Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 121

Statutory Rules 2000 No. 121

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2000 (No. 1)

Section 359 of the Workplace Relations Act 1996 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Act.

Subsection 170VG(I) of the Act provides that an employer must ensure that an Australian Workplace Agreement (AWA) includes the provisions relating to discrimination that are prescribed by the Workplace Relations Regulations 1996 (the Regulations). If the AWA does not include those provisions, subsection 170VG(1) provides that the AWA is to be taken to include the prescribed provisions.

Schedule 8 to the Regulations contains the prescribed provisions for the purposes of subsection 170VG(I) of the Act. Paragraph (c) of Schedule 8 provides that "nothing in these provisions allows any treatment that would otherwise be prohibited by anti-discrimination provisions in applicable Commonwealth, State or Territory legislation". Paragraph (d) of Schedule 8 formerly exempted junior rates of pay in AWAs from the operation of anti-age discrimination laws, if the AWA was approved before 23 June 2000.

The purpose of the Regulations is to permanently exempt junior rates of pay in AWAs from the operation of anti-age discrimination legislation, by removing the former temporary exemption until 23 June 2000. Further, the Regulations also introduce a new provision to permanently exempt certain types of trainee rates of pay in AWAs from the operation of anti-age discrimination legislation.

The Regulations make changes to the prescribed AWA provisions that mirror amendments made to the Act last year. Formerly, the Act exempted junior rates of pay set through awards and certified agreements from anti-age discrimination legislation until 22 June 2000. However, on 20 October 1999, the Workplace Relations Legislation Amendment (Youth Employment) Act 1999 commenced, repealing this temporary exemption in relation to junior rates of pay and permanently exempting junior rates of pay in awards and certified agreements from the operation of anti-age discrimination laws, and introducing a new exemption for certain types of trainee rates of pay in awards and agreements.

Permanent exemption of junior rates of pay and trainee rates of pay from the operation of anti-age discrimination laws is part of the Government's strategy to protect the competitive position of young people in the labour market, promote youth employment and assist in reducing youth unemployment.

Details of the Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2000 (No.

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides for the commencement of the regulations on gazettal.

Regulation 3

Regulation 3 is a formal provision, stating that the Workplace Relations Regulations 1996 are amended as provided for in Schedule 1.

Schedule 1 - Amendment

Item 1

Item 1 substitutes a new subparagraph (d)(i) into Schedule 8 to permanently exempt junior rates of pay in Australian Workplace Agreements from the operation of anti-discrimination laws. Item 1 also inserts a new subparagraph (d)(iia) into Schedule 8 to exempt certain types of trainee rates of pay in Australian Workplace Agreements from the operation of anti-discrimination laws.