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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
At present, industrial matters are dealt with by the Coal Industry Tribunal
and Local Coal Authorities, under powers conferred by legislation of the
Commonwealth and the State. That legislation (contained in the Coal
Industry Acts) jointly creates and confers functions and powers on the Coal
Industry Tribunal and Local Coal Authorities. The adoption of this joint
scheme overcame constitutional problems based on the limitation of
Commonwealth legislative power, which is restricted to conciliation and
arbitration for the prevention and settlement of disputes extending beyond
the limits of any one State: Commonwealth Constitution, section 51 (xxxv).
Under new arrangements, the Coal Industry Tribunal and the Local Coal
Authorities will be abolished. It is proposed that industrial functions and
powers will instead be exercised by the Australian Industrial Relations
Commission. This will be achieved by the joint operation of this Bill and the
Industrial Relations Legislation Amendment Act (No 2) 1994 of the
Commonwealth.
Clause 2 provides that the proposed Act will commence on a day or days
to be proclaimed.
Clause 3 is a formal provision that gives effect to the Schedule of
amendments.
Schedule 1
Amendments
Schedule 1 (1) inserts definitions that are used in provisions to be inserted in
the Principal Act.
Schedule 1 (2) omits definitions that will no longer be used in the Principal
Act.
Schedule 1 (3) omits Part 7 of the Principal Act. That Part deals with
industrial matters in the coal mining industry. It sets up and confers
functions and powers on the Coal Industry Tribunal and Local Coal
Authorities.
Schedule 1 (4) inserts a new Part 7A into the Principal Act. That Part will
deal with industrial matters in the coal mining industry, but in a different
way from that provided by Part 7, which will be repealed by the proposed
Act. The new Part contains the following provisions:
·
Proposed section 54B. This section applies the Industrial Relations
Act 1988 of the Commonwealth (together with relevant rules of court
and regulations), as in force for the time being, as a law of the State
for the purpose of enabling the Australian Industrial Relations
Commission to exercise functions in the coal mining industry for
purely intrastate purposes. This provision is contemplated by item 8 of
Schedule 1 to the Industrial Relations Legislation Amendment Act
(No 2) 1994 of the Commonwealth. The section also provides for the
modification of the 1988 Act by regulation: modification of the 1988
Act is contemplated by the 1994 Commonwealth Act. The section also
provides for the applied provisions of Commonwealth legislation to be
interpreted in accordance with Commonwealth rather than State
interpretation legislation.
· Proposed section 54C. This section provides that State tribunals can
deal with matters in the coal mining industry, but federal awards
prevail over State awards or orders.
Explanatory note page 2
· Proposed section 54D ensures that the Industrial Relations Court of
Australia can exercise its jurisdiction in relation to new and existing
awards under the applied provisions.
Schedule l (5) and (8) relocate the provisions of clause 10 of Schedule 1 to
the Principal Act, dealing with the power to make regulations of a savings or
transitional nature, and extend it to cover matters arising from the passing of
the proposed Act.
Schedule 1 (6) renumbers a clause of Schedule 1 to the Principal Act, to
make way for the relocated clause 10, as mentioned above.
Schedule l (7) omits clause 2 of Schedule 1 to the Principal Act. That
clause continued Local Coal Authorities in existence following amendments
made in 1992. The clause is spent, and superfluous in light of the proposed
abolition of such authorities.
Schedule 1 (8)--see Schedule 1 (5) above.
Schedule 1 (9) inserts savings and transitional provisions consequent on the
passing of the proposed Act. These include the following:
·
Proposed clause 11. This clause treats existing awards and orders of
the Coal Industry Tribunal (and certain other decisions and
agreements) made under State legislative power as awards of the
Australian Industrial Relations Commission. This provision is
contemplated by item 15 of Schedule 1 to the Industrial Relations
Legislation Amendment Act (No 2) I994 of the Commonwealth.
· Proposed clause 12. This clause treats matters pending before the
Coal Industry Tribunal or a Local Coal Authority under State
legislative power as matters pending before the Australian Industrial
Relations Commission. This provision is contemplated by item 17 of
Schedule 1 to the Industrial Relations Legislation Amendment Act
(No 2) 1994 of the Commonwealth.
Explanatory note page 3