EXPLANATORY STATEMENT
Statutory Rules 1984 No. 147
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 coordination between the industrial tribunals operating within Australia.
Section 22AA provides for the conduct of joint proceedings by a member of the Australian Conciliation and Arbitration Commission with a member of a prescribed State Industrial Authority.
Section 44B (for which no regulation is required) 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 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, New South Wales, Queensland and, recently, South Australia have enacted complementary legislation. Regulations 164AAA and 164AAB have, in relation to the New South Wales and Queensland legislation, specified the relevant State laws for the purposes of joint sittings and the relevant State laws for purposes of a member of the Australian Conciliation and Arbitration Commission acting as a member of a State Industrial Authority (SR79/84).
The amendment to Regulation 164AAA prescribes the Industrial Commission of South Australia as the State Industrial Authority for the purposes of section 22AA.
The amendment to Regulation 164AAB prescribes the Industrial Conciliation and Arbitration Act 1972 as the law of a State for purposes of section 44C.
Further regulations will be required upon the enactment of similar complementary legislation by the other States.