Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (NO. 9) 1999 NO. 337

Statutory Rules 1999 No. 337

Issued by the Authority of the Minister for Employment, Workplace Relations and Small Business

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1999 (No. 9)

Authority

Section 359 of the Workplace Relations Act 1996 (the Act) provides that the GovernorGeneral 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 1996 (the Regulations) provides that a fee of $50 is payable for lodgment of an application under section 170CE 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(3) currently provides that applicants can apply for a refund of the filing fee in certain circumstances while subregulation 30BD(1) is in force.

Subregulation 30BD(4) currently provides that subregulations 30BD(1) and (2) cease to have effect on 31 December 1999.

Purpose

The purpose of the Regulations is to establish a new sunset clause, expressed to operate until 31 December 2000.

Context

In its current form, subregulation 30BD(1) (introduced by Statutory Rules 1996 No. 307) sets a lodgment fee of $50, which was introduced by the Government in order to discourage prospective applicants from lodging, frivolous or vexatious applications in respect of termination of employment.

Retention of the filing fee is part of the Government's strategy to discourage termination of employment applications without merit.

The Regulations extend the sunset period for the operation of subregulation 30BD(1) to 31 December 2000.

Application

Details of the Regulations are attached.

Details

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (No. 9)

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides for the commencement of regulations on gazettal.

Regulation 3

Regulation 3 is a formal provision, stating that the Workplace Relations Regulations 1996 are amended as provided for in Schedule 1.

Schedule 1 - Amendment

Item 1

Item 1 amends subregulation 30BD(3) to refer to subregulation 30BD(1) 'as in force before 31 December 2000'. This amendment is consequential upon the amendment to subregulation 30BD(4), and also corrects a minor drafting inconsistency identified by the Office of Legislative Drafting.

Item 2

Item 2 amends subregulation 30BD(4) to provide for a new sunset clause date so that subregulations 30BD(1) and (2) cease to have effect on 31 December 2000.