EXPLANATORY STATEMENT
Statutory Rules 1984 No. 465
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, 443 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, recently, Tasmania have enacted complementary legislation (Western Australia has also passed such legislation but a date has not yet been determined for its proclamation). Regulations 164AAA and 164AAB have been made in relation to the New South Wales, South Australian and Queensland legislation. The new regulations relate only to the Tasmanian legislation.
The amendment to Regulation 164AAA prescribes the Industrial Commission of Tasmania as the State Industrial Authority for the purposes of section 22AA.
The amendment to Regulation 164AAB prescribes the Tasmanian Industrial Relations Act 1984 for purposes of section 44C.
Regulation 1 provides that the new regulations relating to the Tasmanian State Industrial Authority and legislation shall take effect on 1 January 1985 in order to coincide with the proposed proclamation of the Tasmanian Industrial Relations Act 1984.
Further regulations will be required upon the enactment of similar complementary legislation by the remaining States.
Overview
The Conciliation and Arbitration Regulations (Amendment) 1984, as stipulated in Statutory Rules 1984 No. 465, aim to adapt the existing Conciliation and Arbitration Regulations to align with the modifications introduced by the Conciliation and Arbitration Amendment Act (No 2) 1983. This amendment, enacted by the Commonwealth Parliament, seeks to improve the coordination between industrial tribunals across Australia, facilitating more efficient and cohesive industrial relations processes. These changes are particularly focused on integrating the Australian Conciliation and Arbitration Commission with prescribed State Industrial Authorities, ensuring a unified approach to resolving industrial disputes.
The new regulations, particularly those amending Regulations 164AAA and 164AAB, specify the Industrial Commission of Tasmania and the Tasmanian Industrial Relations Act 1984 respectively, to align with the newly introduced sections 22AA and 44C. These amendments are set to take effect from 1 January 1985, aligning with the anticipated proclamation of the Tasmanian Industrial Relations Act 1984. The overarching policy objective of these regulations is to enhance collaboration between federal and state industrial bodies, thereby improving the efficiency and effectiveness of industrial dispute resolution mechanisms.
Scope and Application
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 465 are specifically tailored to align with amendments introduced by the Conciliation and Arbitration Amendment Act (No 2) 1983, which included the insertion of new sections 22AA, 44B, and 44C into the Conciliation and Arbitration Act 1904. These regulations are intended to enhance coordination between the Australian Conciliation and Arbitration Commission and State Industrial Authorities, particularly in states that have enacted complementary legislation. The regulations apply to the Commission and prescribed State Industrial Authorities, primarily focusing on joint proceedings and the referral of industrial disputes for determination. Currently, New South Wales, Queensland, South Australia, and Tasmania have enacted the necessary complementary legislation, with regulations made to accommodate the Industrial Commission of Tasmania and the Tasmanian Industrial Relations Act 1984. The new regulations will take effect on 1 January 1985, aligning with the proclamation of the Tasmanian Industrial Relations Act 1984. Further regulations will be required if and when the remaining states adopt similar complementary legislation.
Key Provisions
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 465 introduce changes that align with new sections 22AA, 44B and 44C added to the Conciliation and Arbitration Act 1904 via the Conciliation and Arbitration Amendment Act (No 2) 1983. These sections, which became effective on 16 December 1983, aim to enhance coordination between federal and state industrial tribunals. Specifically, section 22AA (1) facilitates joint proceedings between the Australian Conciliation and Arbitration Commission and a designated State Industrial Authority, enabling more streamlined and effective dispute resolution processes. Section 44B (2) allows the President of the Commission to refer an industrial dispute to a Local Industrial Board, constituted by a member of a State Industrial Authority, for determination, thereby decentralising some decision-making responsibilities. Section 44C (3) permits the nomination of a Commission member to serve on a State Industrial Authority, subject to state legislative provisions.
These amendments impose obligations on both the Australian Conciliation and Arbitration Commission and State Industrial Authorities to cooperate in handling industrial disputes. The Commission must engage in joint proceedings as per section 22AA and may refer disputes to Local Industrial Boards under section 44B. State Industrial Authorities are required to accept nominated Commission members under section 44C and participate in joint proceedings when called upon. The regulations also mandate that the Tasmanian Industrial Relations Act 1984 and the Industrial Commission of Tasmania be recognised for these purposes, effective from 1 January 1985.
Breaches of the provisions outlined in these regulations may lead to legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, violations of conciliation and arbitration laws generally could result in fines, imprisonment, or other penalties as prescribed by relevant legislation. The precise penalties would depend on the nature and severity of the breach, as well as any additional statutory provisions that may apply.