EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 224
Conciliation and Arbitration Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
The regulations amend the Conciliation and Arbitration Regulations (the Principal Regulations).
Under the Members of Parliament (Staff) Act 1984 (the Act) staff engaged by ‘office-holders’ under sub-section 13(1) and by Senators and Members under sub-section 20(1) of the Act, although employed by the Commonwealth, will not be engaged under the Public Service Act 1922. As such there is no relevant employing authority in respect of such staff for purposes of Division 1A of the Conciliation and Arbitration Act 1904 (the Principal Act). Accordingly it is necessary to prescribe an employing authority under paragraph (c) of the definition of ‘employing authority’ in sub-section 70A(1) of the Principal Act.
Regulation 2 of the Conciliation and Arbitration Regulations (Amendment) inserts regulation 164AADA which provides for the Special Minister of State or the Public Service Board to be the prescribed persons for the purposes of paragraph (c) of the definition of ‘employing authority’ in sub-section 70A(1) of the Principal Act.
These amendments to the Conciliation and Arbitration Regulations take effect on the date of commencement of Parts III, IV and V of the Members of Parliament (Staff) Act 1984.
Overview
The Conciliation and Arbitration Regulations (Amendment) 2004 was enacted to address a legislative gap identified in the Members of Parliament (Staff) Act 1984. The problem it aimed to resolve was the absence of a specific employing authority for staff engaged by office-holders and Senators under the Act, which would otherwise fall outside the purview of the Public Service Act 1922. This gap left these employees without a designated authority for the purposes of Division 1A of the Conciliation and Arbitration Act 1904. The explanatory statement clarifies that these regulations were issued by the Authority of the Minister for Employment and Industrial Relations, with the policy objective of ensuring that there is a clear employing authority for the staff in question, thereby aligning with the broader legislative intent of the Members of Parliament (Staff) Act 1984. The amendments to the Conciliation and Arbitration Regulations, effective from the commencement of certain parts of the Members of Parliament (Staff) Act 1984, introduce regulation 164A to specify the Special Minister of State or the Public Service Board as the prescribed persons for the employing authority.
Scope and Application
The Conciliation and Arbitration Regulations (Amendment) Statutory Rules 1984 No. 224 modify the Conciliation and Arbitration Regulations to address the employment status of staff engaged by office-holders and senators under the Members of Parliament (Staff) Act 1984. This amendment is crucial because the staff in question, although employed by the Commonwealth, are not covered under the Public Service Act 1922. Consequently, there is no designated employing authority for these staff members under Division 1A of the Conciliation and Arbitration Act 1904. The regulations establish the Special Minister of State or the Public Service Board as the prescribed persons to serve as the employing authority, thereby ensuring that these staff members are appropriately governed within the framework of the Conciliation and Arbitration Act. These regulatory changes are designed to take effect concurrently with the commencement of Parts III, IV, and V of the Members of Parliament (Staff) Act 1984.
Key Provisions
The key operative sections of these regulations are section 2 and the newly inserted regulation 164AADA, which together amend the Conciliation and Arbitration Regulations. Section 2 of the statutory rules introduces an amendment to the existing regulations, while regulation 164AADA specifically designates the Special Minister of State or the Public Service Board as the employing authorities for certain parliamentary staff. These provisions aim to clarify the employment framework for staff engaged by office-holders and Senators under the Members of Parliament (Staff) Act 1984, ensuring they are not governed under the Public Service Act 1922.
The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates that the Special Minister of State or the Public Service Board be recognised as the employing authority for staff engaged by office-holders and Senators. This designation is crucial for determining the applicability of the Conciliation and Arbitration Act 1904 and ensuring that these staff members have a specified employing authority. Furthermore, these regulations require that the amendments come into effect concurrently with Parts III, IV, and V of the Members of Parliament (Staff) Act 1984. This synchronisation ensures that the legislative changes are implemented at the same time, maintaining coherence across related statutes.
Breaches of these regulations could lead to various consequences, although the specific offences, penalties, or civil and criminal consequences are not detailed within the explanatory statement. Typically, under Australian law, violations of employment regulations may result in administrative penalties, fines, or legal action, depending on the nature and severity of the breach. The maximum penalties would be in accordance with the relevant provisions of the Conciliation and Arbitration Act 1904 or other applicable laws. It is also possible that failure to comply with these regulations could lead to disputes being handled under the conciliation and arbitration mechanisms provided by the Principal Act, potentially involving the Fair Work Commission.