Workplace Relations Amendment Regulations 2007 (No. 2)1

Select Legislative Instrument 2007 No. 183

I, PROFESSOR MARIE BASHIR, AC, CVO, Deputy for the Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996.

Dated 28 June 2007

MARIE BASHIR

Deputy for the Governor‑General

By Her Excellency’s Command

JOE HOCKEY

Minister for Employment and Workplace Relations

1 Name of Regulations

  These Regulations are the Workplace Relations Amendment Regulations 2007 (No. 2).

2 Commencement

  These Regulations commence on 1 July 2007.

3 Amendment of Workplace Relations Regulations 2006

  Schedule 1 amends the Workplace Relations Regulations 2006.

Schedule 1 Amendments

(regulation 3)

[1] Chapter 2, Part 5, heading

substitute

Part 5 Workplace Authority Director

[2] Chapter 2, Part 5, Division 1

omit

[3] Chapter 2, Part 5, Division 2, heading

substitute

Division 2 Remuneration and allowances of Workplace Authority Director

[4] Chapter 2, regulation 5.2

omit

For subsection 157 (2) of the Act, the Employment Advocate

insert

For subsection 151B (2) of the Act, the Workplace Authority Director

[5] Chapter 2, Part 5, Division 3, heading

substitute

Division 3 Disclosure of identity of parties to AWA

[6] Chapter 2, subregulation 5.3 (1)

omit

paragraph 165 (1) (e)

insert

subsection 164A (5)

[7] Chapter 2, Part 5, regulations 5.4 and 5.5

omit

[8] Chapter 2, Part 5, after Division 3

insert

Division 4 Disclosure of information by workplace agreement official             

5.6 Disclosure of information by workplace agreement official

 (1) For subsection 164A (5) and paragraph 165 (1) (e) of the Act:

 (a)  a workplace agreement official is prescribed; and

 (b) the workplace agreement official may disclose information prescribed in subregulation (3) to a person prescribed in subregulation (2) for a purpose prescribed in subregulation (4).

 (2) The persons are:

 (a) a Minister; or

 (b) the Secretary; or

 (c) an SES employee or an APS employee performing duties in the Department.

 (3) The information is:

 (a) information that is:

 (i) acquired by the workplace agreement official in the course of exercising powers, or performing functions, as a workplace agreement official; and

 (ii) relevant to a purpose in paragraph (4) (a); and

 (b) information that has previously been disclosed to the public other than information that has been disclosed to the public in contravention of the Act or regulations made under the Act; and

 (c) information relating to a proceeding initiated by a workplace inspector.

 (4) The purposes are:

 (a) the purpose of briefing a Minister, or considering briefing a Minister:

 (i) to assist the Minister:

 (A) to consider a complaint or issue raised with the Minister by or on behalf of a person (in writing or orally); and

 (B) to respond to the person in relation to the complaint or issue; or

 (ii) in relation to a meeting or other event that the Minister is to attend; or

 (iii) for an issue that has been raised publicly, or is proposed to be raised publicly, by or on behalf of the person to whom the information of a kind mentioned in paragraph (3) (a) relates — to assist the Minister to respond to the issue; or

 (iv) in relation to an error or delay on the part of the Workplace Authority; or

 (v) in relation to an instance of an anomalous or unusual operation of:

 (A) Commonwealth workplace relations legislation; or

 (B) the Building and Construction Industry Improvement Act 2005; or

 (C) Schedule 1 to the Act; and

 (b) for information mentioned in paragraphs (3) (b) or (3) (c) — to provide information to the person

 (i) about a matter that has previously been disclosed to the public; or

 (ii) about a proceeding initiated by a workplace inspector.

 (5) In this regulation:

APS employee has the same meaning as in the Public Service Act 1999.

Minister means:

 (a) a Minister of State administering any part of Commonwealth workplace relations legislation; or

 (b) the Prime Minister.

SES employee has the same meaning as in the Public Service Act 1999.

Note   Under subsection 164A (7) of the Act, a workplace agreement official is not authorised to disclose to the Minister information relating to:

(a) a decision under Division 5A of Part 8 of the Act whether a particular workplace agreement passes the fairness test; or

(b) whether that Division requires the Workplace Authority Director to decide whether a particular workplace agreement passes the fairness test.

[9] Chapter 2, after sub‑subparagraph 6.2 (1) (b) (i) (E)

insert

 (EA) an instrument given effect to by the Act;

[10] Chapter 2, after paragraph 6.3 (1) (e)

insert

 (ea) an instrument given effect to by the Act;

[11] Chapter 2, Part 6, regulation 6.4

substitute

6.4 Investigating alleged breach of section 34 of the Independent Contractors Act 2006

  For subsection 167 (5) of the Act, it is a function of a workplace inspector to investigate an alleged breach of section 34 of the Independent Contractors Act 2006.

Note   Section 34 of the Independent Contractors Act 2006 prohibits certain coercive conduct in relation to reform opt‑in agreements which may be entered into by parties to services contracts under the transitional provisions of that Act.

[12] Chapter 2, regulation 6.6

substitute

6.6 Disclosure of information by Workplace Ombudsman

 (1) For paragraph 165 (1) (e) and subsection 166U (3) of the Act:

 (a) a member of the Office of the Workplace Ombudsman is prescribed; and

 (b) the member of the Office of the Workplace Ombudsman may disclose information prescribed in subregulation (3) to a person prescribed in subregulation (2) for a purpose prescribed in subregulation (4).

 (2) The persons are:

 (a) a Minister; or

 (b) the Secretary; or

 (c) an SES employee or an APS employee performing duties in the Department.

 (3) The information is:

 (a) information that is:

 (i) acquired by the member in the course of exercising powers, or performing functions, as a member of the Office of the Workplace Ombudsman; and

 (ii) relevant to a purpose in paragraph (4) (a); and

 (b) information that has previously been disclosed to the public other than information that has been disclosed to the public in contravention of the Act or regulations made under the Act; and

 (c) information relating to a proceeding initiated by a workplace inspector.

 (4) The purposes are:

 (a) the purpose of briefing a Minister, or considering briefing a Minister:

 (i) to assist the Minister:

 (A) to consider a complaint or issue raised with the Minister by or on behalf of a person (in writing or orally); and

 (B) to respond to the person in relation to the complaint or issue; or

 (ii) in relation to a meeting or other event that the Minister is to attend; or

 (iii) for an issue that has been raised publicly, or is proposed to be raised publicly, by or on behalf of the person to whom the information of a kind mentioned in paragraph (3) (a) relates — to assist the Minister to respond to the issue; or

 (iv) in relation to an error or delay on the part of the Office of the Workplace Ombudsman; or

 (v) in relation to an instance of an anomalous or unusual operation of:

 (A) Commonwealth workplace relations legislation; or

 (B) the Building and Construction Industry Improvement Act 2005; or

 (C) Schedule 1 to the Act; and

 (b) for information mentioned in paragraphs (3) (b) or (3) (c) — to provide information to the person

 (i) about a matter that has previously been disclosed to the public; or

 (ii) about a proceeding initiated by a workplace inspector.

 (5) In this regulation:

APS employee has the same meaning as in the Public Service Act 1999.

Minister means:

 (a) a Minister of State administering any part of Commonwealth workplace relations legislation; or

 (b) the Prime Minister.

SES employee has the same meaning as in the Public Service Act 1999.

[13] Chapter 2, after regulation 21.3

insert

21.4 Additional effect of Act — Workplace Relations Fact Sheet

  For section 899 of the Act, without affecting the operation of Division 3A of Part 5 of the Act apart from this regulation, Division 3A of Part 5 of the Act also has effect as follows:

 (a) each reference in Division 3A of Part 5 of the Act to an employer is to be read as a reference to an employer (within the meaning of section 858 of the Act) in Victoria; and

 (b) each reference in Division 3A of Part 5 of the Act to an employee is to be read as a reference to an employee (within the meaning of section 858 of the Act) in Victoria; and

 (c) each reference in Division 3A of Part 5 of the Act to employment is to be read as a reference to the employment of an employee (within the meaning of section 858 of the Act) in Victoria.

[14] Schedules 5 and 6

omit

[15] Further amendments

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.