Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (NO. 6) 1999 NO. 244

Statutory Rules 1999 No. 244

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

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1999 (No. 6)

Authority

Subsection 359(1) of the Workplace Relations Act 1996 (the WR Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.

Purpose

The regulations will amend the principal Regulations to prescribe certain provisions of the Australian Federal Police Act 1979 (the AFP Act) and the determinations made under those provisions in the Workplace Relations Regulations so that they will attract the operation of sections 170LZ and 170VR of the WR Act and thus facilitate the pay out of entitlements under the Australian Federal Police Adjustment Scheme (AFPAS) and allow for new or revised compensation arrangements for redundancy and dismissal negotiated as part of a new enterprise agreement between the Australian Federal Police (AFP) and its workforce.

Context

The AFP is negotiating a certified agreement with its workforce. Australian workplace agreements are also to be offered to some employees as part of that process. The AFP has negotiated, as part of the agreement, the pay out of AFPAS entitlements and new or revised compensation arrangements for redundancy and dismissal. This is consistent With the reforms in the AFP Legislation Amendment Bill 1999 and with Cabinet's decision to extinguish AFPAS and to provide sufficient funding to cover MPAS liabilities.

Both of these matters are presently provided for in determinations made under the AFP Act. As these determinations are not amenable to agreement under the WR Act, it is necessary to prescribe the relevant provisions of the AFP Act and the determinations made under those provisions in the Workplace Relations Regulations so that they will attract the operation of sections 170LZ and 170VR of the WR Act. Subsection 170U(4) allows a certified agreement to displace prescribed conditions of employment in a Commonwealth law that is prescribed by the Regulations. Subsection 170VR(4) makes similar provision but applies to Australian workplace agreements instead of certified agreements.

The relevant provisions and determinations are as follows:

AFPAS

Determination 5 made under section 30 of the AFP Act. This provides an entitlement to AFPAS for all appointees other than senior executives.

Determination 2 made under section 30 of the AFP Act. This provides an entitlement to MFPAS for senior executive appointees

Determination 1 made under sections 17 and 20 of the AFP Act. This provides an entitlement to MFPAS for the Deputy Commissioner.

Compensation/Redundancy Payments

The amount of compensation to which an appointee is entitled is presently notified in a schedule attached to the appointee's instrument of appointment. This amounts to a determination made under subsections 26E(1) and 26E(1A) of the AFP Act.

Application

Item 2 of Schedule 1 prescribes the relevant determinations for the purposes of section 170LZ of the WR Act. Item 5 of Schedule 1 prescribes the relevant determinations for the purposes of section 170VR of the WR Act.

Details of the Regulations are in the attachment.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (No. 6)

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides that the regulations commenced on gazettal.

Regulation 3

Regulation 3 is a formal provision, providing that the Workplace Relations Regulations 1996 (the Regulations) are amended as set out by Schedule 1 to the regulations

Schedule 1 - Amendments of Workplace Relations Regulations 1996

Item 1

Item 1 of Schedule 1 contains a formal provision that alters syntax to allow for the addition of new provisions contained in Item 2.

Item 2

Item 2 of Schedule 1 amends the Regulations by prescribing determinations made under the Australian Federal Police Act 1979 (the AFP Act) relating to entitlements under the Australian Federal Police Adjustment Scheme (AFPAS) and compensation arrangements for redundancy and dismissal.

Item 3

Item 3 of Schedule 1 amends the Regulations by prescribing conditions of employment provided for in the determinations prescribed under Item 2.

Item 4

Item 4 of Schedule 1 contains a formal provision that alters syntax to allow for the addition of new provisions contained in Item 5.

Item 5

Item 5 of Schedule 1 amends the Regulations by prescribing determinations made under the AFP Act relating to entitlements under AFPAS and compensation arrangements for redundancy and dismissal

Item 6

Item 6 of Schedule 1 amends the Regulations by prescribing conditions of employment provided for in the determinations prescribed under Item 5.