Workplace Relations Regulations (Amendment) (Cth)

Statutory Rules 1996

No. 351 1

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Workplace Relations Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Workplace Relations Act 1996.

Dated 20 December 1996.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

PETER REITH

Minister for Industrial Relations

____________

1.   Commencement

1.1 These Regulations commence on the same day as item 3 of Schedule 1 to the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996.

2.   Amendment

2.1   The Workplace Relations Regulations are amended as set out in these Regulations.

3.   Part 9A (Records by employers)

3.1   After the heading, insert:

“Division 1—Employees under awards etc.”.

4.   New Division 2 of Part 9A:

4.1   After regulation 131R, insert:

“Division 2—Employees under employment agreements (Part XV of Act)

Interpretation

 “131S. Unless the contrary intention appears, expressions that are used in this Division and in Part XV of the Act have the same respective meaning in this Division as in that Part.

Records relating to employees (Act, section 353A)

 “131T. (1) An employer who employs an employee under an employment agreement must keep a record of:

• (a)

  the employee’s name, classification, the applicable employment agreement and the pay received by the employee; and

• (b)

  if the employee is under 21 years of age—his or her age; and

• (c)

  all deductions made from the employee’s pay and the reasons for each deduction; and

• (d)

  the employee’s daily starting and finishing times; and

• (e)

  any leave taken by the employee (whether paid, partly paid or unpaid); and

• (f)

  any superannuation contributions made by or on behalf of the employee; and

• (g)

  any other matter in relation to which the employer is required by these Regulations to keep a record.

 “(2) The employer must retain a record for 7 years after the last entry in it was made.

Penalty: 10 penalty units.

False or misleading entry etc.

 “131U.(1) A person must not knowingly make, or make use of, any false or misleading entry in any record required to be kept under this Part.

 “(2) A person must not make any material deletion from a record required to be kept under this Part.

Penalty: 10 penalty units.”.

5.   Part 9B (Pay slips)

5.1   After the heading, insert:

“Division 1—Employees under awards etc.”.

6.   New Division 2 of Part 9B:

6.1   After regulation 132D, insert:

“Division 2—Employees in Victoria not under awards etc.

Pay slips (Act, section 514)

 “132E. (1) An employer who employs a person as an employee in Victoria otherwise than under an award, a certified agreement, an AWA or an old IR agreement must give to the employee a written pay slip in accordance with subregulation (2) at the time of giving the employee his or her pay.

 “(2) A pay slip must set out details of:

• (a)

  the date of payment; and

• (b)

  the period covered by the payment; and

• (c)

  the number of hours or days worked by the employee during that period; and

• (d)

  all deductions made from the employee’s gross pay; and

• (e)

  any superannuation contributions made on the employee’s behalf; and

• (f)

  the employee’s gross pay and the amount actually paid to the employee; and

• (g)

  how the amount paid is made up.

Penalty: 10 penalty units.”.

7.   New Part 9C

7.1   After Part 9B, insert:

“PART 9C—MATTERS REFERRED BY VICTORIA

Prescribed laws (Act, subsection 493 (2))

 “132F. For the purposes of subsection 493 (2) of the Act, the following laws of Victoria are prescribed:

• (a)

  the Police Regulation Act 1958;

• (b)

  all regulations, standing orders and instructions made or issued under that Act.

Application for order (Act, subsection 533 (1))

 “132G. For the purposes of paragraph 533 (3) (c) of the Act, an inspector is a prescribed person.

Modification of Act (Act, sections 535 and 536)

 “132H. For the purposes of sections 535 and 536 of the Act, the Act is modified as set out in Schedule 7.”.

8.   New Schedule 7

8.1   After Schedule 6, insert:

SCHEDULE 7

Regulation 132H

MODIFICATIONS OF ACT IN RELATION TO RECOGNISED ASSOCIATIONS

1.   New section 187AAA

1.1   After section 187A, insert:

Application of this Part and related provisions of this Act

“187AAA.  (1)   Except as provided for in Division 13:

• (a)

  the provisions of this Part; and

• (b)

  any other provisions of this Act that refer to or otherwise relate to the registration of organisations under this Act; and

• (c)

  any other provisions of this Act that refer to or otherwise relate to the entitlement of organisations to represent the industrial interests of members;

do not apply to recognised associations (within the meaning of Part XV) that apply for, or are granted, transitional registration under this Part, other than associations that are registered, or are part of an organisation that is registered, under this Act.

“(2) Nothing in subsection (1) prevents a transitionally registered association (within the meaning of Division 13) from making an application in accordance with this Part (other than Division 13) for registration as an organisation.”.

2.   New Division 13 of Part IX

2.1   After Division 12 of Part IX, insert:

“Division 13—Recognised associations

Interpretation

 “293A.(1)In this Division:

‘relevant date’ means the earlier of:

• (a)

  the day of commencement of item 3 of Schedule 1 to the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996; and

• (b)

  the day of commencement of Part 3 of the Commonwealth Powers (Industrial Relations) Act 1996 of Victoria;

‘transitionally registered association’ means an association that is taken to be transitionally registered in accordance with section 293C.

 “(2) Unless the contrary intention appears, expressions that are used in this Division and in Part XV have the same respective meaning in this Division as in that Part.

Transitional registration application by recognised association

 “293B. (1) If:

• (a)

  a recognised association makes a transitional registration application in accordance with subsection (2); and

• (b)

  a Registrar is reasonably satisfied that the association was a recognised association immediately before the relevant date;

the Registrar must:

• (c)

  by written instrument:

  • (i)

    grant the application; and

  • (ii)

    record the fact that he or she is satisfied as described in paragraph (b); and

• (d)

  give a copy of the instrument to the association.

 “(2) A transitional registration application must be accompanied by:

• (a)

  evidence to establish the fact that the association was a recognised association immediately before the relevant date; and

• (b)

  details of the employer or industry sector in relation to which the association was recognised under the law of the State of Victoria immediately before the relevant date; and

• (c)

  a copy of the current rules of the association; and

• (d)

  a statement setting out:

  • (i)

    the address of the association; and

  • (ii)

    each office in the association; and

  • (iii)

    the name and address of each person holding office in the association.

Transitional registration

 “293C. A recognised association is taken to be transitionally registered under the Act when a Registrar makes a written instrument in accordance with paragraph 293B (1) (c).

End of transitional registration

 “293D. The transitional registration of an association ends:

• (a)

  when a Registrar records, by written instrument, that he or she is reasonably satisfied that the association no longer exists; or

• (b)

  at the expiration of 2 years after the commencement of this Division, if no application has been made by the association in accordance with this Part (other than this Division) for registration of the association as an organisation; or

• (c)

  on the making of a decision in relation to an application by the association in accordance with this Part (other than this Division) for registration as an organisation.

Applications under section 501

 “293E. (1) Subject to subsection (2), a transitionally registered association may apply under section 501 for a minimum wage to be set or adjusted by the Commission:

• (a)

  in the case of an association that is an association of employers—in relation to a work classification in an industry sector in relation to which the association was recognised under the law of the State of Victoria immediately before the relevant date; and

• (b)

  in the case of an association that is an association of employees—in relation to a work classification of employees in an industry sector or of an employer in relation to which the association was recognised under the law of the State of Victoria immediately before the relevant date.

 “(2) The minimum wage to be set or adjusted must:

• (a)

  in the case of an application by an association that is an association of employers—apply to employees of a member of the association; and

• (b)

  in the case of an application by an association that is an association of employees—apply to a member of the association.

Dispute resolution provisions—section 520

 “293F. A transitionally registered association may submit a dispute or grievance for conciliation, or agree to submit a dispute to arbitration, under a provision included in an employment agreement under section 520 of the Act if the dispute or grievance relates to:

• (a)

  an employee employed in an industry sector, or by an employer, in relation to which the transitionally registered association was recognised under the law of the State of Victoria immediately before the relevant date; or

• (b)

  an employer in relation to which, or an employer in an industry sector in relation to which, the transitionally registered association was recognised under the law of the State of Victoria immediately before the relevant date.

Recovery of penalties etc.—section 178

 “293G.Section 178 of the Act applies to a transitionally registered association in relation to an employment agreement that binds:

• (a)

  an employee employed in an industry sector, or by an employer, in relation to which the transitionally registered association was recognised under the law of the State of Victoria immediately before the relevant date; or

• (b)

  an employer in relation to which, or an employer in an industry sector in relation to which, the transitionally registered association was recognised  under the law of the State of Victoria immediately before the relevant date;

as if the agreement were a certified agreement and the association were an organisation.

Penalties—section 533

 “293H. A transitionally registered association may make an application for an order imposing a penalty under subsection 533 (1) of the Act in relation to a contravention of a penalty provision that relates to:

• (a)

  an employee employed in an industry sector, or by an employer, in relation to which the transitionally registered association was recognised under the law of the State of Victoria immediately before the relevant date; or

• (b)

  an employer in relation to which, or an employer in an industry sector in relation to which, the transitionally registered association was recognised  under the law of the State of Victoria immediately before the relevant date.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 December 1996.

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, 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 and 329