EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 307

 

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

 

Workplace Relations Act 1996

 

Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2007 (No. 1)

 

 

Chapter 4 of Schedule 1 to the Workplace Relations Act 1996 (the Act) allows the Australian Industrial Relations Commission to make orders regarding the representation rights of organisations of employees registered under Schedule 1 to the Act. The application of that Chapter to organisations that, before becoming registered, were transitionally registered associations can be modified by regulations made under section 138A and subsection 359(1) of Schedule 1 to the Act.

 

These Regulations modify the effect of Chapter 4 of Schedule 1 to the Act as it applies to the Australian Nursing Federation, Industrial Union of Workers Perth (the Federation) and the Australian Nursing Federation (the ANF). The Regulations are designed to assist the Federation, if it obtains registration, to establish itself as an organisation within the federal system. The Regulations prevent the ANF from gaining orders from the Australian Industrial Relations Commission that would deprive the Federation of the opportunity to represent its membership base. The Regulations will cease to have effect three years after they commence.

 

Details of the Regulations are set out in the Attachment.

 

These Regulations are related to amendments to the Workplace Relations Regulations 2006 that allow the Federation to obtain registration under Schedule 1 to the Act.

 

The Federation has been consulted in the development of these Regulations.

 

The Regulations are made under section 138A and subsection 359(1) of Schedule 1 to the Act and commence on the day after the are registered on the Federal Register of Legislative Instruments.

 

 

 

ATTACHMENT

 

Details of the Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2007 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the regulations would be the Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2007 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on the day after they are lodged on the Federal Register of Legislative Instruments.

 

Regulation 3 – Amendment of Workplace Relations (Registration and Accountability of Organisations) Regulations 2003

 

This regulation provides that the Workplace Relations (Registration and Accountability of Organisations) Regulation 2003 are amended by Schedule 1.

 

Schedule 1 – Amendment

 

Item [1] – After regulation 114D

 

This item inserts a new provision in Part 4A of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 that modifies the effect of Chapter 4 of Schedule 1 to the Workplace Relations Act 1996 (the Act). Chapter 4 relates to representation orders able to be made by the Australian Industrial Relations Commission (the Commission) to settle demarcation disputes.

 

The new provision only applies in relation to the Australian Nursing Federation, Industrial Union of Workers Perth (the Federation) and the Australian Nursing Federation (the ANF). The Federation is currently part of the ANF, but wishes to obtain registration in its own right.

 

The new provision will assist the Federation in establishing itself as an organisation within the federal system by preventing the ANF from gaining orders from the Commission that would deprive it of its membership base. This membership protection is considered necessary given that historically both organisations have been closely linked and have represented substantially the same group of employees.

 

Paragraph 114E(2)(a) prevents the Commission from making orders in favour of the ANF that would apply to employees whom the Federation was entitled to represent immediately before it withdrew from the ANF. In effect, it allows the Federation to continue representing the employees it was entitled to represent immediately before obtaining registration in its own right. This new provision does not, however, prevent the Commission from making orders in favour of organisations other than the ANF.

 

Paragraph 114E(2)(b) prevents existing or future representation orders made by the Commission in favour of the ANF from applying to the Federation. This allows the Federation to represent employees in circumstances where the ANF had otherwise obtained orders under section 133 of Schedule 1 giving it the exclusive right to represent the industrial interests of certain employees. This provision is designed to allow the Federation to compete against the ANF.

 

Subregulation 114E(3) clarifies that these new provisions do not affect the ability of the Federation to apply for representation orders under section 133 of Schedule 1 to the Act and that the Commission is not prevented from making orders under that section applicable to the Federation. However, subregulation 114E(3) does prevent the Federation applying for an order, and the Commission from making an order, if that order would apply to the ANF.

 

Subregulation 114E(4) provides that the operative parts of the new provision (subregulations 114E(2) and (3)) cease to have application three years after commencement. The Government considers that these special provisions are only required for an initial period.