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, issued under the authority of the Minister for Industrial Relations, serves as an amendment to the Industrial Relations Act 1988. This amendment was enacted to address the need for more streamlined procedures in the certification of agreements between parties involved in an industrial dispute, ensuring these agreements can be effectively managed and recognised by the Australian Industrial Relations Commission (AIRC). The Industrial Relations Legislation Amendment Act 1992 introduced these changes to enhance the regulatory framework concerning certified agreements, which are agreements that, once certified by the AIRC, become legally binding awards. The policy objective of these amendments is to facilitate the resolution of industrial disputes more efficiently by providing a clear and regulated process for the certification of agreements. The Regulations commence on their publication in the Gazette.
Scope and Application
The Industrial Relations Regulations (Amendment) 1992 No. 232 applies to any person or entity involved in an industrial dispute who seeks to have a memorandum of agreed terms certified by the Australian Industrial Relations Commission (AIRC) as an award. The amendment pertains to the Industrial Relations Act 1988, which is a Commonwealth Act, thus extending its reach across Australia. This Act applies to employers, employees, and any other parties to an industrial dispute, including trade unions and employer associations. The regulations specifically address the procedural requirements for submitting an application to the AIRC for the certification of an agreement, which is now governed by the newly inserted Division 3A in the Principal Act. Proposed regulation 14A outlines the minimum requirements for such applications, including the submission of a signed memorandum of agreement and a statutory declaration from an authorised officer of the organisation. The regulations, which come into effect upon Gazettal, ensure that the application process is formalised and transparent, thus providing a clear pathway for the certification of agreements.
Key Provisions
The key provisions of the Industrial Relations Regulations (Amendment) 1992 No. 232 (the Regulations) pertain to the certification of agreements between parties to an industrial dispute. Specifically, section 134C of Division 3A of the Industrial Relations Act 1988 (the Principal Act) allows parties to an industrial dispute to draft a memorandum of agreed terms and apply to the Australian Industrial Relations Commission (AIRC) for certification of this agreement. The certification process is governed by proposed regulation 14A, which mandates that a complete application for certification must include a signed copy of the memorandum and a statutory declaration from an authorised officer of each organisation involved. This statutory declaration must confirm that the agreement has been approved by the committee of management or by the authorised officer themselves, if they have been granted the authority to approve the terms.
The obligations imposed by the Regulations are clear and specific. Each organisation involved in the industrial dispute must ensure that their application to the AIRC is complete. This entails providing a signed copy of the memorandum of agreement, which serves as the foundation of the proposed certified agreement. Additionally, each organisation must present a statutory declaration made by an authorised officer. This declaration must explicitly state the name of the person making it, their position in the organisation, and the source of their authority to make such a declaration. The statutory declaration is a critical component of the application, as it verifies the agreement's approval by the appropriate governing body within the organisation.
Failure to comply with the requirements set out in the Regulations can lead to serious consequences. Although the precise civil or criminal penalties for non-compliance are not explicitly stated in the text, it is reasonable to infer that incomplete or improper applications could result in the AIRC rejecting the application. This, in turn, could delay or prevent the certification of the agreement, potentially exacerbating the industrial dispute. Additionally, there may be broader legal or regulatory repercussions for organisations that do not adhere to the stipulated requirements, although these are not detailed in the provided text. The emphasis on the necessity of complete and accurate applications underscores the importance of meticulous compliance to avoid adverse outcomes.