Industrial Relations Regulations (Amendment) (Cth)

Statutory

Rules1992No. 158 1

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Industrial Relations Regulations 2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Relations Act 1988.

 Dated 5 June 1992.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

PETER COOK

Minister of State for Industrial Relations

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1.   Amendment

1.1   The Industrial Relations Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts InterpretationAct 1901 s.48]

2.   Regulation 4 (Definition of “public sector employment” in the Act: prescribed laws and persons)

2.1   Paragraph 4 (2) (d):

Omit “officer (not being an unattached officer)”, substitute “unattached officer”.

3.   Regulation 7 (Representation of employing authorities before the Commission or Court)

3.1   Paragraph 7 (i):

Omit the paragraph, substitute:

• “(i)

  if the employing authority for the transitional staff within the meaning of the Australian Capital Territory Self-Government (Consequential Provisions) Act 1988 (in this regulation called ‘the transitional staff’) is the Chief Minister for the Australian Capital Territory, the Minister within the meaning of the Australian Capital Territory (Self-Government) Act 1988 responsible for exercising the power of the Executive concerning industrial relations or the Head of Administration within the meaning of that Act—a member of that transitional staff;

• (j)

  if the employing authority for the transitional staff is the Minister of State for Industrial Relations—an officer of the Australian Public Service;

• (k)

  if the employing authority for the persons to whom column 2 of item 16 in Schedule 2 applies is an authority mentioned in column 3 of that item:

   (i) a member of the Australian Capital Territory Teaching Service; or

   (ii) a member of the transitional staff;

• (l)

  if the employing authority for the members of the staff of an enactment authority to whom column 2 of item 17 in Schedule 2 applies is an authority mentioned in column 3 of that item:

   (i) a member of the staff of the enactment authority; or

   (ii) a member of the transitional staff;

• (m)

  if the employing authority for persons employed by a body corporate to whom column 2 of item 18 in Schedule 2 applies is an authority mentioned in column 3 of that item:

   (i) a person employed by the body corporate; or

   (ii) a member of the transitional staff;

• (n)

  in the case of any other employing authority—an officer of the Australian Public Service.”.

4.   Regulation 22 (Proposed variation of common rules: notice of hearing by the Commission)

4.1   Subparagraph 22 (1) (b) (iii):

Omit “and”.

4.2   Paragraph 22 (1) (b):

Add at the end:

 “(v) the Head of Administration within the meaning of the Australian Capital Territory (Self-Government) Act 1988; and”.

5.   Schedule 2 (Persons and bodies prescribed for the purposes of the definition of “employing authority” in the Act)

5.1   Add at the end:

“15 Transitional staff within the meaning of the Australian Capital Territory Self-Government (Consequential Provisions) Act 1988

 

Chief Minister for the Australian Capital Territory

 

The Minister, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, responsible for exercising the power of the Executive concerning industrial relations

 

Head of Administration of the Australian Capital Territory

 

The Minister of State for Industrial Relations

 

16 Members of the Australian Capital Territory Teaching Service

 

The relevant authority, within the meaning of subsection 19 (5) of the Teaching Service Act 1972, for the component of the Australian Capital Territory Teaching Service for which the members mentioned in column 2 are appointed or engaged

 

The Minister, within the meaning of the Australian Capital Territory (Self-Government)Act 1988, responsible for administering the Australian Capital Territory Teaching Service

 

The Minister, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, responsible for exercising the power of the Executive concerning industrial relations

 

Head of Administration of the Australian Capital Territory

 

17 Members of the staff of an enactment authority, within the meaning of the Australian Capital Territory Self-Government (Consequential Provisions) Act 1988, other than:

• (a)

  transitional staff mentioned in column 2 in item 15; and

• (b)

  members mentioned in column 2 in item 16

 

The principal executive officer (however described) of the enactment authority mentioned in column 2

 

The Minister, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, responsible for administering the enactment establishing that enactment authority

 

The Minister, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, responsible for exercising the power of the Executive concerning industrial relations

 

18 Persons employed by a body corporate:

 (a) incorporated under a law of the Australian Capital Territory; and

(b)

in which the Australian Capital Territory has a controlling interest; and

(c)

that is not an authority or body prescribed for the purposes of paragraph (bc) of the definition of ‘public sector employment’ in subsection 4 (1) of the Act

The principal executive officer (however described) of the body corporate mentioned in column 2

 

If the body corporate mentioned in column 2 was established by an Act of the Australian Capital Territory, the Minister, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, responsible for administering that Act

 

The Minister, within the meaning of the Australian Capital Territory (Self-Government) Act 1988, responsible for exercising the power of the Executive concerning industrial relations”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 June 1992.

 

2. Statutory Rules 1989 No. 12 as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461; 1991 Nos. 9, 11, 73, 137 and 366; 1992 No. 81.