Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1992 No. 351

Issued by the Authority of the Minister for industrial Relations

Industrial Relations Act 198

Industrial Relations Regulations (Amendment)

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

Section 261 of the Act provides for entitlement of persons to become and remain members of registered organisations of employees. Section 261 was amended by Industrial Relations Legislation Amendment Act 1992 to include independent contractors as persons entitled to become members of organisations. Regulation 43 of the Industrial Relations Regulations (the Regulations) requires organisations to lodge an annual statement concerning the number of employees who are members of the organisation.

Regulation 2 amends regulation 43 to require the statement to show the number of members who are independent contractors.

Subsection 204(1) of the Act states that a change of name, or alteration to the eligibility rules, of a federally registered organisation does not take effect unless the designated Presidential Member of the Australian Industrial Relations Commission consents to the change or alteration.

Regulation 48 states that an application for consent under subsection 204(1) of the Act should be in the approved form and accompanied by a written statement.

Amending regulation 3 clarifies and extends the required content for a written statement. Subregulation 3.2 establishes a requirement that an application be accompanied by a copy of the rules as amended. A formal requirement that the Registrar must tell an applicant why the application does not conform with the regulations, if the application does not conform, is provided by amending subregulation 3.3.

Regulation 49 provides for notices to be published in the Gazette when an application is received and when the change or alteration is approved.

Regulation 4 of the amending Regulations provides a notice in accordance with regulation 49 will also be given to each registered organisation. The notice must include the eligibility rules of the organisation immediately before and after the alteration takes place.

Regulation 5 amends regulation 53 to ensure that the language of the regulation is consistent with subregulation 48(1) as amended.

The Regulations commence on Gazettal.

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