Screen Industry Workers Bill

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Hon Andrew Little

Screen Industry Workers Bill

Government Bill

219—2

	Commentary
	Key
1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Overview of Act
5	Employment status of screen production workers determined by this Act
6	No contracting out
6A	Prohibition on matters relating to bullying, discrimination, and harassment
7	~~Application of Commerce Act 1986~~
7	Exemption from Commerce Act 1986 prohibition on restrictive trade practices
8	Act binds the Crown
9	Transitional, savings, and related provisions
10	Interpretation
11	Meaning of screen production worker
12	Screen productions to which Act applies
	Part 1A Freedom of association
12A	Voluntary membership of worker organisation or engager organisation
12B	Prohibition on preferential treatment
12C	Arrangements inconsistent with section 12A or 12B of no effect
12D	Undue influence prohibited
12E	Penalty for breaching section 12D
	Part 2 Workplace relationships and individual contracts
	Subpart 1—Workplace relationships
13	Parties to workplace relationship must act in good faith
14	~~Person must not exert undue influence on screen production worker~~
15	Penalty for breaching section 13 ~~or 14~~
	Subpart 2—Individual contracts
16AAA	Engager responsibilities before entering individual contracts
16	~~Engager must provide screen production worker with individual contract~~
16	Engager must provide screen production worker with individual contract
16A	Individual contract terms
17	Mandatory individual contract terms
18	Prohibition on retaliatory termination of individual contracts
19	~~Parties may resolve individual contract disputes using dispute resolution procedures~~
19	Resolution of disputes relating to individual contracts
20	~~Penalty for failing to comply with~~ Penalties relating to individual ~~contract requirements~~ contracts
	Part 3 Collective bargaining
	Subpart 1—Registration as worker organisation or engager organisation
21	Incorporated society may apply to register as worker organisation or engager organisation
22	When society entitled to be registered
23	Registration
24	Annual return of members
25	Cancellation of registration
	Subpart 2—Matters applying to all collective bargaining
26	Collective bargaining to must be carried out in good faith
27	~~Bargaining parties required to conclude collective contract~~
27	Bargaining parties must conclude collective contract
28	Industrial action prohibited during bargaining
29	~~Penalty for engaging in industrial action during bargaining~~
29A	Penalties for failing to comply with collective bargaining requirements
30	Requests for information during bargaining
31	Form and content of collective contracts
32	Mandatory collective contract terms
32A	Bargaining fees
32B	Minimum and maximum duration of collective contracts
32C	Collective contracts must be sent to chief executive
32D	Variations to collective contracts
33	~~Exemptions from occupation-level collective contracts~~
33	Exemptions from terms of occupation-level collective contracts
33A	Penalty for breaching section 33
34	~~Minimum and maximum duration of collective contracts~~
35	~~Collective contracts must be sent to chief executive~~
35A	Enforcement of collective contracts
35B	Resolution of disputes relating to collective contracts
	Subpart 3—Matters applying to bargaining for occupation-level collective contracts
36	Preliminary requirements
37	Worker organisation or engager organisation may apply for approval to initiate bargaining
38	When application may be made
39	Applications to must be notified and submissions invited
40	Authority must decide whether to allow bargaining
41	Bargaining parties
42	Authority to must decide worker organisation responsible for ratification vote
43	Authority must publish decisions on applications
43A	How bargaining initiated (once approval given)
44	Removal of bargaining party
44A	Addition of bargaining party
45	~~How bargaining for occupation-level collective contract initiated (once approval given)~~
46	Authority must assess draft occupation-level collective contracts for suitability for ratification
47	Ratification of occupation-level collective contract
48	Coverage of occupation-level collective contract
49	Commencement of occupation-level collective contract
	Subpart 4—Matters applying to bargaining for enterprise-level collective contracts
50	Who may participate in bargaining for enterprise-level collective contract
51	How and when bargaining may be initiated
51A	Withdrawal of consent to bargaining prohibited
52	~~Limits on bargaining~~ Limitations on terms that may be agreed
53	Ratification of enterprise-level collective contract
54	Coverage of enterprise-level collective contract
54A	Screen production worker may choose contract to apply
55	Commencement of enterprise-level collective contract
	Part 4 Dispute resolution, challenges, reviews, penalties, and offences
	Subpart 1—Dispute resolution, challenges, and reviews
56	~~General matters relating to dispute resolution~~
57	Mediation of disputes relating to matters under this Act
58	Facilitated bargaining
59	Determinations by Authority
60	Challenges to determinations
61	Review of Authority and Registrar decisions
	Subpart 2—Penalties and offences
62	Jurisdiction concerning penalties
63	Recovery of penalties
64	Penalty for obstructing or delaying Authority investigation
65	Offence to mislead Authority or Registrar
	Part 5 Miscellaneous provisions and amendments to other Acts
	Subpart 1—Miscellaneous provisions
	Access to workplaces
66	Access to workplaces
67	Representative of worker organisation must obtain consent to enter workplace
68	Conditions relating to access
69	Additional requirements relating to access
70	Penalty for certain acts in relation to entering workplace
	Registrar of Screen Industry Organisations
71	Registrar of Screen Industry Organisations
72	Registrar may seek directions of Authority
	~~Secondary legislation~~ Matters relating to occupational groups
73	Occupational groups
74	Further matters relating to change in occupational groups
	Regulations
75	Regulations
	Subpart 2—Amendments to Employment Relations Act 2000
76	Amendments to Employment Relations Act 2000
77	Section 6 amended (Meaning of employee)
78	Section 161 amended (Jurisdiction)
79	Section 187 amended (Jurisdiction of court)
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Screen productions to which Act applies
	Schedule 3 Occupational groups
	Schedule 4 Final offer arbitration for fixing terms of collective contract
	Legislative history

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Screen Industry Workers Bill

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