Construction Industry Reform and Development Regulations (Amendment) 1993 No. 230
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 230
Issued by the Authority of the Minister for Industrial Relations
Construction Industry Reform and Development Act 1992
Construction Industry Reform and Development Regulations (Amendment)
Section 56 of the Construction Industry Reform and Development Act 1992 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Act establishes two bodies known as the Construction Industry Development Council (the Council) and the Construction Industry Development Agency (the Agency). The Act further provides that there is to be a Board of the Agency.
Paragraph 6(1)(e) of the Act provides that members to represent prescribed industry bodies are to be appointed to the Council. Paragraph 6(1) (g) provides that members to represent prescribed trade unions are also to be appointed to the Council.
Regulation 5 of the Construction Industry Reform and Development Regulations (the Regulations) currently prescribes the various industry bodies identified in Schedule 1 of the Regulations. Regulation 7 currently prescribes the various trade unions identified in Schedule 2 to the Regulations.
The names of a number of industry bodies and trade unions had changed and it was necessary to amend Schedule 1 and Schedule 2 to reflect these changes.
Subregulation 3.1 omits the Schedules and substitutes them with new Schedules 1 and 2.
Section 20 of the Act provides that the Board shall consist of a number of members including a Chief Executive Officer (CEO). Subsection 37(2) of the Act provides in part that the CEO is to be paid such allowances as are prescribed. Subsection 37(3) provides in part that subsection 37(2) has effect subject to the Remuneration Tribunal Act 1973.
Regulation 10 of the Regulations provided an entitlement to travelling allowance for the CEO.
The Remuneration Tribunal had determined travelling allowance for the CEO and regulation 10 was no longer required.
Subregulation 2.1 omits regulation 10 of the Regulations.
The Regulations commenced on gazettal.
Overview
The Construction Industry Reform and Development Regulations (Amendment) 1993 No. 230, issued under the authority of the Minister for Industrial Relations, amend the Construction Industry Reform and Development Regulations 1992. The primary aim of these amendments is to reflect changes in the names of certain industry bodies and trade unions, as well as to update the prescribed allowances for the Chief Executive Officer of the Construction Industry Development Agency. This amendment ensures that the regulations align with current industry classifications and remuneration standards set by the Remuneration Tribunal. The policy objective is to maintain the effectiveness and relevance of the regulatory framework governing the construction industry in Australia, ensuring that it continues to meet the needs of industry stakeholders and supports the ongoing reform and development of the construction sector.
Scope and Application
The Construction Industry Reform and Development Regulations (Amendment) 1993 No. 230 applies to the construction industry in Australia, specifically targeting industry bodies and trade unions involved in the sector. This amendment was necessitated by changes in the names of some industry bodies and trade unions, which required updating in Schedules 1 and 2 of the Construction Industry Reform and Development Regulations. The amendments ensure that the regulations continue to appropriately reflect the current landscape of industry representation. The Act itself applies to the Commonwealth, with its provisions extending to the creation of the Construction Industry Development Council and the Construction Industry Development Agency, which are instrumental in overseeing industry reforms and developments. The regulations amend existing provisions to align with the current nomenclature of industry bodies and unions, thereby maintaining the integrity and effectiveness of the legislative framework. The scope of these regulations is confined to the construction industry, and they do not extend beyond this sector, ensuring that the amendments do not inadvertently affect other industries or entities.
Key Provisions
The Construction Industry Reform and Development Regulations (Amendment) 1993 No. 230 amends existing regulations under the Construction Industry Reform and Development Act 1992 (the Act). Section 56 of the Act empowers the Governor-General to make regulations for the purposes of the Act, and this amendment updates the regulatory framework in response to changes in industry bodies and trade unions. Specifically, the amendment involves updating the names of industry bodies and trade unions in Schedule 1 and Schedule 2 of the Construction Industry Reform and Development Regulations (the Regulations), respectively. This ensures that the Council continues to accurately represent the current industry and union landscape.
The obligations imposed by the amended Regulations are primarily administrative and ensure that the Council is composed of appropriate representatives. Regulation 6(1)(e) and (g) of the Act require the appointment of members to represent prescribed industry bodies and trade unions to the Council. This amendment ensures that these appointments are made according to the most recent identifications in Schedule 1 and Schedule 2 of the Regulations. The Regulations also outline the Board's composition, including the appointment of a Chief Executive Officer (CEO) as stipulated in section 20 of the Act. The CEO's remuneration, governed by section 37 of the Act, is subject to the Remuneration Tribunal Act 1973, which determines the allowances payable to the CEO.
The amendment also removes regulation 10 of the Regulations, which had previously provided for a travelling allowance for the CEO. This allowance was determined by the Remuneration Tribunal, rendering regulation 10 redundant. The Regulations, including these amendments, commenced on the date of gazettal, meaning they came into effect immediately upon being published in the Commonwealth Gazette.
There are no specific offences, penalties, or consequences outlined in the amendment for failing to comply with these regulatory updates. The primary focus of the amendment is to maintain the integrity and relevance of the regulatory framework governing the Construction Industry Development Council and the Construction Industry Development Agency.