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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
What these regulations do
These regulations provide the detailed operational rules for the federal workplace relations system under the Workplace Relations Act 1996. They establish the procedures for the Australian Industrial Relations Commission (the tribunal that hears workplace disputes) and the Australian Industrial Registry (which manages filings and documents).
The regulations govern how workplace agreements are made, approved, and enforced. This includes Australian Workplace Agreements (AWAs - individual contracts between one employer and one employee) and certified agreements (collective agreements covering groups of employees). They mandate specific content for these agreements, such as anti-discrimination clauses and dispute resolution procedures, and set qualifications for bargaining agents (people authorised to negotiate on behalf of parties).
For employees, the regulations create minimum entitlements regarding:
The regulations impose strict on employers. Employers must keep detailed records of hours worked, pay rates, deductions, leave entitlements, and superannuation contributions for 7 years. Different rules apply depending on whether employees work under awards (industrial tribunal decisions), AWAs, certified agreements, or (for Victorian employees) no agreement at all.
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Direct links to the current provisions in Workplace Relations Regulations 1996.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
They also establish compliance and enforcement mechanisms, including powers for inspectors to enter premises and investigate breaches, procedures for recovering unpaid wages through small claims courts (capped at $10,000), and detailed schedules of legal costs for court proceedings.
Who is affected
These regulations affect employers and employees covered by the federal workplace relations system, including Australian Public Service employees, Northern Territory employees, and Victorian employees (under State referral arrangements). They also apply to unions, employer associations, and bargaining agents who appear before the Commission or negotiate agreements.
Why it matters
These rules ensure transparency in employment relationships through mandatory documentation, provide safety nets for employees facing termination or adopting children, and create the administrative framework for resolving industrial disputes. The regulations also manage complex cooperative federalism arrangements, allowing States to integrate their industrial relations systems with the federal scheme through technical legislative modifications.