Industrial Relations Regulations (Amendment) 1992 No. 351
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 351
Issued by the Authority of the Minister for industrial Relations
Industrial Relations Act 198
Industrial Relations Regulations (Amendment)
Subsection 359(1) of the Industrial Relations Act 1988 (the Act) provides that the GovernorGeneral may make regulations for the purposes of the Act.
Section 261 of the Act provides for entitlement of persons to become and remain members of registered organisations of employees. Section 261 was amended by Industrial Relations Legislation Amendment Act 1992 to include independent contractors as persons entitled to become members of organisations. Regulation 43 of the Industrial Relations Regulations (the Regulations) requires organisations to lodge an annual statement concerning the number of employees who are members of the organisation.
Regulation 2 amends regulation 43 to require the statement to show the number of members who are independent contractors.
Subsection 204(1) of the Act states that a change of name, or alteration to the eligibility rules, of a federally registered organisation does not take effect unless the designated Presidential Member of the Australian Industrial Relations Commission consents to the change or alteration.
Regulation 48 states that an application for consent under subsection 204(1) of the Act should be in the approved form and accompanied by a written statement.
Amending regulation 3 clarifies and extends the required content for a written statement. Subregulation 3.2 establishes a requirement that an application be accompanied by a copy of the rules as amended. A formal requirement that the Registrar must tell an applicant why the application does not conform with the regulations, if the application does not conform, is provided by amending subregulation 3.3.
Regulation 49 provides for notices to be published in the Gazette when an application is received and when the change or alteration is approved.
Regulation 4 of the amending Regulations provides a notice in accordance with regulation 49 will also be given to each registered organisation. The notice must include the eligibility rules of the organisation immediately before and after the alteration takes place.
Regulation 5 amends regulation 53 to ensure that the language of the regulation is consistent with subregulation 48(1) as amended.
The Regulations commence on Gazettal.
Overview
The Industrial Relations Regulations (Amendment) 1992 No. 351, issued under the authority of the Minister for Industrial Relations, amends the Industrial Relations Regulations 1988 to align with the changes introduced by the Industrial Relations Legislation Amendment Act 1992. This amendment addresses the problem of ensuring that federally registered organisations comply with updated eligibility rules and procedural requirements for changes to their membership criteria. The amendments aim to ensure transparency and consistency in the registration process of industrial relations organisations, particularly in relation to the inclusion of independent contractors as eligible members. The policy objective is to facilitate the effective administration of industrial relations by providing clear guidelines for changes in organisational rules and membership eligibility.
Scope and Application
The Industrial Relations Regulations (Amendment) 1992 No. 351 applies to federally registered organisations of employees, including independent contractors, as amended by the Industrial Relations Legislation Amendment Act 1992. This regulation falls under the purview of the Industrial Relations Act 1988, which provides the overarching legislative framework for industrial relations in Australia. The amendments extend to all federally registered organisations that operate within the Australian jurisdiction. Notably, these regulations introduce changes to the reporting requirements for organisations by mandating that annual statements lodged with the Australian Industrial Relations Commission include the number of independent contractors as members of the organisation. Furthermore, they also amend the procedures for altering the name or eligibility rules of a federally registered organisation, requiring explicit consent from the designated Presidential Member of the Australian Industrial Relations Commission. This consent process now necessitates a written statement, including a copy of the amended rules, and the Registrar must inform applicants if their application does not conform with the regulations, specifying the reasons for non-compliance. Additionally, these changes ensure that notifications regarding applications and approvals are published in the Gazette and sent to each registered organisation, detailing the eligibility rules before and after any alterations.
Key Provisions
The main operative sections of the Industrial Relations Regulations (Amendment) 1992 No. 351 include amendments to Regulation 43, Regulation 48, and Regulation 53 of the Industrial Relations Regulations (the Regulations). Regulation 43 is amended to require organisations to report not only the number of employees who are members, but also the number of independent contractors who are members. Regulation 48 is amended to clarify the content requirements for an application for consent to a change of name or alteration to the eligibility rules of a federally registered organisation. This includes requiring a written statement and a copy of the amended rules. Regulation 53 is amended to ensure consistency with the requirements of Regulation 48.
The obligations imposed on organisations by these amendments include the requirement to provide detailed membership data in their annual statement, specifically including the number of independent contractors. Organisations must also ensure their application for consent to changes in name or eligibility rules includes a written statement and a copy of the amended rules. Furthermore, when an application is received, the Registrar must notify the applicant if the application does not conform to the regulations, specifying why it does not conform.
The Industrial Relations Regulations (Amendment) 1992 No. 351 also imposes civil consequences for non-compliance with these requirements. Failure to lodge the annual statement with the correct membership details, or failure to submit a compliant application for consent to a name change or eligibility alteration, could result in legal repercussions. Additionally, Regulation 49 mandates that notices of applications and approvals must be published in the Gazette and provided to each registered organisation, ensuring transparency and accountability. Non-compliance with these notice requirements could further lead to legal actions and penalties as stipulated by the overarching Industrial Relations Act 1988. While specific penalties are not outlined in the amending regulations, breaches of the Act generally may result in fines or other legal consequences as determined by the relevant authorities.