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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 81

Statutory Rules 2003 No. 81

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

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2003 (No. 1)

Section 359 of the Workplace Relations Act 1996 (the WR Act) provides that the Governor-General may make regulations, not inconsistent with the WR Act, prescribing matters required or permitted by the WR Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the WR Act.

The Workplace Relations Amendment Regulations 2003 (No. 1) (the WRA Regulations) make amendments to the Workplace Relations Regulations (WR Regulations) consequent upon the making of the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003 (WR(RAO) Regulations).

Regulations 1 and 2 of the WRA Regulations specify the name and commencement date of the Regulations. The Regulations commence on 12 May 2003, to coincide with the commencement date of Schedule 1B to the Workplace Relations Act 1996 (the RAO Schedule).

Regulation 3 provides that the WR Regulations are amended by Schedule 1. Schedule 1 contains 14 items amending the WR Regulations as described below.

Item 1 amends the definition of `the Act' so that a reference to `the Act' will be a reference to the WR Act, not including the RAO Schedule or regulations made under the RAO Schedule. (The WR(RAO) Regulations make separate provision for matters arising under the RAO Schedule.)

Items 3, 4, 5, 7, 8, 9 and 14 repeal the provisions of the WR Regulations that deal with the same subject matters covered by the WR(RAO) Regulations.

Items 2 and 11 make other amendments to the WR Regulations consequent upon the repeal of provisions of the WR Regulations by these Regulations and the repeal of provisions of the WR Act by the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002.

Item 6 inserts a new regulation into the WR Regulations. Section 285C(1) of the WR Act allows officers and employees of a registered organisation to enter certain premises for the purpose of holding discussions with employees, subject to compliance with certain statutory requirements, for example a valid entry permit.  Section 285C(3) allows a Registrar to exempt an employer from the operation of s. 285C(1) of the WR Act, if satisfied of certain matters related to the employer being a practising member of a certain type of religious society or order.  The new regulation requires an employer applying for such an exemption to provide the Registrar with a declaration about the matters of which the Registrar must be satisfied.

Item 10 amends regulation 125 of the WR Regulations, which relates to methods of lodgement of documents in the Industrial Registry, so that it is consistent with the corresponding provision in the WR(RAO) Regulations.

Item 12 omits regulation 128 which currently makes it an offence for a person to make a false statement in a document lodged in the Industrial Registry under the WR Regulations. Regulation 128 is no longer necessary as sections 136.1, 137.1 and 137.2 of the Criminal Code make it an offence for a person to provide false or misleading information or documents in certain relevant circumstances.

Item 13 inserts new regulations 138 and 139. These new regulations replace current regulations 118 and 119, with appropriate amendments consequent upon the repeal of provisions of the WR Regulations by these Regulations and the repeal of provisions of the WR Act by the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002. The maximum penalty for unauthorised action in the conduct of a ballot is increased from two penalty units to ten penalty units.