EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 167

 

Issued by the authority of the Minister for Employment Participation

 

Maternity Leave (Commonwealth Employees) Act 1973

 

Maternity Leave (Commonwealth Employees) Amendment Regulations 2009 (No. 1)

 

The Maternity Leave (Commonwealth Employees) Act 1973 (the Act) makes provision for maternity leave in respect of employees of the Commonwealth. The Maternity Leave (Commonwealth Employees) Regulations 1982 (the Principal Regulations) currently prescribe that the Act applies to Commissioners of the Australian Industrial Relations Commission (AIRC).

 

The Fair Work Act 2009, which received the Royal Assent on 7 April 2009, establishes Fair Work Australia (FWA), which will replace the AIRC.

 

The Regulations amend the Principal Regulations to prescribe that the Act also applies to FWA Members.

 

Details of the Regulations are included in the Attachment.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 1 July 2009 to coincide with the expected appointment of FWA Members.

 

 

MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) AMENDMENT REGULATIONS 2009 (No. 1)

Regulation 1 – Name of Regulations

1.                  This regulation provides that the Regulations are to be known as the Maternity Leave (Commonwealth Employees) Amendment Regulations 2009 (No. 1).

Regulation 2 – Commencement

2.                  This regulation provides that the Regulations are to commence on 1 July 2009.

Regulation 3 – Amendment of the Maternity Leave (Commonwealth Employees) Regulations 1982

3.                  This regulation provides that the Maternity Leave (Commonwealth Employees) Regulations 1982 (the Principal Regulations) are to be amended in accordance with Schedule 1.

Schedule 1 – Amendments

Item [1] – Schedule 3, heading

4.                  This item amends the heading of Schedule 3 of the Principal Regulations to correct an incorrect cross reference.

Item [2] – Schedule 3, after item 19

5.                  This item amends Schedule 3 of the Principal Regulations to ensure that Fair Work Australia Members (FWA Members) are included in the list of prescribed persons for the purposes of the Maternity Leave (Commonwealth Employees) Act 1973.

6.                  This item ensures that the Maternity Leave (Commonwealth Employees) Act 1973 applies to FWA Members.