Workplace Relations Regulations (Amendment) (Cth)

Statutory Rules 1997No. 424 1

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Workplace Relations Regulations2 (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 Workplace Relations Act 1996.

Dated 18 December 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

PETER REITH

Minister for Workplace Relations and Small Business

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1.   Amendment

1.1   The Workplace 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 98JA

2.1   After regulation 98J, insert:

Outline of proposed withdrawal—matters to be addressed

 “98JA. For paragraph 253ZJA (1) (b) of the Act, the outline must address the particulars mentioned in items 1, 2, 3, 3A, 5, 7, 9, 10, 11 and 12 of Form 11A.”.

3.   Regulation 98K (Order for ballot—submissions)

3.1   Omit the regulation.

4.   Regulation 98N (Roll of voters for ballot—preparation)

4.1   Omit subregulation 98N (1), substitute:

 “(1) The roll of voters for a ballot is the roll of persons who, on the day specified in subregulation (2), are constituent members of the constituent part of the amalgamated organisation.”.

5.   Regulation 98T (Dispatch of ballot papers)

5.1   Paragraph 98T (b):

After “official”, insert “reasonably”.

5.2   Add at the end:

• “; and (d)

  any document that the Act requires to be sent with the ballot paper.”.

6.   New regulation 98ZJA

6.1   After regulation 98ZJ, insert:

Constituent part

 “98ZJA. For subsection 253ZQA (8) of the Act, the notice to the applicant must be given by notifying the representative constituent member specified under paragraph 98J (b).”.

7.   New regulation 98ZS

7.1   After regulation 98ZR, insert:

Applicants for orders under subsection 253ZX (2) of the Act—prescribed persons

 “98ZS. For paragraph 253ZX (3) (b) of the Act, an officer of a branch or other part of the amalgamated organisation may apply for an order under subsection 253ZX (2) of the Act in respect of conduct that contravenes subsection 253ZX (1) of the Act in relation to the branch or other part of the amalgamated organisation.”.

8.   Schedule 1

8.1   Form 11A:

After item 3, insert:

“3A.    If the constituent part of the amalgamated organisation is a separately identifiable constituent part of the amalgamated organisation:

• (a)

  a statement of that fact:

• (b)

  the name of the branch, division or part of the amalgamated organisation that is the separately identifiable constituent part:

• (c)

  the name of the organisation, de-registered under Division 7 of Part IX of the Act in connection with the formation of the amalgamated organisation, that remains, or the State or Territory branch of which remains, separately identifiable under the rules of the amalgamated organisation as a branch, division or part:”.

8.2   Form 11A, item 5:

Omit the item, substitute:

“5.   Particulars of the rules, immediately before amalgamation day, of:

• (a)

  the organisation, de-registered under Division 7 of Part IX of the Act in connection with the formation of the amalgamated organisation, or the State or Territory branch of the organisation, in relation to which the persons constituting the constituent part would have been eligible for membership if the de-registration had not occurred; or

• (b)

  the organisation, de-registered under Division 7 of Part IX of the Act in connection with the formation of the amalgamated organisation, or the State or Territory branch of the organisation, that remains separately identifiable under the rules of the amalgamated organisation as a branch, division or part:”.

8.3   Form 11A:

Add at the end:

“schedule

Applicants*:

* omit if inapplicable”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1997.

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, 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 and 314.