Conciliation and Arbitration Regulations (Amendment)

Overview

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1988 No 66, enacted by the Australian Parliament, aims to address the exemption of Australian Airlines Limited from the operation of Division 1A of Part III of the Conciliation and Arbitration Act 1904. The regulation maintains the exemption of the airline from Division 1A, which pertains to the jurisdiction of the Australian Conciliation and Arbitration Commission over industrial disputes and matters affecting Commonwealth and Territory employees. The policy objective of this amendment is to align with the commercial nature of Australian Airlines Limited’s operations, ensuring it is consistent with exemptions granted to other major government enterprises. The regulation achieves this by amending regulation 164AAC to include Australian Airlines Limited in the list of bodies to which the definition of "Commonwealth authority" does not apply, thereby excluding it from the purview of Division 1A of the Conciliation and Arbitration Act.

Scope and Application

The Conciliation and Arbitration Regulations (Amendment) issued under the authority of the Minister of State for Industrial Relations pertain specifically to Australian Airlines Limited, a Commonwealth body corporate established under the Australian Airlines (Conversion to Public Company) Act 1988. This Act, which came into effect on 30 April 1988, deems Australian Airlines Limited as a public company registered in the Australian Capital Territory. The regulation amends the definition of "Commonwealth authority" in subsection 70A(1) of Division 1A of Part III of the Conciliation and Arbitration Act 1904, exempting Australian Airlines Limited from this definition. By excluding Australian Airlines Limited from the definition of "Commonwealth authority," the regulation ensures that the company is not subject to the jurisdiction of the Australian Conciliation and Arbitration Commission regarding industrial disputes and matters affecting Commonwealth and Territory employees. This exclusion is consistent with the treatment of other major government enterprises and reflects the commercial nature of Australian Airlines Limited’s operations.

Key Provisions

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1988 No 66 primarily focuses on maintaining an exemption for Australian Airlines Limited from the application of Division 1A of Part III of the Conciliation and Arbitration Act 1904 (C & A Act). This exemption is justified by the commercial nature of the airline's operations, aligning with existing exemptions for other major government enterprises (subsection 70A(1)(d) of the C & A Act). Section 15 of the Australian Airlines (Conversion to Public Company) Act 1988 deemed the Australian National Airlines Commission to be a public company registered in the ACT under the name Australian Airlines Limited, while subsection 69(2) of the same Act rescinded the exemption by removing the reference to the Commission in paragraph 70A(1)(d) of the C & A Act. The regulation, however, reintroduces the exemption for Australian Airlines Limited by explicitly including it in regulation 164AAC of the Principal Regulations. The obligations imposed by this regulation on Australian Airlines Limited pertain to its status as a Commonwealth authority, which it retains for most purposes. The exemption from Division 1A of Part III of the C & A Act means that Australian Airlines Limited is not subject to the specific jurisdiction of the Australian Conciliation and Arbitration Commission concerning industrial disputes and industrial matters affecting Commonwealth and Territory employees. Instead, it falls under the general jurisdiction provided by Division 1 of Part III of the C & A Act. This regulation ensures that the airline remains outside the specific regulatory purview of Division 1A, which is reserved for Commonwealth authorities with a public service orientation. In terms of consequences for breach, the regulation itself does not explicitly outline offences or penalties for non-compliance. However, any failure to adhere to the terms of the exemption could potentially lead to legal challenges or disputes concerning the jurisdiction of the Australian Conciliation and Arbitration Commission. The primary risk would be that Australian Airlines Limited might be subject to industrial dispute resolutions or adjudications under Division 1A, which it is legally excluded from, thereby exposing the airline to unintended regulatory oversight. The potential civil or criminal consequences would depend on subsequent legal actions taken by affected parties or the Commission, and could include orders for compliance or financial penalties as determined by the relevant courts.