Industrial and Employee Relations (General) Variation Regulations 2005 (SA)

South Australia

Industrial and Employee Relations (General) Variation Regulations 2005

under the Industrial and Employee Relations Act 1994

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Industrial and Employee Relations (General) Regulations 1994

1. Variation of regulation 3—Interpretation

2. Variation of regulation 6—Notice to be given by association

3. Variation of regulation 7—Notice to be given by employer

4. Variation of regulation 10—Unfair dismissal

5. Variation of Schedule 1

Part 1—Preliminary

1—Short title

These regulations may be cited as the Industrial and Employee Relations (General) Variation Regulations 2005.

2—Commencement

These regulations come into operation on the day on which the Industrial Law Reform (Fair Work) Act 2005 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Industrial and Employee Relations (General) Regulations 1994

4—Variation of regulation 3—Interpretation

Regulation 3, definition of the Act—delete the definition and substitute:

Act means the Fair Work Act 1994.

5—Variation of regulation 6—Notice to be given by association

1. Regulation 6(1)—after "section 75(2)" insert:

   (b)

2. Regulation 6(2)—delete "The association" and substitute:

   An association acting under subregulation (1)

6—Variation of regulation 7—Notice to be given by employer

Regulation 7—after subregulation (6) insert:

(7)Two or more employers who may be involved in negotiations on the terms of the same enterprise agreement may, if they think fit, give a notice under this regulation jointly.

7—Variation of regulation 10—Unfair dismissal

1. Regulation 10—delete "105(2)(b)" and substitute:

   105A(2)(b)

2. Regulation 10(a)—delete paragraph (a)

8—Variation of Schedule 1

1. Schedule 1—delete "Industrial and Employee Relations Act 1994" wherever occurring and substitute in each case:

   Fair Work Act 1994

2. Schedule 1, item 4—after "association" insert:

   registered under the Act

3. Schedule 1, note 2—delete "an association" and substitute:

   a registered association

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 28 April 2005

No 29 of 2005

MIR 05/003 CS