Industrial Relations Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 434 1

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Industrial Relations Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Relations Act 1988.

Dated 20 December 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

LAURIE BRERETON

Minister for Industrial Relations

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1.   Commencement

1.1 Regulation 4 commences on the date of commencement of item 5 of Schedule 2 of the Industrial Relations and Other Legislation Amendment Act 1995.

[NOTE: The remainder of these Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Amendment

2.1   The Industrial Relations Regulations are amended as set out in these Regulations.

3.   Regulation 30BB (Exclusion of employees under the Australian Federal Police Act 1979)

3.1   Subregulation 30BB (2):

Omit “1 January 1996”, substitute “1 January 1997”.

4.   New regulations 30DAA and 30DAB

4.1   After regulation 30D, insert:

Consent arbitration—procedures and powers of Commission

 “30DAA.(1) For the purposes of subsection 170EC (3) of the Act, the Commission may do any one or more of the following, in relation to a consent arbitration:

• (a)

  summon before it the parties to the consent arbitration, witnesses, and any other persons whose presence the Commission considers would help in the conduct of the consent arbitration;

• (b)

  require a party to produce before it any document in the possession or control of that party for the purpose of reference to those entries or matters only that relate to the consent arbitration;

• (c)

  take evidence on oath or affirmation;

• (d)

  give a direction in the course of, or for the purpose of, the conduct of the consent arbitration, and vary or revoke any direction so given;

• (e)

  conduct the consent arbitration in the absence of any party summoned to appear or any document required to be produced;

• (f)

  conduct the consent arbitration, or any part of it, in private;

• (g)

  sit at any place;

• (h)

  adjourn to any time and place;

• (j)

  refer any matter to an expert and accept the expert’s report as evidence;

• (k)

  allow the amendment, on such terms as it considers appropriate, of any application or other document relating to the consent arbitration;

• (l)

  correct, amend or waive any error, defect or irregularity, whether in substance or in form;

• (m)

  generally give any direction and do anything that is necessary or expedient for the just and speedy conduct of the consent arbitration.

 “(2) In conducting a consent arbitration, the Commission is not bound to act in a formal manner and is not bound by any rules of evidence, but may inform itself on any matter in such manner as it considers just.

 “(3) The Commission may:

• (a)

  determine the periods that are reasonably necessary for the fair and adequate representation of the respective cases of the parties to the consent arbitration; and

• (b)

  require that the cases be presented within the respective periods.

Appeal to Full Bench—grounds of appeal

 “30DAB. For the purposes of subsection 170ECA (1) of the Act, the grounds for an appeal to a Full Bench of the Commission from an award referred to in that subsection are that the Commission was in error in deciding, under subsection 170EC (4) of the Act, to make the award.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 December 1995.

2. Statutory Rules 1989 No. 12 as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461; 1991 Nos. 9, 11, 73, 137 and 366; 1992 Nos. 81, 139, 158, 232, 274, 339, 351, 357, 435 and 436; 1993 Nos. 22, 23, 41, 61, 128 and 330; 1994 Nos. 68, 79, 185, 244, 287 and 386.