Workplace Relations Amendment Regulations 1999 (No. 1) 1999 No. 42
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 42
(Issued by authority of the Minister for Employment, Workplace Relations and Small Business)
Workplace Relations Act 1996
Workplace Relations Amendment Regulations 1999 (No. 1)
Section 142 of the Workplace Relations Act 1996 (the Act) requires the Industrial Registrar to notify prescribed bodies before the Australian Industrial Relations Commission (AIRC) proceeds to vary a term of an award that is a common rule in a Territory for an industry, or a common rule for the whole or a class of public sector employment.
Section 359 of the Act provides that the Governor-General may make regulations to give effect to the Act.
Regulation 22 of the Workplace Relations Regulations 1996 (the Regulations) prescribes the organisations which are to be notified as required by section 142 of the Act.
The regulations amend the Regulations to add certain organisations to the list of organisations to be notified, to remove others which no longer exists, and to amend the names of other organisations to reflect name changes.
Australian Business Industrial and the Northern Territory Hotels and Hospitality Association Incorporated are added to the list of organisations to be notified in relation to the variation of awards that are common rules of an industry in the ACT and Northern Territory respectively, to enable them to properly serve their members' interests. The Commissioner for Public Employment for the Northern Territory is added to the list of organisations to be notified in relation to variations of relevant awards in industries in the NT, as such variations have the potential to impact on conditions of service for NT Public Service employees.
Regulation 124 of the Regulations prescribes the office hours of the Industrial Registry. The regulations alter the office hours from 9.30 a.m. - 4.30 p.m. to 9.00 a.m. - 5.00 p.m.
The regulations amending regulation 124 commence on 31 March 1999, and the regulations amending regulation 22 commence on the date of gazettal.
Overview
The Workplace Relations Amendment Regulations 1999 (No. 1) were enacted to address the need for updating the list of organisations that must be notified by the Industrial Registrar before the Australian Industrial Relations Commission (AIRC) varies a term of an award that is a common rule in a Territory for an industry, or a common rule for the whole or a class of public sector employment. This was done in accordance with section 359 of the Workplace Relations Act 1996, which empowers the Governor-General to make regulations to give effect to the Act. The primary objective of these regulations is to ensure that relevant organisations are properly informed of award variations, enabling them to advocate for their members' interests effectively. Additionally, the regulations also adjust the office hours of the Industrial Registry to improve operational efficiency. The regulations were issued by authority of the Minister for Employment, Workplace Relations and Small Business.
Scope and Application
The Workplace Relations Amendment Regulations 1999 (No. 1) amends the Workplace Relations Regulations 1996 to update the list of organisations that must be notified before the Australian Industrial Relations Commission varies a term of an award that is a common rule in a Territory for an industry, or a common rule for the whole or a class of public sector employment. This amendment ensures that relevant organisations, such as Australian Business Industrial and the Northern Territory Hotels and Hospitality Association Incorporated, are notified to properly represent their members' interests. Additionally, the Commissioner for Public Employment for the Northern Territory is included to ensure that variations in relevant awards impacting the Northern Territory public service are appropriately considered. The regulations also adjust the office hours of the Industrial Registry from 9.30 a.m. to 4.30 p.m. to 9.00 a.m. to 5.00 p.m. The changes to the office hours commenced on 31 March 1999, while the changes to the list of notified organisations took effect on the date of gazettal.
Key Provisions
The Workplace Relations Amendment Regulations 1999 (No. 1) primarily serve to update the list of prescribed organisations that must be notified under section 142 of the Workplace Relations Act 1996 (the Act) when the Australian Industrial Relations Commission (AIRC) proposes to vary a term of an award that is a common rule for an industry or public sector employment. The amendments to regulation 22 of the Workplace Relations Regulations 1996 introduce new organisations to the list of those requiring notification and remove obsolete ones. Specifically, Australian Business Industrial and the Northern Territory Hotels and Hospitality Association Incorporated are added to ensure they can advocate effectively for their members regarding award variations in the ACT and Northern Territory respectively. Additionally, the Commissioner for Public Employment for the Northern Territory is included to address potential impacts on conditions of service for NT Public Service employees.
These regulations impose obligations on the Industrial Registrar to notify the prescribed bodies as stipulated in the amended regulation 22. The Registrar must ensure timely and accurate notifications are made to the updated list of organisations when there are proposed changes to common rules in awards. This requirement is crucial to maintaining transparency and allowing these bodies to engage in the process to protect the interests of their members. Furthermore, the regulations necessitate adherence to the altered office hours specified in regulation 124, which now run from 9.00 a.m. to 5.00 p.m., ensuring that the Industrial Registry is accessible to stakeholders within these hours.
Failure to comply with the notification requirements or the altered office hours stipulated in the regulations could result in breaches of the Workplace Relations Act 1996. While the Explanatory Statement does not specify particular penalties, breaches of regulations made under the Act can generally lead to enforcement actions, including fines or other civil and criminal consequences depending on the severity and intent of the breach. It is essential for the Industrial Registrar to adhere strictly to these provisions to avoid any potential repercussions.