Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1992 NO. 81

Statutory Rules 1992 No. 81

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

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

These Regulations effect an amendment to the Industrial Relations Regulations which is necessary as a result of the commencement on 31 March 1992 of the New South Wales Industrial Relations Act 1991, ("the NSW Act"). Subsection 315(1) of that Act creates the Industrial Relations Commission of New South Wales ("the new NSW Commission") in place of the Industrial Commission of New South Wales ("the old NSW Commission") which is abolished by that Act.

The Regulations prescribe the new NSW Commission, for the purposes of the Industrial Relations Act 1988 ("the Commonwealth Act"), in place of the existing regulation prescribing the old NSW Commission.

Subsection 4(1) of the Commonwealth Act defines the phrase "State industrial authority" to include a body having authority under a State Act to exercise any power of conciliation or arbitration in relation to industrial disputes within the limits of the State. The new NSW Commission will fit this description.

Several provisions of the Commonwealth Act [section 13, subsections 16(2), 175(1), (2) and (5)] refer to "a prescribed State industrial authority". These provisions allow dual federal and State appointments and facilitate joint proceedings. As the Act provides no definition, "prescribed" in this context means prescribed by regulation [Acts Interpretation Act 1901, paragraph 17(q)]. Subsection 359(1) of the Commonwealth Act relevantly provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters permitted by the Act to be prescribed.

Before this amendment regulation 5 of the Industrial Relations Regulations provided:

For the purposes of section 13 and subsections 16(2) and 175(1), (2) and (5) of the Act, each of the following State industrial authorities is prescribed:

(a)       the industrial Commission of New South Wales;

..."[the regulation then lists the Industrial Commission or Industrial Relations Commission of every other State].

Regulation 3.1 of these Regulations amends paragraph 5(a) by inserting the word "Relations" after "Industrial"; this has the effect of prescribing the new NSW Commission.

The Regulations are expressed to commence on 31 March 1992, the day on which the NSW Act will commence.