Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1992 NO. 339

Statutory Rules 1992 No. 339

Issued by the authority of the Minister for Industrial Relations

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

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

Paragraph (f) of the definition of "public sector employment" in subsection 4(1) of the Act enables the prescription of classes of persons. A class of persons prescribed is not to be treated, other than in section 121 of the Act, as being in public sector employment.

Subregulation 4(2) of the Industrial Relations Regulations (the IR Regulations) prescribes a number of classes of persons for the purposes of that paragraph. Amongst the classes of persons so prescribed are persons employed by, or in the service of, a Commonwealth authority referred to in Schedule 3 to the IR Regulations.

These Regulations amend Schedule 3 to the IR Regulations. The amendments are necessary to insert up to date references to Commonwealth authorities intended to be referred to in the Schedule and to omit references no longer required. These changes are described below in the context of Regulation 2.

Details of the proposed Regulations are as follows.

Proposed Regulation 11 - Amendment

This is a formal provision.

Proposed Regulation 2 - Schedule 3 [Commonwealth authorities (definition of "Public Sector Employment")]

Subregulation 2.1 inserts in Schedule 3 a reference to Aerospace Technologies of Australia Pty Ltd, a corporation formed as a result of the restructuring of the Government Aircraft Factories.

Subregulation 2.2 omits from Schedule 3 the reference to AUSSAT Pty Limited, which is no longer required. That company has been privatised and no longer forms part of the public sector.

Subregulation 2.3 inserts in Schedule 3 a reference to the Australian Overseas Telecommunication Corporation, a body formed from the amalgamation of the Australian Telecommunications Corporation and the Overseas Telecommunications Corporation. Subregulations 2.4 and 2.6 consequentially omit references to the two former corporations.

Subregulation 2.5 omits an obsolete reference to the Commonwealth Banking Corporation. References to the Commonwealth Bank of Australia and Commonwealth Funds Management Limited are substituted. This reflects a change of name of the Commonwealth Bank of Australia and the conversion of the Superannuation Fund Investment Trust into Commonwealth Funds Management Limited.

The Regulations commenced on Gazettal.