Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 99
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 99
(Issued by the Authority of the Minister for Industrial Relations)
Long Service Leave (Commonwealth Employees) Act 1976
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 8(1) of the Act provides that regulations may be made to include in salary, for the purposes of the Act or of a provision of the Act, allowances of specified kinds.
Regulation 4D of the Long Service Leave (Commonwealth Employees) Regulations provides for salary to include district allowance. An incorrect reference is made to section 21 which is not relevant for this purpose. Regulation 2 omits this reference.
Section 8A of the Act provides that regulations may be made providing that certain payments which might otherwise be included in salary, for the purposes of the Act, are not to be included in salary. The regulations may specify the extent to which such payments are not to be included in salary or prescribe the circumstances in which this is to occur.
Regulation 3 inserts in the Long Service Leave (Commonwealth Employees) Regulations a new regulation 4DC. The new regulation provides that certain overtime payments, shift penalties and related restriction, or on call allowances which might possibly be included in salary under the Act, are not to be included. The regulations do not prevent a penalty payment that as a result of award restructuring is commuted into a single rate of salary from continuing to be included in salary. The regulation describes the Shift Penalty Payment to which it refers.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992, issued under the authority of the Minister for Industrial Relations, amends the Long Service Leave (Commonwealth Employees) Regulations to correct inaccuracies and clarify certain provisions. This legislative amendment was enacted to address inconsistencies within the regulations that could potentially lead to misinterpretations regarding which allowances and payments are included in the salary for the purposes of calculating long service leave. The policy objective is to ensure that the regulations accurately reflect the legislative intent and provide clear guidance on what constitutes salary for the calculation of long service leave entitlements for Commonwealth employees. The Act was enacted in 1976 and these amendments in 1992 aim to refine the interpretation of salary components, thereby preventing any potential discrepancies in leave entitlements.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 99 applies to Commonwealth employees who are covered under the Long Service Leave (Commonwealth Employees) Act 1976. These regulations govern the inclusion of certain allowances and payments in the calculation of salary for the purpose of determining long service leave entitlements. Specifically, the amendments address the inclusion of district allowances, overtime payments, shift penalties, and related allowances, ensuring these are not factored into salary for long service leave calculations unless specified otherwise. The regulations are applicable on a national level, covering all Commonwealth employees across Australia, and are designed to clarify and correct previous misinterpretations of the Act's provisions, such as rectifying an incorrect reference to section 21. The scope of these regulations is further extended and specified through subordinate instruments, ensuring that the application of the Act is precise and aligned with the legislative intent.
Key Provisions
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 99 amends the Long Service Leave (Commonwealth Employees) Regulations 1976, providing specific adjustments to how salary is calculated for the purposes of long service leave entitlements. According to section 8(1) of the Long Service Leave (Commonwealth Employees) Act 1976, regulations can include certain allowances in the calculation of salary. Regulation 4D originally provided that district allowance should be included in salary for these purposes, although this was incorrectly referenced to section 21, which has now been corrected by Regulation 2.
These regulations impose certain requirements and obligations on Commonwealth employees and employers. Specifically, under the amended Regulation 4DC, certain overtime payments, shift penalties, and related allowances that were previously considered part of salary for long service leave calculations are now excluded. This means that these specific payments will not count towards the salary used to calculate long service leave entitlements. However, it is important to note that this exclusion does not apply to penalty payments that have been restructured and commuted into a single rate of salary as a result of award restructuring.
Failure to comply with these regulations can lead to several consequences. The regulations are designed to ensure that long service leave entitlements are calculated accurately and fairly, and any breach of these provisions could result in disputes or legal action. While the regulations themselves do not specify explicit penalties or offences, breaches of the Long Service Leave (Commonwealth Employees) Act 1976 could potentially lead to civil or criminal liability. The Act includes provisions for penalties and enforcement, although the specific penalties are not detailed in the amendments. Employers must ensure they are adhering to these regulations to avoid any potential legal repercussions or disputes with employees regarding their long service leave entitlements.