Construction Industry Reform and Development Regulations (Amendment)

Overview

The Construction Industry Reform and Development Regulations (Amendment) 1993 No. 230, issued under the authority of the Minister for Industrial Relations, amends the Construction Industry Reform and Development Regulations to address issues arising from changes in the names of industry bodies and trade unions. This amendment ensures that the regulations remain current and accurately reflect the entities they are meant to govern. The policy objective behind these amendments is to maintain the integrity and efficacy of the regulatory framework established by the Construction Industry Reform and Development Act 1992, which aims to foster reform and development within the construction industry by establishing the Construction Industry Development Council and the Construction Industry Development Agency, among other provisions. Additionally, the amendments streamline the regulatory requirements by removing the outdated regulation pertaining to the CEO's travelling allowance, thereby aligning with the Remuneration Tribunal's determinations.

Scope and Application

The Construction Industry Reform and Development Regulations (Amendment) 1993 No. 230 applies to the entities established under the Construction Industry Reform and Development Act 1992, specifically the Construction Industry Development Council and the Construction Industry Development Agency, along with the Board of the Agency. These entities are mandated to facilitate and oversee the reform and development of the construction industry. The amendment addresses the need to update the regulatory framework to reflect changes in the names of prescribed industry bodies and trade unions, thereby ensuring that the Council is appropriately representative of current industry and union structures. The Act operates within the Commonwealth jurisdiction and its amendments extend to all entities and persons governed by the original Act. Geographically, the application of these regulations is national, encompassing all areas within Australia. The stated exclusions in these regulations pertain primarily to the specific allowances and entitlements for the Chief Executive Officer, which are now determined by the Remuneration Tribunal under the Remuneration Tribunal Act 1973. The amendment streamlines the regulatory framework by removing outdated provisions regarding CEO allowances, thereby aligning the regulations with current remuneration standards and practices.

Key Provisions

The Construction Industry Reform and Development Regulations (Amendment) 1993 No. 230, issued under the authority of the Minister for Industrial Relations, revise the Construction Industry Reform and Development Regulations 1992. This amendment primarily involves updating Schedule 1 and Schedule 2 to reflect changes in the names of industry bodies and trade unions. Specifically, section 56 of the Construction Industry Reform and Development Act 1992 (the Act) authorises the Governor-General to make regulations for the purposes of the Act. Section 6(1)(e) of the Act mandates the appointment of members to represent prescribed industry bodies to the Construction Industry Development Council (the Council), while section 6(1)(g) requires the appointment of members to represent prescribed trade unions to the Council. Regulation 5 of the Regulations currently identifies the various industry bodies in Schedule 1, and Regulation 7 identifies the various trade unions in Schedule 2. The amendment to the Regulations reflects the necessity of updating these schedules due to changes in the names of certain industry bodies and trade unions. Subregulation 3.1 replaces the existing Schedules 1 and 2 with new schedules that accurately reflect the current names. Additionally, the amendment addresses the remuneration of the Chief Executive Officer (CEO) of the Construction Industry Development Agency (the Agency). Under section 20 of the Act, the Board of the Agency is to include a CEO, and subsection 37(2) of the Act states that the CEO is to be paid allowances prescribed by the regulations. However, subsection 37(3) specifies that this provision is subject to the Remuneration Tribunal Act 1973. Regulation 10 of the Regulations had previously provided an entitlement to a travelling allowance for the CEO. However, as the Remuneration Tribunal has already determined the appropriate travelling allowance for the CEO, Regulation 10 is no longer necessary. Subregulation 2.1 omits Regulation 10 to reflect this change. The Regulations are effective from the date of their gazettal. The amendment ensures that the Regulations continue to align with the current industry bodies and trade unions, as well as accurately reflect the remuneration arrangements for the CEO of the Agency. The changes made by this amendment are intended to maintain the effectiveness and relevance of the regulatory framework governing the construction industry in Australia.