Workplace Relations Regulations (Amendment) (Cth)

Statutory Rules 1997No. 314 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 10 November 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 Part 5D

2.1   After Part 5C, insert:

“PART 5D—APPROVING AUTHORITIES

(NO-DISADVANTAGE TEST)

Approving authority (Act, s. 170X)

 “30ZR.(1) The prescribed criteria in relation to a person or unincorporated body (‘the proposed authority’) for the purposes of paragraph (c) of the definition of ‘approving authority’ in section 170X of the Act are that the Minister is satisfied that the proposed authority has:

• (a)

  skills and experience of a high order in the field of vocational education and training; and

• (b)

  the capacity to act fairly in discharging the functions of an approving authority.

“(2) For the purposes of paragraph (1) (b), the Minister must consider whether the proposed authority, if declared to be an approving authority, will be likely to balance the interests of trainees or apprentices with those of employers in:

• (a)

  approving traineeships and apprenticeships; and

• (b)

  making determinations under sections 170XC and 170XD of the Act.

“(3) In this regulation:

‘Minister’ means:

• (a)

  the Minister for Employment, Education, Training and Youth Affairs; or

• (b)

  the Minister for Schools, Vocational Education and Training.

Delegation

 “30ZS. (1) An approving authority that is a State or Territory training authority may delegate its powers (other than this power of delegation) and functions to:

• (a)

  a State or Territory training authority of the same State or Territory; or

• (b)

  a training organisation, whether or not incorporated, that is registered as such under the law of that State or Territory; or

• (c)

  a person or unincorporated body that, in the opinion of the approving authority, has:

  • (i)

    skills and experience of a high order in the field of vocational education and training; and

  • (ii)

    the capacity to act fairly in discharging the functions of an approving authority.

 “(2) For the purposes of paragraph (1) (b), the law of the State or Territory under which the training organisation is registered must be consistent with the principles of registration agreed between the Commonwealth, the States and Territories.

“(3) For the purposes of subparagraph (1) (c) (ii), the approving authority must consider whether the person or unincorporated body will be likely to balance the interests of trainees or apprentices with those of employers in:

• (a)

  approving traineeships and apprenticeships; and

• (b)

  making determinations under sections 170XC and 170XD of the Act.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 November 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, 246, 281 and 313.