Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1998 (NO. 4) 1998 NO. 354

Statutory Rules 1998 No. 354

Issued by Authority of the Minister for Employment, Workplace Relations and Small Business

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1998 (No. 4)

Subsection 359(1) of the Workplace Relations Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.

Subsection 285A(3) of the Act provides that an Industrial Registrar may revoke a right of entry permit (that is, a permit which allows an official of a registered organisation entry into an employers' premises in the circumstances specified in the Act), on application made in accordance with the regulations. An Industrial Registrar may revoke a permit on the basis that the permit holder has, in exercising their powers under the Act, intentionally hindered or obstructed an employer or employee or otherwise acted in an improper manner.

The purpose of the Regulations is to amend the Workplace Relations Regulations: to change the title of the regulations to the Workplace Relations Regulations 1996, to reflect current drafting practice; to alter a reference to the Australian Securities Commission (the ASC) to reflect the new name of that body; and to expand the category of persons who may apply for the revocation of a right of entry permit.

Amendment to Regulation 1 (Item 1 of the Schedule):

The amendment of regulation 1 changes of title of the Regulations to the Workplace Relations Regulations 1996, to reflect current drafting practice.

Amendment to paragraph 98ZO(b) (Item 2 of the Schedule):

Item 2 of the Schedule amends paragraph 98ZO(b) to reflect the change of name of the former ASC, which on 1 July 1998 was changed to the Australian Securities and Investments Commission (ASIC). The amendment to paragraph 98ZO(b) does not change the effect of regulation 98ZO.

Amendment to Regulation 109C (Items 3 and 4 of the Schedule):

Part IX, Division 11A of the Act establishes a regime for entry into workplaces by officials of registered organisations. To enter an employer's premises, an official must have a valid permit issued by an Industrial Registrar under section 285A. (The prerequisites for entry to premises by a permit holder are specified in sections 285B-285D of the Act).

Regulation 109C of the Regulations prescribes employers and employer organisations as persons who may apply for revocation of a permit for the purposes of subsection 285A(3).

The grounds upon which an application may be made are that an employer or an employee of that employer has been hindered or obstructed by the holder of the permit or, that the holder of the permit has otherwise acted in an improper manner (rr.109C(1)(a) and (b)).

The Regulations extend to inspectors appointed under Part V of the Act, the right to apply for revocation of a right of entry permit. The basis upon which an application may be made are the same as already provided by regulation 109C for employers and employer organisations.

The amendment to regulation 109C is a logical extension of the powers inspectors already have to enter workplaces to investigate suspected breaches of awards, agreements or the Act.

The regulations commence upon gazettal.