Explanatory Memorandum(Circulated by the authority of the Minister for Industrial Relations, the Hon Ralph Willis MP)
Schedule 2, which is provided for under Clause 86, contains proposed amendments to certain other Acts that arise from the enactment of the Industrial Relations Bill 1988. The amendments are largely of a technical nature and deal primarily with either the substitution of references to provisions of the Conciliation and Arbitration Act 1904 with references to provisions in the Industrial Relations Bill 1988 or with the repeal of provisions of other Acts that would be redundant upon the commencement of the Industrial Relations Bill 1988. Significant amendments are discussed below.
Amendments to the Act included in Schedule 2 will repeal those provisions which establish and outline the operation of the Federal Police Arbitral Tribunal. After the commencement, all industrial matters concerning employees who are members of the Australian Federal Police, will be dealt with by the Industrial Relations Commission. Transitional arrangements are made in this Bill for matters before the Federal Police Arbitral Tribunal immediately before the commencement (clause 12) and determinations and agreements made by the Tribunal are to continue, as if awards of the Industrial Relations Commission (clause 7(5)).
Some matters which were excluded from the jurisdiction of the Federal Police Arbitral Tribunal will also be excluded from the jurisdiction of the Industrial Relations Commission - sub-clause 4(10) - Industrial Relations Bill 1988.
- Australian National Railways Commission Act 1983
- Commonwealth Teaching Service Act 1972
- Postal Services Act 1975
- Telecommunications Act 1975
These Acts contain specific provisions conferring powers and functions on the former Commission.
The Industrial Relations Bill 1988 applies directly to employment covered by these Acts and accordingly the relevant Divisions of these Acts specified in the Schedule are to be repealed as they become redundant at the commencement.
Amendments made by Schedule 2 to the Northern Territory (Self-Government) Act 1978 are necessary to apply the new Act to industrial disputes in the Northern Territory to replace the application of the Conciliation and Arbitration Act 1904 after the commencement.
The provisions of the previous Act applied to industrial disputes in the Australian Capital Territory by virtue of this Act. The amendments made to this Act by the Schedule are necessary to apply the provisions of the new Act to industrial disputes in the ACT after the commencement.
By operation of these amendments the Academic Salaries Tribunal is abolished. That part of the Tribunal's jurisdiction which related to the determination of salary rates for academic staff at Commonwealth institutions of tertiary education will be assumed by the Industrial Relations Commission. The Remuneration Tribunal, through other amendments made by Schedule 2 is to take over the responsibility for reporting to the Minister on the rates of salaries in relation to specified "executive education offices" (a term defined in the Remuneration Tribunals Act).