Industrial Relations Regulations (Amendment)

Overview

The Industrial Relations Regulations (Amendment) 1992 No. 339 was enacted to update the references to Commonwealth authorities within the Industrial Relations Regulations (IR Regulations) of the Industrial Relations Act 1988. This was achieved to ensure that the legislation remains current and relevant in light of restructuring and privatisations within public sector entities. The Regulations were issued by the Minister for Industrial Relations under the authority granted by Section 359 of the Industrial Relations Act 1988, with the primary objective of maintaining the accuracy and efficacy of the public sector employment classifications. The key amendments include updating references to newly formed entities such as Aerospace Technologies of Australia Pty Ltd, removing references to privatised entities such as AUSSAT Pty Limited, and reflecting changes in names and corporate structures of existing entities such as the Commonwealth Banking Corporation. The Regulations commenced on the date of their gazette.

Scope and Application

The Industrial Relations Regulations (Amendment) 1992 No. 339, issued under the authority of the Minister for Industrial Relations, amends the Industrial Relations Regulations 1988. This amendment primarily updates and refines the list of Commonwealth authorities referenced in Schedule 3 of the IR Regulations, which is integral to the definition of "public sector employment" as per section 4(1) of the Industrial Relations Act 1988. These regulations are pertinent to individuals employed by or in the service of the specified Commonwealth authorities, ensuring that the scope of public sector employment is accurately and contemporarily defined. The amendments include the insertion of new references to entities such as Aerospace Technologies of Australia Pty Ltd, formed from the restructuring of the Government Aircraft Factories, and the Australian Overseas Telecommunication Corporation, which emerged from the amalgamation of the Australian Telecommunications Corporation and the Overseas Telecommunications Corporation. Conversely, references to entities that have been privatised or otherwise rendered obsolete, such as AUSSAT Pty Limited and the Commonwealth Banking Corporation, are omitted or updated to reflect current corporate names and structures. These changes are crucial for the accurate administration and application of the Act across the Commonwealth.

Key Provisions

The Industrial Relations Regulations (Amendment) 1992 No. 339 amends the Industrial Relations Regulations (IR Regulations) under Section 359 of the Industrial Relations Act 1988 (the Act). This amendment primarily affects Schedule 3 of the IR Regulations, which lists classes of persons not considered to be in public sector employment under paragraph (f) of the definition of "public sector employment" in subsection 4(1) of the Act. Regulation 2 makes specific changes to this schedule, updating and removing references to various Commonwealth authorities. These changes are detailed in the proposed regulations. Regulation 2.1 inserts a reference to Aerospace Technologies of Australia Pty Ltd, reflecting the restructuring of the Government Aircraft Factories. Regulation 2.2 removes the reference to AUSSAT Pty Limited, as it has been privatised and no longer constitutes part of the public sector. Regulation 2.3 adds a reference to the Australian Overseas Telecommunication Corporation, formed by the amalgamation of the Australian Telecommunications Corporation and the Overseas Telecommunications Corporation. Additionally, Regulations 2.4 and 2.6 omit references to the two former corporations that have been merged. Regulation 2.5 removes an obsolete reference to the Commonwealth Banking Corporation and substitutes it with references to the Commonwealth Bank of Australia and Commonwealth Funds Management Limited, reflecting the name change and conversion of the Superannuation Fund Investment Trust. Under these regulations, the entities listed in Schedule 3 are exempt from being classified as public sector employment unless explicitly mentioned in section 121 of the Act. This means that employees of these specified authorities and corporations are not subject to the public sector employment provisions of the Act, which could include different terms and conditions of employment, dispute resolution mechanisms, and other regulatory frameworks that apply to public sector workers. The obligations imposed by the Act on these entities and their employees are therefore narrowly defined, focusing on those specific provisions that are not overridden by the exemptions provided in the amended regulations. Failure to comply with the provisions of the Industrial Relations Act 1988 or the amended Industrial Relations Regulations could result in legal consequences. While the specific offences and penalties are not detailed in the explanatory statement, breaches of employment law in Australia can lead to civil actions for damages or specific performance, as well as criminal charges. Penalties for contraventions of industrial laws can include fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach and are determined by the courts. The amendments to the IR Regulations aim to ensure that the list of exempted entities remains current and accurate, thereby maintaining the integrity and effectiveness of the regulatory framework governing public sector employment.