National Workplace Relations Consultative Council Regulations 2020 (Cth)

National Workplace Relations Consultative Council Regulations 2020

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 05 March 2020

David Hurley

Governor‑General

By His Excellency’s Command

Christian Porter

Minister for Industrial Relations

Contents

Part 1Preliminary1Name

This instrument is the National Workplace Relations Consultative Council Regulations 2020.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	11 March 2020

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the National Workplace Relations Consultative Council Act 2002.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Council;

(b) member.

In this instrument:

Act means the National Workplace Relations Consultative Council Act 2002.

official travel determination means:

1. (a)

   the Remuneration Tribunal (Official Travel) Determination 2019; or

2. (b)

   any determination that supersedes that determination.

Part 2Travelling allowance6Travelling allowance for members

1. (1)

   For the purposes of subsection 9(1) of the Act, a member is authorised to receive travelling allowance for:

   1. (a)

      travel to attend a meeting of the Council; or

   2. (b)

      other travel related to the purposes of the Council.

2. (2)

   The rate of travelling allowance is equal to the rate of travelling allowance that would be payable to a tier 2 office holder under the official travel determination when the travel takes place.

   Note: A representative invited under subsection 10A(1) of the Act is entitled to travelling allowance as if the representative were a member (see subsection 10A(4) of the Act).

7Travelling allowance for persons nominated to attend meetings

1. (1)

   A person nominated under subsection 10(1) or (2) of the Act to attend a meeting of the Council in place of a member is authorised to receive travelling allowance for travel to attend the meeting.

2. (2)

   The rate of travelling allowance is equal to the rate of travelling allowance that would be payable to a tier 2 office holder under the official travel determination when the travel takes place.

8Travelling allowance for members of committees

1. (1)

   For the purposes of subsection 12(2) of the Act, a member of a committee constituted under subsection 12(1) of the Act is authorised to receive travelling allowance for:

   1. (a)

      travel to attend a meeting of the committee; or

   2. (b)

      other travel related to the purposes of the committee.

2. (2)

   The rate of travelling allowance is equal to the rate of travelling allowance that would be payable to a tier 2 office holder under the official travel determination when the travel takes place.

9Claims for travelling allowance

1. (1)

   A person who wishes to receive travelling allowance under this Part must give the Department a claim, in writing, for the allowance.

2. (2)

   The claim must specify the travel to which the claim relates.

3. (3)

   The Secretary of the Department must make arrangements for determining claims made under subsection (1) and for paying amounts determined to be payable.

Schedule 1—Repeals

National Workplace Relations Consultative Council Regulations 2004

1 The whole of the instrument

Repeal the instrument.