Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 NO. 11

Statutory Rules 1991 No. 11

Industrial Relations Regulations (Amendment)

(Issued by the Authority of the Minister for Industrial Relations)

(Affecting Australian Federal Police)

Section 359 of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 4(1) of the Act defines "public sector employment" to include employment under a prescribed law and "employing authority" to mean the person or body prescribed as the employing authority in relation to the class of employees.'

Section 42 provides for an employing authority to be represented before the Australian Industrial Relations Commission (AIRC) by a prescribed person.

The amendments to the Industrial Relations Regulations (the Regulations) clarify the employment status of members and staff (i.e. non-uniformed) members of the Australian Federal Police employed under the Australian Federal Police Act 1979 for the purposes of the Act. Some doubt existed whether that employment was "public sector employment" for the purposes of the Act.

The amendment to regulation 4 of the Regulations prescribes the Australian Federal Police Act 1979 for the purposes of paragraph (e) of the definition of "public sector employment" in subsection 4(1) of the Act.

It was also necessary to amend regulations 3 and 7 of the Regulations to prescribe the "employing authorities" for persons employed under the Australian Federal Police Act 1979 and the persons who may represent these employing authorities before the AIRC.

The amendment to Schedule 2 of the Regulations prescribes the Minister administering the Australian Federal Police Act 1979 and the Commissioner within the meaning of that Act.

The amendment to regulation 7 of the Regulations provides for the representation of the employing authorities before the AIRC. The Minister and the Commissioner may be represented before the AIRC by an officer appointed under a specified provision of the Australian Federal lice Act 1979 or by an officer of the Australian Public Service.