EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 163

 

Issued by the authority of the Minister for Employment Participation

 

Building and Construction Industry Improvement Act 2005

 

Building and Construction Industry Improvement Amendment Regulations 2009 (No. 1)

 

The Fair Work Act 2009 (the FW Act) will replace the Workplace Relations Act 1996 (the WR Act), and will govern federal workplace relations. The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the FW (T&C) Act) governs the transition from the WR Act system to the FW Act system.

 

The Regulations amend subregulation 8.1(1) of the Building and Construction Industry Improvement Regulations 2005 to ensure that the Australian Building and Construction Commissioner, which has powers to enforce workplace laws in the building and construction industry, is notified of court applications made with respect to building matters under the FW Act and FW(T&C) Act.

 

Details of the Regulations are included in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 1 July 2009 to coincide with the commencement of the relevant provisions of the FW Act and the FW(T&C) Act.

 

BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT AMENDMENT REGULATIONS 2009 (No. 1)

Regulation 1 – Name of Regulations

1.                  This regulation provides that the Regulations are to be known as the Building and Construction Industry Improvement Amendment Regulations 2009 (No. 1 ) (the Regulations).

Regulation 2 – Commencement

2.                  This regulation provides that the Regulations are to commence on 1 July 2009.

Regulation 3 – Amendment of Building and Construction Industry Improvement Regulations 2005.

3.                  This regulation provides that the Building and Construction Industry Improvement Regulations 2005 (the Principal Regulations) are to be amended in accordance with Schedule 1.

Schedule 1 – Amendments

Item [1] – Regulation 1.3, at the foot

4.                  This item inserts a note explaining that several words and expressions used in the Principal Regulations (for example, ‘the FW Act’) have the meaning given by subsection 4(1) of the Building and Construction Industry Improvement Act 2005.

5.                  The note reflects paragraph 13(1)(b) of the Legislative Instruments Act 2003 which provides that an expression used in a regulation has the same meaning as in the Act enabling that regulation.

Item [2] – Subregulation 8.1 (1)

6.                  This item amends subregulation 8.1(1) of the Principal Regulations to ensure that the Australian Building and Construction Commissioner is notified of court applications made under the Fair Work Act 2009 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 where those applications relate to building work or involve building industry participants.