Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 NO. 137

Statutory Rules 1991 No. 137

Industrial Relations Regulations (Amendment)

(Issued by the Authority of the Minister for Employment, Education and Training for and on behalf of the Minister for Industrial Relations)

(Affecting members of organisations)

Subsection 359(1) of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 359(2) of the Act sets out specific matters in relation to which the Governor-General may make regulations including the manner in which, and the time within which, applications, submissions and objections under the Act may be made and dealt with.

Division 7 of Part IX of the Act contains provisions dealing with the amalgamation of organisations, including the ballots to determine if members of organisations agree to amalgamation.

Subsection 253M(1) of the Act provides for an application to the Court, as prescribed, for an inquiry into alleged irregularities in relation to a ballot of members. Regulation 98 of the Industrial Relations Regulations (the Regulations) stipulates that the application to the Court under subsection 253M(1) of the Act must be in accordance with Form 11 of Schedule 1 of the Regulations and be accompanied by a statutory declaration.

However, as it was drafted, regulation 98 did not stipulate that.only a member of an organisation whose members were eligible to vote in the ballot can make an application to the Court for an inquiry into the ballot. The amendment to regulation 98 ensures that only members of organisations with a direct interest in an amalgamation ballot may make an application to the Court for an inquiry into the ballot.

Form 11 of Schedule 1 of the Regulations referred to regulation 93 which, as a result of amendments to the regulations this year, should have been regulation 98. The amendment to the Form corrects this oversight.