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2002
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
WORKPLACE RELATIONS AMENDMENT (PROHIBITION OF COMPULSORY
UNION FEES) BILL 2002
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by authority of the Minister for Employment and Workplace Relations, the
Honourable Tony Abbott MP)
WORKPLACE RELATIONS AMENDMENT (PROHIBITION OF COMPULSORY
UNION FEES) BILL 2002
(Amendments to be moved on behalf of the Government)
OUTLINE
Amendments are proposed to the Workplace Relations Amendment (Prohibition of Compulsory
Union Fees) Bill 2002 (the Bill), to modify the definition of ‘bargaining services fee’ and insert
two new provisions into the Bill relating to contracts for bargaining services.
The amendments would:

redefine ‘bargaining services fee’ to clarify that the restrictions and prohibitions proposed
in the Bill which address fees in respect of which bargaining services are provided also
cover fees which are in respect of bargaining services which have not been, but which are
purported to have been, provided;

clarify that an industrial association can demand payment of a bargaining services fee
that is payable under a contract; and

make clear that the Division does not prevent 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.
FINANCIAL IMPACT STATEMENT
The amendments proposed to the Bill are budget neutral.
NOTES ON AMENDMENTS
Amendment No. 1 – Schedule 1, item 4, page 3 (line 23)
This amendment proposes to insert additional words into the definition of ‘bargaining services
fee’. The definition presently provides that such a fee is one payable to an industrial association
or someone else in lieu of an industrial association, for the provision of bargaining services.
This does not include the membership dues of the association. The amendment will insert the
words ‘or purported provision’ in relation to bargaining services.
The effect of the amendment would be to make clear that the provisions of the Bill (for example
prohibition of discriminatory conduct on account of non-payment of a bargaining services fee;
prohibition on demanding such a fee; removal of clauses in agreements providing for payment of
such a fee) will apply in circumstances where bargaining services have not been provided but are
purported to have been provided to the person from whom a fee is being sought.
Amendment No. 2 – Schedule 1, item 9, page 5 (after line 4)
This amendment would insert a new provision [subsection 298SA(1A)] into the Bill to clarify
that the prohibition on an industrial association demanding a bargaining services fee (proposed
by item 9) does not prevent such an association from demanding payment of a bargaining
services fee that is payable to the association under a contract for the provision of bargaining
services.
Amendment No. 3 – Schedule 1, item 9, page 5 (after line 14)
This amendment would insert a new provision [new section 298SBA] into the Bill to make clear
that nothing in Division 5 of Part XA 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.