Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 2001 (NO. 1) 2001 NO. 225

Statutory Rules 2001 No. 225

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

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 2001 (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.

The purpose of the Regulations is to prescribe Centrelink in the Workplace Relations Regulations 1996 as the body to receive notices of proposed terminations of employment under subsection 170CL(2) of the Act, and, in addition, to prescribe the form of notice to be given.

Section 170CL of the Act applies in the case where an employer proposes to terminate the employment of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons.

Prior to its amendment by the Workplace Relations Amendment (Termination of Employment) Act 2001 (which takes effect on 30 August 2001), subsection 170CL(2) of the Act required employers to give written notification of proposed terminations to the Commonwealth Employment Service (CES).

Since the CES ceased operation, Centrelink has received the notices pursuant to a service arrangement between the Chief Executive Officer of Centrelink and the Secretary of the Department of Employment, Workplace Relations and Small Business.

However, the continued reference to the CES in subsection 170CL(2) has caused confusion for employers seeking to comply with their obligations.

Accordingly, subsection 170CL(2) of the Act was amended by Schedule 1 to the Workplace Relations Amendment (Termination of Employment) Act 2001 on 30 August 2001, to provide that the employer must provide notification in the prescribed form to a body prescribed by the Regulations, or, failing prescription of such a body, to the Secretary of the Department administering the Act.

The Regulations prescribe Centrelink for the purposes of subsection 170CL(2) of the Act, and the form of notice to be given.

Details of the Regulations are attached.

The Regulations commence on 30 August 2001.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2001 (No. 1)

Regulation 1

Regulation 1 sets out the name of the Regulations.

Regulation 2

Regulation 2 provides for the commencement of the Regulations on 30 August 2001.

Regulation 3

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

Schedule 1 - Amendments

Item 1

Item 1 inserts Regulation 30CE into the Workplace Relations Regulations 1996. Regulation 30CE prescribes Centrelink as the body that employers are required to notify under subsection 170CL(2) of the Workplace Relations Act 1996, when proposing to terminate the employment of 15 or more employees for reasons of an economic, technological, structural or similar nature, or for reasons including such reasons. Regulation 30CE also refers employers to Form 14: of the Regulations, which is the form in which the notification is to be provided to Centrelink.

Item 2

Item 2 inserts Form 14 into Schedule 1 to the Workplace Relations Regulations 1996. This is the form which employers complete when providing details to Centrelink of proposed terminations of employment under subsection 170CL(2) of the Act.