EXPLANATORY STATEMENT
STATUTORY RULES 1990 No. 328
Industrial Relations Regulations (Amendment)
(Issued under the Authority of the Minister of Industrial Relations)
Section 359 of the Industrial Relations Act 1988 (the Act), the Governor-General may make regulations for the purposes of the Act.
Section 13 of the Act authorises the appointment of a member of the Australian Industrial Relations Commission (AIRC) to a prescribed State industrial authority and appointment of a member of a prescribed State industrial authority to AIRC.
Subsection 16(2) of the Act fixes the term of appointment to AIRC of a member of a prescribed State industrial authority.
Subsections 175(1), (2) and (5) of the Act empowers a member of AIRC to exercise powers in the presence of the prescribed State industrial authority, the parties and witnesses before that authority and to have regard to evidence given before that authority.
Subsections 173(1) and (2) of the Act allow the President of AIRC, on the request of the head of a State industrial Tribunal, to nominate a member of AIRC to exercise powers under a prescribed law of a State in order to deal with a dispute (actual or threatened) before that State industrial authority.
Regulation 5 of the Industrial Relations Regulations (the Regulations) prescribes the State industrial authorities for the purposes of section 13 and subsections 16(2) and 175(1), (2) and (5) of the Act.
Regulation 31 prescribes the laws of the States for the purposes of subsections 173(1) and (2) of the Act.
On 23 June 1990 the Industrial Relations Act 1990 of Queensland commenced. The Act repealed the Industrial Conciliation and Arbitration Act 1961-1983 and changed the name of the Industrial Conciliation and Arbitration Commission to the Industrial Relations Commission.
Accordingly, regulation 2 of the Regulations omits the reference to the Industrial Conciliation and Arbitration Commission and prescribes the Industrial Relations Commission of Queensland for the purposes of section 13 and subsections 16(2) and 175(1), (2) and (5) of the Act.
Regulation 3 of the Regulations omits the reference to the Industrial Conciliation and Arbitration Act 1961-1983 and prescribes the Industrial Relations Act 1990 of Queensland for the purposes of subsections 173(1) and (2) of the Act.