EXPLANATORY STATEMENT
Statutory Rule 1986 No. 203
Trade Union Training Authority Regulations
(Issued by the Authority of the Minister for Employment and Industrial Relations)
Sub-section 9(4) of the Trade Union Training Authority Act 1975 (“the Act”) provides for the establishment by regulation of Councils for Union Training in the Australian Capital Territory and the Northern Territory. Paragraph 30(2)(a) of the Act provides that the regulations may establish a Trade Union Training Centre for the Australian Capital Territory.
These are the first regulations to be made under the Act. They provide for the establishment of a Council for Union Training in the Australian Capital Territory pursuant to sub-section 9(4) of the Act and for the constitution of that Council, the terms and conditions upon which members of the Council shall hold office, the holding of meetings and the appointment, rights, powers and duties of deputy members of the Council pursuant to section 24 of the Act. The regulations also establish a Trade Union Training Centre for the Australian Capital Territory pursuant to paragraph 30(2)(a) of the Act, and for the functions of that Centre pursuant to sub-section 31(3) of the Act.
In addition, regulation 14 increases from $50,000 to $100,000 the limit on contracts into which the Trade Union Training Authority can enter without the approval of the Minister under paragraph 47(a) of the Act.
It is intended that further regulations will be promulgated shortly which will provide machinery for the election of staff representatives to the Council for Union Training in the Australian Capital Territory and to other councils already established under the Act. The positions of elected staff representatives on the various councils is provided for in paragraphs 14(1)(j) and 20(1)(e) of the Act as amended by the Statute Law (Miscellaneous Provisions) Act (No 1) 1985. However, all the councils can be validly constituted and can validly perform their functions without the elected staff representatives.
Details of the regulations are as follows:
• Regulations 1 and 2 provide for the citation of the regulations and their interpretation;
• Regulation 3 defines certain terms used in Part II of the regulations (Regs 3-11) relating to the Council for Union Training for the Australian Capital Territory;
• Regulation 4 provides for the establishment of a Council for Union Training for the Australian Capital Territory;
• Sub-regulation 5(1) provides for the constitution of the Council, which is to consist of 12 members, namely:
- one person appointed by the Minister - para. 5(1)(a);
- one officer of the Department of Employment and Industrial Relations appointed by the Minister on the nomination of the Secretary - para. 5(1)(b);
- 6 persons to represent the Trades and Labour Council of the Australian Capital Territory appointed by the Minister after consultation with that Council - para. 5(1)(c);
- one officer or employee of the Trade Union Training Authority (“TUTA”) appointed by the Minister on the nomination of the National Director - para. 5(1)(d);
- one officer or employee of TUTA, to represent its officers and employees, appointed by the Minister, and elected by the officers and employees of TUTA employed in the Australian Capital Territory - para. 5(1)(e);
- one person to represent the Branch of the Confederation of Australian Industry for the Australian Capital Territory appointed by the Minister after consultation with that Branch - para. 5(1)(f);
- one person appointed by the Minister to represent the interests of technical and further education in the Australian Capital Territory.
• Sub-regulation 5(2) provides that the person appointed by the Minister pursuant to paragraph 5(1)(a) shall be the chairperson of the Council.
• Sub-regulation 5(3) provides that the Council shall be deemed to have been constituted when not less than 6 members have been appointed.
• Sub-regulation 5(4) permits the chairperson to be referred to as the Chairman or Chairwoman, as appropriate.
• Regulation 6 provides for the appointment of acting Chairpersons.
• Sub-regulations 7(1) and (2) provide for the appointment of deputy members of the Council. Under sub-regulation 7(3) a deputy member of the Council may attend a meeting of the Council where the relevant members is absent and the deputy member is deemed to be a member of the Council when so attending.
• Regulation 8 provides for tenure of office of Council members:
- sub-regulation 8(1) provides that, subject to the regulations, a member of the Council holds office for a period of up to 3 years, as specified in the instrument of appointment, but the member is eligible for re-appointment;
- sub-regulation 8(2) provides that the deputy member of the Council in relation to a member referred to in paragraph 5(1)(b) or (g) will hold office during the pleasure of the Minister;
- sub-regulation 8(3) provides that the deputy member of the Council in relation to a member referred to in paragraph 5(1)(c) or (f) will hold office until the deputy member resigns the office or the appointment is terminated in accordance with sub-regulation 9(2), (3) or (4).
• Regulation 9 provides for the termination of the appointment of members and deputy members of the Council. Section 28 of the Act, which deals with the termination of the appointment of members and deputy members of the Australian Council and the Regional Councils for the States, is expressed to apply also to councils established by regulation subject to such modifications, including the addition, omission or substitution of a provision, as are prescribed. Sub-regulation 9(1) provides that section 28 of the Act applies to a member of the Council for Union Training in the Australian Capital Territory subject to the following modifications, namely the omission of sub-sections (1), (2), (3A) and (4) and the substitution of new sub-sections (2), (3A) and (4). The modifications remove unnecessary references to other Councils established under the Act, and make clear to which members of the Council specific provisions apply. The modifications do not impose any different grounds for the termination of the appointment of a member of the Council than are contained in section 28 in respect of the members of other Councils established under the Act, namely:
• for misbehaviour or mental or physical incapacity;
• for certain specified financial difficulties, including bankruptcy;
• in the case of a member who is an officer or employee of TUTA, where the member ceases to be such an officer or employee;
• in the case of a member representing the Trades and Labor Council of the Australian Capital Territory or the ACT Branch of the Confederation of Australian Industry, where either body notifies the Minister that it no longer wishes to be represented by the relevant member
• Regulation 10 provides that the Chairperson is to be paid such remuneration as is determined by the Remuneration Tribunal, or if there is not such determination, an amount equal to the remuneration paid to the holder of the office of Chairman of the Tasmanian Council for Union Training.
• Regulation 11 provides for the conduct of meetings of the Council, including the powers and duties of the Chairperson, the convening of meetings, quorums and the procedure of meetings.
• Regulations 12 and 13, comprising Part III of the regulations, provides for the establishment and functions of a Trade Union Training Centre for the Australian Capital Territory. Under regulation 13, its functions are to provide such courses of trade union training and other related training as the National Director of TUTA determines.
• Regulation 14, which is in Part IV (“Miscellaneous”) of the regulations, prescribes an amount of $100,000 for the purposes of paragraph 47(a) of the Trade Union Training Authority Act 1975 as the maximum amount of any contract into which the Authority can enter without the approval of the Minister.