Workplace Relations Amendment Regulations 2003 (No 2) (Cth)

Workplace Relations Amendment Regulations 2003 (No. 2)1

Statutory Rules 2003 No. 2122

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996.

Dated 14 August 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Employment and Workplace Relations

Contents

1Name of Regulations

These Regulations are the Workplace Relations Amendment Regulations 2003 (No. 2).

2Commencement

These Regulations commence on gazettal.

3Amendment of Workplace Relations Regulations 1996

Schedules 1 and 2 amend the Workplace Relations Regulations 1996.

Schedule 1Amendments relating to the giving of information and documents to the Minister

(regulation 3)

  

[1]After regulation 139

insert

140Information and copies of documents to be given to Minister (Act s 48A)

1. (1)

   For subsection 48A (1) of the Act:

   1. (a)

      information of the kind mentioned in Schedule 12 is prescribed; and

   2. (b)

      copies of documents of the kinds mentioned in Schedule 12 are prescribed.

2. (2)

   For subsection 48A (2) of the Act:

   1. (a)

      the information, and the copies of documents, mentioned in Part 1 of Schedule 12 must be given to the Minister in electronic form, in accordance with any particular information technology requirements notified to the President by the Secretary, by the time mentioned in the Part for the information or the copies; and

   2. (b)

      the copies of documents mentioned in Part 2 of Schedule 12 must be given to the Minister in paper form by the time mentioned in the Part for the copies.

3. (3)

   Paragraph (2) (a) does not prevent the President from including other relevant information with information given to the Minister in electronic form.

Note Information prescribed in Part 1 of Schedule 12 is minimum information only.

1. (4)

   For subsection 48A (2) of the Act:

   1. (a)

      information, and copies of documents, that must be given to the Minister in electronic form must be sent to the e‑mail address notified to the President by the Secretary for this paragraph; and

   2. (b)

      copies of documents that must be given to the Minister in paper form must be posted to the address notified to the President by the Secretary for this paragraph; and

   3. (c)

      the President must ensure that:

      1. (i)

         all copies of documents that are to be given to the Minister in paper form during a week are given at the same time in that week; and

      2. (ii)

         all information, or copies of documents, of a particular kind that are to be given to the Minister in electronic form during a week are given at the same time in that week.

[2]After Schedule 11

insert

Schedule 12Information and copies of documents to be given to Minister

(regulation 140)

Part 1Copies and information in electronic form

Item	Information or copy of document	Time by which information or copy to be given
101	Copy of: (a) certified agreement; or (b) extension of certified agreement; or	Within 3 weeks after the certification, extension, variation or order
(c) variation of certified agreement; or (d) order terminating certified agreement; if the copy is available in electronic form
102	If: (a) a certified agreement: (i) has been declared ‘confidential’; or (ii) includes a provision that has been declared ‘confidential’; and (b) the agreement is publicly available; and (c) a copy of the agreement is available in electronic form; copy of certified agreement	Within 3 weeks after the certification
103	The following information about an application to certify an agreement, if publicly available: (a) case number; (b) agreement number (if a number has been allocated to the agreement); (c) the number of employees who will be covered by the agreement; (d) whether any of those employees is within any of the groups mentioned in paragraph (e); (e) the number of those employees who are: (i) women; or	Within 3 weeks after the application to certify the agreement is lodged in the Industrial Registry
(ii) persons from a non-English speaking background; or (iii) under 21; or (iv) Aboriginals or Torres Strait Islanders; or (v) disabled persons; or (vi) part-time employees; or (vii) casual employees
104	The following information about a certified agreement: (a) agreement number; (b) date of certification; (c) the expiry date of the agreement; (d) matter type (by reference to the relevant section of the Act); (e) title of the agreement; (f) whether the agreement is a variation of an existing agreement or a new agreement; (g) case number; (h) print number; (i) the names of the employer and the organisation of employees bound by the agreement; (j) how the Commission was constituted for the certification of the agreement (if constituted by a panel — which panel) Note This information may be available from a system used by the Australian Industrial Registry for tracking of certified agreements.	Within 2 weeks after the certification
105	The following information about a matter to which section 45, section 127, section 166A, section 170LW, section 170MW, section 170MX, subsection 285A (3) or section 298Z of the Act, or section 18 of Schedule 1B to the Act (including a matter in which application was made under the former section 188 of the Act) applies: (a) a statement that the matter has commenced; (b) case number; (c) all related print numbers; (d) matter type (by reference to the relevant section of the Act); (e) the place where the matter was lodged; (f) the name and role (eg applicant, respondent) of each party; (g) the type of party (eg individual, organisation); (h) if a party is an organisation — whether the party is an employee organisation or an employer organisation; (i) the outcome of the matter (if reached) and remedies obtained (if any); (j) case summary text information (if available)	Within 1 month after the matter commences
106	The following information about a matter to which section 170CE of the Act applies: (a) a statement that the matter has commenced; (b) case number; (c) all related print numbers; (d) matter type (by reference to the relevant section of the Act); (e) the place where the matter was lodged; (f) the outcome of the matter (if reached) and remedies obtained (if any), including the amount of any financial remedy; (g) case summary text information (if available)	Within 1 month after the matter commences
107	If information about a matter has been given under item 105 or 106, and the matter is finalised in a subsequent month — the following information: (a) a statement that the matter was finalised on a particular day;	Within 1 month after the matter is finalised
(b) case number; (c) all related print numbers; (d) the outcome of the matter (if reached) and remedies awarded (if any), including the amount of any financial remedy; (e) case summary text information (if available)

Part 2Copies of documents in paper form

Item	Copy of document	Time by which copy to be given
201	Copy of: (a) certified agreement; or (b) extension of certified agreement; or (c) variation of certified agreement; or (d) order terminating certified agreement	Within 3 weeks after the certification, extension, variation or order
202	Copy of certified agreement that: (a) has been declared ‘confidential’; or (b) includes a provision that has been declared ‘confidential’; if the agreement is publicly available	Within 3 weeks after the certification

Schedule 2Other amendments

(regulation 3)

  

[1]Subregulation 30ZA (5)

omit

with employee

insert

with the employee

[2]Paragraph 131A (2) (b)

omit

seven

insert

7

[3]Paragraph 132CA (1) (a)

omit

a soon

insert

as soon

[4]Schedule 1, Form 13

omit

Division 11A of

Notes

1. These Regulations amend 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; 1995 Nos. 376 and 434; 1996 Nos. 80, 168, 269, 307, 328, 329 and 351; 1997 Nos. 48, 56, 101 (regulation 4 was disallowed by the Senate on 26 June 1997), 246, 281, 313, 314 (disallowed by the Senate on 25 March 1998) and 424; 1998 Nos. 187, 338 (disallowed by the Senate on 16 February 1999), 353 (disallowed by the Senate on 16 February 1999) and 354; 1999 Nos. 42, 43, 67, 195, 205, 244, 297, 336 and 337; 2000 Nos. 121 (disallowed by the Senate on 17 August 2000), 258 and 328 (disallowed by the Senate on 27 June 2001); 2001 Nos. 225, 323 and 326; 2002 Nos. 71, 208 and 337; 2003 No. 81.

2. Notified in the Commonwealth of Australia Gazette on 21 August 2003.