Workplace Relations Amendment Regulations 2003 (No 4) (Cth)

Workplace Relations Amendment Regulations 2003 (No. 4)1

Statutory Rules 2003 No. 3502

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 18 December 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

KEVIN ANDREWS

Minister for Employment and Workplace Relations

1Name of Regulations

These Regulations are the Workplace Relations Amendment Regulations 2003 (No. 4).

2Commencement

These Regulations commence on 1 January 2004.

3Amendment of Workplace Relations Regulations 1996

Schedule 1 amends the Workplace Relations Regulations 1996.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 21

substitute

21Publication of notice for the purposes of paragraph 141 (4) (a) of the Act

1. (1)

   Subject to subregulation (2), the notice that is to be published by the Commission in accordance with paragraph 141 (4) (a) of the Act must:

   1. (a)

      be published in the Gazette and in such other publications (if any) as the Commission thinks fit; and

   2. (b)

      subject to any directions of the Commission or a member of the Commission, be in accordance with the approved form.

2. (2)

   If the notice referred to in subregulation (1) relates to a common rule in Victoria, the notice must specify a date for hearing not less than 28 days after the date of the publication of the notice.

3. (3)

   Subregulation (2) ceases to have effect on 1 January 2005.

[2]Subregulation 22 (1)

omit

industry in a Territory,

insert

industry,

[3]Subparagraph 22 (1) (c) (vi)

omit

Incorporated.

insert

Incorporated; and

[4]After paragraph 22 (1) (c)

insert

1. (d)

   where the term is a common rule of an industry in Victoria — to:

   1. (i)

      the Victorian Employers’ Chamber of Commerce and Industry; and

   2. (ii)

      the Australian Council of Trade Unions; and

   3. (iii)

      the Australian Industry Group; and

   4. (iv)

      the Victorian Trades Hall Council; and

   5. (v)

      any other person or organisation that the Commission considers appropriate.

[5]Regulation 23

substitute

23Publication of a notice for subsection 142 (4) of the Act

A notice that is to be published by the Registrar under subsection 142 (4) of the Act, must be published:

1. (a)

   in the approved form; and

2. (b)

   in the Gazette; and

3. (c)

   if the notice relates to a common rule of an industry in the Australian Capital Territory:

   1. (i)

      in a newspaper or newspapers circulating in the Australian Capital Territory; and

   2. (ii)

      in any other publication circulating in the Australian Capital Territory that the Commission considers appropriate; and

4. (d)

   if the notice relates to a common rule of an industry in the Northern Territory:

   1. (i)

      in a newspaper or newspapers circulating in the Northern Territory; and

   2. (ii)

      in any other publication circulating in the Northern Territory that the Commission considers appropriate; and

5. (e)

   if the notice relates to a common rule of an industry in Victoria:

   1. (i)

      in a newspaper or newspapers circulating in Victoria; and

   2. (ii)

      in any other publication circulating in Victoria that the Commission considers appropriate.

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 Nos. 81 and 212; Act No. 104, 2003; Statutory Rules 2003 No. 349.

2. Notified in the Commonwealth of Australia Gazette