Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 138
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 138
(Issued by the Authority of the Minister for Industrial Relations)
Long Service Leave (Commonwealth Employees) Act 19Z6
Long Service Leave (Commonwealth Employees) Regulations (Amendment)
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.
Subsection 4(6) of the Act provides that a reference in the Act to a person who is employed by the Commonwealth is to include a reference to a person who is employed by, inter alia, a company that is incorporated under a Commonwealth law and which is declared in the regulations to be a body corporate to which the provision applies.
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.
Regulation 3 of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) provides that for the purposes of subsection 4(6) of the Act, a company referred to in column 2 of Schedule 1A of the Regulations is a body corporate.
The Australian and Overseas Telecommunications Corporation Act 1991 (the AOTC Act) has established the Australian and Overseas Telecommunications Corporation Limited (AOTC Limited), formed as a company by the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited. The relevant parts of the AOTC Act commenced on 1 February 1992.
It has been necessary to amend the Regulations as a consequence of the enactment of the AOTC Act. Prior to the amendment, OTC Limited was a prescribed company under Schedule 1A of the Regulations. As a matter of policy, Telecom was covered by the provisions of the Act by virtue of being a Commonwealth authority.
The reference to OTC Limited in the Schedule was no longer correct and has been replaced with a reference to AOTC Limited. This new prescription includes employees of the former Telecom who are now also employees of AOTC Limited.
Accordingly, Schedule 1A of the Regulations has been amended to replace the existing reference to OTC Limited with a reference to AOTC Limited.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 138 was introduced to address the legislative gap created by the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited, forming the Australian and Overseas Telecommunications Corporation Limited (AOTC Limited) under the Australian and Overseas Telecommunications Corporation Act 1991. This amendment to the Long Service Leave (Commonwealth Employees) Regulations 1976 ensures that the new corporation, AOTC Limited, is recognised under the Long Service Leave (Commonwealth Employees) Act 1976. This is crucial for maintaining the continuity of long service leave entitlements for employees who transitioned from Telecom and OTC Limited to AOTC Limited. The amendment was issued by the Authority of the Minister for Industrial Relations, ensuring that the updated regulations align with the current structure of Commonwealth entities and their employees.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 138 applies to persons employed by the Commonwealth, including those employed by companies incorporated under Commonwealth law and declared in the regulations as bodies corporate to which the Act applies. This amendment is particularly pertinent to the Australian and Overseas Telecommunications Corporation Limited (AOTC Limited), formed through the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited under the Australian and Overseas Telecommunications Corporation Act 1991. The amendment to the Regulations updates the reference from OTC Limited to AOTC Limited, ensuring that employees of the former Telecom, now employees of AOTC Limited, are correctly included within the scope of the Act. The amendment reflects the legislative changes necessitated by the merger and ensures continuity in the application of long service leave entitlements for these employees.
Key Provisions
The main operative sections of the Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 138 (the Amendment) involve the modification of Schedule 1A of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations). Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act) allows the Governor-General to make regulations for the purposes of the Act, and this Amendment exercises that power by updating the list of companies to which the Act applies. Regulation 3 of the Regulations states that a company referred to in column 2 of Schedule 1A is a body corporate, and the Amendment replaces the reference to OTC Limited with a reference to the Australian and Overseas Telecommunications Corporation Limited (AOTC Limited) in Schedule 1A.
The Amendment imposes certain obligations and requirements on the parties governed by the Act. Firstly, it ensures that the Act applies to employees of AOTC Limited, which was formed by the merger of the Australian Telecommunications Commission (Telecom) and OTC Limited under the Australian and Overseas Telecommunications Corporation Act 1991 (the AOTC Act). By including AOTC Limited in Schedule 1A, the Amendment extends the coverage of the Act to employees who were previously employed by Telecom and are now employed by AOTC Limited. This ensures that these employees are entitled to long service leave benefits under the Act, as per Section 11, which defines the period of service for long service leave purposes as continuous employment in Government Service.
The Amendment does not explicitly state any offences, penalties, or consequences for breach within its text. However, the Long Service Leave (Commonwealth Employees) Act 1976 does provide for penalties in cases of non-compliance. For example, Section 21 of the Act states that an employer who fails to pay long service leave entitlements to an employee is liable to pay a penalty equal to the unpaid amount, plus interest. Additionally, Section 22 allows an employee who has been aggrieved by a contravention of the Act to apply to the Federal Court for an order requiring the employer to pay the unpaid long service leave entitlements, along with interest and costs. The maximum penalties for breaches of the Act would depend on the specific nature of the breach, but they could include substantial fines and legal action by affected employees.