Tradespersons' Rights Regulation 2013 (Cth)

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Tradespersons’ Rights Regulation 2013

Select Legislative Instrument No. 187, 2013

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Tradespersons’ Rights Regulation Act 1946.

Dated 25 July 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Brendan O’Connor

Minister for Skills and Training

Contents

Part 1—Preliminary                                                                                      1

1............ Name of regulation............................................................................. 1

2............ Commencement.................................................................................. 1

3............ Authority............................................................................................ 1

4............ Schedule(s)......................................................................................... 1

5............ Definitions.......................................................................................... 1

Part 2—Trades to which the Act applies                                                  2

6............ Application of Part II of the Act to engineering trades...................... 2

7............ Application of Part III of the Act to boilermaking trades.................. 2

8............ Application of Part V of the Act to electrical trades.......................... 2

Part 3—Trades to which the Act ceases to apply                                    4

9............ Part II of the Act ceases to apply to engineering trades..................... 4

10.......... Part III of the Act ceases to apply to boilermaking trades................. 5

11.......... Part IV of the Act ceases to apply to blacksmithing trades................ 6

12.......... Part V of the Act ceases to apply to electrical trades......................... 7

13.......... Part VI of the Act ceases to apply to sheet metal trades.................... 7

14.......... Part VIA of the Act ceases to apply to boot trades............................ 8

Schedule 1—Repeals                                                                               8

Tradespersons’ Rights Regulations                                                          8

Part 1—Preliminary

1Name of regulation

This regulation is the Tradespersons’ Rights Regulation 2013.

2Commencement

This regulation commences on the day after it is registered.

3Authority

This regulation is made under the Tradespersons’ Rights Regulation Act 1946.

4Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5Definitions

(1)In this regulation:

Act means the Tradespersons’ Rights Regulation Act 1946.

(2)In this regulation, a reference in a table to a tradesperson of a particular classification is taken to be a reference to a tradesperson of that classification in the trade to which the table relates.

Part 2—Trades to which the Act applies

6Application of Part II of the Act to engineering trades

For paragraph 51A(1)(a) of the Act, Part II of the Act applies to the engineering trades specified in the table.

Engineering trades to which Part II of the Act applies
Item Trade
1 Aircraft maintenance engineer (mechanical)
2 Aircraft maintenance engineer (structural)
3 Diesel fitter
4 Fitter
5 Motor mechanic
6 Refrigeration mechanic (engineering)
7 Welder (first class)

7Application of Part III of the Act to boilermaking trades

For paragraph 51A(1)(a) of the Act, Part III of the Act applies to the boilermaking trades specified in the table.

Boilermaking trades to which Part III of the Act applies
Item Trade
1 Boilermaker
2 Boilermaker/Welder

8Application of Part V of the Act to electrical trades

For paragraph 51A(1)(a) of the Act, Part V of the Act applies to the electrical trades specified in the table.

Electrical trades to which Part V of the Act applies
Item Trade
1 Aircraft maintenance engineer (avionics)
2 Electrical fitter
3 Electrical fitter (instruments)
4 Electrical mechanic
5 Refrigeration mechanic (electrical)

Part 3—Trades to which the Act ceases to apply

9Part II of the Act ceases to apply to engineering trades

For paragraph 51A(1)(b) of the Act, Part II of the Act ceases to apply to the engineering trades specified in the table.

Engineering trades to which Part II of the Act ceases to apply
Item Trade
1 Assembler, engine (aircraft)
2 Checker (aircraft)
3 Coppersmith
4 Electroplater, first class
5 Examiner, first class (aircraft)
6 First class machinist
7 First class machinist (boring)
8 First class machinist (drilling)
9 First class machinist (grinding)
10 First class machinist (milling)
11 First class welder (engineering)
12 Fitter and first class machinist
13 Fitter (diesel)
14 Fitter (instruments)
15 Fitter, turbine blade
16 Fitter and Turner
17 Ground engineer, aircraft mechanic and ground engineer and aircraft mechanic, as specified in classification No. 57 of clause 3(a) of the Consolidated Award—Aircraft Industry of the Commonwealth Court of Conciliation and Arbitration
18 Ground engineer (airframe)
19 Ground engineer (airframe and engines)
20 Ground engineer (engines)
21 Inspector (aircraft)
22 Jigmaker (metal‑aircraft)
23 Key‑setting machinist
24 Locksmith
25 Machine setter
26 Marker‑off (engineering)
27 Mechanic (marine and other engines 200 c.c. and above)
28 Motor cycle mechanic
29 Motor tuner and tester
30 Optical finisher employed by the former Department of Munitions
31 Optical tradesman employed by the former Department of Munitions
32 Optical worker employed by the former Department of Munitions
33 Pattern maker
34 Refrigeration mechanic or serviceman
35 Safemaker, repairer and safemaker and repairer (security work)
36 Scale maker, adjuster and scalemaker and adjuster
37 Scientific instrument maker
38 Second class machinist (including brass finisher)
39 Template maker (metal‑aircraft)
40 Toolsetter
41 Tradesman ground engineer or aircraft mechanic holding no certificate
42 Turner
43 Wetstone grinder and glazer (tradesman)

10Part III of the Act ceases to apply to boilermaking trades

For paragraph 51A(1)(b) of the Act, Part III of the Act ceases to apply to the boilermaking trades specified in the table.

Boilermaking trades to which Part III of the Act ceases to apply
Item Trade
1 Angle‑iron smith
2 Boilermaker and structural steel tradesperson
3 Boilersmith
4 Driller using portable machines
5 Marker‑off (a tradesman, the greater part of whose time is occupied in marking‑off or template‑making or in marking‑off and template‑making)
6 Plate setter and frame bender
7 Structural steel tradesperson
8 Welder, first class (boilermaking)

11Part IV of the Act ceases to apply to blacksmithing trades

For paragraph 51A(1)(b) of the Act, Part IV of the Act ceases to apply to the blacksmithing trades specified in the table.

Blacksmithing trades to which Part IV of the Act ceases to apply
Item Trade
1 Angle‑iron smith
2 Annealer, case hardener and annealer and case hardener
3 Blacksmith
4 Brass smith
5 First class welder (blacksmithing)
6 Forger
7 Faggoter
8 Forger and faggoter
9 Other smith
10 Toolsmith
11 Tradesperson heat treater

12Part V of the Act ceases to apply to electrical trades

For paragraph 51A(1)(b) of the Act, Part V of the Act ceases to apply to the electrical trades specified in the table.

Electrical trades to which Part V of the Act ceases to apply
Item Trade
1 Aircraft electrician
2 Aircraft mechanic holding no certificate
3 Aircraft mechanic holding “X” certificate
4 Armature winder
5 Automotive electrician
6 Electrical fitter and armature winder
7 Electrician in charge of plant or installation or of plant and installation
8 Examiner, first class
9 Ground engineer (electrical)
10 Ground engineer (instruments)
11 Ground engineer (radio)
12 Inspector
13 Installation inspector, tester and installation inspector and tester
14 Refrigeration mechanic or serviceman
15 Shift electrician
16 Telecommunications mechanic
17 Tradesperson
18 Tradesperson (radio)
19 Tradesperson (radio and television)
20 Tradesperson (television)

13Part VI of the Act ceases to apply to sheet metal trades

For paragraph 51A(1)(b) of the Act, Part VI of the Act ceases to apply to the sheet metal trades specified in the table.

Sheet metal trades to which Part VI of the Act ceases to apply
Item Trade
1 Body maker, first class
2 First class welder (sheet metal)
3 Panel beater
4 Sheet metal worker, first class
5 Structural steel tradesperson

14Part VIA of the Act ceases to apply to boot trades

For paragraph 51A(1)(b) of the Act, Part VIA of the Act ceases to apply to the boot trades specified in the table.

Boot trades to which Part VIA of the Act ceases to apply
Item Trade
1 Clicker
2 Designer
3 Finisher
4 Maker
5 Pattern cutter
6 Stuff cutter

Schedule 1—Repeals

Tradespersons’ Rights Regulations

1The whole of the Regulations

Repeal the Regulations.

Note:The Tradespersons’ Rights Regulations are the regulations that were made on 19 August 1992.

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