Industrial Relations Regulations (Amendment) 1992 No. 232
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 232
Issued by the Authority of the Minister for Industrial Relations
Industrial Relations Act 1988
Industrial Relations Regulations (Amendment)
Section 359 of the Industrial Relations Act 1988 (the Principal Act) authorises the making of regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Industrial Relations Legislation Amendment Act 1992 (the amending Act) amends the Principal Act and commences on proclamation. Section 4 of the Acts Interpretation Act 1901 provides, however, that where an Act amends another Act so as to confer a power to make regulations for the purposes of that Act then the power conferred may be exercised before the Act comes into operation.
The amending Act, which received the Royal Assent on 10 July 1992, inserted a new Division 3A in the Principal Act to replace sections 115 to 117. The provisions concern certified agreements, that is, agreements reached between the parties to an industrial dispute which are then certified by the Australian Industrial Relations Commission (AIRC) and, by definition, become awards.
Section 134C in the new Division 3A of the Principal Act provides that the parties to an industrial dispute or any of them may make a memorandum of agreed terms for the settlement of all or any of the matters in dispute or the prevention of further disputes and apply to the AIRC for the certification of the memorandum.
Proposed regulation 14A sets out the minimum requirements for an application to the AIRC for an agreement to be certified by providing that such an application is not complete unless each organisation which is a party to an industrial dispute has presented to the AIRC
(a) a copy of the memorandum of agreement signed by the parties to the agreement; and
(b) a statutory declaration made by an officer of the organisation who has been authorised for the purpose by the committee of management or who has been authorised by the committee of management to approve the terms of an agreement on behalf of the committee of management.
Proposed regulation 14A requires the statutory declaration to declare that the agreement has been approved by the committee of management or by the officer making the declaration if the officer has been authorised by the committee of management to approve the terms of the agreement.
The statutory declaration is required by proposed subregulation 14A(2) to specify the name of the person making the declaration, the position held in the organisation by the person and the source of the person's authority to make the declaration.
The Regulations commence on Gazettal.
Overview
The Industrial Relations Regulations (Amendment) 1992 No. 232 were enacted to address the need for clearer and more formalised procedures in the certification of agreements between parties in industrial disputes, as stipulated by the Industrial Relations Legislation Amendment Act 1992. This legislation amends the Industrial Relations Act 1988, enhancing the framework for certified agreements by establishing a more rigorous application process for the Australian Industrial Relations Commission (AIRC). This amendment was issued by the authority of the Minister for Industrial Relations, with the intent of ensuring that all parties involved in industrial disputes adhere to specific formalities when seeking certification of their agreements, thus providing a more transparent and accountable process. The policy objective is to maintain industrial harmony by formalising the process of agreement certification and ensuring that all parties involved are clearly identified and authorised.
Scope and Application
The Industrial Relations Regulations (Amendment) 1992 No. 232 applies to the Industrial Relations Act 1988 and specifically targets the certification of agreements reached between parties to an industrial dispute. These agreements, once certified by the Australian Industrial Relations Commission (AIRC), become awards under the Act. The regulations apply to all organisations involved in an industrial dispute, requiring them to submit a signed copy of the memorandum of agreement and a statutory declaration to the AIRC as part of the certification process. The statutory declaration must be made by an authorised officer of the organisation and detail the approval of the agreement by the committee of management or by the officer themselves, if they have been granted the authority to approve the terms. The regulation applies nationally across Australia, encompassing both Commonwealth and state jurisdictions, as it pertains to the overarching federal legislative framework. The regulations come into effect upon gazette and aim to streamline the certification process by setting clear requirements for applications to the AIRC.
Key Provisions
The Industrial Relations Regulations (Amendment) 1992 No. 232 introduces key amendments to the Industrial Relations Act 1988, specifically targeting certified agreements between parties to an industrial dispute. According to section 134C of the new Division 3A, parties to such disputes can draft a memorandum of agreed terms for settling matters in dispute or preventing future disputes, which can then be submitted to the Australian Industrial Relations Commission (AIRC) for certification (Section 134C). Proposed regulation 14A outlines the essential components required for a complete application to the AIRC, ensuring that each organisation party to the dispute must present both a signed copy of the memorandum and a statutory declaration by an authorised officer (Proposed regulation 14A(1)). The statutory declaration must confirm the approval of the agreement by the committee of management or by the authorised officer, if they have been granted approval authority (Proposed regulation 14A(2)).
The amendment imposes clear obligations on the parties involved in an industrial dispute. Each organisation party must ensure that the memorandum of agreement is signed by all relevant parties and that a statutory declaration is submitted to the AIRC. This declaration must be made by an officer authorised by the committee of management, either to approve the terms of the agreement or to attest to its approval by the committee. Additionally, the statutory declaration must include specific details such as the declarant’s name, position, and the source of their authority (Proposed regulation 14A(2)).
There are no explicit offences, penalties, or civil/criminal consequences outlined in the provided text for breaches of the proposed regulation 14A. The text focuses primarily on the procedural requirements for submitting a complete application to the AIRC for certification of an agreement. However, failure to comply with these requirements could potentially result in the AIRC rejecting the application, thereby delaying or preventing the certification of the agreement. This could indirectly lead to prolonged disputes or the need for further negotiations, but the text does not detail specific sanctions or penalties for non-compliance. The Regulations are set to commence upon Gazettal.