Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 57
EXPLANATORY STATEMENT
Statutory Rule 1992 No. 57
Issued by the Authority of the Minister for Industrial Relations
Maternity Leave (Commonwealth Employees) Act 1973
Maternity Leave (Commonwealth Employees) Regulations (Amendment)
Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 3(1) of the Act defines "prescribed authority". Under section 5 of the Act employees of a prescribed authority may be brought by regulation within the maternity leave arrangements provided under the Act.
Paragraph 5(1)(b) of the Act applies the Act to prescribed persons employed by the Commonwealth.
The definition of "prescribed authority" includes:
(c) a company that:
(i) is incorporated under a law of the Commonwealth or a law in force in a State or Territory;
(ii) is a trading corporation, or a financial corporation, within the meaning of paragraph of 51(20) of the Constitution; and
(iii) is declared by the regulations to be a body corporate in relation to which the Act applies.
Subregulation 4(c) of the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) provides that for the purposes of paragraph (c) of the definition of "prescribed authority", an authority that is specified in column 2 of Schedule 2A in an item in that Schedule is a body corporate.
Regulation 6 of the Regulations provides that, for the purposes of paragraph 5(1)(b) of the Act:
(a) a person who is a member or employee of a body corporate, unincorporated body or company referred to in regulation 4; or
(b) is a person specified in Schedule 3,
is a prescribed person, for the purposes of the Act.
ANL Limited was incorporated in July 1988 under the Companies Act 1981, and assumed the activities of the former Australian Shipping Commission (the ASC). The Government has given a commitment to ensuring that employees of Government Business Enterprises (GBE's). would be covered by the Act unless excepted by agreement of the parties. This policy has been reinforced by Cabinet Minute (No 13072) of 1 August 1989.
ANL Limited is now a prescribed company for the purposes of the Act. The prescription is contained in Schedule. 2A to the Regulations. However, the majority of ANL Limited employees are covered by industrial awards by which the major union covering ANL employees, the Australian Shipping and Travel Officers Association (the ASTOA), is respondent. The union has accepted that new employees of ANL Limited should be covered by these industrial awards. For this reason the intention is that maternity leave cover given by the Act should only be in respect of that ANL Limited employment which is not covered by an industrial award by which the ASTOA is bound. It has been necessary to amend the Regulations to give effect to this intention.
Former employees of the ASC who were transferred to the ANL Limited are also prescribed persons for the purposes of the Act. The provision is no longer required as coverage of all ANL Limited employees is given by the prescription of the company under the Act in Schedule 2A of the Regulations or by industrial award.
Accordingly, the Maternity Leave (Commonwealth Employees) Regulations have been amended to exclude from coverage of the Act those persons employed by ANL Limited in employment which is subject to an industrial award by which ASTOA is bound.
Schedule 3 to the Regulations has also been amended by omission of the entry in respect of persons who were former employees of the ASC as the Act or an industrial award covers such persons.
Regulation 6 has also been redrafted to clarity the provisions of the regulation. The amendment which has been made does not alter the substantive provisions of the existing regulation.
Overview
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 57, issued by the authority of the Minister for Industrial Relations, amends the Maternity Leave (Commonwealth Employees) Regulations 1973 to refine the application of the Maternity Leave (Commonwealth Employees) Act 1973. This Act was enacted to provide maternity leave arrangements for Commonwealth employees and to ensure consistency in the treatment of such employees across different prescribed authorities. The amendment responds to a specific policy objective outlined in Cabinet Minute (No 13072) of 1 August 1989, which aimed to ensure that employees of Government Business Enterprises would be covered by the Act unless otherwise agreed. The amendment specifically addresses the inclusion of ANL Limited employees, clarifying that maternity leave provisions apply only to those employees not covered by an industrial award by which the Australian Shipping and Travel Officers Association is bound. This amendment ensures that the Act’s provisions are tailored to avoid duplication with existing industrial awards, thereby maintaining a balanced approach to employee entitlements.
Scope and Application
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 57 applies to prescribed persons employed by the Commonwealth, particularly those working for companies such as ANL Limited, which are incorporated under Commonwealth or State/Territory law and are trading or financial corporations as defined in the Constitution. The Act and its regulations extend to ensure maternity leave provisions are available to these employees unless they are already covered by industrial awards where the Australian Shipping and Travel Officers Association is respondent. The amendment specifically excludes from the Act's coverage employees of ANL Limited who are subject to such industrial awards, clarifying that maternity leave provisions should only apply to those employments not governed by these awards. The regulations have been updated to reflect this exclusion and to remove references to former employees of the Australian Shipping Commission, as they are now covered by either the Act or their respective industrial awards. This amendment ensures that the scope of the Act aligns with existing industrial agreements while maintaining comprehensive coverage for eligible Commonwealth employees.
Key Provisions
The Maternity Leave (Commonwealth Employees) Regulations (Amendment) 1992 No. 57 amends the existing regulations to refine the scope of maternity leave coverage for employees of prescribed companies such as ANL Limited, which was formerly the Australian Shipping Commission. According to Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973, the Governor-General has the authority to make regulations that govern the Act. The amendments ensure that employees of ANL Limited who are covered by industrial awards administered by the Australian Shipping and Travel Officers Association (ASTOA) are excluded from the maternity leave provisions of the Act. This exclusion aligns with the union's acceptance that new employees should be covered by these industrial awards, ensuring that only those employees not covered by such awards are subject to the Act.
The obligations imposed by these amendments require prescribed companies like ANL Limited to ensure that their employees who are subject to industrial awards by which the ASTOA is bound do not receive maternity leave under the Act. This necessitates that employers maintain records and documentation to distinguish between employees covered by industrial awards and those not covered, thereby ensuring compliance with both the Act and the relevant industrial agreements. Companies must also communicate these changes effectively to their employees to avoid any confusion regarding their entitlements.
The amendments to the Maternity Leave (Commonwealth Employees) Regulations also include modifications to Schedule 2A and Schedule 3, which list the prescribed companies and individuals affected by the Act. Specifically, ANL Limited is added to Schedule 2A as a prescribed company, while former employees of the Australian Shipping Commission are removed from Schedule 3. Regulation 6 has been redrafted for clarity without altering its substantive content. Non-compliance with these regulatory changes could result in legal consequences, although specific penalties are not outlined in the provided text. However, generally, breaches of employment regulations can lead to enforcement actions, fines, or other penalties as determined by the relevant authorities.