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.
Overview
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1985 No. 285 were enacted to update the existing regulations in response to the amendments introduced by the Conciliation and Arbitration Amendment Act (No 2) 1983. These amendments sought to enhance the coordination between industrial tribunals across Australia by inserting new sections 22AA, 44B, and 44C into the Conciliation and Arbitration Act 1904. The amendments aim to facilitate joint proceedings between the Australian Conciliation and Arbitration Commission and State Industrial Authorities, allowing for more efficient and streamlined industrial dispute resolution. This is achieved through the ability to refer disputes to Local Industrial Boards and enabling Commission members to act as members of State Industrial Authorities where appropriate complementary state legislation is in place. These regulations were issued under the authority of the Minister for Employment and Industrial Relations and were designed to complement the federal legislative changes, ensuring a cohesive approach to industrial relations across all states.
Scope and Application
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1985 No. 285 apply to the Australian Conciliation and Arbitration Commission and State Industrial Authorities as prescribed under the Regulations. The regulations are designed to align with changes in Part III of the Conciliation and Arbitration Act 1904, specifically those introduced by the Conciliation and Arbitration Amendment Act (No 2) 1983. They aim to enhance coordination between industrial tribunals across Australia by facilitating joint proceedings and allowing the President of the Commission to refer industrial disputes to Local Industrial Boards for determination. The amended Regulations specify State Industrial Authorities in New South Wales, South Australia, Queensland, Tasmania, Western Australia, and Victoria, thereby completing the complementary industrial relations system between all states and the Commonwealth. This comprehensive approach ensures that the regulations effectively cover industrial relations across the entire nation, with Victoria's forthcoming complementary legislation completing the jurisdictional framework.
Key Provisions
The main sections of these regulations (Regulations 164AAA and 164AAB) are instrumental in updating the Conciliation and Arbitration Regulations to align with recent amendments to the Conciliation and Arbitration Act 1904. Section 22AA, introduced by the Conciliation and Arbitration Amendment Act (No 2) 1983, facilitates the conduct of joint proceedings between the Australian Conciliation and Arbitration Commission and State Industrial Authorities. Similarly, section 44C, also from the 1983 Amendment Act, allows for the nomination of a Commission member to act as a member of a State Industrial Authority under prescribed State laws. These sections work in tandem with complementary state legislation to ensure better coordination between industrial tribunals across Australia.
These regulations impose specific obligations on the parties involved, particularly the Australian Conciliation and Arbitration Commission and the State Industrial Authorities. Regulation 164AAA designates the relevant State Industrial Authorities in New South Wales, South Australia, Queensland, Tasmania, and Western Australia for the purposes of joint sittings under section 22AA. Additionally, Regulation 164AAB identifies the Victorian Industrial Relations Act 1979 as the prescribed State law for purposes of section 44C, enabling a Commission member to act as a member of the Victorian Industrial Relations Commission and Conciliation and Arbitration Boards. These regulations are crucial in formalising the complementary arrangements between the Commonwealth and the States.
Breach of these regulations or failure to comply with the requirements set out in the amended Conciliation and Arbitration Act 1904 and the Conciliation and Arbitration Amendment Act (No 2) 1983 could potentially lead to legal consequences. While the specific offences, penalties, or civil/criminal consequences are not explicitly stated in the explanatory statement, the non-compliance with such legislative requirements could result in legal disputes or proceedings under the Act. The penalties for breaches would likely depend on the nature and severity of the non-compliance, and could range from administrative penalties to more severe legal sanctions as determined by the relevant tribunals or courts.