EXPLANATORY STATEMENT
Statutory Rules 1983 No 217
Conciliation and Arbitration Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
Section 36 of the Conciliation and Arbitration Act 1904 provides that the Minister may intervene before the Australian Conciliation and Arbitration Commission in the public interest in matters arising under sub-section 31(1) , section 34, sub-section 34A(4) or section 35 of the Act (viz: proceedings involving a Full Bench of the Commission).
Sub-regulation 25(4) and paragraphs 27(2)(b) and 28(d) of the Conciliation and Arbitration Regulations require that the Attorney-General be notified of Full Bench hearings, appeals and the hearing of appeals respectively. In accordance with current administrative arrangements and consistent with section 36 of the Act, regulations 1, 2 and 3 of the Conciliation and Arbitration Regulations (Amendment) replace references to the Attorney-General with references to the Minister.
Overview
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1983 No 217 were enacted to refine the administrative processes outlined in the Conciliation and Arbitration Act 1904, primarily addressing the need to streamline notifications and interventions in Full Bench proceedings of the Australian Conciliation and Arbitration Commission. This amendment was introduced by the Australian Parliament and was intended to ensure that the Minister for Employment and Industrial Relations, rather than the Attorney-General, is the designated authority for notifying and intervening in specific arbitration matters, as stipulated in the Act. The policy objective behind this change is to align the regulatory framework with current administrative practices, thereby enhancing the efficiency and responsiveness of the arbitration process in the public interest.
Scope and Application
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1983 No 217 pertains to the Conciliation and Arbitration Act 1904 and applies to proceedings involving a Full Bench of the Australian Conciliation and Arbitration Commission. Specifically, the amendment modifies regulations concerning the notification of the Attorney-General to instead require notification of the Minister for Employment and Industrial Relations. This shift in regulatory focus reflects the Minister’s authority to intervene in the public interest in specific types of proceedings as outlined in the Act, namely those mentioned under sections 31(1), 34, 34A(4), and 35. This change ensures that the Minister, rather than the Attorney-General, is informed of Full Bench hearings, appeals, and the hearing of appeals, aligning with the administrative arrangements and the statutory mandate provided by section 36 of the Act. The application of these regulations is limited to the Commonwealth jurisdiction, affecting the procedural aspects of the Commission’s activities.
Key Provisions
The main operative sections of the Conciliation and Arbitration Regulations (Amendment) concern the substitution of references to the Attorney-General with references to the Minister for Employment and Industrial Relations in relation to Full Bench hearings, appeals, and the hearing of appeals (regs 1, 2 and 3). This amendment aligns with section 36 of the Conciliation and Arbitration Act 1904, which allows the Minister to intervene before the Australian Conciliation and Arbitration Commission in the public interest in specific matters. The purpose of these amendments is to streamline the notification process and ensure consistency with the statutory framework that governs the intervention powers of the Minister.
The obligations and requirements imposed by these regulations are primarily procedural. They mandate that notifications related to Full Bench hearings, appeals, and the hearing of appeals must now be directed to the Minister instead of the Attorney-General (regs 1, 2 and 3). This change ensures that the Minister, who has the authority to intervene in these matters, is kept informed in a timely manner. The regulations also maintain the requirement to notify the Minister of these proceedings, ensuring that the statutory framework is followed correctly and that the Minister’s intervention powers are properly exercised.
The Conciliation and Arbitration Regulations (Amendment) do not introduce new offences or penalties. However, failure to comply with the notification requirements could potentially lead to procedural issues in the arbitration process, as the Minister would not be adequately informed. While there are no specific penalties outlined within the regulations for non-compliance, the broader legislative framework under the Conciliation and Arbitration Act 1904 could impose consequences for procedural irregularities. For example, the Act allows for the setting aside of awards or agreements if there has been a failure to comply with the necessary procedures, which could indirectly result in legal and financial consequences for the parties involved.
In summary, the Conciliation and Arbitration Regulations (Amendment) modify the notification process for Full Bench hearings, appeals, and the hearing of appeals by replacing references to the Attorney-General with references to the Minister for Employment and Industrial Relations. This change is intended to streamline the process and ensure consistency with the statutory powers of the Minister. While the regulations do not introduce new penalties, failure to comply with the notification requirements could lead to procedural issues and potential consequences under the broader arbitration framework.