Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 355
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 355
Issued by the Authority of the Minister for Industrial Relations
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.
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 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 in Government service.
Subregulation 8(1) of the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) provides that, for the purposes of section 11 of the Act, a period of employment in the service of a body referred to in column 2 of Schedule 2 is taken to be Government service. Subregulation 8(2) further provides that, where in column 3 of Schedule 2 there is reference to employment in specific circumstances or for a particular period, the employment referred to in subregulation 8(1) is limited to those circumstances or period of time.
It has been longstanding practice to recognise as service, of persons now employed by Commonwealth bodies, periods of employment prior to takeover of the functions of a body by the relevant Commonwealth body.
Section 6 of the Anglo-Australian Telescope Agreement Act 1970 established the AngloAustralian Telescope Board (the Board) as a body corporate. The Science and Engineering Research Council (the Council) is a body corporate established by the Science and Technology Act 1965 (UK). In 1974 the Council established the United Kingdom Schmidt Telescope Unit (the UKSTU) in New South Wales, as an outstation of the Council. By an agreement dated 15 June 1988 the Council transferred to the Board the functions of the UKSTU.
For a number of years prior to this transfer two employees holding permanent positions with the Council worked with the UKSTU.
Schedule 2 of the Regulations has been amended to include service with the UKSTU, prior to its transfer to the Board in 1988, of persons employed by the Council.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 355 was enacted to amend the existing regulations concerning long service leave for Commonwealth employees. This amendment was introduced to address the need to recognize periods of employment for individuals who were employed by entities that were later taken over by Commonwealth bodies, ensuring continuity of service for the purposes of long service leave entitlement. The Long Service Leave (Commonwealth Employees) Act 1976, enacted by the Australian Parliament, provides the legislative framework for these amendments. The policy objective of these amendments is to ensure that employees who have worked for entities that were subsequently taken over by Commonwealth bodies are granted appropriate recognition of their service for long service leave purposes.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 355 applies to employees who have been continuously in Government service, with specific amendments recognising periods of employment prior to the takeover of functions by relevant Commonwealth bodies. This amendment extends the definition of service to include periods of employment with the United Kingdom Schmidt Telescope Unit prior to its transfer to the Anglo-Australian Telescope Board in 1988. The amendment is intended to ensure that employees who were previously with the Science and Engineering Research Council and later employed by the Commonwealth are recognised for their full service duration for long service leave purposes. The regulations are applicable within the Commonwealth and are issued under the authority of the Minister for Industrial Relations, with modifications made to the Long Service Leave (Commonwealth Employees) Regulations to align with the requirements of the Long Service Leave (Commonwealth Employees) Act 1976.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 355 primarily amends the Long Service Leave (Commonwealth Employees) Regulations to account for periods of service prior to the transfer of functions from the Science and Engineering Research Council (the Council) to the Anglo-Australian Telescope Board (the Board). Specifically, subregulation 8(1) of the Regulations now includes service with the United Kingdom Schmidt Telescope Unit (the UKSTU) prior to its transfer to the Board in 1988, of persons employed by the Council. This amendment ensures that the service of employees who worked with the UKSTU, prior to the transfer, is recognised for the purposes of long service leave under the Long Service Leave (Commonwealth Employees) Act 1976 (the Act).
The obligations imposed by these regulations are primarily on the Commonwealth bodies and their employees. These entities must now recognise and account for the service periods of employees who were with the Council and worked with the UKSTU before its transfer to the Board. This means that the service of these employees prior to the transfer is considered as Government service under section 11 of the Act. The regulations require that these periods of service be included in the calculations for long service leave entitlements.
Failure to comply with these regulations could potentially lead to disputes over long service leave entitlements. Employees whose service periods are not recognised may challenge their entitlements, arguing that they have been unfairly treated. However, the regulations themselves do not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. Instead, any disputes would likely be resolved under the general provisions of the Act, which may include administrative or judicial review processes. It is essential that Commonwealth bodies adhere to these regulations to ensure accurate and fair calculation of long service leave entitlements.