EXPLANATORY STATEMENT
Statutory Rules 1984 No. 20
Conciliation and Arbitration Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
The Conciliation and Arbitration Regulations (Amendment) make provision for requests under section 170 of the Conciliation and Arbitration Act 1904 (the Principal Act) to the Registrar to conduct an election for an office in an organization or a branch of an organization.
Regulation 1 provides a citation of the Principal Regulations.
Regulation 2 amends regulation 139 of the Conciliation and Arbitration Regulations (the Principal Regulations) by inserting new sub-regulation 139(3A).
Sub-regulation 139(3A) provides that where members of an organization or branch request the Registrar to conduct an election the request shall set out the names, addresses and signatures of the members and be accompanied by a statutory declaration by a person in whose presence the request was signed. The person making the statutory declaration is required to declare that the person signed the request in his presence and that the person is known to him by the name set out in the declaration and to declare, to the best of his knowledge and belief, that the person resides at the address shown and is a member of the organization.
To overcome possible ambiguity with the definition of “Registrar” in the Principal Regulations, regulations 2 and 3 of the Conciliation and Arbitration Regulations (Amendment) also amended, respectively, regulations 139 and 140 of the Principal Regulations by omitting the reference therein to “Industrial Registrar” and substituting the word “Registrar”.
The Conciliation and Arbitration Regulations (Amendment) also amended regulation 153 of the Principal Regulations.
Section 158AE of the Principal Act provides for the appointment of persons to audit the accounts of organizations. Sub-section 158AE(1A) provides that:
“(1A) An auditor … shall be a competent person or a firm at least one of whose members is a competent person”.
Sub-section 158AE(3) provides that:
“(3) The Regulations may provide that a person is not a competent person for the purposes of sub-section (1A) in relation to all or any organizations unless he is included in a prescribed class of persons.”
Before its amendment by regulation 4 regulation 153 required that, where the organization had an annual income exceeding $10,000, “a competent person” had to be a registered public accountant or a registered or licensed auditor. Where the organization had an income of less than $10,000, “a competent person” had to have a certificate issued by the Registrar stating that the person had had experience in the keeping or auditing of accounts. Amended regulation 153 provides that persons competent to audit the accounts of an organization having an annual income in excess of $10,000 are competent to audit the accounts of organizations having an annual income of less than $10,000.
Overview
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 20 were enacted to address certain procedural aspects in the election processes for offices within organisations and branches, as well as to amend the criteria for appointing auditors of organisations' accounts under the Conciliation and Arbitration Act 1904. These regulations were introduced by the Minister for Employment and Industrial Relations to streamline and clarify the processes involved in these areas. The objective of these amendments is to ensure that the procedures for conducting elections and appointing auditors are both transparent and robust, thereby maintaining the integrity of the industrial relations processes overseen by the Registrar.
These amendments were made to enhance the efficacy of the Conciliation and Arbitration Regulations by updating the requirements for election requests and auditor appointments. By specifying the need for a statutory declaration when requesting an election and by aligning the qualifications for auditors across different income brackets, the regulations aim to provide clear guidelines and reduce potential ambiguities, thus supporting the overall goal of fair and effective industrial relations practices.
Scope and Application
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 20 are designed to enhance the administration of elections within organisations and branches regulated under the Conciliation and Arbitration Act 1904. This amendment applies to the members of an organisation or branch who are eligible to request the Registrar to conduct an election, specifying that such requests must include the names, addresses, and signatures of the members, and be accompanied by a statutory declaration verifying the signatories' identities and membership status. Additionally, the amendment addresses the definition of the Registrar within the regulations, clarifying the role in the electoral process by replacing references to "Industrial Registrar" with "Registrar" to avoid ambiguity. Furthermore, the amendment alters the criteria for appointing auditors for organisations, allowing those competent to audit larger organisations to also audit smaller ones, irrespective of the annual income threshold previously set at $10,000. This legislative change aims to streamline the auditing process and ensure consistency in the qualifications required for auditing across organisations of different sizes.
Key Provisions
The Conciliation and Arbitration Regulations (Amendment) introduce several important changes to the existing framework for conducting elections within organisations or their branches. Regulation 2 amends regulation 139 of the Principal Regulations by introducing a new sub-regulation 139(3A). This new provision requires that any request for the Registrar to conduct an election must include the names, addresses, and signatures of the members making the request, along with a statutory declaration. This declaration must be made by a person who witnessed the signing of the request and must confirm that the signatory is known to them by the stated name, resides at the provided address, and is a member of the organisation (reg. 2). Additionally, regulations 2 and 3 make necessary adjustments to clarify the term “Registrar,” replacing any reference to “Industrial Registrar” with “Registrar” in regulations 139 and 140 to avoid ambiguity (regs 2 and 3).
The obligations imposed by these amendments include the requirement for members to provide detailed and verified information when requesting an election. This ensures that the Registrar has sufficient evidence to verify the identity and membership status of the requestors. The necessity for a statutory declaration witnessed by a known individual adds an additional layer of verification to the process, aiming to prevent fraud and ensure the legitimacy of the election request. Furthermore, the amendment to regulation 153 now allows individuals who are competent to audit the accounts of larger organisations (those with an annual income exceeding $10,000) to also audit the accounts of smaller organisations (those with an annual income of less than $10,000). This change broadens the pool of eligible auditors and potentially streamlines the auditing process for smaller entities.
In terms of consequences for non-compliance, the Explanatory Statement does not explicitly detail specific offences or penalties associated with breaches of the amended regulations. However, it can be inferred that failure to adhere to the requirements for requesting an election, such as not providing the necessary statutory declaration or incorrect information, could lead to the Registrar rejecting the request. This could, in turn, delay or prevent the conduct of the election, which could have significant implications for the governance and decision-making processes within the organisation. For auditing requirements, non-compliance with the new provisions for appointing competent auditors could result in invalid audits, potentially leading to regulatory scrutiny or disputes over the legitimacy of financial records. While specific penalties are not stated, the implications of non-compliance could include legal challenges, financial penalties, or damage to the organisation's reputation.