EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO 96
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 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 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.
Subsection 7(2) of the Act provides that regulations may be made to enable previous employment of an employee in the service of a person, authority, institution, or body (including a company) whether incorporated or not, that is referred to in the regulations to be taken into account for the purposes of section 11 of the Act as if it had been employment in Government Service.
The Long Service Leave (Commonwealth Employees) Regulations have been amended to authorise the recognition, for long service leave purposes, prior service with Travelstrength Limited, a company incorporated in New South Wales.
Travelstrength Limited is a wholly owned subsidiary of the Commonwealth Banking Corporation of Australia and the Commonwealth Savings Bank of Australia. The Commonwealth Banking Corporation of Australia and the Commonwealth Savings Bank of Australia exist as Commonwealth Authorities under the Commonwealth Banks Act 1959, and prior service for long service leave purposes with these two bodies is covered by paragraph 11(5)(b) of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act). Prior service with Travelstrength Limited has been recognised for long service leave purposes because of the Commonwealth’s direct interest in that company.