Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL WORKPLACE RELATIONS CONSULTATIVE COUNCIL REGULATIONS 2004 2004 NO. 92

EXPLANATORY STATEMENT

Statutory Rules 2004 No. 92

Issued by the authority of the Minister for Employment and Workplace Relations

National Workplace Relations Consultative Council Act 2002

National Workplace Relations Consultative Council Regulations 2004

Section 13 of the National Workplace Relations Consultative Council Act 2002 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient for carrying out or giving effect to the Act.

The National Workplace Relations Consultative Council (the Council) is a forum for consultation on workplace relations matters of national concern. Subsection 12(1) of the Act provides that the Council may, at any time, cause to be constituted a committee to consider, and report to the Council on, any matter relevant to the purpose of the Council referred to it by the Council. The Council is required by section 11 of the Act to meet at least twice per year. Some Council and committee members may need to travel interstate to attend meetings.

Subsections 9(1) and 12(2) of the Act state that the regulations may provide for a member of the Council, or a member of a committee, respectively, to receive travelling allowance at a rate specified or identified in the regulations.

Subsections 9(2) and 12(3) of the Act provide that the regulations may identify a rate of travelling allowance for a member of the Council, and a member of a committee, respectively, by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Formerly members were entitled under legislation to a rate of travelling allowance linked to Australian Public Service (APS) rates. With the commencement of the Workplace Relations Act 1996 and the release of the first Policy Parameters in May 1997, agencies progressively moved towards setting travelling allowance by way of agency-specific certified agreement. The former method for calculating travel allowances for Council members ceased to apply in late 2002. By then there was no longer a uniform travelling allowance rate applicable across the APS which could be used as an appropriate comparator.

The purpose of the Regulations is to provide for a member of the Council, and a member of a committee established by the Council, to receive travelling allowance for the purpose of attending Council meetings, Council committee meetings, or where otherwise engaged in legitimate Council business.

Section 10 of the Act provides that the Minister or a member of the Council may nominate a person to represent them at a meeting of the Council and that such a person has all the rights of a member.

•       The Regulations make specific provision for travelling allowance to be paid to such substitute members.

In addition, section 10A of the Act provides that the Minister may invite a person to attend a meeting of the Council and that such a person is entitled to travelling allowance as if he or she was a member.

•       Travelling allowance for such persons are provided for by the Regulations relating to members of the Council.

The Minister may also invite a person to attend a committee meeting under section 10A of the Act. A person invited to participate in a committee meeting is not entitled to travelling allowance.

The Regulations set the rate of travelling allowance for members of the Council, persons invited to attend meetings and committee members at the Tier 2 rate as specified in the Remuneration Tribunal Determination applicable to part-time holders of public office. Initially, the relevant rate is that specified in the Remuneration Tribunal Determination 2004/03: Official Travel by Office Holders. The rate, however, is adjusted from time to time to reflect relevant amendments to Determination 2004/03 and determinations which supersede Determination 2004/03. For each payment, the applicable determination is the determination that was in force at the time of travelling.

The Remuneration Tribunal Tier 2 rate is equivalent to the rate members received before the travelling allowance provisions were amended in 2002.

The Act specifies no conditions that need to be met before the power to make the proposed Regulations may be exercised.

The Regulations commence on the date of their notification in the Gazette.


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