Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1998 (NO. 3) 1998 NO. 353

Statutory Rules 1998 No. 353

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

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1998 (No. 3)

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 certain subjects, including the fees to be charged in relation to proceedings under the Act.

Subregulation 30BD(1) of the Workplace Relations Regulations (the Regulations) currently provides that a fee of 550 is payable for lodgment of an application under section 107CE of the Act 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(3) provides that the lodgment fee paid by an applicant under subregulation (1) is to be refunded to the applicant if he or she discontinues the application at least two days before the day on which the proceedings are first listed for attention by the Australian Industrial Relations Commission. Subregulation 30BD(3) refers to subregulation 30BD(1) '...as in force before 30 June 1998'.

Subregulation 30BD(4) currently provides that subregulations 30BD(1) and (2) cease to have effect on 31 December 1998.

Purpose

The purpose of the Workplace Relations Amendment Regulations is to amend regulation 30DB to increase the lodgment fee for $50 to $100, remove the sunset provision on the operation of the lodgment fee, and make a technical amendment to subregulation 30BD(3).

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1998 (No. 3)

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides for the commencement of regulations 1, 2 and 3 and Schedule 1 on gazettal. Regulation 2 also provides that Schedule 2 commences on 1 January 1999.

Regulation 3

Regulation 3 is a formal provision, providing that the Workplace Relations Regulations are amended as set out by these Regulations.

Schedule 1 - Amendments of Workplace Relations Regulations commencing on gazettal

Item 1

Item 1 amends existing subregulation 30BD(3) to remove the reference to 'as in force before 30 June

1998'. This amendment is consequential upon the proposed removal of subregulation 30BD(4).

Item 2

Item 2 omits existing subregulation 30BD(4). This has the effect that subregulations 30BD(1) and 30BD(2) continue in effect after 31 December 1998.

Schedule 2 - Amendments of Workplace Relations Regulations commencing on 1 January 1998

Item 1

Item 1 amends existing subregulation 30BD(1) to increase the amount of the fee payable for lodgment of an application under the Workplace Relations Act 1996 in respect of a termination of employment from $50 to $100.

Context

More Jobs, Better Pay, the Coalition's workplace relations election policy, contains a commitment to retain a filing fee for lodgment of unfair dismissal claims, and the increase the level of the filing fee from $50 to $100.

Application

Item 1 of Schedule 1 makes a consequential amendment to subregulation 30BD(3). Proposed regulation 2 of Schedule 1 omits subregulation 30BD(4).

Item 1 of Schedule 2 amends subregulation 30BD(1) to increase the amount of filing fee payable from $50 to $100.

Details

Regulations 1, 2 and 3 and Schedule 1 commence on gazettal. Schedule 2 commences on 1 January 1999.