Long Service Leave (Commonwealth Employees) Amendment Regulations 1999 (No. 1) 1999 No. 85
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 85
Issued by the Authority Minister for Employment, Workplace Relations, and Small Business
Long Service Leave (Commonwealth Employees) Act 1976
Long Service Leave (Commonwealth Employees) Amendment Regulations 1999 (No. 1)
The Long Service Leave (Commonwealth Employees) Act 1976 (the Act) makes provision for long service leave in respect of persons employed by the Commonwealth in Government Service or employed in an authority, institution or body recognised by statute, or prescribed by regulations.
Section 26 of the Act provides that the Governor-General may make regulations for the purposes of the Act.
The Regulations amend the Long Service Leave (Commonwealth Employees) Regulations (the LSL Regulations) to apply new terminology for credit unions and similar institutions, and to provide for service by employees compulsorily transferred from the Australian Broadcasting Corporation (ABC) to specified ABC orchestral network companies to be recognised as prior service for the purposes of the Act.
Amendment of Regulation 4E (Item 1 of the Schedule)
One category of office prescribed in the LSL Regulations is an office in a credit union, cooperative society, building cooperative or similar body, registered or incorporated under State or Territory law. The relevant provision is Regulation 4E as made under ss. 12(4) and (11) of the Act.
The amendment of Regulation 4E is consequent on amendment of the Banking Act 1959 to provide for credit unions and similar approved deposit-taking institutions (ADIs). The amendment does not change the effect of Regulation 4E but maintains the status quo.
Amendment of Schedule 2 to the Regulations (Item 2 of the Schedule
Subsection 7(2) of the Act allows the LSL Regulations to provide that previous employment of an employee in the service of a body referred to in the Regulations shall be taken to be employment in Government Service as defined in s. 10 of the Act.
Regulation 8 of the LSL Regulations is made under ss.7(2) of the Act. It provides that the previous employment of an employee in the service of a person, authority, institution or body that is referred to in Schedule 2 shall be taken into account for the purposes of the Act as if it had been employment in Government Service.
The amendment of Schedule 2 is to enable an employee who has been compulsorily transferred from the ABC to one of its subsidiary companies on the dates specified to count his or her period of service with those organisations as Government Service for long service leave purposes if he or she subsequently regains employment with other Commonwealth bodies bound by the Act. The subsidiary companies of the ABC are:
Symphony Australia Holdings Pty Ltd Melbourne Symphony Orchestra Pty Ltd Adelaide Symphony Orchestra Pty Ltd, or West Australian Symphony Orchestra Holdings Pty Ltd.
The opportunity has been taken to renumber all items in Schedule 2 to the LSL Regulations. The remaking of Schedule 2 is therefore for drafting reasons only.
The Regulations are taken to have commenced on 1 July 1998. This is the date on which employees are to be taken to have transferred from the ABC to one of the subsidiary companies specified above.
The retrospective application of these Regulations does not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.
Overview
The Long Service Leave (Commonwealth Employees) Amendment Regulations 1999 (No. 1) were enacted to address the need for updated terminology in the existing Long Service Leave (Commonwealth Employees) Regulations, particularly for credit unions and similar institutions, as well as to recognise service by employees transferred from the Australian Broadcasting Corporation (ABC) to specified ABC orchestral network companies as prior service under the Long Service Leave (Commonwealth Employees) Act 1976. These Regulations were issued by the Minister for Employment, Workplace Relations, and Small Business under the authority granted by the Act, aiming to ensure that the regulations accurately reflect current legal definitions and provisions. The policy objective is to provide a clear framework that recognises the service of employees within certain institutions and maintains their entitlements to long service leave upon transfer or change in employment status within the Commonwealth sector.
Scope and Application
The Long Service Leave (Commonwealth Employees) Amendment Regulations 1999 (No. 1) amends the Long Service Leave (Commonwealth Employees) Regulations to update terminology for credit unions and similar institutions and to recognise service by employees compulsorily transferred from the Australian Broadcasting Corporation (ABC) to specified ABC orchestral network companies as prior service for the purposes of the Act. The Act applies to persons employed by the Commonwealth in Government Service or employed in an authority, institution or body recognised by statute, or prescribed by regulations. The Regulations update the definition of offices in credit unions, cooperative societies, building cooperatives or similar bodies to align with the updated terminology in the Banking Act 1959, without altering the effect of the original regulation. Furthermore, the Regulations amend the Schedule to the LSL Regulations to ensure that employees compulsorily transferred from the ABC to specified subsidiary companies can count their service with those organisations as Government Service for long service leave purposes if they later return to Commonwealth employment. These changes aim to ensure the Act remains relevant and effective in recognising service for long service leave purposes.
Key Provisions
The Long Service Leave (Commonwealth Employees) Amendment Regulations 1999 (No. 1) introduce changes to the existing Long Service Leave (Commonwealth Employees) Regulations, primarily focusing on updating terminology and recognising certain service periods for the purposes of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act). The key amendments are reflected in Regulation 4E and Schedule 2 of the Regulations, which are referenced under section 26 of the Act. Regulation 4E, which originally referred to offices in credit unions, cooperative societies, and similar bodies, has been updated to align with changes in the Banking Act 1959 regarding approved deposit-taking institutions (ADIs). This update maintains the existing scope of Regulation 4E without altering its substantive effect.
Under the Act, employees who have been compulsorily transferred from the Australian Broadcasting Corporation (ABC) to one of its specified subsidiary companies are now able to have their service recognised as Government Service for long service leave purposes. This change is implemented through the amendment of Schedule 2, which allows for the inclusion of these employees' service periods as if they were employed in Government Service. The subsidiary companies in question are Symphony Australia Holdings Pty Ltd, Melbourne Symphony Orchestra Pty Ltd, Adelaide Symphony Orchestra Pty Ltd, and West Australian Symphony Orchestra Holdings Pty Ltd. The renumbering of items in Schedule 2 is a drafting measure and does not alter the substantive content of the Regulations.
The Regulations impose obligations on the Commonwealth and its entities to recognise certain service periods as Government Service for long service leave purposes. This means that employees who have been transferred from the ABC to the specified subsidiary companies and subsequently return to Commonwealth employment will have their service with these companies counted towards their long service leave entitlements. This alignment ensures that affected employees do not lose out on long service leave benefits due to their transfer.
For breaches of the Regulations or non-compliance with the requirements set out in the Act, there are potential civil and administrative consequences. While the specific penalties are not detailed in the explanatory statement, breaches of regulations concerning long service leave entitlements can typically lead to legal actions for non-payment or inadequate recognition of leave entitlements. Additionally, failure to adhere to the Act and its Regulations may result in administrative penalties or corrective measures to ensure compliance. It is essential for Commonwealth entities to comply with these Regulations to avoid any adverse outcomes for affected employees and to uphold the integrity of the long service leave provisions.