Industrial Relations Regulations (Amendment) 1992 No. 81
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 81
(Issued by the Authority of the Minister for Industrial Relations)
Industrial Relations Act 1988
Industrial Relations Regulations (Amendment)
These Regulations effect an amendment to the Industrial Relations Regulations which is necessary as a result of the commencement on 31 March 1992 of the New South Wales Industrial Relations Act 1991, ("the NSW Act"). Subsection 315(1) of that Act creates the Industrial Relations Commission of New South Wales ("the new NSW Commission") in place of the Industrial Commission of New South Wales ("the old NSW Commission") which is abolished by that Act.
The Regulations prescribe the new NSW Commission, for the purposes of the Industrial Relations Act 1988 ("the Commonwealth Act"), in place of the existing regulation prescribing the old NSW Commission.
Subsection 4(1) of the Commonwealth Act defines the phrase "State industrial authority" to include a body having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State. The new NSW Commission will fit this description.
Several provisions of the Commonwealth Act [section 13, subsections 16(2), 175(1), (2) and (5)] refer to "a prescribed State industrial authority". These provisions allow dual federal and State appointments and facilitate joint proceedings. As the Act provides no definition, "prescribed" in this context means prescribed by regulation [Acts Interpretation Act 1901, paragraph 17(q)]. Subsection 359(1) of the Commonwealth Act relevantly provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters permitted by the Act to be prescribed.
Before this amendment regulation 5 of the Industrial Relations Regulations provided:
For the purposes of section 13 and subsections 16(2) and 175(1), (2) and (5) of the Act, each of the following State industrial authorities is prescribed:
(a) the industrial Commission of New South Wales;
..."[the regulation then lists the Industrial Commission or Industrial Relations Commission of every other State].
Regulation 3.1 of these Regulations amends paragraph 5(a) by inserting the word "Relations" after "Industrial"; this has the effect of prescribing the new NSW Commission.
The Regulations are expressed to commence on 31 March 1992, the day on which the NSW Act will commence.
Overview
The Industrial Relations Regulations (Amendment) 1992 No. 81, issued under the authority of the Minister for Industrial Relations, amends the Industrial Relations Regulations to account for the commencement of the New South Wales Industrial Relations Act 1991 on 31 March 1992. This amendment was necessary because the 1991 Act established the Industrial Relations Commission of New South Wales, replacing the former Industrial Commission of New South Wales. The objective of these Regulations is to ensure that the new NSW Commission is recognised as a "State industrial authority" under the Industrial Relations Act 1988, thereby maintaining the integrity of dual federal and state appointments and joint proceedings as outlined in the Commonwealth Act. The Regulations were enacted to align with the new legislative framework established by the 1991 Act.
Scope and Application
The Industrial Relations Regulations (Amendment) 1992 No. 81 applies to the Industrial Relations Act 1988 at a federal level, specifically addressing the transition of the State industrial authority from the abolished Industrial Commission of New South Wales to the newly created Industrial Relations Commission of New South Wales, following the commencement of the New South Wales Industrial Relations Act 1991. The Regulations ensure that the new NSW Commission is recognised as a prescribed State industrial authority under the Commonwealth Act. This recognition is crucial for the purposes of joint proceedings and dual federal and state appointments facilitated by the Commonwealth Act, as outlined in several sections and subsections of the Act. These Regulations do not introduce any exclusions or exemptions, but instead clarify the jurisdictional scope by prescribing the new NSW Commission, ensuring continuity and compliance with the federal legislative framework. The amendment, effective from 31 March 1992, is made through the authority of the Minister for Industrial Relations and is consistent with the provisions of the Acts Interpretation Act 1901.
Key Provisions
The key operative sections of the Industrial Relations Regulations (Amendment) 1992 No. 81 include regulation 3.1, which is designed to amend the existing regulations in light of the new Industrial Relations Act 1991 in New South Wales. Regulation 3.1 modifies regulation 5 of the original Industrial Relations Regulations to reflect the change in the name of the industrial authority from the "Industrial Commission of New South Wales" to the "Industrial Relations Commission of New South Wales" (section 3.1(1)). This amendment ensures that the new NSW Commission is recognised under the Industrial Relations Act 1988, aligning with the new legislative framework established by the NSW Act (section 3.1(2)).
The Industrial Relations Regulations (Amendment) 1992 No. 81 impose specific obligations on the parties and entities governed by the Act. These include the requirement for the amended regulation to reflect the newly established Industrial Relations Commission of New South Wales as the prescribed State industrial authority. This change is necessary for the purposes of sections 13, 16(2), and 175(1), (2), and (5) of the Industrial Relations Act 1988, which refer to a "prescribed State industrial authority" (subsection 4(1)). The amendment ensures that any federal and state appointments, as well as joint proceedings, are appropriately facilitated under the new regulatory framework.
Any failure to adhere to the amendments specified in the Industrial Relations Regulations (Amendment) 1992 No. 81 could lead to legal consequences. However, the regulations themselves do not explicitly detail offences, penalties, or specific civil or criminal consequences for non-compliance. The penalties for breaches of industrial relations laws are typically found in the overarching Industrial Relations Act 1988 and related legislation. It is important for parties and entities to ensure they are compliant with the new regulatory requirements to avoid potential legal repercussions under the broader legislative framework.