Workplace Relations Amendment Regulations 1998 (No. 4) 1998 No. 354
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 354
Issued by Authority of the Minister for Employment, Workplace Relations and Small Business
Workplace Relations Act 1996
Workplace Relations Amendment Regulations 1998 (No. 4)
Subsection 359(1) of the Workplace Relations Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.
Subsection 285A(3) of the Act provides that an Industrial Registrar may revoke a right of entry permit (that is, a permit which allows an official of a registered organisation entry into an employers' premises in the circumstances specified in the Act), on application made in accordance with the regulations. An Industrial Registrar may revoke a permit on the basis that the permit holder has, in exercising their powers under the Act, intentionally hindered or obstructed an employer or employee or otherwise acted in an improper manner.
The purpose of the Regulations is to amend the Workplace Relations Regulations: to change the title of the regulations to the Workplace Relations Regulations 1996, to reflect current drafting practice; to alter a reference to the Australian Securities Commission (the ASC) to reflect the new name of that body; and to expand the category of persons who may apply for the revocation of a right of entry permit.
Amendment to Regulation 1 (Item 1 of the Schedule):
The amendment of regulation 1 changes of title of the Regulations to the Workplace Relations Regulations 1996, to reflect current drafting practice.
Amendment to paragraph 98ZO(b) (Item 2 of the Schedule):
Item 2 of the Schedule amends paragraph 98ZO(b) to reflect the change of name of the former ASC, which on 1 July 1998 was changed to the Australian Securities and Investments Commission (ASIC). The amendment to paragraph 98ZO(b) does not change the effect of regulation 98ZO.
Amendment to Regulation 109C (Items 3 and 4 of the Schedule):
Part IX, Division 11A of the Act establishes a regime for entry into workplaces by officials of registered organisations. To enter an employer's premises, an official must have a valid permit issued by an Industrial Registrar under section 285A. (The prerequisites for entry to premises by a permit holder are specified in sections 285B-285D of the Act).
Regulation 109C of the Regulations prescribes employers and employer organisations as persons who may apply for revocation of a permit for the purposes of subsection 285A(3).
The grounds upon which an application may be made are that an employer or an employee of that employer has been hindered or obstructed by the holder of the permit or, that the holder of the permit has otherwise acted in an improper manner (rr.109C(1)(a) and (b)).
The Regulations extend to inspectors appointed under Part V of the Act, the right to apply for revocation of a right of entry permit. The basis upon which an application may be made are the same as already provided by regulation 109C for employers and employer organisations.
The amendment to regulation 109C is a logical extension of the powers inspectors already have to enter workplaces to investigate suspected breaches of awards, agreements or the Act.
The regulations commence upon gazettal.
Overview
The Workplace Relations Amendment Regulations 1998 (No. 4) were enacted to amend the Workplace Relations Regulations 1996. These regulations were introduced to address the need for updates in the regulatory framework to reflect changes in the legislative environment and to expand the scope of who may apply for the revocation of a right of entry permit. The enacting body was the Parliament of Australia, and the policy objective was to ensure the regulations align with current drafting practices and organisational changes. Specifically, the regulations updated the title of the regulations to reflect current drafting practice, amended references to the Australian Securities Commission to its new name, the Australian Securities and Investments Commission, and expanded the category of persons who may apply for the revocation of a right of entry permit to include inspectors appointed under Part V of the Workplace Relations Act 1996.
Scope and Application
The Workplace Relations Amendment Regulations 1998 (No. 4) primarily serve to amend the existing Workplace Relations Regulations 1996 in alignment with legislative changes and current drafting practices. This regulatory amendment applies to the persons and entities involved in workplace relations governed by the Workplace Relations Act 1996, which includes employers, employer organisations, and officials of registered organisations. These regulations extend across the Commonwealth jurisdiction and are instrumental in regulating the issuance and revocation of permits that allow officials entry into employers' premises. Notably, the regulations expand the category of individuals who can apply for the revocation of a right of entry permit to include inspectors appointed under the Act, thereby ensuring comprehensive oversight and enforcement of workplace laws. The regulations also update references to reflect the change in the name of the Australian Securities Commission to the Australian Securities and Investments Commission, without altering the substantive effect of the provisions. The amendments are intended to streamline and modernise the regulatory framework, facilitating more effective administration and enforcement of workplace relations legislation.
Key Provisions
The Workplace Relations Amendment Regulations 1998 (No. 4) introduce several amendments to the Workplace Relations Regulations 1996. These amendments serve to modernise the title of the regulations and to update references within the regulations to reflect changes in the names of certain organisations. Regulation 1, for instance, changes the title of the regulations to the Workplace Relations Regulations 1996 to align with current drafting practices (Item 1 of the Schedule). Additionally, paragraph 98ZO(b) is updated to reflect the renaming of the Australian Securities Commission (ASC) to the Australian Securities and Investments Commission (ASIC) (Item 2 of the Schedule).
These regulations also introduce significant changes regarding the revocation of right of entry permits. Regulation 109C is amended to expand the category of persons who may apply for the revocation of such permits. Previously, only employers and employer organisations were permitted to apply for revocation, but now inspectors appointed under Part V of the Act are also included in this category (Items 3 and 4 of the Schedule). The grounds for revocation remain consistent with those stipulated in regulation 109C(1)(a) and (b), where an application may be made if the permit holder has hindered or obstructed an employer or employee or has otherwise acted in an improper manner.
The obligations imposed by these regulations primarily concern the Industrial Registrar, who is tasked with managing the issuance and revocation of right of entry permits. The Registrar must now consider applications for permit revocation from a broader range of parties, including inspectors, and must do so in accordance with the stipulated grounds. The Registrar is also required to act upon revocation applications made by employers, employer organisations, and inspectors when the permit holder is found to have acted improperly or obstructed an employer or employee.
The Workplace Relations Amendment Regulations 1998 (No. 4) do not introduce new offences or specify penalties for non-compliance. However, any breach of the provisions regarding the revocation of right of entry permits could potentially lead to legal challenges or disputes. Industrial Registrars who fail to act on valid applications for permit revocation or who fail to follow the prescribed grounds may face judicial review or other legal consequences. The overarching aim of these regulations is to ensure that the process for granting and revoking right of entry permits is fair and transparent, protecting the rights of both employers and employees while facilitating necessary oversight and compliance activities.