Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1994 NO. 185

Statutory Rules 1994 No. 185

Issued by the Authority of the Minister for Industrial Relations

Industrial Relations Act 1988

Section 359 of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act. The regulations amend the Industrial Relations Regulations (the Principal Regulations) made pursuant to the Act.

The Act makes specific provision in relation to public sector employment which includes employment by companies controlled by the Commonwealth but, except in relation to section 121, does not include employment with a body declared in the Principal Regulations. Commonwealth Serum Laboratories Limited is declared in the Principal Regulations. Following the sale of CSL Limited, neither it nor its subsidiaries will be companies controlled by the Commonwealth and accordingly the reference to "Commonwealth Serum Laboratories Limited" in the Principal Regulations will no longer be required.

To this end, the regulations amend the Principal Regulations to remove Commonwealth Serum Laboratories from Schedule 3 of the Principal Regulations.

The commencement of the regulations is tied to the declaration of the sale day under section 4 of the CSL Sale Act 1993. The "sale day" is that day which the Minister for Finance, pursuant to section 4 of the CSL Sale Act 1993, declares to be, "the first day ... on which a majority of the voting shares in CSL are acquired by a person, or persons, other than the Commonwealth or a nominee of the Commonwealth." Retrospective operation of the regulations is allowed by section 48 of the CSL Sale Act 1993 and section 48 of the Acts Interpretation Act 1901.