Industrial Relations Regulations (Amendment)

Overview

The Industrial Relations Regulations (Amendment) 1994 No. 287 was introduced to address the redundancy of the industrial relations machinery established for the stevedoring industry under Division 9 of Part VI of the Industrial Relations Act 1988. This machinery, which included Port Conciliators and Co-ordinating Committees, was no longer necessary as industrial disputes in the industry are now managed by the Australian Industrial Relations Commission. The Industrial Relations Legislation Amendment Act 1994 (Amendment Act) repealed Division 9 of Part VI of the Act, and the subsequent Industrial Relations Regulations (Amendment) regulation aligns with this change by omitting Division 5 of Part V of the Industrial Relations Regulations, which previously provided for the aforementioned machinery. Issued by the authority of the Minister for Industrial Relations, these amendments ensure that the regulations remain consistent with current industrial practices and the responsibilities of the Australian Industrial Relations Commission.

Scope and Application

The Industrial Relations Regulations (Amendment) 1994 No. 287, issued under the authority of the Minister for Industrial Relations, pertains to the amendment of the Industrial Relations Act 1988. This Act originally established industrial relations machinery in the stevedoring industry, specifically through the appointment of Port Conciliators and Co-ordinating Committees. However, as industrial disputes within this industry are now managed by the Australian Industrial Relations Commission, the machinery established by the Act is no longer in use. Consequently, Division 9 of Part VI of the Act has been repealed by the Industrial Relations Legislation Amendment Act 1994. In tandem with this repeal, Division 5 of Part V of the Industrial Relations Regulations, which originally provided for these conciliators and committees, has also been omitted. The amending regulations took effect from the commencement of the relevant Part of the Amendment Act, ensuring that the legislative framework remains current and aligned with the contemporary practices in the stevedoring industry.

Key Provisions

The Industrial Relations Regulations (Amendment) 1994 No. 287 primarily focuses on the repeal of certain sections within the Industrial Relations Regulations that pertain to the stevedoring industry, which is no longer governed by the specific machinery established under Division 9 of Part VI of the Industrial Relations Act 1988 (section 1). This machinery, which included Port Conciliators and Co-ordinating Committees, has been deemed unnecessary as industrial disputes in the stevedoring industry are now managed by the Australian Industrial Relations Commission (section 2). Consequently, Division 9 of Part VI of the Act has been repealed by section 4 of the Industrial Relations Legislation Amendment Act 1994 (section 3). Further, Division 5 of Part V of the Industrial Relations Regulations, which detailed the roles and functions of Port Conciliators and Co-ordinating Committees, has been omitted as it is no longer required (section 4). The Act imposes certain obligations on the parties involved, particularly in the stevedoring industry. These obligations include the requirement to adhere to the new dispute resolution mechanisms established by the Australian Industrial Relations Commission (section 1). The Amendment Act ensures that all industrial relations matters previously managed by the specific machinery are now governed under the broader provisions of the Industrial Relations Act 1988 (section 3). Additionally, the Act mandates that the regulations commence on the date of the commencement of the relevant Part of the Amendment Act (section 5). There are no explicit offences, penalties, or consequences mentioned in the Industrial Relations Regulations (Amendment) 1994 No. 287 for non-compliance with the repealed regulations. However, failure to comply with the new dispute resolution mechanisms managed by the Australian Industrial Relations Commission could potentially lead to civil or criminal consequences as prescribed under the broader Industrial Relations Act 1988. The specific penalties for such non-compliance would be determined by the relevant provisions of the Act and any associated regulations or case law.