Workplace Relations Regulations 1996

Administered by Department of Employment and Workplace Relations

Legislation au F1997B00748 Regulations Not in force Legislative Instrument

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Workplace Relations Regulations 1996

Statutory Rules 1989 No. 12 as amended

made under the

Workplace Relations Act 1996

This compilation was prepared on 24 March 2005
taking into account amendments up to SLI 2005 No. 42

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra

Contents

Part I Preliminary

 1 Name of regulations [see Note 1]

 2 Interpretation 

 3 Prescribed persons etc — definition of employing authority in subsection 4 (1) of the Act             

 4 Definition of public sector employment in the Act: prescribed laws and persons             

 4A Definition of State industrial authority (Act, s 4 (1)) 

Part II Membership of Commission

 5 Prescribed State industrial authorities — section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act             

 6 Prescribed tribunals — subsections 15 (1), 15 (2) and 21 (5) of the Act             

Part III Representation before Commission and Court

 7 Representation of employing authorities before the Commission or Court             

 8 Representation of certain persons by unregistered associations             

Part IIIA The Employment Advocate

Division 1 Authorised officers

 8AA Provision of free legal representation for proceedings relating to the application or operation of Part VID or XA of the Act             

 8A Identity cards — prescribed form 

 8B Taking of samples 

Division 2 Appointment, conditions of appointment etc of Employment Advocate

 8C Remuneration and allowances 

Division 3 Miscellaneous

 8D Exception to prohibition on disclosure of identity of AWA parties             

 8X Prescribed period, Act, paragraph 84 (2) (b) 

Part IV Inspectors

 9 Powers and functions of inspectors 

 10 Identity cards — prescribed form 

 11 Taking of samples 

Part V Dispute prevention and settlement

Division 1 Powers of Commission

 13 Compulsory conferences 

 14 Prescribed Acts and enactments — subsection 121 (2) of the Act             

Division 2 Local industrial boards and boards of reference

 15 Remuneration and allowances of members 

Division 3 Common rules

 16 Application for a common rule 

 17 Service of notice 

 18 Notice of appearance 

 19 Publication of common rule 

 20 Prescribed class of public sector employment — subsection 141 (3) of the Act             

 21 Publication of notice for the purposes of paragraph 141 (4) (a) of the Act             

 22 Proposed variation of common rules: notice of hearing by the Commission             

 23 Publication of a notice for subsection 142 (4) of the Act 

 24 Notice for purposes of subsection 142 (6) of the Act 

Division 4 Awards of Commission

 25 Manner of summoning or notifying party — paragraphs 149 (1) (b) and (c) of the Act             

 26 Prescribed time — paragraph 149 (1) (c) of the Act 

Part 5A Minimum entitlements of employees

Division 1 Termination of employment

 30A Interpretation — Division 1 

 30BB Specified rate 

 30BC Rate of remuneration per year 

 30BD Fee for application to Commission to deal with termination 

 30BE Amount taken to have been received by the employee 

 30BF Annual indexation of certain amounts 

 30BG Schedule of costs (Act, s 170CJ) 

 30C Temporary absence because of illness or injury 

 30CA Required period of notice — exception for serious misconduct

Overview

The Workplace Relations Regulations 1996, enacted under the Workplace Relations Act 1996, aim to address the gaps in the regulation and administration of workplace relations in Australia. The regulations were introduced to streamline and modernise the framework governing employment agreements, terminations, and industrial relations. They were created to support the Act by providing detailed operational rules and procedures. The regulations were developed and are managed by the Australian Government, with amendments made by various legislative instruments over the years to adapt to changing economic and social conditions. Key provisions include detailed rules on the formation, content, and enforcement of Australian Workplace Agreements (AWAs), the process for terminating employment, and the rights and obligations of employers and employees in various industrial contexts. The regulations also cover the administration of the Australian Industrial Registry and the powers of inspectors, ensuring compliance with workplace laws and facilitating the resolution of industrial disputes.

Scope and Application

The Workplace Relations Regulations 1996, made under the Workplace Relations Act 1996, are applicable to employees, employers, and other parties involved in workplace relations within the Commonwealth of Australia. These regulations provide detailed operational rules and procedures for various aspects of workplace relations, including but not limited to, the conduct of industrial disputes, the administration of workplace agreements, and the maintenance of employee records. The regulations apply to Commonwealth authorities, Northern Territory authorities, and employees engaged under various types of employment agreements such as awards, certified agreements, Australian Workplace Agreements (AWAs), and old Industrial Relations agreements. They also define the roles and responsibilities of the Employment Advocate and inspectors, and specify the procedures for dispute resolution, record-keeping, and the enforcement of compliance. The regulations cover the geographic jurisdiction of the Commonwealth, while also detailing specific provisions that may be adapted by the states, ensuring a coordinated approach to industrial relations across different jurisdictions. Certain exclusions and exemptions are outlined, particularly concerning the application of regulations to specific classes of public sector employment and certain state laws. The regulations have been subject to numerous amendments over the years, with some parts and provisions being repealed and replaced to align with legislative changes and evolving workplace practices. The scope of these regulations is extensive, addressing a wide array of issues from the minimum entitlements of employees to the procedural requirements for handling claims and disputes, making them a comprehensive framework for managing workplace relations in Australia.

Key Provisions

  • The Workplace Relations Regulations 1996, made under the Workplace Relations Act 1996, contain a variety of provisions that address different aspects of workplace relations in Australia. The regulations cover areas such as the definition of employing authority and public sector employment, membership of the Commission, representation before the Commission and Court, dispute prevention and settlement, and the rights and obligations of employers and employees. One significant section, Part 5A, focuses on the minimum entitlements of employees, including provisions for termination of employment, adoption leave, and the content and form of Australian Workplace Agreements (AWAs).
  • The regulations impose several obligations on employers and employees. Employers must provide employees with written pay slips containing specific details of the payment, including gross and net amounts, deductions, and superannuation contributions (regulation 132A and 132B). Employers are also required to keep accurate records of employee details, including classification, remuneration, leave, and termination of employment (regulations 131A to 131H). Employees, in turn, have obligations such as providing notice to their employer when intending to take adoption leave (regulation 30M and 30N) and ensuring that their leave does not exceed the maximum period or overlap with other leave entitlements (regulations 30J to 30Z).
  • There are various offences and penalties associated with breaches of the regulations. Employers who fail to provide the required records or make false or misleading entries in those records can be subject to penalties of up to 10 penalty units, which are currently equivalent to AUD 220 (regulation 131K and 131KA). Additionally, failure to comply with the pay slip requirements can incur a penalty of up to AUD 1,000 (regulation 132D). Inspectors and other authorised persons have the power to enforce these regulations and may take action, including instituting proceedings, against employers and employees who fail to comply with the provisions (regulation 9). Employers who fail to comply with a summons from the Registrar can face penalties of up to 5 penalty units (regulation 135). Furthermore, certain actions during secret ballots conducted by the Australian Electoral Commission are prohibited, and unauthorised actions can result in penalties of up to 10 penalty units (regulation 138).
  • In summary, the Workplace Relations Regulations 1996 establish clear guidelines and requirements for employers and employees in Australia. These regulations aim to promote fair and transparent workplace relations by ensuring compliance with record-keeping, pay slip, and adoption leave provisions, among others. The regulations also outline the consequences and penalties for non-compliance, providing a framework for enforcement and dispute resolution.

Legal classification tags

Area of Law
Employment & Labour Law
Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Enforcement Powers
Compliance Obligations
Administrative Discretion
Prohibited Conduct

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.