Industrial Relations Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 1071

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Industrial Relations Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Industrial Relations Act 1988.

Dated 31 May 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Peter Morris

Minister of State for Industrial Relations

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Commencement

1.(1) Regulation 4 and paragraph 11 (a) commence on the date of commencement of section 9 of the ANL (Conversion into Public Company)Act 1988.

(2) Paragraph 11 (b) is to be taken to have commenced on the date of commencement of section 11 of the OTC (Conversion into Public Company)Act 1988.

(3) Paragraph 11 (c) commences on the date of commencement of section 12 of the Snowy Mountains Engineering Corporation (Conversion into Public Company)Act 1989.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Industrial Relations Regulations.

Representation of certain persons by unregistered associations

3. Regulation 8 of the Principal Regulations is amended by adding at the end the following subregulation:

 

(S.R. 151/89)—Cat. No. 14/25.5.1989

“(2) Where a party to a proceeding before the Commission is an employee who is a member of the Australian International Flight Engineers’ Association, being an association that is not registered under the Act, the party may be represented by an officer or employee of that Association.”.

Federal Ports Co-ordinating Committee—nominations

4. Regulation 27 of the Principal Regulations is amended by omitting paragraph (1) (b) and substituting the following paragraph:

“(b) ANL Limited;”.

Application for registration—section 188 of the Act

5. Regulation 33 of the Principal Regulations is amended:

(a) by omitting from paragraph (1) (b) “signed by 2 or more officers of the association” and substituting “, made by an officer of the association authorised to make the declaration,”;

(b) by omitting from paragraph (2) (a) “officers” and “they sign” and substituting “officer” and “the officer makes” respectively.

Application under section 235 of the Act

6. Regulation 64 of the Principal Regulations is amended by omitting from subparagraph (b) (ii) “made by 2 or more officers of the association” and substituting “, made by an officer of the association authorised to make the declaration,”.

Manner of withdrawal of application made under section 235 of the Act

7. Regulation 77 of the Principal Regulations is amended by omitting from subregulation (2) “by 2 or more officers of the applicant” and substituting “by an officer of the applicant authorised to make the declaration”.

Prescribed matters—subsection 238 (2) of the Act

8. Regulation 79 of the Principal Regulations is amended:

(a) by omitting paragraphs (a) and (b) and substituting the following paragraphs:

“(a) the way in which the proposed amalgamation would, or would not, further the objects of the Act;

(b) where the organisations concerned in the proposed amalgamation are organisations of employees—each matter referred to in paragraph 239 (2) (a), (b), (c), (d) or (e) of the Act;

(c) where the organisations concerned in the proposed amalgamation are organisations of employers—each matter referred to in paragraph 239 (3) (a), (b), (c) or (d) of the Act;

(d) each matter referred to in paragraph 240 (1) (a), (b), (c), (d) or (e) of the Act.”.

Competent persons—subsection 275 (9) of the Act

9. Regulation 112 of the Principal Regulations is amended by omitting from paragraph (1) (a) “registration” and substituting “registration”.

Use of previous evidence

10. Regulation 130 of the Principal Regulations is amended by omitting subregulation (1) and substituting the following subregulations:

“(1) Subject to subregulations (la) and (1b), any evidence given (whether orally, by statutory declaration or otherwise) in the course of proceedings before the Court, the Commission or a Registrar (in this regulation called ‘the first proceedings’) may, in the discretion of a Registrar and subject to such terms and conditions as he or she determines, be used in any subsequent proceedings before that Registrar.

“(1a) A person who is a party to subsequent proceedings referred to in subregulation (1) may object to the use in those proceedings of any evidence given in the course of the first proceedings if the person was not a party to those first proceedings.

“(1b) The Registrar, in exercising his or her discretion under subregulation (1) and in determining under that subregulation the terms and conditions, if any, to which the use of such evidence is subject, must have regard to any objection made by a person under subregulation (1a).”.

Schedule 3

11. Schedule 3 to the Principal Regulations is amended:

(a) by omitting “Australian Shipping Commission” and substituting “ANL Limited”;

(b) by omitting “the Overseas Telecommunications Commission (Australia)” and substituting “OTC Limited”;

(c) by omitting “Snowy Mountains Engineering Corporation” and substituting “Snowy Mountains Engineering Corporation Limited”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 31 May 1989.

2. Statutory Rules 1989 No. 12.

Printed by Authority by the Commonwealth Government Printer