Commonwealth Numbered Regulations - Explanatory Statements

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MATERNITY LEAVE (COMMONWEALTH EMPLOYEES) REGULATIONS (AMENDMENT) 1992 NO.57

Statutory Rule 1992 No. 57

Issued by the Authority of the Minister for Industrial Relations

Maternity Leave (Commonwealth Employees) Act 1973

Maternity Leave (Commonwealth Employees) Regulations (Amendment)

Section 15 of the Maternity Leave (Commonwealth Employees) Act 1973 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Subsection 3(1) of the Act defines "prescribed authority". Under section 5 of the Act employees of a prescribed authority may be brought by regulation within the maternity leave arrangements provided under the Act.

Paragraph 5(1)(b) of the Act applies the Act to prescribed persons employed by the Commonwealth.

The definition of "prescribed authority" includes:

(c)       a company that:

(i)       is incorporated under a law of the Commonwealth or a law in force in a State or Territory;

(ii)       is a trading corporation, or a financial corporation, within the meaning of paragraph of 51(20) of the Constitution; and

(iii)       is declared by the regulations to be a body corporate in relation to which the Act applies.

Subregulation 4(c) of the Maternity Leave (Commonwealth Employees) Regulations (the Regulations) provides that for the purposes of paragraph (c) of the definition of "prescribed authority", an authority that is specified in column 2 of Schedule 2A in an item in that Schedule is a body corporate.

Regulation 6 of the Regulations provides that, for the purposes of paragraph 5(1)(b) of the Act:

(a)       a person who is a member or employee of a body corporate, unincorporated body or company referred to in regulation 4; or

(b)       is a person specified in Schedule 3,

is a prescribed person, for the purposes of the Act.

ANL Limited was incorporated in July 1988 under the Companies Act 1981, and assumed the activities of the former Australian Shipping Commission (the ASC). The Government has given a commitment to ensuring that employees of Government Business Enterprises (GBE's). would be covered by the Act unless excepted by agreement of the parties. This policy has been reinforced by Cabinet Minute (No 13072) of 1 August 1989.

ANL Limited is now a prescribed company for the purposes of the Act. The prescription is contained in Schedule. 2A to the Regulations. However, the majority of ANL Limited employees are covered by industrial awards by which the major union covering ANL employees, the Australian Shipping and Travel Officers Association (the ASTOA), is respondent. The union has accepted that new employees of ANL Limited should be covered by these industrial awards. For this reason the intention is that maternity leave cover given by the Act should only be in respect of that ANL Limited employment which is not covered by an industrial award by which the ASTOA is bound. It has been necessary to amend the Regulations to give effect to this intention.

Former employees of the ASC who were transferred to the ANL Limited are also prescribed persons for the purposes of the Act. The provision is no longer required as coverage of all ANL Limited employees is given by the prescription of the company under the Act in Schedule 2A of the Regulations or by industrial award.

Accordingly, the Maternity Leave (Commonwealth Employees) Regulations have been amended to exclude from coverage of the Act those persons employed by ANL Limited in employment which is subject to an industrial award by which ASTOA is bound.

Schedule 3 to the Regulations has also been amended by omission of the entry in respect of persons who were former employees of the ASC as the Act or an industrial award covers such persons.

Regulation 6 has also been redrafted to clarity the provisions of the regulation. The amendment which has been made does not alter the substantive provisions of the existing regulation.