Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (NO. 8) 1999 NO. 336

Statutory Rules 1999 No. 336

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

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1999 (No. 8)

Authority

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

Purpose

The purpose of the regulations is to amend Schedule 2 (which prescribes who is an "employing authority" for various classes of employees) and Regulation 7 (which prescribes persons authorised to represent certain employing authorities in the AIRC and in the Federal Court) of the Workplace Relations Regulations 1996 (the Regulations). The new provisions ensure that employing authorities and prescribed persons as prescribed in the Regulations correspond with current Australian Capital Territory Public Service arrangements. Further, Regulation 22 is amended to insert the correct title of "the ACT & Region Chamber of Commerce and Industry" in subparagraph 22(1)(b)(i).

Context

Section 4 of the WR Act defines "employing authority" in relation to a class of employees, as the person or body so prescribed in relation to that class of employees. Section 352 of the Act stipulates that the employer of an employee engaged in public sector employment shall act only by an employing authority.

Sections 42(5) and 469(4) of the WR Act provide that an "employing authority" may be represented by a "prescribed person" in proceedings in the AIRC and the Federal Court respectively. "Employing authority", in relation to a class of employees, is defined by section 4 to be the person or body so prescribed in relation to that class. Schedule 2 (with Regulation 3) of the Regulations sets out who is the employing authority in relation to 4 categories of ACT public sector employees (items 15 -18 of the Schedule). Regulation 7 prescribes persons who may represent an "employing authority" in proceedings before the AIRC and the Federal Court (relevantly, paragraphs (i) to (m) of the Regulation).

With the establishment of a separate ACT public service in 1994 the former "transitional staff' which existed under the ACT Self-Government (Consequential Provisions) Act 1988 (Cth) were transformed into the ACT Public Service under the Public Sector Management Act 1994 (Cth). Categories of staff set out in Schedule 2 and their employing authorities do not correspond to the current ACT Public Service arrangements. The amendments bring up to date the references to "employing authority" (Schedule 2) and "prescribed person" (Regulation 7).

The Workplace Relations Amendment Regulations 1999 (No 1), Statutory Rule No 42 of 1999 substituted "the ACT & Region Chamber of Commerce and Industry Limited" in subparagraph 22(1)(b)(i) of the Regulations, as an organisation which must be notified of certain applications for variation of common rules. The word "Limited" was included in error, and the amendment to subparagraph 22(1)(b)(i) corrects the reference.

Details of the Regulations are in the Attachment.

The Regulations commenced on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (No. 8)

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3

Regulation 3 provides that Schedule 1 of the Regulations amends the Workplace Relations Regulations 1996 (the principal Regulations).

Schedule 1

Item 1

Item 1 of the Schedule amends the Regulations by substituting new paragraphs (i) (j) (k) (1) and (m) in Regulation 7. These new paragraphs identify "prescribed persons" in relation to certain employing authorities in ACT public sector employment, for the purposes of subsections 42(5) and 469(4) of the Workplace Relations Act 1996.

Item 2

Item 2 of the Schedule amends the Regulations by substituting a new subparagraph 22(1)(b)(i), to correct the reference to "the ACT & Region Chamber of Commerce and Industry".

Item 3

Item 3 of the Schedule amends Schedule 2 of the Principal Regulations by deleting existing items 15 to 18, and substituting new items 15 to 19, which identify the "employing authority" in relation to certain categories of ACT public sector employees.