EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 108
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 LSL Act) provides that the Governor-General may make regulations prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the Act.
Section 11 of the LSL Act provides, inter alia, that for long service leave purposes, the period of service of an employee is the period during which the employee has been employed continuously in Government Service.
Section 10 of the LSL Act provides that, for the purposes of the Act, a person shall be taken to be employed in Government Service if the person is employed by the Commonwealth.
Subsection 4(6) of the LSL Act enables a person to be taken to be employed by the Commonwealth if the person is employed by a company which is incorporated under a law of the Commonwealth or a law in force in a state or territory; which is a trading corporation or a financial corporation within the meaning of paragraph 51(20) of the Constitution; and which is declared by the regulations to be a body corporate to which paragraph 4(6)(c) applies.
Section 15 of the Australian Airlines (Conversion to Public Company) Act 1988 deems the Australian Airlines Commission to be a company registered in the Australian Capital Territory under the Companies Act 1981 with the name Australian Airlines Limited. Employees of the Australian Airlines Commission were covered by the LSL Act.
In order to enable employees of Australian Airlines Limited to be covered by the LSL Act, the Long Service Leave (Commonwealth Employees) Regulations were amended to declare the company as a body corporate to which paragraph 4(6)(c) of the Act applies with the commencement date as 30 April 1988, the date the Australian Airlines Commission was converted into a company.