Federal Register of Legislation - Australian Government

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SLI 2007 No. 307 Regulations as made
These Regulations prevent the ANF from gaining orders from the Australian Industrial Relations Commission that would deprive the Federation of the opportunity to represent its membership base. The AMENDING Regulations will cease to have effect three years after they commence.
Administered by: Employment and Workplace Relations
Registered 26 Sep 2007
Tabling HistoryDate
Tabled HR12-Feb-2008
Tabled Senate12-Feb-2008
Date of repeal 12 Mar 2008
Repealed by Disallowance in full
This Legislative Instrument has been subject to a Motion to Disallow:
Motion Date:
11-Mar-2008
Expiry Date:
03-Jun-2008
House:
House of Reps
Details:
Full
Resolution:
Disallowed
Resolution Date:
12-Mar-2008
Resolution Time:
Provisions:

Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 307

I, PHILIP MICHAEL JEFFERY, 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 26 September 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

JOE HOCKEY


1              Name of Regulations

                These Regulations are the Workplace Relations (Registration and Accountability of Organisations) Amendment Regulations 2007 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Workplace Relations (Registration and Accountability of Organisations) Regulations 2003

                Schedule 1 amends the Workplace Relations (Registration and Accountability of Organisations) Regulations 2003.


Schedule 1        Amendment

(regulation 3)

  

[1]           After regulation 114D

insert in Part 4A

114E       Representation rights — Australian Nursing Federation, Industrial Union of Workers Perth

         (1)   For subsection 138A (1) of the RAO Schedule, this regulation applies in relation to:

                (a)    the Australian Nursing Federation, Industrial Union of Workers Perth (the Federation); and

               (b)    the Australian Nursing Federation (the ANF), of which the Federation was formerly a State branch.

         (2)   For the application of the RAO Schedule, and regulations 114A to 114D, in relation to the Federation:

                (a)    the Commission must not make an order under section 133 of the RAO Schedule in favour of the ANF if the order would apply to employees whom the Federation was entitled to represent immediately before it withdrew from the ANF; and

               (b)    if the Commission made, or makes, an order under section 133 of the RAO Schedule in favour of the ANF, the order does not apply to the Federation.

         (3)   For the application of the RAO Schedule, and regulations 114A to 114D, in relation to the Federation, those provisions:

                (a)    are taken not to prevent the Federation from making an application to the Commission, in its capacity as an organisation, for an order under section 133 of the RAO Schedule in relation to the Federation, other than an order that would apply to the ANF; and

               (b)    are taken not to prevent the Commission from making an order under section 133 of the RAO Schedule in relation to the Federation, in its capacity as an organisation, other than an order that would apply to the ANF.

         (4)   Subregulations (2) and (3) cease to have effect at the end of the period of 3 years after this regulation commences.


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.