Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (NO. 3) 1999 NO. 67

Statutory Rules 1999 No. 67

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

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1999 (No. 3)

Authority

Subsection 3 59(1) of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.

Subsection 187AQ2) allows regulations to be made to prescribe persons who may make an application for orders in respect of a contravention of Part VIIIA of the Act (which contains prohibitions concerning payment during periods of industrial action).

Purpose

The purpose of the Workplace Relations Amendment Regulations is to amend the Principal Regulations to allow inspectors appointed under Part V of the Act to apply for orders in respect of contraventions of Part VIIIA.

Context

Part VIRA of the Act prohibits employers making payments to employees in relation to periods where those employees were engaged, or are engaging, in industrial action. It also prohibits claims for, or taking industrial action in pursuit of, such payments. (These provisions are commonly known as the 'strike pay' provisions.)

Paragraphs 1.87AC(2)(a) and (b) allow applications to be made by the Minister and a person who has an interest in the matter respectively. Paragraph 1.87AQ2)(c) allows additional applicants to be prescribed by regulation.

More Jobs, Better Pay, the Coalition's workplace relations election policy, contains a commitment to 'maintain and tighten the ban on strike pay ... to further deter such action'.

The Regulations are intended to enhance the enforcement of Part VIIIA of the Act by enabling a wider range of persons to apply for orders in respect of an alleged breach of the Part.

Application

Item 1 of Schedule 1 creates new regulation 32B (in a new Part 6B), which allows inspectors appointed under Part V of the Act to apply for orders in respect of a contravention of the strike pay provisions in Part VIIIA of the Act.

Details of the Regulations are in the attachment.

Regulations 1, 2 and 3 will commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (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 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 1996

Item 1

Item 1 of Schedule 1 creates new regulation 32B (in a new Part 6B), which allows inspectors appointed under Part V of the Act to apply for orders in respect of a contravention of the strike pay provisions in Part VMA of the Act.