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Industrial Relations Act - Australian Industrial Relations Commission and Australian Industrial Registry - Report - 1993-94


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■ 9 M P

....

A u s t r a l i a n

I N D U S T R I A L R E L A T I O N S

C O M M I S S I O N

A N N U A L R E P O R T

A U S T R A L I A N

I N D U S T R I A L

R E G I S T R Y

A N N U A L R E P O R T

1 9 9 3 - 9 4

A N N U A L R E P O R T OF THE P R E S I D E N T

OF THE

A U S T R A L I A N I N D U S T R I A L R E L A T I O N S C O M M I S S I O N

and

A N N U A L R E P O R T

OF T HE

A U S T R A L I A N I N D U S T R I A L R E G I S T R Y

1 JU L Y 1993 TO 30 JUNE 1994

© Commonwealth of Australia 1994

ISSN 0519 -590X

[Annual Report of the President of the Australian Industrial Relations Commission]

ISSN 1035-9192

[Annual Report of the Australian Industrial Registry]

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without written permission from the Australian Government Publishing Service. Requests and enquiries concerning reproduction and rights should be addressed to the Manager, AGPS Press, GPO Box 84, Canberra, ACT 2601.

Printed in Australia by Australian Government Publishing Service

A t

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

The Honourable Laurie Brereton, MP Minister for Industrial Relations, Parliament House, CANBERRA, ACT 2600

My dear Minister,

I am pleased to present to you the Annual Report o f the Australian Industrial Relations Com mission for the period 1 July 1993 to 30 June 1994.

Yours sincerely,

PRESIDENT'S CHAMBERS

80 William Street, East Sydney, NSW. 2011 Telephone: (02) 332 0666 Fax: (02) 331 6962

Deirdre O ’Connor President

30 September 1994

i f e

AUSTRALIAN INDUSTRIAL REGISTRY PRINCIPAL REGISTRY

The Honourable Laurie Brereton, MP Minister for Industrial Relations, Parliament House, CANBERRA, ACT 2600

Dear Minister,

In accordance with subsection 25(6) and the requirements referred to in subsection 25(7) o f the Public Service Act 1922, and subsection 66(1) o f the Industrial Relations A ct 1988, 1 am pleased to present you with the Annual Report o f the Australian Industrial Registry for the year ending 30 June 1994.

This annual report has been prepared under subsection 9B(2) o f the Public Service Act 1922.

You would be aware that subsection 25(8) o f the Public Service A ct 1922 requires you to cause a copy o f the report to be laid before each House of the Parliament within 15 sitting days after the day on which you receive this report.

Yours sincerely,

Mike Kelly V

Industrial Registrar

30 September 1994

Nauru House. 80 Collins Street. Melbourne. G.P.O. Box 1994S. Melbourne. Vic. 3001

C O N T E N T S

REPORTING APPROACH................................................................................................... ix

CONTACT OFFICER FOR ENQUIRIES OR COMMENTS............................................ x

CHAPTER 1 - ANNUAL REPORT OF THE PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COM M ISSION................1 OBITUARY - THE HONOURABLE JUSTICE BARRY MADDERN............................3 INTRODUCTION................................................................................................................... 7

LEGISLATION........................................................................................................................7

Enterprise Bargaining/Bargaining Division....................................................................7

Unfair Dismissals...............................................................................................................8

Review of A w ards.............................................................................................................8

Equal P ay ............................................................................................................................8

MEMBERSHIP....................................................................................................................... 9

Presidential Appointments................................................................................................9

Senior Deputy Presidential Appointments......................................................................9

Dual Appointments..........................................................................................................10

Retirements, Resignations, etc........................................................................................ 10

WORK OF THE COMMISSION.........................................................................................11

Review of Wage Fixing Principles................................................................................11

Assignment of Panels...................................................................................................... 11

Statistics on the Activities of the Commission..............................................................11

RELATIONSHIP WITH STATE INDUSTRIAL TRIBUNALS..................................... 12

CONCLUSION.......................................................................................................................12

MEMBERSHIP OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION AS AT 30 JUNE 1994....................................................13

STATISTICS ON THE ACTIVITIES OF THE COMMISSION..................................... 14

PANEL ASSIGNMENTS AS AT 30 JUNE 1994.............................................................29

CHAPTER 2 - ANNUAL REPORT OF THE AUSTRALIAN INDUSTRIAL R EG ISTR Y ............................................ 33

THE YEAR IN SUMMARY............................................................................................... 35

REGISTRY OVERVIEW.................................................................................................... 37

Introduction .....................................................................................................................37

Corporate P la n ................................................................................................................ 38

SOCIAL JUSTICE................................................................................................................ 40

ACCESS AND EQ U ITY ..................................................................................................... 41

REGISTRY STRUCTURE.................................................................................................. 42

Organisation Structure................................................................................................... 42

Organisational Changes................................................................................................. 43

Senior Executive Service Information..........................................................................43

PERFORMANCE REPORTING.........................................................................................44

Overview.......................................................................................................................... 44

State and Territory Registries........................................................................................46

Principal Registry - Organisations Branch................................................................... 46

Contents continued....

Principal Registry - Corporate Services B ranch......................................................... 50

Coal Industry Tribunal - Administrative Support.......................................................57

INTERNAL AND EXTERNAL SCRUTINY.................................................................... 59

Auditor-General's Report................................................................................................59

Fraud Control.................................................................................................................. 59

EQUAL EMPLOYMENT OPPORTUNITY (EEO) ......................................................... 61

INDUSTRIAL DEMOCRACY (I D )...................................................................................65

CONSULTATION................................................................................................................. 67

Registry Consultative Com mittee..................................................................................67

Registry Occupational Health and Safety C om m ittee................................................ 67

Staff Development and Training Advisory Com m ittee.............................................. 68

Registry Information Technology Committee............................................................. 68

Registrars' Conferences................................................................................................... 68

OCCUPATIONAL HEALTH AND SAFETY (O H & S)...................................................69

FREEDOM OF INFORMATION (FOI) STATEMENT...................................................71

ADVERTISING AND MARKET RESEARCH.................................................................73

PERFORMANCE APPRAISAL AND PAY...................................................................... 74

APPENDIX 1 Checklist o f Departmental Reporting Requirements - Compliance Index............... 75 APPENDIX 2 Checklist o f Statutory Authority Reporting Guidelines.............................................. 77

APPENDIX 3 Major Documents Contributing to An Understanding of the Work of the Australian Industrial Relations Commission, the Coal Industry Tribunal and the Australian Industrial Registry...................................79

APPENDIX 4 Australian Industrial Registry Corporate Plan 1993-94 to 1995-96.......................... 81 APPENDIX 5 Australian Industrial Registry Staffing Arrangements as at 30 June 1994.............. 85 APPENDIX 6

Publications and Subscription Services Available from the Australian Industrial Registry.........................................................................................89

APPENDIX 7 Financial Statements 1993-94.........................................................................................91

APPENDIX 8 Addresses of the Commission and R egistry............................................................... 109

Addresses of the Tribunal and Local Coal Authorities..............................................110

APPENDIX 9 Glossary of Abbreviations and Acronyms...................................................................I l l

INDEX...................................................................................................................................113

viii

This document, for the first time, combines the annual reports of the President of the Australian Industrial Relations Commission (the Commission) and the Australian

Industrial Registry (the Registry) in the one cover.

The President’s report on the operations of the Commission for the 1993-94 year is provided pursuant to section 49 of the Industrial Relations Act 1988 (the Act) and the Registry’s report pursuant to section 66 of the Act.

In addition, the Annual Report of the Registry has been prepared in accordance with the Requirements for Departmental Annual Reports approved by the Joint Committee of Public Accounts under subsection 25(7) of the Public Service Act 1922 on 17 March 1994.

Under section 63 of the Act the Registry is required to provide administrative support to the Commission and under section 78C of the Act is required to provide administrative support to the Coal Industry Tribunal (the Tribunal) and Local Coal Authorities.

The Commission and the Registry are a composite sub-program within the Industrial Relations portfolio program structure. Information in accordance with the annual reporting guidelines for both the Commission and Registry is contained in this report. For specific information on compliance with the guidelines see Appendices 1 and 2.

The structure of this document is that it contains a common contents and index. Chapter 1 contains the President’s report and Chapter 2 the Registry’s report.

R E P O R T I N G A P P R O A C H

Following are details of the C O N T A C T O F F I C E R F O R

contact officer to whom E N Q U I R I E S O R C O M M E N T S

enquiries regarding the Annual Reports, including those from Members of Parliament and Senators regarding further information, may be addressed.

Name: Michael Kelly

Title: Industrial Registrar

Address: Level 35

Nauru House

80 Collins Street

MELBOURNE VIC 3000

OR

GPO Box 1994S

MELBOURNE VIC 3001

Telephone: (03) 653 8267

Facsimile: (03) 653 8123

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

O B I T U A R Y

THE HONOURABLE JUSTICE BARRY MADDERN

The Honourable Justice Barry Maddern, Companion of the Order of Australia, was, until his

death on 14 January 1994, th e P resid en t o f th e

A u stralian In d u stria l Relations Commission.

The fo llo w in g is th e

euology given by Senior Deputy President Michael Keogh:

By his title, his Honour’s award and his office alone, Barry Maddern can be seen as a high achiever.

However, Barry had little concern for title and little concern for honours apart

from what they represented in terms of recognition of the Commission.

But he took very seriously indeed the office, its public re sp o n sib ilitie s, his

personal responsibilities as President and the positive co n trib u tio n th at the

Commission could make, had to m ake, to the

industrial and economic well-being of the Australian community. He sought and he achieved that office.

Barry Maddern was a man of exceptional talents; a man of substance. But above all, he was a good man, a compassionate man - with a firm dedication to duty and honour.

Barry was appointed President of the Australian Conciliation and Arbitration Commission (now the Australian Industrial Relations Commission) in December 1985.

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

He brought to the office a wealth of Australian industrial relations experience and knowledge gained through his work as an industrial officer at the grass roots of industrial relations; as a leading industrial barrister and advocate, for national employers; and as a Deputy President of the Commission for nearly six years.

He added further dimension to this knowledge through careful and continued study of international industrial relations systems and developments.

He also brought to the office an unsurpassed reputation for meticulous hard work and personal and professional integrity.

As President, Barry was closely involved in every aspect of the Commission’s operations. For instance, he participated in and had a significant influence on the outcome of all major cases, from which resulted many positive reforms. Under his guidance, the Federal and State industrial tribunals achieved a level of co-operation and consistency never before approached. However, I wish to deal briefly with only one very important aspect of his involvement.

When he became President, Barry had already developed firm views on the need for fundamental changes to the way industrial relations operated in Australia.

He saw them as essential in order to provide a proper and stable base so that the community could best benefit from the industrial, economic and social developments that were occurring and will continue to occur.

Unlike most, he also had well-formulated ideas about the form of those changes and how they should be brought about.

Central to the implementation of those changes was the primary requirement of the Act under which the Commission operates. That requirement, as paraphrased by Barry, is:

“to prevent and settle industrial disputes, having regard to the interests o f the persons immediately concerned and o f society as a whole. ”

Barry never ceased to press that requirement.

The proper performance of that requirement involves a balancing of interests; interests that may, and often are, in conflict to varying degrees.

It can, and often does, involve consideration of an appropriate and fair trade off between individual freedom and social justice.

Fundamental changes can rarely, if ever, be introduced effectively overnight. This is particularly so if they involve the changing of a culture. Barry knew this and adopted a “building blocks” approach to implementing the changes he saw as essential. This required foresight and patience, and Barry could be patient, as well as being more than a touch stubborn.

His success can be judged by an intelligent examination of the National Wage Case decisions made during his Presidency. He was the presiding judge in all those cases.

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

In my view, his achievements were remarkable and a credit to his wisdom, courage and patience.

However, Barry himself was not satisfied: he knew, rightly, that much remained to be done.

In the second half of 1993, Barry presided over his last National Wage Case. The decision in that case continues the thrust of the other National Wage Case decisions under his Presidency.

It does two other things: it provides clear guidance of how the changed system should continue to develop; it also gives clear warning of developments that could destroy the industrial relations stability and equity that the Commission, under Barry’s leadership, had been striving to achieve.

By the time that case was due to commence, Barry was ravaged by illness.

However, he braced himself to endure the unremitting pain he suffered and to handle the task because the job he had set out to do was not finished. He completed that case and his contribution both during it and in the settling of the decision was simply invaluable.

I have never seen anyone show anywhere near the level of personal courage and dedication to duty that Barry did in that case.

To the end he showed the leadership, the wisdom, the courage, the patience and the dignity so essential to steer the Commission, and the industrial relations parties in this country, through difficult times and problems.

I have not mentioned Barry’s humour - which he had in abundance; the close mateship he shared with many people; his interest in sport; his interest in art; his interest in the peoples and cultures of other lands.

But I must mention what he said was the great strength in his life. At his official welcome as President, Barry said:

"... let me pay tribute to three people very close to me, whose help and assistance I value highly. They, more than any others, keep my feet on the ground and they are wonderful friends. / refer, o f course, to my wife Janice, my daughter Kylie and son James. ”

Janice, Kylie and James: Barry could not have been what he was without you. He was immensely proud of you and your accomplishments. He was grateful for the love, comfort and sense of belonging that you gave him and from which he drew much of his strength. I am sure his spirit will remain with you.

By any exacting tests, Barry Maddern was a truly great Australian and yet he never saw himself as anything but an ordinary man and never lost the common touch. His example and his standards will remain to guide all of us.

May Barry’s soul now enjoy the peace that he so justly earned.

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

I N T R O D U C T I O N This Annual Report is the first which combines the reports of the Australian Industrial Relations Commission (the Commission) and the Australian Industrial Registry. It covers the period 1 July 1993 to 30 June 1994. The Report covers the

work of the Commission in a year of great change. Justice Maddern, who had been President of the Commission since 1985, died on 14 January 1994 and was replaced on 28 March 1994 by myself. In the intervening period Vice President Moore was Acting President.

The Industrial Relations Reform Act 1993, which commenced operation on 30 March 1994, has made a number of significant changes to the Industrial Relations Act 1988 (the Act), including substantial amendments to the objects of the Act.

Some of the main effects of those amendments are to increase the role of enterprise and/or workplace agreements, increase the role of conciliation, and emphasise the importance of preventing and eliminating discrimination.

ENTERPRISE BARGAINING / BARGAINING DIVISION

A new Bargaining Division of the Commission has been established by Part VIB of the Act, to encourage and facilitate the making of certified agreements and enterprise flexibility agreements.

The Enterprise Bargaining Division is responsible for:

• conciliation during the negotiation of an agreement;

• ensuring that the parties bargain in good faith during negotiation;

• certifying agreements and approving enterprise flexibility agreements;

• handling disputes regarding the application of such agreements; and

• supervising the circumstances in which industrial action related to bargaining is protected from civil liabilities.

A number of decisions have been taken in relation to the operation of the Bargaining Division:

• The Governor-General has, pursuant to section 170QC, assigned a number of members to the Bargaining Division.

• The President has, pursuant to section 170QD, made Vice President McIntyre and Commissioners Hoffman, Frawley and Harrison available to perform or exercise functions and powers of the Bargaining Division generally.

• The President has, pursuant to Section 170QG, conferred on all Members assigned or made available to the Bargaining Division all the functions and powers of a member of the Commission. This has been done to ensure that the members in the

L E G I S L A T I O N

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Bargaining Division are able to deal with both 'paid rates' and 'minimum rates' award matters within their assigned industries without disruption.

The President's powers under section 170QD will be exercised to ensure that Members not assigned or made available to the Bargaining Division are able to complete substantially part heard matters which may involve the exercise of the Bargaining Division's powers and functions. This has already been done in a number of individual cases.

The powers under section 170QD may also be used, on a case by case basis, to enable Members in the General Division to exercise Bargaining Division powers to resolve particular matters which may arise from time to time in their panels.

A new set of panel assignments has been implemented. It is proposed that these assignments will be reviewed in six months having regard to the workload being experienced in each panel.

UNFAIR DISMISSALS

The new legislation places the Commission's role in relation to unfair dismissals beyond doubt. Unless it is satisfied that it is not appropriate to do so, the Industrial Relations Court must refer unfair dismissals to the Commission for pre-litigation conciliation. Between 30 March and 30 June 1994 there were 452 references from the Industrial Court to the Commission.

REVIEW OF AWARDS

The Commission is required under section 150A of the Act to review awards in force every three years, and remedy deficiencies including obsolete or discriminatory provisions and ensure that awards are easy to understand.

EQUAL PAY

The Commission also may make orders, (upon application), to ensure that equal remuneration is received for work of equal value.

8

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

During the year there were a number of changes to the membership of the Commission:

PRESIDENTIAL APPOINTMENTS

The Honourable President O'C onnor was appointed on 28 March 1994. She previously held positions of Judge, Federal Court of Australia; President, Administrative Appeals Tribunal; President of Security Appeals Tribunal; Member, Administrative Review Council; President, National Native Title Tribunal. Other appoinments included Chairman, Australian

Broadcasting Tribunal 1986-1990; Commissioner, NSW Law Reform Commission 1983­ 1985; Barrister (NSW); Lecturer and Senior Lecturer in Law, Macquarie University 1975­ 1980; Lecturer in Law, University of NSW 1974-1975.

President O’Connor holds a Bachelor of Arts, University of Sydney; Bachelor of Laws (Honours), University of Sydney; Diploma of Education, University of New England.

The Honourable Vice President R oss was appointed on 28 March 1994. He previously held positions of Assistant Secretary of the Australian Council of Trade Unions; Legal Officer and Industrial Officer.

Vice President Ross holds a Bachelor of Economics, University of Sydney; Bachelor and Master of Laws, University of Sydney; Master of Business Administration, Monash University.

The Honourable Vice President McIntyre was appointed on 30 March 1994. He previously was a Partner, Blake Dawson Waldron, Solicitors from 1962 where he specialised in industrial and employment law appearing before the Federal Commission and NSW Industrial Relations Commission.

Vice President McIntyre holds a Bachelor of Arts, Bachelor of Laws (Honours), University of Sydney.

The Honourable Deputy President Drake was appointed on 28 March 1994. She previously was a Partner, MacMahon and Drake, Solicitors.

Deputy President Drake holds a Bachelor of Laws, University of Sydney; Graduate Diploma in Labour Relations and the Law.

SENIOR DEPUTY PRESIDENTIAL APPOINTMENTS

The Honourable Deputy P resid en t MacBean was appointed as Senior Deputy President on 4 March 1994.

The Honourable Deputy President Polites was appointed as Senior Deputy President on 4 March 1994.

M E M B E R S H I P

9

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

DUAL APPOINTMENTS

The Honourable Deputy P resident Hall was appointed as Deputy President on 27 July 1993. He previously was a Deputy President of the Commission from 6 September 1992 to 28 February 1993 prior to being appointed as Chief Industrial Commissioner of the Industrial Relations Commission of Queensland on 1 March 1993.

Commissioner Bloomfield was appointed as Commissioner on 27 July 1993. His primary appointment is with the Industrial Relations Commission of Queensland.

RETIREMENTS, RESIGNATIONS, ETC.

The Honourable Vice P resident Moore was appointed to the Industrial Relations Court on 30 March 1994.

C om m issioner Fogarty resigned on 27 May 1994. He was appointed to the Commission on 25 May 1987.

Com m issioner Perry resigned on 24 June 1994. His primary appointment was with the South Australian Industrial Commission.

The Honourable Ju stice Maddern, President of the Commission, passed away on 14 January 1994 after a long illness.

Justice Maddern had a long and distinguished career working in the industrial relations field and made a very substantial and important contribution to Australian industrial relations during a period of dramatic change.

10

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

In recognition of his wide experience in industrial relations as a respected advocate, he was appointed as a Deputy President of the then Australian Conciliation and Arbitration Commission in 1980. He became the youngest President of the Commission in 1985, and was re-appointed to that position with the establishment of the Australian Industrial Relations

Commission in 1988. He played a significant role in some of the most important changes to industrial relations in this country. The eulogy given by Senior Deputy President Keogh at Justice Maddern’s funeral has been reproduced at the beginning of this report.

A complete list of the membership of the Commission as at 30 June 1994 is at p. 13 of this report.

In a statement released on 13 April 1994, it was announced that the Family Leave Test Case, following an ACTU application, would be dealt with by a full Bench comprising myself, Vice President Ross, Senior Deputy President Marsh, Commissioner McDonald and Commissioner Holmes. This matter is to be heard in August. At this time, it was also announced that the role of the Commission in relation to superannuation would be determined by a full bench comprising myself, Vice President McIntyre, Senior Deputy President Polites, Deputy

President Acton and Commissioner Merriman.

Full benches have also been constituted to deal with test cases seeking to implement a National Training Wage and a Supported Wage System.

REVIEW OF WAGE FIXING PRINCIPLES

Having regard to the amendments to the Act introduced by the Industrial Relations Reform Act 1993, and in the light of experience since the October 1993 Review o f Wage Fixing Principles decision, it is apparent that the current Wage Fixing Principles need to be reviewed. In this context the threshold issues which need to be addressed are the nature

of the wages system to be adopted and whether there is a need for a prescriptive set of wage fixing principles at all. Subject to the answers to the above questions, changes may need to be made to the current principles and new principles may be needed.

A number of conferences have already been scheduled in relation to this matter, with hearings commencing on 29 June 1994.

ASSIGNMENT OF PANELS

The assignment of industry panels as at 30 June 1994 is at pp.29 - 31 of this report.

STATISTICS ON THE ACTIVITIES OF THE COMMISSION

Statistics relating to the work of the Commission for the reporting period can be found at pp. 14 - 28 of this report.

W O R K O F T H E C O M M I S S I O N

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Justice Maddern R E L A T I O N S H I P W I T H S T A T E

had a close and I N D U S T R I A L T R I B U N A L S

important relationship with the Heads of the State Industrial Tribunals. During the period 28 March to 30 June 1994 I continued his practice of meeting with the Heads of Tribunals and we had a productive meeting on 29 April 1994. I propose to continue these meetings at regular intervals.

This year of great change and sorrow, with C O N C L U S I O N

new legislation, the loss of a respected President and three senior appointments to the Commission, namely myself and the two Vice Presidents, has taxed the stability of the Commission. In my opinion, however, the Commission is coping well with the important challenges now before it. The next reporting year will be able to measure the effect of these changes more fully.

12

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

M E M B E R S H I P O F T H E

A U S T R A L I A N I N D U S T R I A L

R E L A T I O N S C O M M I S S I O N

A S A T 3 0 J U N E 1 9 9 4

H o n . P r e s i d e n t D . F . O ’ C o n n o r ( S )

H o n . V i c e P r e s i d e n t I . J . K . R o s s ( S )

H o n . V i c e P r e s i d e n t A . W . D . M c I n t y r e ( S )

H o n . J u s t i c e E . A . E v a t t A O ( o n l e a v e ) H o n . J u s t i c e B . C . S t a n l e y * ( A )

H o n . S e n i o r D e p u t y P r e s i d e n t M . B . K e o g h ( M ) H o n . J u s t i c e W . K . F i s h e r A O * ( S )

H o n . J u s t i c e A . J . B o u l t o n ( M ) H o n . D e p u t y P r e s i d e n t F . D . W e s t w o o d * ( H )

H o n . S e n i o r D e p u t y P r e s i d e n t J . M . R i o r d a n ( S ) H o n . D e p u t y P r e s i d e n t W . S . C o l e m a n * ( P )

H o n . J u s t i c e P R . M u n r o ( S ) H o n . D e p u t y P r e s i d e n t I . R . W a t s o n ( M )

H o n . S e n i o r D e p u t y P r e s i d e n t K . J . H a n c o c k A O ( A ) H o n . D e p u t y P r e s i d e n t A . H a r r i s o n ( A )

H o n . S e n i o r D e p u t y P r e s i d e n t J . M a r s h ( M ) H o n . D e p u t y P r e s i d e n t S . W i l l i a m s ( M )

H o n . S e n i o r D e p u t y P r e s i d e n t J . W . M a c B e a n A M ( S ) H o n . J u d g e F . K . C a w t h o r n e * ( A )

H o n . S e n i o r D e p u t y P r e s i d e n t C . G . P o l i t e s ( M ) H o n . J u d g e J . P . M c C u s k e r * ( A )

H o n . D e p u t y P r e s i d e n t J . M a h e r ( M )

H o n . J u d g e H . W . P a r s o n s * ( A )

H o n . D e p u t y P r e s i d e n t J . M . A c t o n ( M )

H o n . D e p u t y P r e s i d e n t D . R . H a l l * ( B )

H o n . D e p u t y P r e s i d e n t L . E . C . D r a k e ( S )

R . G . S w e e n e y ( S ) G . J . H a r r i s o n ( S ) R . W . B o u g o u r e * ( B )

R . F . M e r r i m a n ( M ) J . W . L . S i m m o n d s ( M ) G . K . F i s h e r * ( B )

J . W . C r o s s ( A ) P . A . L a w s o n ( S ) H . D e m p s e y * ( B )

P . A . C o x ( S ) M A G . G a y ( M ) R . E . B e c h l y * ( B )

P I . N o l a n ( M ) D A . H o f f m a n ( B ) D . A . S w a n * ( B )

F . E . P a l m e r ( B ) K . J . M c D o n a l d ( M ) J . P . O ’ S h e a ( M )

G . A . G r i m s h a w ( M ) G . G . H a l l i w e l l * ( P ) B . J . N u t t e r * ( B )

P . L . L e a r y ( S ) J . F . G r e g o r * ( P ) D . B . F o g g o ( M )

F . E . P e t e r s o n O A M ( S ) E . R . H o d d e r ( S ) R . S . J o n e s ( S )

R . S . L a i n g ( P ) K . J . B a c o n ( B ) J . G . H o l m e s ( M )

G . R . S m i t h ( M ) G . M . S t e v e n s * ( A ) W . D . B l a i r ( M )

J . C . W . L e w i n ( A ) R . W . F a i r w e a t h e r * ( A ) J . K . B r y a n t ( P )

B . J . F r a w l e y ( M ) M . G . G . M c C u t c h e o n * ( A ) A . L . B l o o m f i e l d * ( B )

J . O l d m e a d o w ( M ) K . L . E d w a r d s * ( B )

( A ) b a s e d i n A d e l a i d e ( B ) b a s e d i n B r i s b a n e ( H ) b a s e d i n H o b a r t

( P ) b a s e d i n P e r t h ( S ) b a s e d i n S y d n e y * d u a l a p p o i n t e e s

( M ) b a s e d i n M e l b o u r n e

13

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

S T A T I S T I C S O N T H E A C T I V I T I E S

O F T H E C O M M I S S I O N

General S ta te m e n t of B u s in e s s of the C o m m issio n for the Period 1 July 1993 to 30 J u n e 1994

Table 1: Total Matters Lodged/Nature o f Proceedings

PART A - TOTAL MATTERS LODGED...............................................................9,818

PART B - NATURE OF PROCEEDINGS:

Actions on Commission's own motion (s.3 3 )............................................................... 6

References by Registrar to Commission (s.7 9 )............................................................0

Appeals from a Registrar (s.81) .................................................................................... 2

Notifications of disputes (s.99)* ............................................................................. 3,624

# Applications to revoke finding of disputes (s. 101) .................................................... 10

Applications for orders ( s . l l l ) ................................................................................... 174

Applications for consent awards (s. 112) (Revoked).................................................... 0

Applications to vary awards (s.l 13) * * ................................................................. 1,882

Applications for certification of agreements (s.l 15) (Revoked)................................ 0

Notifications of termination of agreements (s.l 17) (Revoked).................................. 1

Notifications of demarcation disputes (s.l 18)............................................................... 1

Applications re: organisations coverage (s. 118A ).................................................... 61

Applications for compulsory conference (s.l 19) .........................................................0

Applications for preference (s. 122)............................................................................... 2

Stand-down applications (s. 126) .................................................................................. 0

Applications to review contracts (s .l27A )...................................................................12

Applications, etc. re: certified agreements (SS.134C, K, N) (Revoked)......... 1,165

Actions to order secret ballots (s. 135) .......................................................................... 0

Applications by members of organisations for secret ballots (s. 136)......................... 0

Applications for declaration of common rules (s. 141)..................................................4

Notifications of disputes relating to boycotts (s. 157) (Revoked)............................... 0

# Notifications of disputes relating to boycotts (S.163A) .............................................. 8

# Notices of restriction on certain actions in tort (s. 166A )........................................... 4

# Applications for employment termination orders (s. 170FB)........................................2

# Applications for orders to consult unions (s. 170GB) ................................................... 5

# Applications for certification, extension, variation and termination of agreements (ss.l70MA, MJ, ML, M N ).............................................................. 378

14

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Table l continued....

# Applications for enterprise flexibility agreements (S.170NA)............................... 14

tf Notices of initiation of bargaining period (S.170PD) ........................................2,142

# Suspension or termination of bargaining period (s. 170PO)

# Requests for conciliation re: proposed agreements (S.170QH)............................ 66

Notifications and applications in respect of breaches of bans clauses (s. 181)....... 2

Appeals from decisions of a Board of Reference...................................................... 4

Full Bench matters:* * * * ***

Notices of Appeal (s.4 5 ).....................................................................149

Certain matters to be dealt with by a Full Bench (s. 106).................. 7

Reference to a Full Bench (s. 107).....................................................193

Reference to a Full Bench (s.108)........................................................ 52

Reference to a Full Bench (s. 115) (Revoked) ..................................... 0

Applications that a State Authority be restrained from dealing with certain matters (s. 128)....................................................... 8

Application for review of agreement by Minister (s. 134M(2) (b)) (Revoked) .................................................................................................. 6

Application for cancellation and suspension of awards and orders (s.187)........................................................................................._16_

431

Matters relating to State Industrial Tribunals:

References to dual appointees (s.3 6 ).................................................. 14

References of disputes/applications by State Industrial Tribunals for allocation (s.173).............................................................. 0

References of disputes/applications to State Industrial Tribunals for allocation (s.174).............................................................. 2

Joint proceedings with State Industrial Tribunals (s. 175)...................0

16

Organisations matters****.........................................................................................87

# References from the Industrial Relations Court of Australia to the Commission for conciliation re: unlawful termination, "U" matters (S.170ED)............................................................................................ 452

# New sections o f Act

* See analysis by subject matter in Table 2 .

** See analysis by subject matter in Table 3 .

*** See analysis o f Full Bench matters notified/referred, listed and determined in Table 4 .

****See analysis by subject matter in Table 5 .

15

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C 3 Ω, Φ

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σ φ ’ ο

2 0) 3 φ

ζ ο C ω Η

> Γ" 73 m

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> Γ~ 73 m

TJ Ο 73 -1

03 CD

AUS T R AL I AN

Not

Other Finalised

K >

a B

CO

C O

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 19

>

c

cΓ) H 73 >

r~ > z z

o c ω H

73 > r~ 73

m r~ > H

o z ω o

O

ω ω Ο z

> z z c

>

Table 2 continued...

£ s K)

r> O 5 a. s s a.

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

< 5*

I 55

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Not

Other Finalised

No Further Action Needed

Subject Matter Award Variation

Notifications Made Order Decision

ALLOWANCE camping ALLOWANCE clothing

ALLOWANCE construction site

ALLOWANCE disability

ALLOWANCE first aid

ALLOWANCE higher duties

co .< ALLOWANCE higher level work - mixed functions ALLOWANCE leading hand

ALLOWANCE living away front home

->■

ALLOWANCE locality

cr -·

ALLOWANCE meal

103 ALLOWANCE miscellaneous σ

ALLOWANCE on call ίί o

ALLOWANCE reimbursement of expenses

3 - 3 ALLOWANCE tool ALLOWANCE travel

AWARD RESPONDENCY HANS CLAUSE

CERTIFIED AGREEMENTS

CLASSIFICATIONS

COMMON RULE

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 19

Not

Other Finalised

No Further Action Needed

Subject Matter Award Variation

Notifications Made Order Decision

CONDITIONS OF EMPLOYMENT

EMPLOYEE DISCIPLINE disciplinary procedures

EMPLOYEE DISCIPLINE miscellaneous

EMPLOYEE DISCIPLINE penalties

EMPLOYEE DISCIPLINE suspension of employee

EMPLOYMENT casual

EMPLOYMENT contract labour/contractor(s)

EMPLOYMENT juniors EMPLOYMENT miscellaneous

EMPLOYMENT outworker EMPLOYMENT part-time

EMPLOYMENT permanent

EMPLOYMENT probationary EMPLOYMENT temporary

EMPLOYMENT transfer of employment

CRIEVANCE PROCEDURES

HEALTH AND SAFETY accident pay

HEALTH AND SAFETY amenities

HEALTH AND SAFETY miscellaneous

HEALTH AND SAFETY protective clothing

HOURS OF WORK miscellaneous

REPORT 19

Not

Decision Other Finalised

No Further Action Needed

Subject Matter Award Variation

Notifications Made Order

HOURS OF WORK overtime

HOURS OF WORK rest periods

HOURS OF WORK rostered day off

HOURS OF WORK rosters HOURS OF WORK shift work

HOURS OF WORK spread of hours

HOURS OF WORK standard hours

LEAVE adoption

LEAVE annual

LEAVE compassionate

LEAVE for union business

LEAVE long service

LEAVE maternity

LEAVE miscellaneous

LEAVE parental

LEAVE paternity

LEAVE public holidays 409 122 152 113

LEAVE sick

LEAVE special

LEAVE study assistance

LEAVE trade union training authority

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Not

Other Finalised

No Further Action Needed

Subject Matter Award Variation

Notifications Made Order Decision

LEAVE without pay

ORGANISATIONS change of name OTHER 115 211

RIGHT OF ENTRY

STAFFING LEVELS

STAND-DOWN

STRIKE PAY

SUPERANNUATION

TERMINATION OF EMPLOYMENT miscellaneous

TERMINATION OF EMPLOYMENT employment protection

TERMINATION OF EMPLOYMENT redundancy

TERMINATION OF EMPLOYMENT unfair dismissal

TRADE UNION MEMBERSHIP demarcation

TRADE UNION MEMBERSHIP miscellaneous

TRADE UNION MEMBERSHIP non-union labour

TRADE UNION MEMBERSHIP preference

TRADE UNION MEMBERSHIP union coverage

TRAINING

TRAINING apprenticeship

TRAINING apprenticeship indentures

TRAINING apprenticeship probation

£· Uj < ■ > e

s

a

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

S3 U > r> © I. s RR, C D

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 19'

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Table 4: Full B ench Matters

Pursuant to section 45 149 113 78

Pursuant to section 106 7 8 1

Pursuant to section 128 8 8 6

Pursuant to section 187 16 3 0

Applications referred by President to a Full Bench:

Pursuant to section 107 193 188 205

Pursuant to section 108 52 52 0

Pursuant to section 115 (Revoked) 0 0 0

Pursant to section 134M(2)b 6 3 3

TOTAL 431 375 293

26

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Table 5: O rg an isatio n s Matters: 1 July 1993 - 30 J u n e 1994

Referral of orders to a designated Presidential Member pursuant to s.118A(5) 19 20 17

Applications for registration s.188 2 5 1

Review of registration of small organisations - stage 1 s.193 8 12

- stage 2 s.193 A - 30 30

Lodgment of agreements made with State registered unions s.202 13 7 7

Applications for change of name s.204 8 6 8

Applications re eligibility s.204 22 16 21

Applications for recognition as a federation s.236(7) 1 1 1

Applications for a variation of a federation s.236(7) 1 1 1

Applications for a community of interest declaration s.241 10* 10* 10*

* ( i n c l u d e s t h o s e m a t t e r s l o d g e d j o i n t l y w i t h s . 2 4 2 )

Applications for approval for submission of amalgamation to ballot s.242 7 9 12

Applications for amalgamation with an associated body s.293 1 - -

Applications for cancellation of registration s.296 3 1 2

TOTAL 87 114 122

27

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

Table 6: Matters Determined

Nature of Proceedings

Awards m ade.................................................................................................................... 490

Agreements certified/approved s.115 (Revoked).............................................................................................................. 2

S.134C (Revoked) ................................................................................................. 1,165

S.170MA................................................................................................................ 164

S.170NA................................................................................................................... 5

Variations m ad e......................................................................................................... 1,679

Full Bench matters determined * ................................................................................ 293

Organisations matters determined **..........................................................................122

Appeals from decisions of a Registrar............................................................................2

Matters settled amicably or in which no further action required................... 1,257

Declaration of Common R u le........................................................................................... 2

Awards/agreements set a sid e ......................................................................................... 24

Decisions on other m atters........................................................................... 2,057

TO TA L .........................................................................................................................7,262

See Table 4: Full Bench matters See Table 5: Organisations matters

Table 7: Matters Signed by the C om m ission 1 July 1992 to 30 J u n e 1994

28

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

P A N E L A S S I G N M E N T S

A S A T 3 0 J U N E 1 9 9 4

General Division Bargaining Division

Vice President McIntyre Vice President Ross*

Commissioner Bacon* Commissioner Merriman*

Brickmaking industry Chemical industry

Cemetery operations Liquor and accommodation industry

Cleaning services Tourism and travel industry

Diving services Funeral directing Gardening services Hairdressing services

Industries not otherwise assigned Painting industry Pharmacy operations

Organisations Panel:

Vice President McIntyre Justice Boulton Justice Munro Deputy President Williams

Justice Boulton Senior Deputy President Keogh*

Commissioner Grimshaw Commissioner Laing*

Commissioner Leary Commissioner Hoffinan

Business equipment industry Aluminium industry

Private transport industry Catering industry

Sanitary and garbage disposal services Coal treatment industry Security services Cocos (Keeling) Islands

Mining industry Northern Territory Northern Territory administration Quarrying industry

Uranium mining (including construction)

* A s s i g n e d t o t h e B a r g a i n i n g D i v i s i o n

29

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

General Division Bargaining Division

Justice Munro Senior Deputy President Riordan*

Commissioner Peterson Commissioner Frawley

Commissioner Holmes * Commissioner O ’Shea*

Graphic arts Educational services

Journalism Federal police operations

Printing industry Fire fighting services

Publishing industry Health and welfare services

Scientific services Technical services

Senior Deputy President Hancock Senior Deputy President Polites*

Commissioner Cross Commissioner Harrison

Commissioner McDonald* Commissioner Blair*

Brush and broom making industry Arts administration Furnishing industry Electrical power industry

Glue and gelatine industry Entertainment and broadcasting industry

Public transport industry Grain handling industry

Mannequins and modelling industry Maritime industry Oil and gas industry Port and harbour services

Senior Deputy President Marsh Deputy President Watson*

Commissioner Simmonds * Commissioner Gay*

Commissioner Hodder*

Agricultural implement manufacturing Glass industry industry Paint manufacturing

Brass, copper and non-ferrous metals Paper products industry industry Rope, cordage and thread industry

Engine drivers and firemen Rubber, plastic and cable making industr}

Jewellery manufacturing industry Saddlery, leather and canvas industry Metal industry Timber industry

Shipbuilding industry Vehicle industry

Space tracking industry Storage services Watchmaking

* Assigned to the Bargaining Division

30

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION ANNUAL REPORT 1993-94

General Division Bargaining Division

Senior Deputy President MacBean Deputy President Harrison*

Commissioner Nolan Commissioner Jones*

Commissioner Cox* Commissioner Smith*

Building, metal and civil construction industries Cement and concrete products Electrical contracting industry

Gypsum, plaster board and plaster of paris manufacturing industry Insulation materials manufacturing Plumbing industry

Commonwealth employment Communications industry Postal services State government administration

Telecommunications services

Deputy President Williams* Deputy President Acton*

Commissioner Sweeney Commissioner Oldmeadow

Agricultural industry Clothing industry Dry cleaning and laundry services Food, beverages and tobacco industry Grocery products manufacture

Pet food manufacturing Textile industry Wool industry

Commissioner Palmer* Commissioner Foggo*

Aircraft industry Airline operations Airport operations Pharmaceutical industry

Photographic industry Wholesale and retail trade

Deputy President Maher* Deputy President Drake*

Commissioner Lawson Commissioner Lewin*

Commissioner Bryant*

Banking services Clerical industry Data processing industry Finance and investment services

Health insurance industry Insurance industry Market and business consultancy services Meat industry

Defence support Library services Local government administration Water, sewerage and drainage services

* Assigned to the Bargaining Division

31

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

D uring the rep o rtin g period Registry staff were saddened by the death after a long illness of the Honourable Justice Barry Maddern, President of the

Commission.

The Registry managed significant change during the period including preparation for and implementation of administrative arrangements for the Industrial Relations Reform Act 1993. The Registry welcomed new President, Federal Court Judge, Justice Deirdre O’Connor, two new Vice Presidents, Mr. Iain Ross and Mr. Anthony McIntyre and Deputy

President Lea Drake. In addition the Industrial Registrar, Ms. Barbara Deegan, was appointed as the Australian Government Special Labour Advisor at the International Labour Organisation in Geneva.

An “Outlook for 1993-94” for the Registry was published in the Program Performance Statements for the Industrial Relations Portfolio 1993-94 (p. 61). Highlights of the Registry’s achievements during the period are set out below:

• Major amendments to the Act had a significant effect on the workload of the Registry in respect of new procedural arrangements, redesign of the automated casetracking system and an extensive training and awareness program;

• The Registry participated in three Federal/State co-operative projects:

o Preparations for the physical co-location of the Queensland Industrial Relations Commission and the Australian Industrial Relations Commission;

Examining options for a common industrial relations information technology system for the Federal and State Industrial Registries;

Examining the possibility for full integration of the Registry of the South Australian Industrial Court and Commission with the Federal Registry;

• The review of rules of registered organisations under section 203 of the Act was finalised:

=> action is continuing in relation to the outcomes of that review;

• Amalgamations of organisations continued, notifications of elections and lodgments of audited financial statements decreased.

• The Registry made further progress on the transition to a personal computer environment:

o 64% of 386 terminals have independent processing capacity;

o staff participated in 656 technology training days;

• A new Corporate Information Technology Plan for 1993-94 to 1995-96 was drafted;

• Introduction of a computerised personnel management system (NOMAD) was approved;

T H E Y E A R I N S U M M A R Y

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Media liaison services were officially launched in September 1993 to provide a range of information on the Commission:

=> there has been a marked increase in the number of media enquiries;

Preparations for the relocation of the Registries located in Queensland, Western Australia and the Northern Territory took place;

Significant enhancements to the Registry’s stores and asset management systems were made;

Pursuant to s. 151 of the Act the Registry identified 533 awards as requiring further action by a Registrar to assess their continuing operation.

36

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

R E G I S T R Y O V E R V I E W

INTRODUCTION

The Registry commenced operations on 1 March 1989, the date that the Act came into force after receiving Royal Assent on 8 November 1988. It is provided for by subsection 62(1) of the Act.

Broadly, the Registry is required to:

• Act as the Registry for and provide administrative support to the Commission and the Tribunal.

• Perform a range of functions and discharge statutory responsibilities conferred on the Registry by the Act and public service administrative legislation.

The Principal Registry is in Melbourne, with a Registry in the capital of each State and Territory. There are also offices in Newcastle, Wollongong and Lithgow servicing the Tribunal. The Registry is under the direction of the Industrial Registrar with a Deputy Industrial Registrar managing each State/Territory Registry. The following graph indicates the dispersion of staff by location:

LOCATION OF STAFF

As at 30 June 1994

Principal Vic NSW Qld ACT SA WA NT Tas

R egistry

Location

A list of the major documents contributing to an understanding of the Registry, the Commission and the Tribunal is at Appendix 3.

The Act specifies that in exercising the powers and performing the functions of office in relation to the Commission, the Industrial Registrar shall comply with any direction given by the President of the Commission. The Act also provides that in allocating and managing the resources of the Registry, the Industrial Registrar shall have regard to the needs of the Commission and the Tribunal.

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

CORPORATE PLAN

Mission

The Registry’s mission is “to facilitate the operations o f the Australian industrial relations system

O bjectives

To meet this mission the Corporate Plan contains four objectives:

• To provide administrative support of the highest standard to the Commission and the Tribunal;

• To meet, in an efficient, effective and timely manner, the needs of the clients of the Commission, Tribunal and Registry;

• To provide the Parliament and Australian public with a service which is accountable and performed with equity and integrity; and

• To facilitate the co-operation and co-ordination of the Federal and State industrial relations systems.

S trateg ies

To meet these objectives, the Corporate Plan contains the following strategies:

• Provide effective and flexible staffing resources;

• Maintain open and responsive communication processes;

• Provide and maintain an appropriate physical and operational environment;

• Ensure financial resources are used efficiently and effectively;

• Provide comprehensive information resources;

• Ensure consistency in all Registry procedures;

• Provide a quality information technology network and systems; and

• Implement Government policy relating to the Registry.

These strategies differ from those for the sub-program in the Program Performance Statements (PPS) for two reasons:

• They relate only to the Registry (and not to the Commission); and

• The new Corporate Plan was finalised after the wording included in the PPS.

38

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

P erform ance Indicators

The following performance indicators will be used to assess whether the Registry has met its objectives:

• Positive feedback from Commission and Tribunal Members indicates that all requirements have been met to enable them to perform their functions in an effective manner;

• The Registry has performed all functions and met all obligations required of it under the Industrial Relations Act and clients indicate satisfaction with the advice and services provided;

• The Registry has complied with the requirements of all relevant legislation relating to the public service administration of an APS agency, including the annual reporting guidelines; and

• The Registry has fully participated in and supported all initiatives directed at further co-operation between State and Federal industrial relations systems.

A copy of the Registry's Corporate Plan is at Appendix 4.

39

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

The R egistry u n d erstan d s the S O C I A L J U S T I C E

Government’s social justice strategy to develop a fairer, more prosperous and more just society for every Australian. The client area of the Commission, Tribunal and Registry covers all cultural, linguistic and racial groups.

As detailed in the Corporate Plan, the Registry provides administrative support to assist the Commission and Tribunal towards meeting the objects of the Act and Coal Industry Act respectively. Under these objects, proper regard is had to the interests (including the economic interests) of the Australian community as a whole. The democratic control of organisations, and the participation by their members in the affairs of organisations, is also encouraged.

It is a requirement of the Act that the Commission, in the performance of its functions, shall take account of the public interest and the principles embodied in the Racial Discrimination Act 1975, the Sex Discrimination Act 1984 and the Disability Discrimination Act 1992. Further, the Sex Discrimination Commissioner may, under section 50A of the

Sex Discrimination Act, refer a discriminatory award to the Commission for review. Pursuant to section 111A of the Act the Commission must convene a hearing to review such an award.

The Act also embodies a number of International Labour Organisation Conventions:

• Freedom of Association and Protection of the Right to Organise Convention, 1948

• Right to Organise and Collective Bargaining Convention, 1949

• Equal Remuneration Convention, 1951

• Minimum Wage Fixing Convention, 1970

• Workers with Family Responsibilities Convention, 1981

• Termination of Employment Convention, 1982

40

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

The Registry is incorporated within the Industrial Relations Portfolio Access and Equity Plan 1991-1994, specifically at pp.22 - 24.

As with the comments above in relation to social justice, it can be noted that the objects of the Act and the public nature of the great majority of the Registry’s business activities facilitate the processes of access and equity.

In relation to the specific implementation of the recommendations of the 1992 Evaluation of the Commonwealth Access and Equity Strategy, the Registry:

• has broadly incorporated access and equity into its corporate objectives;

• will seek to obtain the views of its clients, both formally and informally, to evaluate performance, including in regard to access and equity; and

• will ensure that Registry staff, particularly counter staff, are mindful of access and equity requirements.

In doing so, the Registry will also:

• survey staff to ascertain the extent of language and cultural skills readily available to the Commission/Registry; and

• as much as practicable, involve and consult with access and equity target groups in the delivery of its services.

A C C E S S A N D E Q U I T Y

41

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

R E G I S T R Y S T R U C T U R E

ORGANISATION STRUCTURE

The following chart outlines the senior management of the Registry:

Minister for Industrial Relations

The Honourable Laurie Brereton

Industrial Registrar Michael Kelly

Principal Registry State/Territory Registries

O r g a n i s a t i o n s B r a n c h

D e p u t y I n d u s t r i a l R e g i s t r a r

T h o m a s T a l b o t

S t a t u t o r y F u n c t i o n s S e c t i o n (1)

P r i n c i p a l E x e c u t i v e O f f i c e r

H o w a r d A s h e r

S t a t u t o r y F u n c t i o n s S e c t i o n (2 )

P r i n c i p a l E x e c u t i v e O f i f c e r

D a m i e n S t a u n t o n

C o r p o r a t e S e r v i c e s B r a n c h

E x e c u t i v e D i r e c t o r

C o li n R e i lly ( A c ti n g )

H u m a n R e s o u r c e s S e c t i o n

D i r e c t o r

C a t h e r i n e H e a l y

I n f o r m a t i o n S e r v i c e s S e c t i o n

D i r e c t o r

T e r r y N a s s i o s

I n f o r m a t i o n T e c h n o l o g y

S e c t i o n

D i r e c t o r

M a r is B o z e ( A c t i n g )

P u b l i c a t i o n s S e c t i o n

D i r e c t o r

B r e n d a n H o w e r

R e s o u r c e s M a n a g e m e n t

S e c t i o n

D i r e c t o r

J o h n L e y d e n

D e p u t y I n d u s t r i a l R e g i s t r a r

V i c t o r i a

M a r ti n B o l a n d

D e p u t y I n d u s t r i a l R e g i s t r a r

- N e w S o u t h W a l e s

M ic h a e l E l lis

D e p u t y I n d u s t r i a l R e g i s t r a r

"" S o u t h A u s t r a l i a

R o y H e g a r t y

D e p u t y I n d u s t r i a l R e g i s t r a r

~ Q u e e n s l a n d

L e i g h A r c h i e

D e p u t y I n d u s t r i a l R e g i s t r a r

- W e s t e r n A u s t r a l i a

S u s a n B a s t i a n ( A c ti n g )

D e p u t y I n d u s t r i a l R e g i s t r a r

- T a s m a n i a

I a n M c L e o d

D e p u t y I n d u s t r i a l R e g i s t r a r

- A u s t r a l i a n C a p i t a l T e r r i t o r y

C h r i s t i n e H a y w a r d

D e p u t y I n d u s t r i a l R e g i s t r a r

- N o r t h e r n T e r r i t o r y

L y n d a l l S o e t e n s

42

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

ORGANISATIONAL CHANGES

In January 1994 the Industrial Registrar, Ms Barbara Deegan, was appointed by the Government as Special Labour Adviser to the Australian Mission in Geneva, Switzerland.

Mr Michael Kelly was appointed as Industrial Registrar with effect from 25 March 1994. Mr Kelly, previously Executive Director, Corporate Services, had been acting as Industrial Registrar since Ms Deegan’s departure from the Registry in October 1993.

The Executive Director, Corporate Services position (SES Band 1) has been advertised for permanent filling.

The major structural change that occurred in the Registry in 1993-94 was the splitting of the former Administration Section, Corporate Services Branch, Principal Registry, into two new sections, each headed up by a Senior Office Grade B position - Human Resources Section comprising the Personnel and Organisation Development Units, and Resources

Management Section comprising the Finance and Property and Services Units.

All senior officer positions associated with the new structure have been filled.

SENIOR EXECUTIVE SERVICE INFORMATION

Number/Level : 4 SES Band 1 (1 position currently pending permanent filling)

Gender : 4 Male (1 currently acting)

Gains/Losses : 2 Losses (1 male to a statutory appointment;

1 female retired)

Intra-Agency Mobility : Nil

43

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

P E R F O R M A N C E R E P O R T I N G

OVERVIEW

The Industrial Relations Portfolio Program Performance Statements 1993-94:

Sub-program 1.5 Australian Industrial Relations Commission and Australian Industrial Registry

of Program 1 Industrial Relations Policy Development Workplace Reform and Best Practice

Objective of Sub-Program :

To provide the machinery, resources and institutional framework to meet, in an effective manner, the broad objectives of the Industrial Relations Act 1988. These can be summarised as follows:

• to promote industrial harmony and co-operation, and provide a framework for the prevention and settlement of industrial disputes by conciliation and arbitration in a fair manner with the minimum of legal form and technicality and with proper regard to the interests of the parties and the community as a whole; and

• to encourage the organisation of representative bodies of employers and employees and the democratic control of organisations registered under the Act.

It needs to be noted that the above objective, by virtue of the inclusion of the Commission and Tribunal, necessarily differs from the objectives in the Registry’s Corporate Plan 1993-94 to 1995-96.

S ub-Program Strategies

The Registry strategies adopted to achieve the above objectives are:

• providing the Commission and Tribunal with all the necessary resources and systems to enable them to meet the objects of the Industrial Relations Act 1988 and the Coal Industry Act 1946 respectively;

• providing the clients of the Commission/Registry with appropriate services, advice and assistance to meet the objects of the Industrial Relations Act 1988;

• complying with a regulatory framework and requirements both in relation to the Industrial Relations Act 1988, the Coal Industry’ Act 1946 and the Australian public service environment; and •

• providing an equitable, satisfying and safe working environment for all staff.

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

P erfo rm an ce M ea su re m e n t

The PPS state that performance is measured by:

• having identified needs through appropriate consultative forums and, having implemented these requirements, assessment of results by the forums;

• review of achievment of listed priorities, and

• assessment of results in meeting regulatory/compliance obligations.

RECONCILIATION OF PROGRAMS &

APPROPRIATION ELEMENTS

For 1993-1994 $('000)

A + B + c + D = E - F = G

P r o g r a m

N u m b e r

A p p r o p B i l l s

N o s 1 a n d 3

A p p r o p B i l l s

N o s 2 a n d 4

S p e c i a l

A p p r o p s

A n n o t a t e d

A p p r o p s *

P r o g r a m

A p p r o p s

A d j u s t m e n t s

(1)

P r o g r a m

O u t l a y s

1 41,418 - - 31 41,449 1,054 40,395

T o ta l 41,418 - - 31 41,449 1,054 40,395

( * ) A n n o t a t e d A p p r o p r i a t i o n s a r e a f o r m o f s p e c i a l a p p r o p r i a t i o n s t o a l l o w a D e p a r t m e n t a c c e s s t o

t h e m o n e y i t e a r n s .

( 1 ) A d j u s t m e n t t o d e r i v e o u t l a y s , i n c l u d i n g r e c e i p t i t e m s c l a s s i f i e d a s o u t l a y s , n e t m o v e m e n t s i n

t r u s t a c c o u n t b a l a n c e s , e t c .

45

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

STATE AND TERRITORY REGISTRIES

There are Registries located in each State and Territory capital city. These Registries share responsibilities against all the objectives of the Registry Corporate Plan. They are supported in this by a policy, procedural and advisory framework developed in the Principal Registry.

The State/Territory Registries provide the important day-to-day administrative and other services that members of the Commission and the Tribunal require to enable them to fullfil their obligations under the Industrial Relations Act and the Coal Industry Act. They also are available to provide advice to members of the public and to industrial relations practitioners concerning the practices and procedures of the Commission and the Tribunal.

Senior officers of each Registry are available to address seminars and other groups concerning the operations of the Registry, the Commission and the Tribunal.

Although they vary considerably in size, all Registries are able to provide the full range of Registry services.

The operations of the State and Territory Registries can be summarised as follows:

• day-to-day administration of the Registry;

• providing services to resident and visiting Members of the Commission, the Tribunal and Local Coal Authorities - arranging notification of parties, hearing rooms, court reporting services, messengerial, delivery and secretarial services as required;

• contact with industrial parties - receiving notification of disputes, the filing of other matters and the provision of advice and information;

• processing matters concerning financial returns and elections for registered organisations;

• Board of Reference and Local Industrial Board responsibilities; and

• determining applications for certificates of conscientious objection.

PRINCIPAL REGISTRY - ORGANISATIONS BRANCH

Functions

The Organisations Branch derives its functions mainly from Part IX of the Act which broadly seeks to encourage the organisation of representative bodies of employers and employees and their registration under the Act.

The Branch provides administrative and technical support to members of the Organisations Panel of the Commission (designated Presidential Members or dPMs) referred to in section 38 of the Act in discharge of their functions concerning organisations, particularly matters as to registration (s. 188), amalgamation (s.241 and s.242), cancellation (s.296), change of coverage (s.llS A ), alteration of eligibility rules and change of name (s.204).

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Key functions in relation to registered organisations conferred by the Act on the Registry and performed by the Branch include certification of alterations of rules (s.205), making arrangements with the Australian Electoral Commission for the conduct of elections for offices (s.214), examination of audited financial statements (s.280) and annual returns relating to records required to be kept (s.268(3)), and keeping and maintaining the register of organisations and ancillary documentation (s.63(l)(a)). The Branch also provides advice

and assistance to organisations and their representatives in relation to their rights and obligations under the Act, particularly in relation to proposed alterations of rules.

As a service to organisations and branches of organisations located in each State and Territory, any Registry may provide copies of current rules through the Registry’s computer network and, with technical support from the Branch, deal with matters concerning elections and financial returns. In addition, the Branch supports a rules team in the New South

Wales Registry.

1993-94 Outcomes

The Organisations Branch developed a work plan in respect of the reporting period with clear focus on the objectives of the Registry. The work plan included details of:

• outcome indicators which indicate the extent to which the needs of the clients identified in the Registry's objectives are being met;

• strategies to achieve the outcomes desired; and

• task indicators to enable the performance of tasks associated with strategies to be monitored.

The Branch allocated significant resources to ensure an expeditious and quality performance of its supporting role to the dPMs in discharge of their functions, particularly in relation to amalgamations. During the reporting period, 12 amalgamations involving 26 organisations were effected. In addition, the Branch implemented a new computerised system (‘the D

Register’) as an extension of the Registry’s casetracking system to facilitate management control and support the performance of the Registry’s functions in relation to matters before dPMs.

On 2 January 1994, ss. 193 and 193A of the Act which required a Presidential Member of the Commission to review the continued registration of small organisations were repealed - accordingly, action in relation to eight s.193 and 30 S.193A matters was discontinued. During the reporting period one organisation was deregistered under s. 193 and two under

s.296(c), which provides that a dPM may cancel the registration of an organisation on the dPM’s own motion in specified circumstances.

As at 30 June 1994 there were 81 employer and 54 employee organisations with a total of 203 sets of rules, including those of branches, maintained in the Registry’s computer. A total of 19 organisations were deregistered during the period whereas the total number of ‘branches’ increased from 595 to 613.

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Registered Organisations and Branches

♦ no. of orgs

no. of branches

93/94 91/92 92/93

Total sets of rules maintained by the Branch decreased by 21% during the reporting period, whereas the size of the rules database decreased by just 12%. This outcome continued the recent trend towards larger and more complex sets of rules arising from the cumulative effect of successive amalgamations. Notwithstanding the decreasing number of sets of rules, total rules matters processed by the Registry was at its highest for the past three years. In relation to s.205 matters determined during the reporting period, 74% were determined within 28 days, 7% were refused, 9% part refused and one matter appealed to the Commission was overturned.

Rules Matters and Database

g 110

9 1 / 9 2 9 3 / 9 4 9 2 / 9 3

----- t o t a l r u l e s s et s o f r u l e s si ze o f r u l e s d a t a b a s e

Under s.203 of the Act the Industrial Registrar is empowered to determine alterations of the rules of an organisation in circumstances where those rules do not make provisions required by the Act. As a result of review action during 1992-93 by the Branch of all registered rules of organisations, action was proceeding at the end of that period in relation to 40 organisations which had rules which failed to comply with certain provisions of the Act. During the reporting period, the Industrial Registrar determined alterations in respect of 17 organisations, other organisations made the necessary alterations and appropriate action was continuing in relation to six organisations at the end of the period.

48

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

The Branch implemented a new computerised system ('the R Register') as an extension of the Registry’s casetracking system to facilitate management, control and support the performance of the Registry’s functions in relation to rules alterations and other matters requiring determination by a Registrar, advisings to clients and certain returns. Statistics

available through the new 'R Register' system indicate that a total of 63 requests for advice on draft rules/notifications/applications/returns were processed between 1 January and 30 June 1994 - 86% of these were processed within 14 days.

Notifications of elections under s.214 of the Act have decreased by 23% over the past two years reflecting in part the effect of transitional provisions in rules of amalgamated organisations, permitted under s.243, which allow continuation of the holding of office after amalgamation. In relation to s.214 notifications determined during the reporting

period, 68% were determined within 14 days, 1.4% refused and 3% part refused. Lodgments of audited financial statements have decreased by about 33% in the past two years - this decrease may in part be attributed to lodgments outstanding from organisations and their branches deregistered upon amalgamation. During the reporting period the

Registry filed 68% of financial returns lodged within 56 days. Lodgments of annual returns of office-holders, branches, addresses of offices etc. have been constant over the past two years following the substantial result in 1991-92 arising from improved effectiveness through new computer-based systems of the Branch’s activity in ‘hastening’ organisations

for returns outstanding from previous years.

E lections N otifications and R eturns

91/92 92/93 93/94

----D------ elections -------------- fin. returns ------♦------ s268(3) returns

Under an arrangement with the Australian International Development Assistance Bureau, an officer from the Office of the Industrial Registrar in Papua New Guinea, Mr Peter Uhe, was attached to the Branch during the period 1 March to 2 June 1994, for the purpose of researching and receiving training in the Branch’s role and operations. Branch

resources were extensively utilised during that period to provide the training, advice and assistance needed to maximise the value of Mr Uhe’s visit.

49

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

PRINCIPAL REGISTRY - CORPORATE SERVICES BRANCH

Corporate Services Branch comprises five sections:

• Human Resources

• Information Services

• Information Technology

• Publications

• Resources Management.

Human R e s o u rc e s Section

Functions

The Human Resources Section became operational in March 1994, as a result of the splitting of the former Administration Section into the new Sections - Human Resources and Resources Management.

Broadly, the Section's responsibilities fall into three areas:

• Personnel,

• Recruitment, and

• Organisation Development.

1993-94 Outcomes

EEO, Industrial Democracy and Occupational Health and Safety are reported on at pp.61 - 64, 65 - 66 and 69 - 70 respectively.

Considerable progress was made on the implementation of the Registry's computerised personnel management information system (NOMAD).

An Employee Assistance Program (EAP) was established. An external provider, ACCESS Programs was engaged to provide staff and their immediate families with a personal, confidential counselling and assistance service.

A Human Resource Development (HRD) Plan was circulated for comment during 1993­ 94. Internal training activities that were conducted related to performance appraisal, common rule (deriving from requirements contained in the Act) and Commission Members' staff orientation. A number of staff also attended external training courses, including those conducted under the auspices of the Public Service Commission.

Work also commenced on the development of a Training Needs Analysis (TNA) aimed at identifying the training requirements of all staff.

Several staff in Melbourne participated in a Staff Interchange Program. Officers of the Registry worked in the Family Court and several Family Court staff worked in the Registry.

Considerable effort was expended by Section staff in relation to a Federal/State co-operative

50

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

examination of the possibility for the full integration of the Federal Registry and the Registry of the South Australian Industrial Court and Commission. A member of staff assisted in the review conducted by an external consultant.

The Section is presently engaged in a number of activities relating to the provision of information for the Registry's Agency Bargaining Committee. The Director, Human Resources is a member of the Agency Bargaining Committee.

Tables detailing the Registry’s staffing arrangements as at 30 June 1994 are at Appendix 5.

Studybank

Sixteen officers received studies assistance under the Registry’s Studybank Scheme during 1993-94.

Information S e rv ic e s Section

Functions

The Information Services Section is responsible for providing the Commission and the Registry with access to high quality, professional assistance for their information and research requirements. The Section also undertakes an advisory role to parties and

practitioners who require information on practices and procedures of the Commission.

This is achieved through:

• providing, on request, timely and accurate research in the areas of labour law, economics and industrial relations for Members of the Commission and the Tribunal, and the Registry;

• maintenance of precedent files on a range of often requested subjects;

• provision of current awareness services, including weekly decision summaries, press clipping services and library acquisitions;

• maintenance of a specialist industrial relations library and provision of specialist library services;

• production of general information brochures and a procedural guide for parties;

• operation of a telephone enquiry service; and

• conducting talks and tours of the Commission for interested groups.

1993-94 Outcomes

During the year the Section produced 52 issues of the Decision Summary comprising 3,670 decisions, providing members of the Commission and Tribunal, with brief summaries of industrial judgments of the High Court and Federal Court and decisions of the Federal and State industrial tribunals.

51

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

The proclamation of the Industrial Relations Reform Act 1993 necessitated substantial amendments to the loose-leaf version of the Act which is circulated to members of the Commission and Tribunal and staff of the Registry. The Section produced a set of draft rules accommodating amendments to the Act for consideration by the Commission.

In light of the changes to the legislation, the Section substantially revised its general information brochure, the Registry's Procedures Manual and the User Guide for industrial relations practitioners.

Media Liaison services were officially launched in September 1993 providing biographical information on members of the Commission and dissemination of important topical decisions. There has been a marked increase in the number of media enquiries using the service via a dedicated national enquiry service phone number. The Section also produces a number of weekly reports on various aspects of matters and cases lodged before the Commission.

The Section continues to provide administrative assistance to the Registry through the co­ ordination of legal services and undertaking policy development and fulfilling the Registry's responsibility in respect of Freedom of Information, Privacy Act, Ministerial correspondence and Parliamentary questions.

During the year the Section undertook 296 research projects for members of the Commission and the Tribunal and dealt with 214 major matters on behalf of the Registry. The Section answered 3,796 telephone enquiries on the National Enquiry Line.

The Library

Significant Library activities during 1993-94 included:

• establishment of access by the Commission, Tribunal and Registry to AUSTROM and DISKROM CD ROMs (Statutes, High Court and Federal Court decisions, etc.);

• establishment of access by the Commission, Tribunal and Registry to Australian Current Law, Australian Legal Monthly Digest and Australian Case Citator on Disk;

• participation in Information Technology Seminar for Commission Members;

• filed and listed 1,159 S.134C certified agreements (384 in 1992-93), 145 s. 170MA certified agreements, 5 s. 170NA enterprise flexibility agreements and 111 enterprise bargaining awards (600 in 1992-93);

• catalogued 1,201 monographs and serials (502 in 1992-93);

• added 946 abstracts to the on-line Library abstracting database (1,131 in 1992-93);

• answered 6,222 enquiries (4,338 in 1992-93);

52

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Information T echnology Sectio n

Functions

The Registry has a wide area network linking all capital cities across Australia providing data access and printing facilities. Each Registry has its own local area network with a file server used for local processing and to support the data communications network between Registries. The network is operationally stable with an average availability of computers during Registry hours of 99.95%.

A ustralian Industrial Registry: COMPUTER NETWORK UPTIME, 1993-94

| 8 am - 6 pm

I I

I I

I I

AIRMEL AIRMA1 AIRADE AIRBRI AIRCAN AIRDAR AIRHOB AIRPER AIRSYD Average

(VIC) (VIC) (SA) (OLD) (ACT) (NT) (TAS) (WA) (NSW )

The nine central processing units/file servers, which support local area networks in each Registry, attained a very high level of availability during 1993-94. the average (last column) being 99.91% for 8 am to 6 pm on working days and 99.39% fo r all hours.

The network provides the following facilities to support the Commission, the Tribunal and the Registry:

word processing facilities in chambers for all members of the Commission and Tribunal;

direct access to the central databases in Melbourne;

a casetracking system that records details of all applications and disputes, times and places of hearings and case results;

a text database of Commission decisions handed down since 1 January 1985 and of awards incorporating variations;

the current rules of all employer and employee organisations registered under the Act;

a structured database of information about registered organisations;

access to Australian and international legal and other databases for research purposes; and

administrative support systems.

53

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

1993-94 Outcomes

A new Corporate Information Technology Plan for 1993-94 to 1995-96 was drafted by a consultant with input from representative personnel from the Commission, Tribunal, Registry and external organisations.

During 1993-94 the Registry continued to provide daily the electronic text of awards, orders and decisions of the Commission for the FATEXT on-line text retrieval system operated by the Department of Industrial Relations.

Work continued on extending the casetracking system which provides a comprehensive structured database of matters before the Commission. During the year functions were added to enable integration and streamlined access to the text of decisions, awards and orders of the Commission. Functions were also added relating to the alteration of rules of registered organisations.

The program to replace remaining terminals with personal computers continued in 1994. On completion, next financial year, all staff will have a personal computer running the Microsoft Office suite of programs under a common Windows graphical user interface. This is in line with the Registry’s move to a client-server computing environment. Other personal computer software used includes full text retrieval, hypertext text readers, assets management and accounting systems.

Document imaging software was purchased for trial. A number of compact disk databases are available on the network providing a variety of legal and administrative information.

Major training activity in the use of information technology facilities and applications was undertaken in 1993-94. Training was delivered in all Registries and 244 (172 in 1992-93) or 77% of Members and staff participated in specific technology training courses during the year totalling 656 training days. Because of the increased number of personal computers, more extensive use was made of external training providers.

A seminar to explain the available technology and future directions was attended by most members of the Commission in February 1994. Members have asked for similar sessions to be held annually.

At 30 June 1994 there were 386 terminals and personal computers in use (375 in 1993), including one for each member of the Commission. 64% of these have independent processing capacity and practically all are able to connect to the central databases in Melbourne. Portable equipment is in widespread use by Commission Members while travelling and for out of hours access to the network.

Initiatives were taken in the financial year to substantially reduce telephone communications costs by taking advantage of whole of government telecommunications contracts. Savings made will be used to upgrade data communications links to smaller registries to provide them with response times comparable to the Melbourne and Sydney Registries.

The Registry established a communications link with the Department of Administrative Services NOMAD personnel system.

A more powerful processor was purchased to handle increasing workload in the Sydney Registry. This will be configured in 1994-95 to provide continuous processing capability for the national network in the event of a major failure at the Melbourne site.

54

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

During 1993-94 all major information technology purchases were made under the provisions of panel period contracts arranged by the Department of Administrative Services.

Publications Section

Functions

The Publications Section has the primary responsibility of publishing and distributing decisions, awards and orders of the Commission in order to meet the requirements of section 143 of the Act. The Section also maintains records of all awards, orders and decisions issued by the Commission.

1993-94 Outcomes

During the reporting period the Section published 4,290 awards, orders and decisions issued by the Commission. This represents a 5% increase on the previous year. Approximately 90% of material was published within the Section’s specified production targets.

At 30 June 1994 there were 2,708 current awards being maintained in consolidated form on the Registry's database. This database contains in excess of 80,000 pages of text and was amended on 2,155 occasions during the last year. The figure for the total number of

awards in this database has been revised due to ongoing cross checking of information and it is expected that the outcome of the initial s. 151 review of awards will further effect the total number of awards maintained.

By 28 February 1994, the Section identified 533 awards, pursuant to s. 151 of the Act, as requiring further action by a Registrar to assess their continuing operation. The review process involved writing to parties to each identified award and seeking their views on the

status of the award. At 30 June 1994, responses from the parties were still being collated prior to being referred to the Commission for action. To date responses indicate that 146 awards are no longer operational and may be set aside.

For the first time since 1984 revised Drafting Guidelines for Federal awards were published and distributed internally and to all registered organisations in July 1993. Training sessions on the new guidelines were conducted for Commission and Registry staff. The guidelines are currently being updated to reflect changes to style and presentation of Commission

documents as the Registry moves towards a PC based publishing environment.

Further streamlining of production processes resulted in 11 volumes of Commonwealth Arbitration Reports being published. A further ten volumes are ready to be referred to the Government Printer. Thirty-one volumes from January 1991 to July 1993 have now been printed since July 1991. At 30 June 1994 there were 43 volumes remaining to be published from the period 1 January 1987 to 31 December 1990.

Following amendments to the Rules of the Commission in March 1994, the Section is now responsible for publishing the Australian Industrial Registry Bulletin on a weekly basis. Thirteen issues of the Bulletin were published during the year.

A major project to enhance the Registry’s awards database was undertaken with in excess of 20,000 awards and orders issued by the Commission between 1984 and 1991 being

55

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

transferred from diskette to the central computer system. This material will be converted to text files and be available for inclusion on the Registry and Department of Industrial Relations FATEXT databases during the next financial year.

The word processing aspect of the computer system used by the Section to prepare and store Commission material underwent a major upgrade in early June 1994. As a result of this change the transfer and storage of data, and the access to and retrieval of information in the Registry’s computer system, has been streamlined.

The national revenue generated from the sale of decisions, awards and orders was $377,319. Following a review by the Australian National Audit Office, the annual stocktake of award pamphlets is no longer required, however initiatives taken over the last three years to reduce stock holdings will continue.

Staff development activities during the year concentrated on providing Commission, Registry and Publications’ staff with training in using the new Drafting Guidelines to prepare Commission documents, and the continued cross-training of Publications’ staff in various aspects of the publishing process. The introduction of PCs and associated software throughout the Commission and Registry continues to place pressure on Publications staff to broaden their publishing skills and to develop desk top publishing expertise.

Details of the subscription services available from the Registry are at Appendix 6.

Resources Management Section

Functions

The Section became operational in March 1994. The role of the Section is to support Corporate Services Branch objectives by the conduct of planning and service delivery in the areas of financial management, accommodation, assets management, records management, travel and mail services. The Section comprises two Units - Finance and Property and Services.

1993-94 Outcomes

Specific outcomes achieved against the 1993-94 work plan for the Section included:

• Identification of costs associated with the Industrial Relations Reform legislation and the incorporation of these costs into Sub-Program 1.5 of the Portfolio Budget Measures Statements for 1994-95.

• Modification of internal administrative systems to meet the requirements of the new budget cycle.

• Development of a new financial management reporting system for use by Registry management.

• Undertaking of planning and negotiations with the Queensland Government in relation to the co-location of the State and Federal Industrial Tribunals.

• Identification of alternative premises to those currently occupied in Western Australia.

• Planning was completed on the re-configuration of Melbourne accommodation to take advantage of lease incentives provided by building owners. It is anticipated works will be completed during 1994-95.

56

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

• Identification of possible alternatives for accommodation requirements in Darwin.

• Review of Property Operating Expenses management information data to provide a more timely service on cost trends.

• Continued development of stores management procedures and practices. The major outcomes in this area were the establishment of asset reporting valuations at a $2,000 threshold.

• The period travel contract was renewed with QANTAS for a further period of 12 months.

• Participation in user working groups in activities associated with the preparation of systems for the introduction of accrual reporting for the 1994-95 accounts.

Other issues included:

• Review of means by which mail and parcels are packaged for national delivery.

• Initiation of action to identify alternative premises in NSW.

• Initiation of action in relation to conducting a national review of security.

The Registry's Financial Statements for 1993-94 are at Appendix 7.

Consultancies

The Registry’s policy is to engage consultants on the basis of competitive quotations.

The Registry engages very few consultants. Three consultants were engaged by the Registry during 1993-94 at a total cost of $16,170.

COAL INDUSTRY TRIBUNAL - ADMINISTRATIVE SUPPORT

From 4 February 1993 section 78C of the Industrial Relations Act conferred the administrative support function to the Coal Industry Tribunal on the Australian Industrial Registry.

The Tribunal is an independent statutory body constituted under section 30 of the (Commonwealth) Coal Industry Act 1946. The (New South Wales) Coal Industry Act 1946 contains parallel provisions both in relation to the Tribunal’s constitution and all other matters. The Tribunal has power to consider and determine:

• an industrial dispute extending beyond the limits of any one State

• an industrial dispute in the State

• an industrial matter arising under an award or order of the Tribunal relating to the coal mining industry in the State

• an industrial matter arising under an award, order, determination or agreement continued in force by section 3 of the Coal Industry Act 1946 and relating to the coal mining industry in the State

• an industrial dispute or matter referred to the Tribunal by a Local Coal Authority.

57

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

In practice, the Tribunal exercises jurisdiction in respect of interstate disputes in Queensland and Tasmania, and interstate and intrastate disputes in New South Wales. The coal mining industry in Western Australia falls within the jurisdiction of the Western Australian Coal Industry Tribunal.

In addition to conferring the Tribunal specific powers and functions, the Commonwealth Act also confers on the Tribunal, in relation to the coal mining industry, all powers available to the Commission under the Industrial Relations Act.

Section 34 of the Commonwealth Act confers upon the Tribunal the powers of the Commission and section 131 of the Industrial Relations Act provides for the establishment of Boards of Reference. Pursuant to these provisions, the Tribunal in exercising its interstate jurisdiction appoints, under each of the major coal mining industry awards operating in

Queensland and Tasmania, Boards of Reference to handle local disputes.

Section 37 of the Coal Industry Act provides that the Tribunal may establish such Local Coal Authorities as may be necessary for the purposes of the Act.

A Local Coal Authority has power to:

• settle any dispute as to any local industrial matter likely to affect the amicable relations of employers in the coal mining industry of the State and their employees where such dispute is not pending before the Tribunal

• investigate and report upon any industrial dispute or matter or part thereof referred to it by the Tribunal

• settle any local dispute or matter or part thereof referred to it by the Tribunal for settlement

• enquire and report to the Tribunal on industrial matters not covered by any award or order of the Tribunal.

5 8

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

There have been no significant

I N T E R N A L A N D E X T E R N A L

S C R U T I N Y

developments in internal or external scrutiny of the Registry during the year ending 30 Ju n e 1994, nor are there any m ajor implications arising from past-year reports.

There have been no inquiries by parliamentary committees specifically in relation to Registry operations; no comments by the Ombudsman; no decisions by courts and administrative tribunals relating specifically to the Registry; or any freedom of information requests (see also pp.71 - 72).

AUDITOR-GENERAL'S REPORT

The Audit Report No. 27 1993-94, tabled in the House of Representatives on 22 March 1994, commented at pp.143 - 145 on several matters relating to Registry' operations. There was a qualification in regard to the Registry's recording of non-current assets. The Australian National Audit Office (ANAO) recommended that effective systems be

implemented:

• to account for and record asset acquisitions, transfers and disposals; and

• to establish appropriate values for all items in the asset register.

The Registry explained that the deficiencies were a result of the introduction of a computerised financial and asset management system. Consultants were engaged to provide initial valuations and to assist in the preparation of procedural documentation. The result was a system that was too complex for the Registry's needs and staff capacity to maintain.

The Registry has taken action to cleanse the asset database of extraneous material and to provide additional training to staff.

The ANAO noted the deficiencies listed below in the operation of Registry bank accounts and advances:

• irregular reconciliation of some bank accounts;

• inconsistencies in the maintenance and reconciliation of some cash/cheque books;

• examination of public monies advances was not being done nationally on a consistent basis and dates.

The Registry has taken action to issue a comprehensive administrative instruction to address these issues.

FRAUD CONTROL

The Registry has no internal audit positions and is now examining options for contract internal audit services.

A review of practices and procedures of areas considered to be vulnerable to fraud is conducted on a regular basis. The Registry’s Financial Management Information System (GAMES) is being progressively redeveloped to improve security and ensure data is able

to be stored effectively to provide quality reports. Ongoing enhancements to modules have

59

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

provided staff with a better understanding of controls that are necessary to manage resources efficiently. A review of guidelines applicable to delegations, financial limitations, Australian Government Credit Card usage and purchasing activities is performed frequently.

In the information technology area a disaster recovery plan has been initiated and steps put in place to protect, as far as possible, databases.

There were no referrals to the Australian Federal Police or the Director of Public Prosecutions during the reporting period.

Staff are encouraged to attend the various seminars, training courses and workshops on offer to develop a better understanding of fraud awareness.

The Registry’s policy in relation to losses is in accordance with internal Administrative Instructions and Finance Regulations and Directions.

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

E Q U A L E M P L O Y M E N T

O P P O R T U N I T Y ( E E O )

STATUS OF EEO PROGRAM AND OBJECTIVES * •

The Registry’s first EEO Plan received Public Service Commission approval in June 1992 for the period to June 1994. The Plan contains seven programs, the objectives of which are considered as realistic and reasonable first steps aimed primarily at identifying and eliminating institutional and altitudinal barriers which members of the target groups may encounter in the Registry.

A position at the ASO Class 6 level (Manager, Staff Development and Training) has been designated as the Registry's EEO Co-ordinator. Because of other obligations of this position this function is only performed on a part-time basis. The Executive Director, Corporate Services is the senior executive responsible for EEO.

Other staff in the Registry also undertake EEO functions. Staff training officers, and some recruitment and personnel staff, have EEO responsibilities as part of their day-to-day duties. Most supervisors and middle level managers have specific EEO responsibilities prescribed in their duty statements.

The objectives of the Plan have been achieved at a basic level:

• the basic EEO mechanisms are in place;

• staff, including supervisors/managers have a general awareness of EEO;

• Registry harassment contact officers have been appointed; and

• some general training and circulation of EEO material has occurred.

The full implementation of NOMAD (the Registry's personnel management information system) in 1994-95 will greatly enhance EEO implementation by providing comprehensive and up-to-date statistical data. This in turn should facilitate the identification of areas needing attention, and enable problems to be properly addressed and specific programs designed/implemented. In this area limited progress was made against the Plan.

A new EEO Plan is on the agenda for 1994-95. This Plan, which will be developed in line with the new model for the APS, will necessarily use as its starting point a review and evaluation of the current plan.

CONSULTATIVE MECHANISMS

EEO issues are a standing agenda item at meetings of the Registry Consultative Committee (RCC). The Public Sector Union (PSU) is represented on the RCC by a National Industrial Officer and Workplace Delegates.

The RCC monitors implementation of the EEO program and evaluates its effectiveness.

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

EEO DATABASE

The Registry currently maintains a manual EEO database. Information is also kept on actions such as attendance at training courses.

The establishment of a comprehensive EEO database was listed, as a priority for 1993-94. As indicated above this will occur in 1994-95.

EEO RELATED GRIEVANCES

The Registry had no grievances during 1993-94.

ACTIVITIES IN 1993-94

The major activity for 1993-94 was the implementation of the strategies contained in the approved program. These included:

• establishment o f a comprehensive EEO database; - will be finalised in 1994-95 with the full implementation of NOMAD

• development o f detailed EEO plans fo r all target groups; - limited development undertaken

• provision o f EEO awareness raising activities fo r all staff, supenisors and managers; - some material circulated to staff

• development o f guidelines fo r managers and supervisors on EEO responsibilities; - draft developed

• review o f staff selection guidelines; - being re-drafted

• development o f Registry policy on harassment.

- draft being prepared.

PRIORITY FOR 1994-95

As indicated earlier, the major priority for 1994-95 is the development and implementation of a new EEO plan.

FURTHER DOCUMENTATION

A full copy of the EEO program can be obtained from the EEO Co-ordinator.

62

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Table 1: R e p re se n ta tio n of EEO G ro u p s within Salary Levels as at 30 J u n e 1994

N u m b e r

o f S t a f f

2(1) 199

K E Y : N E S B N o n - E n g l i s h S p e a k i n g B a c k g r o u n d

A T S I A b o r i g i n a l a n d T o r r e s S t r a i t I s l a n d e r

P W D P e o p l e w i t h a D i s a b i l i t y

T o t a l

N u m b e r

P X V D 1 n , W o m e n

1 2 B l 6 NESB 5% 1

o f S t a f f

1 4 W o m e n

A S O 1-4 &

E q u iv a le n ts (1 x G S O 3,

1 x ITO 1,

A S O 5-6 & E q u ivale n ts (5 x IT O 2 &

1 x PO 2)

S O C E &

E q u iv a le n ts (1 x S IT O C &

1 x SPO )

T o t a l

. . ‘ ν ' , χ , , P W D N u m b e r

4 N E S B „ f S t a f f

1 , λ Ι 4

S O B &

E q u iv a le n ts (2 x S IT O B)

SES

(B an d 1)

3 x T ra in e e s )

TOTAL

Total Number of Staff Women NESB ATSI PWD

274* 183

77%

49 18%

1

0.4%

16 6%

i n c l u d e s s t a t u t o r y p o s i t i o n o f I n d u s t r i a l R e g i s t r a r S o u r c e : P e r s o n n e l R e c o r d s

6 3

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Table 2: R e p re se n ta tio n of EEO G ro u p s within O ccupational G roups as at 30 J u n e 1994

N o n - E n g l i s h S p e a k i n g B a c k g r o u n d

A b o r i g i n a l a n d T o r r e s S t r a i t I s l a n d e r

P e o p l e W i t h a D i s a b i l i t y

Total of

Number XFSR of Staff "omen

11 2

18%

1 8 %

PWI) 1 9%

SES ASO & Related Technical &

Professional

TOTAL

Total Number of Staff

274*

Women

1 8 3

77%

NESB

49 18%

ATSI

1

0.4%

PWD

16 6%

* i n c l u d e s s t a t u t o r y p o s i t i o n o f I n d u s t r i a l R e g i s t r a r S o u r c e : P e r s o n n e l R e c o r d s

T a bl e 3: EEO in A p p o i n t m e n t s M a d e During 1993-94

4

P eop le from a

Non-English

S p ea kin g

Background

o n

---------------- 1 -------------------1

P eop le w ith A bo rig inal and

Disabilities Torres S tra it

Island er

S o u r c e : P e r s o n n e l R e c o r d s

6 4

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

I N D U S T R I A L D E M O C R A C Y ( I D ) The Registry’s first and current ID Plan was issued to all staff in March 1992. The ID Plan contains the

following commitment:

“The Registry is committed to implementing practical consultative processes and recognises that open communication, industrial democracy and industrial relations are essential elements o f an effective organisation. The role o f unions in representing staff is also recognised and the Registry will encourage union membership and staff participation in union activities. ”

In addition, an aim of the ID Plan was to establish a framework for informative and intelligent exchanges between unions and management for all activities undertaken in the Registry.

The above commitment and aim has been given some effect by the appointment of an ID Facilitator, as a part-time resource, who in turn reports to the RCC. The RCC is ultimately responsible for monitoring the implementation and progress of the ID Plan.

The senior executive responsible for industrial democracy is the Executive Director, Corporate Services.

The Plan draws links with the Registry’s Corporate Plan, Equal Employment Opportunity Plan and the Occupational Health and Safety Policy and Agreement.

In particular, it should be noted that the development of the new Corporate Plan involved a Public Sector Union (PSU) representative.

The major national consultative forum in the Registry is the Registry Consultative Committee (RCC), there are a number of sub-committees of RCC, as set out below:

• Staff Development and Training Advisory Committee (SD&TAC);

• Registry Occupational Health & Safety Committee (OH&SC); and

• Registry Information Technology Committee (RITC).

These committees contain Principal Registry, State/Territory Registry and PSU representatives.

In 1993-94 there was also a major addition to the Registry’s formal consultative processes - an Agency Bargaining Committee (ABC). The ABC, comprising four Registry management representatives and four PSU representatives, was brought together to negotiate an Agency Bargaining Agreement under the Framework Agreement 'Improving Productivity, Jobs and Pay in the Australian Public Service 1992-1994'.

In terms of achievements during the reporting period:

there has been the continuance of a participative approach to most decision making, which in turn fosters the appropriate organisational culture and attitudes;

there continues to be a general spirit of co-operation between Registry management and PSU representatives;

65

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

• the corporate planning processes have been significantly enhanced through the involvement of all staff; and

• the ABC commenced its deliberations.

In 1994-95 the Registry will develop a new ID Plan. This will necessarily take into consideration:

• a review and evaluation of the current ID Plan according to the processes outlined in that plan;

• all consultative arrangements in the Registry, including the “Memorandum o f Understanding Between Australian Industrial Registry’ and the Public Sector Union Concerning the Establishment and Operation o f a Registry Consultative Committee

• the effect on consultative arrangements and any outcomes of the operations of the ABC; and

• any implications flowing from the outcome of the review of the Public Service Act 1922.

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

There are a n u m b e r of consultative forum s pertaining to Registry operations. C O N S U L T A T I O N

REGISTRY CONSULTATIVE COMMITTEE

The Registry Consultative Committee (RCC) provides a framework for regular consultation within the Registry on all matters concerning or affecting the staff of the Registry.

The RCC is an ongoing formal consultative mechanism and consists of:

• the Industrial Registrar and three other Registry management representatives; and

• Public Sector Union (PSU) National Office representative and three Registry PSU Delegates.

It meets by mutual arrangement and in 1993-94 met four times.

Its objectives are:

• to serve as a central consultative forum;

• to oversee the development of industrial democracy practices in the Registry;

• to promote good industrial relations in the Registry; and

• to consider policy and other matters raised by the Staff Development and Training Advisory Committee and the Registry Occupational Health and Safety Committee.

REGISTRY OCCUPATIONAL HEALTH AND SAFETY COMMITTEE

The Registry Occupational Health & Safety (OH&S) Committee is a sub-committee of RCC.

The Committee comprises:

• four Registry management representatives; and

• four PSU representatives selected from Registry members (namely the four Designated Work Group Health and Safety Representatives).

Its purpose and responsibilities are in accordance with an OH&S Policy and Agreement, made under the Occupational Health and Safety (Commonwealth Employment) Act 1997, between the Registry and the Public Sector Union in September 1992.

Meetings of the Committee are scheduled so that the minutes are able to be presented to the next RCC meeting.

Further details relevant to OH&S matters are contained at pp. 69 - 70 of this report.

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

STAFF DEVELOPMENT AND TRAINING ADVISORY COMMITTEE

The Staff Development and Training Advisory Committee (SD&TAC) is set up to advise the RCC on the efficacy of current training and development programs, and recommend actions to address identified needs. It is also to act as both a formal and informal channel of communication for staff on training and development matters.

The SD&TAC comprises representatives from all Registry areas and includes PSU representatives.

Meetings of the SD&TAC are scheduled on a similar basis to those of the Registry OH&S Committee.

REGISTRY INFORMATION TECHNOLOGY COMMITTEE

The purpose of the Registry Information Technology Committee (RITC) is:

• to provide a forum for ascertaining the information technology needs of various interest groups in the Commission and Registry;

• to participate in the development of information technology plans and to make recommendations to management on priorities; and

• to exchange information on activities undertaken by the Registry’s Information Technology Section.

The Committee comprises representatives from the Commission and all Registry areas and includes PSU representatives.

REGISTRARS' CONFERENCES

During the year the Industrial Registrar convened two meetings of all Deputy Industrial Registrars. Also in attendance was the Executive Director, Corporate Services.

The purpose of these meetings was to discuss significant matters affecting the operations of the Registry.

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

The O c cu p a tio n a l O C C U P A T I O N A L H E A L T H

Health and S a fety A N D S A F E T Y ( O H & S )

( C o m m o n w e a l t h

Employment) Act 1991 ------------------------------------------------------------------------------------

(the OH&S (CE) Act) came into effect on 6 September 1991 and covers the health, safety and welfare of all Registry staff and contractors of the Registry. Section 74 of that Act covers annual reporting requirements.

The Registry’s current OH&S Policy (pursuant to paragraph 16 (2)(d) of the OH&S (CE) Act) and Agreement (pursuant to subsection 16 (3) of the OH&S (CE) Act) were signed and circulated to all staff in September 1992.

OH & S POLICY AND AGREEMENT

The policy :

• enables effective co-operation between the Registry and its staff in promoting and developing measures to ensure the health, safety and welfare of staff at work; and

• provides adequate mechanisms for reviewing the effectiveness of measures taken.

OCCUPATIONAL HEALTH AND SAFETY COMMITTEES

There are three OH&S committees in operation in the Registry:

• Registry OH&S Committee (National Consultative Committee);

• Melbourne OH&S Committee (Local Committee); and

• NSW Registry OH&S Committee (Local Committee).

The National Committee is a consultative forum comprising four management and four PSU representatives who also happen to be the Health and Safety Representatives for each of the Registry’s four Designated Work Groups.

The National Committee reports directly to the Registry Consultative Committee and has the following terms of reference:

• to advise, develop and implement OH&S policy and procedural guidelines and programs;

• to review and report on all OH&S matters, including annual report requirements;

• to liaise extensively on OH&S matters; and

• examine reports and determine appropriate action on matters contained therein from other Registry OH&S Committees and Designated Work Groups. •

• The Committee met four times in 1993-94 and provided minutes to the RCC.

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

1993-94 OUTCOMES

Achievements in 1993-94 included:

• the finalisation of a policy in regard to desk-based (as distinct from workstation- based) computer equipment;

• the circulation of advice throughout the Registry regarding OH&S legislative and procedural changes, e.g. the notification and reporting of incidents to Comcare; and

• the adoption and implementation of a national standard clerical/keyboard chair, which has been subject to Worksafe Australia’s 'Checklist for Ergonomic Design of Adjustable Chair'.

The Melbourne and NSW Registry OH&S Committees, also established under section 34 of the OH&S (CE) Act, deal with matters pertaining to their specific location. These committees provide minutes to the national OH&S Committee and refer any matters which

may have national Registry implications.

There were four accidents or dangerous occurences during the year that required the giving of a notice under section 68 of the OH&S (CE) Act. There were no investigations undertaken, tests conducted, directions given under section 45 or notices issued under sections 30, 46 and 47 of the OH&S (CE) Act.

The Registry is currently reviewing/evaluating the focus of Registry OH&S to ensure its operations are understood and workplace strategies are in place for 1994-95. The OH&S Policy and the Agreement are also due for review in September 1994. This will provide further opportunity for both Registry management and PSU representatives to realign OH&S undertakings and activities in the Registry.

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

F R E E D O M O F I N F O R M A T I O N

( F O I ) S T A T E M E N T

INTRODUCTION

Under the Freedom o f Information Act 1982, section 8, statements are to be included in the annual reports of Commonwealth agencies.

ESTABLISHMENT

The Australian Industrial Registry was established under Part IV of the Industrial Relations Act 1988. The Registry carries out statutory and administrative duties pursuant to the Act.

ORGANISATION

The Registry comprises the Industrial Registrar, a Deputy Industrial Registrar for each State, the Australian Capital Territory and the Northern Territory, and other staff.

FUNCTIONS

The Industrial Registrar, Deputy Industrial Registrars and Registry staff provide administrative support to the Australian Industrial Relations Commission and the Coal Industry Tribunal, and exercise statutory functions of a regulatory nature concerning the registration of employer and employee associations which may participate in the conciliation

and arbitration system provided by the Act.

CATEGORIES OF DOCUMENTS

The Industrial Registrar and Deputy Industrial Registrars are exempt from the provisions of the Freedom o f Information Act 1982 in respect of non-administrative matters. Documents of an administrative nature fall into the following categories:

Publications

Copies of awards, decisions and orders issued by the Australian Conciliation and Arbitration Commission and, since 1 March 1989, the Australian Industrial Relations Commission are available for purchase through offices of the Australian Industrial Registry either individually

or by subscription from Awards Distribution, Australian Industrial Registry, GPO Box 1994S, Melbourne, VIC 3001.

Copies of Commonwealth Arbitration Reports are available for purchase through outlets of the Australian Government Publishing Service (AGPS) or can be inspected at offices of the Registry.

71

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

R etu rn s

Financial returns of organisations and a list of office-bearers of registered organisations and their branches, can be made available at any office of the Registry. Photocopies will be made available on payment of a prescribed fee.

Files

Commission files and documents, Organisations’ files and Board of Reference files can be made available at any office of the Registry unless determined otherwise by a member of the Commission or the Registrar. Photocopies will be made available on payment of a prescribed fee.

FOI PROCEDURES AND INITIAL CONTACT POINTS

Many of the documents of the Registry which are prepared or held under provisions of the Industrial Relations Act 1988 can be inspected or purchased at any of the offices listed in Appendix 8. General enquiries may therefore be directed to any of these offices.

Requests for access to documents under the Freedom o f Information Act 1982 should be made in writing and delivered or posted, together with the prescribed fee of $30, to the Industrial Registrar, Principal Registry, Level 35, Nauru House, 80 Collins Street, Melbourne VIC 3000 or Industrial Registrar, GPO Box 1994S, Melbourne, VIC 3001, telephone (03) 653 8200. Reading facilities will be made available at any Registry by arrangement.

The Registry also acts as the initial contact point for any enquiries relating to the Commission and Coal Industry Tribunal.

FREEDOM OF INFORMATION REQUESTS

There were no requests received during the year.

72

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

The Registry conducted no market research. In 1993-94 the

A D V E R T I S I N G

Registry spent $186,051 on advertising.

A N D M A R K E T

R E S E A R C H

Included in this amount were payments to:

the Commonwealth agent, Neville Jeffress Advertising (approximately $120,000), predominantly for statutory requirements arising form the Act in relation to registered organisations and common rules in the Territories, but also for some job vacancies; and

A ustralian Government Publishing Service (approxim ately $65,000) for Commonwealth Government Gazette requirements relating to recruitment and purchasing actions.

73

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

T h ree Senior E x e c u t i v e

P E R F O R M A N C E A P P R A I S A L

A N D P A Y

Officers received ___________________________________________________________

Pe r to r m a n c e Pay during 1993-94. The total amount paid was $18,000.

Twenty-seven Senior Officers received performance pay during 1993-94. The total amount paid was $68,130.

• 17% of eligible Senior Officers Grade B received 63% of the maximum possible individual payment.

• 83% of eligible Senior Officers Grade B received 46% of the maximum possible individual payment.

• 7% of eligible Senior Officers Grade C received 67% of the maximum possible individual payment.

• 93% of eligible Senior Officers Grade C received 47% of the maximum possible individual payment.

74

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 1

CHECKLIST OF DEPARTMENTAL REPORTING REQUIREMENTS - COMPLIANCE INDEX

Reporting

R e q u 'm t

S ubject

P „

R e p o rtin g

R e q u 'm t

Subject

1-4 4 2 I n d u s tr ia l D e m o c r a c y 6 5

V 4 3 - 4 4 O c c u p a tio n a l H e a lth & S a f e ty 6 9

4 5 P o s t - S e p a r a t i o n E m p l o y m e n t n /a

A i d s to A c c e s s

5 T a b l e o f C o n te n ts vii

6 A lp h a b e tic a l I n d e x 113 4 6 F i n a n c ia l S ta te m e n ts 91

6 G l o s s a r y o f A b b r e v i a t i o n s & 4 7 - 4 9 F r a u d C o n tr o l 5 9

A c r o n y m s 111 5 0 -5 1 C l a i m s & L o s s e s *

6 C h e c k l is t o f R e p o r tin g 5 2 P u r c h a s in g *

R e q u ir e m e n ts 75

5 3 I n f o r m a t i o n T e c h n o lo g y

7 C o n t a c t O f f ic e r X P u r c h a s in g A r r a n g e m e n t s *

5 4 P a y m e n t o f A c c o u n ts *

61 C a p ita l W o r k s M a n a g e m e n t n /a

8 O b je c tiv e s 3 8 6 2 P r o p e r t y U s a g e *

9 S o c ia l J u s tic e O v e r v ie w 4 0 6 3 M a r k e t S u r v e y s n /a

10-11 C o r p o r a t e S t r u c tu r e 4 2

1 2 -1 7 P o r t f o l i o L e g is la tio n &

S t a t u t o r y A u th o r itie s n /a

6 4 - 6 7 R e p o r t s b y t h e

18-21 N o n - s t a t u t o r y B o d ie s n /a A u d i t o r - G e n e r a l 5 9

2 2 - 2 4 G o v e r n m e n t C o m p a n ie s n /a 6 8 - 7 0 I n q u i r i e s b y P a r l ia m e n ta r y

2 5 E E O in A p p o in tm e n ts 6 4 C o m m itte e s n /a

2 6 M a j o r D o c u m e n ts 7 9 7 1 - 7 3 C o m m e n ts b y th e

O m b u d s m a n n /a

7 4 - 7 6 D e c is io n s o f C o u r t s &

A d m i n i s t r a t i v e T r i b u n a l s n /a

2 7 - 2 8 A c ti v i t i e s 3 5 .4 4

7 7 F r e e d o m o f I n f o r m a t i o n 71

2 9 - 3 0 S o c ia l J u s tic e 4 0

7 8 -8 3 P r iv a c y *

8 4 -8 5 C l i e n t C o m m e n ts

3 1 -3 3 S t a f f i n g O v e r v ie w 3 7 ,8 5

3 4 -3 5 P e r f o r m a n c e P a y 7 4

3 6 - 3 9 T r a i n i n g *

8 6 - 8 7 B u s in e s s R e g u la tio n s n /a

8 8 S ta tu s o f W o m e n n /a

4 0 I n t e r c h a n g e S c h e m e -

8 9 - 9 4 E n v ir o n m e n t a l M a t te r s

41 E q u a l E m p lo y m e n t

O p p o r tu n ity 61

* F o r a d d i t i o n a l i n f o r m a t i o n n o t p u b l i s h e d b u t c o l l e c t e d r e f e r t o C o n t a c t O f f i c e r d e t a i l s a t p a g e x .

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 2

C H E C K L I S T O F S T A T U T O R Y A U T H O R I T Y

R E P O R T I N G G U I D E L I N E S

Name of Authority V

Dates Transmitted V

Enabling Legislation ix

Powers, Functions and Objectives ix,37

Responsible Minister, Powers, Exercise of Powers ix,37

Members, Terms of Appointment n/a*

Staff

• Listing of Senior Executives 42

• Staff Numbers, Basis for Staffing 37,85

• Information Officer X

Financial Statements 91

Auditor-General’s Certificate 93

Principal Programs, Activities

• Objectives 38,81

• Performance 35,44

• Interaction with Other Agencies -

• Publications 55,89

Operational Problems -

Subsidiaries n/a

Index 113

General Comments 35

* For details o f the membership of the Commission see p. 13.

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 3

M A J O R D O C U M E N T S C O N T R I B U T I N G T O A N U N D E R S T A N D I N G

O F T H E W O R K O F T H E A U S T R A L I A N I N D U S T R I A L R E L A T I O N S

C O M M I S S I O N , T H E C O A L I N D U S T R Y T R I B U N A L A N D T H E

A U S T R A L I A N I N D U S T R I A L R E G I S T R Y

• Industrial Relations Act 1988 (as amended)

• Industrial Relations Reform Act 1993

• Industrial Relations Regulations (as amended)

• Rules of the Australian Industrial Relations Commission (Statutory Rules 1989 No. 46) (as amended)

• (Commonwealth) Coal Industry Act 1946 (as amended)

• Australian Industrial Relations Commission/Australian Industrial Registry Procedures Manual

• Australian Industrial Registry Corporate Plan 1993-94 to 1995-96

• Australian Industrial Registry Annual Reports 1988-89, 1989-90, 1990-91, 1991-92 and 1992-93

• President of the Australian Industrial Relations Commission Annual Reports 1988-89, 1989-90, 1990-91, 1991-92 and 1992-93

• Australian Industrial Registry Industrial Democracy Plan 1992

• Australian Industrial Registry Equal Employment Opportunity Plan 1992

• Australian Industrial Registry Administrative Instructions

• Australian Industrial Relations Commission and Australian Industrial Registry Corporate Information Technology Plan 1993-94 to 1995-96

• Drafting Guidelines for Federal Awards [1993J

• Program Performance Statements 1993-94 Industrial Relations Portfolio, specifically Sub-program 1.5

79

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 4

A U S T R A L I A N I N D U S T R I A L R E G I S T R Y C O R P O R A T E P L A N

1 9 9 3 - 9 4 T O 1 9 9 5 - 9 6

Foreword

This is the Corporate Plan for the Australian Industrial Registry for the period 1993-94 to 1995-96.

This is our C orporate Plan.

It is not just a plan devised by management, it belongs to all of us. All staff were consulted and invited to contribute to it.

You will notice that this Plan is different, in a number of ways, from the plans of previous years. It is, for example, a three year rather than one year Plan. It is a long term Plan designed to be complemented by annual work plans devised in each work area or section of the Registry.

The Corporate Plan is flexible. The Plan must be flexible in order to be able to reflect any alteration to the environment in which the Registry operates. Amendments to legislation, for example, can alter Registry priorities.

The Corporate Plan cannot be read in isolation. Work plans will detail the tasks each area will perform to enable us to meet our Corporate objectives. In addition further detail about the role of the Registry can be found in the Annual Report of the Registry which is tabled in the Parliament each year.

While our primary focus is, of course, the provision of the highest quality administrative support to the Australian Industrial Relations Commission and the Coal Industry Tribunal, our Mission Statement reflects the full breadth of the charter of the Australian Industrial Registry.

Mission

To facilitate the operations o f the Australian industrial relations system.

Functional Statement

The Australian Industrial Registry (the Registry) is a statutory authority established under the Industrial Relations Act 1988 (the IR Act). The Principal Registry is in Melbourne, with a Registry in the capital of each State/Territory. There are also offices in Newcastle, Wollongong and Lithgow servicing the Coal Industry Tribunal. The Registry is under the direction of the Industrial Registrar with a Deputy Industrial Registrar managing each State/Territory Registry.

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 4 con tinned....

The Registry's approved staffing level and running costs appropriations are contained in the Industrial Relations Portfolio Program Performance Statements.

Broadly, th e Registry is required to:

• act as the Registry for and provide administrative support to the Australian Industrial Relations Commission (the Commission) and the Coal Industry Tribunal (the Tribunal);

• perform a range of functions and discharge statutory responsibilities conferred on the Registry by the IR Act and public service administrative legislation; and

• participate in co-operation between the Federal and State industrial relations systems.

The Commission is an independent statutory body established under the IR Act in response to Commonwealth laws with respect to "conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State".

The C om m ission c o n s is ts of:

• a President

• a Vice President*

• Senior Deputy Presidents

• Deputy Presidents

• Commissioners.

The Industrial Registrar:

• shall comply with any directions given by the President of the Commission; and

• in allocating and managing the resources of the Registry, shall have regard to the needs of the Commission.

The Tribunal is an independent statutory body constituted under the (Commonwealth) Coal Industry’ Act 1946 and the (New South Wales) Coal Industry Act 1946.

The Tribunal has conciliation and arbitration powers for the prevention and settlement of industrial disputes in the coal mining and shale mining industry. In practice, the Tribunal exercises jurisdiction in respect of interstate disputes in Queensland and Tasmania, and interstate and intrastate disputes in New South Wales.

The Coal Industry Act provides for the appointment of a person to constitute the Tribunal and further provides that the Tribunal may establish Local Coal Authorities. There are currently appointed Chairpersons of Local Coal Authorities for New South Wales and Newcastle.

In allocating and managing the resources of the Registry, the Registrar must have regard to the needs of the Tribunal.

• t h e I n d u s t r i a l R e l a t i o n s R e f o r m A c t 1 9 9 3 e s t a b l i s h e d a n a d d i t i o n a l p o s i t i o n o f V i c e P r e s i d e n t .

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 4 continued....

Objectives

to provide administrative support of the highest standard to the Commission and the Tribunal;

to meet, in an efficient, effective and timely manner, the needs of the clients of the Commission, Tribunal and Registry;

to provide the Parliament and the Australian public with a service which is accountable and performed with equity and integrity; and

to facilitate the co-operation and co-ordination of the Federal and State industrial relations systems.

Strategies

To m eet the objectives we will:

• provide effective and flexible staffing resources;

• maintain open and responsive communication processes;

• provide and maintain an appropriate physical and operational environment;

• ensure financial resources are used efficiently and effectively;

• provide comprehensive information resources;

• ensure consistency in all Registry procedures;

• provide a quality information technology network and systems; and

• implement Government policy relating to the Registry.

P erform ance Indicators

We will know we have met our objectives when:

• positive feedback from Commission and Tribunal Members indicates that all requirements have been met to enable them to perform their functions in an effective manner;

• the Registry has performed all functions and met all obligations required of it under the Industrial Relations Act and clients indicate satisfaction with the advice and services provided;

• the Registry has complied with the requirements of all relevant legislation relating to the public service administration of an APS agency, including the annual reporting guidelines; and

• the Registry has fully participated in and supported all initiatives directed at further co-operation between State and Federal industrial relations systems.

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 5

AUSTRALIAN INDUSTRIAL REGISTRY STAFFING ARRANGEMENTS AS AT 30 JUNE 1994

Table 1: Registry Staff by Functional Area

No. of Staff

Executive 2*

Organisations 24

Corporate Services

• Executive 2

• Information Services 11

• Information Technology 12

• Human Resources 17

• Resources Management 21

• Publications 39

r a

New South Wales 58

Victoria 50

South Australia 12

Queensland 9

Western Australia 7

Northern Territory 4

Australian Capital Territory 3

Tasmania 3

ΓΤ46]

* I n c l u d e s I n d u s t r i a l R e g i s t r a r ( S t a t u t o r y A p p o i n t m e n t ) u n d e r t h e A c t .

R e m a i n i n g S t a f f e m p l o y e d u n d e r t h e P u b l i c S e r v i c e A c t 1 9 2 2 .

85

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 5 continued. ...

Table 2: Distribution of Staff by Sex and Classification a s at 30 J u n e 1994

Classification

Men Perm. Women Perm.

Men Temp Women Temp

Men Perm P/T

Womei Perm P/T Total

Stautory Office Holder (Industrial Registrar) 1 1

SES Band 1 4 4

Senior Officer Grade B 8 4 12

Senior Officer Grade C 11 5 16

ASO Class 6 6 8 1 15

ASO Class 5 6 10 1 17

ASO Class 4 13 48 10 25 1 97

ASO Class 3 3 12 3 18

ASO Class 2 7 34 2 4 47

ASO Class 1 7 10 2 10 3 32

Senior Information Technology Officer Grade B 2 2

Senior Information Technology Officer Grade C " 1 1

Information Technology Officer Grade 2 5 5

Information Technology Officer Grade 1 1 1

Senior Professional Officer Grade C 1 1

Professional Officer Class 2 1 1

General Services Officer Level 3 1 1

Office Trainees 2 1 3

TOTAL 78 134 12 37 1 12 274

Note: All staff except the Statutory Office Holder (Industrial Registrar) are employed under the Public Service Act 1922.

86

V I C

Women VIC NSW Women NSW

Women Women Women \\ omen

T A S N T

Women NT ACT

Women ACT TOTAL QLD QLD WA WA IAS C l a s s i f i c a t i o n

S t a t u t o r y O f f i c e H o l d e r

( I n d u s t r i a l R e g i s t r a r )

S E S R a n d 1

S e n i o r O f f i c e r G r a d e B

S e n i o r O f f i c e r G r a d e C

A S O C l a s s 6

A S O C l a s s 5

A S O C l a s s 4

A S O C l a s s 3

A S O C l a s s 2

A S O C l a s s 1

S e n i o r I n f o r m a t i o n T e c h n o l o g y

O f f i c e r G r a d e B

S e n i o r I n f o r m a t i o n T e c h n o l o g y

O f f i c e r G r a d e C

I n f o r m a t i o n T e c h n o l o g y O f f i c e r

G r a d e 2

I n f o r m a t i o n T e c h n o l o g y O f f i c e r

G r a d e 1

S e n i o r P r o f e s s i o n a l O f f i c e r G r a d e C

P r o f e s s i o n a l O f f i c e r C l a s s 2

G e n e r a l S e r v i c e s O f f i c e r L e v e l 3

O f f i c e T r a i n e e s

274

Table 3: Men a n d Women by C lassification by S ta te / Territory as a t 30 J u n e 1994

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 6

PUBLICATIONS AND SUBSCRIPTION SERVICES AVAILABLE FROM THE AUSTRALIAN INDUSTRIAL REGISTRY

Publications

The Australian Industrial Registry publishes the decisions, awards and orders made by the Australian Industrial Relations Commission pursuant to the Industrial Relations Act 1988. These decisions, awards and orders are published as individual pamphlets known as prints.

In total, about 4,000 prints are published each year. They can all be obtained individually through the Registry in each capital city. The Registry also publishes various reference documents to assist users to find the particular prints they require. These include Awards

Lists giving details of all current awards and agreements (published quarterly, with a monthly supplement listing new awards made and awards superseded, set aside or consolidated).

Sub scrip tio n Services

A series of subscription services to these publications is available from the Principal Registry in Melbourne:

B service

C service

D service

one copy of all awards, agreements, orders, decisions, reference documents; posted fortnightly.

one copy of decisions and reference documents; posted fortnightly,

one copy of reference documents; posted fortnightly.

E service - one copy of all decisions and variations to a particular award or agreement; posted as they are received in print.

G service - one copy of the Australian Industrial Registry Bulletin including details of enterprise flexibility agreements lodged in the Registry and weekly summaries of decisions of the Australian Industrial Relations Commission, State Tribunals and industrial decisions of the High Court and Federal Court; posted weekly.

Charges - Subscribers to the B and C services are charged the face value of the material received, less a 20% discount, plus postage. Each distribution contains a packing slip listing items despatched and their cost. Subscribers receive an account at the end of each quarter. D, E and G subscribers pay an annual

subscription fee in advance, which for the 1993-94 financial year was $90 for the D service, $15 per award for the E service and $95 for the G service.

Order forms for these subscription services may be obtained from any State/Territory Registry.

89

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 7

FINANCIAL STATEMENTS 1993-94

CONTENTS PAGE NO

Certification of the Financial Statements 92

Independent Audit Report on Financial Statements 93-94

Aggregate Statement of Transactions by Fund 95

Detailed Statement of Transactions by Fund 96-98

Program Summary 99

Statement of Supplementary Financial Information 100

Notes to the Financial Statements 101-106

Glossary of Terms 107-108

91

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

- 1 -

STATEMENT BY THE INDUSTRIAL REGISTRAR

AND

PRINCIPAL ACCOUNTING OFFICER

CERTIFICATION

We certify that the attached financial statements for the year ended 30 June 1994 are in agreement with the Australian Industrial Registry's (the Registry) accounts and records and, in our opinion, the statements have been prepared in accordance with the disclosure requirements of the Financial Statements Guidelines for Departmental Secretaries (Modified Cash Reporting).

Signed

Dated Ilf | ‘f a i f Dated j l f

Industrial Registrar Executive Director

Corporate Services

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

AUSTRALIAN NATIONAL AUDIT OFFICE 3 0 3 C o llin s S t

M e lb o u r n e V ic 3 0 0 0

Our ref:

A U S T R A L I A N I N D U S T R I A L R E G I S T R Y

I N D E P E N D E N T A U D I T R E P O R T

S c o p e

I h a v e a u d i t e d t h e f i n a n c i a l s t a t e m e n t o f t h e A u s t r a l i a n I n d u s t r i a l R e g is t r y f o r t h e y e a r e n d e d 3 0 J u n e

1994.

T h e s t a t e m e n t c o m p r i s e s :

. a C e r t i f ic a t e b y t h e I n d u s t r i a l R e g i s t r a r a n d E x e c u t i v e D i r e c t o r , C o r p o r a t e S e r v ic e s

. A g g r e g a t e S t a t e m e n t o f T r a n s a c t i o n s b y F u n d

. D e t a i l e d S t a t e m e n t o f T r a n s a c t i o n s b y F u n d

. P r o g r a m S t a t e m e n t

. S t a t e m e n t o f S u p p l e m e n t a r y F i n a n c i a l I n f o r m a t i o n , a n d

. N o t e s t o t h e F i n a n c i a l S t a t e m e n t .

T h e I n d u s t r i a l R e g i s t r a r a n d E x e c u tiv e D i r e c t o r , C o r p o r a t e S e r v ic e s a r e r e s p o n s i b l e f o r t h e

p r e p a r a t i o n a n d p r e s e n t a t i o n o f t h e f i n a n c i a l s t a t e m e n t a n d t h e i n f o r m a t i o n c o n t a i n e d t h e r e i n . I h a v e

c o n d u c t e d a n i n d e p e n d e n t a u d i t o f t h e f i n a n c i a l s t a t e m e n t i n o r d e r t o e x p r e s s a n o p i n i o n o n it.

T h e R e g is t r y e m p lo y s t h e a c c o u n t i n g p o l i c i e s p r e s c r i b e d in N o t e 1 t o t h e f i n a n c ia l s t a te m e n t.

T h e a u d i t h a s b e e n c o n d u c t e d in a c c o r d a n c e w i t h t h e A u s t r a l i a n N a t i o n a l A u d i t O f fic e A u d i t i n g

S ta n d a r d s , w h ic h i n c o r p o r a t e t h e A u s t r a l i a n A u d i t i n g S t a n d a r d s , t o p r o v i d e r e a s o n a b le a s s u r a n c e a s to

w h e t h e r t h e f i n a n c ia l s t a t e m e n t is f r e e o f m a t e r i a l m i s s t a t e m e n t . A u d i t p r o c e d u r e s in c lu d e d

e x a m i n a t i o n , o n a t e s t b a s i s , o f e v i d e n c e s u p p o r t i n g t h e a m o u n t s a n d o t h e r d is c lo s u r e s in t h e f in a n c ia l

s t a t e m e n t , a n d t h e e v a l u a t i o n o f a c c o u n t i n g p o l i c i e s a n d s ig n if ic a n t a c c o u n t i n g e s t im a t e s . T h e s e

p r o c e d u r e s h a v e b e e n u n d e r t a k e n t o f o r m a n o p i n i o n w h e t h e r , in a ll m a t e r i a l r e s p e c ts , t h e f in a n c ia l

s t a t e m e n t is p r e s e n t e d f a ir ly in a c c o r d a n c e w i t h A u s t r a l i a n a c c o u n t i n g c o n c e p t s a n d s ta n d a r d s ,

a p p l i c a b l e t o p u b l i c s e c t o r r e p o r t i n g e n t i t i e s e m p l o y i n g a m o d i f i e d c a s h b a s i s o f a c c o u n tin g , a n d

s t a tu t o r y r e q u i r e m e n t s , s o a s t o p r e s e n t a v ie w w h i c h is c o n s i s t e n t w ith m y u n d e r s t a n d i n g o f t h e

R e g is tr y ’s o p e r a t i o n s a n d c e r t a i n a s s e t s a n d l i a b i l i t ie s .

T h e a u d i t o p i n i o n e x p r e s s e d i n th is r e p o r t h a s b e e n f o r m e d o n t h e a b o v e b a s is .

GP O Box 17 15 P Melbourne Victoria 3001 Tel ephone (03) 617 4444 Facsimile (03) 629 1424

93

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

Unqualified Audit Opinion

In accordance with sub-section 51(1) of the Audit Act, I now report that the financial statement, in my opinion:

is in agreement with the accounts and records kept in accordance with section 40 of the Act

is in accordance with the Financial Statement Guidelines (Modified Cash Reporting) for Departmental Secretaries, and

presents fairly, in accordance with Statement of Accounting Concepts and applicable Accounting Standards and information required by the Guidelines, the transactions of the Registry for the year ended 30 June 1994 and certain assets and liabilities as at that date.

i . i - A J U g i m a i i

Executive Director Australian National Audit Office Melbourne

15 September 1994

94

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

AUSTRALIAN INDUSTRIAL REGISTRY

A G G REG A TE STATEMENT OF TRANSACTIONS B Y FUND

FO R THE PERIOD ENDED 30 JUNE 1994

This statement shows aggregate cash transactions, for which the Registry is responsible.

1992-93 ACTUAL $

1993-94 BUDGET S

1993-94 ACTUAL $

478,625

CONSOLIDATED REVENUE FUND (CRF)

Receipts - Miscellaneous 600,000 435,416

39,274,057 Expenditure from Annual Appropriations 42,682,000 41,418,098

24,079 Section 35 receipts 38,000 31,484

207,500 Receipts - Coal Industry Tribunal 571,000 586,796

95

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

AUSTRALIAN INDUSTRIAL REGISTRY

DETAILED STATEM ENT OF TRANSACTIONS BY FUND

FO R THE PERIOD ENDED 30 JUNE 1994

CONSOLIDATED REVENUE FUND (CRFf

RECEIPTS TO CRT

The CRT is the main working fund of the Commonwealth and consists o f all current moneys received by the Commonwealth. The Registry is responsible for the following receipt items.

1992-93 ACTUAL $

1993-94 BUDGET $

1993-94 ACTUAL S

426,279 Sale o f Awards, Decisions and Variations 520,000 374,120

37,773 Payment o f fees in accordance with

the Industrial Relations Act 1988 and Regulations

80,000 18,050

24 Appropriations former years — 1,485

7,000 Australian Traineeship Scheme subsidies 8,000 8,000

7,549 Other Revenue — 33,761

24,079 Section 35 30,000 31,484

207,500 New South Wales Government contribution for funding of Coal Industry Tribunal 571,000 586,796

710,204 TOTAL RECEIPTS TO CRF 1,209,000 1,053,696

96

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued.,..

EXPENDITURE FR O M CRF

The Constitution requires that an appropriation of moneys by the Parliament is required before any expenditure can be made from the CRF. Appropriations follow two forms:

. special (or standing) appropriations; and

. annual appropriations.

The Registry did not incur expenditure against special or standing appropriations. The Registry is responsible for the following expenditure items.

1992-93 1993-94 1993-94

ACTUAL $

Annual ADDrooriations

APPROPRIATION $ ACTUAL $

39,247,057 (Appropriation Act N o 1 41,943,000)

(Appropriation Act N o 3 739,000) 41,418,098

(Section 35 receipts 38,000)

39,247,057 Total Expenditure from Annual Appropriations 42,720,000 41,418,098

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

DETAILS OF EXPENDITURE FROM ANNUAL APPROPRIATIONS

1992-93 1993-94 1993-94

ACTUAL APPROPRIATION ACTUAL

$

APPROPRIATION ACTS NOS 1 AND 3

Division 368 Administrative

$ $

28,774,336 01. Running Costs 31,874,000 31,313,354

10,470,377 02. Property Operating Expenses 10,804,000 10,100,815

2,344 03. Legal Services 4,000 3,929

39,247,057 42,682,000 41,418,098

98

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

AUSTRALIAN INDUSTRIAL REGISTRY

PROGRAM SUMMARY

FOR THE PERIOD ENDED 30 JUNE 1994

1. The Australian Industrial Registry's operations only comprise a single program and accordingly it is not a requirement to include a Program Summary, refer to paragraph 3.4.2 o f the Financial Statements Guidelines.

99

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Appendix 7 continued....

AUSTRALIAN INDUSTRIAL R EGISTRY

NOTES TO TH E FINANCIAL STATEM ENTS

FOR THE PERIOD ENDED 30 JU N E 1994

NOTE 1

STATEMENT O F SIGNIFICANT ACCOUNTING PO LICIES

(a) (i) The financial statements have been prepared in accordance with the ‘Financial Statem ents Guidelines for Departmental Secretaries Modified Cash Reporting' issued by the M inister for Finance.

(ii) The R egistry does not operate either a Loan Fund or Trust Fund.

(b) (i) The R egistry employs a cash basis o f accounting whereby revenue is recorded when it is received and expenses are recorded when they are paid. Certain assets and liabilities are reported by way o f schedule to the financial statement (Statem ent o f Supplementary Financial Information) as required by the Financial Statement

Guidelines for Departmental Secretaries (Modified Cash Reporting).

(ii) The financial statements have been prepared in accordance with the historical cost convention and do not take account o f changing money values or, except where stated, current values o f non-current assets.

(c) Amounts shown in the Aggregate Statement o f Transactions By Fund and the Detailed Statement o f Transactions by Fund have been rounded to the nearest $1.

(d) Transactions involving foreign exchange occurring during the period have been converted to Australian currency at the rate o f exchange prevailing at the date o f each transaction.

(e) The Registry has not disclosed liabilities relating to superannuation with respect to officers o f the R egistry and M embers o f the Australian Industrial Relations Commission (the Commission). With the implementation of a new autom ated human resources management information system, the Registry expects to fully disclose all liabilities relating to

superannuation in the 1994-95 Financial Statements.

(f) During 1993-94 a review was undertaken o f stocks o f awards, variations and decisions. The result o f the review revealed that stocks o f awards, variations and decisions do not satisfy the definition o f inventory as required by the Guidelines. Accordingly the Registry has discontinued the disclosure o f this item in its financial statement. The costs associated with awards, variations and decisions are expensed as incurred.

101

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

(g) D uring 1993-94 the Registry implemented a $2,000 minimum threshold for disclosure of non-current assets in the Statement o f Supplementary Financial Information (in accordance with paragraph 3.6.30 o f the Guidelines). To ensure comparability the 1992-93 am ount has been adjusted to reflect this change in policy. Non-current assets are valued at purchase

cost less accumulated depreciation. Refer Note 6.

(h) The provision for annual leave and long service leave is calculated on the basis o f accrued entitlements at current salary rates as at 30 June 1994. Long service leave has been provided for on the basis o f entitlement calculated on a minimum length of service o f five years. The classification o f part o f this provision is a non-current liability relates to those

employees with less than 10 years service. Refer Note 8.

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

NOTE 2

RUNNING C O ST S (ANNOTATED APPROPRIATION 0-000-45-56)

This appropriation was annotated pursuant to section 35 o f the Audit Act 1901 to allow the crediting o f certain receipts

An agreement w as reached to allow for the crediting o f periodic contributions from the recipients of private plated vehicles to the Registry's running costs appropriation.

The annotated appropriation operated as follows-

Annotated ADDrooriation Receiots AnDronriation Exoenditure

(1) (2) 0 ) + (2)

N IL $38,000 $38,000 $31,484

CURRENT A SSETS

NOTE3

CASH ON H A N D AND AT BANK

This amount o f $97,807 is represented by the following:

funds available in bank accounts operated by the Registry for the sole purpose o f providing travel allowance advances to officers from the Registry and M embers o f the Commission, $89,466

. petty cash advances, $2,268

. postage stam p advances, $3,595

. monies received but not paid into the Commonwealth Public Account, $2,478.

103

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

NOTE 9

AM OUNTS W RITTEN OFF

An amount o f $701 has been written off during the financial year 1993-94 under sub-section 70c (1) o f the A udit Act 1901. The amount relates to a theft o f public monies at the Sydney Registry on 10 May 1993.

NOTE 10

RESOURCES RECEIVED FREE OF CHARGE

Department o f Finance

The provision o f accounting and budgetary services in the form o f the computerised Finance Ledger and payroll services.

NOTE 11

COMMITMENTS

The Registry has entered into the following forward obligations as at 30 June which are payable as follows:

Item N ot later than

one year $

1-2 years

$

2-5 years

$

Later than 5 years $

Total

S

Property 8,990,337 7,871,814 10,979,855 16,888,294 44,293,607

Operating Commitments

106

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

APPENDIX: G LO SSARY OF TERM S (As appropriate)

ADMINISTRATIVE EXPENSES: Includes not just expenditure on office based activities but all operational expenditure (excepting salaries). The item includes both direct costs and overhead expenditure: it includes, inter alia, minor capital expenditure which is considered part o f ordinary

annual services; it does not include, inter alia, major capital expenditure, grants, loans or subsidies.

ANNUAL APPROPRIATIONS: Acts which appropriate moneys for expenditure in relation to the Government's activities during the financial year. Such appropriations lapse on 30 June.

APPROPRIATION: Authorisation by Parliament to expend public moneys from the Consolidated R evenue Fund or L oan Fund for a particular purpose, or the amounts so authorised. All expenditure (ie outflows o f moneys) from the Commonwealth Public A ccount must be appropriated ie authorised by the Parliament.

APPROPRIATION ACT (Nos 3 and 4): Where an amount provided in an Appropriation Act (No 1 or 2) is insufficient to meet approved obligations falling due in a financial year, additional appropriation may be provided in a further Appropriation Act (No 3 or 4). Appropriations may also be provided in these Acts for new expenditure proposals. For 1992-93, additional appropriation was provided in Appropriation Act No 5.

AUDIT ACT 1901: The principal legislation governing the collection, payment and reporting o f public moneys, the audit o f the Public Accounts and the protection and recovery o f public property. Finance Regulations and Directions are made pursuant to the Act.

COMMONWEALTH PUBLIC ACCOUNT (CPA): The main bank account o f the Commonwealth, maintained at the Reserve Bank in which are held the m oneys o f the Consolidated Revenue Fund.

CONSOLIDATED REVENUE FUND (CRF); LOAN FUND; TRUST FUND: The three Funds comprise the Commonwealth Public Account (CPA).

CRF - The principal working fund o f the Commonwealth mainly financed by taxation, fees and other current receipts. The Constitution requires an appropriation o f moneys by the Parliament before any expenditure can be made from the CRF. These follow tw o forms:

(i) annual appropriations consisting of Supply Acts (Nos 1 and 2), the Supply

(Parliamentary Departm ents) Act, the Appropriations Acts (Nos 1-4) and the Appropriation (Parliamentary Departments) Acts (Nos 1 and 2) (the Supply Acts relate to the first five months o f the financial year and are subsumed by the

corresponding Appropriation Acts); and

(ii) special or standing appropriations.

107

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 7 continued....

EX PEN D ITU R E: The total or gross amount o f money spent by the Governm ent on any or all of its activities (ie the total outflow o f moneys from the Com m onw ealth Public Account) (c.f O utlays'). All expenditure must be appropriated ie authorised by the Parliament, (see also ’Appropriations'). Every expenditure item is classified to one o f the economic concepts of outlays, revenue (ie offset within revenue) or financing transactions.

RECEIPTS: The total or gross amount o f moneys received by the Com monwealth (ie the Com monwealth Public Account). Every receipt item is classified to one o f the economic concepts o f revenue, outlays (ie offset within outlays) or financing transactions.

RECEIPTS N O T OFFSET W ITHIN OUTLAYS: Receipts classified as 'revenue’. See also 'Revenue'.

RECEIPTS OFFSET W ITHIN OUTLAYS: Refers to receipts which are netted against certain expenditure items because they are considered to be closely or functionally related to those items eg receipts from computer hire charges are offset against the running costs o f the department's accounting and management information systems.

REVENUE: Items classified as revenue are receipts which have not been offset within outlays or classified as financing transactions. The term 'revenue' is an economic concept which comprises the net am ounts received from taxation, interest, regulatory functions, investment holdings and government business undertakings. It excludes amounts received from the sale o f government

services or assets (these are offset within outlays) and amounts received from loan raisings (these are classified as financing transactions). Some expenditure is offset within revenue eg refunds to PAYE tax instalments and the operating expenditure o f budget sector business undertakings. See also 'Receipts’.

108

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 8

ADDRESSES OF THE COMMISSION AND REGISTRY

Principal Registry

Level 35, Naum House 80 Collins Street Melbourne, VIC 3000 Tel: (03) 653-8200

Victoria

Level 35, Nauru House 80 Collins Street Melbourne, VIC 3000 Tel: (03) 653-8200

New South Wales

Level 8, Terrace Towers 80 William Street East Sydney, NSW 2011 Tel: (02) 332-0666

Queensland*

Level 14, Central Plaza Two 66 Eagle Street Brisbane, QLD 4000 Tel: (07) 227-6666

South Australia

Level 8, Riverside Centre North Terrace Adelaide, SA 5000 Tel: (08)207-0900

Australian Capital Territory

4th Floor CML Building University Avenue Canberra City, ACT 2600 Tel: (06) 247-9333

Western Australia

2nd Floor National Westminster House 251 Adelaide Terrace Perth, WA 6000

Tel: (09) 325-4188

Tasmania

1st Floor Commonwealth Law Courts 39-41 Davey Street Hobart, TAS 7000 Tel: (002) 32-1753

Northern Territory

Construction House 1 Briggs Street Darwin, NT 5790 Tel: (089) 81-7788

* P r e v i o u s a d d r e s s : L e v e l 6 , C o m m o n w e a l t h C o u r t s B u i l d i n g , 2 9 4 A d e l a i d e S t r e e t , B r i s b a n e , Q l d , 4 0 0 0 .

109

AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

Appendix 8 continued....

ADDRESSES OF THE TRIBUNAL AND LOCAL COAL AUTHORITIES

Coal Industry Tribunal

Level 14

80 William Street

East Sydney, NSW 2011

Tel: (02) 332-0777

Wollongong

ANZ Building

223-229 Crown Street

Wollongong, NSW 2500

Tel: (042) 29-1026

Newcastle

Lombard House

384 Hunter Street

Newcastle, NSW 2300

Tel: (049) 29-1998

Lithgow

Level 1

52 Eskbark Street

Lithgow, NSW 2790

Tel: (063) 53-1765

N o te : T h e o ffic e in W o llo n g o n g is a tte n d e d o n ly o n a p a r t - t i m e b a s i s w h e n a m a t t e r is b e f o r e

th e T r ib u n a l o r a L o c a l C o a l A u th o r ity .

T h e o ffic e in L it h g o w i s o n ly a tte n d e d w h e r e a m a t t e r is b e f o r e th e T r ib u n a l o r a L o c a l

C o a l A u th o r ity .

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AUSTRALIAN INDUSTRIAL REGISTRY ANNUAL REPORT 1993-94

A P P E N D I X 9

GLOSSARY OF ABBREVIATIONS AND ACRONYMS

ABC Agency Bargaining Committee

AGCC Australian Government Credit Card

AGPS Australian Government Publishing Service

AIR Australian Industrial Registry

AIRC Australian Industrial Relations Commission

ANAO Australian National Audit Office

ASO Administrative Service Officer

ATSI Aboriginal and Torres Strait Islander

CAR Commonwealth Arbitration Report

CARMS Computer Aided Records Management System

CIT Coal Industry Tribunal

DWG Designated Work Group

EEO Equal Employment Opportunity

FATEXT Federal Award Text Retrieval System

FMIS Financial Management Information System

FOI Freedom Of Information

GAMES Government Accounting Management and Estimates System

ID Industrial Democracy

LAN Local Area Network

NESB Non-English Speaking Background

NOMAD National Organisational Management Database

OH&S Occupational Health and Safety

PSU Public Sector Union

PWD People with a Disability

RCC Registry Consultative Committee

RITC Registry Information Technology Committee

SD&TAC Staff Development and Training Advisory Committee

SES Senior Executive Service

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I N D E X

A Access and E q u ity .......................................................................................................................................................... 41

Addresses of the Commission and R e g is try ...................................................................................................... 109

A ddresses of the Tribunal and Local Coal Authorities.....................................................................................110

Advertising and M arket R e s e a rc h ............................................................................................................................. 73

Analysis of Applications to V ary Lodged U nder Section 1 1 3 .......................................................................... 21

Analysis of Notifications Under Section 9 9 .................... ,......................................................................................16

Auditor-G eneral's R e p o rt..............................................................................................................................................59

Australian Industrial Registry Corporate Plan 1 9 9 3 ............................................................................................ 81

Australian Industrial Registry Staffing A rran g em en ts........................................................................................ 85

C Checklist of Departm ental Reporting R e q u ire m e n ts ..........................................................................................75

Checklist of Statutory Authority Reporting G u id elin es.......................................................................................77

Coal Industry Tribunal - Adm inistrative S u p p o rt..................................................................................................57

C o n s u lta n c ie s ................................................................................................................................................................... 57

Consultation ......................................................................................................................................................................67

Contact O fficer for Enquiries or C o m m e n ts ............................................................................................................ x

Corporate Plan ........................................................................................................................................................38, 81

Corporate S ervices B ranch..........................................................................................................................................50

E Enterprise Bargaining/Bargaining D iv is io n .............................................................................................................. 7

Equal Em ploym ent Opportunity ( E E O ) ...................................................................................................................61

Equal P a y ............................................................................................................................................................................. 8

F Financial S tatem ents 19 93-9 4 ................................................................................................................................... 91

Fraud C o n tro l.................................................................................................................................................................... 59

Freedom of Information (F O I) S ta te m e n t...............................................................................................................71

Full Bench M a tte rs ..........................................................................................................................................................26

G Glossary of Abbreviations and A c ro n y m s ........................................................................................................... 111

H Hum an R esources S e c tio n ......................................................................................................................................... 50

I Industrial Dem ocracy ( I D ) ............................................................................................................................................65

Information Services S e c tio n ..................................................................................................................................... 51

Information Technology S e c tio n ............................................................................................................................... 53

Internal and External S cru tin y.................................................................................................................................... 59

L L e g is la tio n ........................................................................................................................................................................... 7

L ib ra ry ................................................................................................................................................................................ 52

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Index continued....

M M ajor Docum ents Contributing to an Understanding of the W ork of the C om m issio n, Tribunal and R e g is try ................................................................................ 79

M atters Determ ined by the C o m m is s io n ............................................................................................................... 28

M em bership of the Com m ission ..........................................................................................................................9 · 13

O O bituary - The Honourable Justice Barry M a d d e rn .............................................................................................. 3

O ccupational Health and S a fe ty (O H & S ) ............................................................................................................... 69

Organisation S tru ctu re....................................................................................................................................................42

Organisational C h a n g e s ................................................................................................................................................43

Organisations B ra n c h .....................................................................................................................................................46

Organisations Matters: 1 July 1 9 9 3 - 30 June 1 9 9 4 ......................................................................................... 27

P Panel Assignm ents as at 3 0 Ju n e 1 9 9 4 ..................................................................................................................29

Perform ance Appraisal and P a y ................................................................................................................................74

Perform ance R ep orting.................................................................................................................................................. 44

Publications and Subscription S ervices A vailable from the R egistry...........................................................89

Publications S e c tio n ....................................................................................................................................................... 55

R Registrars' C o n fe re n c e s ............................................................................................................................................... 68

Registry Consultative C o m m itte e .............................................................................................................................. 67

Registry Information Technology C o m m itte e ....................................................................................................... 68

Registry Occupational Health and S afety C o m m itte e ........................................................................................67

Registry O v e rv ie w ...........................................................................................................................................................37

Registry S tru ctu re............................................................................................................................................................42

Relationship With S tate Industrial Tribunals .........................................................................................................12

Reporting A p p ro a c h ..........................................................................................................................................................ix

Resources M anagem ent S e c tio n .............................................................................................................................. 56

R eview of A w a rd s ...............................................................................................................................................................8

R eview of W ag e Fixing P rin cip les............................................................................................................................. 11

S

Senior Executive Service In fo rm a tio n ..................................................................................................................... 43

Social J u s tic e ................................................................................................................................................................... 40

Staff Developm ent and Training Advisory C o m m itte e ...................................................................................... 68

Staffing A rrangem ents as at 30 Ju ne 1 9 9 4 ........................................................................................................... 85

State and Territory R e g is trie s .....................................................................................................................................46

Statistics on the Activities of the C o m m issio n ...................................................................................................... 14

S tu d y b a n k ..........................................................................................................................................................................5 1

U Unfair D ism issals........................................................................... 8

W

W ork of the C om m ission....................................................... 1 1

Y Y e a r In S u m m a ry.......................................................... 3 5

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