Creation

The Department of Employment and Workplace Relations was established on 26 November 2001, pursuant to the Administrative Arrangements Order of that date (Commonwealth of Australia Special Gazette No. S 468, 26 November 2001).

Functions and activities

At its inception the Department dealt with the following principal matters: 

Employment policy, including employment services
Job Network
Labour market programs, including the Work for the Dole scheme
Workplace relations policy development, advocacy and implementation
Promotion of flexible workplace relations policies and practices
Co-ordination of labour market research
Australian government employment workplace relations policy, including administration of the framework for agreement making and remuneration and conditions 
Occupational health and safety, rehabilitation and compensation
Equal employment opportunity
Work and family issues

Legislation administered

The Department administers the following legislation: 

Builders Labourers' Federation (Cancellation of Registration) Act 1986
Builders Labourers' Federation (Cancellation of Registration - Consequential Provisions) Act 1986
Building Industry Act 1985
Coal Industry Act 1946, Part V
Coal Mining Industry (Long Service Leave Funding) Act 1992
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992
Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992
Construction Industry Reform and Development Act 1992
Defence Act 1903, sections 58F to 58Q, 61,61A, 61B, 61C, 118A and 118B
Employment Services Act 1994
Equal Employment Opportunity (Commonwealth Authorities) Act 1987
Equal Employment Opportunity for Women in the Workplace Act 1999
International Labour Organisation (Compliance with Conventions) Act 1992
International Labour Organisation Acts
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Long Service Leave (Commonwealth Employees) Act 1976
Maternity Leave (Commonwealth Employees) Act 1973
National Labour Consultative Council Act 1977
National Occupational Health and Safety Commission Act 1985
Occupational Health and Safety (Commonwealth Employment) Act 1991
Occupational Health and Safety (Maritime Industry) Act 1993
Occupational Health and Safety (Maritime Industry) (Consequential Amendments) Act 1993
Remuneration and Allowances Act 1990
Remuneration and Allowances Alteration Act 1986
Remuneration Tribunal Act 1973
Safety, Rehabilitation and Compensation Act 1988
Seafarers Rehabilitation and Compensation Act 1992
Seafarers Rehabilitation and Compensation Levy Act 1992
Seafarers Rehabilitation and Compensation Levy Collection Act 1992
Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992
States Grants (Coal Mining Industry Long Service Leave) Act 1949
Tradesmen's Rights Regulation Act 1946
United States Naval Communication Station (Civilian Employees) Acts
Workplace Relations Act 1996, except to the extent administered by the Attorney-General
Workplace Relations and Other Legislation Amendment Act 1996

The Department has responsibility for dealing with all issues pertaining to employment and workplace relations, and has carriage of all relevant legislation. The Department inherits many of the matters dealt with and legislation administered by its predecessor. The new Department does not, however, have responsibility for dealing with the matters ‘Small business policy and implementation, including business entry point’, as this matter has been transferred to the newly created Department of Industry, Tourism and Resources (CA 8871), or the matter, ‘Notification and assessment of industrial chemicals’ as this matter has been transferred to the newly created Department of Health and Ageing (CA 8867). Further in the amendment the matter of ‘Affirmative action’ has been replaced by ‘Equal employment opportunity’ and the matter, ‘Australian government employment pay and conditions’, has been reworded, becoming, ‘Australian workplace relations policy, including administration of the framework for agreement making and remuneration and conditions’. 

In the administrative Arrangement Order of 16 Dec 2004, the Department has taken on a range of new functions and programmes from the Department of Family and Community Services (FaCS). Recent changes to the portfolio have seen the focus of the department expanded to include working to reduce welfare dependency of working-age Australians and increasing their participation in the workforce. 

Better linkages between employment services and income support payments made possible by these administrative changes will further improve employment outcomes and reduce welfare dependency for working-age Australians.

Below is a list of confirmed programmes that are transferring from the Department of Family and Community Services (FaCS)to the Department of Employment and Workplace Relations (DEWR).

• Youth Allowance for unemployed young people
• Green corps
• Job Placement, Employment and Training Program
• Payment for Voluntary work initiative
• Personal Support Program
• Mature Age Allowance
• Newstart Allowance
• Parenting Payment (partnered and single)
• Disability Open Employment Services
• Disability support pension
• Mobility Allowance
• Youth Allowance (other than students)
• Sickness Allowance (other than students)

The following pieces of legislation were removed from the responsibility of the Department:

Coal Industry Act 1946, Part V
National Labour Consultative Council Act 1977
Occupational Health and Safety (Maritime Industry) (Consequential Amendments) Act 1993
States Grants (Coal Mining Industry Long Service Leave) Act 1949 

The following legislation was added to those administered by the Department: 

Aboriginal and Torres Strait Islander Commission Act 1989, Part 4
Air Passenger Ticket Levy (Collection) Act 2001, except to the extent administered by the Minister for Transport and Regional Services
Disability Services Act 1986, insofar as it relates to open employment and related services and Part III
National Workplace Relations Consultative Council Act 2002
Safety, Rehabilitation and Compensation Act 1988, except to the extent administered by the Minister for Veterans’ Affairs Social Security Act 1991, insofar as it relates to Disability Support Pension, Mature Age Allowance, Newstart Allowance, Sickness Allowance, Mobility Allowance, Parenting Payment, Widow Allowance and Partner Allowance and any other payment, allowance or supplement insofar as that payment, allowance or supplement relates to persons receiving Disability Support Pension, Mature Age Allowance, Newstart Allowance, Sickness Allowance, Mobility Allowance, Parenting Payment, Widow Allowance or Partner Allowance; Youth Allowance and any other payment, allowance or supplement insofar as those payments relate to persons other than students
Social Security (Administration) Act 1999, insofar as it relates to Disability Support Pension, Mature Age Allowance, Newstart Allowance, Sickness Allowance, Mobility Allowance, Parenting Payment, Widow Allowance and Partner Allowance and any other payment, allowance or supplement insofar as that payment, allowance or supplement relates to persons receiving Disability Support Pension, Mature Age Allowance, Newstart Allowance, Sickness Allowance, Mobility Allowance, Parenting Payment, Widow Allowance or Partner Allowance; Youth Allowance and any other payment, allowance or supplement insofar as those payments relate to persons other than students
Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002

Administrative structure

Ministers to the Department of Employment and Workplace Relations
26 Nov 2001 - 7 Oct 2003      Hon Tony Abbott
7 Oct 2003 - 3 Dec 2007         Hon Kevin Andrews

Secretaries to the Department of Employment and Workplace Relations
26 Nov 2001 - 3 Dec 2007      Dr P J Boxall

Sources

Commonwealth of Australia Special Gazette No. S 468, 26 November 2001.

Historical agency address

148-180 City Walk, Garema Court, Canberra ACT.