Workplace relations legal advice

During 2016–17, the Department provided legal advice to our portfolio Minister, portfolio agencies and other stakeholders about the operation of the national workplace relations system, developments arising from relevant court and tribunal decisions in federal, state and territory jurisdictions, work health and safety and workers’ compensation, and public sector employment.

Primary legislation

The Department supported the development, introduction and passage through the Parliament of legislation that implements the Government’s workplace relations priorities (discussed further on pages 57–59):

In addition, the Department supported the development of the following legislative priorities of the Government.

The Fair Work Amendment (Respect for Emergency Services Volunteers) Act 2016

The Department supported the passage of the Respect for Emergency Services Volunteers Act through the Parliament in October 2016. This Act gives effect to the Government’s election commitment to amend the Fair Work Act so as to prevent enterprise agreements including terms that undermine the capacity of designated emergency management bodies to manage their volunteer operations or terms that are inconsistent with state or territory laws that regulate such bodies. It also provides that certain volunteer bodies can make submissions to the Fair Work Commission in relation to enterprise agreements or workplace determinations that affect or could affect volunteers of a designated emergency management body.

The Comcare and Seacare Legislation Amendment (Pension Age and Catastrophic Injury) Act 2017

The Department supported the passage of the Comcare and Seacare Legislation Amendment (Pension Age and Catastrophic Injury) Act through the Parliament in June 2017. The Act amends the Safety, Rehabilitation and Compensation Act 1988 and the Seafarers Rehabilitation and Compensation Act 1992 to allow incapacity payments to continue until an employee reaches ‘pension age’, rather than age 65, in order to reflect the increase in the age pension age. It also removes the cap on compensation payable for household services and attendant care services for employees with a catastrophic injury to align these Acts with minimum benchmarks in the National Injury Insurance Scheme.

The Safe Work Australia Amendment (Role and Functions) Bill 2017

The Safe Work Australia Amendment (Role and Functions) Bill was introduced into the House of Representatives on 31 May 2017. The Bill seeks to implement the recommendations of the Review of Safe Work Australia’s Role and Functions. It clarifies Safe Work Australia’s role and updates, consolidates and simplifies the body’s existing functions.

Legislative instruments

The Department developed a number of legislative instruments (including Regulations) to give effect to the Government’s workplace relations priorities. The following regulatory amendments were made during 2016–17:

The Fair Work (Registered Organisations) Regulations 2017 amend the Fair Work (Registered Organisations) Regulations 2009 to address a number of consequential matters relating to amendment of the Registered Organisations Act by the Registered Organisations Amendment Act of 2016. This includes changing references to the Fair Work Commission to references to the newly established Registered Organisations Commission and Commissioner. The Regulations commenced on 2 May 2017.
To address matters arising under the transition from the Registered Organisations Act to the Registered Organisations Amendment Act, the Fair Work (Registered Organisations) (Transitional Provisions) Rules 2017 provide for transitional recognition of existing auditors of reporting units, transitional financial year disclosure and reporting requirements, and transitional disclosure of material personal interests of officers. The Rules commenced on 2 May 2017.
The Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Amendment (Continuation of Indexation Pause) Regulations 2017 amend the Fair Entitlements Guarantee (Indexation of Maximum Weekly Wage) Regulation 2013 to extend the pause on the indexation of the maximum weekly wage a claimant is able to receive under the Fair Entitlements Guarantee Act. The indexation pause has been extended from 2018 to 2021. The Regulations were made to give effect to a decision announced in the 2015–16 Mid-Year Economic and Fiscal Outlook.
The Building Code 2016 sets out the Australian Government’s expected standards of conduct for all building industry participants that seek to be, or are, involved in Commonwealth-funded building work.
The Building and Construction Industry (Consequential and Transitional Provisions) Rules 2016 ensure that the obligations contained in the Building Code 2013 continue to apply to the particular building work to which that Code applied immediately before the repeal of the Fair Work (Building Industry) Act 2012.
The Code for the Tendering and Performance of Building Work Amendment Instrument 2017 amends the Building Code 2016 to reflect amendments to the Building and Construction Industry (Improving Productivity) Act 2016 made by the Building and Construction Industry (Improving Productivity) Amendment Act 2017 and provides additional transitional exemptions to assist building industry participants with the transition to compliance with that Code.
The Building and Construction Industry (Improving Productivity) Regulations 2017 substantially replicate Regulations relating to the examination notice process made under the former Fair Work (Building Industry) Act but with changes to terminology and other technical amendments to reflect the provisions of the Building Act.
The Fair Work Amendment (Notice of Employee Representational Rights) Regulations 2017 amend the Notice of Employee Representational Rights prescribed in Schedule 2.1 to the Fair Work Regulations 2009 and update references to the relevant regulation-making provision of the Fair Work Act.
The Safety, Rehabilitation and Compensation (Licence Eligibility—Ron Finemore Transport Services Pty Ltd) Declaration 2017 declared Ron Finemore Transport Services Pty Ltd eligible to apply to the Safety, Rehabilitation and Compensation Commission for a licence to self-insure under the Safety, Rehabilitation and Compensation Act.
The Seacare Authority Code of Practice Approval 2017 provides guidance on ways to meet occupational health and safety standards and manage commonly understood hazards and control measures for managing health and safety risks at work on vessels.
The Safety, Rehabilitation and Compensation (Rates of Interest Payable) Notice 2016 sets the rates of interest payable in respect of premium or regulatory contributions payable by entities and Commonwealth authorities under the Safety, Rehabilitation and Compensation Act.
The Work Health and Safety Amendment (Licensing of Asbestos Removalists and Other Measures) Regulation 2016 amends the Work Health and Safety Regulations 2011 to implement an asbestos removalist licensing regime in the Commonwealth jurisdiction, implement mutual recognition arrangements for reach stacker licensing at the end of a transitional period, and repeal spent transitional provisions.
The Work Health and Safety Amendment Regulation 2016 (No. 2) clarifies the extraterritorial application of the Work Health and Safety Regulations 2011.
The Fair Work and Other Legislation Amendment (South Australian Employment Court) Regulations 2017 update references to South Australian courts and tribunals following the transfer of functions from the Industrial Relations Court of South Australia and the Industrial Relations Commission of South Australia to new bodies on 1 July 2017.