Industrial Relations (Christmas Island) Regulations
Statutory Rules 1992 No. 225 as amended
made under the
Industrial Relations Act 1988
This compilation was prepared on 12 January 2001
taking into account amendments up to SR 1995 No. 162
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Modifications of the Act
Schedule Modifications of the Industrial Relations Act 1988
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Industrial Relations (Christmas Island) Regulations.
2 Commencement [see Note 1]
These Regulations commence on the day on which section 6 of the Territories Law Reform Act 1992 commences.
3 Interpretation
In these Regulations, unless the contrary intention appears:
Act means the Industrial Relations Act 1988.
4 Modifications of the Act
For the purposes of subsection 7 (2) of the Act, the Act is modified as set out in the Schedule.
Schedule Modifications of the Industrial Relations Act 1988
(regulation 4)
New section 153A
After section 153, insert:
‘153A. Awards under the Industrial Relations Ordinance 1976
An award that was in force under the Industrial Relations Ordinance 1976 of the Territory of Christmas Island immediately before the commencement of section 6 of the Territories Law Reform Act 1992 is taken to be an award under this Act.’.
Section 191 (Registration)
Add at the end:
‘(7) For the purposes of this Act, The Union of Christmas Island Workers is taken to be an organisation until the end of 31 December 1995.’.
New sections 207A, 207B and 207C
After section 207, insert:
‘207A. Application of Division to The Union of Christmas Island Workers
This Division, except paragraphs 196 (b) and (c) and section 204, does not apply to The Union of Christmas Island Workers before 1 July 1993.
‘207B. Rules of The Union of Christmas Island Workers-lodgement
The Union of Christmas Island Workers must lodge in the Industrial Registry as soon as practicable after the commencement of section 6 of the Territories Law Reform Act 1992:
(a) a copy of its rules; and
(b) a statutory declaration made by an officer that the copy is accurate.
‘207C Rules of The Union of Christmas Island Workers-alteration
If an alteration is made to the rules of The Union of Christmas Island Workers before 1 July 1993, the Union must lodge in the Industrial Registry as soon as is practicable:
(a) a copy of the alteration; and
(b) a statutory declaration by an officer that :
(i) the copy is accurate; and
(ii) the alteration has been made in accordance with the rules of the Union.’.
Notes to the Industrial Relations (Christmas Island) Regulations
Note 1
The Industrial Relations (Christmas Island) Regulations (in force under the Industrial Relations Act 1988) as shown in this compilation comprise Statutory Rules 1992 No. 225 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1992 No. 225 | 30 June 1992 | 1 July 1992 (see r. 2) | |
1995 No. 162 | 30 June 1995 | 30 June 1995 | — |
|
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Schedule............. | am. 1995 No. 162 |
Overview
The Industrial Relations (Christmas Island) Regulations, Statutory Rules 1992 No. 225, were made under the Industrial Relations Act 1988 to address specific industrial relations issues on Christmas Island. These regulations were enacted by the Federal Government and are designed to modify the application of the Industrial Relations Act 1988 to the unique context of Christmas Island. The primary objective is to ensure that existing industrial relations frameworks, such as awards and union rules, are smoothly transitioned into the new legislative regime. The regulations also provide for the recognition of The Union of Christmas Island Workers and the timely lodging of its rules and any alterations with the Industrial Registry. The Regulations were amended in 1995 to further refine these provisions.
Scope and Application
The Industrial Relations (Christmas Island) Regulations, made under the Industrial Relations Act 1988, apply specifically to the territory of Christmas Island and aim to modify the application of the Act within this jurisdiction. The Regulations provide transitional provisions for existing awards and union rules under the Industrial Relations Ordinance 1976, ensuring continuity in the application of industrial relations laws during the transition to the new Act. The Regulations also include specific provisions for The Union of Christmas Island Workers, setting out the requirements for the lodgement and alteration of union rules and extending the registration of the union until the end of 1995. The application of certain sections of the Act to this union is delayed until 1 July 1993. These Regulations are subject to amendments through subordinate instruments, as evidenced by the modifications noted in Statutory Rules 1992 No. 225 and subsequent amendments, ensuring that the regulations evolve to meet the changing needs of the industrial relations landscape on Christmas Island.
Key Provisions
The Industrial Relations (Christmas Island) Regulations (SR 1992 No. 225) establish specific modifications to the Industrial Relations Act 1988 for Christmas Island, effective from 1 July 1992. These Regulations include the insertion of new sections, such as section 153A, which considers awards under the Industrial Relations Ordinance 1976 as awards under the Act (regulation 4). Additionally, section 191 of the Act is amended to recognise The Union of Christmas Island Workers as an organisation until 31 December 1995 (regulation 4). The Regulations also introduce new sections 207A, 207B, and 207C, which govern the application of the Act to The Union of Christmas Island Workers until 1 July 1993, and mandate the lodging of union rules and any alterations to these rules in the Industrial Registry (regulation 4).
The Industrial Relations (Christmas Island) Regulations impose several obligations on the parties and entities they govern. The Union of Christmas Island Workers must comply with the requirement to lodge copies of its rules and any alterations to these rules in the Industrial Registry as soon as practicable after the commencement of section 6 of the Territories Law Reform Act 1992 (regulation 4). This includes providing a statutory declaration by an officer that the copies are accurate and that any alterations have been made in accordance with the union's rules. Additionally, The Union of Christmas Island Workers must ensure that these obligations are met until 1 July 1993, after which the general provisions of the Act apply.
Breach of the obligations set out in the Industrial Relations (Christmas Island) Regulations can lead to various consequences. While the Regulations themselves do not specify penalties, any failure to comply with the Industrial Relations Act 1988, as modified by these Regulations, could result in civil or criminal liabilities under the broader framework of the Act. This may include fines or other penalties as stipulated in the Act, depending on the nature and severity of the breach. The maximum penalties for offences under the Industrial Relations Act 1988 can vary significantly, but they may include substantial fines for individuals and corporations, reflecting the seriousness of non-compliance with industrial relations laws.