EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 101
Conciliation and Arbitration Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
The Conciliation and Arbitration Regulations (Amendment) commenced on the date of commencement of sections 3, 6, 7, 8, 9, 10, 14 and 16, sub-section 22(3) and sections 39, 40, 41 and 43 of the Conciliation and Arbitration Amendment Act (No 2) 1983.
Regulations 1-5 inclusive of the Conciliation and Arbitration Regulations (Amendment) amend those provisions of the Conciliation and Arbitration Regulations (the Principal Regulations) which deal with common rules.
Regulation 1 of the Conciliation and Arbitration Regulations (Amendment) amends regulation 33 of the Principal Regulations by extending the procedure for making applications for common rules of an industry in a Territory to applications for common rules of the whole or any specified part or branch of public service.
Regulation 2 of the Conciliation and Arbitration Regulations (Amendment) makes a consequential amendment to regulation 36.
Regulation 3 of the Conciliation and Arbitration Regulations (Amendment) inserts regulation 36AA which provides for notices under sub-section 49A(2) in relation to variations of common rules of the whole or any specified part or branch of public service. Regulation 36AA requires the notice to be in the form prescribed, to be published in the Gazette and to be served on certain organisations.
Regulation 4 of the Conciliation and Arbitration Regulations (Amendment) amends regulation 36B of the Principal Regulations. Regulation 36B provides that notices under sub-section 49A(3) should be in the form prescribed and be published in the Gazette and a newspaper. The amendment to regulation 36B extends its application, except in relation to the requirement that the notice be published in a newspaper, to variations of common rules of the whole or any specified part or branch of public service.
Regulation 5 of the Conciliation and Arbitration Regulations (Amendment) amends regulation 42 of the Principal Regulations. Regulation 42 extends the application of Part II (Procedure of the Australian Conciliation and Arbitration Commission) of the Principal Regulations to certain Divisions of Part III of the Act. Regulation 5 inserts a reference to Division 1A in regulation 42 to extend the procedures set out in Part II of the Regulations to proceedings under Division 1A.
Regulation 6 of the Conciliation and Arbitration Regulations (Amendment) inserts regulations 164AAC, 164AAD and 164AAE in the Principal Regulations.
Regulation 164AAC sets out the bodies declared to be bodies to which the definition of “Commonwealth authority” in sub-section 70A(1) does not apply.
Regulation 164AAD sets out laws prescribed for the purposes of paragraph (e) of the definition of “employee” in sub-section 70A(1) of the Act.
Regulation 164AAE sets out the bodies declared to be bodies to which the definition of “Northern Territory authority” in subsection 70A(1) does not apply.
Regulation 7 of the Conciliation and Arbitration Regulations (Amendment) makes a number of consequential amendments to forms 9, 10, 11, 11AA, 11AB and 11AC in Schedule 1 of the Principal Regulations.