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.
Overview
The Conciliation and Arbitration Regulations (Amendment) 1984, issued under the authority of the Minister for Employment and Industrial Relations, were introduced to address the need for better coordination between industrial tribunals operating within Australia, following amendments to Part III of the Conciliation and Arbitration Act 1904. The objective of these amendments is to streamline the process of handling industrial disputes across different jurisdictions by allowing for joint proceedings between the Australian Conciliation and Arbitration Commission and prescribed State Industrial Authorities. These regulations specifically recognise the Industrial Commission of New South Wales and the Queensland Industrial Conciliation and Arbitration Commission as State Industrial Authorities, enabling more effective collaboration and dispute resolution mechanisms between federal and state industrial bodies. This initiative aims to create a more cohesive and efficient industrial relations framework across Australia.
Scope and Application
The Conciliation and Arbitration Regulations (Amendment) aim to align with recent amendments in the Conciliation and Arbitration Act 1904, specifically sections 22AA, 44B, and 44C, which were introduced by the Conciliation and Arbitration Amendment Act (No 2) 1983. These new sections are intended to enhance the coordination between the Australian Conciliation and Arbitration Commission and State Industrial Authorities, facilitating joint proceedings and referrals of industrial disputes. The amendments apply to the Industrial Commission of New South Wales and the Queensland Industrial Conciliation and Arbitration Commission, as identified in the regulations, and are contingent on the enactment of complementary legislation in other states. The scope of these regulations is limited to those jurisdictions that have or will enact corresponding laws, thereby ensuring that the application of these provisions is geographically targeted to areas with compatible legislative frameworks. Further regulations will be necessary as additional states adopt the required complementary legislation.
Key Provisions
The key operative sections of these regulations include sections 22AA, 44B, and 44C of the Conciliation and Arbitration Act 1904, which are amended by the Conciliation and Arbitration Amendment Act (No 2) 1983. Section 22AA (164AAA) provides for the conduct of joint proceedings between the Australian Conciliation and Arbitration Commission and a prescribed State Industrial Authority, such as the Industrial Commission of New South Wales or the Queensland Industrial Conciliation and Arbitration Commission. Section 44B (164AAB) allows the President of the Australian Conciliation and Arbitration Commission to refer an industrial dispute to a Local Industrial Board for determination by a member of a State Industrial Authority. Section 44C (164AAC) permits the nomination of a member of the Australian Conciliation and Arbitration Commission to act as a member of a State Industrial Authority under the prescribed laws of a State.
These regulations impose obligations on the Australian Conciliation and Arbitration Commission, State Industrial Authorities, and other relevant parties to coordinate their efforts in handling industrial disputes. The Australian Conciliation and Arbitration Commission must work in tandem with State Industrial Authorities, particularly the Industrial Commission of New South Wales and the Queensland Industrial Conciliation and Arbitration Commission, to ensure that joint proceedings are conducted effectively. The Commission must also be prepared to refer disputes to Local Industrial Boards for resolution by State Industrial Authority members, as stipulated in Section 44B. Furthermore, the regulations necessitate that the Commission nominate its members to act as State Industrial Authority members when required by the prescribed State laws, as outlined in Section 44C.
Breaches of the obligations and requirements imposed by these regulations could lead to various consequences, depending on the nature and severity of the non-compliance. While the regulations themselves do not explicitly outline offences, penalties, or civil/criminal consequences for breaches, the broader Conciliation and Arbitration Act 1904 and other related legislation may provide for such penalties. Non-compliance with the Act’s provisions could potentially result in fines, imprisonment, or other civil remedies, depending on the specific circumstances of the breach and the discretion of the relevant authorities. It is crucial for parties and entities governed by these regulations to adhere to the obligations and requirements to avoid any potential repercussions.