Workplace Relations Regulations 2006
Select Legislative Instrument No. 52, 2006
made under the
Fair Work (Registered Organisations) Act 2009 and Workplace Relations Amendment (Work Choices) Act 2005
Compilation No. 15
Compilation date: 1 July 2015
Includes amendments up to: SLI No. 95, 2015
Registered: 1 September 2015
About this compilation
This compilation
This is a compilation of the Workplace Relations Regulations 2006 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date).
This compilation was prepared on 27 August 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Chapter 1—Preliminary
1.1 Name of Regulations
1.2 Commencement
1.3 Definitions
1.4 Definition of employing authority in subsection 4(1) of the Act—prescribed persons and bodies
1.5 Definition of public sector employment in subsection 4(1) of the Act—prescribed laws and persons
1.6 Repeal of Workplace Relations Regulations 1996
Chapter 2—General regulations for the Workplace Relations Act 1996
Part 1—Preliminary
Division 1—Exclusion of persons insufficiently connected with Australia
1.1 Crew members of commercial vessels
Division 2—Act excludes some State and Territory laws
1.2 State and Territory laws that are not excluded by the Act—general
1.3 State and Territory laws that are not excluded by the Act—specified laws
1.4 Exclusion of prescribed State and Territory laws
Division 3—Awards, agreements and Commission orders prevail over State and Territory law etc
1.5 Laws about training arrangements
1.6 Laws about prevailing awards, agreements and Commission orders
Part 3—Australian Industrial Relations Commission
Division 1—Establishment of Commission
3.1 Prescribed State industrial authorities—section 67 and subsections 71(2) and 696(1), (2) and (5) of the Act
Division 3—Representation and intervention
3.3 Representation of employing authorities before the Commission or Court
3.4 Representation of certain persons by unregistered associations
Division 4—General matters relating…
Overview
The Workplace Relations Regulations 2006, enacted under the Fair Work (Registered Organisations) Act 2009 and the Workplace Relations Amendment (Work Choices) Act 2005, address the need to clarify and provide detailed operational rules for the complex industrial relations landscape in Australia. These regulations were established to implement the reforms introduced by the Work Choices Act, aiming to streamline workplace agreements and enhance the efficiency of industrial relations processes. The regulations were developed by the Australian Parliament to provide a framework for the enforcement of new industrial relations laws, ensuring that the legislative intent is effectively carried out. The overarching policy objective is to create a more flexible and efficient workplace relations system, fostering better outcomes for both employers and employees while maintaining a balance between the interests of the two parties.
Scope and Application
The Workplace Relations Regulations 2006, which are subordinate legislation made under the Fair Work (Registered Organisations) Act 2009 and the Workplace Relations Amendment (Work Choices) Act 2005, apply to employers and employees across Australia and cover various aspects of workplace relations. The Regulations provide detailed rules and procedures to complement the overarching legislative framework established by the primary Acts, and their scope is broad, encompassing areas such as the establishment of the Australian Industrial Relations Commission and Registry, representation of employing authorities, industrial action, workplace agreements, and dispute resolution processes. The Regulations also outline specific requirements for record-keeping and the issuance of pay slips, as well as the conditions and powers related to workplace inspectors. While certain State and Territory laws are excluded from the application of the Workplace Relations Act 1996, the Regulations clarify which laws remain unaffected by these exclusions. Additionally, they establish processes for the variation and revocation of transitional awards and set out transitional provisions for employees and employers affected by the legislative reforms. The Regulations provide for certain exemptions and transitional arrangements to ensure a smooth implementation of the new workplace relations system, while also incorporating civil remedy provisions and penalties for non-compliance. The Regulations are designed to be comprehensive and detailed, addressing a wide range of issues related to workplace relations, and are subject to amendment through further legislative instruments.
Key Provisions
- The Workplace Relations Regulations 2006 provide a comprehensive framework for the administration and enforcement of workplace relations laws in Australia. Key sections include the definitions (Section 1.3), which clarify terms used throughout the regulations, and the commencement provisions (Section 1.2), which outline when the regulations come into effect. The regulations also include detailed provisions on the establishment and powers of the Australian Industrial Relations Commission and the Australian Industrial Registry, such as the procedure for compulsory conferences (Section 3.5) and the lodgment of documents (Section 4.2). Additionally, they specify the terms and conditions that can be included in workplace agreements (Section 8.2) and the process for resolving disputes (Section 13.1).
- These regulations impose several obligations on employers, employees, and other parties. Employers must ensure they maintain accurate records relating to their employees, including employment contracts and pay slips (Part 19). They must also comply with award conditions and workplace agreements, ensuring employees receive entitlements such as annual leave and parental leave (Part 7). The regulations require workplace inspectors to investigate potential breaches of workplace laws and provide advice to employers and employees about their rights and obligations (Part 6). Furthermore, they mandate that workplace agreements be in a prescribed form and signed by the relevant parties (Section 8.11).
- Breaches of the regulations can result in various penalties and consequences. Civil remedies provisions, such as those concerning the signing of workplace agreements (Section 8.13) and the retention of records (Section 19.4), can be enforced as if they were offences under the Criminal Code (Section 14.5). The regulations also specify financial penalties for offences such as the unauthorised disclosure of information (Section 5.3) and the failure to comply with record-keeping requirements (Section 19.17). Additionally, workplace inspectors have the authority to issue infringement notices for minor breaches, with penalties determined by the regulations (Part 19B). For more serious breaches, the regulations provide for criminal penalties, including fines and imprisonment, as specified in the Workplace Relations Act 1996 and the Criminal Code. Failure to comply with certain provisions can also result in the disqualification of bargaining agents and the invalidity of workplace agreements containing prohibited content (Sections 8.5 and 8.13).
- Area of Law
- Employment & Labour Law
- Commercial Law
- Instrument
- Regulation
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Prohibited Conduct
- Licensing & Registration
- Reporting & Disclosure Obligations
- Enforcement Powers
- Civil Penalty Provisions
- Transitional Provisions