Workplace Relations Legislation Repeal Regulation 2012

Overview

The Workplace Relations Legislation Repeal Regulation 2012 was introduced to repeal the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 and the Construction Industry Development Agency (Transitional) Regulations 1995, which had become obsolete. This was achieved under the authority of the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986 and the Construction Industry Reform and Development Act 1992. The former Act was enacted to address the cancellation of the registration of the Australian Building Construction Employees' and Builders Labourers’ Federation, facilitating the eligibility of former members for other employee organisations. The latter Act established the Construction Industry Development Agency, which was wound up on 1 July 1995, leading to the redundancy of the related regulations. The regulation was issued by the Minister for Employment and Workplace Relations, Bill Shorten, and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

The Workplace Relations Legislation Repeal Regulation 2012 is a legislative instrument issued under the authority of the Minister for Employment and Workplace Relations, aiming to repeal the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 and the Construction Industry Development Agency (Transitional) Regulations 1995, both of which have become redundant. The Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986 and the Construction Industry Reform and Development Act 1992 empower the Governor-General to make regulations necessary to carry out or give effect to these Acts. The BLF Regulations were originally established following the cancellation of the BLF’s registration under the Conciliation and Arbitration Act 1904, facilitating the eligibility of employees previously covered by the BLF to join other employee organisations. Given that the BLF has since merged with other organisations, these regulations are no longer necessary. Similarly, the CIDA Regulations were created under the Construction Industry Reform and Development Act 1992 to manage the transfer of the Construction Industry Development Agency’s assets and liabilities to the Commonwealth, which has since been dissolved, rendering these regulations obsolete. The repeal of these regulations streamlines the legislative framework, reflecting the current state of industry organisation and governance.

Key Provisions

The Workplace Relations Legislation Repeal Regulation 2012 (the Regulation) serves to repeal the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 and the Construction Industry Development Agency (Transitional) Regulations 1995, which have become obsolete. Section 2 of the Regulation repeals the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Regulations 1986 (section 2(1)(a)), which were enacted under the Builders Labourers’ Federation (Cancellation of Registration - Consequential Provisions) Act 1986 following the cancellation of the Australian Building Construction Employees' and Builders Labourers’ Federation’s (BLF) registration under the Conciliation and Arbitration Act 1904. These regulations previously facilitated the eligibility of persons employed in the building and construction industry in a class of work previously covered by the BLF to become members of other employee organisations. Given that the organisations referred to in the BLF Regulations have merged with other employee organisations, the BLF Regulations are now redundant. Similarly, section 2(1)(b) of the Regulation repeals the Construction Industry Development Agency (Transitional) Regulations 1995, which were made under the Construction Industry Reform and Development Act 1992. These regulations provided for the transfer of the Construction Industry Development Agency’s (the Agency) assets and liabilities to the Commonwealth. Since the Agency was wound up and ceased to exist on 1 July 1995 in accordance with section 15 of the Construction Industry Reform and Development Act 1992, and its functions and resources have been transferred to the Commonwealth, the CIDA Regulations are now redundant. The Regulation imposes no new obligations or requirements on the parties or entities it governs, as it primarily serves to repeal existing, obsolete regulations. However, by repealing these regulations, the Regulation ensures that the legal framework governing the construction industry is kept up to date and does not include outdated provisions that no longer serve a purpose. The repealed regulations, which previously facilitated the transition of employees from the BLF to other organisations and the transfer of the Agency’s assets and liabilities to the Commonwealth, are no longer necessary, and their repeal simplifies the legislative landscape. There are no specific offences, penalties, or civil/criminal consequences for breach under the Workplace Relations Legislation Repeal Regulation 2012, as the Regulation itself does not impose any new obligations or requirements. Instead, its purpose is to tidy up the legislative framework by removing redundant regulations. However, any actions that were previously regulated by the repealed regulations would no longer be subject to those specific regulatory requirements post-repeal. The repeal of these regulations is a straightforward administrative measure to ensure the legislative framework remains current and efficient.