Workplace Relations Regulations (Amendment) 1997 No. 56
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 56
(Issued by the authority of the Minister for Industrial Relations)
Workplace Relations Act 1996
Workplace Relations Regulations (Amendment)
Subsection 359(1) of the Workplace Relations Act 1996 (the WR Act) provides that the Governor-General may make regulations prescribing, inter alia, matters required or permitted by the WR Act, or necessary or convenient to give effect to the WR Act.
These regulations:
* update references to State industrial authorities, taking into account name changes to the Queensland and South Australian bodies, the reconstitution of the Industrial Relations Commission of New South Wales, and the abolition of the Industrial Relations Commission of Victoria, and its successor body, the Employee Relations Commission of Victoria;
* renumber the sub-items to Schedule 6 of the Workplace Relations Regulations, reflecting changes to the item numbering effected by Statutory Rules 1997 No. 48; and
* make technical amendments to the commencement provision of Statutory Rules 1997 No. 48, thus ensuring that those regulations do not insert a new regulation 30ZN and new Schedule 11 into the Workplace Relations Regulations prior to the commencement of Schedule 2 to the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 (which enacted the section upon which regulation 30ZN and Schedule 11 depend for validity).
Sub-regulation 1.1 provides for commencement of Part 3 of these regulations.
Part 3 of the regulations (which amends the commencement provision of Statutory Rules 1997 No. 48) is taken to commence on 5 March 1997 (ie the date on which Statutory Rule 1997 No, 48 were originally made). This ensures that certain previously made regulations do not commence prior to the section of the Workplace Relations Act 1996 (the WR Act) enabling their making.
As originally made, regulations 9 and 17 of Statutory Rules 1997 No. 48 operated so as to insert, inter alia, new regulation 30ZN and new Schedule 11 into the Workplace Relations Regulations on 12 March 1997. New regulation 30ZN and new Schedule 11 set out the modifications to the AWA provisions of the WR Act which a complementary State law is required to make prior to applying those provisions as a State law. New regulation 30ZN and new Schedule 11 depend for validity, however, on section 170WKA of the Workplace Relations Act 1996, which only took effect on 13 March 1997 (the commencement date for Schedule 2 to the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996).
The retrospective operation of Part 3 of these regulations means that new regulation 30ZN and new Schedule 11 only took effect 19 March 1997. Those provisions will not have any actual operation, however, until such time as a State elects to make complementary legislation (which is expected in late March 1997).
Retrospective amendment of the commencement provision to Statutory Rules 1997 No. 48 did not effect the rights of any person, whether adversely or otherwise.
The remainder of these regulation commence on gazettal.
Overview
The Workplace Relations Regulations (Amendment) 1997 No. 56, enacted under the authority of the Minister for Industrial Relations, amends the Workplace Relations Regulations to address discrepancies in the referencing of industrial authorities and to ensure technical accuracy in relation to existing regulations. The amendments update references to reflect the changing names and structures of industrial relations bodies in various states and territories, such as the Queensland and South Australian bodies, the reconstitution of the Industrial Relations Commission of New South Wales, and the abolition of the Industrial Relations Commission of Victoria with the establishment of the Employee Relations Commission of Victoria. Additionally, these amendments renumber sub-items in Schedule 6 of the Workplace Relations Regulations to align with recent changes, and they adjust the commencement provision of Statutory Rules 1997 No. 48 to prevent premature effectuation of certain regulations until the relevant provisions of the Workplace Relations Act 1996 come into force. This careful alignment ensures that the regulations operate correctly and do not conflict with the legislative framework they are meant to support.
Scope and Application
The Workplace Relations Regulations (Amendment) 1997 No. 56 apply to the Workplace Relations Act 1996, updating references to State industrial authorities to reflect recent changes in names and reconstitutions of bodies across various states and territories. These regulations ensure that references to the Queensland and South Australian industrial bodies, the Industrial Relations Commission of New South Wales, and the Employee Relations Commission of Victoria are accurately represented. Additionally, the regulations renumber the sub-items in Schedule 6 to align with changes made by Statutory Rules 1997 No. 48, and they correct the commencement provisions of those rules to avoid premature application of certain regulations dependent on later-enacted sections of the Act. Part 3 of the regulations specifically amends the commencement dates to ensure that certain regulations do not take effect before the relevant sections of the Workplace Relations Act come into force, thus preserving the intended legislative sequence and avoiding any legal inconsistencies.
Key Provisions
The Workplace Relations Regulations (Amendment) 1997 No. 56 (the Amendment Regulations) serve to update and correct various aspects of the existing Workplace Relations Regulations. Primarily, Section 1.1 provides for the commencement of Part 3 of the Amendment Regulations, which is essential in adjusting the commencement dates of previously enacted regulations to ensure they align with the legislative framework. This part of the Amendment Regulations ensures that certain regulations, specifically those introduced by Statutory Rules 1997 No. 48, do not take effect before the relevant provisions in the Workplace Relations Act 1996 (the WR Act) come into force.
The Amendment Regulations also update references to State industrial authorities, reflecting recent changes in the names and structures of these bodies, as mentioned in the explanatory statement. This includes changes to the Queensland and South Australian bodies, the reconstitution of the Industrial Relations Commission of New South Wales, and the abolition of the Industrial Relations Commission of Victoria, with its successor, the Employee Relations Commission of Victoria. These updates are crucial for maintaining clarity and accuracy in the regulations and ensuring they correctly identify the relevant authorities under the new structures.
Moreover, the Amendment Regulations renumber the sub-items in Schedule 6 of the Workplace Relations Regulations, aligning them with the changes made by Statutory Rules 1997 No. 48. This technical amendment ensures consistency and coherence within the regulatory framework. Additionally, the Amendment Regulations make technical adjustments to the commencement provision of Statutory Rules 1997 No. 48, preventing the premature insertion of new regulation 30ZN and new Schedule 11 into the Workplace Relations Regulations. This is vital to ensure these provisions do not take effect until the necessary enabling section of the WR Act is enacted.
The Amendment Regulations impose obligations on various parties, including State and Territory governments, employers, and employees, to ensure compliance with the updated references and renumbered items. Specifically, these parties must refer to the correct industrial authorities and follow the new regulatory structure as outlined in the amended regulations. Failure to comply with these updated references could lead to confusion and potential legal disputes regarding the application of the regulations.
There are no direct offences or penalties specified within the Amendment Regulations themselves. However, the failure to comply with the updated regulations and references could result in legal challenges and disputes. For instance, if a State government fails to make the necessary complementary legislation as required by new regulation 30ZN and new Schedule 11, it could face legal action for non-compliance with the WR Act. Additionally, employers and employees who do not adhere to the updated references and renumbered items could face legal consequences under the broader provisions of the WR Act and related legislation. While the Amendment Regulations do not impose specific penalties, their importance lies in ensuring the smooth and lawful operation of the workplace relations framework.