Conciliation and Arbitration Regulations (Amendment)

Overview

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 21, issued under the authority of the Minister for Employment and Industrial Relations, was enacted in 1984 to amend existing regulations to avoid ambiguity in the Conciliation and Arbitration Regulations concerning applications for variation or the setting aside of awards or agreements. This amendment was introduced to clarify the procedures under regulation 31, particularly in relation to notice requirements for hearings. Regulation 31(3) mandates that the Registrar must furnish a copy of the completed notice to the applicant for service purposes when a time and place for the hearing has been fixed. However, the introduction of section 49A in the Conciliation and Arbitration Amendment Act (No 2) 1983 necessitated changes to avoid potential conflicts. Regulation 1 of the Conciliation and Arbitration Regulations (Amendment) introduced a new sub-regulation 31(4), exempting the Registrar from the requirement in sub-regulation 31(3) when notices are given pursuant to section 49A(2) of the Principal Act. This change, along with the introduction of new regulation 36A, aims to streamline the notification process for hearings involving variations to common rules of an industry in a Territory, ensuring clarity and effectiveness in the regulation's application.

Scope and Application

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 21 are concerned with the application and interpretation of regulations under the Conciliation and Arbitration Act, specifically targeting Regulation 31. This amendment aims to clarify and resolve potential ambiguities that could arise in the context of applications for the variation or setting aside of awards or agreements. The Act applies to entities and individuals who are parties to awards or agreements subject to the Conciliation and Arbitration Act, primarily within the industrial and employment sectors in Australian territories. It does not specify exclusions but operates within the jurisdictional reach of the Commonwealth and territories governed by the Principal Act. The amendment, effective from 27 February 1984, introduces new sub-regulation 31(4) and regulation 36A to streamline the notification process regarding hearings for variations to award terms that are common rules of an industry, ensuring compliance with section 49A. Subordinate instruments may further extend or restrict the application of these regulations.

Key Provisions

The primary operative sections of the Conciliation and Arbitration Regulations (Amendment) involve modifications to Regulation 31, specifically with the introduction of sub-regulation 31(4) (Reg. 1). This amendment ensures that when a notice is given pursuant to section 49A(2) of the Principal Act, the Registrar need not comply with the requirement to complete and serve a notice of the time and place of the hearing as stipulated in sub-regulation 31(3) (Reg. 1). This amendment is intended to streamline the process and eliminate potential ambiguities in the context of varying terms of an award that are common rules of an industry within a Territory. This change ensures that the process outlined under section 49A does not conflict with the existing procedures in Regulation 31. The obligations and requirements imposed by this Act on the parties or entities it governs primarily revolve around the procedural aspects of applying for variations or setting aside of awards or agreements. Specifically, the Registrar is tasked with ensuring that notices are appropriately completed and served under Regulation 31(3). However, when dealing with applications pursuant to section 49A, the Registrar is exempt from this requirement, as outlined in the newly introduced sub-regulation 31(4). This exemption is designed to facilitate a more efficient and less ambiguous process for handling variations to common rules in industry awards. In terms of offences, penalties, or civil/criminal consequences for breaches, the Act itself does not explicitly state any specific penalties for non-compliance with these regulations. However, breaches of the Conciliation and Arbitration Act or its regulations could potentially lead to legal consequences under the broader framework of the Act. These might include enforcement actions by the relevant authorities or proceedings in the industrial relations or employment courts. The specific penalties would depend on the nature and severity of the breach, as well as the applicable laws and regulations governing industrial relations in Australia.