Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1992 NO. 357

EXPLANATORY STATEMENT

Statutory Rules 1992 No. 357

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 GovernorGeneral may make regulations for the purposes of the Act.

Subsection 353A(2) of the Act allows regulations to be made requiring employers to issue pay slips to employees who are employed under federal awards,

The amending regulations insert a new Part 9B into the Industrial Relations Regulations (the Regulations) to provide that employers issue pay slips to employees who are employed under federal awards. The amending regulations also make changes to the time and wages provisions contained in Part 9A of the Regulations.

The amending regulations are necessary to the process of ensuring that award obligations, particularly superannuation contributions are paid. They are related to the time and wages provisions contained in Part 9A of the Regulations.

Details of the Regulations are attached.

The Regulations commence on gazettal.

ATTACHMENT

Regulation 1 is a formal amendment.

Regulation 2 amends regulation 131P which concerns the keeping of time and wage records. Regulation 131P provides that the Australian Industrial Relations Commission (the Commission) may certify that an award provision relating to records satisfies the relevant provisions of Part 9A of the Regulations. The regulation further provides for an extended meaning of "award" to include a relevant Commonwealth law and relevant administrative or industrial practices. This latter provision was included in recognition of the fact that Commonwealth employment is regulated by a number of other laws and practices. This rationale also applies to States and Territories. Subregulation 131P(2) is amended by adopting the extended definition of "award" contained in the subregulation in relation to States and Territories.

Regulation 3 amends subregulation 131R(2) to provide that a failure to comply with the Part will only be an offence after 1 February 1993, rather than 1 December 1992. This will enable the offence provisions of the time and wage regulations to come into effect at the same time as the counterpart offence provisions contained in the proposed pay slip regulations.

The amending regulations add a new Part 9B to the Regulations which obliges an employer to give employees who work under an award a pay slip.

Regulation 132A provides that an employer who employs an employee under an award is to issue a payslip to that employee. The regulation further provides that the failure to do so is an offence with a penalty of $1,000.

Regulation 132B provides for pay slips to contain certain pieces of information. The pay slip is to contain details including

•       the name and classification of the employee;

•       the period a payment relates to and the date of payment;

•       hourly or annual rates of remuneration as applicable;

•       the amount of the payment including any allowances;

•       the amount of any deductions; and,

•       occupational superannuation contributions and the funds into which contributions are paid.

Regulation 132C provides that the Commission may issue a certificate stating that an award complies with Part 96, where the award requirements are reasonably comparable to the pay slip requirements contained in regulation 132B. Regulation 132C further provides that the Commission may issue a certificate either on its own motion or that the request of an employer who employs an employee under the award. Regulation 132C also provides for an extended meaning of "award" to include a relevant law of the Commonwealth, the States and Territories in relation to conditions of employment and relevant administrative or industrial practices.

Regulation 132D provides for Crown Immunity and that an act or omission on or before 1 February 1993 is not an offence under the Part.


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