Industrial Relations Regulations (Amendment)

Overview

The Industrial Relations Regulations (Amendment) 1994 No. 185, issued by the authority of the Minister for Industrial Relations, amends the Industrial Relations Regulations pursuant to the Industrial Relations Act 1988. This amendment responds to the sale of Commonwealth Serum Laboratories Limited (CSL) and its subsidiaries, which are no longer companies controlled by the Commonwealth. The regulations aim to update the Principal Regulations by removing CSL from Schedule 3, reflecting the change in ownership. The amendments are designed to align with the declaration of the "sale day" under the CSL Sale Act 1993, ensuring that the regulations take effect on the day a majority of CSL's voting shares are acquired by a party other than the Commonwealth or its nominee. The policy objective is to ensure that the regulatory framework accurately reflects the current status of CSL and its subsidiaries in relation to Commonwealth control.

Scope and Application

The Industrial Relations Regulations (Amendment) 1994 No. 185 applies to the public sector employment regulated under the Industrial Relations Act 1988, specifically targeting employment by entities controlled by the Commonwealth, excluding those declared in the Principal Regulations. The amendment removes Commonwealth Serum Laboratories Limited from the list of declared bodies in the Principal Regulations, following its sale and subsequent classification as a non-Commonwealth controlled company. This regulatory change is effective as of the "sale day" declared under the CSL Sale Act 1993, which signifies the day when the majority of voting shares in CSL are acquired by entities other than the Commonwealth or its nominees. The amendment is designed to align the regulations with the current ownership structure of CSL, ensuring that the Industrial Relations Act's provisions are applied correctly to entities that are no longer under Commonwealth control.

Key Provisions

The Industrial Relations Regulations (Amendment) 1994 No. 185 modifies the Industrial Relations Regulations under the authority granted by section 359 of the Industrial Relations Act 1988. This amendment specifically targets the removal of Commonwealth Serum Laboratories Limited from Schedule 3 of the Principal Regulations. Schedule 3 lists entities that are subject to the public sector employment provisions of the Act, and the removal of CSL Limited is a direct consequence of its sale to private entities, which means it will no longer be a company controlled by the Commonwealth. This change is made to ensure that the regulations accurately reflect the current ownership structure of CSL Limited. The regulations impose an obligation on the relevant parties to ensure that the updated list of entities in Schedule 3 of the Principal Regulations accurately reflects those subject to public sector employment provisions. This includes administrative duties to review and update regulatory schedules as ownership and control of entities change. Specifically, entities that were previously under the purview of the Commonwealth but have since been privatised must be removed from these schedules to avoid continued application of public sector employment regulations. Failure to comply with the updated regulations could result in legal consequences for the entities involved. While the specific penalties are not detailed in the explanatory statement, breaches of industrial relations regulations generally can result in civil penalties, including fines, and potentially criminal penalties for more serious breaches. The exact penalties would depend on the nature and severity of the breach, as outlined in other sections of the Industrial Relations Act 1988 and related legislation. The regulations' commencement is tied to the declaration of the sale day under section 4 of the CSL Sale Act 1993, allowing for retrospective operation as permitted by section 48 of the CSL Sale Act 1993 and section 48 of the Acts Interpretation Act 1901.