Industrial Relations Regulations (Amendment) 1993 No. 128
EXPLANATORY STATEMENT
Statutory Rules 1993 No. 128
(Issued by the Authority of the Minister for Industrial Relations)
Industrial Relations Act 1988
Industrial Relations Regulations (Amendment)
Section 359 of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Regulation 61 of the Industrial Relations Regulations (the Regulations) lists the information which must be given to the Industrial Registrar in relation to elections for officers in registered organisations. Paragraph 61 (1)(b) requires that an organisation disclose the reason for the election being held and a choice of two reasons are prescribed.
Regulation 2 adds a third reason, namely that the creation of a new office in the organisation would be a reason for an election.
Section 353A of the Act specifically provides that the Governor-General may make regulations requiring employers to make and retain records relating to employment of persons under an award and to issue pay slips to persons employed under an award.
Part 9A of the Regulations provides that employers make and retain an employment record for each employee containing a range of employment details.
Regulation 131H provides that if an award required superannuation contributions to be made by the employer for the benefit of the employee a record must be kept in relation to the contribution. It had been found that compliance with some provisions of regulation 131H was impossible in the case where an employer made superannuation contributions to a defined benefit fund.
Regulation 3 specifically excludes defined benefit funds from the requirements in part of regulation 131H in relation to records of the amount of superannuation contributions and the period over which and when the contributions were made.
Regulation 131N requires an employer who transfers or assigns a business to transfer employment records to the new employer. The regulation applied to the Commonwealth and overrode provisions of the Archives Act 1983.
Regulation 4 amends regulation 131N to require the Commonwealth to transfer a copy of the records to a new employer.
Part 9B of the Regulations provides that employers issue payslips, containing particulars which have been prescribed In relation to pay, to employees who are employed under an award.
Paragraph 132B(1) provides that, if an award required superannuation contributions to be made by an employer, the name of the fund and the amount of the contribution is to be included on a payslip. It had been found that compliance with paragraph 132B(1) was impossible in the case where an employer makes superannuation contributions to a defined benefit fund.
Regulation 5 specifically excludes defined benefits funds from the requirements of paragraph 132B(1).
Overview
The Industrial Relations Regulations (Amendment) 1993 No. 128 was enacted to address specific compliance issues within the Industrial Relations Act 1988. This amendment was issued by the Authority of the Minister for Industrial Relations, reflecting the legislative intent to refine and enhance the regulatory framework governing industrial relations in Australia. A key problem the amendment aimed to resolve was the impracticality of certain regulatory requirements, particularly concerning the record-keeping and reporting of superannuation contributions to defined benefit funds, which had been found to be non-compliant with existing provisions. The policy objective of these amendments was to ensure practical and effective compliance with industrial relations regulations, facilitating smoother operations for employers while maintaining the integrity of employee protections.
This amendment also sought to address the issue of record transfer during business transitions, ensuring that the Commonwealth adhered to the necessary protocols when transferring employment records, thereby harmonising with other legislative frameworks such as the Archives Act 1983. Furthermore, the amendment aimed to streamline the process of elections for officers within registered organisations by adding a new reason for such elections, thereby providing greater flexibility and responsiveness to organisational needs.
Scope and Application
The Industrial Relations Regulations (Amendment) 1993 No. 128 applies to employers and employees under an award, as well as registered organisations participating in industrial relations processes. These regulations amend existing provisions of the Industrial Relations Regulations under the authority of the Industrial Relations Act 1988, which is a Commonwealth Act. The amendments primarily aim to address issues and ambiguities in the current regulations, ensuring clearer requirements for employers and registered organisations. Notably, the amendments include the addition of a new reason for conducting elections in registered organisations, the exclusion of defined benefit funds from certain record-keeping and payslip requirements, and modifications to the transfer of employment records during business transfers. These changes are designed to enhance compliance and address practical difficulties faced by employers and organisations in adhering to existing regulations. The scope of these amendments is nationwide, as they apply across the Commonwealth in alignment with the overarching Industrial Relations Act 1988.
Key Provisions
The Industrial Relations Regulations (Amendment) 1993 No. 128 introduces several key changes to the existing regulations under the Industrial Relations Act 1988. Firstly, Regulation 2 adds a new reason for holding elections in registered organisations, namely the creation of a new office within the organisation (section 359). Secondly, Regulation 3 excludes defined benefit funds from the record-keeping requirements specified in Regulation 131H, addressing the issue of compliance where employers make superannuation contributions to such funds (section 353A). Thirdly, Regulation 4 amends Regulation 131N to ensure the Commonwealth transfers a copy of employment records to a new employer when a business is transferred or assigned, aligning with the requirements under the Archives Act 1983. Lastly, Regulation 5 exempts defined benefit funds from the payslip requirements outlined in paragraph 132B(1), ensuring that employers do not face impossible compliance challenges when superannuation contributions are made to these funds.
The amended regulations impose several obligations on employers and organisations. Employers must now keep comprehensive employment records, including details as prescribed in Part 9A of the Regulations. When superannuation contributions are made to defined benefit funds, these records do not need to include specific details regarding the amount of contributions and the period over which they were made (Regulation 3). Additionally, when a business is transferred or assigned, employers are required to transfer employment records to the new employer, ensuring continuity of documentation and compliance (Regulation 4). Lastly, employers must issue payslips containing prescribed particulars related to pay, including the name of the superannuation fund and the amount of contribution if the award requires such contributions (Regulation 5).
Failure to comply with the provisions of these amended regulations can result in various consequences. While specific offences and penalties are not detailed within the provided text, it is clear that non-compliance with the requirements to keep records, issue payslips, and transfer employment records can lead to civil or criminal consequences. The exact nature and severity of these consequences would typically be defined in the primary legislation or subsequent regulatory frameworks. The amendments aim to enhance compliance by addressing specific challenges faced by employers in maintaining records and issuing payslips, thereby ensuring smoother operation of industrial relations processes.