Senate

Revised Explanatory Memorandum

(Circulated by authority of the Minister for Employment and Workplace Relations, the Honourable Kevin Andrews MP)

SCHEDULES

SCHEDULE 1 - AMENDMENT OF THE WORKPLACE RELATIONS ACT 1996

Schedule 1 proposes amendments to the WR Act consequential upon the commencement of the BCII Act.

Many of the items will insert references to the BCII Act into the WR Act.

Item 1 provides that unless the contrary intention appears BCII Act means the Building and Construction Industry Improvement Act 2005 .

Item 7 repeals and substitutes section 124(1) of the WR Act. This is a substantive provision which would ensure that the AIRC does not have the power to deal with a claim for the making of payment to employees in relation to a period during which those employees engaged, or engage in industrial action (within the meaning of section 4 of the WR Act) or building industrial action that is constitutionally-connected action (within the meaning of section 36 of the BCII Act).

SCHEDULE 2 - AMENDMENT OF OTHER ACTS

Item 1 will amend paragraph (a) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act) to insert a reference to the BCII Act. This amendment will exempt decisions made under the BCII Act from the operation of the ADJR Act. This is consistent with the existing exemption for the WR Act and its predecessors.

Item 2 provides that new paragraph 4(4)(a) be inserted in the Jurisdiction of Courts (Cross-vesting) Act 1987 , to refer to the BCII Act.

SCHEDULE 3 - AMENDMENT OF THE FINANCIAL MANAGEMENT AND ACCOUNTABILITY REGULATIONS 1997

3.1 This Schedule will amend the Financial Management and Accountability Regulations 1997 to prescribe the Office of the ABC Commissioner as a prescribed agency for purposes of the Financial Management and Accountability Act 1997 .