Overview

The Tradesmen’s Rights (No. 2) Regulations 1973 were enacted under the Tradesmen’s Rights Regulation Act 1946-1966, aimed at refining the application of the Act to various trades by specifying the classifications of trades to which certain parts of the Act no longer apply or continue to apply. The Regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and notified in the Commonwealth Gazette on 15 March 1973. The primary objective of these Regulations is to streamline the application of the Tradesmen’s Rights Regulation Act, ensuring that specific trades are correctly identified for the purposes of regulation, while also delineating which trades are exempt from certain sections of the Act.

Scope and Application

The Tradesmen's Rights (No. 2) Regulations, made under the Tradesmen’s Rights Regulation Act 1946-1966, delineate the application scope and amendments to various trades and industries across the Commonwealth of Australia. These regulations specifically adjust the application of Part II, Part III, and Part V of the Act by modifying the trades and classifications to which these parts apply. For example, Part II of the Act no longer applies to several engineering trades such as toolsetter, fitter, turbine blade, and others, but continues to apply to the machine setter trade. Similarly, Part III is withdrawn from trades like boilersmith and driller, while Part V ceases to apply to electricians and aircraft mechanics, focusing instead on automotive-related electrical fitters and winder roles. These regulations are applicable nationwide, covering all states and territories within the Commonwealth, and they effectively tailor the regulatory framework to current industry needs by removing outdated classifications and updating those that remain relevant.

Key Provisions

The Tradesmen’s Rights (No. 2) Regulations, made under the Tradesmen’s Rights Regulation Act 1946-1966, establish a series of amendments to the application of the Act. Section 3 specifies that Part II of the Act, which previously applied to a range of engineering trades, will no longer apply to specific classifications such as toolsetter, fitter, turbine blade, marker-off, and others listed. However, it continues to apply to machine setters. Section 4 modifies Part III of the Act, removing its application to boiler-making, shipbuilding, ship-repairing, and structural iron and steel work trades, specifically excluding boilersmith, driller using portable machines, and plate setter and frame bender. In contrast, Section 5 revises Part IV to exclude forger, faggoter and forger and faggoter, and other smith classifications, while retaining its application to forger, blacksmith, and smith, other. Lastly, Section 6 adjusts Part V to exclude certain electrical trades, such as tradesman, aircraft mechanic, examiner, and others, but it applies to electrical fitter (automotive), armature winder (automotive), and electrical fitter and armature winder (automotive). The Regulations impose specific obligations on employers and employees within the trades affected by these amendments. Employers must ensure that the employment conditions and terms for workers in the newly regulated or deregulated trades comply with the Act where it still applies. Employees in these trades must be aware of whether their specific classifications are covered by the Act, which may affect their rights and obligations regarding apprenticeships, conditions of employment, and other related matters. For example, employers must still comply with the Act for machine setters under engineering trades, ensuring appropriate apprenticeship agreements and terms of employment are met. Failure to comply with these Regulations can result in legal consequences. While the Regulations themselves do not explicitly state penalties, breaches of the Tradesmen’s Rights Regulation Act 1946-1966 can lead to civil or criminal penalties. These may include fines and, in more severe cases, imprisonment, depending on the nature and extent of the breach. The specific penalties are typically detailed in the main Act, which the Regulations amend, and can vary based on the seriousness of the violation. Employers and employees alike must adhere to the stipulations to avoid any potential legal repercussions.