EXPLANATORY STATEMENT
Statutory Rules 1984 No. 22
Conciliation and Arbitration Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
The Conciliation and Arbitration Regulations (Amendment) commenced on the date of commencement of section 12 of the Conciliation and Arbitration Amendment Act (No. 2) 1983. Section 12 of that Act inserted section 49A in the Conciliation and Arbitration Act 1904. Section 49A provides:
“49A. (1) Subject to this section, where the Commission varies a term of an award, being a term that is a common rule of an industry in a Territory, the variation is, by force of this sub-section, a common rule of that industry in that Territory with effect from the date of effect of the variation.
(2) Before the Commission varies a term of a kind referred to in sub-section (1), the Registrar shall, in accordance with the regulations, give notice of the place where, and the time when, it is proposed to hear the matter involving that term.
(3) Where the Commission varies a term of a kind referred to in sub section (1), the Registrar shall forthwith, in accordance with the regulations, publish a notice inviting any person or organization interested and desiring to be heard to lodge, within 28 days after the date of the decision of the Commission, notice of objection to the variation binding that person or organization.
(4) If a notice of objection in relation to a variation is lodged by a person or organization in accordance with sub-section (3), the Commission shall hear the objection and, if it thinks fit, may declare that the variation is not binding on that person or organization.
(5) Where the Commission makes a declaration under subsection (4), the Registrar shall give notice of that fact in accordance with the regulations.
(6) A variation that is a common rule under this section -
(a) is not enforceable before the expiration of the period of 28 days referred to in sub-section (3); and
(b) if a notice of objection in relation to the variation is lodged by a person or organization in accordance with that sub-section — is not enforceable against that person or organization before the hearing of the objection is finally disposed of.”
Regulation 1 of the Conciliation and Arbitration Regulations (Amendment) provides a citation of the Principal Regulations.
Regulation 2 inserts regulations 36A, 36B and 36C in the Principal Regulations.
Regulation 36A provides for notices under sub-section 49A(2). Regulation 36A requires the notice to be in the form prescribed (Form 11AA), and to be served on certain organizations.
Regulation 36B provides for notices under sub-section 49A(3). Regulation 36B requires the notice to be in the form prescribed (Form 11AB) and to be published in the Gazette and a newspaper.
Regulation 36C provides for notices under sub-section 49A(5). Regulation 36C requires the notice to be in the form prescribed (Form 11AC) and to be published in the Gazette.