Industrial Relations Regulations (Amendment) 1992 No. 435
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 435
Issued by the Authority of the Minister for Industrial Relations
Industrial Relations Act 1988
Industrial Relations Regulations (Amendment)
Section 353A of the Industrial Relations Act 1988 (the Act) specifically provides that the Governor-General may make regulations requiring employers to make and retain records relating to the employment of persons under an award and to issue pay slips to persons employed under an award.
Section 359 of the Act further authorises the making of regulations prescribing all matters required or permitted under the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Part 9A of the Industrial Relations Regulations (the Regulations) provides that employers make and retain an employment record for each employee containing a range of employment details.
Part 9B of the Regulations provides that employers issue pay slips, containing particulars which have been prescribed in relation to pay, to employees who are employed under an award.
Subregulation 131R(2) previously provided that an act or omission on or before 1 February 1993 was not an offence under Part 9A of the Regulations. Similarly, subregulation 132D(2) provided that an act or omission on or before 1 February 1993 was not an offence under Part 9B of the Regulations.
It has been necessary to amend these dates to a later date to allow effective compliance with Part 9A and Part 9B before the offence provisions commence.
It was also necessary to make a number of minor corrections to typing errors in Part 9A and Part 9B.
The date contained in subregulation 131R(2) and subregulation 132D(2) has been amended to 31 March 1993, in each case. Minor errors have also been corrected in subregulation 131E, paragraph 131H(a), subregulation 131M(1) and subregulation 132B(1).
Overview
The Industrial Relations Regulations (Amendment) 1992 No. 435 is an amendment to the Industrial Relations Regulations made under the authority of the Minister for Industrial Relations. This amendment seeks to address issues surrounding the enforcement timeline of certain employment record and pay slip requirements outlined in the Industrial Relations Act 1988. The amendment adjusts the date from which non-compliance with these record-keeping and pay slip requirements becomes an offence, providing employers with additional time to ensure they are in compliance with the specified provisions. Additionally, the amendment rectifies minor typographical errors found in various subregulations within the Industrial Relations Regulations, ensuring the clarity and accuracy of the requirements set out therein.
Scope and Application
The Industrial Relations Regulations (Amendment) 1992 No. 435 applies to employers who are required to make and retain records relating to the employment of persons under an award and to issue pay slips to employees under an award, as mandated by the Industrial Relations Act 1988. This regulation is particularly relevant to the business entities that employ individuals under an award. The amendments made by this regulation extend to the entire Commonwealth of Australia, as it is a federal law. The regulation provides specific dates for the commencement of certain offences related to the failure to comply with record-keeping and pay slip requirements, with amendments to these dates from 1 February 1993 to 31 March 1993. Additionally, the regulation corrects minor typographical errors in various parts of the Industrial Relations Regulations to ensure clarity and precision in the regulatory requirements.
The Industrial Relations Regulations (Amendment) 1992 No. 435 does not explicitly state any exclusions, exemptions, or thresholds, but it is understood that the requirements apply to all employers under the jurisdiction of the Industrial Relations Act 1988. The regulation’s application can be further extended or specified through subordinate instruments, although such extensions or specifications are not detailed in the provided explanatory statement.
Key Provisions
The key provisions of the Industrial Relations Regulations (Amendment) 1992 No. 435 involve amendments to the Industrial Relations Regulations concerning the keeping of employment records and the issuance of pay slips. Section 353A of the Industrial Relations Act 1988 mandates that employers must retain records for each employee under an award, including specific employment details (Section 353A). Section 359 of the Act allows for regulations that prescribe matters necessary for the Act's implementation (Section 359). Part 9A of the Regulations specifies the details employers must include in employment records, while Part 9B details the particulars required on pay slips issued to employees under an award (Part 9A and Part 9B).
The Industrial Relations Regulations (Amendment) 1992 No. 435 imposes obligations on employers to ensure they maintain accurate and comprehensive employment records for each employee. These records must include specific details such as hours worked, pay rates, and deductions. Employers are also required to issue pay slips containing prescribed particulars to employees employed under an award. These obligations are designed to ensure transparency and accountability in the employer-employee relationship, providing employees with clear information about their employment conditions and remuneration.
Breach of the requirements set out in the Industrial Relations Regulations (Amendment) 1992 No. 435 may result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, non-compliance with industrial relations laws can typically lead to fines or other legal consequences. For instance, failing to keep proper employment records or not issuing pay slips can be considered offences under the Act, with potential penalties depending on the severity and frequency of the breach. Employers must ensure they adhere to these regulations to avoid any legal repercussions.