be paid
328. Powers of Federal Court not affected
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Costs


329. Costs only where proceeding instituted vexatiously etc.
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 4—Inquiries and investigations

330. Registrar or staff may make inquiries
331. Registrar may conduct investigations
332. Investigations arising from auditor's report
333. Investigations arising from request from members
334. Investigations arising from referral under section 278
335. Conduct of investigations
336. Action following an investigation
337. Offences in relation to investigation by Registrar
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 4A—Protection for whistleblowers

337A. Disclosures qualifying for protection under this Part
337B. Disclosure that qualifies for protection not actionable etc.
337C. Victimisation prohibited
337D. Right to compensation
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 5—Jurisdiction of the Federal Court of
Australia

338. Jurisdiction of Federal Court
339. Exclusive jurisdiction
340. Exercise of Court's original jurisdiction
341. Reference of proceedings to Full Court
342. Appeal to the Court from certain judgments
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 6—Other

343. Delegation by Minister
344. Conduct by officers, directors, employees or agents
345. Right to participate in ballots
346. Requests by members for information concerning elections and certain ballots
347. Providing copy of rules or list of offices etc. on request by member
348. Certificate as to membership of organisation
349. List of officers to be evidence
350. Unauthorised collection of money
351. No imprisonment in default
352. Jurisdiction of courts limited as to area
353. Public sector employer to act through employing authority
354. Proceedings by and against unincorporated clubs
355. Inspection of documents etc.
356. Trade secrets etc. tendered as evidence
357. Application of penalty
358. Enforcement of penalties etc.
359. Regulations
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Part 7—Complementary registration systems


SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 1—Application of this Part


360. Complementary registration systems
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 2—Preliminary


361. Definitions
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 3—Branch rules


362. Branch funds
363. Obligations of Commission in relation to application under section 158
364. Branch autonomy
365. Organisation may participate in State systems
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 4—Amalgamation of organisation and associated body


366. Organisation and associated body may amalgamate
367. Procedure for amalgamation
SCHEDULE 1B WORKPLACE RELATIONS ACT 1996
Division 5—Exercise of Commission's powers


368. Exercise of Commission's powers under this Part
WORKPLACE RELATIONS ACT 1996
Schedule 1—Interpretation for purposes of additional operation of Act

WORKPLACE RELATIONS ACT 1996
Schedule 2—Oath or affirmation of office

WORKPLACE RELATIONS ACT 1996
Schedule 10—Convention concerning termination of employment at the initiative of the employer

WORKPLACE RELATIONS ACT 1996
Schedule 12—Convention concerning equal opportunities and equal treatment for men and women workers: workers with family responsibilities

WORKPLACE RELATIONS ACT 1996
Schedule 14—Parental leave

WORKPLACE RELATIONS ACT 1996
Notes to the Workplace Relations Act 1996

WORKPLACE RELATIONS ACT 1996
Table of Amendments

Note 2

Table A

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