EXPLANATORY STATEMENT
Select Legislative Instrument 2012 No. 64
Issued by the authority of the Minister for Employment and Workplace Relations
Subject - Fair Work Act 2009
Fair Work Amendment Regulation 2012 (No. 1)
Section 796 of the Fair Work Act 2009 (the Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act, together with the Fair Work Regulations 2009 (the Principal Regulations), establishes a statutory framework to govern federal workplace relations.
The Road Safety Remuneration Act 2012 (the RSR Act) will commence on 1 July 2012. The RSR Act establishes the Road Safety Remuneration Tribunal (the Tribunal) to make road safety remuneration orders, grant safe remuneration approvals in relation to road transport collective agreements, deal with disputes and conduct research into remuneration‑related matters that affect safety in the road transport industry.
These Regulations enable a Deputy President or Commissioner of Fair Work Australia (FWA) to be dually appointed as a member of the Tribunal.
A person appointed as a member of the Tribunal under paragraph 97(3) of the RSR Act is also required to be a Deputy President or Commissioner of FWA. Paragraph 632(a) of the Act enables a Deputy President or Commissioner of FWA to be dually appointed as a member of a Commonwealth or Territory tribunal prescribed by the Principal Regulations, with the President’s approval. Subregulation 5.02(1) of the Principal Regulations provides a list of Commonwealth tribunals prescribed for the purposes of subsection 632(a) of the Act.
The Regulations amend subregulation 5.02(1) of the Principal Regulations to include the Tribunal in the list of Commonwealth tribunals prescribed for the purposes of subsection 632(a) of the Act.
Extensive consultation on the Road Safety Remuneration project has been undertaken with Safe Rates Advisory Group, which is comprised of representatives from: the Victorian Transport Association; Australian Road Transport Industrial Organisation; Transport Workers Union; Linfox; Queensland Trucking Association; Tothag Transport Group Queensland; Blue Scope Steel; Australian Logistics Council; Professor Ann Williamson - University of New South Wales; Scott’s Group of Companies; and Australian Livestock Transporters Association.
Consultation has also been undertaken with Fair Work Australia, the Fair Work Ombudsman, the Department of Innovation, Industry, Science, Research and Tertiary Innovation, the Department of Resources, Energy and Tourism and the Department of Infrastructure and Transport.
In accordance with the requirements of the Multilateral Inter-Governmental Agreement for a National Workplace Relations System for the Private Sector, relevant State and Territory bodies have been consulted in relation to the amendment.
The Act does not impose any conditions that need to be satisfied before the power to make the proposed Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required.
The Regulations commence the day after they are registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Fair Work Amendment Regulation 2012 (No. 1)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Fair Work Amendment Regulation 2012 (the Regulation) makes a minor technical amendment to the Fair Work Regulations 2009 (the Principal Regulations) to enable a Deputy President or Commissioner of Fair Work Australia (FWA) to be dually appointed as a member of the Road Safety Remuneration Tribunal (RSRT).
The Road Safety Remuneration Act 2012 (the RSR Act) will commence on 1 July 2012. The RSR Act establishes the RSRT to make road safety remuneration orders, grant safe remuneration approvals in relation to road transport collective agreements, deal with disputes and conduct research into remuneration‑related matters that affect safety in the road transport industry.
A person appointed as a member of the RSRT under paragraph 97(3) of the RSR Act is also required to be a Deputy President or Commissioner of FWA. Paragraph 632(a) of the Fair Work Act 2009 (FW Act) enables a Deputy President or Commissioner of FWA to be dually appointed as a member of a Commonwealth or Territory tribunal prescribed by the Principal Regulations, with the President’s approval. Subregulation 5.02(1) of the Principal Regulations provides a list of Commonwealth tribunals prescribed for the purposes of subsection 632(a) of the FW Act.
The Regulation amends subregulation 5.02(1) of the Principal Regulations to include the RSRT in the list of Commonwealth tribunals prescribed for the purposes of subsection 632(a) of the FW Act.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Bill Shorten, Minister for Employment and Workplace Relations