Workplace Relations Amendment Regulations 2002 (No 1) (Cth)

Workplace Relations Amendment Regulations 2002 (No. 1)1

Statutory Rules 2002 No. 712

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996.

Dated 11 April 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Employment and Workplace Relations

1Name of Regulations

 These Regulations are the Workplace Relations Amendment Regulations 2002 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Workplace Relations Regulations 1996

Schedule 1 amends the Workplace Relations Regulations 1996.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 2, after definition of the Act

insert

Workplace Relations Minister means the Minister administering Part I of the Workplace Relations Act 1996.

[2]Paragraph 4 (2) (d)

substitute

• (d)

  persons who hold an office established under a law of the Commonwealth or of a Territory, other than persons who, otherwise than in their capacity as the holder of such an office, are employed or serve in a capacity described in paragraphs (a) to (e) of that definition of public sector employment.

Example

An example of a person who would fall within the exception to paragraph (d) is an APS employee who also holds a part-time statutory office, or who is granted leave without pay from his or her APS employment in order to take up a full-time statutory office.

[3]Paragraph 7 (c)

omit

Minister of State for Industrial Relations — an officer of the Australian Public Service;

insert

Workplace Relations Minister — an APS employee or Parliamentary Service employee;

[4]Subregulation 8D (2), definition of authorised person, subparagraph (b) (iii)

omit

Minister for Industrial Relations.

insert

Workplace Relations Minister.

[5]Subregulation 30ZM (2), definition of authorised person, subparagraph (b) (iii)

omit

Minister for Industrial Relations.

insert

Workplace Relations Minister.

[6]Regulation 137

omit

Department of Industrial Relations

insert

Department of Employment and Workplace Relations

[7]Schedule 1, form 1

omit

*Minister of State for Industrial Relations,/* a person to whom the Minister of State for Industrial Relations

insert

*Minister for Employment and Workplace Relations,/ *a person to whom the Minister for Employment and Workplace Relations

[8]Schedule 2, item 1

omit each mention of

Minister of State for Industrial Relations

insert

Workplace Relations Minister

[9]Schedule 2, items 3 and 4

substitute

3	APS employees, within the meaning of the Public Service Act 1999, performing duties or employed in a particular Agency as defined in the Public Service Act 1999	The Agency Minister within the meaning of the Public Service Act 1999 The Agency Head within the meaning of the Public Service Act 1999 The Workplace Relations Minister
4	Parliamentary Service employees, within the meaning of the Parliamentary Service Act 1999, performing duties or employed in a particular Department as defined in the Parliamentary Service Act 1999	A Presiding Officer within the meaning of the Parliamentary Service Act 1999 The Secretary within the meaning of the Parliamentary Service Act 1999

[10]Further amendments

Provision	omit each mention of	insert
Subparagraph 7 (b) (ii), paragraph 7  (e), subparagraph 7 (ha) (iv) and paragraph 7 (n)	an officer of the Australian Public Service	an APS employee or Parliamentary Service employee
Regulation 8C	a Senior Executive Service officer of the Australian Public Service.	an SES employee as defined in section 34 of the Public Service Act 1999.

Notes

1. These Regulations amend 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, 351, 357, 435 and 436; 1993 Nos. 22, 23, 41, 61, 128 and 330; 1994 Nos. 68, 79, 185, 244, 287 and 386; 1995 Nos. 376 and 434; 1996 Nos. 80, 168, 269, 307, 328, 329 and 351; 1997 Nos. 48, 56, 101 (regulation 4 was disallowed by the Senate on 26 June 1997), 246, 281, 313, 314 (disallowed by the Senate on 25 March 1998) and 424; 1998 Nos. 187, 338 (disallowed by the Senate on 16 February 1999), 353 (disallowed by the Senate on 16 February 1999) and 354; 1999 Nos. 42, 43, 67, 195, 205, 244, 297, 336 and 337; 2000 Nos. 121 (disallowed by the Senate on 17 August 2000), 258 and 328 (disallowed by the Senate on 27 June 2001); 2001 Nos. 225, 323 and 326.

2. Notified in the Commonwealth of Australia Gazette