Industrial Relations Regulations (Amendment)

Overview

The Industrial Relations Regulations (Amendment) 1996 No. 80 was enacted to align the Industrial Relations Regulations with the Commonwealth Bank Sale Act 1995, specifically addressing the status of the Commonwealth Bank of Australia under the Industrial Relations Act 1988. The amendment removes the Commonwealth Bank of Australia from the list of prescribed persons in Schedule 3 of the Industrial Relations Regulations, reflecting the bank's transition from a Commonwealth authority to a privately owned entity. This change takes effect from the moment the Commonwealth ceases to hold shares in the Commonwealth Bank that carry more than 59 per cent of the total voting rights, as stipulated in the Commonwealth Bank Sale Act. The objective of this amendment is to ensure that the Industrial Relations Regulations accurately reflect the current legal status of the Commonwealth Bank of Australia.

Scope and Application

The Industrial Relations Regulations (Amendment) 1996 No. 80 applies to amending the existing Industrial Relations Regulations, specifically addressing the definition of public sector employment under the Industrial Relations Act 1988. This amendment is pertinent to the Commonwealth Bank of Australia, which is prescribed in Schedule 3 of the Regulations as a Commonwealth authority. The purpose of the amendment is to exclude the Commonwealth Bank of Australia from being considered a Commonwealth authority under the Act once the Commonwealth ceases to hold shares that carry more than 59 per cent of the total voting rights attached to the voting shares in the bank. The regulation is set to take effect concurrently with the commencement of item 20 of the Schedule to the Commonwealth Bank Sale Act 1995, which marks the point at which the Commonwealth Bank of Australia is no longer a Commonwealth authority or Commonwealth company. This amendment ensures that the Industrial Relations Regulations align with the changing status of the Commonwealth Bank of Australia, thus maintaining the integrity and applicability of the existing industrial relations framework.

Key Provisions

The main operative sections of the Industrial Relations Regulations (Amendment) 1996 No. 80 are primarily concerned with the amendment of the existing Industrial Relations Regulations under the Industrial Relations Act 1988. Section 4(2)(c) of the Regulations currently includes the Commonwealth Bank of Australia as a prescribed entity for the purposes of defining "public sector employment" under the Act. The amendment seeks to exclude the Commonwealth Bank of Australia from this Schedule. Specifically, regulation 3 (proposed regulation 3) amends Schedule 3 by omitting the Commonwealth Bank of Australia from the list of prescribed persons or entities. This amendment is intended to take effect from the commencement of item 20 of the Commonwealth Bank Sale Act 1995, which specifies that the Commonwealth Bank of Australia is no longer a Commonwealth authority or company once the Commonwealth ceases to hold shares that carry more than 59% of the total voting rights attached to the voting shares in the bank. The obligations and requirements imposed by the Industrial Relations Regulations (Amendment) 1996 No. 80 are focused on ensuring that the Industrial Relations Regulations are updated to reflect changes in the legislative framework regarding public sector employment. By removing the Commonwealth Bank of Australia from Schedule 3, the Regulations are aligned with the new status of the bank as no longer being a Commonwealth authority or company. This amendment ensures that the definition of "public sector employment" is accurate and does not inadvertently include entities that have transitioned to private ownership. The Regulations thus require that the list of prescribed entities be kept current with changes in ownership and corporate status of entities that may have been previously included under public sector employment definitions. Any breach of the Industrial Relations Regulations, as amended by the Industrial Relations Regulations (Amendment) 1996 No. 80, could have civil or administrative consequences. Although the specific penalties for non-compliance with the Regulations are not detailed within the explanatory statement, it is understood that breaches of industrial relations legislation can typically result in enforcement actions by relevant authorities, including the Fair Work Commission or Fair Work Ombudsman. These bodies may impose penalties, orders, or other remedies to ensure compliance with the Act and its Regulations. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader provisions of the Industrial Relations Act 1988.