Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 353
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 353
(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 7 of the Act provides that regulations may be made recognising previous service with prescribed authorities to be taken into account for the purpose of long service leave.
Schedule 1 of the Long Service Leave (Commonwealth Employees) Regulations (the regulations) lists universities that are treated as authorities of a State for this purpose. The purpose of the proposed regulations is to update the current schedule to include those universities formed through the Federal Government's initiatives to amalgamate and reorganise tertiary institutions. Regulation 2 includes the new institutions and universities.
Section 11 of the Act provides that the period of service, for the purpose of long service leave, is the period during which an employee has been employed continuously in Government Service.
Schedule 2 of the regulations lists companies that are fully owned by the Commonwealth, a State, or both for the purpose of recognising under the Act prior service with them.
The National Training Board Ltd (the Board) was established in 1989 as a company fully owned by the Commonwealth and State governments. Regulation 3 includes the Board for this purpose.
The regulations commenced on Gazettal.
Overview
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 353 was enacted to address the need for updating the list of universities and companies to be recognised for the purposes of long service leave under the Long Service Leave (Commonwealth Employees) Act 1976. This amendment was necessary due to the Federal Government's initiatives in amalgamating and reorganising tertiary institutions, and the establishment of new fully owned companies by the Commonwealth and State governments. The regulations were made under the authority of the Minister for Industrial Relations, aiming to ensure that service with these new institutions and companies is appropriately recognised for long service leave entitlements. The policy objective is to provide clarity and consistency in the recognition of service periods that qualify for long service leave, thereby ensuring fair treatment for all Commonwealth employees.
Scope and Application
The Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 amends the existing regulations under the Long Service Leave (Commonwealth Employees) Act 1976, extending the recognition of previous service with prescribed authorities for the purpose of long service leave to include newly formed universities and the National Training Board Ltd. This amendment applies to Commonwealth employees, ensuring that their service with these newly recognised entities is taken into account when calculating their long service leave entitlements. The geographic reach of the Act is national, as it pertains to Commonwealth employees and entities across Australia. The regulations provide specific exemptions and inclusions, such as the updated list of universities and the addition of the National Training Board Ltd, ensuring that the scope of the Act is expanded to encompass entities formed through recent governmental initiatives. The regulations do not introduce new exclusions but rather refine the entities that fall under the Act’s purview, ensuring that all relevant service periods are appropriately recognised.
Key Provisions
The primary operative sections of the Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 353 involve updates to the schedule of institutions that qualify for recognition of previous service for long service leave purposes. Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act) empowers the Governor-General to make these regulations. Schedule 1 of the regulations now includes additional universities that were formed through Federal initiatives to amalgamate and reorganise tertiary institutions. This amendment ensures that employees who have served these newly formed universities are recognised for long service leave. Additionally, Schedule 2 includes the National Training Board Ltd, which was established in 1989 and is fully owned by the Commonwealth and State governments.
The obligations and requirements imposed by these regulations are primarily focused on ensuring that employees who have served in the newly listed universities and the National Training Board Ltd are eligible for long service leave under the Act. This includes recognising their previous service for the purposes of calculating long service leave entitlements. Section 7 of the Act mandates that regulations must recognise previous service with prescribed authorities, and this amendment aligns with that mandate by updating the list of qualifying institutions. Furthermore, Section 11 of the Act stipulates that the period of service for long service leave purposes must be the period during which an employee has been continuously employed in Government Service. The regulations ensure that these provisions are applied to the new entities.
For breaches of the Long Service Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 353, the Act does not specify any offences, penalties, or civil/criminal consequences. However, it is essential for employers to adhere to these regulations to avoid any potential disputes or legal issues regarding long service leave entitlements. Failure to recognise an employee's service in accordance with these regulations could lead to claims for unpaid leave, which could be pursued in civil courts. The precise consequences of non-compliance would depend on the specific circumstances and the legal remedies available to affected employees.