❓ Hon Nick Goiran questions the rationale and consultation process behind the Minimum Conditions of Employment Regulations 2022, which the government states are consequential to the Industrial Relations Legislation Amendment Act 2021 and subject to prior extensive consultation.
AnsweredQoN 836Legislative Council
QuestionView source ↗
I refer to the Minimum Conditions of Employment Regulations 2022 , and I ask: (a) what
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
was the catalyst for bringing about these amendments to the regulations; (b) who
was consulted prior to these amendment regulations being finalised; (c) did
any person consulted raise any concerns; (d) if
yes to (c), what were these concerns; (e) have
the finalised amendment regulations addressed these concerns; and (f) if
no to (e), why not?
AnswerView source ↗
Answered
20 September 2022
Responded by
Parliamentary Secretary representing the Minister for Industrial Relations
Response time
8 days
(a) The Industrial Relations Legislation Amendment Act 2021 amended the Minimum Conditions of Employment Act 1993 to remove the exclusions to the definition of “employee”, delete the employment record keeping obligations (with all employers required to comply with the record keeping obligations in the Industrial Relations Act 1979 ) and introduce provisions relating to reasonable deductions for the benefit of an employer. The Minimum Conditions of Employment Regulations 2022 are consequential to these amendments.
(b) There was extensive consultation on the Industrial Relations Legislation Amendment Act 2021 with a wide variety of stakeholders, including on the matters dealt with by the Minimum Conditions of Employment Regulations 2022 . As such, no further consultation occurred given stakeholders had already been consulted on the subject matter of the Regulations.
(c) Not applicable
(d) Not applicable
(e) Not applicable
(f) Not applicable
(b) There was extensive consultation on the Industrial Relations Legislation Amendment Act 2021 with a wide variety of stakeholders, including on the matters dealt with by the Minimum Conditions of Employment Regulations 2022 . As such, no further consultation occurred given stakeholders had already been consulted on the subject matter of the Regulations.
(c) Not applicable
(d) Not applicable
(e) Not applicable
(f) Not applicable
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