Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS REGULATIONS (AMENDMENT) 1998 NO. 187

Statutory Rules 1998 No. 187

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

Workplace Relations Act 1996

Workplace Relations Regulations (Amendment)

Authority

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 Governor-General power to make regulations in relation to subjects including the fees to be charged in relation to proceedings under the Act.

Subregulation 30BD(1) of the Workplace Relations Regulations (the Regulations) provides that a fee of $50 is payable for lodgment of an application 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 a Registrar the power to waive payment of the filing fee on the ground of serious hardship.

Subregulation 30BD(4) formerly provided that subregulations 30BD(1) and (2) would cease to have effect on 30 June 1998.

Purpose

The purpose of the Workplace Relations Regulations (Amendment) is to amend subregulation 30BD(4) so that it is expressed that subregulations 30BD(1) and (2) cease to have effect on a later date, namely 31 December 1998.

Context

The Department of Workplace Relations and Small Business is currently conducting a review of the first 12 months operation of the new unfair dismissal provisions of the Act. Subregulation 30BD(4) provided a sunset date of 30 June 1998 because it was anticipated that the review would have been finished in sufficient time to determine in advance of that date whether it was appropriate to continue the filing fee. As the review will not have been completed by 30 June 1998, the period of the operation of the filing fee is being extended to 31 December 1998. It is anticipated that the review will have been completed by that date, enabling determination of whether the continuation of the filing fee is appropriate.

Application

Regulation 3.1 amends subregulation 30BD(4) to provide that subregulations 30BD(1) and 30BD(2) cease to have operation on 31 December 1998.

Detail The Regulations commence on gazettal.