EXPLANATORY STATEMENT
Statutory Rules 1990 No. 321
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 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 with the Commonwealth.
Air Queensland Proprietary Limited (formerly Air Queensland Limited, and before that. Bush Pilots Airways Proprietary Limited and Bush Pilots Airways Limited) is a wholly owned subsidiary of Australian Airlines Limited. Employees of Australian Airlines Limited (formerly the Australian National Airlines Commission) are covered by the Long Service Leave Act.
The proposed amendment to the Long Service Leave (Commonwealth Employees) Regulations inserts new items 2B and 2C into Schedule 2 to those Regulations to authorise the recognition of prior service of any Commonwealth employees who were formerly employed by Air Queensland Proprietary Limited (including prior continuous service with Air Queensland Limited, Bush Pilots Airways Proprietary Limited and Bush Pilots Airways Limited), as service for the purposes of section 11 of the Act.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1996, issued under the authority of the Minister for Industrial Relations, was enacted to address the gap in the recognition of prior service for long service leave purposes among employees who were formerly employed by entities that are now part of Australian Airlines Limited. This amendment to the Long Service Leave (Commonwealth Employees) Act 1976 was designed to ensure that employees who had been continuously employed by Air Queensland Proprietary Limited, along with its previous entities, are granted appropriate recognition of their service for long service leave entitlements. By incorporating these changes, the policy objective is to provide clarity and fairness in the calculation of long service leave for employees who have transitioned through various entities now associated with Australian Airlines Limited, ensuring their service is appropriately acknowledged under the Act.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) pertains to the recognition of service periods for long service leave purposes under the Long Service Leave (Commonwealth Employees) Act 1976. This Act applies to employees who have been continuously employed in Government Service, including those who have worked for entities prescribed in the regulations. The amendment specifically addresses the recognition of service for employees who were formerly employed by Air Queensland Proprietary Limited and its predecessors, ensuring that their continuous service is considered as part of their employment with the Commonwealth. This amendment extends the geographic and jurisdictional reach of the Act by recognising service across different iterations of Air Queensland, thereby providing comprehensive coverage to the affected employees. The regulation does not specify any exclusions or thresholds, but rather focuses on the inclusion of relevant service periods to qualify for long service leave entitlements. The amendment is made under the authority of the Minister for Industrial Relations and is implemented through the statutory rules, thereby extending the application of the Act as specified.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) primarily address the recognition of prior service for long service leave purposes under the Long Service Leave (Commonwealth Employees) Act 1976. The amendment introduces new items 2B and 2C into Schedule 2 of the Regulations. These items recognise the prior service of employees who were formerly employed by Air Queensland Proprietary Limited, including its antecedents Air Queensland Limited, Bush Pilots Airways Proprietary Limited, and Bush Pilots Airways Limited, as service for the purposes of section 11 of the Act (section 26). This amendment aims to ensure that the service rendered by employees of these entities is counted towards their eligibility for long service leave under the Act.
Entities and parties governed by this Act are required to adhere to the newly introduced provisions that recognise the service history of former Air Queensland employees. Specifically, continuous service with Air Queensland Proprietary Limited and its predecessors will now be considered when calculating the period of service for long service leave purposes (subsection 7(2)). This means that any employee who has served with these entities must have their prior service acknowledged in the total service calculation for the purpose of qualifying for long service leave benefits under the Act.
Failure to comply with the requirements set out in the amended regulations may result in legal consequences. While the Explanatory Statement does not explicitly detail penalties for non-compliance, it is implied that breaches of the regulations could lead to disputes over long service leave entitlements, which might be adjudicated in civil courts. The implications for non-compliance could include financial penalties or other legal remedies, depending on the specific nature of the breach and the jurisdiction's interpretation of the regulations. It is advisable for employers and employees to ensure they adhere strictly to the new provisions to avoid any potential legal ramifications.