Industrial Relations Regulations (Amendment)

Overview

The Industrial Relations Regulations (Amendment) 1991 No. 11 was enacted to address ambiguities regarding the employment status of non-uniformed members of the Australian Federal Police under the Industrial Relations Act 1988. This legislative amendment was issued under the authority of the Minister for Industrial Relations to rectify the uncertainty over whether the employment of these members constituted "public sector employment" as defined in the Act. The amendments specifically sought to clarify the employment status by prescribing the Australian Federal Police Act 1979 in relation to the definition of "public sector employment". Additionally, the regulations were adjusted to identify the employing authorities and the individuals authorised to represent these authorities before the Australian Industrial Relations Commission. This legislative action was necessary to ensure that the employment conditions of Australian Federal Police members were appropriately recognised and managed within the framework of industrial relations legislation.

Scope and Application

The Industrial Relations Regulations (Amendment) 1991 No. 11 applies to the employment of members and staff of the Australian Federal Police who are not in uniform. The amendments clarify the employment status of these individuals under the Industrial Relations Act 1988, specifically identifying their employment as "public sector employment" as defined in subsection 4(1) of the Act. This amendment ensures that the Australian Federal Police Act 1979 is prescribed for the purposes of paragraph (e) of the definition of "public sector employment". Additionally, the Regulations prescribe the "employing authorities" for these employees and specify the persons who can represent these authorities before the Australian Industrial Relations Commission (AIRC). This includes the Minister administering the Australian Federal Police Act 1979 and the Commissioner, who can be represented by an officer appointed under a specified provision of that Act or by an officer of the Australian Public Service. The jurisdictional reach of these amendments is federal, affecting entities and individuals within the scope of the Industrial Relations Act 1988 and the Australian Federal Police Act 1979.

Key Provisions

The key sections of the Industrial Relations Regulations (Amendment) 1991 No. 11EXPLANATORY STATEMENT pertain to the clarification of the employment status of members and staff of the Australian Federal Police (AFP) under the Industrial Relations Act 1988. Section 359 of the Act empowers the Governor-General to make regulations necessary for the purposes of the Act, and these amendments specifically target the interpretation of "public sector employment" as it relates to the AFP (subsection 4(1)). The amendments to regulation 4 clarify that employment under the Australian Federal Police Act 1979 is considered public sector employment. Furthermore, regulation 3 and regulation 7 are amended to specify the "employing authorities" for AFP employees and the individuals who may represent these authorities before the Australian Industrial Relations Commission (AIRC). These amendments impose specific obligations on the parties involved. Firstly, the Australian Federal Police Act 1979 is now explicitly prescribed as the law under which AFP employees are considered public sector employees. This ensures that these employees are covered under the provisions of the Industrial Relations Act 1988. Additionally, the amendments to regulations 3 and 7 designate the Minister administering the Australian Federal Police Act 1979 and the Commissioner of the AFP as the employing authorities. These authorities must be represented before the AIRC by an officer appointed under a specified provision of the Australian Federal Police Act 1979 or by an officer of the Australian Public Service. Failure to comply with the Industrial Relations Regulations could lead to various consequences. Although the explanatory statement does not detail specific offences or penalties, breaches of regulations under the Industrial Relations Act 1988 can result in substantial fines and other civil or criminal repercussions. For instance, non-compliance with employment regulations could lead to enforcement actions by the AIRC or other relevant authorities, potentially resulting in penalties for the employing authorities and their representatives. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Industrial Relations Act 1988.