EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 119
Issued by the authority of the Minister for Employment and Workplace Relations, and the Prime Minister
Workplace Relations Amendment (Work Choices) Act 2005
Public Service Act 1999
Workplace Relations Amendment (Work Choices) (Consequential Amendments) Amendment Regulations 2006 (No. 1)
Subitem 2(1) of Schedule 4 to the Workplace Relations Amendment (Work Choices) Act 2005 (the Work Choices Act) provides that the Governor-General may make regulations amending Acts, being amendments that are consequential on, or otherwise relate to, amendments made by the Work Choices Act.
Regulation 3 of the Regulations provides that Schedule 1 to the Regulations amends the Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1).
The Regulations amend the Building and Construction Industry Improvement Act 2005 (the BCII Act) to correct a reference to the Workplace Relations Act 1996 (the WR Act). Paragraph 42(1)(b) of the BCII Act provides that the reference in subsection 507(4) of the WR Act to 300 penalty units is to be read as a reference to 1,000 penalty units if the person is a body corporate. The references in the WR Act to 300 penalty units are in subsections 507(8), 508(6) and 509(4). Item [1] of the Regulations amends paragraph 42(1)(b) of the BCII Act to refer to those sections.
Item [2] of the Regulations amends the Remuneration Tribunal Act 1973 to remove paragraph 3(4)(ga) of that Act. Paragraph 3(4)(ga) was inserted by the Workplace Relations Amendment (Work Choices) (Consequential Amendments) Regulations 2006 (No. 1). The effect of the amendment is to ensure that the Chair, and members, of the Australian Fair Pay Commission (AFPC) are not excluded from the meaning of ‘public office’ in the Remuneration Tribunal Act 1973. This makes it clear that the Remuneration Tribunal may make relevant determinations for the Chair and members of the AFPC.
Item [3] of the proposed Regulations would amend the Australian Federal Police Act 1979 (AFP Act) to correct references to Part numbers in the WR Act.
Items [4] - [7] of the Regulations amend the Public Service Regulations 1999 (the PS Regulations), made under the Public Service Act 1999 (the PS Act), in regard to the determination of remuneration and other terms and conditions of employment applying to Agency employees and correct references to relevant industrial instruments in the PS Regulations.
The Work Choices Act, the AFP Act and the PS Act specify no conditions that need to be satisfied before the power to make the Regulations may be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Overview
The Workplace Relations Amendment (Work Choices) (Consequential Amendments) Amendment Regulations 2006 (No. 1) were introduced to correct inconsistencies and references arising from the amendments made by the Workplace Relations Amendment (Work Choices) Act 2005. Enacted by the Australian Parliament, these Regulations aim to ensure the smooth operation and integration of various Acts affected by the significant reforms under the Work Choices Act. They address gaps and errors in the referencing of penalty units in the Building and Construction Industry Improvement Act 2005, clarify the scope of the Remuneration Tribunal's authority over the Australian Fair Pay Commission, correct references within the Australian Federal Police Act 1979, and adjust the Public Service Regulations 1999 to align with the new legislative framework. These amendments are essential to uphold the integrity and enforceability of the legislation, facilitating the intended policy objectives of the Work Choices Act.
Scope and Application
The Workplace Relations Amendment (Work Choices) (Consequential Amendments) Amendment Regulations 2006 (No. 1) apply to several legislative acts, including the Building and Construction Industry Improvement Act 2005, the Remuneration Tribunal Act 1973, the Australian Federal Police Act 1979, and the Public Service Regulations 1999. These regulations amend existing provisions to address specific issues arising from the Workplace Relations Amendment (Work Choices) Act 2005. The amendments are intended to correct references and ensure consistency within the legislative framework. The regulations extend to the Commonwealth jurisdiction and do not specify any exclusions, exemptions, or thresholds for their application. The scope of the regulations is limited to the specified amendments and does not extend beyond the issues addressed in the explanatory statement. The regulations are made under the authority of the Minister for Employment and Workplace Relations and the Prime Minister, and they are a legislative instrument for the purposes of the Legislative Instruments Act 2003. The regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of the Workplace Relations Amendment (Work Choices) (Consequential Amendments) Amendment Regulations 2006 (No. 1) focus on correcting and clarifying references in various Acts to ensure consistency and accuracy in light of amendments made by the Work Choices Act. For instance, Regulation 3 of the Regulations modifies the Building and Construction Industry Improvement Act 2005 (BCII Act) to ensure that references to penalty units in the Workplace Relations Act 1996 (WR Act) are correctly updated. Specifically, it adjusts the reference from 300 penalty units to 1,000 penalty units for body corporates in relevant subsections of the WR Act. Similarly, it corrects references to Part numbers in the Australian Federal Police Act 1979 (AFP Act) and adjusts the Public Service Regulations 1999 (PS Regulations) to ensure accurate referencing of industrial instruments.
These Regulations impose certain obligations on the entities they govern. For example, they require the BCII Act to accurately reflect the updated penalty units in the WR Act. Similarly, they mandate that the Remuneration Tribunal Act 1973 recognises the Australian Fair Pay Commission’s Chair and members as public office holders, thereby allowing the Remuneration Tribunal to make relevant determinations for them. Furthermore, they necessitate the AFP Act to correctly reference parts of the WR Act, and they ensure the PS Regulations accurately refer to the relevant industrial instruments concerning remuneration and employment terms.
Failure to comply with these Regulations could lead to civil or criminal consequences, depending on the specific provisions of the relevant Acts. For instance, incorrect referencing in the BCII Act might result in fines or other penalties as stipulated in the WR Act, with the maximum penalty being 1,000 penalty units for body corporates. The Remuneration Tribunal Act 1973 could also impose fines or sanctions for non-compliance, while the AFP Act and PS Act might also have their own penalties for inaccurate references. It is important for the entities governed by these Acts to adhere strictly to the Regulations to avoid any legal repercussions.