Commonwealth: Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth)

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 No. 79, 2022 An Act to abolish the Registered Organisations Commission and the Australian Building and Construction Commission and to amend the law relating to workplace relations, and workers' compensation and rehabilitation, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules 4 Review of operation of amendments Schedule 1—Amendments Part 1—Abolition of the Registered Organisations Commission Division 1—Main amendments Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Division 2—Consequential amendments Fair Work Act 2009 Fair Work (Registered Organisations) Act 2009 Division 3—Application, saving and transitional provisions Part 2—Additional registered organisations enforcement options Fair Work (Registered Organisations) Act 2009 Part 3—Abolition of the Australian Building and Construction Commission Division 1—General amendments Building and Construction Industry (Improving Productivity) Act 2016 Division 2—Abolition of the Australian Building and Construction Commission etc. Building and Construction Industry (Improving Productivity) Act 2016 Division 3—Consequential amendments Fair Work (Registered Organisations) Act 2009 Jurisdiction of Courts (Cross‑vesting) Act 1987 Division 4—Repeals Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 Building and Construction Industry Improvement (Consequential and Transitional) Act 2005 Division 5—General transitional provisions Part 4—Objects of the Fair Work Act Fair Work Act 2009 Part 5—Equal remuneration Fair Work Act 2009 Part 6—Expert panels Fair Work Act 2009 Part 7—Prohibiting pay secrecy Fair Work Act 2009 Part 8—Prohibiting sexual harassment in connection with work Division 1—Main amendments Fair Work Act 2009 Division 2—Amendments relating to ILO Convention (No. 190) Fair Work Act 2009 Part 9—Anti‑discrimination and special measures Fair Work Act 2009 Part 10—Fixed term contracts Fair Work Act 2009 Part 11—Flexible work Division 1—Family and domestic violence (main amendments) Fair Work Act 2009 Division 2—Family and domestic violence (consequential amendments) Fair Work Act 2009 Division 3—Grounds for refusing requests Fair Work Act 2009 Division 4—Civil remedies and dispute resolution Fair Work Act 2009 Division 5—Pregnancy Fair Work Act 2009 Part 12—Termination of enterprise agreements after nominal expiry date Fair Work Act 2009 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 Part 13—Sunsetting of "zombie" agreements etc. Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 Part 14—Enterprise agreement approval Fair Work Act 2009 Part 15—Initiating bargaining Fair Work Act 2009 Part 16—Better off overall test Fair Work Act 2009 Part 17—Dealing with errors in enterprise agreements Fair Work Act 2009 Part 18—Bargaining disputes Fair Work Act 2009 Part 19—Industrial action Division 2—Protected action ballot agents Fair Work Act 2009 Division 3—Protected action ballots and multi‑enterprise agreements Fair Work Act 2009 Division 4—Notice requirements for industrial action Fair Work Act 2009 Division 5—Mediation and conciliation Fair Work Act 2009 Part 20—Supported bargaining Fair Work Act 2009 Part 21—Single interest employer authorisations Fair Work Act 2009 Part 22—Varying enterprise agreements to remove employers and their employees Fair Work Act 2009 Part 23—Cooperative workplaces Fair Work Act 2009 Part 23A—Excluded work Fair Work Act 2009 Part 24—Enhancing the small claims processes Fair Work Act 2009 Part 25—Prohibiting employment advertisements with pay rate that would contravene the Act Fair Work Act 2009 Part 25AA—Having regard to certain additional matters in performing functions Fair Work Act 2009 Part 25A—Establishment of the National Construction Industry Forum Fair Work Act 2009 Part 25B—Unpaid parental leave Division 1—Main amendments Fair Work Act 2009 Division 2—Civil remedies and dispute resolution Fair Work Act 2009 Part 26—Application, saving, transitional and miscellaneous consequential provisions Division 1—Application, saving and transitional provisions Fair Work Act 2009 Division 2—Consequential amendments relating to multiple measures dealing with variation of enterprise agreements Fair Work Act 2009 Part 27—Amendment of the Safety, Rehabilitation and Compensation Act 1988 Safety, Rehabilitation and Compensation Act 1988 Part 28—Paid family and domestic violence leave Division 1—Main amendments Fair Work Act 2009 Division 2—Other amendments Fair Work Act 2009 Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 No. 79, 2022 An Act to abolish the Registered Organisations Commission and the Australian Building and Construction Commission and to amend the law relating to workplace relations, and workers' compensation and rehabilitation, and for related purposes [Assented to 6 December 2022] The Parliament of Australia enacts: 1 Short title This Act is the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 6 December 2022 2. Schedule 1, Part 1, Divisions 1 and 2 A single day to be fixed by Proclamation. 6 March 2023 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2023N00020) 3. Schedule 1, items 161 to 163 The day after this Act receives the Royal Assent. 7 December 2022 4. Schedule 1, items 164 to 170 At the same time as the provisions covered by table item 2. 6 March 2023 5. Schedule 1, Part 2 At the same time as the provisions covered by table item 2. 6 March 2023 6. Schedule 1, Part 3, Division 1 The day after this Act receives the Royal Assent. 7 December 2022 7. Schedule 1, Part 3, Divisions 2 to 4 A single day to be fixed by Proclamation. 6 February 2023 However, if the provisions do not commence within the period of 2 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 8. Schedule 1, Part 3, Division 5 The day after this Act receives the Royal Assent. 7 December 2022 9. Schedule 1, Part 4 The day after this Act receives the Royal Assent. 7 December 2022 10. Schedule 1, Part 5 The day after this Act receives the Royal Assent. 7 December 2022 11. Schedule 1, Part 6 A single day to be fixed by Proclamation. 6 March 2023 However, if the provisions do not commence within the period of 3 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 12. Schedule 1, Part 7 The day after this Act receives the Royal Assent. 7 December 2022 13. Schedule 1, Part 8, Division 1 The day after the end of the period of 3 months beginning on the day this Act receives the Royal Assent. 6 March 2023 14. Schedule 1, Part 8, Division 2 The later of: 9 June 2024 (a) immediately after the commencement of the provisions covered by table item 13; and (F2023N00575) (b) the start of the day the ILO Convention (No. 190) concerning Violence and Harassment, done at Geneva on 21 June 2019, comes into force for Australia. (paragraph (b) applies) However, the provisions do not commence at all if the Convention does not come into force for Australia before the end of the period of 2 years beginning on the day the provisions covered by table item 13 commence. The Minister must announce, by notifiable instrument, the day the Convention comes into force for Australia, if that day is before the end of the period of 2 years beginning on the day the provisions covered by table item 13 commence. 15. Schedule 1, Part 9 The day after this Act receives the Royal Assent. 7 December 2022 16. Schedule 1, Part 10 A single day to be fixed by Proclamation. 6 December 2023 However, if the provisions do not commence within the period of 12 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 17. Schedule 1, Part 11 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 6 June 2023 18. Schedule 1, Part 12 The day after this Act receives the Royal Assent. 7 December 2022 19. Schedule 1, Part 13 Immediately after the commencement of the provisions covered by table item 18. 7 December 2022 20. Schedule 1, Part 14 At the same time as the provisions covered by table item 27. 6 June 2023 21. Schedule 1, Part 15 The day after this Act receives the Royal Assent. 7 December 2022 22. Schedule 1, Part 16 A single day to be fixed by Proclamation. 6 June 2023 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 23. Schedule 1, Part 17 The day after this Act receives the Royal Assent. 7 December 2022 24. Schedule 1, Part 18 At the same time as the provisions covered by table item 27. 6 June 2023 25. Schedule 1, Part 19 A single day to be fixed by Proclamation. 6 June 2023 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 27. Schedule 1, Part 20 A single day to be fixed by Proclamation. 6 June 2023 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 28. Schedule 1, Part 21 At the same time as the provisions covered by table item 27. 6 June 2023 29. Schedule 1, Part 22 At the same time as the provisions covered by table item 27. 6 June 2023 30. Schedule 1, Part 23 At the same time as the provisions covered by table item 27. 6 June 2023 30A. Schedule 1, Part 23A At the same time as the provisions covered by table item 27. 6 June 2023 31. Schedule 1, Part 24 The later of: 1 July 2023 (a) the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) 1 July 2023. 32. Schedule 1, Parts 25 and 25AA The day after this Act receives the Royal Assent. 7 December 2022 32A. Schedule 1, Part 25A 1 July 2023. 1 July 2023 32B. Schedule 1, Part 25B Immediately after the commencement of the provisions covered by table item 17. 6 June 2023 33. Schedule 1, Part 26, Division 1 The day after this Act receives the Royal Assent. 7 December 2022 34. Schedule 1, Part 26, Division 2 At the same time as the provisions covered by table item 27. 6 June 2023 35. Schedule 1, Part 27 The day after this Act receives the Royal Assent. 7 December 2022 36. Schedule 1, Part 28, Division 1 The later of: 1 February 2023 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) immediately after the commencement of Schedule 1 to the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. 37. Schedule 1, Part 28, Division 2 The later of: 9 June 2024 (a) the start of the day after this Act receives the Royal Assent; and (paragraph (b) applies) (b) immediately after the commencement of Schedule 2 to the Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022. Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation 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. 4 Review of operation of amendments (1) The Minister must cause a review to be conducted of the operation of the amendments made by this Act. (2) Without limiting the matters that may be considered when conducting the review, the review must: (a) consider whether the operation of the amendments made by this Act is appropriate and effective; and (b) identify any unintended consequences of the amendments made by this Act; and (c) consider whether amendments to the Fair Work Act 2009, or any other legislation, are necessary to: (i) improve the operation of the amendments made by this Act; or (ii) rectify any unintended consequences identified under paragraph (b). (3) The review must start no later than 2 years after this section commences. (4) The persons who conduct the review must give the Minister a written report of the review within 6 months of the commencement of the review. (5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report. Schedule 1—Amendments Part 1—Abolition of the Registered Organisations Commission Division 1—Main amendments Fair Work Act 2009 1 Subsection 652(1) (at the end of note 2) Add "Section 329D of the Registered Organisations Act sets out additional requirements for the General Manager's report.". 2 Subsection 657(1A) (note) Omit "Note", substitute "Note 1". 3 At the end of subsection 657(1A) Add: Note 2: Section 329A of the Registered Organisations Act confers additional functions on the General Manager. 4 At the end of section 658 Add: ; or (d) the direction relates to the General Manager's performance of functions or exercise of powers under the Registered Organisations Act. Fair Work (Registered Organisations) Act 2009 5 Section 317 Omit: Part 3A establishes the Registered Organisations Commission and Registered Organisations Commissioner, provides for the terms and conditions of appointment of the Commissioner and makes provision for staff to assist the Commissioner. The Registered Organisations Commission Special Account is also established by the Part. Part 3B sets out the circumstances in which the Commissioner or the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act. Part 4 provides for the Commissioner to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The Commissioner may also conduct investigations. substitute: Part 3A confers certain functions on the General Manager. It imposes reporting requirements on the General Manager. Part 3B sets out the circumstances in which the General Manager may disclose information obtained in the performance of functions or exercise of powers under this Act. Part 4 provides for the General Manager to make inquiries as to compliance with financial accountability requirements and civil penalty provisions. The General Manager may also conduct investigations. 6 Part 3A of Chapter 11 Repeal the Part, substitute: Part 3A—Functions of General Manager 329A Functions of the General Manager (1) The General Manager has the following functions: (a) to promote: (i) efficient management of organisations and high standards of accountability of organisations and their office holders to their members; and (ii) compliance with financial reporting and accountability requirements of this Act; including by providing education, assistance and advice to organisations and their members; (b) to monitor acts and practices to ensure they comply with the provisions of this Act providing for the democratic functioning and control of organisations; (c) to do anything incidental to or conducive to the performance of any of the above functions. Note: Section 657 of the Fair Work Act sets out the General Manager's powers. (2) In performing functions and exercising powers under this Act, the General Manager must seek to embed within organisations a culture of good governance and voluntary compliance with the law. 329C Minister may require reports (1) The Minister may, in writing, direct the General Manager to give the Minister specified reports relating to the General Manager's functions under this Act. (2) The General Manager must comply with the direction. (3) The direction, or the report (if made in writing), is not a legislative instrument. 329D Annual report The annual report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following in relation to the period: (a) details of the number and types of investigations conducted by the General Manager under Part 4 of Chapter 11 of this Act; (b) details of: (i) when each investigation was started; and (ii) if the investigation has been completed—when it was completed; and (iii) if the investigation has not been completed—when it is expected to be completed; (c) details of any orders applied for under subsection 310(1) of this Act; (d) details of the types of education activities undertaken by the General Manager and whether the education activities were provided to: (i) registered employer organisations; or (ii) registered employee organisations; or (iii) members of registered employer organisations; or (iv) members of registered employee organisations; (e) any other matter prescribed by the regulations. Division 2—Consequential amendments Fair Work Act 2009 7 Paragraph 604(1)(b) Repeal the paragraph, substitute: (b) made under the Registered Organisations Act by the General Manager (including a delegate of the General Manager); 8 Subsection 607(1) Omit ", the General Manager or the Registered Organisations Commissioner", substitute "or the General Manager". 9 Subparagraph 613(2)(a)(ii) Omit "Act; or", substitute "Act; and". 10 Subparagraph 613(2)(a)(iii) Repeal the subparagraph. 11 At the end of section 696 Add: (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Office of the Fair Work Ombudsman is a listed entity; and (b) the Fair Work Ombudsman is the accountable authority of the Office of the Fair Work Ombudsman; and (c) the following persons are officials of the Office of the Fair Work Ombudsman: (i) the Fair Work Ombudsman; (ii) the staff of the Office of the Fair Work Ombudsman; (iii) the inspectors appointed under section 700; (iv) persons whose services are made available to the Fair Work Ombudsman under section 698; (v) consultants engaged under section 699; and (d) the purposes of the Office of the Fair Work Ombudsman include: (i) the functions of the Fair Work Ombudsman referred to in section 682; and (ii) the functions of inspectors under Subdivision D. Fair Work (Registered Organisations) Act 2009 12 Section 6 (paragraph (a) of the definition of authorised official) Repeal the paragraph. 13 Section 6 Repeal the following definitions: (a) definition of Commission; (b) definition of Commissioner. 14 Subsection 28(1A) Omit "Commissioner may", substitute "General Manager may". 15 Subsection 28(1A) (note) Omit "Commissioner", substitute "General Manager". 16 Paragraph 94A(4)(c) Repeal the paragraph, substitute: (c) the General Manager. 17 Subsection 95(3A) Omit "or the Commissioner" (first occurring). 18 Paragraph 95(3A)(a) Omit "or the Commissioner, as the case requires,". 19 Subsections 95(3B) and (3C) Omit "or the Commissioner". 20 Subsection 95A(7) Omit "or the Commissioner" (first occurring). 21 Paragraph 95A(7)(a) Omit "or the Commissioner, as the case requires,". 22 Subsections 95A(8) and (9) Omit "or the Commissioner". 23 Paragraph 102(1A)(a) Omit "Commissioner", substitute "General Manager". 24 Subsection 183(1) Omit "Commissioner", substitute "FWC". 25 Subsection 183(4) Omit "Commissioner", substitute "General Manager". 26 Subsection 184(2) Omit "Commissioner", substitute "General Manager". 27 Section 186 (heading) Omit "Commissioner", substitute "General Manager". 28 Subsections 186(1) and (2) Omit "Commissioner" (wherever occurring), substitute "General Manager". 29 Subsection 187(3) Omit "Commissioner", substitute "FWC". 30 Section 189 (heading) Omit "Commissioner", substitute "General Manager". 31 Subsection 189(1) Omit "Commissioner", substitute "FWC". 32 Subsection 189(2) Omit "Commissioner", substitute "General Manager". 33 Subsection 189(3) Repeal the subsection, substitute: (3) If: (a) the prescribed information is lodged with the FWC by the organisation or branch (whether or not before the prescribed day or the later day allowed by the General Manager); and (b) the General Manager is satisfied that an election is required to be held under the rules of the organisation or branch; and (c) if the election is not an election for an office—the organisation or branch has made a request under section 187; the General Manager must arrange for the conduct of the election by the AEC. 34 Paragraph 192(2)(b) Omit "Commissioner", substitute "FWC". 35 Paragraph 197(1)(a) Omit "Commissioner", substitute "General Manager". 36 Subparagraph 198(6)(b)(i) Omit "Commissioner", substitute "FWC". 37 Section 202 (heading) Omit "Commissioner", substitute "General Manager". 38 Subsection 202(1) Omit "Commissioner", substitute "General Manager". 39 Subsection 202(2) Omit "Commissioner is authorised for the purposes of subsection (1), he or she", substitute "General Manager is authorised for the purposes of subsection (1), the General Manager". 40 Paragraph 202(2)(b) Omit "he or she" (wherever occurring), substitute "the General Manager". 41 Paragraph 202(2)(c) Omit "him or her", substitute "the General Manager". 42 Paragraph 202(2)(e) Omit "him or her, or of which he or she", substitute "the General Manager, or of which the General Manager". 43 Paragraph 202(5)(b) Omit "Commissioner, or a person acting on his or her behalf", substitute "General Manager, or a person acting on the General Manager's behalf". 44 Subsection 203(1) Repeal the subsection, substitute: Issue of identity card (1) The General Manager must issue an identity card to each member of the staff of the FWC (an official) to whom powers of the General Manager under section 202 have been delegated under section 343A. 45 Paragraph 203(6)(b) Repeal the paragraph, substitute: (b) the person ceases to be a member of the staff of the FWC to whom powers of the General Manager under section 202 have been delegated under section 343A; and 46 Paragraph 203(6)(c) Omit "Commissioner", substitute "General Manager". 47 Paragraph 206(4)(c) Omit "Commissioner", substitute "General Manager". 48 Section 207 (heading) Omit "Commissioner", substitute "General Manager". 49 Section 207 Omit "the Commissioner", substitute "the General Manager". 50 Subsection 215(5) Omit "Commissioner", substitute "General Manager". 51 Section 229 Omit "Commissioner" (wherever occurring), substitute "FWC". 52 Section 233 (heading) Omit "Commissioner", substitute "FWC". 53 Subsections 233(1) and (2) Omit "Commissioner", substitute "FWC". 54 Subsections 234(3) and (4) Omit "Commissioner" (wherever occurring), substitute "General Manager". 55 Section 235 (heading) Omit "Commissioner", substitute "General Manager". 56 Subsection 235(1) Omit "Commissioner" (wherever occurring), substitute "General Manager". 57 Section 236 (heading) Omit "Commissioner", substitute "General Manager". 58 Subsections 236(1) to (5) Omit "Commissioner" (wherever occurring), substitute "General Manager". 59 Subsection 237(1) Omit "as the Commissioner allows), lodge with the Commissioner", substitute "as the General Manager allows), lodge with the FWC". 60 Subsections 237(2) and (4) Omit "Commissioner", substitute "FWC". 61 Subsections 241(1) and (2) Omit "Commissioner", substitute "General Manager". 62 Subsections 246(3), 247(1A) and 249(5A) and (6A) Repeal the subsections. 63 Subsection 255(1) Omit "Commissioner must, by written determination published in the Gazette,", substitute "General Manager must, by legislative instrument,". 64 Subsection 255(4) Omit "Commissioner", substitute "General Manager". 65 Subsection 255A(1) Omit "Commissioner", substitute "General Manager". 66 Paragraph 255A(2)(a) Omit "Commissioner", substitute "General Manager". 67 Section 255B (heading) Omit "Commissioner", substitute "General Manager". 68 Subsections 255B(2) and (3) Omit "Commissioner" (wherever occurring), substitute "General Manager". 69 Paragraph 255C(1)(b) Omit "Commissioner", substitute "General Manager". 70 Subsection 255C(2) Omit "Commissioner's", substitute "General Manager's". 71 Section 255D (heading) Omit "Commissioner", substitute "General Manager". 72 Subsections 255D(1) and (2) Omit "Commissioner" (wherever occurring), substitute "General Manager". 73 Subsections 255E(2) to (4) Omit "Commissioner" (wherever occurring), substitute "General Manager". 74 Section 255F (heading) Omit "Commissioner", substitute "General Manager". 75 Subsection 255F(1) Omit "Commissioner" (wherever occurring), substitute "General Manager". 76 Subparagraph 255F(2)(b)(i) Omit "Commissioner", substitute "General Manager". 77 Subsections 255G(1) to (4) Omit "Commissioner" (wherever occurring), substitute "General Manager". 78 Section 255H Omit "Commissioner", substitute "General Manager". 79 Sections 255J and 255K Omit "Commissioner" (wherever occurring), substitute "General Manager". 80 Section 255L (heading) Omit "Commissioner", substitute "General Manager". 81 Subsections 255L(1) and (2) Omit "Commissioner", substitute "General Manager". 82 Paragraph 255N(2)(a) Omit "Commissioner", substitute "General Manager". 83 Subsection 256A(2) Omit "Commissioner", substitute "General Manager". 84 Subsection 257(11) Omit "Commissioner", substitute "General Manager". 85 Subsection 261(2) Omit "Commissioner", substitute "FWC". 86 Subsection 265(5) Omit "Commissioner", substitute "General Manager". 87 Subsection 266(1) Omit "Commissioner", substitute "General Manager". 88 Section 268 (heading) Omit "Commissioner", substitute "FWC". 89 Section 268 Omit "as the Commissioner allows", substitute "as the General Manager allows". 90 Section 268 Omit "with the Commissioner", substitute "with the FWC". 91 Paragraph 269(2)(a) Omit "Commissioner", substitute "General Manager". 92 Paragraph 269(2)(c) Omit "Commissioner", substitute "FWC". 93 Subsection 270(1) Omit "Commissioner" (wherever occurring), substitute "General Manager". 94 Paragraph 270(3)(c) Omit "Commissioner" (wherever occurring), substitute "FWC". 95 Subsection 270(7) Omit "as the Commissioner allows", substitute "as the General Manager allows". 96 Subsection 270(7) Omit "lodge with the Commissioner", substitute "lodge with the FWC". 97 Subsections 271(1) and (3) Omit "Commissioner" (wherever occurring), substitute "General Manager". 98 Section 272 (heading) Omit "Commissioner", substitute "General Manager". 99 Subsections 272(1) and (4) Omit "Commissioner" (wherever occurring), substitute "General Manager". 100 Subsection 278(2) Omit "Commissioner", substitute "General Manager". 101 Subsection 293H(1) Omit "Commissioner", substitute "General Manager". 102 Subsections 293H(3), (4), (6) and (7) Omit "Commissioner" (wherever occurring), substitute "General Manager". 103 Subparagraphs 293J(1)(b)(ii) and (2)(b)(ii) Omit "Commissioner", substitute "FWC". 104 Paragraph 293K(1)(a) Omit "Commissioner", substitute "General Manager". 105 Subsection 293L(1) Omit "Commissioner" (wherever occurring), substitute "General Manager". 106 Section 293M (heading) Omit "Commissioner", substitute "General Manager". 107 Subsections 293M(1) to (3) Omit "Commissioner" (wherever occurring), substitute "General Manager". 108 Paragraphs 310(1)(a) and (b) Repeal the paragraphs, substitute: (a) the General Manager; (b) a person authorised in writing by the General Manager to make the application. 109 Subsection 329G(1) Repeal the subsection, substitute: Information to which this section applies (1) This section applies to information acquired by the General Manager or a member of the staff of the FWC in the performance of functions or exercise of powers under this Act. 110 Subsection 329G(2) Omit "Commissioner or General Manager may disclose, or authorise the disclosure of, the information if he or she", substitute "General Manager may disclose, or authorise the disclosure of, the information if the General Manager". 111 Paragraph 329G(2)(a) Omit "his or her", substitute "the General Manager's". 112 Section 330 (heading) Omit "Commissioner", substitute "General Manager". 113 Subsections 330(1) and (2) Omit "Commissioner", substitute "General Manager". 114 Section 331 (heading) Omit "Commissioner", substitute "General Manager". 115 Subsections 331(1) to (4) Omit "Commissioner" (wherever occurring), substitute "General Manager". 116 Subsection 332(1) Omit "the Commissioner must", substitute "the General Manager must". 117 Paragraph 332(1)(a) Omit "Commissioner", substitute "FWC". 118 Paragraph 332(1)(b) Omit "Commissioner", substitute "General Manager". 119 Subsections 332(2) and (3) Omit "Commissioner" (wherever occurring), substitute "General Manager". 120 Subsection 333(1) Omit "lodged with the Commissioner", substitute "lodged with the FWC". 121 Subsection 333(1) Omit "request the Commissioner", substitute "request the General Manager". 122 Subsections 333(2) and (3) Omit "Commissioner" (wherever occurring), substitute "General Manager". 123 Section 334 Omit "Commissioner" (wherever occurring), substitute "General Manager". 124 Subsections 335(1) and (2) Omit "Commissioner" (wherever occurring), substitute "General Manager". 125 Section 335B Omit "Commissioner", substitute "General Manager". 126 Paragraph 335E(2)(b) Repeal the paragraph, substitute: (b) the General Manager or a member of the staff of the FWC authorised by the General Manager to be present; or 127 Subsection 335K(1) Omit "Commissioner", substitute "General Manager". 128 Subsection 335N(8) Omit "Commissioner" (wherever occurring), substitute "General Manager". 129 Subsection 336(1) (heading) Omit "Commissioner", substitute "General Manager". 130 Subsection 336(1) Omit "the Commissioner" (wherever occurring), substitute "the General Manager". 131 Subsection 336(1A) (heading) Omit "Commissioner", substitute "General Manager". 132 Subsection 336(1A) Omit "The Commissioner", substitute "The General Manager". 133 Subsection 336(2) (heading) Omit "Commissioner", substitute "General Manager". 134 Subsection 336(2) Omit "the Commissioner", substitute "the General Manager". 135 Subsections 336(3) and (5) Omit "Commissioner", substitute "General Manager". 136 Section 337 (heading) Omit "Commissioner", substitute "General Manager". 137 Subparagraphs 337(1)(a)(ii) and (iii) Omit "Commissioner", substitute "General Manager". 138 Paragraph 337(1)(c) Omit "Commissioner", substitute "General Manager". 139 Subsection 337AC(1) Omit "Commissioner" (wherever occurring), substitute "General Manager". 140 Paragraphs 337AM(a) and (b) Omit "Commissioner", substitute "General Manager". 141 Subsections 337AP(1) and (2) Omit "Commissioner" (wherever occurring), substitute "General Manager". 142 Subparagraph 337A(1)(b)(ia) Repeal the subparagraph. 143 Paragraph 337BB(4)(b) Repeal the paragraph. 144 Subsection 337CB(2) Omit "Commissioner" (wherever occurring), substitute "General Manager". 145 Paragraph 337CB(2)(a) Omit "Commissioner's", substitute "General Manager's". 146 Paragraph 337CB(3)(a) Omit "Commissioner", substitute "General Manager". 147 Paragraph 337CC(2)(b) Omit "Commissioner", substitute "General Manager". 148 Paragraph 337K(3)(a) Omit "and to the Commissioner". 149 Paragraph 343A(2)(b) Omit "154C(1),". 150 After paragraph 343A(2)(b) Insert: (c) subsection 183(4); (d) any provision of Part 3 or 4 of Chapter 7 (other than section 202); (e) any provision of Division 1, 2 or 3, or Subdivision B of Division 4, of Part 3 of Chapter 8; (f) subsection 278(2); 151 After paragraph 343A(2)(h) Insert: (i) subsection 329G(2); (j) section 334; (ja) section 335; (jb) section 335K; (jc) subsection 336(1), (2), (3) or (5); 152 Paragraph 343A(3)(aa) Repeal the paragraph. 153 After paragraph 343A(3)(c) Insert: (d) Subdivision A of Division 4 of Part 3 of Chapter 8; (e) subsection 293L(1); 154 Paragraph 343A(3)(h) After "other than", insert "a provision of Part 4 of that Chapter or". 155 After subsection 343A(3) Insert: (3A) Despite subsection (1), the General Manager's functions or powers under section 330, 331, 332 or 333 can only be delegated to: (a) a member of the staff of the FWC; or (b) any other person or body the General Manager is satisfied has substantial or significant experience or knowledge in at least one of the following fields: (i) accounting; (ii) auditing; (iii) financial reporting; (iv) conducting compliance audits or investigations; (v) a field prescribed by the regulations for the purposes of this subparagraph. (3B) Despite subsection (1), functions and powers under Division 3 of Part 4 (questioning on oath or affirmation) can only be delegated to a member of the staff of the FWC who is an SES employee or an acting SES employee. 156 Section 343B Repeal the section. 157 Paragraph 347(1)(c) Omit "with the Commissioner". 158 Section 348 Omit "or the Commissioner". 159 Section 349 Omit "lodged with the Commissioner", substitute "lodged with the FWC". 160 Section 349 Omit "certified by the Commissioner", substitute "certified by the General Manager". Division 3—Application, saving and transitional provisions 161 Definitions In this Division: commencement time means the commencement of Division 1. Commissioner means the Registered Organisations Commissioner holding office under Part 3A of Chapter 11 of the principal Act before the commencement time. principal Act means the Fair Work (Registered Organisations) Act 2009. 162 Acts Interpretation Act 1901 This Division does not limit section 7 of the Acts Interpretation Act 1901. 163 General Manager can require information The General Manager may, before the commencement time, for the purposes of performing or exercising the General Manager's functions or powers under the principal Act after the commencement time, require the Commissioner to disclose to the General Manager information acquired by the Commissioner or a member of the staff assisting the Commissioner in the performance or exercise of functions or powers under the principal Act before the commencement time. 164 General Manager to complete certain processes (1) This item applies if: (a) a process begun under the principal Act is incomplete at the commencement time; and (b) a function or power that the Commissioner was required, or able, to perform or exercise in relation to the process is, because of the amendments made by this Part, no longer conferred on the Commissioner; and (c) after the commencement time, the function or power is conferred on the General Manager. (2) For the purposes of completing the process: (a) the General Manager must or may, as the case requires, perform the function or exercise the power; and (b) things done by or in relation to the Commissioner before the commencement time have effect as if they were done by or in relation to the General Manager. 165 General Manager substituted as party to proceedings If, immediately before the commencement time, the Commissioner is a party to proceedings pending in any court or tribunal, the General Manager is substituted for the Commissioner as a party to the proceedings at the commencement time. 166 Conduct, events or circumstances occurring before the commencement time To avoid doubt, the General Manager may perform a function, or exercise a power, under the principal Act, as amended by this Part, in relation to conduct engaged in, an event that occurred, or a circumstance that arose before the commencement time. 167 Extensions, exemptions, certificates, instruments, approvals and requests Extensions (1) The principal Act, as amended by this Part, has effect, after the commencement time, as if any extension of time (however described) allowed by the Commissioner before the commencement time under a provision of the principal Act that relates to a time after the commencement time had been allowed by the General Manager under the provision as amended by this Part. Exemptions and permissions (2) Any exemption or permission granted by the Commissioner that was in force immediately before the commencement time under one of the following provisions of the principal Act has effect, after the commencement time, as if it had been granted by the General Manager under the provision as amended by this Part: (a) subsection 186(1) (exemption in relation to elections); (b) subsection 234(4) (permission to keep records at specified premises); (c) section 293M (exemption from financial training). Certificates (3) Any certificate issued by the Commissioner that was in force immediately before the commencement time under section 255F (certificate of registration as an auditor) of the principal Act has effect, after the commencement time, as if it had been issued by the General Manager under that section as amended by this Part. (4) Despite the amendments of section 348 of the principal Act made by this Part, that section continues to apply, in relation to any certificate stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation issued by the Commissioner before the commencement time, as if those amendments had not been made. Reporting guidelines (5) Any reporting guidelines issued by the Commissioner that are in force immediately before the commencement time under subsection 255(1) of the principal Act have effect, after the commencement time, as if they had been issued by the General Manager under that subsection as amended by this Part. Determinations, declarations and orders (6) Any determination, declaration or order made by the Commissioner that was in force immediately before the commencement time under one of the following provisions of the principal Act has effect, after the commencement time, as if it had been made by the General Manager under the provision as amended by this Part: (a) subsection 241(1) (exemption from certain Australian Accounting Standards); (b) subsection 256A(2) (declaration in relation to significant role in audit); (c) subsection 293H(3) (order for alternative disclosure arrangement). Training in relation to financial duties (7) The principal Act, as amended by this Part, has effect, after the commencement time, as if any training that was approved by the Commissioner as at immediately before the commencement time under subsection 293L(1) of the principal Act had been approved by the General Manager under that subsection as amended by this Part. Requests for action following investigation (8) The principal Act, as amended by this Part, has effect, after the commencement time, as if any notice that was issued under paragraph 336(2)(a) of the principal Act before the commencement time requesting a reporting unit to take specified action within a period that ends after the commencement time had been issued by the General Manager under that paragraph as amended by this Part. General (9) This item does not limit item 164. 168 Things given to the Commissioner before the commencement time Requirements met if documents given to the Commissioner (1) After the commencement time: (a) for the purposes of paragraph 189(3)(a) of the principal Act, information lodged with the Commissioner under subsection 189(1) of the principal Act before the commencement time is taken to have been lodged with the FWC under that subsection; and (b) for the purposes of subsection 236(5) of the principal Act, a copy of a document received by the Commissioner under section 236 of the principal Act before the commencement time is taken to have been received by the General Manager under that section; and (c) for the purposes of paragraph 255C(1)(b) of the principal Act, a subject certified by an appropriate authority of a university or other institution to the Commissioner to represent a course of study mentioned in subparagraphs 255C(1)(b)(i) and (ii) before the commencement time is taken to have been certified to the General Manager; and (d) for the purposes of paragraph 269(2)(c) of the principal Act, a copy of audited accounts lodged with the Commissioner under that paragraph before the commencement time is taken to have been lodged with the FWC under that paragraph; and (e) for the purposes of paragraph 332(1)(a) and subsection 333(1) of the principal Act, documents lodged with the Commissioner under section 268 of the principal Act before the commencement time are taken to have been lodged with the FWC under that section. References to documents lodged with the FWC or given to General Manager (2) After the commencement time: (a) the reference in subsection 237(4) of the principal Act to a statement lodged with the FWC under subsection 237(1) includes a reference to a statement lodged with the Commissioner under subsection 237(1) of the principal Act before the commencement time; and (b) the reference in subsection 261(2) of the principal Act to a document required by or under the principal Act to be lodged with the FWC includes a reference to a document required by or under the principal Act to be lodged with the Commissioner before the commencement time; and (c) the reference in paragraph 270(3)(c) of the principal Act to documents lodged with the FWC in accordance with subsection 270(7) of the principal Act includes a reference to documents lodged with the Commissioner in accordance with subsection 270(7) of the principal Act before the commencement time; and (d) the reference in subsection 329G(1) of the principal Act to information acquired by the General Manager in the performance of functions or exercise of powers under the principal Act includes a reference to information acquired by the Commissioner or a member of the staff assisting the Commissioner in the performance of functions or exercise of powers under the principal Act before the commencement time; and (e) the reference in section 349 of the principal Act to a list of the officers of an organisation or a branch of an organisation lodged with the FWC on behalf of the organisation, or a copy of any such list certified by the General Manager, includes a reference to such a list lodged with the Commissioner on behalf of the organisation, or a copy of such a list certified by the Commissioner, before the commencement time. 169 Other matters Auditors (1) Subitem (2) applies in relation to any of the following things done by the Commissioner before the commencement time under a provision of Subdivision A of Division 4 of Part 3 of Chapter 8 of the principal Act: (a) suspension of the registration of a person as an auditor for a period wholly or partly after the commencement time; (b) cancellation of the registration of a person as an auditor. (2) The principal Act, as amended by this Part, has effect, after the commencement time, as if the suspension or cancellation had been done by the General Manager under that provision as amended by this Part. Consultants (3) Subitem (4) applies in relation to any person who, immediately before the commencement time, was a consultant engaged by the Commissioner under section 329CC of the principal Act. (4) The person is taken, after the commencement time, to be a consultant engaged by the General Manager under section 673 of the Fair Work Act 2009 on the same terms and conditions. Protected disclosures (5) Despite the repeal of subparagraph 337A(1)(b)(ia) of the principal Act by this Part, that subparagraph continues to apply after the commencement time in relation to any disclosure made to the Commissioner or a member of the staff assisting the Commissioner before the commencement time, as if the repeal had not happened. Transfer of records (6) Subitem (7) applies to any records or documents that were in the possession of the Commissioner immediately before the commencement time. (7) The records and documents are to be transferred to the General Manager after the commencement time. 170 Transitional rules (1) The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to: (a) the amendments or repeals made by this Part; or (b) the enactment of this Part. (2) The rules may provide that they apply despite subsection 7(2) of the Acts Interpretation Act 1901. (3) To avoid doubt, the rules may not do the following: (a) create an offence or civil penalty; (b) provide powers of: (i) arrest or detention; or (ii) entry, search or seizure; (c) impose a tax; (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; (e) directly amend the text of this Act. (4) Despite subsection 12(2) of the Legislation Act 2003 and subject to subitem (5), the rules may be expressed to take effect from a date before the rules are registered under that Act. (5) If: (a) the rules are expressed to take effect from a date before the rules are registered under the Legislation Act 2003; and (b) a person engaged in conduct before the registration date; and (c) but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act; then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of that Act. Part 2—Additional registered organisations enforcement options Fair Work (Registered Organisations) Act 2009 171 Section 6 Insert: Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. 172 At the end of Chapter 1 Add: 16 Contravening an offence provision or a civil penalty provision (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty. (2) For the purposes of this Act, and the Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a civil penalty provision includes a reference to a contravention of the conduct provision. 173 Chapter 10 (heading) Repeal the heading, substitute: Chapter 10—Compliance and enforcement 174 Section 304 Repeal the section, substitute: 304 Simplified outline This Chapter provides for: (a) civil penalty orders for contraventions of civil penalty provisions; and (b) infringement notices; and (c) enforceable undertakings. A civil penalty order may be sought from the Federal Court for the contravention of a civil penalty provision (see Part 2 of this Chapter). Certain strict liability offences and civil penalty provisions are subject to an infringement notice under Part 5 of the Regulatory Powers Act (see Part 3 of this Chapter). A person can be given an infringement notice for an alleged contravention of a specified strict liability offence or civil penalty provision. The person can choose to pay an amount as an alternative to proceedings being brought against the person in relation to the alleged contravention. However, if the person chooses not to do so, proceedings can be brought against the person in relation to the alleged contravention. Undertakings to comply with this Act may be accepted and enforced under Part 6 of the Regulatory Powers Act (see Part 4 of this Chapter). If a person gives an undertaking, the undertaking may be enforced by a court order. 175 Part 2 of Chapter 10 (heading) Repeal the heading, substitute: Part 2—Civil penalties 176 At the end of Chapter 10 Add: Part 3—Infringement notices 316A Basic provisions for infringement notices under Part 5 of the Regulatory Powers Act Provisions subject to an infringement notice (1) The provisions listed in the following table are subject to an infringement notice under Part 5 of the Regulatory Powers Act. Provisions that are subject to an infringement notice Item Provision 1 Subsection 51(2) 2 Subsection 52(1) 3 Subsection 95(3C) 4 Subsection 103(2) 5 Subsection 104(1) 6 Section 169 7 Subsection 172(1) 8 Subsection 189(2) 9 Subsection 191(2) 10 Subsection 192(1) 11 Subsection 193(2) 12 Subsection 198(1) 13 Subsection 198(4) 14 Subsection 198(5) 15 Subsection 199(3) 16 Subsection 199(5) 17 Subsection 230(1) 18 Subsection 230(2) 19 Subsection 231(1) 20 Subsection 231(2) 21 Subsection 233(1) 22 Subsection 233(2) 23 Subsection 235(2) 24 Subsection 236(1) 25 Subsection 236(2) 26 Subsection 237(1) 27 Subsection 253(4) 28 Subsection 254(4) 29 Subsection 256(1) 30 Subsection 256(3) 31 Subsection 256(4) 32 Subsection 256(4A) 33 Subsection 256(5) 34 Subsection 256(6A) 35 Subsection 256A(1) 36 Section 259 37 Subsection 263(5) 38 Subsection 264(3) 39 Subsection 265(1) 40 Subsection 265(4) 41 Subsection 265(5) 42 Subsection 266(1) 43 Section 268 44 Subsection 270(4) 45 Subsection 270(5) 46 Subsection 270(6) 47 Subsection 270(7) 48 Subsection 272(3) 49 Subsection 272(5) 50 Subsection 276(1) 51