Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1993 NO. 128

Statutory Rules 1993 No. 128

(Issued by the Authority of the Minister for Industrial Relations)

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

Section 359 of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Regulation 61 of the Industrial Relations Regulations (the Regulations) lists the information which must be given to the Industrial Registrar in relation to elections for officers in registered organisations. Paragraph 61 (1)(b) requires that an organisation disclose the reason for the election being held and a choice of two reasons are prescribed.

Regulation 2 adds a third reason, namely that the creation of a new office in the organisation would be a reason for an election.

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

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

Regulation 131H provides that if an award required superannuation contributions to be made by the employer for the benefit of the employee a record must be kept in relation to the contribution. It had been found that compliance with some provisions of regulation 131H was impossible in the case where an employer made superannuation contributions to a defined benefit fund.

Regulation 3 specifically excludes defined benefit funds from the requirements in part of regulation 131H in relation to records of the amount of superannuation contributions and the period over which and when the contributions were made.

Regulation 131N requires an employer who transfers or assigns a business to transfer employment records to the new employer. The regulation applied to the Commonwealth and overrode provisions of the Archives Act 1983.

Regulation 4 amends regulation 131N to require the Commonwealth to transfer a copy of the records to a new employer.

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

Paragraph 132B(1) provides that, if an award required superannuation contributions to be made by an employer, the name of the fund and the amount of the contribution is to be included on a payslip. It had been found that compliance with paragraph 132B(1) was impossible in the case where an employer makes superannuation contributions to a defined benefit fund.

Regulation 5 specifically excludes defined benefits funds from the requirements of paragraph 132B(1).