Workplace Relations Amendment Regulations 2002 (No 1)

Administered by Department of Employment and Workplace Relations

Legislation au F2002B00070 Regulations Not in force Legislative Instrument

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Workplace Relations Amendment Regulations 2002 (No. 1) 2002 No. 71

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 71

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

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2002 (No. 1)

Section 359 of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 352 of the Act provides that the employer of an employee engaged in Commonwealth employment can only act for the purposes of the Act (ie notify disputes, enter agreements etc) through an employing authority acting on behalf of the employer. Section 4 of the Act provides that 'employing authority', in relation to a class of employees, means the 'person or body, or each of the persons or bodies, prescribed as the employing authority in relation to the class of employees'.

Schedule 2 to the Workplace Relations Regulations 1996 (the Principal Regulations) sets out the persons or bodies prescribed as an 'employing authority' for various classes of public sector employment.

The main purpose of the Regulations is to make various changes to Schedule 2 of the Principal Regulations to reflect changes made by the Public Service Act 1999 and the Parliamentary Service Act 1999 and to reflect Government policy of devolving responsibility for employment matters to Agency Heads.

The Regulations also amend the Principal Regulations to reflect new terminology made by the Public Service Act 1999 and the Parliamentary Service Act 1999.

The effect of the Regulations is to:

•       amend regulation 4, which prescribes classes of persons for the purposes of the definition of 'public sector employment' in the Workplace Relations Act 1996, to reflect changes in terminology made by the Public Service Act 1999;

•       amend Schedule 2, which prescribes persons and bodies for the purposes of the definition of 'employing authority' in the Workplace Relations Act 1996, to reflect changes made by the Public Service Act 1999 and the Parliamentary Service Act 1999 and to reflect Government policy of devolving responsibility for employment matters to Agency Heads;

•       amend the Principal Regulations so that 'an APS employee or Parliamentary Service Employee' replaces all references to 'an officer of the Australian Public Service', and 'an SES employee as defined in section 34 of the Public Service Act 1999' replaces 'a Senior Executive Service officer of the Australian Public Service' in regulation 8C; and

•       amend the Principal Regulations to update references to the portfolio Minister and the Department.

Details of the Regulations are in the attachment.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2002 (No. 1)

Regulation 1

This regulation sets out the name of the Regulations.

Regulation 2

This regulation provides for the commencement of the Regulations on gazettal.

Regulation 3

This is a formal provision, to provide that Schedule 1 amends the Workplace Relations Regulations 1996.

Schedule 1 - Amendments

Item 1        Regulation 2, after definition of the Act

This item inserts a new definition of Workplace Relations Minister. The Principal Regulations on their face previously referred to the Minister by outdated titles such as 'Minister of State for Industrial Relations'. Orders under the Acts Interpretation Act 1901 have had the effect of updating these references for all intents and purposes, but a new term was needed for new references to the Minister inserted by these Regulations. The opportunity has therefore been taken to update existing references to the Minister. The new definitional term will be used for all references to the portfolio Minister (except in forms, where the Minister's current title is used in full).

Item 2        Paragraph 4(2)(d)

This item amends the existing regulation, which prescribes the classes of persons for the purposes of the definition of 'public sector employment' in the Workplace Relations Act 1996, to clarify its ambit and reflect changes in terminology made by the Public Service Act 1999. An example is added to provide clarification of the intent of the new paragraph.

Item 3        Paragraph 7(c)

The effect of this item is twofold.

Firstly, it replaces a reference to the 'Minister of State for Industrial Relations' with the new expression Workplace Relations Minister'. The latter expression is defined in regulation 2 (see note to item 1 above).

Secondly, to reflect changes in terminology made by the Public Service Act 1999 and Parliamentary Service Act 1999, 'an APS employee or Parliamentary Service employee' replaces the reference to 'an officer of the Australian Public Service'.

Item 4        Subregulation 8D(2), definition of authorised person, subparagraph (b)(iii)

This item replaces a reference to the 'Minister for Industrial Relations' with the new expression 'Workplace Relations Minister'. The latter expression is defined in regulation 2 (see note to item 1 above).

Item 5       Subregulation 30ZM(2), definition of authorised person, subparagraph (b)(iii)

This item replaces a reference to the 'Minister for Industrial Relations' with the new expression 'Workplace Relations Minister'. The latter expression is defined in regulation 2 (see note to item 1 above).

Item 6        Regulation 137

This item replaces a reference to the portfolio Department as 'Department of Industrial Relations' with a reference to the Department's current title, 'Department of Employment and Workplace Relations'.

Item 7        Schedule 1, form 1

This item amends the Form for inspectors' identity cards to replace references to the portfolio Minister as 'Minister of State for Industrial Relations' with references to the Minister's current title, 'Minister for Employment and Workplace Relations'.

Item 8        Schedule 2, item 1

This item replaces references to the 'Minister of State for Industrial Relations' with the new expression 'Workplace Relations Minister'. The latter expression is defined in regulation 2 (see note to item 1 above).

Item 9        Schedule 2, items 3 and 4

This item replaces existing items 3 and 4 in Schedule 2 to effect a number of changes:

•       the existing descriptions of the classes of employees in column 2 of items 3 and 4 of Schedule 2 are replaced with new descriptions that rely upon the Public Service Act 1999 and the Parliamentary Service Act 1999 rather than the Public Service Act 1922. Although differently described, the classes of employees remain the same (that is, the new descriptions do not expand or contract the classes of employees covered);

•       the expression 'The Minister administering the Department' changes to 'The Agency Minister within the meaning of the Public Service Act 1999' in column 3 of item 3, to reflect changes made by the Public Service Act 1999;

•       'The Agency Head within the meaning of the Public Service Act 1999' is prescribed as an employing authority in column 3 of item 3. This change reflects Government policy of devolving responsibility for employment matters to Agency Heads;

•       the reference to the 'Minister of State for Industrial Relations' in column 3 of item 3 is replaced with a new expression 'Workplace Relations Minister'. The latter expression is defined in regulation 2 (see note to item 1 above);

•       in column 3 of item 4, the existing terms 'The President of the Senate' and 'The Speaker of the House of Representatives' are replaced with 'A Presiding Officer within the meaning of the Parliamentary Service Act 1999', which encompasses the President and the Speaker; and

•       also in column 3 of item 4, the expression 'The Secretary within the meaning of the Parliamentary Service Act 1999' is added as a prescribed employing authority. Again, this is consistent with Government policy to devolve responsibility for employment matters to Agency Heads.

Item 10        Further amendments

To reflect changes in terminology made by the Public Service Act 1999 and Parliamentary Service Act 1999, 'an APS employee or Parliamentary Service employee' replaces various references to 'an officer of the Australian Public Service', and 'an SES employee as defined in section 34 of the Public Service Act 1999' replaces 'a Senior Executive Service officer of the Australian Public Service' in regulation 8C.

 

Overview

The Workplace Relations Amendment Regulations 2002 (No. 1) were enacted to address the need for updating and aligning terminology in the Workplace Relations Regulations 1996 with the changes introduced by the Public Service Act 1999 and the Parliamentary Service Act 1999. These Regulations were issued under the authority of the Minister for Employment and Workplace Relations and aim to ensure that the definitions and roles within the regulations are consistent with the new legislative frameworks. By reflecting these changes, the Regulations facilitate the devolution of employment responsibilities to Agency Heads, in line with contemporary government policy. The overall effect is to modernise the regulatory language to reflect current terminology and policy objectives, thereby ensuring that the administration of workplace relations remains effective and aligned with legislative updates.

Scope and Application

The Workplace Relations Amendment Regulations 2002 (No. 1) apply to employers and employees engaged in Commonwealth employment, specifically within the public sector. The regulations amend the Workplace Relations Regulations 1996 to reflect legislative changes made by the Public Service Act 1999 and the Parliamentary Service Act 1999, as well as to implement a government policy of devolving responsibility for employment matters to Agency Heads. The amendments also update terminology and references to reflect current titles of the Minister and Department. The regulations affect the definitions and descriptions of various classes of public sector employment, the identification of employing authorities, and the replacement of outdated titles with current ones throughout the regulations. The changes ensure consistency with the updated terminology and responsibilities outlined in the newer acts. The regulations commence on gazettal, indicating immediate applicability upon publication.

Key Provisions

The Workplace Relations Amendment Regulations 2002 (No. 1) (the Regulations) amend the Workplace Relations Regulations 1996 (the Principal Regulations) to bring them into line with changes made by the Public Service Act 1999 and the Parliamentary Service Act 1999. These changes also reflect the government’s policy of devolving responsibility for employment matters to Agency Heads. Section 359 of the Workplace Relations Act 1996 (the Act) empowers the Governor-General to make these regulations, which prescribe all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. The Regulations impose obligations and requirements on the parties and entities they govern. Regulation 4 of the Principal Regulations is amended to reflect changes in terminology made by the Public Service Act 1999, specifically relating to the definition of 'public sector employment' in the Workplace Relations Act 1996. Schedule 2, which prescribes persons and bodies for the purposes of the definition of 'employing authority', is amended to reflect changes made by the Public Service Act 1999 and the Parliamentary Service Act 1999, as well as the government’s policy of devolving responsibility for employment matters to Agency Heads. Furthermore, the Regulations update references to the portfolio Minister and the Department, replacing outdated titles such as 'Minister of State for Industrial Relations' with the new expression 'Workplace Relations Minister', as defined in regulation 2. Similarly, the Department of Industrial Relations is replaced with the Department of Employment and Workplace Relations. Failure to comply with the provisions of the Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. The Regulations themselves do not explicitly outline specific offences, penalties, or consequences for breach. However, the Workplace Relations Act 1996 and related legislation may impose penalties and consequences for non-compliance with the Act's provisions, including fines and imprisonment. It is essential for parties and entities governed by the Regulations to ensure they comply with the updated terminology and responsibilities outlined in the Regulations to avoid potential civil or criminal liability.

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