Federal Register of Legislation - Australian Government

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SR 1994 No. 232 Regulations as made
These Regulations amend the Superannuation (Eligible Employees) Regulations.
Administered by: Finance
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Exempt from sunsetting by the Legislative Instruments Regulations 2004 Sch 3 item 40
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR23-Aug-1994
Tabled Senate23-Aug-1994
Gazetted 30 Jun 1994
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

Industrial Relations Regulations (Amendment) 1992 No. 232


Statutory Rules 1992 No. 232

Issued by the Authority of the Minister for Industrial Relations

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

Section 359 of the Industrial Relations Act 1988 (the Principal Act) authorises the making of regulations prescribing all 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.

The Industrial Relations Legislation Amendment Act 1992 (the amending Act) amends the Principal Act and commences on proclamation. Section 4 of the Acts Interpretation Act 1901 provides, however, that where an Act amends another Act so as to confer a power to make regulations for the purposes of that Act then the power conferred may be exercised before the Act comes into operation.

The amending Act, which received the Royal Assent on 10 July 1992, inserted a new Division 3A in the Principal Act to replace sections 115 to 117. The provisions concern certified agreements, that is, agreements reached between the parties to an industrial dispute which are then certified by the Australian Industrial Relations Commission (AIRC) and, by definition, become awards.

Section 134C in the new Division 3A of the Principal Act provides that the parties to an industrial dispute or any of them may make a memorandum of agreed terms for the settlement of all or any of the matters in dispute or the prevention of further disputes and apply to the AIRC for the certification of the memorandum.

Proposed regulation 14A sets out the minimum requirements for an application to the AIRC for an agreement to be certified by providing that such an application is not complete unless each organisation which is a party to an industrial dispute has presented to the AIRC

(a)       a copy of the memorandum of agreement signed by the parties to the agreement; and

(b)       a statutory declaration made by an officer of the organisation who has been authorised for the purpose by the committee of management or who has been authorised by the committee of management to approve the terms of an agreement on behalf of the committee of management.

Proposed regulation 14A requires the statutory declaration to declare that the agreement has been approved by the committee of management or by the officer making the declaration if the officer has been authorised by the committee of management to approve the terms of the agreement.

The statutory declaration is required by proposed subregulation 14A(2) to specify the name of the person making the declaration, the position held in the organisation by the person and the source of the person's authority to make the declaration.

The Regulations commence on Gazettal.