Commonwealth Employees (Redeployment and Retirement) Amendment Act 1983
No. 93 of 1983
An Act to amend section 24 of the Commonwealth Employees (Redeployment and Retirement) Act 1979
[Assented to 22 November 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Commonwealth Employees (Redeployment and Retirement) Amendment Act 1983.
(2) The Commonwealth Employees (Redeployment and Retirement) Act 19791 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Inconsistency with other laws, &c.
3. Section 24 of the Principal Act is amended by omitting sub-sections (3) to (7), inclusive, and substituting the following sub-sections:
“(3) Where a term of an award, whether made before the commencement of this sub-section or before the commencement of this Act or made after the commencement of this sub-section, that is in force and applies in relation to an
employee is inconsistent with a provision of this Act, the term shall prevail and the provision of this Act shall, to the extent of the inconsistency, be inoperative in relation to the employee.
“(4) In this section, 'award' means—
(a) an award or order made under, or an agreement certified under, the Conciliation and Arbitration Act 1904;
(b) a determination or order made under the Public Service Arbitration Act 1920; or
(c) an award, order or determination made by a prescribed person, tribunal or body under a law of the Commonwealth or of a Territory other than the Northern Territory.”.
NOTE
1. No. 52, 1979, as amended. For previous amendments, see No. 155, 1979; Nos. 26, 61 and 72, 1981; No. 111, 1982; and No. 39, 1983.
Overview
The Commonwealth Employees (Redeployment and Retirement) Amendment Act 1983 was enacted to address inconsistencies between the provisions of the Commonwealth Employees (Redeployment and Retirement) Act 1979 and certain awards, orders, and determinations. The Act was assented to on 22 November 1983 and is a product of the legislative process overseen by the Queen, in conjunction with the Senate and the House of Representatives of the Commonwealth of Australia. This amendment specifically targets section 24 of the Principal Act, ensuring that any inconsistency with awards or orders made under various legislative frameworks is resolved by giving precedence to the award, order, or determination, thereby rendering the conflicting Act provision inoperative to the extent of the inconsistency. The policy objective behind this amendment is to maintain coherence and avoid conflicts in the regulatory framework governing Commonwealth employees' redeployment and retirement.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) Amendment Act 1983 amends section 24 of the Commonwealth Employees (Redeployment and Retirement) Act 1979, which pertains to the resolution of inconsistencies between the provisions of this Act and terms of awards that apply to employees. This Act applies to employees of the Commonwealth who are subject to the provisions of the Principal Act and to the terms of any applicable awards, orders, or determinations under the Conciliation and Arbitration Act 1904, the Public Service Arbitration Act 1920, or other relevant Commonwealth or Territory laws. The geographic and jurisdictional reach of this Act is limited to the Commonwealth of Australia, including its territories, and does not extend to the Northern Territory. The Act comes into operation on the day of Royal Assent and overrides any inconsistent provisions of other laws, ensuring that the terms of the applicable awards prevail in cases of conflict. The Act does not specify any exclusions, exemptions, or thresholds, and its application may be further defined or extended through subordinate instruments.
Key Provisions
The Commonwealth Employees (Redeployment and Retirement) Amendment Act 1983 amends the Principal Act, specifically section 24, to redefine the interaction between the Act and terms in awards. The amendment, as stated in subsection (3), provides that where any term of an award that is in force is inconsistent with a provision of this Act, the term shall prevail, and the Act shall be inoperative to the extent of the inconsistency in relation to the employee. Subsection (4) further clarifies what constitutes an "award" for the purposes of this section, encompassing awards or orders under the Conciliation and Arbitration Act 1904, determinations or orders under the Public Service Arbitration Act 1920, and awards, orders, or determinations made by a prescribed person, tribunal, or body under Commonwealth or Territory laws, excluding the Northern Territory.
The Act imposes specific obligations on parties by clarifying that in cases of inconsistency between the Act and the terms of an award, the award terms will take precedence. This places a responsibility on employers and employees to ensure that they are aware of and compliant with the relevant award terms, as these will govern in situations where they conflict with the Act.
There are no explicit offences, penalties, or consequences for breaches of the amended provisions in this Act. However, non-compliance with the prevailing award terms, which now have precedence, could lead to legal disputes and potential consequences under the relevant award or industrial relations laws. It is important for parties to seek legal advice to understand and comply with the terms of the applicable awards.