Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS REGULATIONS (AMENDMENT) 1997 NO. 281

EXPLANATORY STATEMENT

Statutory Rules 1997 No. 281

(Issued by the authority of the Minister for Workplace Relations and Small Business)

Workplace Relations Act 1996

Workplace Relations Regulations (Amendment)

Subsections 152(2) and 152(3) of the Act provide for State employment agreements to prevail over Federal awards where such agreements have been approved by a State industrial authority under a State Act in accordance with the requirements set out in subsection 152(5). A "State industrial authority", as relevantly defined in section 4 of the Act, means a tribunal which exercises conciliation or arbitration powers in relation to intrastate industrial disputes [paragraph (a)] or any other State board, court, tribunal, body or official prescribed for the purpose of this definition [paragraph (c)].

The WA Workplace Agreements Act 1993 ('the State Act') was amended by the Labour Relations Legislation Amendment Act 1997 (WA) to establish a tribunal in Western Australia to deal with State collective workplace agreements which, in accordance with section 152 of the Federal Act, are intended to prevail over State awards.

This regulation prescribes this particular Western Australian tribunal as a 'State industrial authority' under section 4 of the Act for the purposes of the Act.

This regulation commences on the date of gazettal.


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