Industrial Relations Regulations (Amendment)

Overview

The Industrial Relations Regulations (Amendment) 1993 No. 61, issued under the authority of the Minister for Industrial Relations, amends the Industrial Relations Regulations made pursuant to the Industrial Relations Act 1988. This amendment addresses the need to update the regulations in light of the impending public offering of Qantas, which will result in Qantas and its subsidiaries no longer being companies controlled by the Commonwealth. Consequently, the references to Qantas and Australian Airlines in the Regulations will be redundant, necessitating their removal from Schedule 3. The purpose of this amendment is to ensure the regulations remain current and applicable to the changing landscape of public sector employment, thereby maintaining the integrity and relevance of the Industrial Relations Act. The commencement of these regulations is synchronised with the Qantas Sale Act 1992, expected to coincide with the public share offer of Qantas shares later in 1993.

Scope and Application

The Industrial Relations Regulations (Amendment) 1993 No. 61 applies to the Industrial Relations Regulations made under the Industrial Relations Act 1988. This Act pertains specifically to public sector employment, including employment by companies controlled by the Commonwealth, with a notable exception in relation to section 121. This legislation does not apply to employment with bodies declared in the regulations, such as Qantas and Australian Airlines, which are specified in Schedule 3. Following the privatisation process of Qantas, the amendment removes references to Qantas and Australian Airlines from the Regulations, aligning with the change in their status from Commonwealth-controlled entities. The amendment's commencement is contingent upon the sale of 50% of the Commonwealth's equity interest in Qantas, which is expected to occur during the public share offer later in 1993, as stipulated in the Qantas Sale Act 1992.

Key Provisions

The main operative sections of the Industrial Relations Regulations (Amendment) 1993 No. 61 (the Amendment) concern the modification of Schedule 3 within the Industrial Relations Regulations (the Regulations), which is made pursuant to the Industrial Relations Act 1988 (the Act). Specifically, Section 359 of the Act allows for the creation of regulations, and this Amendment seeks to adjust the Regulations by removing references to Qantas and Australian Airlines. This is achieved through amending Schedule 3, which lists entities to which the Act applies, by striking out the entries for Qantas and Australian Airlines (Section 3 of the Amendment). The Amendment imposes specific obligations on the entities governed by the Regulations. The principal obligation here is the removal of Qantas and Australian Airlines from Schedule 3, which signifies that these entities will no longer be subject to the specific provisions of the Industrial Relations Act as it pertains to public sector employment. This change effectively means that, following the public offering of Qantas, neither Qantas nor its subsidiaries will be treated as companies controlled by the Commonwealth under the Act, thereby exempting them from certain regulatory requirements that applied previously (Section 3 of the Amendment). In terms of potential breaches and consequences, the Amendment itself does not introduce new offences or penalties. However, any entity that fails to comply with the updated Regulations may face consequences under the broader framework of the Industrial Relations Act 1988. This could include legal actions for non-compliance, fines, or other penalties as stipulated within the Act. The maximum penalties for breaches of the Industrial Relations Act can vary significantly depending on the nature and severity of the offence, with some provisions carrying substantial financial penalties and, in certain cases, criminal sanctions. It is essential for entities affected by this Amendment to ensure they are fully compliant with the updated Regulations to avoid any potential legal repercussions.