Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1991 No. 73

Industrial Relations Regulations (Amendment)

(Issued by the Authority of the Minister for Industrial Relations)

Section 359 of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act provides for a process of amalgamation for registered union organisations. Schedule 1 to the Industrial Relations Regulations sets out Forms to be used in the ballots which take place to determine whether members agree to proposed amalgamations. The amendments to the Regulations change some of those Forms to reflect changes which were made to the Act by the Industrial Relations Legislation Amendment Act 1990 (the Amendment Act).

Under subsection 253J(5) of the Act it is no longer necessary to send voters a copy of the scheme of amalgamation with the ballot paper. It is sufficient to send voters an outline of the scheme of amalgamation. Forms 7, 8, 9 and 10 have been amended to refer to the outline of the scheme of amalgamation instead of the scheme itself.

A further amendment to Forms 9 and 10 omits a note regarding alternative amalgamations. The provision which required this note to be included on the ballot paper, former subsection 246(2), was deleted from the Act by the Amendment Act.

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