Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2000 (NO. 3) 2000 NO. 328

Statutory Rules 2000 No. 328

(Issued by the authority of the Minister for Employment, Workplace Relations and Small Business)

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2000 (No. 3)

Section 359 of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

Subsection 359(2) of the Act gives the Govern or- General power to make regulations in relation to certain subjects, including the fees to be charged in relation to proceedings under the Act.

Subregulation 30BD(1) of the Workplace Relations Regulations 1996 (the Regulations) currently provides that a fee of $50 is payable (to the Australian Industrial Registry) for lodgment of an application under section 170CE of the Act in respect of a termination of employment. (Such an application may be made on the ground that the termination was harsh, unjust or unreasonable, on the ground of an alleged contravention of a provision of Subdivision C of Division 3 of Part VIA of the Act, or on any combination of such grounds). Subregulation 30BD(2) gives the Registrar the power to waive payment of the filing fee on the ground of serious hardship.

Subregulation 30BD(3) provides that the lodgment fee paid by an applicant under subregulation 30BD(1) is to be refunded to the applicant if he or she discontinues the application at least two days before the day on which the proceedings are first listed for attention by the Australian Industrial Relations Commission.

Subregulation 30BD(4) currently provides that subregulations 30BD(1) and (2) cease to have effect on 31 December 2003.

The purpose of the Regulations is to establish the lodgment fee as a permanent feature of the termination of employment provisions. The amendments are in response to concerns expressed by the Standing Committee on Regulations and Ordinances about the continual amendment of the sunset clause.

The lodgment fee was first inserted in the Regulations in December 1996 (SR 1996 No. 307). Subregulations 30BD(3) and (4) were inserted by SR 1997 No. 101. Subregulation 30BD(3) provided for a refund of the lodgment fee in the circumstances outlined in the regulation. Subregulation 30BD(4) was a sunset provision, the date of which was 30 June 1998. Further regulations were made to extend the date of the sunset clause to 31 December 1998 (SR 1998 No. 187).

At the 1998 federal election, the Coalition Government's workplace relations policy, More Jobs, Better Pay, contained a commitment to permanently implement the lodgment fee. On 17 December 1998 further amendments to the regulations were made which increased the lodgment fee to $100 and removed the sunset clause (SR 1998 No.353). On 16 February 2000 the Senate disallowed these regulations. As a consequence, new regulations were made which reimposed a $50 lodgment fee and inserted a new sunset clause (SR 1999 No.43). The sunset clause was further extended to 31 December 2000 (SR 1999 No.337), and extended again to 31 December 2003 (SR 2000 No.258).

The imposition of a lodgment fee is part of the Government's strategy to discourage termination of employment applications without merit.

The lodgment fee, since its introduction on 31 December 1996, has been instrumental in discouraging frivolous and vexatious claims, while ensuring that genuine termination of employment applications are dealt with efficiently.

These amendments therefore will make the lodgement fee a permanent feature of the termination of employment provisions, thus ensuring that frivolous and vexatious claims continue to be discouraged.

Details of the Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2000 (No. 3)

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides for the commencement of regulations on gazettal.

Regulation 3

Regulation 3 is a formal provision, providing that the Workplace Relations Regulations 1996 are amended as provided for in Schedule 1.

Schedule 1 - Amendments

Item 1

Item 1 amends subregulation 30BD(3) to omit any reference to subregulation 30BD(1) 'as in force before 31 December 2003'. This amendment is a technical amendment, consequential upon the repeal of subregulation 30BD(4).

Item 2

Item 2 repeals subregulation 30BD(4).