Industrial Relations (Christmas Island) Regulations (Amendment) 1995 No. 162
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 162
Issued by the Authority of the Minister for Industrial Relations
Industrial Relations Act 1988
Industrial Relations (Christmas Island) Regulations (Amendment)
Section 359 of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Industrial Relations (Christmas Island) Regulations (the Regulations) were made in 1992. They make a number of modifications to the Act, for the purposes of extending the provisions of the Act to Christmas Island.
Section 191 of the Act provides for a number of procedural matters in relation to registration of employee organisations. The section had been modified to provide that the Union of Christmas Island Workers (the UCIW) was taken to be a registered organisation, for the purposes of the Act until 30 June 1995. This period of, time was to allow the UCIW to amalgamate with another union. This did not occur before 30 June 1995, and it was necessary to extend the period of registration for the UCIW for a further six months.
Sections 193 and 193A of the Act had provided for a review procedure of small registered organisations. The Regulations modified the Act, to exclude the UCIW from this review process. Sections 193 and 193A had been repealed by section 76 of the Industrial Relations Reform Act 1993. It was necessary separately to delete the modifications, made by the Regulations, to former sections 193 and 193A of the Act
Regulation 1 provides that the amending Regulations commenced on 30 June 1995.
Subregulation 3.1 modifies section 191 of the Act by changing the date in subsection (7) to 31 December 1995.
Subregulations 3.2 and 3.3 of the amending Regulations omit the modifications made to former sections 193 and 193A of the Act, respectively.
Overview
The Industrial Relations (Christmas Island) Regulations (Amendment) 1995 No. 162, issued under the authority of the Minister for Industrial Relations, was introduced to address specific amendments required by the Industrial Relations Act 1988. This amendment was necessitated by the failure of the Union of Christmas Island Workers (UCIW) to amalgamate with another union by the original deadline of 30 June 1995. The Act, enacted by the Australian Parliament, provides the legislative framework for regulating industrial relations, including the registration and review of employee organisations. The Regulations sought to extend the registration period for the UCIW and remove specific review processes that had been repealed but were still referenced within the existing regulations. This legislative response aimed to ensure that the UCIW could continue its operations without interruption while the necessary changes to the regulatory framework were being finalised.
Scope and Application
The Industrial Relations (Christmas Island) Regulations (Amendment) 1995 No. 162 applies to the Union of Christmas Island Workers (UCIW) by extending its registration under the Industrial Relations Act 1988 until 31 December 1995. This extension was implemented to provide additional time for the UCIW to amalgamate with another union, which did not occur by the original deadline of 30 June 1995. Furthermore, the amendment removes the UCIW from the review process that was previously applicable to small registered organisations under the Act. The Regulations operate within the geographic jurisdiction of Christmas Island, as they are specifically tailored to address the unique industrial relations requirements of this territory. The amendment ensures the UCIW remains recognised as a registered organisation for a further six months, while also addressing the procedural changes necessitated by the repeal of sections 193 and 193A of the Act through the Industrial Relations Reform Act 1993.
Key Provisions
The Industrial Relations (Christmas Island) Regulations (Amendment) 1995 No. 162 make several key changes to the existing Industrial Relations (Christmas Island) Regulations, primarily to extend the registration period of the Union of Christmas Island Workers (UCIW) and to remove certain modifications previously made to review procedures for small registered organisations. Under section 191 of the Industrial Relations Act 1988, the UCIW was initially recognised as a registered organisation until 30 June 1995, to allow time for potential amalgamation with another union. However, as no such amalgamation occurred, the regulations were amended to extend the registration period of the UCIW until 31 December 1995 (subsection 3.1). Additionally, the amendments remove modifications previously made to sections 193 and 193A of the Act, which had been repealed by the Industrial Relations Reform Act 1993 (subsections 3.2 and 3.3).
The obligations imposed by these amendments include the requirement for the UCIW to remain registered as a union under the Act until the extended date of 31 December 1995. Furthermore, the UCIW is no longer subject to the review procedures that were initially modified for small registered organisations, as those procedures have since been repealed. These obligations ensure that the UCIW can continue to operate under the Act without the constraints of the review procedures that are no longer applicable.
Failure to comply with the provisions of the Industrial Relations Act 1988 and the amended regulations could result in various civil or criminal consequences, depending on the nature and severity of the breach. For instance, if the UCIW were to operate without the necessary registration, it could face legal action for non-compliance. Similarly, if any party were to ignore the repealed review procedures, they could potentially be subject to penalties for contravening the Act. The specific penalties for such breaches are not detailed in the explanatory statement, but they could include fines, injunctions, or other legal remedies as prescribed under the Act.
In summary, the Industrial Relations (Christmas Island) Regulations (Amendment) 1995 No. 162 serve to extend the registration period for the UCIW and remove outdated modifications to review procedures. These changes impose clear obligations on the UCIW to remain registered and ensure that it is not subject to review procedures that are no longer in effect. Non-compliance with these provisions could lead to various legal consequences, although the exact penalties are not specified in the explanatory statement.