Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1992 No. 435

Issued by the Authority of the Minister for Industrial Relations

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

Section 353A of the Industrial Relations Act 1988 (the Act) specifically provides that the Governor-General may make regulations requiring employers to make and retain records relating to the employment of persons under an award and to issue pay slips to persons employed under an award.

Section 359 of the Act further authorises the making of regulations prescribing all matters required or permitted under the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Part 9A of the Industrial Relations Regulations (the Regulations) provides that employers make and retain an employment record for each employee containing a range of employment details.

Part 9B of the Regulations provides that employers issue pay slips, containing particulars which have been prescribed in relation to pay, to employees who are employed under an award.

Subregulation 131R(2) previously provided that an act or omission on or before 1 February 1993 was not an offence under Part 9A of the Regulations. Similarly, subregulation 132D(2) provided that an act or omission on or before 1 February 1993 was not an offence under Part 9B of the Regulations.

It has been necessary to amend these dates to a later date to allow effective compliance with Part 9A and Part 9B before the offence provisions commence.

It was also necessary to make a number of minor corrections to typing errors in Part 9A and Part 9B.

The date contained in subregulation 131R(2) and subregulation 132D(2) has been amended to 31 March 1993, in each case. Minor errors have also been corrected in subregulation 131E, paragraph 131H(a), subregulation 131M(1) and subregulation 132B(1).

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