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.