Industrial Relations Regulations (Amendment) (Cth)

Statutory Rules 1992

No.357 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 2 November 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 Interpretation Act 1901, s.48]

2.   Regulation 131P (Award provisions relating to records)

2.1   Subregulation 131P (2):

Omit the subregulation.

2.2   Add at the end:

“(2)In this regulation, ‘award’, in relation to the Commonwealth or a State or Territory or to an authority of the Commonwealth or of a State or Territory, is taken to include:

• (a)

  a law of the Commonwealth or of a State or Territory relating to conditions of employment by the Commonwealth or the State or Territory or by a Commonwealth, State or Territory authority; and

• (b)

  administrative or industrial arrangements and practices relating to employment of that kind.”.

3.

Regulation 131R (Offences)

3.1   Subregulation 131R (2):

Omit “1 December 1992”, substitute “1 February 1993”.

4.   New Part 9B

4.1   After regulation 131R, insert:

“PART 9B—PAY SLIPS

Pay slips—subsection 353A (2) of the Act

 “132A. (1) An employer who employs an employee under an award (other than an award to which a certificate under regulation 132C applies) must issue to the employee a written pay slip relating to each payment by the employer of an amount to the employee as remuneration within 1 day of the payment to which the pay slip relates being made to the employee.

“(2)

The employer must include on a pay slip particulars specified in regulation 132B.

Penalty: $1,000.

Contents of pay slips

 “132B. For the purposes of subregulation 132A (2), the following particulars are specified:

• (a)

  the name of the employee;

• (b)

  the classification of the employee in accordance with the award under which he or she is employed;

• (c)

  the date on which the payment to which the pay slip relates is made;

• (d)

  the period of days to which that payment relates;

• (e)

  if the employee is paid at an hourly rate of remuneration:

  • (i)

    the ordinary hourly rate; and

  • (ii)

    the number of hours in that period for which the employee was employed at that rate; and

  • (iii)

    the amount of the payment made at that rate;

• (f)

  if the employee is paid at another hourly rate of remuneration in addition to the ordinary hourly rate:

  • (i)

    that other rate, or those other rates, of remuneration; and

  • (ii)

    the number of hours in the period for which the employee was employed at the other rate or rates; and

  • (iii)

    the amount of the payment made at the other rate or rates;

• (g)

  if the employee is paid at an annual rate of remuneration—that rate as at the latest date to which the payment relates;

• (h)

  the gross amount of the payment;

• (i)

  the net amount of the payment;

• (j)

  any amount included in the net amount of the payment that is by way of an allowance;

• (k)

  the following details of each amount deducted from the gross amount of the payment:

  • (i)

    the purpose of each deduction; or

  • (ii)

    the name, or the name and number, of the fund or account into which the amount of the deduction was paid;

• (l)

  in respect of the any occupational superannuation fund or scheme to which the employer made a contribution in respect of the employee in the period:

  • (i)

    the amount of the contribution; and

  • (ii)

    the name of the fund or scheme.

Award provisions relating to pay slips

“132C.

(1) The Commission may issue a certificate stating that an award complies with this Part if the Commission is satisfied that the award requires:

• (a)

  a pay slip to be issued with, or as soon as practicable before or after, each payment to which the pay slip relates; and

• (b)

  the issue of pay slips that are reasonably comparable to pay slips containing particulars specified in regulation 132B.

“(2)

The Commission may issue a certificate:

• (a)

  on its own motion; or

• (b)

  at the request of an employer who employs an employee under the award.

“(3)

A certificate applies to an award only if the employer issues pay slips in accordance with the award.

“(4)In this regulation, ‘award’, in relation to the Commonwealth or a State or Territory or to an authority of the Commonwealth or of a State or Territory, is taken to include:

• (a)

  a law of the Commonwealth or of a State or Territory relating to conditions of employment by the Commonwealth or the State or Territory or by a Commonwealth, State or Territory authority; and

• (b)

  administrative or industrial arrangements and practices relating to employment of that kind.”.

Offences

 “132D. (1) Nothing in this Part makes the Crown in right of the Commonwealth, a State or a Territory liable for prosecution.

“(2)

An act or omission that occurs on or before 1 February 1993 is not an offence under this Part.”.

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NOTES

1.

 Notified in the Commonwealth of Australia Gazette on 9 November 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 Nos. 81, 139, 158 , 232, 274, 339 and 351.