Fair Work (State Referral and Consequential and other Amendments) Regulations 2009

1 Name of Regulations

These Regulations are the Fair Work (State Referral and Consequential and Other Amendments) Regulations 2009.

2 Commencement

These Regulations commence on 1 July 2009.

3 Amendment of Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986

(1) These Regulations are made for item 2 of Schedule 20 to the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.

Note Under item 2 of Schedule 20 to the Fair Work (State Referral and Consequential and Other Amendments) Act 2009, the Governor-General may make regulations amending Acts (other than the Fair Work Act 2009) being amendments that are consequential on, or that otherwise relate to, the enactment of the Fair Work Act 2009, the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 or the Fair Work (State Referral and Consequential and Other Amendments) Act 2009.

For the purposes of the Amendments Incorporation Act 1905, amendments made by regulations for the purposes of that item are to be treated as if they had been made by an Act.

(2) Schedule 1 amends the Builders Labourers’ Federation (Cancellation of Registration—Consequential Provisions) Act 1986.

Schedule 1 Amendments

(regulation 3)

[1] Section 3, definition of award, paragraph (a)

after

Act

insert

, as in force immediately before the commencement of the Fair Work Act

[2] Section 3, definition of Commission

omit

[3] Section 3, after definition of Conciliation and Arbitration Act

insert

Fair Work Act means the Fair Work Act 2009.

Fair Work Australia, or FWA, means the body established by section 575 of the Fair Work Act.

Fair Work (Registered Organisations) Act means the Fair Work (Registered Organisations) Act 2009.

[4] Section 3, definition of industrial dispute

omit

[5] Section 3, definition of non-registered association, subparagraph (b) (i)

substitute

(i) that is not an organisation within the meaning of the Fair Work (Registered Organisations) Act; and

[6] Section 3, definition of Registration and Accountability of Organisations Schedule

omit

[7] Section 3, definition of Workplace Relations Act

omit

Schedule 1B

insert

Schedule 1

[8] Subsections 4(3) and (3A)

substitute

(3) Subject to subsection (3A), a non-registered association:

(a) is not capable of being a party to a proceeding before FWA; and

(b) is not capable of being a party to an award made by FWA.

(3A) A State association, other than the Building Construction Employees and Builders Labourers’ Federation of New South Wales, may make an objection in relation to an amalgamation under section 56 of the Fair Work (Registered Organisations) Act and regulations made under that Act.

[9] Subsection 4(4)

omit

the Commission does not have any powers under the Workplace Relations Act or the Registration and Accountability of Organisations Schedule

insert

FWA does not have any powers under the Fair Work Act or the Fair Work (Registered Organisations) Act

[10] Paragraph 4(4)(b)

omit

as defined by subsection 6(2) of the Workplace Relations Act

[11] Subsection 4(5)

substitute

(5) Nothing in this section prevents FWA from exercising powers under the Fair Work Act and the Fair Work (Registered Organisations) Act in relation to an industrial dispute in so far as that industrial dispute involves members of an association of employees that is an organisation within the meaning of the Fair Work (Registered Organisations) Act who are also members of a non-registered association.

[12] Sections 5 and 6

substitute

5 Registration

Despite anything in the Fair Work (Registered Organisations) Act, a non-registered association is not entitled to apply to be registered under that Act, and is not entitled to be registered under that Act, unless:

(a) FWA, on application by the non-registered association, has declared that it is satisfied that:

(i) if the non-registered association were registered under that Act, the non-registered association would not engage in conduct inimical to the prevention and settlement of industrial disputes by means of conciliation and arbitration; and

(ii) the registration of the non-registered association under that Act would not prevent or seriously hinder the achievement of:

(A) an object of the Fair Work Act; or

(B) Parliament’s intention in enacting the Fair Work (Registered Organisations) Act; and

(b) the requirements of the Fair Work (Registered Organisations) Act, and of the regulations in force under that Act, that would, apart from this section, apply in relation to an application by the non-registered association for registration under that Act have been complied with.

6 Powers and procedure of FWA

(1) The powers of FWA under or by virtue of this Act are exercisable by a Full Bench of FWA.

Note: A Full Bench of FWA is constituted under section 618 of the Fair Work Act.

(2) The provisions of the Fair Work Act, and of the regulations in force under that Act, with respect to the procedure and powers of FWA in relation to proceedings before it under that Act apply, so far as they are capable of application, in relation to proceedings before FWA under or by virtue of this Act.

(3) On an application under paragraph 5(a), the Minister and the non-registered association may be represented by counsel or solicitor.

[13] Subsection 7(2)

omit

Registration and Accountability of Organisations Schedule

insert

Fair Work (Registered Organisations) Act

[14] Subsection 7(3)

omit

Registration and Accountability of Organisations Schedule

insert

Fair Work (Registered Organisations) Act

[15] Subsection 7(3)

omit

section 36 of that Schedule

insert

section 36 of that Act

[16] Subsection 7(4)

omit

Registration and Accountability of Organisations Schedule

insert

Fair Work (Registered Organisations) Act