Commonwealth Numbered Regulations - Explanatory Statements

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FAIR WORK AMENDMENT REGULATIONS 2011 (NO. 2) (SLI NO 91 OF 2011)

EXPLANATORY STATEMENT

Select Legislative Instrument 2011 No. 91

Issued by the authority of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations

Fair Work Act 2009

Fair Work Amendment Regulations 2011 (No. 2)

Section 796 of the Fair Work Act 2009 (the Act) provides, in part, that the Governor-General may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Act, together with the Fair Work Regulations 2009 (the Principal Regulations), establishes a statutory framework to govern federal workplace relations.

The Regulations prescribe the Director-General of the Australian Agency for International Development (AusAID) as employing authority for Australian Civilian Corps (ACC) employees.

The Australian Civilian Corps Act 2011 (ACC Act) passed through Parliament on 22 March 2011 and creates a legal framework for the management of ACC personnel and provides for employment arrangements for these personnel. The purpose of the ACC is to enable the rapid deployment of civilian specialists into countries experiencing or emerging from conflict or disaster.

The ACC Act provides that the Director-General of AusAID, on behalf of the Commonwealth, will have all the rights, duties and powers of an employer in respect of an ACC employee. The Director-General will also have the power to engage persons as ACC employees and determine the remuneration and other employment terms and conditions of ACC employees.

Section 795 of the Act states that the employer of a public sector employee must act only through the employee's employing authority acting on behalf of the employer. Subsection 795(4) then provides. in part, that 'Public sector employment' means employment of, or service by, a person in any capacity under a law prescribed by the regulations.

Subregulation 6.08(1) of the Principal Regulations prescribes a number Acts for the purposes of subsection 795(4). The amending regulations would add the Australian Civilian Corps Act 2011 to the current list of Acts in subregulation 6.08(1), so that ACC personnel are prescribed as being in public service employment.

Schedule 6.3 to the Principal Regulations also sets out the prescribed employees and corresponding employing authorities.

The Regulations amend Schedule 6.3 to prescribe the Director-General of AusAID or an employee authorised by the Director-General of AusAID, as employing authority for a person engaged as an employee under subsection 19(1) of the ACC Act.

The Act does not impose any conditions that need to be satisfied before the power to make the Regulations may be exercised.

The amendment has been requested by the Department of Foreign Affairs and Trade. In accordance with the requirements of the Multilateral Inter-Governmental Agreement for a National Workplace Relations System for the Private Sector relevant State and Territory bodies have been consulted in relation to the amendment.

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

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required.      

The Regulations commence the day after registration on the Federal Register of Legislative Instruments.

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