Conciliation and Arbitration Regulations (Amendment)

Overview

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 147 were enacted to align the existing regulations with the amendments made to the Conciliation and Arbitration Act 1904 by the Conciliation and Arbitration Amendment Act (No 2) 1983. This legislative update was issued by the Authority of the Minister for Employment and Industrial Relations, reflecting a broader policy objective of enhancing coordination between industrial tribunals across Australia. The introduction of new sections 22AA, 44B, and 44C aims to facilitate joint proceedings between members of the Australian Conciliation and Arbitration Commission and members of prescribed State Industrial Authorities, thereby ensuring a more integrated approach to industrial dispute resolution. The amendments, which took effect from 16 December 1983, also cater to the referral of industrial disputes to Local Industrial Boards by the President of the Australian Conciliation and Arbitration Commission, as well as the nomination of a Commission member to act as a State Industrial Authority member where applicable State laws permit. These changes are part of a coordinated effort involving complementary legislation in various states, such as New South Wales, Queensland, and South Australia, which have already enacted relevant laws. The regulations further specify the relevant laws for joint sittings and the nomination process, ensuring that the updated framework is effectively implemented across the states.

Scope and Application

The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 147, issued by the Minister for Employment and Industrial Relations, aim to align the regulations with the recent amendments made to the Conciliation and Arbitration Act 1904 by the Conciliation and Arbitration Amendment Act (No 2) 1983. These amendments, which became effective on 16 December 1983, introduce new sections 22AA, 44B, and 44C designed to facilitate better coordination between industrial tribunals across Australia. Section 22AA allows for joint proceedings between a member of the Australian Conciliation and Arbitration Commission and a member of a prescribed State Industrial Authority. Section 44B allows the President of the Australian Conciliation and Arbitration Commission to refer an industrial dispute to a Local Industrial Board for determination, while section 44C permits the nomination of a member of the Australian Conciliation and Arbitration Commission to act as a member of a State Industrial Authority under certain conditions. This regulation specifically prescribes the Industrial Commission of South Australia and the Industrial Conciliation and Arbitration Act 1972 for the purposes of these new sections, aligning with the complementary legislation already enacted in New South Wales and Queensland. Further regulations will be necessary as other states enact similar complementary legislation.

Key Provisions

The Conciliation and Arbitration Regulations (Amendment) aim to incorporate changes introduced by the Conciliation and Arbitration Amendment Act (No 2) 1983, particularly the introduction of sections 22AA, 44B and 44C. Section 22AA (newly introduced) allows for joint proceedings between a member of the Australian Conciliation and Arbitration Commission and a member of a prescribed State Industrial Authority. This is intended to foster improved coordination between industrial tribunals operating in Australia. Section 44B provides the President of the Australian Conciliation and Arbitration Commission with the authority to refer an industrial dispute to a Local Industrial Board, which is constituted by a member of a State Industrial Authority for determination. Notably, section 44C enables 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 the prescribed law of a State. The obligations imposed by these regulations on the parties involved include facilitating joint proceedings and enabling the referral of disputes to Local Industrial Boards. The Australian Conciliation and Arbitration Commission must work in conjunction with State Industrial Authorities, such as the Industrial Commission of South Australia, to ensure the effective application of these provisions. Additionally, the regulations require compliance with complementary State legislation, such as the Industrial Conciliation and Arbitration Act 1972. The Australian Conciliation and Arbitration Commission must ensure that any nominated members comply with the prescribed State laws when acting as members of State Industrial Authorities. Breach of these regulations could lead to various consequences. Although the specific offences and penalties are not detailed in the explanatory statement, generally, non-compliance with industrial regulations could result in administrative penalties, fines, or other legal actions. The maximum penalties for such breaches would depend on the specific provisions of the primary Act and any subsidiary legislation. The overarching objective of these regulations is to streamline industrial dispute resolution processes across different jurisdictions, ensuring a coordinated approach that leverages the strengths of both federal and state industrial tribunals.