National Workplace Relations Consultative Council Regulations 2004

Administered by Attorney-General's Department

Legislation au F2004B00113 Regulations Not in force Legislative Instrument

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National Workplace Relations Consultative Council Regulations 2004 2004 No. 92

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 92

Issued by the authority of the Minister for Employment and Workplace Relations

National Workplace Relations Consultative Council Act 2002

National Workplace Relations Consultative Council Regulations 2004

Section 13 of the National Workplace Relations Consultative Council Act 2002 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient for carrying out or giving effect to the Act.

The National Workplace Relations Consultative Council (the Council) is a forum for consultation on workplace relations matters of national concern. Subsection 12(1) of the Act provides that the Council may, at any time, cause to be constituted a committee to consider, and report to the Council on, any matter relevant to the purpose of the Council referred to it by the Council. The Council is required by section 11 of the Act to meet at least twice per year. Some Council and committee members may need to travel interstate to attend meetings.

Subsections 9(1) and 12(2) of the Act state that the regulations may provide for a member of the Council, or a member of a committee, respectively, to receive travelling allowance at a rate specified or identified in the regulations.

Subsections 9(2) and 12(3) of the Act provide that the regulations may identify a rate of travelling allowance for a member of the Council, and a member of a committee, respectively, by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Formerly members were entitled under legislation to a rate of travelling allowance linked to Australian Public Service (APS) rates. With the commencement of the Workplace Relations Act 1996 and the release of the first Policy Parameters in May 1997, agencies progressively moved towards setting travelling allowance by way of agency-specific certified agreement. The former method for calculating travel allowances for Council members ceased to apply in late 2002. By then there was no longer a uniform travelling allowance rate applicable across the APS which could be used as an appropriate comparator.

The purpose of the Regulations is to provide for a member of the Council, and a member of a committee established by the Council, to receive travelling allowance for the purpose of attending Council meetings, Council committee meetings, or where otherwise engaged in legitimate Council business.

Section 10 of the Act provides that the Minister or a member of the Council may nominate a person to represent them at a meeting of the Council and that such a person has all the rights of a member.

•       The Regulations make specific provision for travelling allowance to be paid to such substitute members.

In addition, section 10A of the Act provides that the Minister may invite a person to attend a meeting of the Council and that such a person is entitled to travelling allowance as if he or she was a member.

•       Travelling allowance for such persons are provided for by the Regulations relating to members of the Council.

The Minister may also invite a person to attend a committee meeting under section 10A of the Act. A person invited to participate in a committee meeting is not entitled to travelling allowance.

The Regulations set the rate of travelling allowance for members of the Council, persons invited to attend meetings and committee members at the Tier 2 rate as specified in the Remuneration Tribunal Determination applicable to part-time holders of public office. Initially, the relevant rate is that specified in the Remuneration Tribunal Determination 2004/03: Official Travel by Office Holders. The rate, however, is adjusted from time to time to reflect relevant amendments to Determination 2004/03 and determinations which supersede Determination 2004/03. For each payment, the applicable determination is the determination that was in force at the time of travelling.

The Remuneration Tribunal Tier 2 rate is equivalent to the rate members received before the travelling allowance provisions were amended in 2002.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

The Regulations commence on the date of their notification in the Gazette.

 

Overview

The National Workplace Relations Consultative Council Regulations 2004 were enacted to address the need for uniform travel allowances for members of the National Workplace Relations Consultative Council and its committees, as outlined in the National Workplace Relations Consultative Council Act 2002. This legislative instrument was issued by the Minister for Employment and Workplace Relations under section 13 of the Act, which empowers the Governor-General to make regulations necessary for the implementation of the Act. The policy objective of the Regulations is to ensure that members of the Council and its committees receive appropriate travel allowances for attending meetings and conducting legitimate Council business. The Regulations specify that the travel allowance should be set at the Tier 2 rate as determined by the Remuneration Tribunal, which is equivalent to the rate members received prior to the 2002 amendments.

Scope and Application

The National Workplace Relations Consultative Council Regulations 2004 apply to members of the National Workplace Relations Consultative Council, substitute members, persons invited to attend Council meetings, and members of committees established by the Council. These Regulations pertain to the payment of travelling allowances to these individuals for attending meetings or engaging in legitimate Council business, in accordance with the National Workplace Relations Consultative Council Act 2002. This Act is a Commonwealth legislation, thus its jurisdictional reach is national. The Regulations set the rate of travelling allowance at the Tier 2 rate as specified in the Remuneration Tribunal Determination applicable to part-time holders of public office, and this rate is adjusted periodically to reflect relevant amendments to the Determination. Notably, the Regulations do not provide for the payment of travelling allowances to persons invited to attend committee meetings. The Act does not impose any conditions that need to be met before the power to make the proposed Regulations can be exercised, and the Regulations themselves take effect from the date of their notification in the Gazette.

Key Provisions

The National Workplace Relations Consultative Council Regulations 2004, pursuant to section 13 of the National Workplace Relations Consultative Council Act 2002, establish the framework for the payment of travelling allowances to members of the Council and committees established by the Council (reg. 3). The primary purpose of these regulations is to ensure that members, and those nominated or invited to participate in Council or committee meetings, receive a fair travelling allowance for their attendance and legitimate engagement in Council business (reg. 1). The allowance is set at the Tier 2 rate as specified by the Remuneration Tribunal, which is the same rate that Council members received prior to the 2002 amendments (reg. 4). This rate is periodically updated to reflect any changes in the Remuneration Tribunal determinations, ensuring the allowance remains current and appropriate (reg. 4). The obligations under these regulations are primarily centred around the provision of accurate and timely payment of travelling allowances to eligible individuals. Members of the Council, committee members, and those nominated or invited to attend meetings are entitled to this allowance (reg. 3). The regulations require that the appropriate authority, such as the Minister or a Council member, ensure that these payments are made in accordance with the specified rates (reg. 3). Additionally, any changes to the rates of allowance, as determined by the Remuneration Tribunal, must be implemented without delay to maintain compliance with the regulations (reg. 4). Breach of the provisions outlined in these regulations could potentially lead to non-compliance with workplace relations laws, but the regulations themselves do not specify particular offences, penalties, or consequences for such breaches. However, failure to adhere to the prescribed rates for travelling allowances could be viewed as non-compliance with statutory obligations, which may have broader implications under the National Workplace Relations Consultative Council Act 2002 or other relevant legislation. It is important for those responsible for making payments to ensure they are aligned with the regulations to avoid any potential legal repercussions or administrative actions.

Legal classification tags

Area of Law
Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Travelling Allowance Provisions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.