Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS REGULATIONS (AMENDMENT) 1996 NO. 329

EXPLANATORY STATEMENT

Statutory Rules 1996 No. 329

(Issued by the Authority of the Minister for Industrial Relations)

Workplace Relations Regulations (Amendment)

Subsection 359(1) of the Workplace Relations Act 1996 (the WR Act) provides that the GovernorGeneral may make regulations prescribing, inter alia, matters required or permitted by the WR Act, or necessary or convenient to give effect to the WR Act.

Subsection 4(1) of the Acts Interpretation Act 1901 provides that. where an Act has been enacted but has not come into force, and that Act confers power to make a regulation, such a regulation may be made in anticipation of the commencement of that Act as If the Act had come into force. The Workplace Relations and Other Legislation Amendment Act 1996 (the WROLA Act) received the Royal Assent on 25 November 1996. These regulations are proposed to be made in anticipation of the commencement of various schedules of that Act. The WROLA Act evinces no intention contrary to section 4 of the Acts Interpretation Act 1901.

These regulations have the following purposes:

*       to omit former regulation 26A consequent upon the repeal of section 150A of the WR Act, which is effected by item 40 of Schedule 5 to the WROLA Act;

*       to make various amendments consequent upon the change to the definition of the term "award", which is effected by item 1 of Schedule 11 to the WROLA Act;

*       to prescribe the conditions of employment specified in Commonwealth laws which may be displaced by an inconsistent certified agreement;

*       to prescribe the modifications required to be made to the certified agreement provisions of the WR Act by a complementary State law if those provisions are to apply as a law of the relevant State;

*       to prescribe the purposes for which the continuity of an employee's employment is maintained despite the occurrence of a protected lockout;

*       to modify certain record-keeping provisions of the regulations to ensure that the provisions apply appropriately in relation to employees employed under an Australian Workplace Agreement (AWA), including allowing the Employment Advocate to issue certificates exempting an employer from compliance with certain record keeping obligations in circumstances where the employer keeps similar records under an AWA,

*       to prescribe a mechanism for parties to be beard by the Australian Industrial Relations Commission in relation to alleged breaches of undertakings under section 193 of the WR Act;

*       to prescribe circumstances in which the Registrar can investigate the financial and accounting records of registered organisations under section 280A of the WR Act;

*       to prescribe the form and manner in which an organisation may apply for a permit under subsection 285A(1) of the WR Act, as well as to prescribe a process for making applications under subsection 285A(3) for the revocation of such permits; and

*       to omit former regulation 32 consequent upon the repeal of section 177 of the WR Act, which is effected by item 15 of Schedule 20 to the WROLA Act.

Details of the proposed regulations are attached.

Regulation 1.1 provides for commencement of these regulations.

Part 1 of the regulations (which sets out the commencement dates for the other parts) commences on 31 December 1996.

Part 2 (which omits former regulation 26A) commences on the same day as Schedule 5 to the WROLA Act. Schedule 5 commences on 1 January 1996: subsection 2(4) of the WROLA Act.

Part 3 (which amends certain regulations contained in Part 5A of the former regulations) commences on the same day as Schedule 6 to the WROLA Act (31 December 1996).

Part 4 (which inserts a new Part 5B relating to certified agreements) commences on the same day as Schedule 8 to the WROLA Act (31 December 1996).

Part 5 (which amends regulations 9 and 32A, and Parts 9A and 9B, of the former regulations) commences on the same day as Schedule 11 to the WROLA Act (31 December 1996).

Part 6 (which inserts new regulations to be made under Part IX of the WR Act) commences on the same day as Schedule 14 to the WROLA Act (31 December 1996).

Part 7 (which omits former regulation 32) commences on the same day as Schedule 20 to the WROLA Act (31 December 1996).

ATTACHMENT

DETAILS OF PROPOSED WORKPLACE RELATIONS REGULATIONS (AMENDMENT)

PART 1 - PRELIMINARY

Regulation 1.1 provides for commencement of these regulations.

Part 1 of the regulations (which sets out the commencement dates for the other parts) commences on 31 December 1996.

Part 2 (which omits former regulation 26A) commences on the same day as Schedule 5 to the WROLA Act. Schedule 5 commences on 1 January 1996: subsection 2(4) of the WROLA Act.

Part 3 (which amends certain regulations contained in Part SA of the former regulations) commences on the same day as Schedule 6 to the WROLA Act (31 December 1996).

Part 4 (which inserts a new Part 5B relating to certified agreements) commences on the same day as Schedule 8 to the WROLA Act (31 December 1996).

Part 5 (which amends regulations 9 and 32A, and Parts 9A and 9B, of the former regulations) commences on the same day as Schedule 11 to the WROLA Act (31 December 1996).

Part 6 (which inserts new regulations to be made under Part IX of the WR Act) commences on the same day as Schedule 14 to the WROLA Act (31 December 1996).

Part 7 (which omits former regulation 32) commences on the same day as Schedule 20 to the WROLA Act (31 December 1996).

Regulation 2.1 is a formal provision, providing that the regulations amend the Workplace Relations Regulations (the former regulations).

Regulation 3.1 omits former regulation 26A. The omission of regulation 26A is consequential upon the repeal of section 150A of the WR Act, which is effected by item 40 of Schedule 5 to the WROLA Act.

PART 3 - AMENDMENTS COMMENCING ON THE SAME DAY AS SCHEDULE 6 TO THE WROLA ACT

Regulation 4.1 amends the definition of "authorised leave" contained in former regulation 30A. The amendment reflects the fact that Australian workplace agreements (AWAs) need not be certified by a court or tribunal (and that certain State employment agreements are not certified by courts or tribunals).

The amended definition makes it clear that, for the purposes of Division 1 of Part SA of the regulations, "authorised leave" includes leave authorised under a certified agreement, an AWA, a State employment agreement or an old IR agreement.

Regulation 5.1 amends subregulation 30F(2) of the former regulations. The amendment reflects the fact that the definition of the term "award" in subsection 4(1) of the WR Act is amended by item 1 of Schedule 11 to the WROLA Act.

Regulation 6.1 amends paragraph (b) of the definition of "continuous service" contained in regulation 30G of the former regulations. The amendment reflects the fact that AWAs need not be certified by a court or tribunal (and that certain State employment agreements are not certified by courts or tribunals).

The amended definition makes it clear that, for the purposes of Division 2 of Part SA of the regulations, continuous service is not broken by an absence authorised under a certified agreement, an AWA, a State employment agreement or an old IR agreement.

Regulations 6.2 and 6.3 amend paragraph (a) of, respectively, the definitions of "1ong adoption leave" and "short adoption leave" contained in regulation 30G of the former regulations. These amendments reflect the fact that the WR Act definition of the term "award" is itself amended by item 1 of Schedule 11 to the WROLA Act.

Regulation 7.1 omits former Part 5B and substitutes a new Part 5B into the regulations. The new part deals with certified agreements. The part contains three new regulations: 30ZE, 30ZF and 30W.

Subsection 170LZ(4) of the WR Act allows a certified agreement to displace, to the extent of any inconsistency, prescribed conditions of employment contained in prescribed Commonwealth laws.

New regulation 30ZE sets out the conditions of employment which may be displaced by a certified agreement. These are as follows:

*       each condition of employment in every determination made under section 82D of the Public Service Act 1922 (the PS Act); and

*        each condition of employment of each specified provision of each listed law set out in new Schedule 5 to the regulations, unless the Schedule specifies only one or more of the conditions in any specified provision.

In turn, new Schedule 5 to the regulations prescribes the following conditions of employment as capable of being displaced:

*       subsection 28(5) of the Public Service Act 1922 (the PS Act);

*       subsection 29A(3) of the PS Act (it is intended that this provision should only be displaced to the extent necessary to allow certified agreements to broadband classifications for the purpose of allowing officers to progress through approved classifications within the broadband whilst still holding the same office);

*       section 47B of the PS Act (it is intended that this provision should only be displaced to the extent necessary to allow re-appointment where an employee commences proceedings under Part VIA, Division 3 of the WR Act and, in settlement of the claim, the parties agree that the officer or employee be reinstated (or the Court or Commission makes an order or award requiring reinstatement));

*       subsection 62(10) of the PS Act, in relation to a direction to dismiss an officer from the Service under paragraph 62(6)(b) of the PS Act;

*       subsection 63(5) of the PS Act, in relation to a direction to dismiss an officer from the Service under paragraph 63(1)(d) of the PS Act;

*       section 63D of the PS Act, in relation to a direction to dismiss an officer from the Service, under paragraph 62(6)(b) or 63(1)(d) of the PS Act;

*       section 63G of the PS Act, in relation to a direction to dismiss an officer from the Service, under paragraph 62(6)(b), paragraph 63(1)(d), paragraph 63K(3A)(d) or- subsection 63L(3A)(d) of the PS Act;

*       section 63N of the PS Act;

*       section 63P of the PS Act, in relation to a direction to dismiss an officer from the Service, under paragraph 63K(3A)(d), 63L(3A)(d) or 63M(1)(d) of the PS Act;

*       subsection 76L(5) of the PS Act, in relation to a notice that an officer is to be retired under paragraph 76L(3)(c) of the PS Act;

*       subsection 76L(5A) of the PS Act, in relation to a notice that an officer is to be retired under paragraph 76L(3)(c) of the PS Act;

*       subsection 76L(7) of the PS Act, in relation to a notice that an officer is to be retired under paragraph 76L(3)(c) of the of the PS Act;

*        subsection 76M of the PS Act, in relation to a notice that an officer (other than an officer who has consented to be given such notice) is to be retired under paragraph 76L(3)(c) of the PS Act;

*       subsection 76W(4) of the PS Act, in relation to a notice that an officer is to be retired under subsection 76W(1) of the PS Act,

*       subsection 76W(5) of the PS Act, in relation to a notice that an officer is to be retired under subsection 76W(1) of the PS Act;

*       section 76Z of the PS Act, in relation to a notice that an officer is to be retired under subsection 76W(1) of the of the PS Act, unless, prior to receiving the notice, the officer consented to the granting of the notice;

*       sub-regulation 54(2) of the Public Service Regulations (the PS Regulations),

*       regulation 120 of the PS Regulations, in relation to a notice that an officer is to be retired under paragraph 76(3)(c) of the PS Act;

*       regulation 120C of the PS Regulations, in relation to a notice that an officer is to be retired under subsection 76W(1) of the PS Act;

*       regulation 120D of the PS Regulations, in relation to a notice that an officer is to be retired under subsection 76W(1) of the PS Act;

*       regulation 141 of the PS Regulations, in relation to a direction to dismiss an officer from the Service, under paragraph 62(6)(b), paragraph 63(1)(d), subsection 63K(3), subsection 76L(3) or subsection 63M(1) of the PS Act;

*       regulation 166 of the PS Regulations, in relation to a direction to dismiss an employee from employment, under paragraph 62(6)(b), paragraph 63(1)(d), subsection 63K(3), subsection 63L(3) or subsection 63M(1) of the PS Act; and

*       regulation 167 of the PS Regulations, in relation to a direction to dismiss an employee from employment, under paragraph 62(6)(b), paragraph 63(1)(d), subsection 63K(3), subsection 63(3) or subsection 63M(1) of the PS Act.

Subsection 170NI(1) of the WR Act allows complementary State laws to confer functions and powers on the Australian Industrial Relations Commission.

Subsection 170N1(2) of the WR Act defines a "complementary State law" as one which applies the certified agreement provisions of the WR Act as a law of the State, with the modifications required or permitted by the regulations.

New regulation 30ZF provides that the modifications set out in new Schedule 6 to the regulations are required for the purposes of section 170NI. New Schedule 6 to the regulations requires a complementary State law to apply the certified agreement provisions to employers who are neither constitutional corporations nor the Commonwealth.

The required modifications mean that a complementary State law cannot apply the certified agreement provisions of the WR Act to employers who are constitutional corporations or the Commonwealth, (this being done by the WR Act itself).

Section 170NIL of the WR Act provides that a lockout by an employer will, in certain circumstances, amount to "protected action". If so, the employer will be immune from certain legal liabilities in respect of the action. Subsection 170ML(6) of the WR Act provides that an employer is not entitled to lock out an employee unless continuity of employment for such purposes as are prescribed by the regulation is not affected by the lockout.

New subregulation 30ZG(1) provides that a lockout does not break continuity of service for the purpose of assessing eligibility for, or calculating the amount of, any benefit or entitlement arising from the employee's employment including, in particular:

*       superannuation entitlements;

*       authorised leave entitlements (defined in subregulation 30ZG(2));

*       remuneration and promotion as affected by seniority; and

*       entitlement (if any) to notice on termination of employment.

Regulation 8.1 inserts new Schedules 5 and 6 into the regulations.

For the purposes of new regulation 30ZE, new Schedule 5 fists many of the conditions of employment contained in Commonwealth laws which may be displaced by inconsistent certified agreements (see above).

For the purposes of new regulation 30ZF, new Schedule 6 lists the mandatory modification which must be made to the certified agreement provisions of the WR Act by a complementary State law if those provisions are to apply as a law of the relevant State (see above).

Regulation 9.1 amends former paragraph 9(1)(a), by substituting the words "an award, certified agreement or old IR agreement" for the words "any award". This reflects the fact that the WR Act definition of the term "award" is amended by item 1 of Schedule 11 to the WROLA Act.

Regulation 9.2 amends former subregulation 9(2), so as to make it clear that an inspector has certain powers where a person has faded to observe a term of an award, certified agreement or old IR agreement. This amendment reflects the fact that the WR Act definition of the term "award" is amended by the WROLA Act. An inspector does not have powers in relation to a failure to observe the terms of an AWA (such powers falling instead to authorised officers appointed under Part IVA of the WR Act).

Regulation 9.3 amends former subregulation 9(3), so as to provide that an inspector's powers under that subregulation are constrained by subregulation 9(4), and by new subregulation 9(5).

Regulation 9,4 amends former subregulation 9(3) by expanding the reference to an "award" so as to include certified agreements and old IR agreements. Once again, this amendment reflects the fact that the WR Act definition of the term "award" is modified by the WROLA Act.

Regulation 9.5 inserts a new subregulation 9(5). The new subregulation makes it clear that inspectors do not have any powers with respect to breaches of Parts IVA, VID or XA of the WR Act. This reflects the fact that authorised officers appointed under Part IVA will have powers to .investigate alleged breaches of these parts of the WR Act.

Regulation 10.1 replaces former regulation 32A. The new regulation is in identical terms, apart from the fact that the heading now refers to AWAs and certified agreements, rather than just awards. This change reflects the fact that the definition of the term "award" in subsection 4(1) of the WR Act is amended by item 1 of Schedule 11 to the WROLA Act.

Regulation 11.1 omits former subregulation 131A, and replaces it with two new subregulations: 131A(1) and 131A(1A).

New subregulation 131A(1) is in substantially similar terms to old subregulation 131A(1). The new subregulation makes h clear that an employer must keep certain records if he or she employs an employee under an award, certified agreement AWA or old IR agreement. This amendment reflects the fact that the definition of the term "award" in subsection 4(1) of the WR Act is amended by item 1 of Schedule 11 to the WROLA Act.

New subregulation 131A(1A) provides that the requirements of subregulation 131A(1) do not apply where:

*       a certificate under regulation 131P applies in relation to the award, certified agreement or old IR agreement under which the employer employs the employee; or

*       a certificate under regulation 131PA applies in relation to the AWA under which the employer employs the employee (new regulation 13IPA is inserted by regulation 15.1 of these regulations (see below)).

Regulation 12.1 omits former regulation 13 1 B, and substitutes a hew regulation 131B.

New subregulation 131B(1) provides that a record kept in relation to an award, certified agreement or old IR agreement must be in a condition which allows an inspector to determine whether the employer has complied with the conditions of the award or agreement. This change again reflects the fact that the WR Act definition of the term "award" is amended by item 1 of Schedule 11 to the WROLA Act. New subregulation 13113(2) provides that a record kept in relation to an AWA must be in a condition which allows an authorised officer appointed by the Employment Advocate to determine whether the employer has complied with the terms of the AWA.

Regulation 13.1 amends paragraph 131D(d) of the former regulations. The amendment inserts references to employment under an award, a certified agreement, an AWA or an old IR agreement. This reflects the fact that the WR Act definition of the term "award" is modified by item 1 of Schedule 11 to the WROLA Act.

Regulation 13.2 amends paragraph 131D(e) of the former regulations. The amendment inserts references to employment under an award, certified agreement, AWA or old IR agreement. The amendment reflects the fact that the WR Act definition of the term "award" is modified by the WROLA Act.

Regulation 13.3 amends paragraph 131D(f) (first occurring) of the former regulations. The amendment inserts references to employment under an award, certified agreement, AWA or old IR agreement. The amendment reflects the fact that the WR Act definition of the term "award" is modified by the WROLA Act.

Regulation 13.4 omits paragraph 131D(f) (second occurring) of the former regulations, and inserts a new paragraph 131D(fa). New paragraph (fa) is in identical terms to old paragraph (f) (second occurring). The amendment corrects an error in numbering in the former regulations

Regulation 14.1 omits and replaces paragraphs 131L(1)(b) and (c) of the former regulations.

New paragraph 13IL(1)(b) requires an employer to make a record available for inspection and copying by an inspector (where the record relates to employment under an award, certified agreement or old IR agreement).

New paragraph 131L(1)(c) requires; an employer to make a record available for inspection and copying by an authorised officer appointed by the Employment Advocate (where the record relates to employment under an AWA).

The amendments are silent on the rights of a registered organisation to inspect and copy records. This is because Part IX, Division 11A of the WR Act already makes provision for inspection and copying of time and pay sheets by certain officers of registered organisations.

Regulation 15.1 inserts a new regulation 131PA. The new regulation is similar to former regulation 131P.

New subregulation 131PA(1) allows the Employment Advocate to issue a certificate stating that an AWA complies with Part 9A of the regulations if satisfied that the AWA contains a condition for the keeping of records that are reasonably comparable to the records which must be maintained under Part 9A of the regulations.

New subregulation 131PA(2) provides that the Employment Advocate may issue a certificate on his or her own motion, or on application by an employer.

New subregulation 131PA(3) provides that a certificate applies to an AWA only if the employer keeps records in accordance with the terms of the AWA.

New subregulation 131PA(4) makes it clear that the function of issuing certificates is a prescribed function for the purposes of paragraph 83BB(1)(j) of the WR Act.

Regulation 16.1 omits and replaces former regulation 131Q. The new regulation is in similar terms to the old. The new regulation gives an extended meaning to the term "record" as it is used in regulations 131K, 131L, 131M and 131N. In those regulations, a "record" would be taken to include:

*       a record kept under a condition of an award, certified agreement or an old IR agreement if a certificate under regulation 131P applies to the instrument; or

*       a record kept under a condition of an AWA if a certificate under regulation 13 IPA applies to the AWA.

In effect, new regulation 131Q means that:

*       regulation 131K operates so as to prohibit an employer from altering a record kept under an instrument to which a certificate applies Oust as an employer must not alter a record kept under Part 9A of the regulations);

*       regulation 131L operates so as to allow inspection and copying of a record kept under an instrument to which a certificate applies Gust as the regulation allows inspection and copying of a record kept under Part 9A of the regulations),

*       regulation 131M requires an employer to tell certain persons the whereabouts of a record kept under an instrument to which a certificate applies Oust as the employer is required to tell the whereabouts of a record kept under Part 9A of the regulations); and

*       regulation 131N requires an employer who sells a business to transfer a record kept under an instrument to which a certificate applies Gust as the employer is required to transfer a record kept under Part 9A of the regulations).

Regulation 17.1 omits former subregulation 132A, and replaces it with two new subregulations: 132A(1) and 132A(1A).

New subregulation 132A(1) is in substantially similar terms to the old. The new subregulation makes h clear that an employer who employs an employee under an award, certified agreement, AWA or old IR agreement must issue to the employee a written pay slip relating to each payment by the employer. The pay slip must be issued within one day of the payment to which it relates. This amendment reflects the fact that the definition of the term "award' in subsection 4(1) of the WR Act is amended by item 1 of Schedule 11 to the WROLA Act.

New subregulation 132A(1A) provides that the requirements of subregulation 132A(1) do not apply where:

*       a certificate under regulation 132C applies in relation to the award, certified agreement or old IR agreement under which the employer employs the employee; or

*       a certificate under regulation 132CA applies in relation to the AWA under which the employer employs the employee (new regulation 132CA is inserted by regulation 19.1 of these regulations (see below)).

Regulation 18 makes various amendments to former regulation 132C. These amendments reflect the fact that the WR Act definition of the term "award" is amended by item 1 of Schedule 11 to the WROLA Act.

Regulation 18.1 amends former subregulation 132C(1). The amendment ensures that the Commission can issue a pay slip certificate in relation to an award, certified agreement or old IR agreement.

Regulation 18.2 amends former paragraph 132C(2)(b) of the regulations. The amendment inserts a reference to an award, certified agreement, or old IR agreement.

Regulation- 18.3 omits and replaces former subregulation 132C(3). The new subregulation provides that a certificate only applies to an award, certified agreement or old IR agreement where the employer issues pay slips in accordance with the instrument.

Regulation 19.1 inserts a new regulation 132CA. The new regulation is similar to existing regulation 132C.

New subregulation 132CA(1) allows the Employment Advocate to issue a certificate stating that an AWA complies with Part 9B of the regulations if satisfied that:

*       the AWA requires a pay slip to be issued with, or as soon as practicable before or after, each payment to which the pay slip relates; and

*       the AWA requires the issuing of pay slips that are reasonably comparable to the records which must be issued under Part 9B of the regulations.

New subregulation 132CA(2) provides that the Employment Advocate may issue a certificate on his or her own motion, or on application by an employer.

New subregulation 132CA(3) provides that a certificate applies to an AWA only if the employer issues pay slips in accordance with the terms of the AWA.

New subregulation 132CA(4) makes it clear that the function of issuing certificates is a prescribed function for the purposes of paragraph 83BB(1)(j) of the WR Act.

Regulation 20.1 amends various provisions of the former regulations. Each amendment reflects the fact that the WR Act definition of the term "award" is amended by item 1 of Schedule 11 to the WROLA Act.

Regulation 21.1 inserts a new regulation 47A, which is required by subsection 203A(2) of the WR Act.

Section 189 of the WR Act sets out the criteria to be applied to associations of employers and employees applying for registration under the Act. Paragraph 189(1)(j) of the WR Act provides that an application for registration of an association is to be granted where there is no organisation already registered to which the members of the applicant association could more conveniently belong and which would more effectively represent those members than the association.

Where such an organisation is already registered, subsection 189(2) of the WR Act provides for a designated Presidential Member (DPM) of the Commission to grant registration to the applicant association, provided that it gives the DPM an undertaking that the DPM considers appropriate to avoid demarcation disputes which might otherwise arise from an overlap between the eligibility rules of the applicant association and the already registered organisation.

Section 203A of the WR Act provides that where such an undertaking! has been breached, a DPM may determine an alteration of the rules of the association to remove the overlap of eligibility rules. Subsection 203A(2) states that the DPM must give both organisations concerned an opportunity, as prescribed, to be heard on the matter.

New regulation 47A provides a means of giving the parties an opportunity to be heard in relation to a breach of an undertaking. Subregulation 47A(1) provides for the Industrial Registrar to:

*       fix a time and place for the hearing of the matter; and

*       cause the organisation allegedly in breach of the undertaking to be given, not less than 7 days before the time so fixed, a notice in writing specifying the time and place fixed for hearing on the matter, specifying the nature of the breach of the undertaking, and notifying the organisation of its right to be heard on the matter and to make submissions, in accordance with subregulation 47A(2), relating to the matter.

New subregulation 47(2) prescribes the manner in which submissions are to be lodged. The organisations involved must lodge written submissions with the Industrial Registrar not less than 2 days before the heating, and/or may make oral submissions.

New subregulation 47(3) provides that the DPM may give directions as to the manner in which the hearing is to proceed and may, after hearing both organisations, either determine the matter without delay, adjourn proceedings to a later day, or, with the agreement of both organisations, determine the matter on a later day without further hearing.

Regulation 22.1 inserts a new regulation 107A, which is necessary to properly give effect to section 280A of the WR Act.

Division 11 of Part IX imposes certain accounting and financial reporting requirements on registered organisations and their branches. As part of this regime, section 280 of the WR Act requires certain financial documents to be lodged in the Industrial Registry each year. Once these documents are lodged, a Registrar may investigate any apparent deficiency, failure or shortcoming disclosed by those documents. New section 280A of the WR Act provides a Registrar with greater investigatory powers where, inter alia, prescribed circumstances arise.

New regulation 107A prescribes the following circumstances for the purposes of section 280A of the WR Act:

*       where an auditor has made a report to a Registrar under subsection 276(5) of the WR Act and the Registrar considers that any matter disclosed in the report should be investigated; or

*       where a complaint about a matter referred to in section 280A has been made to a Registrar by an officer of the organisation concerned and the Registrar, after consulting with the organisation concerned, considers that there are reasonable grounds for conducting an investigation into the matter.

Regulation 23.1 inserts new regulations 109A, 109B and 109C. These new regulations are necessary to properly give effect to section 285A of the WR Act.

New Division 11 A of Part IX of the WR Act deals with the right of entry and inspection of premises by registered organisations. The right of entry by an officer or employee of an organisation is to be based on permits issued by an Industrial Registrar on application by the relevant organisation.

New subsection 285A(1) of the WR Act provides that applications are to be made in accordance with the regulations, and permits are to be granted in the form prescribed. Subsection 285A(3) provides for the revocation of permits by an Industrial Registrar pursuant to an application in accordance with the regulations.

New regulation 109A prescribes the form in which applications for a permit are to be made. Such applications must be in writing, and must be signed by a member of the committee of management of the organisation (or branch of the organisation) concerned. The application must also set out the name of the person in whose name the certificate is to be issued, and state whether the person is an employee or officer of the organisation or branch. If the person is an officer the application must identify the office which he or she holds.

New regulation 109B provides that, for the purposes of subsection 285A of the WR Act, the prescribed form for a permit is Form 12.

New regulation 109C provides that an application for revocation of a permit may be made by:

*       an employer claiming to have (or claiming that his or her employees have) been hindered or obstructed by the holder of the permit, or claiming that the holder of the permit has acted improperly in some other way; or

*       an employer organisation claiming that one of its members (or one of its member's employees) has been hindered or obstructed by the holder of the permit, or that the holder of the permit has acted improperly in some way in relation to one of its members.

New subregulation 109C(2) provides that an application to an Industrial Registrar to revoke a permit shall be in writing, signed by the person making the application, and shall set out the grounds on which the application is made.

Regulation 24.1 inserts new Form 12, being the form of the permit to enter and inspect premises (which may be issued under new regulation 109B (see above)).

Regulation 25.1 omits former regulation 32, consequent upon repeal of section 177 of the WR Act (effected by item 15 of Schedule 20 to the WROLA Act).