EXPLANATORY STATEMENT
Statutory Rules 1985 No. 285
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 State Industrial Authority prescribed under the Conciliation and Arbitration Regulations (the Regulations).
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 law of a State prescribed under the Regulations.
Regulations 164AAA and 164AAB of the Regulations have, in relation to the New South Wales, South Australian, Queensland, Tasmanian and Western Australian legislation which contain appropriate complementary provisions, specified the State Industrial Authority in each of those States for the purposes of joint sittings and the appropriate State laws for purposes of a member of the Commission acting as a member of a State Industrial Authority in each of those States.
In Victoria, the Royal Assent has been given to complementary industrial relations provisions passed recently by the Victorian Parliament. This legislation, which amends the Victorian Industrial Relations Act 1979, will be proclaimed in the near future.
The amendment to Regulation 164AAA prescribes the Victorian Industrial Relations Commission and Conciliation and Arbitration Boards as the State Industrial Authorities for the purposes of section 22AA.
The amendment to Regulation 164AAB prescribes the Victorian Industrial Relations Act 1979 for purposes of section 44C. The promulgation of these regulations in respect of Victoria will complete the existing complementary industrial relations system arrangements between all States and the Commonwealth.