Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1995 NO. 376

Statutory Rules 1995 No. 376

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 5(3)(d) of the Act provides that matters pertaining to the relationship between employers and employees in public sector employment are industrial issues for the purposes of the Act.

Subsection 4(1) of the Act defines "public sector employment" to include employment or service under a prescribed law.

Subsection 121 (1) of the Act, as far as it is relevant, provides that in relation to an industrial dispute involving public sector employment the Australian Industrial Relations Commission (the Commission) may make an award, or order that is not consistent with a relevant law of the Commonwealth.

Subsection 121(2) of the Act defines "relevant law" to include a law of the Commonwealth, relating to employment matters in public sector employment.

Although the Office of the Official Secretary to the Governor-General (OOSGG) is effectively a public sector agency, employment with OOSGG does not come within the definition of public sector employment in the Act. Consequently this means that OOSGG cannot take advantage of the flexibility provided by the current enterprise bargaining provisions of the Act.

OOSGG employees are employed under section 13 of the Governor-General Act 1974 (the GG Act).

Section 14 of the G-G Act provides that the terms and conditions of employment of a person employed by the Official Secretary under section 13 are the same as the terms and conditions applicable in relation to an officer performing the duties of an office in the Australian Public Service, except where the Official Secretary (with approval of the Public Service Board) determines otherwise.

This Regulation will enable the OOSGG to negotiate an award or an agreement (such as a certified agreement or an enterprise flexibility agreement) in line with other public sector agencies. This proposed Regulation is put forward in consultation with the Official Secretary to the Governor-General.

Accordingly, it was considered appropriate to bring OOSGG within the definition of public sector employment under the Act. This will facilitate the making of awards and agreements under that Act.

Regulation 2 amends subregulation 4(1) of the Regulations by inserting Governor-General Act 1974.

The Regulations commenced on gazettal.