EXPLANATORY STATEMENT
Statutory Rules 1985 No. 19
Conciliation and Arbitration Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
These amendments to the Conciliation and Arbitration Regulations are designed to take into account changes to Part III of the Conciliation and Arbitration Act 1904 which were inserted by sections 5 and 11 of the Conciliation and Arbitration Amendment Act (No 2) 1983. Sections 5 and 11, which came into effect on the date of Assent (16 December 1983), insert new sections 22AA, 44B and 44C.
New sections 22AA, 44B and 44C are designed to achieve, in conjunction with complementary legislation in the States, improved co-ordination between the industrial tribunals operating within Australia.
Section 22AA provides for the conduct of joint proceedings between the Australian Conciliation and Arbitration Commission (“the Commission”) and a prescribed State Industrial Authority.
Section 44B (for which no regulations are required) provides that the President of the Commission may refer an industrial dispute to a Local Industrial Board constituted by a member of a State Industrial Authority for determination.
Section 44C provides for the nomination of a member of the Commission to act as a member of a State Industrial Authority where provision is made in a prescribed law of a State.
To date, New South Wales, Queensland, South Australia and Tasmania have enacted complementary legislation. Western Australia has also enacted legislation and the complementary industrial relations provisions are to be proclaimed on 1 March 1985. Regulations 164AAA and 164AAB have been made in relation to the New South Wales, South Australian, Queensland and Tasmanian legislation. The new regulations relate only to the Western Australian legislation.
The amendment to Regulation 164AAA prescribes the Western Australian Industrial Relations Commission as the State Industrial Authority for the purposes of section 22AA.
The amendment to Regulation 164AAB prescribes the Western Australian Industrial Relations Act 1979 for purposes of section 4 4C.
Regulation 1 provides that the new regulations relating to the Western Australian State Industrial Authority and legislation shall take effect on 1 March 1985 in order to coincide with the proposed proclamation of the complementary industrial relations provisions of the Western Australian Industrial Relations Act 1979.
Further regulations will be required upon the enactment of similar complementary legislation by the remaining State, Victoria.