Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 212

Statutory Rules 2003 No. 212

Minute No. 10 of 2003 - Minister for Employment and Workplace Relations

Subject -       Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2003 (No. 2)

The Workplace Relations Legislation Amendment Act 2002 (WRLA Act), which inserts a new section 48A into the Workplace Relations Act 1996 (the Act) was passed by the Senate on 5 December 2002 and received Royal Assent on 11 December 2002. Section 48A commenced on 11 June 2003.

Section 359 of 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.

Section 48A requires the President of the Australian Industrial Relations Commission (the President) to provide to the Minister information and copies of documents of the kinds prescribed by the regulations by the time, and in the form, prescribed by the regulations. Subsection 48A(1) of the Act envisages that such information would be information about proceedings before the Australian Industrial Relations Commission (AIRC).

These Regulations prescribe the kinds of information and copies of documents that the President is required to provide to the Minister and the form and time frame such documents should be provided in.

The regulations also make minor technical corrections.

The proposed Workplace Relations Amendment Regulations 2003 (No. 2) (the WRA Regulations) make amendments to the Workplace Relations Regulations (WR Regulations) inserting a regulation 140 and a Schedule. 12, and making technical changes to subregulation 30ZA(5), paragraph 131A(2)(b), paragraph 132CA(1)(a) and Form 13 in Schedule l.

Regulations 1 and 2 of the WRA Regulations specifies the name and commencement date of the Regulations. The Regulations commence on gazettal.

Regulation 3 provides that the WR Regulations are amended by Schedules 1 and 2.

Schedule 1 contains 2 items amending the WR Regulations as described below.

Item 1 inserts a new regulation 140 in the WR Regulations, that provides that the documents and information mentioned in Schedule 12 is prescribed for the purposes of section 48A(1). It provides the form in which the prescribed information and copies of documents must be given to the Minister and also indicates that the President is not prevented from including other relevant information with information given to the Minister in electronic form. It provides that the President must ensure all electronic information and paper information for a week are sent at the same time during a week to the email or postal address notified to the President by the Secretary.

Item 2 inserts a new Schedule 12 in the WR Regulations, that specifies the information and copies of documents to be given to the Minister. Part 1 of Schedule 12 provides a table of documents and information (such as information about an application to certify agreements and variations of certified agreements) to be given to the Minister in electronic form and the time frame for each item to be given. Part 2 of Schedule 12 provides the same requirements for documents to be provided in paper form.

Details of the documents, information and time frame in the table are set out in Attachment A.

Schedule 2 contains 4 items amending the WR Regulations as described below.

Item 1 alters subregulation 30ZA(5) to read "with the employee" rather than "with employee." This is to correct a grammatical error.

Item 2 replaces the word 'seven' in paragraph 131 A(2)(b) with the numeral '7', so that there is consistency in references to numbers.

Item 3 changes 'a soon' in paragraph 132CA(1)(a) to read 'as soon.' This is to correct a typographical error.

Item 4 omits the now inaccurate reference to Division 11A of Part IX of the WR Act following amendment of that Act by the Workplace Relations Legislation Amendment (Registration and Accountability of Organisations)(Consequential Provisions) Act 2002.

The Regulations commence on gazettal.

ATTACHMENT A

Schedule 12 Information and copies of documents to be given to the Minister

Part 1 Copies of documents and information in electronic form

Item 101: If available electronically a copy of a certified agreement, extension of certified agreement, variation of certified agreement or an order terminating a certified agreement must be provided within 3 weeks after the certification, extension, variation or order.

Item 102: If a certified agreement has been declared 'confidential' or includes a provision that has been declared 'confidential,' the agreement is publicly available and a copy of the agreement is available in electronic form then it must be provided within 3 weeks after the certification.

Item 103: Specified information about an application to certify an agreement such as the case number and the number of employees who will be covered by the agreement, if publicly available, must be provided within 3 weeks after the application to certify the agreement is lodged in the Industrial Registry.

Item 104: Specified information about the certified agreement such as the agreement number and date of certification must be provided within 2 weeks after the certification.

Item 105: Information on proceedings under specified provisions of the Act must be provided. These provisions are section 45 (appeal to Full Bench), 127 (prevent industrial action), 166A (allow action in tort), 170LW (settle dispute over certified agreement), 170MW (suspend or terminate bargaining period), 170MX (proceeding following termination of bargaining period), subsection 285(A)(3) (revoke entry permit), section 2982 (remove preference clause) and section 18 of Schedule 1B to the Act (including a matter in which application was made under the former section 188 of the Act) (register organisation). The required information includes the case number, the matter type by reference to the section of the Act and the outcome of the matter if an outcome has been reached in that time.

Item 106: Specified information about a matter to which s170CE of the Act (termination of employment) applies must be provided within 1 month after the matter commences. The specific information is the same as for the type of matters under item 105 except that the details of the parties is not required.

Item 107: Where information about a matter has been given under item 105 or 106 and the matter is finalised in the subsequent month specified information, including details of any outcome and remedies, must be provided within 1 month after the matter is finalised.

Part 2 Copies of documents in paper form

Item 201: A paper copy of a certified agreement, extension of a certified agreement, variation of a certified agreement or an order terminating a certified agreement must be provided within 3 weeks after the certification, extension, variation or order.

Item 202: If a certified agreement has been declared 'confidential' or includes a provision that has been declared 'confidential,' and the agreement is publicly available then a paper copy of the agreement must be provided within 3 weeks after the certification.