EXPLANATORY STATEMENT
Statutory Rules 1986 No. 59
Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations
The Builders Labourers’ Federation (Cancellation of Registration) Act 1986 (“the Cancellation of Registration Act”) and the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986 (“the Consequential Provisions Act”) received the Royal Assent on 14 April 1986.
By force of section 3 of the Cancellation of Registration Act, the registration of The Australian Building Construction Employees’ and Builders Labourers’ Federation (“the BLF”) as an organization of employees under the Conciliation and Arbitration Act 1904 was cancelled on 14 April 1986.
Section 8 of the Consequential Provisions Act permits the making of regulations for the purposes of that Act.
Under sub-section 7(2) of the Consequential Provisions Act, such regulations may declare that, with the consent of another organization of employees registered under the Conciliation and Arbitration Act 1904, persons employed or usually employed in work of a specified kind or class in Australia or in a specified part or parts of Australia in a relevant industry are eligible for membership of that other organization. A relevant industry is defined by sub-section 7(1) as an industry in or in connection with which the BLF was registered immediately before the commencement of the Cancellation of Registration Act. Consent may be given for the purposes of this provision by the Secretary or another executive officer of the organization of employees concerned.
The regulations provide that persons who are, or are usually, employed in work of a kind or class normally performed by persons in a classification specified in Schedules to the regulations, in the parts of Australia shown in the Schedules are eligible for membership of the organizations of employees registered under the
Conciliation and Arbitration Act 1904 which, having given the necessary consent and by virtue of the regulations, have the right to have those persons as members.
The organizations which have so given their consent are:
• The Building Workers’ Industrial Union of Australia;
• The Federated Engine Drivers’ and Firemen’s Association of Australasia;
• The Victorian Plasterers’ Society;
• Victorian Operative Bricklayers’ Society;
• Victorian Plaster Industry Workers Union;
• The Plumbers and Gasfitters Employees’ Union of Australia.
Persons whose employment comes within the classifications that are set out in the Schedules to the regulations which relate to each of the above organizations are eligible for membership of the organization concerned.
Sub-section 7(3) provides that the making of the regulations for the purposes of section 7 which declare the persons referred to in the regulations to be eligible for membership of an organization of employees does not preclude the making of any alteration to the rules of that organization. If an alteration so made to which the Industrial Registrar has consented under the Conciliation and Arbitration Act 1904 is inconsistent with the terms of the regulations, the latter, to the extent of the inconsistency, cease to have effect.