EXPLANATORY STATEMENT
STATUTORY RULES 1984 NO. 271
COMMONWEALTH EMPLOYEES (REDEPLOYMENT AND RETIREMENT) (PRESCRIBED ORGANIZATIONS) REGULATIONS (AMENDMENT)
Issued with the authority of the Public Service Board
Sub-section 7(1) of the Commonwealth Employees (Redeployment and Retirement) Act 1979 provides, inter alia, that the objects of the Act include the ensurance that each employee whose services cannot reasonably be used for a prescribed reason is redeployed on duties which the employee can reasonably be required to perform. Sub-section 7(2) of the Act provides that regulations prescribing any such reason shall not be made until after consultation by the Public Service Board with the organizations, being organizations representing the interests of employees or a class of employees, which are prescribed for the purposes of section 7.
Sub-section 29(1) of the Act enables the Governor-General to make regulations prescribing all matters which are required or permitted to be prescribed.
This regulation amends the Commonwealth Employees (Redeployment and Retirement) (Prescribed Organizations) Regulations, which prescribe the organizations for purposes of consultation, to reflect changes in those organizations since the drafting of the original regulations. Since both the Council of Australian Government Employee Organizations and the Australian Council of Salaried and Professional Associations have amalgamated with the Australian Council of Trade Unions, those two organizations are being omitted from the regulations.
Overview
The Commonwealth Employees (Redeployment and Retirement) (Prescribed Organizations) Regulations (Amendment) 2004, issued under the authority of the Public Service Board, amends the existing regulations to address the evolving landscape of employee representation within the public sector. The primary purpose of these regulations is to update the list of organizations eligible for consultation under section 7 of the Commonwealth Employees (Redeployment and Retirement) Act 1979. This amendment aims to ensure that the Public Service Board consults with relevant and current organizations representing the interests of Commonwealth employees. This is in line with the policy objective of the Act, which seeks to guarantee that employees whose services cannot be reasonably used for specified reasons are redeployed to suitable duties. The amendments reflect the recent amalgamation of the Council of Australian Government Employee Organizations and the Australian Council of Salaried and Professional Associations with the Australian Council of Trade Unions, thus updating the regulatory framework to accurately represent the current organisational landscape.
Scope and Application
The Commonwealth Employees (Redeployment and Retirement) (Prescribed Organizations) Regulations (Amendment) Statutory Rule 1984 No. 271 amends the regulations under the Commonwealth Employees (Redeployment and Retirement) Act 1979 to reflect current organisational structures. The Act applies to employees of the Commonwealth, ensuring their redeployment or retirement is handled in a manner that is fair and reasonable, particularly when their services cannot be used for a prescribed reason. The amendment to the regulations specifically addresses the prescribed organisations that must be consulted under the Act, ensuring that the consultation process remains relevant and effective. The regulations are amended to omit the Council of Australian Government Employee Organizations and the Australian Council of Salaried and Professional Associations, as these have amalgamated with the Australian Council of Trade Unions. This ensures that the Act's consultation requirements accurately reflect the current landscape of employee representation within the Commonwealth.
Key Provisions
The primary sections of these regulations (sections 3 and 4) revise the list of organizations that must be consulted under section 7(2) of the Commonwealth Employees (Redeployment and Retirement) Act 1979. This revision reflects the consolidation of the Council of Australian Government Employee Organizations and the Australian Council of Salaried and Professional Associations into the Australian Council of Trade Unions. The regulations ensure that the Public Service Board consults with the appropriate organizations when making decisions related to employee redeployment and retirement for prescribed reasons. These amendments update the regulatory framework to accurately represent the current landscape of employee representation.
The amended regulations impose specific obligations on the Public Service Board, as mandated by section 29(1) of the Act. The Board is required to consult with the prescribed organizations, now including the Australian Council of Trade Unions, before making any regulations that prescribe reasons for employee redeployment or retirement. This obligation ensures that the Board considers the views and interests of employee representatives when making decisions that impact the workforce. It is essential that the Board follows the updated list of organizations to comply with the legislative requirement for consultation.
Breaches of the obligations outlined in these regulations may result in legal consequences. While the specific penalties are not detailed within these regulations, violations of the Act or its associated regulations could potentially lead to civil or administrative penalties. For instance, failure to consult with the prescribed organizations could be seen as non-compliance with the Act, which might result in legal challenges or other repercussions. The exact consequences would depend on the nature and severity of the breach, as well as the applicable laws and regulations governing administrative or civil proceedings.