National Workplace Relations Consultative Council Act 2002

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.

It is the intention of this Act that:

meetings of the Council shall be conducted on a non‑political basis;

the Council will not interfere with the proper performance of the functions of industrial tribunals; and

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.

The Council is to consist of these 15 members:

the Minister, who is to be the Chairperson of the Council;

7 members nominated by the Australian Council of Trade Unions;

3 members nominated by the Australian Chamber of Commerce and Industry;

one member nominated by the Business Council of Australia;

one member nominated by the Australian Industry Group;

one member nominated by the National Farmers’ Federation;

one member nominated by Master Builders Australia.

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)):

has changed its name; or

has merged with another organisation; or

has been succeeded by another organisation;

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 (1A)) has ceased to exist and has not merged with, or been succeeded by, another organisation; and

there is another organisation that performs a broadly similar role;

Before deciding that he or she is satisfied for the purposes of subsection (1B), the Minister must consult the members of the Council.

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).

The Minister appoints the other members of the Council.

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.

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.

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.

The regulations may provide for a member to receive travelling allowance at a rate specified or identified in the regulations.

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.

This subsection is not intended to be an exhaustive statement of the ways in which a rate could be identified.

A member is not otherwise entitled to any remuneration or allowances.

The Minister may nominate a person to attend a meeting of the Council in his or her place.

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.

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.

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.

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:

the Council;

committees of the Council, including the Digital Labour Platform Consultative Committee;

a subcommittee of the Digital Labour Platform Consultative Committee.

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.

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.

The Council must meet:

at least once each year during the period that begins on 1 January and ends on 30 June; and

at least once each year during the period that begins on 1 July and ends on 31 December.

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).

The Minister shall convene a meeting of the Council whenever requested to do so by a majority of the members of the Council.

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.

Subject to this section, the procedure to be followed at a meeting of the Council shall be determined by the Council.