Local Government (General) Amendment (Employment Protection) Regulation 2004 (NSW)
2004 No 107
New South Wales
Local Government (General)
Amendment (Employment Protection)
Regulation 2004
under the
Local Government Act 1993
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Local Government Act 1993.
ANTHONY BERNARD KELLY, M.L.C.,
Minister for Local Government
Explanatory note
One of the objects of this Regulation is to exempt certain kinds of termination payments by a council to its senior staff from a requirement, under section 354A of the Local Government Act 1993 (the Act), for Ministerial approval.
A further object is to specify circumstances in which a council to which a former council’s staff are transferred, following the constitution, amalgamation or alteration of council areas, is bound by a determination of the terms and conditions of employment of those staff made during the period when the relevant proposal to constitute, amalgamate or alter the council areas was being considered. Under section 354E of the Act, the council to which the staff are transferred is not bound by any such determination, unless the determination has been approved by the Minister or complies with requirements specified in regulations.
This Regulation is made under the Local Government Act 1993, including section 748
(the general regulation-making power) and sections 354A (4) and 354E (4) (a).
| Published in Gazette No 54 of 12 March 2004, page 1107 | Page 1 |
| 2004 No 107 | Local Government (General) Amendment (Employment Protection) |
| Clause 1 | Regulation 2004 |
Local Government (General) Amendment (Employment
Protection) Regulation 2004
under the
Local Government Act 1993
1 Name of Regulation
This Regulation is the Local Government (General) Amendment
(Employment Protection) Regulation 2004.
2 Amendment of Local Government (General) Regulation 1999
The Local Government (General) Regulation 1999 is amended as set out in Schedule 1.
| Local Government (General) Amendment (Employment Protection) | 2004 No 107 |
| Regulation 2004 | |
| Amendment | Schedule 1 |
| Schedule 1 Amendment |
(Clause 2)
Clauses 43C and 43D
Insert after clause 43B:
43C Exemption from Ministerial approval for certain termination
payments to senior staff
(1) The following kinds of payments to a senior staff member are
exempted from section 354A of the Act:
(a)
a termination payment that does not exceed the value of the senior staff member’s total remuneration package over the 12 months preceding his or her termination of employment,
(b)
a payment to which the senior staff member is entitled, on termination of employment, under any Act.
(2)
For the purposes of subclause (1) (a), a senior staff member’s total remuneration package includes the matters set out in section 332 (3) (a)–(d) of the Act.
43D Determinations relating to staff entitlements during proposal
period not requiring Ministerial approvalA determination to which section 354E of the Act applies is not required to be approved by the Minister if it complies with any of the following requirements:
(a)
it is a determination that is authorised by an industrial instrument, or employment policy of the former council, made or approved before the proposal period,
(b)
it is a determination in, or authorised by, an award, enterprise agreement or other industrial instrument made or approved by the Industrial Relations Commission or Australian Industrial Relations Commission,
(c)
it is a determination that comprises the renewal of an employment contract entered into before the proposal period.
BY AUTHORITY
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