Industrial Relations Regulations (Amendment) 1995 No. 376
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 376
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.
Paragraph 5(3)(d) of the Act provides that matters pertaining to the relationship between employers and employees in public sector employment are industrial issues for the purposes of the Act.
Subsection 4(1) of the Act defines "public sector employment" to include employment or service under a prescribed law.
Subsection 121 (1) of the Act, as far as it is relevant, provides that in relation to an industrial dispute involving public sector employment the Australian Industrial Relations Commission (the Commission) may make an award, or order that is not consistent with a relevant law of the Commonwealth.
Subsection 121(2) of the Act defines "relevant law" to include a law of the Commonwealth, relating to employment matters in public sector employment.
Although the Office of the Official Secretary to the Governor-General (OOSGG) is effectively a public sector agency, employment with OOSGG does not come within the definition of public sector employment in the Act. Consequently this means that OOSGG cannot take advantage of the flexibility provided by the current enterprise bargaining provisions of the Act.
OOSGG employees are employed under section 13 of the Governor-General Act 1974 (the GG Act).
Section 14 of the G-G Act provides that the terms and conditions of employment of a person employed by the Official Secretary under section 13 are the same as the terms and conditions applicable in relation to an officer performing the duties of an office in the Australian Public Service, except where the Official Secretary (with approval of the Public Service Board) determines otherwise.
This Regulation will enable the OOSGG to negotiate an award or an agreement (such as a certified agreement or an enterprise flexibility agreement) in line with other public sector agencies. This proposed Regulation is put forward in consultation with the Official Secretary to the Governor-General.
Accordingly, it was considered appropriate to bring OOSGG within the definition of public sector employment under the Act. This will facilitate the making of awards and agreements under that Act.
Regulation 2 amends subregulation 4(1) of the Regulations by inserting Governor-General Act 1974.
The Regulations commenced on gazettal.
Overview
The Industrial Relations Regulations (Amendment) 1995 No. 376, issued under the authority of the Minister for Industrial Relations, aims to amend the Industrial Relations Regulations to address the gap in the definition of public sector employment under the Industrial Relations Act 1988. The Office of the Official Secretary to the Governor-General (OOSGG) was not previously included within the definition of public sector employment, despite being a public sector agency, thereby limiting its ability to negotiate employment terms under the Act. This regulation seeks to rectify that omission by incorporating OOSGG into the definition of public sector employment, thereby enabling OOSGG to engage in the same industrial relations processes as other public sector agencies. This amendment facilitates the negotiation of awards and agreements under the Act, aligning the OOSGG with the broader public sector in terms of employment regulation and flexibility.
Scope and Application
The Industrial Relations Regulations (Amendment) 1995 No. 376 pertains to the Industrial Relations Act 1988, aiming to extend the definition of public sector employment to encompass employees of the Office of the Official Secretary to the Governor-General (OOSGG), thereby enabling this office to engage in the negotiation of awards and agreements under the Act. The regulation applies to the employees of OOSGG, who are currently governed under the Governor-General Act 1974. By amending the definition within the Industrial Relations Regulations, the regulation ensures that OOSGG employees are aligned with other public sector employees in terms of industrial relations provisions. This amendment allows the Australian Industrial Relations Commission to make awards and orders that are not necessarily consistent with Commonwealth laws, specifically tailored for public sector employment, thus providing a consistent framework for employment terms and conditions across the public sector. The regulation's scope is limited to the terms and conditions of employment under the Governor-General Act 1974, and it does not alter any other aspects of employment law or the functions of OOSGG.
Key Provisions
The Industrial Relations Regulations (Amendment) 1995 No. 376 introduces modifications to the Industrial Relations Regulations under the Industrial Relations Act 1988. Specifically, Regulation 2 amends subregulation 4(1) by inserting "Governor-General Act 1974" into the list of prescribed laws. This change brings the Office of the Official Secretary to the Governor-General (OOSGG) within the definition of public sector employment as outlined in section 359 of the Act, thereby allowing OOSGG to engage in the same industrial relations processes as other public sector agencies.
The key provision of this amendment is the inclusion of the Governor-General Act 1974 in the list of prescribed laws, which brings OOSGG employees within the scope of public sector employment as defined in the Industrial Relations Act 1988. This change means that OOSGG can now negotiate awards and agreements under the Act, aligning its employment terms and conditions with those of other public sector employees. Such alignment facilitates the making of awards and agreements, enabling OOSGG to participate in enterprise bargaining provisions.
This amendment imposes specific obligations on OOSGG. It mandates that the terms and conditions of employment for OOSGG employees must now comply with the provisions of the Industrial Relations Act 1988, including the ability to negotiate awards and agreements. Additionally, it requires OOSGG to adhere to any relevant laws of the Commonwealth related to employment matters in public sector employment, ensuring consistency with broader public sector employment regulations.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this regulation. However, any failure to comply with the amended provisions could result in legal challenges or disputes, potentially leading to interventions by the Australian Industrial Relations Commission. It is important to note that while the regulation does not specify penalties, breaches of industrial relations laws generally may attract consequences under the Act, including fines or other legal actions as determined by the Commission.