STATUTORY RULES.
1912. No 153.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904-1911.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, do hereby certify that the following Regulation under the Commonwealth Conciliation and Arbitration Act 1904-1911 should, on account of urgency, come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated the 18th day of July, One thousand nine hundred and twelve.
DENMAN,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
Attorney-General.
FEES TO CHAIRMAN OF BOARD OF REFERENCE.
1. (1) The Chairman of any Board of Reference, appointed under any award or order made in pursuance of the Commonwealth Conciliation and Arbitration Act 1912, shall be remunerated at the rate of Two guineas for each sitting of the Board, and shall be paid travelling expenses at the rate of Fifteen shillings per day and fares actually and properly paid by him.
(2) Payment of remuneration and travelling expenses, including fares, shall be made only on the certificate of the Industrial Registrar.
(3) Where the Chairman of a Board of Reference is a public servant of the Commonwealth, he shall, if his appointment has been approved by the Minister of the Department to which he belongs, be entitled to receive any payments payable under this Regulation to the same extent as the Chairman of a Board of Reference who is not a public servant.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.
C.9221.—Price 3d.
Overview
The Statutory Rules 1912, No. 153, introduced under the Commonwealth Conciliation and Arbitration Act 1904-1911, addresses the issue of compensating the Chairman of any Board of Reference appointed pursuant to an award or order made under this Act. Enacted by the Governor-General, with advice from the Federal Executive Council, this Provisional Regulation was certified on 18 July 1912 due to its urgency, reflecting the need for immediate action in the industrial arbitration process. The policy objective is to ensure that the Chairman of a Board of Reference receives fair remuneration for their services, which includes a rate of Two guineas for each sitting and travel expenses of Fifteen shillings per day, along with actual fares paid. Payment is contingent upon certification by the Industrial Registrar, and if the Chairman is a Commonwealth public servant, their remuneration aligns with that of non-public servant Chairmen.
Scope and Application
The Provisional Regulation under the Commonwealth Conciliation and Arbitration Act 1904-1911 applies specifically to the Chairman of any Board of Reference appointed under any award or order made in pursuance of the Act. The scope of this legislation extends to the remuneration and expenses of these Chairpersons, setting a rate of Two guineas for each sitting of the Board and Fifteen shillings per day for travelling expenses, along with the actual fares paid. The Regulation ensures that such payments are contingent upon the certification of the Industrial Registrar and acknowledges the equal treatment of public servants who serve as Chairpersons, provided their appointments are approved by the relevant Minister. This legislation operates at the Commonwealth level, reflecting the federal jurisdiction of the Act it supports. There are no stated exclusions, exemptions, or thresholds within this Regulation, but it does note that its immediate operation is certified on account of urgency. The application and scope of this Regulation may be extended or restricted through subordinate instruments or further amendments under the overarching Act.
Key Provisions
The Provisional Regulation under the Commonwealth Conciliation and Arbitration Act 1904-1911, specifically Section 1, outlines the remuneration for the Chairman of any Board of Reference. According to Section 1(1), the Chairman is to be paid Two guineas for each sitting of the Board and is also entitled to travel expenses, which include Fifteen shillings per day and actual fares paid by the Chairman. Section 1(2) stipulates that these payments, including travel expenses, are to be made only upon the certification of the Industrial Registrar. Additionally, Section 1(3) provides that if the Chairman is a public servant of the Commonwealth and his appointment has been approved by the relevant Minister, he is to receive the same payments as a non-public servant Chairman. This ensures uniformity in compensation irrespective of the employment status of the Chairman.
The obligations imposed by this Act are primarily on the Industrial Registrar and the entity or individual responsible for making the payments. As per Section 1(2), the Industrial Registrar has a critical role in certifying the payments to the Chairman. This certification process ensures that the remuneration and travel expenses are legitimate and correctly calculated, thereby preventing any discrepancies or misuse of funds. Furthermore, Section 1(3) mandates that public servants who serve as Chairmen receive the same compensation as their non-public servant counterparts, which requires the relevant Minister to approve the appointment and ensure that the payment procedures are adhered to.
Breaches or non-compliance with the provisions outlined in this Act may result in various consequences. Although specific offences and penalties are not detailed in this excerpt, it is implied that failure to follow the certification process or misappropriating funds could lead to legal repercussions. The Act's stringent certification requirement suggests that any irregularity in payments could be considered a violation, potentially subjecting the parties involved to civil or criminal penalties. However, the exact nature and extent of these penalties would typically be defined in further sections of the Act or related legislation.