Statutory Rules 1991 No.3081
Training Guarantee (Wool Industry)
Regulations
I, THE GOVERNOR-GENERAL of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, hereby make the following Regulations under the Training Guarantee
(Administration) Act 1990.
Dated 9
October 1991.
BILL HAYDEN
Governor-General
By His Excellency's Command,
JOHN DAWKINS
Minister of State for Employment, Education and Training
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Citation
1. These
Regulations may be cited as the Training Guarantee (Wool Industry) Regulations.
Commencement
2. These
Regulations are taken to have commenced on 1 July
Interpretation
3. (1)
In these Regulations, unless the contrary intention
appears:
"Act" means the Training Guarantee (Administration) Act 1990;
"AWC" means the Australian Wool Corporation;
"change in circumstances" means:
(a) a
change in the management of the scheme;
(b) a
change in the likely level of expenditure estimated in relation to any of the
factors mentioned in regulation 4;
(c) a
change in the categories of persons to be covered by the AWC scheme;
"contractor factor" has the meaning given in regulation 4;
"cook" means a person whose duties comprise the preparation and
cooking of meals and light refreshments for shearers, shed hands, wool classers
and wool pressers;
"employer" in relation to wool industry workers includes a shearing
contractor;
"employer factor" has the meaning given in regulation 4;
"levy factor" has the meaning given in regulation 4;
"payroll factor" has the meaning given in regulation 4;
"RATLS" means recognised alternative training levy scheme;
"RATLS status" means RATLS status granted under regulation 9;
"registered company
auditor" has the same meaning as in the
Corporations Law;
"relevant date", in relation to an application under regulation 7, means:
(a) in
relation to the years commencing 1 July 1990 and 1 July 1991—30 November 1991;
and
(b) in
relation to later years—30 September of the year to which the application
relates;
"scheme decisions" has the same meaning as in section 4a of the Act;
"shearer" means a person who works in a shearing shed and whose duties
comprise:
(a) selecting
of shearing combs to suit the type of sheep to be shorn; and
(b) loading
the appropriate comb and cutter to the handpiece; and
(c) moving
the sheep from the catching pen to the shearing stand; and
(d) shearing
sheep by removing all the belly wool and then separately removing the remaining
fleece in one piece; and
(e) crutching
sheep by removing as directed:
(i) eye
wigs; and
(ii) pizzle
wool; and
(iii) crutch
wool; and
(iv) wool
from around the tail; and
(f) treating
severe cuts to sheep; and
(g) turning
shorn sheep out into the count-out pens;
"shed hand" means a person who works in a shearing shed and whose
duties comprise:
(a) picking
up and carrying shorn fleeces to the wool skirting table; and
(b) spreading
the fleece evenly on the table; and
(c) removing
from the fleece inferior wool, stains and other imperfections; and
(d) woolrolling;
and
(e) sweeping
the floor after shearers finish shearing each sheep; and
(f) preparing
lower lines of wool; and
(g) ensuring
that contaminants are removed from the fleece and woolhandling area;
"wool classer" means a person who works in a shearing shed and whose
duties comprise:
(a) classing
wool; and
(b) advising
wool growers on matters relating to the wool clip and its preparation for sale;
and
(c) writing
reports on how the wool clip has been prepared for marketing; and
(d) instructing
and supervising all shearing shed staff in:
(i) picking
up; and
(ii) throwing;
and
(iii) skirting;
and
(iv) woolrolling;
and
(v) preparation
of lower lines of wool; and
(e) instructing
wool pressers and supervising the pressing, branding, weighing and recording of
bale details; and
(f) maintaining
quality control over all aspects of the wool handling operation; and
(g) ensuring
that the woolhandling area is free of contamination;
"wool presser" means a person who works in a shearing shed and whose
duties, under the direction of a wool classer, comprise:
(a) pressing
shorn and crutched wool; and
(b) fastening,
weighing, branding, stacking wool and recording bale details; and
(c) removing
contaminants from wool packs and the wool pressing area;
"wool industry workers" means cooks, shearers, shed hands, wool classers and wool
pressers.
(2) In these Regulations, a reference to the AWC scheme is a
reference to the scheme managed by the AWC that provides for the expenditure of
the amounts stated for the levy factor, employer factor and contractor factor
for the training of wool industry workers by the AWC and employers of wool
industry workers.
Wool industry training rate
4. In
these Regulations, a reference to the wool industry training rate, in relation
to a year, is a reference to the percentage rate derived from the following
formula:
where:
"Contractor factor" is the AWC estimate of the total training expenditure for
the year by shearing contractors on salary or wages for trainers and trainees
for on-the-job training for wool industry workers;
"Employer factor" is the AWC estimate of the total training expenditure for
the year by employers as salary or wages to persons while undertaking courses
for wool industry workers run by the AWC;
"Levy factor" is the total expenditure for the year for training wool
industry workers by the AWC;
"Payroll factor" is the AWC estimate of the total amount paid for the year by
employers and shearing contractors as salary or wages to wool industry workers.
Who may make decisions?
5. The
Minister may make scheme decisions and revoke scheme decisions.
Delegation by Minister
6. The
Minister may, in writing, delegate his or her powers under regulation 5 to the
person holding or performing the duties of one of the following Senior
Executive Service offices in the Department:
(a) First
Assistant Secretary, Vocational Education and Training Division;
(b) Principal
Adviser, Vocational Education and Training Division;
(c) Assistant
Secretary, Training Guarantee Unit.
Application for grant of RATLS
status to AWC scheme
7.(1) The AWC may apply for RATLS status for the AWC scheme for
each year.
(2) The application must:
(a) be
in writing; and
(b) have
attached the reports and certificates mentioned in subregulation 8 (1) or (2),
as the case may be; and
(c) be
lodged not later than the relevant date by sending it by certified mail to:
The Secretary
Department of Employment, Education and Training
GPO Box 9880
CANBERRA ACT 2601.
(3)
The Minister may extend the time within which the reports and certificates
mentioned in paragraph (2) (c) must be provided if the Minister considers that
it is reasonable in the circumstances to do so.
Information to be provided by AWC
8.
(1) If an application for RATLS status relates to the year commencing on 1 July
1990, the following reports and certificates are to be provided:
(a) estimates
for the year for the employer factor and the payroll factor as a consolidated
report for each factor;
(b) the
total expenditure for the year for the levy factor;
(c) an
audit certificate, signed by a registered company auditor, certifying that the
estimates referred to in paragraph (a) and the expenditure referred to in
paragraph (b) are reasonable having regard to the relevant data;
(d) an
estimate for the year for the contractor factor.
(2) If
an application for RATLS status relates to the year commencing on 1 July 1991
or a later year, the following reports and certificates are to be provided:
(a) estimates
for the preceding year for the employer factor and the payroll factor as a
consolidated report for each factor;
(b) the
total expenditure for the preceding year for the levy factor;
(c) an
audit certificate, signed by a registered company auditor, certifying that the
estimates referred to in paragraph (a) are reasonable having regard to the
relevant data;
(d) an
estimate for the preceding year for the contractor factor.
(3) If
the Minister is not satisfied that the estimate provided in a report referred
to in paragraph (1) (d) or (2) (d) is reasonable, the Minister may ask in
writing for:
(a) a
statement from the bodies representing the shearing contractors certifying that
the estimate is reasonable; or
(b) an
audit certificate, signed by a registered company auditor, certifying that the
estimate is reasonable having regard to the relevant data.
Grant of RATLS status
9. (1) The
Minister may grant or refuse to grant RATLS status for the AWC scheme for:
(a) the
year commencing 1 July 1990; and
(b) each
later year.
(2) The
Minister must not grant RATLS status for the AWC scheme if the minimum training
rate is more than the wool industry training rate.
(3) An
approval may be granted for 1 year only.
(4) In
spite of subregulation (2), the Minister may grant RATLS status in respect of
the AWC scheme if, because of special circumstances, it is reasonable to
recognise the coverage of wool industry workers by the AWC scheme.
(5) The
Minister must notify the AWC in writing of the decision as soon as practicable
after the decision is made.
Time frame for decisions
10.(1)
Subject to subregulation (2), the
Minister must decide to grant or refuse to grant RATLS status to the AWC scheme
within 30 days after the application is lodged.
(2) If, under subregulation 7 (3), the Minister extends the
time within which reports and certificates must be provided, the decision to
grant or refuse to grant RATLS status must be made within 30 days after the
reports and certificates have been lodged.
Effect of grant of RATLS status
11. If
RATLS status is granted to the AWC scheme, a wool industry worker is taken to
be covered by the AWC scheme for the part of the year that the person is
employed as a wool industry worker.
Change in circumstances
12. The
AWC must notify the Minister if there is any change in circumstances that may
affect the decision to grant RATLS status in respect of the AWC scheme within
30 days of the change.
AWC may be asked why RATLS status
should continue
13. (1)
After receiving a notice under
regulation 12, the Minister may request the AWC to show cause why the AWC
scheme should continue to have RATLS status.
(2) A
request must be in writing.
(3) The
AWC must reply to a request not later than 30 days after the date of the request.
Revocation of decision to grant
RATLS status
14. (1)
The Minister may revoke a decision
to grant the AWC scheme RATLS status if:
(a) the
Minister makes a request under regulation 13 (whether or not the AWC replies to
the request); and
(b) the
Minister decides that the AWC scheme should not continue to have RATLS status;
(2) A
revocation must be made not later than:
(a) 30
days after the receipt of a reply to a request under regulation 13; or
(b) if
no reply is received—35 days after the expiry of the time mentioned in
subregulation 13 (3).
(3) A
revocation may be expressed to have effect:
(a) immediately;
or
(b) from
a later date specified in the revocation.
(4) The
AWC must be notified in writing of the revocation as soon as practicable.
Review of decisions
15.(1) Application may be made to the Administrative Appeals
Tribunal for the review of a decision:
(a) to
ask for a statement or an audit certificate under subregulation 8 (3); or
(b) to
refuse to grant RATLS status under subregulation 9 (1); or
(c) to
revoke a decision to grant RATLS status under subregulation 14 (1).
(2) A
request under subregulation 8 (3) or a notice given under regulation 9 or 14 in
relation to the decision must include a statement to the effect that:
(a) subject
to the Administrative Appeals Tribunal Act 1975,an application
may be made to the Administrative Appeals Tribunal for a review of the decision
to which the notice relates; and
(b) a
person whose interests are affected by the decision may request a statement
under section 28 of that Act.
(3) A
failure to comply with subregulation (2) in relation to a decision does not
affect the validity of the decision.
Regulations cease to have effect
16. These
Regulations cease to have effect on 1 July 1995.
NOTE
1. Notified in
the Commonwealth of Australia Gazette