Workplace Relations Amendment Regulations 1999 (No. 8) 1999 No. 336
EXPLANATORY STATEMENT
Statutory Rules 1999 No. 336
Issued by the Authority of the Minister for Employment, Workplace Relations and Small Business
Workplace Relations Act 1996
Workplace Relations Amendment Regulations 1999 (No. 8)
Authority
Subsection 359(1) of the Workplace Relations Act 1996 ("WR Act") provides that the Governor-General may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.
Purpose
The purpose of the regulations is to amend Schedule 2 (which prescribes who is an "employing authority" for various classes of employees) and Regulation 7 (which prescribes persons authorised to represent certain employing authorities in the AIRC and in the Federal Court) of the Workplace Relations Regulations 1996 (the Regulations). The new provisions ensure that employing authorities and prescribed persons as prescribed in the Regulations correspond with current Australian Capital Territory Public Service arrangements. Further, Regulation 22 is amended to insert the correct title of "the ACT & Region Chamber of Commerce and Industry" in subparagraph 22(1)(b)(i).
Context
Section 4 of the WR Act defines "employing authority" in relation to a class of employees, as the person or body so prescribed in relation to that class of employees. Section 352 of the Act stipulates that the employer of an employee engaged in public sector employment shall act only by an employing authority.
Sections 42(5) and 469(4) of the WR Act provide that an "employing authority" may be represented by a "prescribed person" in proceedings in the AIRC and the Federal Court respectively. "Employing authority", in relation to a class of employees, is defined by section 4 to be the person or body so prescribed in relation to that class. Schedule 2 (with Regulation 3) of the Regulations sets out who is the employing authority in relation to 4 categories of ACT public sector employees (items 15 -18 of the Schedule). Regulation 7 prescribes persons who may represent an "employing authority" in proceedings before the AIRC and the Federal Court (relevantly, paragraphs (i) to (m) of the Regulation).
With the establishment of a separate ACT public service in 1994 the former "transitional staff' which existed under the ACT Self-Government (Consequential Provisions) Act 1988 (Cth) were transformed into the ACT Public Service under the Public Sector Management Act 1994 (Cth). Categories of staff set out in Schedule 2 and their employing authorities do not correspond to the current ACT Public Service arrangements. The amendments bring up to date the references to "employing authority" (Schedule 2) and "prescribed person" (Regulation 7).
The Workplace Relations Amendment Regulations 1999 (No 1), Statutory Rule No 42 of 1999 substituted "the ACT & Region Chamber of Commerce and Industry Limited" in subparagraph 22(1)(b)(i) of the Regulations, as an organisation which must be notified of certain applications for variation of common rules. The word "Limited" was included in error, and the amendment to subparagraph 22(1)(b)(i) corrects the reference.
Details of the Regulations are in the Attachment.
The Regulations commenced on gazettal.
ATTACHMENT
WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (No. 8)
Regulation 1
Regulation 1 sets out the name of the Regulations.
Regulation 2
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3
Regulation 3 provides that Schedule 1 of the Regulations amends the Workplace Relations Regulations 1996 (the principal Regulations).
Schedule 1
Item 1
Item 1 of the Schedule amends the Regulations by substituting new paragraphs (i) (j) (k) (1) and (m) in Regulation 7. These new paragraphs identify "prescribed persons" in relation to certain employing authorities in ACT public sector employment, for the purposes of subsections 42(5) and 469(4) of the Workplace Relations Act 1996.
Item 2
Item 2 of the Schedule amends the Regulations by substituting a new subparagraph 22(1)(b)(i), to correct the reference to "the ACT & Region Chamber of Commerce and Industry".
Item 3
Item 3 of the Schedule amends Schedule 2 of the Principal Regulations by deleting existing items 15 to 18, and substituting new items 15 to 19, which identify the "employing authority" in relation to certain categories of ACT public sector employees.
Overview
The Workplace Relations Amendment Regulations 1999 (No. 8) were enacted to address discrepancies in the definitions and references to employing authorities and prescribed persons within the Workplace Relations Regulations 1996. These regulations were introduced under the authority of the Minister for Employment, Workplace Relations and Small Business, as granted by subsection 359(1) of the Workplace Relations Act 1996. The policy objective was to align the regulatory framework with the current Australian Capital Territory (ACT) Public Service arrangements established in 1994. This was necessitated by the transformation of transitional staff into the ACT Public Service under the Public Sector Management Act 1994. The amendments ensure that the definitions and references within the regulations correspond accurately with the current employment structures, thus maintaining consistency and compliance with the legal requirements governing public sector employment in the ACT.
Scope and Application
The Workplace Relations Amendment Regulations 1999 (No. 8) apply to the Australian Capital Territory (ACT) and are made under the authority of the Workplace Relations Act 1996. These regulations aim to update the definitions and references within Schedule 2 and Regulation 7 of the Workplace Relations Regulations 1996 to align with the current arrangements of the ACT Public Service. Specifically, the regulations amend the entities designated as "employing authorities" and "prescribed persons" for various categories of ACT public sector employees, ensuring they correspond with the current public service structure. Additionally, the regulations correct a typographical error in the reference to "the ACT & Region Chamber of Commerce and Industry Limited", removing the incorrect term "Limited". These amendments are necessary to reflect the transformation of the former "transitional staff" into the ACT Public Service under the Public Sector Management Act 1994 and to ensure compliance with the current legislative framework governing employment relations in the ACT public sector. The regulations came into effect upon gazette and are applicable to all relevant employing authorities and prescribed persons within the specified scope.
Key Provisions
The Workplace Relations Amendment Regulations 1999 (No. 8) introduce several amendments to the Workplace Relations Regulations 1996, primarily to ensure that the definitions of "employing authority" and "prescribed person" align with current Australian Capital Territory (ACT) public service arrangements. Regulation 7 (paragraphs (i) to (m)) and Schedule 2 (items 15 to 19) are particularly affected, as they detail who is considered an employing authority for various categories of ACT public sector employees and who can represent these authorities in proceedings before the Australian Industrial Relations Commission (AIRC) and the Federal Court.
These amendments are significant as they update the regulatory framework to reflect the establishment of the ACT Public Service in 1994 and the subsequent transformation of former "transitional staff" into the ACT Public Service under the Public Sector Management Act 1994. The changes ensure that the definitions and references within the Regulations correspond accurately with current public service structures.
Furthermore, the Regulations correct a previous error by amending subparagraph 22(1)(b)(i) to remove the erroneous inclusion of "Limited" from the title of "the ACT & Region Chamber of Commerce and Industry". The updated title now correctly reflects the organisation's name as simply "the ACT & Region Chamber of Commerce and Industry".
The regulations impose specific obligations on the parties involved, including ensuring that employing authorities are correctly identified and that the appropriate representatives are authorised to act on their behalf in legal proceedings. This includes adherence to the updated definitions of employing authorities and prescribed persons as outlined in the amended Schedule 2 and Regulation 7. It is essential that these provisions are followed to maintain the integrity and effectiveness of the regulatory framework governing ACT public sector employment.
Failure to comply with the provisions of these regulations may result in legal consequences. However, the explanatory statement does not detail specific penalties for non-compliance. The penalties and consequences for breach would generally be determined under the overarching Workplace Relations Act 1996 and could potentially include fines or other sanctions as prescribed by the relevant laws. Given the importance of these amendments in aligning the regulatory framework with current public service arrangements, adherence to these regulations is crucial to avoid any potential legal repercussions.