EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO 105
Issued by the Authority of the Minister for Industrial Relations.
CONCILIATION AND ARBITRATION REGULATIONS (AMENDMENT)
Regulations 119 and 127 of the Conciliation and Arbitration Regulations are concerned with grounds of objection to applications made to the Industrial Registrar under section 132 and sub-section 139(1) of the Conciliation and Arbitration Act.
Section 132 of the Act sets out the conditions to be complied with before an association may become registered as an organisation. Section 139 sets out the manner by which an organisation may change its name or rules.
Regulation 119(2) specifies the grounds of objection available to an objection to an application for registration made pursuant to section 132. Regulation 127(6) specifies the grounds of objection available to an objection to an application to alter the name or rules of an organisation made pursuant to sub-section 139(1) of the Act. Both sub-regulations are prefixed by “the grounds of objection may include one or more of the following grounds …”.
The proposed amendments have arisen as a consequence of a decision by Mr Justice Coldham in May 1976 (C Nos 654 and 683 of 1976) in connection with appeals to the Commission from a decision of the Registrar on applications pursuant to sub-section 139(1) of the Act. In that decision his Honour decided that the grounds of objection to an application for registration under the Act are limited to the three grounds specified in sub-regulation 119(2) of the Regulations and that the grounds of objection to an application under sub-section 139(1) of the Act are similarly restricted by
virtue of sub-regulation 127(6). In reaching his conclusions his Honour interpreted the phrase “may include” in each sub-regulation as words of limitation rather than facultative.
The proposed amendments are designed to make it clear that the grounds of objection available are not restricted to those specified in sub-regulations 119(2) and 127(6). This would then give effect to a long-standing practice of Registrars to hear argument on any reasonable ground of objection be it a ground specified in the Regulations or not.