Industrial Relations Regulations (Amendment) (Cth)

Statutory Rules 1994

No. 244 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 27 June 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

GARY JOHNS

Assistant Minister for Industrial Relations

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1.   Amendment

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

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New regulation 26A

2.1   After regulation 26, insert:

Review of awards by Commission—steps to remedy deficiency

“26A.

(1) If the Commission, in accordance with subsection 150A (2) of the Act, considers that an award is deficient, it must take the steps set out in this regulation.

“(2)

The Commission must record its reasons for considering that the award is deficient.

“(3)

Before making a decision on remedying the deficiency, the Commission must give an opportunity to be heard:

• (a)

  to any party to the award who has a genuine interest in the matter; and

• (b)

  if the Commission considers that the award is deficient in a respect referred to in paragraph 150A (2) (b) of the Act (which relates to an award provision that discriminates against an employee)—to the Human Rights and Equal Opportunity Commission established by the Human Rights and Equal OpportunityCommission Act 1986; and

• (c)

  to any intervener.

“(4)

After hearing any party, the Human Rights and Equal Opportunity Commission and any intervener, as the case requires, the Commission must, in order to remedy the deficiency:

(a)

vary the award; or

• (b)

  take such other action in relation to the award as the Commission thinks appropriate.

“(5)

In making a decision under subregulation (4) relating to a deficiency in a respect referred to in paragraph 150A (2) (a), (c) or (f) of the Act, the Commission must consider:

• (a)

  whether any provision containing the deficiency should be omitted from the award; and

• (b)

  whether there is any provision in the award that would be more appropriately included in an agreement, or agreements, between the parties.

“(6)

If the Commission considers that it is not appropriate in the circumstances to make an order remedying the deficiency immediately, the Commission may:

• (a)

  remedy the deficiency in stages, or over a period of time; or

• (b)

  provide the parties with an opportunity to remedy the deficiency in a manner agreed by them.

[NOTE: Reference should also be made to any relevant principles determined by a Full Bench; see section 106 (and, in particular, paragraph 106 (2) (d)) of the Act.]”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 July 1994.

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. 69 and 185.