Commonwealth: National Workplace Relations Consultative Council Act 2002 (Cth)

National Workplace Relations Consultative Council Act 2002 No. 65, 1977 Compilation No. 10 Compilation date: 26 August 2024 Includes amendments: Act No. 2, 2024 Registered: 26 August 2024 About this compilation This compilation This is a compilation of the National Workplace Relations Consultative Council Act 2002 that shows the text of the law as amended and in force on 26 August 2024 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Introduction 1 Short title 2 Commencement 3 Definitions Part 2—Establishment of the National Workplace Relations Consultative Council 4 National Workplace Relations Consultative Council 5 Purpose of Council 6 Membership of Council 7 Resignation of members 8 Termination of appointment of members 9 Travelling allowance for members 10 Substitute members 10A Invited representatives 11 Meetings of Council 12 Committees Part 3—Establishment of the Digital Labour Platform Consultative Committee 12A Digital Labour Platform Consultative Committee 12B Purpose of Committee 12C Membership of Committee 12D Resignation of members 12E Termination of appointment of members 12F Substitute members 12G Meetings of Committee 12H Subcommittees Part 4—Other matters 13 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to establish a National Workplace Relations Consultative Council Part 1—Introduction 1 Short title This Act may be cited as the National Workplace Relations Consultative Council Act 2002. 2 Commencement This Act shall come into operation on the day on which it receives the Royal Assent. 3 Definitions In this Act, unless the contrary intention appears: appointed member means a member appointed by the Minister under subsection 6(2). Committee means the Digital Labour Platform Consultative Committee. Council means the National Workplace Relations Consultative Council established by this Act. digital labour platform has the meaning given by the Fair Work Act 2009. Digital Labour Platform Consultative Committee means the committee established under Part 3. digital labour platform operator has the meaning given by the Fair Work Act 2009. digital platform work has the meaning given by the Fair Work Act 2009. member means a member of the Council. Part 2—Establishment of the National Workplace Relations Consultative Council 4 National Workplace Relations Consultative Council There is established by this Act a council by the name of the National Workplace Relations Consultative Council. 5 Purpose of Council (1) The purpose of the Council is to provide, in the public interest, a regular and organized means by which representatives of the Government of the Commonwealth, of employers and of employees, and, when the Minister considers it appropriate, representatives of other persons, bodies and organisations may consult together on workplace relations matters of national concern. (2) It is the intention of this Act that: (a) meetings of the Council shall be conducted on a non‑political basis; (b) the Council will not interfere with the proper performance of the functions of industrial tribunals; and (c) subject to the rights of persons participating in meetings of the Council to report to the persons, bodies and organisations by which they are nominated and to the right of the Council to make announcements that those persons agree are in the public interest, the views expressed at those meetings will be kept confidential. 6 Membership of Council (1) The Council is to consist of these 15 members: (a) the Minister, who is to be the Chairperson of the Council; (b) 7 members nominated by the Australian Council of Trade Unions; (c) 3 members nominated by the Australian Chamber of Commerce and Industry; (d) one member nominated by the Business Council of Australia; (e) one member nominated by the Australian Industry Group; (f) one member nominated by the National Farmers' Federation; (g) one member nominated by Master Builders Australia. (1A) If the Minister is satisfied that an organisation referred to in a paragraph of subsection (1) (including a paragraph as previously amended under this subsection or subsection (1B)): (a) has changed its name; or (b) has merged with another organisation; or (c) has been succeeded by another organisation; the Governor‑General may make regulations amending that paragraph of subsection (1) so that the paragraph refers to the organisation under its new name, to the merged organisation, or to the successor organisation, as the case requires. (1B) If the Minister is satisfied that: (a) an organisation referred to in a paragraph of subsection (1) (including a paragraph as previously amended under this subsection or subsection (1A)) has ceased to exist and has not merged with, or been succeeded by, another organisation; and (b) there is another organisation that performs a broadly similar role; the Governor‑General may make regulations amending that paragraph of subsection (1) so that the paragraph refers to that other organisation. (1C) Before deciding that he or she is satisfied for the purposes of subsection (1B), the Minister must consult the members of the Council. Note: This subsection is not intended to limit by implication the matters the Minister may take into account for the purposes of subsection (1A) or (1B). (2) The Minister appoints the other members of the Council. (3) Subject to this Act, a member (except the Minister) holds office for such period, not exceeding 2 years, as is specified in the instrument of appointment, but is eligible for re‑appointment. 7 Resignation of members An appointed member may resign by writing signed by him or her and delivered to the Minister. 8 Termination of appointment of members (1) If an organization which has nominated a member under subsection 6(1) requests the termination of the appointment of a member nominated by it, the Minister shall terminate the appointment of that member. (2) If the Minister is satisfied that an organisation which has nominated a member under subsection 6(1) has ceased to exist and has not merged with, or been succeeded by, another organisation, the Minister must terminate the appointment of that member. 9 Travelling allowance for members (1) The regulations may provide for a member to receive travelling allowance at a rate specified or identified in the regulations. (2) Regulations made for the purposes of subsection (1) may identify a rate by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time. Note: This subsection is not intended to be an exhaustive statement of the ways in which a rate could be identified. (3) A member is not otherwise entitled to any remuneration or allowances. 10 Substitute members (1) The Minister may nominate a person to attend a meeting of the Council in his or her place. (2) If an appointed member is unable to be present at a meeting of the Council, the organization which nominated that member may nominate a person to attend the meeting in that member's place. (3) A person nominated under subsection (1) or (2) to attend a meeting of the Council in the place of a member of the Council has, and may exercise, at that meeting all the rights of that member. 10A Invited representatives (1) The Minister may, after consulting the members of the Council or the Digital Labour Platform Consultative Committee (as the case requires), invite a person, body or organisation to nominate a representative for the purposes of this section. (2) A representative so invited may participate in one or more meetings of one or more of the following, in accordance with the invitation, but does not become a member of the Council, or of a committee or subcommittee: (a) the Council; (b) committees of the Council, including the Digital Labour Platform Consultative Committee; (c) a subcommittee of the Digital Labour Platform Consultative Committee. (3) If at any time the Minister terminates an invitation, the representative concerned ceases to be entitled to participate in meetings of the Council, its committees or any subcommittee of the Digital Labour Platform Consultative Committee. (4) While a representative is entitled to attend a meeting or meetings of the Council, the representative is entitled to payment of travelling allowance as if he or she were a member. 11 Meetings of Council (1) The Council must meet: (a) at least once each year during the period that begins on 1 January and ends on 30 June; and (b) at least once each year during the period that begins on 1 July and ends on 31 December. (2) The Minister may, at any time, convene a meeting of the Council and shall do so whenever the holding of a meeting is necessary to comply with subsection (1). (3) The Minister shall convene a meeting of the Council whenever requested to do so by a majority of the members of the Council. (4) The Minister shall preside at all meetings of the Council at which the Minister is present, and, in the Minister's absence from a meeting, the person nominated under subsection 10(1) to attend that meeting in the place of the Minister shall preside. (5) Subject to this section, the procedure to be followed at a meeting of the Council shall be determined by the Council. 12 Committees (1) The Council may, at any time, cause to be constituted a committee to consider, and report to the Council on, any matter relevant to the purpose of the Council referred to it by the Council. (2) The regulations may provide for a member of a committee to receive travelling allowance at a rate specified or identified in the regulations. (3) Regulations made for the purposes of subsection (2) may identify a rate by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time. Note: This subsection is not intended to be an exhaustive statement of the ways in which a rate could be identified. (4) A member of a committee is not otherwise entitled to any remuneration or allowances. Part 3—Establishment of the Digital Labour Platform Consultative Committee 12A Digital Labour Platform Consultative Committee (1) There is established by this Part a committee by the name of the Digital Labour Platform Consultative Committee. (2) A member of the Committee is not entitled to any remuneration or allowances. (3) Subject to subsection (2), the Committee is taken to be a committee constituted for the purposes of section 12. 12B Purpose of Committee (1) The purpose of the Committee is to provide, in the public interest, a regular and organised means by which representatives of: (a) the Government of the Commonwealth; and (b) digital labour platform operators; and (c) workers performing digital platform work; and (d) when the Minister considers it appropriate, other persons, bodies and organisations; may consult together on workplace relations matters relating to digital platform work. (2) It is the intention of this Act that: (a) meetings of the Committee will be conducted on a non‑political basis; and (b) the Committee will not interfere with the proper performance of the functions of industrial tribunals; and (c) subject to the rights of persons participating in meetings of the Committee to report to the persons, bodies and organisations that they represent and to the right of the Committee to make announcements that those persons agree are in the public interest, the views expressed at those meetings will be kept confidential. (3) Subsection (1) does not limit the purposes of the Council under section 5. 12C Membership of Committee (1) The Committee is to consist of the following members: (a) the Minister, who is to be the Chair of the Committee; (b) at least 6 members appointed by the Minister under subsection (3) who the Minister is satisfied represent digital labour platform operators; (c) at least 6 members appointed by the Minister under subsection (3) who the Minister is satisfied represent workers performing digital platform work. (2) Without limiting the sectors that may be represented for the purposes of paragraphs (1)(b) and (c), the Minister must be satisfied that the persons appointed under each of those paragraphs represent the following sectors: (a) the care economy sector; (b) the on demand delivery sector; (c) the rideshare sector. (3) The Minister may appoint a person for the purposes of paragraph (1)(b) or (c). (4) Subject to this Act, a member (except the Minister) holds office for such period, not exceeding 2 years, as is specified in the instrument of appointment, but is eligible for re‑appointment. 12D Resignation of members An appointed member may resign by writing signed by the member and delivered to the Minister. 12E Termination of appointment of members If, in relation to a member appointed for the purposes of paragraph 12C(1)(b) or (c), the Minister ceases to be satisfied as required by the relevant paragraph, the Minister must terminate the appointment of that member. 12F Substitute members (1) The Minister may nominate a person to attend a meeting of the Committee in the Minister's place, or in the place of an appointed member who is unable to be present at a meeting of the Committee. (2) A person nominated under subsection (1) to attend a meeting of the Committee in the place of a member of the Committee has, and may exercise, at that meeting all the rights of that member. 12G Meetings of Committee (1) During the first 24 months after this section commences, the Committee must meet: (a) at least once each year during the period that begins on 1 January and ends on 30 June; and (b) at least once each year during the period that begins on 1 July and ends on 31 December. Note: A representative of a person, body or organisation may, under section 10A, be invited by the Minister to a meeting. (2) After that 24‑month period, the Committee must meet at least once during each further 12‑month period. (3) The Minister may, at any time, convene a meeting of the Committee and must do so whenever the holding of a meeting is necessary to comply with subsection (1) or (2). (4) The Minister must convene a meeting of the Committee whenever requested to do so by a majority of the members of the Committee. (5) The Minister must preside at all meetings of the Committee at which the Minister is present, and, in the Minister's absence from a meeting, the person nominated under subsection 12F(1) to attend that meeting in the place of the Minister must preside. (6) Subject to this section, the procedure to be followed at a meeting of the Committee must be determined by the Committee. 12H Subcommittees (1) The Committee may, at any time, cause to be constituted a subcommittee to consider, and report to the Committee on, any matter relevant to the purpose of the Committee referred to it by the Committee. (2) A member of a subcommittee is not entitled to any remuneration or allowances. Part 4—Other matters 13 Regulations The Governor‑General may make regulations prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient for carrying out or giving effect to this Act. Endnotes Endnote 1—About the endnotes The endnotes provide information about this compilation and the compiled law. The following endnotes are included in every compilation: Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Abbreviation key—Endnote 2 The abbreviation key sets out abbreviations that may be used in the endnotes. Legislation history and amendment history—Endnotes 3 and 4 Amending laws are annotated in the legislation history and amendment history. The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation. The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law. Editorial changes The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date. If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel. Misdescribed amendments A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003. If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history. Endnote 2—Abbreviation key ad = added or inserted o = order(s) am = amended Ord = Ordinance amdt = amendment orig = original c = clause(s) par = paragraph(s)/subparagraph(s) C[x] = Compilation No. x /sub‑subparagraph(s) Ch = Chapter(s) pres = present def = definition(s) prev = previous Dict = Dictionary (prev…) = previously disallowed = disallowed by Parliament Pt = Part(s) Div = Division(s) r = regulation(s)/rule(s) ed = editorial change reloc = relocated exp = expires/expired or ceases/ceased to have renum = renumbered effect rep = repealed F = Federal Register of Legislation rs = repealed and substituted gaz = gazette s = section(s)/subsection(s) LA = Legislation Act 2003 Sch = Schedule(s) LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s) (md) = misdescribed amendment can be given SLI = Select Legislative Instrument effect SR = Statutory Rules (md not incorp) = misdescribed amendment Sub‑Ch = Sub‑Chapter(s) cannot be given effect SubPt = Subpart(s) mod = modified/modification underlining = whole or part not No. = Number(s) commenced or to be commenced Endnote 3—Legislation history Act Number and year Assent Commencement Application, saving and transitional provisions National Labour Consultative Council Act 1977 65, 1977 16 June 1977 16 June 1977 National Labour Consultative Council Amendment Act 1979 125, 1979 6 Nov 1979 6 Nov 1979 s 4(2) Statute Law (Miscellaneous Amendments) Act 1981 176, 1981 2 Dec 1981 s 51–53: 14 Dec 1981 (s 2(4) and gaz 1981, No S261) — Statute Law (Miscellaneous Amendments) Act 80, 1982 22 Sept 1982 s 163–165: 20 Oct 1982 (s 2(16)) — (No. 2) 1982 Public Service Reform Act 1984 63, 1984 25 June 1984 s 151(4): 1 Jan 1986 (s 2(4) and gaz 1985, No S563) s 151(9) Statute Law (Miscellaneous Provisions) Act (No. 1) 1984 72, 1984 25 June 1984 Sch: 23 July 1984 (s 2(1)) s 5(1) Industrial Relations Legislation Amendment Act 1992 109, 1992 9 July 1992 s 22–26: 23 July 1992 (s 2(2) and gaz 1992, No S206) — Industrial Relations and other Legislation Amendment Act 1995 168, 1995 16 Dec 1995 Sch 11: 15 Jan 1996 (s 2(2) and gaz 1996, No S16) — as amended by Statute Law Revision Act 2002 63, 2002 3 July 2002 Sch 2 (item 15): 15 Jan 1996 (s 2(1) item 44) — Public Employment (Consequential and Transitional) Amendment Act 1999 146, 1999 11 Nov 1999 Sch 1 (items 645, 646): 5 Dec 1999 (s 2(1), (2)) — Workplace Relations Legislation Amendment Act 2002 127, 2002 11 Dec 2002 Sch 2 (items 1–16): 11 Dec 2002 (s 2(1) item 6) — Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 2, 2024 26 Feb 2024 Sch 1 (items 306A (first occurring), 306B–306F): 26 Aug 2024 (s 2(1) item 22) Sch 1 (item 306F) Endnote 4—Amendment history Provision affected How affected Title.................... am No 127, 2002 Part 1 Part 1 heading............. ad No 2, 2024 s 1..................... am No 127, 2002 s 3..................... am No 125, 1979; No 176, 1981; No 80, 1982; No 109, 1992; No 168, 1995; No 127, 2002; No 2, 2024 Part 2 Part 2 heading............. ad No 2, 2024 s 4..................... am No 127, 2002 s 5..................... am No 109, 1992; No 127, 2002 s 6..................... am No 125, 1979; No 176, 1981; No 80, 1982; No 109, 1992 rs No 168, 1995 am No 127, 2002 s 7..................... am No 125, 1979; No 127, 2002 s 8..................... am No 168, 1995; No 127, 2002 s 9..................... am No 63, 1984; No 72, 1984; No 146, 1999 rs No 127, 2002 s 10.................... am No 125, 1979; No 176, 1981; No 80, 1982; No 109, 1992; No 168, 1995 s 10A................... ad No 109, 1992 am No 168, 1995 (as am by No 63, 2002); No 2, 2024 s 11.................... am No 168, 1995; No 127, 2002 s 12.................... am No 168, 1995; No 146, 1999; No 127, 2002 Part 3 Part 3................... ad No 2, 2024 s 12A................... ad No 2, 2024 s 12B................... ad No 2, 2024 s 12C................... ad No 2, 2024 s 12D................... ad No 2, 2024 s 12E................... ad No 2, 2024 s 12F................... ad No 2, 2024 s 12G................... ad No 2, 2024 s 12H................... ad No 2, 2024 Part 4 Part 4 heading............. ad No 2, 2024 s 13.................... ad No 127, 2002