Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 325
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 325
Long Service Leave (Commonwealth Employees) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 11 of the Act provides that the period of service of an employee for long service leave purposes is the period during which the employee has been employed continuously in Government Service.
Subsection 11(2) of the Act provides, inter alia, that any employment in the service of an authority of a State prior to a period of current employment in Government Service, continuous with that current employment, is included in the period of service for long service leave purposes.
Subsection 7(2) of the Act provides that employment with a person, authority, institution or body (including a company), whether incorporated or not, that is prescribed in the regulations shall be taken into account for the purposes of section 11 as if it had been employment in Government Service.
Regulation 7 of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) provides that, for the purposes of subsection 11(2) of the Act, employment by an authority, institution or body referred to in column 2 of Schedule 1, in the circumstances (where appropriate) referred to in column 3 in that Schedule, is service of an authority of a State.
Regulation 8 of the Regulations provides that, for the purposes of section 11 of the Act, a period of employment in the service of a person, authority, institution or body referred to in column 2 of Schedule 2 is taken to be employment in Government Service.
It was necessary to amend the Regulations to reflect changes in the titles of several tertiary institutions that are prescribed for the purposes of section 11 of the Act.
Schedule 1 of the Regulations was amended to reflect a change in the title of the former Darling Downs Institute of Advanced Education, and two alterations to the title of the former Darwin Community College (an authority of a State has included an authority of the Northern Territory since 1985).
Schedule 2 was amended to reflect an alteration to the title of the former Canberra College of Advanced Education.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 325, issued by the Authority of the Minister for Industrial Relations, were enacted to amend the existing regulations under the Long Service Leave (Commonwealth Employees) Act 1976. This legislative amendment was introduced to address discrepancies arising from changes in the titles of various tertiary institutions that are prescribed under the Act for the calculation of long service leave. The policy objective behind these amendments is to ensure that the regulatory framework accurately reflects the current nomenclature of these educational institutions, thereby maintaining the integrity of the service periods counted towards long service leave entitlements for Commonwealth employees.
The Long Service Leave (Commonwealth Employees) Act 1976, as amended by these regulations, seeks to ensure that periods of service in specified employments are appropriately recognised for the purposes of long service leave. By updating the titles of institutions such as the former Darling Downs Institute of Advanced Education and the former Darwin Community College, the amendments aim to provide clarity and consistency in the application of the Act, ensuring that employees' service periods are accurately accounted for without administrative confusion or disputes.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 325, issued under the authority of the Minister for Industrial Relations, amends the Long Service Leave (Commonwealth Employees) Regulations 1976 to adjust for changes in the titles of several tertiary institutions. This amendment applies to employees who have been engaged in continuous service within government employment and those who have prior employment with prescribed entities that are considered as if they were in government service for long service leave purposes. The amendments address updates to the names of specific institutions, such as the former Darling Downs Institute of Advanced Education and the former Darwin Community College, as well as the former Canberra College of Advanced Education, ensuring these changes are reflected accurately in the regulations. The Act applies to Commonwealth employees and those who have been employed by entities listed in Schedule 2 of the Regulations, which are treated as government service for the purposes of long service leave. These changes are made under the authority granted by section 26 of the Long Service Leave (Commonwealth Employees) Act 1976, and the jurisdictional reach of these regulations is Commonwealth-wide, impacting employees across Australia.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1991 No. 325 modifies the existing regulations to reflect changes in the names of several tertiary institutions. Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 empowers the Governor-General to make regulations for the purposes of the Act, including the continuity of service for long service leave. Section 11 of the Act specifies that the period of service for long service leave purposes is the continuous employment in Government Service, with subsection 11(2) further clarifying that previous employment with a State authority, if continuous with current employment, is included in this period. Subsection 7(2) of the Act ensures that employment with prescribed entities is considered as Government Service.
The amendments to Regulation 7 and Regulation 8 of the Regulations are made to update the lists of authorities whose employment periods are counted as service of a State authority and Government Service respectively. Specifically, Schedule 1 has been altered to reflect the change in the title of the former Darling Downs Institute of Advanced Education and Darwin Community College, which is now recognised as an authority of the Northern Territory. Similarly, Schedule 2 has been updated to include the former Canberra College of Advanced Education. These changes ensure that the continuity of service for long service leave is accurately reflected, irrespective of name changes.
Under these Regulations, certain obligations are imposed on the parties involved. Employers must ensure that the updated Schedules in the Regulations are used to determine the eligibility and entitlement of long service leave for employees. Employees, on the other hand, need to be aware of these changes to understand how their previous employment periods are counted towards their long service leave. Non-compliance with these Regulations can lead to disputes over long service leave entitlements, making it crucial for both employers and employees to adhere to the updated provisions.
Failure to comply with the amended Regulations can result in various consequences. While the explanatory statement does not specify particular offences or penalties, breaches of regulations governing long service leave typically result in legal disputes over entitlements. In such cases, the aggrieved party may seek redress through the Fair Work Commission or the Federal Court. The penalties for non-compliance can include financial compensation for unpaid leave, interest on unpaid amounts, and potentially, legal costs. It is important for both employers and employees to be aware of these potential repercussions to ensure adherence to the Regulations.