EXPLANATORY STATEMENT
Statutory Rules 1984 No 79
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 (the Act) which were inserted by sections 5 and 11 of the Conciliation and Arbitration Amendment Act (No 2) 1983. Sections 5 and 11 insert new sections 22AA, 44B and 44C.
New sections 22AA, 44B and 44C are designed, on the enactment of complementary legislation in the States, to improve co-ordination between industrial tribunals operating within Australia.
Section 22AA of the Act provides for the conduct of joint proceedings of the Australian Conciliation and Arbitration Commission with a prescribed State Industrial Authority.
Section 44B of the Act provides that the President of the Australian Conciliation and Arbitration Commission may refer an industrial dispute to a Local Industrial Board constituted by a member of a State Industrial Authority for determination.
Section 44C of the Act provides for the nomination of a member of the Australian Conciliation and Arbitration Commission to act as a member of a State Industrial Authority where provision is made in a prescribed law of a State.
To date, only New South Wales and Queensland have enacted complementary legislation which is expected to be proclaimed shortly. The New South Wales and Queensland legislation provides, inter alia:
• for joint sittings of the State Industrial Authority and the Australian Commission; and
• for industrial disputes within the jurisdiction of the State Industrial Authority to be referred to and dealt with by a member of the Australian Commisson under the State legislation.
The regulations prescribe, for the purpose of the Act, the State Industrial Authorities and laws of a State.
Regulation 164AAA prescribes the Industrial Commission of New South Wales and the Queensland Industrial Conciliation and Arbitration Commission as State Industrial Authorities for the purposes of section 22AA.
Regulation 164AAB prescribes the New South Wales Industrial Arbitration Act 1940 and the Queensland Industrial Conciliation and Arbitration Act 1961 as laws of a State for purposes of section 44C.
Further regulations will be required upon the enactment of similar complementary legislation by the other States.