Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1994 NO. 244

Statutory Rules 1994 No. 244

Issued by the Authority of the Assistant Minister for Industrial Relations

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

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

Section 150A of the Act requires the Australian Industrial Relations Commission (the Commission) to review all awards in force, other than certified agreements or enterprise flexibility agreements, every 3 years.

Subsection 150A(2), as far as it is relevant, provides that if after reviewing an award, the Commission considers that the award contains a deficiency of a kind identified in subsection 150A(2), the Commission must remedy the deficiency by taking the steps (if any) prescribed by the regulations.

Subsection 150A(3) provides that the steps so prescribed may include varying the award after giving any party to the award who has a genuine interest in the matter an opportunity to be heard.

Regulation 26A prescribes the steps the Commission is required to take to remedy a deficiency of a kind identified in subsection 150A(2), found in the course of reviewing an award pursuant to section 150A.

Subregulation 26A(1) restates the requirement set out in subsection 150A(2) of the Act.

Subregulation 26A(2) requires the Commission to record reasons explaining in what way it considers an award provision is deficient.

Paragraph (a) of subregulation 26A(3) requires the Commission to give any party to the award who has a genuine interest in the matter an opportunity to be heard, prior to making a decision on remedying the deficiency.

Paragraph (b) of subregulation 26A(3) applies if the Commission considers an award provision discriminates against an employee. It requires the Commission to give the Human Rights and Equal Opportunity Commission an opportunity to be heard, prior to making a decision on remedying the deficiency.

Subregulation 26A(4) provides that after conducting a hearing, the Commission must remedy the deficiency by varying the award, or take other action as the Commission thinks appropriate.

Subregulation 26A(5) prescribes steps which the Commission must take in order to remedy a deficiency In an award relating to inappropriate terms, obsolete provisions, or unnecessary detail.

Subregulation 26A(6) provides that if the Commission considers it is not appropriate to make an order remedying the deficiency immediately, the Commission may remedy the deficiency in stages, or over a period of time, or provide the parties to the relevant award with an opportunity to remedy the deficiency in a manner agreed by them.