Workplace Relations Regulations (Amendment) 1998 No. 187
EXPLANATORY STATEMENT
Statutory Rules 1998 No. 187
(Issued by the authority of the Minister for Workplace Relations and Small Business)
Workplace Relations Act 1996
Workplace Relations Regulations (Amendment)
Authority
Section 359 of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing matters 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.
Subsection 359(2) of the Act gives the Governor-General power to make regulations in relation to subjects including the fees to be charged in relation to proceedings under the Act.
Subregulation 30BD(1) of the Workplace Relations Regulations (the Regulations) provides that a fee of $50 is payable for lodgment of an application in respect of a termination of employment. (Such an application. may be made on the ground that the termination was harsh, unjust or unreasonable, on the ground of an alleged contravention of a provision of Subdivision C of Division 3 of Part VIA of the Act, or on any combination of such grounds.) Subregulation 30BD(2) gives a Registrar the power to waive payment of the filing fee on the ground of serious hardship.
Subregulation 30BD(4) formerly provided that subregulations 30BD(1) and (2) would cease to have effect on 30 June 1998.
Purpose
The purpose of the Workplace Relations Regulations (Amendment) is to amend subregulation 30BD(4) so that it is expressed that subregulations 30BD(1) and (2) cease to have effect on a later date, namely 31 December 1998.
Context
The Department of Workplace Relations and Small Business is currently conducting a review of the first 12 months operation of the new unfair dismissal provisions of the Act. Subregulation 30BD(4) provided a sunset date of 30 June 1998 because it was anticipated that the review would have been finished in sufficient time to determine in advance of that date whether it was appropriate to continue the filing fee. As the review will not have been completed by 30 June 1998, the period of the operation of the filing fee is being extended to 31 December 1998. It is anticipated that the review will have been completed by that date, enabling determination of whether the continuation of the filing fee is appropriate.
Application
Regulation 3.1 amends subregulation 30BD(4) to provide that subregulations 30BD(1) and 30BD(2) cease to have operation on 31 December 1998.
Detail The Regulations commence on gazettal.
Overview
The Workplace Relations Regulations (Amendment) 1998 No. 187, issued under the authority of the Minister for Workplace Relations and Small Business, was enacted to amend the Workplace Relations Regulations, providing flexibility in response to the ongoing review of the unfair dismissal provisions of the Workplace Relations Act 1996. The original subregulation 30BD(4) of the Workplace Relations Regulations stipulated that the filing fee for termination of employment applications would cease on 30 June 1998, but this was revised to 31 December 1998 to allow sufficient time for the review to conclude and determine the future appropriateness of the fee. The overarching policy objective of this amendment was to ensure that the review of the new unfair dismissal provisions could be thoroughly conducted without the pressure of an imminent deadline, thereby facilitating a more informed decision-making process.
Scope and Application
The Workplace Relations Regulations (Amendment) 1998 No. 187 applies to entities and individuals who must comply with the fees for lodging applications concerning termination of employment under the Workplace Relations Act 1996. This applies across the Commonwealth of Australia and involves the fees associated with proceedings under the Act, specifically the lodgment of an application in respect of a termination of employment. The regulations affect the operation of the filing fee, which is currently set at $50 and may be waived under certain conditions of serious hardship. The purpose of this amendment is to extend the effective date of the cessation of these particular subregulations from 30 June 1998 to 31 December 1998, allowing for a review of the unfair dismissal provisions to be completed before deciding on the appropriateness of continuing the filing fee. The extension is necessary because the review of these provisions will not be finished by the original sunset date. The amendment is made under the authority of Section 359 of the Act and is implemented through statutory rules issued by the Minister for Workplace Relations and Small Business.
Key Provisions
The Workplace Relations Regulations (Amendment) 1998 No. 187 amends the existing Workplace Relations Regulations, specifically targeting the filing fee for applications regarding termination of employment under the Workplace Relations Act 1996. Regulation 3.1 modifies subregulation 30BD(4) to extend the operation of subregulations 30BD(1) and (2) until 31 December 1998. Originally, these subregulations were set to cease on 30 June 1998, but the delay in completing a review of the Act's unfair dismissal provisions necessitated this change. Subregulation 30BD(1) mandates a $50 fee for lodging an application related to termination of employment, while subregulation 30BD(2) allows a Registrar to waive this fee if the applicant demonstrates serious hardship.
Entities governed by these regulations, particularly those involved in employment law proceedings, must comply with the amended fee structure and the extended timeframe. Employers and employees who file applications for termination of employment must be aware of the continued applicability of the $50 fee until 31 December 1998, unless a fee waiver is granted. The Registrar retains the discretion to waive the fee based on the applicant's ability to pay, as stipulated in subregulation 30BD(2). This procedural requirement ensures that individuals who genuinely face financial difficulties are not unfairly disadvantaged in seeking redress for employment terminations.
Failure to comply with the fee requirements can lead to administrative consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, under the general provisions of the Workplace Relations Act 1996, penalties for non-compliance with regulatory requirements can include fines. The specific amount of these fines is not outlined in the amendment but would be determined in accordance with the broader legal framework governing workplace relations. The amendments are designed to ensure a smooth operational transition during the review period, allowing the Department of Workplace Relations and Small Business to gather sufficient data before making informed decisions about the future of the filing fee.