EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO 271
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 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 in Government Service.
Aerospace Technologies of Australia Pty. Limited is a wholly Commonwealth-owned company which was incorporated on 3 December 1986 under the Companies Act 1981 in the Australian Capital Territory.
This amendment to the Regulations with effect from the date of notification in the Gazette authorises the recognition as Government Service, for long service leave purposes, of prior service of any Commonwealth employee who was formerly employed by Aerospace Technologies of Australia Pty. Limited.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1989, issued under the authority of the Minister for Industrial Relations, addresses a gap in the Long Service Leave (Commonwealth Employees) Act 1976 by amending the regulations to recognise prior service for long service leave purposes. The problem the amendment aims to resolve is the exclusion of service with certain entities, such as Aerospace Technologies of Australia Pty. Limited, from being counted towards long service leave eligibility despite the entity being wholly Commonwealth-owned. By recognising service with Aerospace Technologies of Australia Pty. Limited as government service, the amendment ensures that employees who have worked for this company are not disadvantaged when it comes to long service leave entitlements. The policy objective is to provide a fair and consistent approach to long service leave eligibility across all Commonwealth-owned entities.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1989 No. 271, issued under the authority of the Minister for Industrial Relations, amends the Long Service Leave (Commonwealth Employees) Regulations to include service with Aerospace Technologies of Australia Pty. Limited as Government service for the purposes of determining eligibility for long service leave. This amendment applies to employees who have been previously employed by Aerospace Technologies of Australia Pty. Limited, a wholly Commonwealth-owned company incorporated under the Companies Act 1981 in the Australian Capital Territory. The Regulations are an extension of the Long Service Leave (Commonwealth Employees) Act 1976, which provides the framework for long service leave entitlements for Commonwealth employees, and the Governor-General is authorised to make regulations necessary to carry out or give effect to the Act. This amendment is effective from the date of notification in the Gazette, ensuring that the service of former employees of Aerospace Technologies of Australia Pty. Limited will be recognised for long service leave purposes, thereby aligning their entitlements with those of other Commonwealth employees.
Key Provisions
The key provisions of the Long Service Leave (Commonwealth Employees) Regulations (Amendment) Statutory Rules 1989 No 271 clarify the scope of employment that can be recognised as Government service for the purposes of long service leave entitlements under the Long Service Leave (Commonwealth Employees) Act 1976. Section 11 of the Act specifies that the period of service for long service leave is the continuous employment in Government service. Section 7(2) allows for the inclusion of employment with prescribed entities to be counted as Government service. This amendment, particularly relevant to employees of Aerospace Technologies of Australia Pty. Limited, a wholly Commonwealth-owned company, expands the definition to include their prior service.
Under this amendment, any prior service with Aerospace Technologies of Australia Pty. Limited is now recognised as Government service for long service leave purposes. This means that employees who were formerly employed by this company, which was incorporated on 3 December 1986, can now have their service periods counted towards their eligibility for long service leave. This is significant as it ensures that these employees receive the benefits that are available to other Commonwealth employees.
The Act imposes specific obligations on the parties involved. The employer, in this case, Aerospace Technologies of Australia Pty. Limited, must ensure that all relevant service periods are accurately recorded and recognised for long service leave purposes. Employees, on the other hand, must be informed of their entitlement to have their service recognised and understand the implications of this recognition for their long service leave benefits. Additionally, the Commonwealth, as the governing body, must ensure that the regulations are implemented correctly and that all eligible employees are aware of their entitlements.
Failure to comply with the provisions of the Act can result in serious consequences. Although the specific offences and penalties are not detailed in the explanatory statement, breaches of employment regulations can generally lead to legal action, fines, or other penalties as prescribed by law. The maximum penalties can vary, but they typically include fines and, in some cases, imprisonment, depending on the severity and intent of the breach. Ensuring compliance is therefore crucial for all parties involved to avoid any adverse legal or financial repercussions.