Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]

LONG SERVICE LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1993 NO. 59

Statutory Rules 1993 No. 59

Issued by the Authority of the Minister for Industrial Relations

Long Service Leave (Commonwealth Employees) Act 1976

Long Service Leave (Commonwealth Employees) Regulations (Amendment)

Section 26 of the Long Service Leave (Commonwealth Employees) Act 1976 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. The attached statutory rules amend the Long Service Leave (Commonwealth Employees) Regulations (the Regulations) made pursuant to the Act.

Part 5 of the Qantas Sale Act 1992 directly amends the Regulations to remove Australian Airlines from the scope of the Act on the 50% sale day. This is consistent with the approach taken in relation to Commonwealth legislation dealing with employee terms and conditions of service where the airline will no longer be treated as a Commonwealth authority with effect from the 50% sale day.

Pursuant to subsection 7(2) of the Act, the Regulations also provide for periods of service with Qantas and Air Queensland Pty Ltd (a subsidiary of Australian Airlines) to count toward long service leave under the Act, notwithstanding that neither company is covered by the Act.

The amendment to the Regulations would ensure that service with either company is only counted until the 50% sale day for the purposes of the Act. A similar provision is to be inserted for Australian Airlines once it ceases to be covered by the Act. This accords with the Government's intention to ensure that, post-sale, former employees of both Qantas and Australian Airlines do not lose the benefits they accrued while still engaged in Commonwealth employment.

It is intended that this amendment commence with effect from the sale of 50% of Qantas expected to occur at the time of the public share offer of Qantas in 1993.

To this end, these Regulations amend Schedule 2 of the Regulations to insert the cut-off date for service with the airlines to be counted towards long service leave credits for the purposes of the Act. The Regulations also omit an obsolete reference to Qantas Empire Airways Limited (the former name of Qantas Airways Limited).

The commencement of these Regulations is tied to Part 4 of the Schedule to the Qantas Sale Act 1992 which will commence on or after the sale of 50% of the Commonwealth's equity interest in Qantas.