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.
Overview
The Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 were enacted in response to the cancellation of the registration of The Australian Building Construction Employees’ and Builders Labourers’ Federation (BLF) as an organization of employees under the Conciliation and Arbitration Act 1904. This cancellation was a result of the Builders Labourers’ Federation (Cancellation of Registration) Act 1986 and the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986, both of which received the Royal Assent on 14 April 1986. The policy objective of these Acts was to address issues arising from the cancellation of the BLF’s registration, particularly ensuring that employees previously covered by the BLF could continue to be represented by other eligible organizations under the Conciliation and Arbitration Act 1904. The regulations, made under section 8 of the Consequential Provisions Act, provide for the eligibility of certain workers for membership in other specified employee organizations, facilitating the transition and representation of workers in the relevant industries.
Scope and Application
The Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 was enacted to manage the consequences of the cancellation of registration of The Australian Building Construction Employees’ and Builders Labourers’ Federation under the Conciliation and Arbitration Act 1904. This legislation applies to individuals who were previously employed or usually employed by the BLF in specific kinds or classes of work within Australia or particular regions, as designated in the Schedules to the regulations. The legislation facilitates the transfer of these individuals’ eligibility for membership to other specified organisations of employees registered under the Conciliation and Arbitration Act 1904, provided that these organisations have given their consent. The scope of this legislation is national, impacting various industries that were previously covered by the BLF, and it allows for alterations to the rules of the consenting organisations, subject to the consent of the Industrial Registrar. The regulations do not apply to those not specified in the Schedules or to organisations that have not given their consent.
Key Provisions
The Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 establish the framework for the transition following the cancellation of the registration of The Australian Building Construction Employees’ and Builders Labourers’ Federation (BLF) under the Conciliation and Arbitration Act 1904. Section 3 of the Cancellation of Registration Act led to the cancellation of the BLF’s registration, effective from 14 April 1986. This cancellation was consequential to the provisions set forth in the Builders Labourers’ Federation (Cancellation of Registration) Act 1986 and the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986.
The Regulations, made pursuant to section 8 of the Consequential Provisions Act, outline the eligibility criteria for individuals who were previously employed by the BLF to become members of other registered organizations of employees. Specifically, under sub-section 7(2), these Regulations declare that with the consent of another registered organization, individuals employed in specific kinds or classes of work can join these organizations. This consent can be granted by the Secretary or another executive officer of the relevant organization. The eligible individuals are those whose employment falls within the classifications specified in the Schedules to the Regulations, which are attached to the document.
The obligations imposed by these Regulations on the relevant organizations include the necessity to provide consent for the membership of individuals previously employed by the BLF. Once consent is given, these organizations are required to accept individuals who meet the specified classifications and work types as outlined in the Schedules. It is noteworthy that any alterations to the rules of the consenting organizations must be consistent with the terms of the Regulations. If an alteration made to the rules is inconsistent with the Regulations, the latter will cease to have effect to the extent of the inconsistency, as stipulated in sub-section 7(3).
For any breach of the provisions set out in the Regulations, there may be civil or criminal consequences depending on the nature and severity of the breach. While the specific penalties are not detailed within the provided text, it is common for breaches of such regulations to incur fines or other legal repercussions. The precise penalties would generally be determined by the courts or relevant tribunals based on the specific circumstances of the breach.