Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (ALLOWANCES) REGULATIONS 2001 2001 NO. 140

Statutory Rules 2001 No. 140

Issued by the authority of the Minister for Employment, Workplace Relations and Small Business

Workplace Relations Act 1996

Australian Industrial Relations Commission (Allowances) Regulations 2001

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 9 of the Act provides that the members of the Australian Industrial Relations. Commission (AIRC) are the President, Presidential Members (Vice Presidents, Senior Deputy Presidents and Deputy Presidents) and Commissioners.

Section 21 and paragraph 23(1)(b) of the Act provide respectively for the payment to Presidential Members and Commissioners of the AIRC such allowances as are prescribed.

The Regulations streamline the travel allowance regime for AIRC members by aligning rates of travel allowance and motor vehicle allowance with those of other comparable statutory office holders as set out in the relevant Remuneration Tribunal Determination, as well as simplify both the scheme and the means of amending it to flow on any future increases in rates.

The Regulations therefore repeal the existing regulations prescribing travel allowances for AIRC members (the Industrial Relations (Allowances) Regulations 1996 - Statutory Rules 1996 No. 33) and replace them with new regulations prescribing the rates of travel allowance and motor vehicle allowance set out in Determination 2000/06 of the Remuneration Tribunal as in force when the Regulations commence.

The previous Regulations did not include provision for class of travel or for the use of a private motor vehicle by an AIRC member arising from the member's duties.

The new Regulations provide an overall increase in the amount of travel allowance for AIRC members, ie, the President, the Presidential Members (Vice Presidents, Senior Deputy Presidents and Deputy Presidents) and Commissioners. They also inter alia extend to AIRC members the provisions for class of travel and motor vehicle allowance as set out in Determination 2000/06.

The Regulations prescribe the Tier 1 rate of travel allowance for the President and Presidential Members as provided in Determination 2000/06, including provision for travel at the highest available class.

The Regulations prescribe- the Tier 2 rate of travel allowance for Commissioners as provided in Determination 2000/06, including provision for Business Class travel.

The Regulations also provide for payment of a motor vehicle allowance to an AIRC member at the rate specified in Part 3 of Determination 2000/06 for use of a private motor vehicle in travel undertaken because of the member's duties.

Details of the Regulations are in the attachment.

The Regulations commence on gazettal.

ATTACHMENT

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (ALLOWANCES) REGULATIONS 2001

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides for the commencement of the regulations on gazettal.

Regulation 3

Regulation 3 repeals the existing regulations providing for travel allowances for members of the Australian Industrial Relations Commission (the Commission), namely, the Industrial Relations (Allowances) Regulations 1996 - Statutory Rules 1996 No. 33.

Regulation 4

Regulation 4 sets out the definitions used in the regulations.

Regulation 5

Regulation 5 provides an entitlement to a motor vehicle allowance and Tier 1 travel allowance for the President of the Commission as set out in Determination 2000106 of the Remuneration Tribunal (the Determination) as in force when the regulations commence.

Regulation 6

Regulation 6 provides an entitlement to a motor vehicle allowance and Tier 1 travel allowance for a Vice President of the Commission as set out in the Determination.

Regulation 7

Regulation 7 provides an entitlement to a motor vehicle allowance and Tier 1 travel allowance for a Senior Deputy President of the Commission as set out in the Determination.

Regulation 8

Regulation 8 provides an entitlement to a motor vehicle allowance and Tier 1 travel allowance for a Deputy President of the Commission as set out in the Determination.

Regulation 9

Regulation 9 provides an entitlement to a motor vehicle allowance and Tier 2 travel allowance for a Commissioner as set out in the Determination.

Regulation 10

Regulation 10 provides that a motor vehicle allowance is payable at the rate specified in Part 3 of the Determination to a member of the Commission for use of a private motor vehicle in travel undertaken because of the member's duties.