Workplace Relations Amendment Regulations 2008 (No. 3)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2008L04525 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 243

 

Issued by the authority of the Minister for Employment and Workplace Relations.

 

Workplace Relations Act 1996

 

Workplace Relations Amendment Regulations 2008 (No. 3)

 

Subsection 846(1) of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters that are either 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. 

 

In addition, clause 7 of Schedule 10 to the Act provides that regulations made for the purposes of the clause may modify how section 19 of Schedule 1 to the Act applies in relation to transitionally registered associations, which are associations registered under State industrial relations systems allowed under the Act to participate in the federal workplace relations system.

 

The Regulations amend the Workplace Relations Regulations 2006 (the Principal Regulations) clarifying that the Australian Industrial Relations Commission (the Commission) may grant a transitionally registered association full registration even if it has amended its rules while transitionally registered. 

 

Schedule 1 to the Act provides for the registration of organisations which are then entitled under the Act to represent the industrial interests of employees or employers in the federal workplace relations system.  Organisations must meet the criteria for registration in section 19 of Schedule 1.  Under Schedule 10,  transitionally registered associations can represent employees and employers who were drawn into the federal workplace relations system from State systems by amendments made to the Act by the Workplace Relations Amendment (Work Choices) Act 2005. 

 

All transitionally registered associations will cease to be recognised by the Act on 31 December 2009 or a later date prescribed by regulations.  Transitionally registered associations must obtain full registration by this date to continue representing their members in the federal system.

 

The application of section 19 of Schedule 1 to transitionally registered associations is currently modified by the Principal Regulations.  Among other things, these modifications require the Commission to refuse full registration to a transitionally registered association if the association’s rules do not limit membership to the State in which it was registered before gaining transitional registration (regulation 4.4 of Part 4 of Chapter 6 in the Principal Regulations refers).  The effect of this provision is that many transitionally registered associations seeking full registration have been required to insert a State-based membership limit in their rules. 

 

Some already federally registered organisations have sought to oppose applications for full registration by transitionally registered associations.  They have argued that any rule changes made by the association (including changes, for example, to comply with regulation 4.4) prevent the Commission from being able to register the association in the federal workplace relations system.  These Regulations clarify that a transitionally registered association is able to make any rule changes while transitionally registered and remain eligible for full registration.

 

Details of the Regulations are set out in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.  They commence on the day after they are registered on the Federal Register of Legislative Instruments. 

The Regulations have no compliance cost to business or impact on business and individuals or the economy.

No consultations were conducted in relation to the development of these Regulations.  They clarify the operation of the Principal Regulations.  They are of a minor and technical nature and do not alter existing arrangements.

 

 


ATTACHMENT

 

Details of the Workplace Relations Amendment Regulations 2008 (No. 3)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Workplace Relations Amendment Regulations 2008 (No. 3).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

Regulation 3 – Amendment of the Workplace Relations Regulations 2006

 

This regulation provides that the Workplace Relations Regulations 2006 (the Principal Regulations) are amended in accordance with Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Chapter 6, Part 4, after regulation 4.4

 

This item inserts new regulation 4.5 in Part 4 of the Principal Regulations. 

 

New regulation 4.5 modifies the way in which section 19 of Schedule 1 to the Workplace Relations Act 1996 (the Act) applies to transitionally registered associations seeking full registration.  The regulation allows the Australian Industrial Relations Commission (the Commission) to grant full federal registration to an association that has amended its rules while transitionally registered.

 

As a result of differing registration requirements in State industrial relations systems, many transitionally registered associations will need to make changes to their rules to satisfy the requirements of section 19 of Schedule 1 as modified by the Principal Regulations.  This new regulation clarifies that any rule change made by an association, including but not limited to changes to enable it to gain full registration, does not require the Commission to refuse to fully register the association.

 

Illustrative Example

 

The Model Car Union of South Australia is a transitionally registered association that is keen to obtain full registration under the Act.

Before lodging its application for full registration, the Model Car Union changes its rules in accordance with the requirement of the relevant South Australian legislation.  The changes insert a new rule limiting the union’s membership to employees in South Australia, update the union’s election processes to comply with the requirements of Schedule 1 and remove some obsolete rules.  Regulation 4.5 would make clear that the Commission is not prevented from granting the Model Car Union full registration because it has amended its rules while transitionally registered.

 

Overview

The Workplace Relations Amendment Regulations 2008 (No. 3) were enacted to address a gap in the Workplace Relations Act 1996 (WR Act) concerning the eligibility of transitionally registered associations for full federal registration. These regulations were made under the authority of the Minister for Employment and Workplace Relations and are intended to clarify the circumstances under which such associations can amend their rules while transitionally registered and still be eligible for full registration. The policy objective is to ensure that these associations, which were drawn into the federal system from state systems by the amendments made by the Workplace Relations Amendment (Work Choices) Act 2005, can effectively transition to full registration without being hindered by rule changes they might need to make during this period. The regulations modify the Workplace Relations Regulations 2006 to remove any ambiguity that could prevent the Australian Industrial Relations Commission from granting full registration to these associations despite any rule amendments they may have made.

Scope and Application

The Workplace Relations Amendment Regulations 2008 (No. 3) clarify the eligibility of transitionally registered associations for full registration under the Workplace Relations Act 1996. These associations, which were previously registered under state industrial relations systems and allowed to participate in the federal workplace relations system, must obtain full registration by 31 December 2009 to continue their representation in the federal system. The regulations address the issue of rule amendments made by these associations while they are transitionally registered, ensuring that such changes do not disqualify them from achieving full registration. Previously, some associations were required to alter their rules to comply with specific state-based membership limitations, a requirement stemming from modifications made by the Workplace Relations Regulations 2006. The new regulation, introduced through the amendment, explicitly allows the Australian Industrial Relations Commission to grant full registration to associations that have amended their rules while still transitionally registered, thus providing clarity and facilitating the transition to full federal registration without penalising associations for necessary adjustments to their rules. The regulations apply across the Commonwealth and have no additional compliance costs or impacts on business or the economy.

Key Provisions

The main operative sections of these Regulations (Workplace Relations Amendment Regulations 2008 (No. 3)) pertain to how transitionally registered associations can seek full registration under the Workplace Relations Act 1996 (the Act). Specifically, the Regulations amend the Workplace Relations Regulations 2006 (the Principal Regulations) to clarify that the Australian Industrial Relations Commission (the Commission) can grant full registration to a transitionally registered association even if it has amended its rules while transitionally registered (Regulation 3 and Schedule 1, Item [1]). This amendment modifies the application of section 19 of Schedule 1 of the Act to these associations. The Regulations impose obligations on transitionally registered associations seeking full registration, primarily by clarifying that they can amend their rules while transitionally registered without jeopardising their eligibility for full registration (Regulation 3 and Schedule 1, Item [1]). Associations must still meet the criteria for registration in section 19 of Schedule 1 of the Act, but they are now assured that any rule changes, including those made to comply with state requirements, will not prevent the Commission from granting them full registration. There are no explicit offences, penalties, or consequences for breach mentioned in the Regulations. However, the failure of a transitionally registered association to obtain full registration by 31 December 2009, or a later date prescribed by regulations, would mean that the association ceases to be recognised by the Act and can no longer represent its members in the federal workplace relations system. The Regulations are minor and technical, clarifying the operation of the Principal Regulations without introducing new compliance costs or altering existing arrangements.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.