Industrial Relations Regulations (Amendment) 1992 No. 158
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 158
Issued by the Authority of the Minister for Industrial Relations
Industrial Relations Act 1988
Industrial Relations Regulations (Amendment)
Subsection 359(1) of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The main purpose of these regulations is to clarify the bodies that are the employing authorities for Australian Capital Territory (ACT) government employees. There are two consequential changes which assist the employing authorities to operate as industrial entities.
The regulations also correct an error in the Industrial Relations Regulations (the Regulations) that excluded unattached officers from the definition of 'public sector employment' in the Act.
Details of the regulations are as follows.
Regulation 2 amends the wording of subparagraph 4(2)(d) of the Regulations so that unattached officers are within the definition of public sector employment.
Regulation 3 amends Schedule 2 to the Regulations to prescribe the person or body authorised to represent various ACT employer authorities in the Australian Industrial Relations Commission and the Federal Court.
A paragraph is added to subparagraph 22(1)(b) of the Regulations by regulation 4 so that a notice of the variation of a common rule award will go to the Head of Administration, as defined in the Australian Capital Territory (Self-Government) Act 1988.
Regulation 5 prescribes employing authorities in relation to ACT employees by adding the relevant authorities at the end of Schedule 2 to the Regulations.
The proposed Regulations commence on Gazettal.
Overview
The Industrial Relations Regulations (Amendment) 1992 No. 158 is an amendment to the existing Industrial Relations Regulations, made under the authority of the Minister for Industrial Relations and pursuant to the Industrial Relations Act 1988. This amendment was introduced to address specific issues within the original regulations that needed clarification, particularly regarding the bodies that serve as employing authorities for Australian Capital Territory (ACT) government employees, and to correct an oversight that had inadvertently excluded unattached officers from the definition of 'public sector employment'. The policy objective of this amendment is to ensure that all relevant authorities are correctly identified and that all public sector employees are appropriately included within the scope of the regulations, thereby facilitating the smooth operation of the employing authorities as industrial entities. This amendment aims to provide clarity and rectify errors in the existing framework to better serve the interests of both employers and employees within the ACT.
Scope and Application
The Industrial Relations Regulations (Amendment) 1992 No. 158 applies to the Australian Capital Territory (ACT) government employees and the bodies that are designated as employing authorities under the Industrial Relations Act 1988. These regulations aim to clarify and correct the bodies authorised to represent various ACT employer authorities in the Australian Industrial Relations Commission and the Federal Court. Additionally, the amendments rectify an oversight in the Industrial Relations Regulations that previously excluded unattached officers from the definition of 'public sector employment' in the Act. The regulations extend to prescribing employing authorities in relation to ACT employees and ensuring that notices regarding variations of common rule awards are directed to the Head of Administration. The amendments commence upon gazette, and the regulations are subordinate to the overarching provisions of the Industrial Relations Act 1988.
Key Provisions
The Industrial Relations Regulations (Amendment) 1992 No. 158 introduce several key changes to the Industrial Relations Regulations under the Industrial Relations Act 1988. Firstly, Regulation 2 amends subparagraph 4(2)(d) of the Regulations to ensure that unattached officers are included within the definition of public sector employment. This change corrects an oversight in the original Regulations that inadvertently excluded unattached officers from this definition. Regulation 3 revises Schedule 2 to the Regulations, specifying the person or body authorised to represent various Australian Capital Territory (ACT) employer authorities in the Australian Industrial Relations Commission and the Federal Court. This amendment aims to clarify the entities that can act on behalf of ACT employer authorities in industrial matters. Regulation 4 adds a new paragraph to subparagraph 22(1)(b) of the Regulations, ensuring that notices of variations to common rule awards are sent to the Head of Administration as defined in the Australian Capital Territory (Self-Government) Act 1988. Regulation 5 further refines the definition of employing authorities in relation to ACT employees by adding relevant authorities to the end of Schedule 2 to the Regulations.
These regulations impose specific obligations on the ACT employer authorities and the relevant authorised representatives. The authorities must now ensure that unattached officers are included in their employment definitions and that they comply with the new regulatory framework. The authorised representatives are required to act on behalf of these authorities in industrial relations matters, as specified in Schedule 2. Additionally, the Head of Administration must receive notices of variations to common rule awards, ensuring that there is clear communication and record-keeping regarding such changes.
Breaches of these regulations may lead to various consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is reasonable to infer that non-compliance could result in administrative actions, legal disputes, or other penalties as prescribed by the Industrial Relations Act 1988. These could include fines, orders for redress, or other civil or criminal sanctions, depending on the nature and severity of the breach.