EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 81

 

Issued by the authority of the Minister for Employment and Workplace Relations

 

Fair Work Act 2009

 

Fair Work (Oath and Affirmation) Regulations 2009

 

The Fair Work Act 2009 (the Act) will replace the Workplace Relations Act 1996, and will govern federal workplace relations.

 

The Act establishes Fair Work Australia (FWA), which replaces the Australian Industrial Relations Commission (AIRC), the Australian Industrial Registry, the Workplace Authority, the Australian Fair Pay Commission (AFPC) and the AFPC Secretariat. The Act also establishes the Office of the Fair Work Ombudsman, which replaces the Workplace Ombudsman.

 

FWA will consist of the President, Deputy Presidents, Commissioners and between 3-6 part-time Minimum Wage Panel Members. These are collectively known as FWA Members.

 

Section 634 of the Act provides that before beginning to discharge the duties of his or her office, an FWA Member must take an oath or affirmation in accordance with the Regulations.

 

The Regulations prescribe the form of the oath or affirmation to be taken by the President, and the persons before whom the oath or affirmation must be taken.

 

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

 

The Regulations commenced on 26 May 2009 to coincide with the commencement of the provisions that establish the institutional arrangements for the new federal workplace relations system and appoint the current President of the Australian Industrial Relations Commission as the inaugural President of Fair Work Australia.