National Labour Consultative Council Amendment Act 1979

Overview

The National Labour Consultative Council Amendment Act 1979 was enacted to revise the National Labour Consultative Council Act 1977, aiming to address issues within the membership and operational structure of the Council. This Act was passed by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia. The primary policy objective of the Act is to refine the membership of the Council, ensuring it reflects contemporary industrial relations needs and incorporates relevant expertise. The Act introduces amendments such as altering the number of members, changing the appointment process for certain members, and updating definitions to better align with the roles within the Department of Industrial Relations and Department of Employment and Youth Affairs. This legislative amendment seeks to enhance the effectiveness of the National Labour Consultative Council by providing clarity in membership roles and processes, ultimately contributing to more robust and representative industrial relations consultations. The Act ensures that the Council can continue to operate with the necessary expertise and representation from relevant industry bodies and government departments.

Scope and Application

The National Labour Consultative Council Amendment Act 1979 amends the National Labour Consultative Council Act 1977, primarily to adjust the membership and operational framework of the Council. This Act applies to the National Labour Consultative Council, which is comprised of representatives from various industrial sectors and government departments. The amendments modify the size of the Council, updating the membership to include the Minister for Employment and Youth Affairs, the Secretary to the Department of Industrial Relations, and the Secretary to the Department of Employment and Youth Affairs, while also specifying that certain members are appointed by the Minister. The Act extends to the Commonwealth of Australia and comes into effect on the day of Royal Assent. It includes provisions for the resignation of appointed members and the nomination of substitutes to attend Council meetings. This legislation does not explicitly state exclusions or thresholds but modifies existing definitions and roles within the Council.

Key Provisions

The National Labour Consultative Council Amendment Act 1979 (sections 1-6) amends the National Labour Consultative Council Act 1977. The amendments primarily affect the membership, resignation process, and substitute members of the Council. Section 4(1) increases the number of members from 16 to 18 and modifies the composition to include the Minister for Employment and Youth Affairs and the Secretaries of the Department of Industrial Relations and the Department of Employment and Youth Affairs. The Council's composition also changes to include the Confederation of Australian Industry and the National Employers' Industrial Council. Existing members of the former National Employers' Policy Committee remain on the Council and are considered as nominees by the Confederation of Australian Industry, National Employers' Industrial Council from the Act's commencement (section 4(2)). The Act imposes specific obligations on the members of the Council. Under section 4, the members mentioned in paragraphs (1)(c), (d), (e), and (f) are appointed by the Minister. Additionally, the Act modifies the resignation process by specifying that only "appointed members" can resign, as stated in section 5. Section 6 allows the Minister, the Minister for Employment and Youth Affairs, or the Secretaries of the relevant departments to nominate a substitute to attend Council meetings in the absence of the appointed member. In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with its provisions. However, any breach of the duties and responsibilities outlined in the amended sections could potentially lead to legal ramifications under the broader National Labour Consultative Council Act 1977 or other related legislation. The penalties for such breaches would depend on the specific nature of the non-compliance and the provisions of other applicable laws.