Industrial Relations (General) (NSW)
New South Wales
Industrial Relations (General)
under the
Industrial Relations Act 1996
His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Industrial Relations Act 1996.
JEFFREY SHAW, Q.C., M.L.C., Minister for Industrial Relations
Explanatory note
The object of this Regulation is to declare that certain security industry workers who are engaged as subcontractors are to be employees (and to declare the contractors to be their employers) for the purposes of the
Industrial Relations Act 1996.This Regulation is made under the Industrial Relations Act 1996, including clause 1 (m) of Schedule 1 and section 407.
Published in Gazette No 100 of 26 June 1998, page 51 15 Page 1
1998 No 352
| Clause 1 | Industrial Relations (General) Amendment Regulation 1998 |
| 1 Name of Regulation |
This Regulation is the Industrial Relations (General) Amendment
Regulation 1998.
2 Commencement
This Regulation commences on 1 July 1998.
3 Amendment of Industrial Relations (General) Regulation 1996
The Industrial Relations (General) Regulation 1996 is amended as set out in Schedule 1 .
4 Notes
The explanatory note does not form part of this Regulation.
Industrial Relations (General) Amendment Regulation 1998 Amendment Schedule 1 Schedule 1 Amendment
(Clause 3)
Insert after Part 7:
Part 7A Additional persons deemed to be
employees35A Additional persons prescribed by regulation
(1) The persons described in this Part as employees are
taken to be employees for the purposes of the Act.(2)
A person described in this Part as the employer of any such employee is taken to be the employer for the purposes of the Act.
Note. Clause 1 (m) of Schedule 1 to the Act authorises the making of regulations prescribing additional categories of deemed employees and their deemed employer.
35B Security industry workers
(1)
Any person (other than a bona fide contractor employing labour for that purpose) who performs security officer work, or security transport work, under a contract with another person is taken to be an employee.
(2) In such a case, the other person is taken to be the
employer of the person who performs that work.(3 )
For the purposes of this clause, security officer work is work for which a rate of pay is fixed by the Security Industry (State) Award when performed by an employee. being the work of security officers in the security or watching industries:
(a) including the work of persons engaged in control rooms to monitor, respond to or act on security
alarm systems, but
(b)
not including the work of persons engaged solely as general office or clerical workers.
1998 No 352
industrial Relations (General) Amendment Regulation 1998
| Schedule 1 | Amendment |
(4) For the purposes of this clause, security transport work is work for which a rate of pay is fixed by the Transport Industry—Armoured Cars, &c. (State) Award when performed by an employee, being the work of transporting cash or other valuables by armoured vehicle (whether as an armoured vehicle operator, a despatch hand or an armoured vehicle escort).
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