Conciliation and Arbitration Regulations (Amendment)

Overview

Statutory Rules 1943 No. 270, Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1934, was enacted to address administrative adjustments within the conciliation and arbitration system, specifically concerning the remuneration and allowances of individuals involved in the process. This legislative instrument was established by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of these regulations was to provide clarity and consistency in the payment of fees and allowances to the Chairman and Deputy Chairman of the Court, as well as to members of Local Industrial Boards who are required to travel for the purpose of conducting investigations and preparing reports. This legislative action aimed to streamline the procedural aspects of the conciliation and arbitration process, ensuring that individuals undertaking these duties are appropriately compensated for their time and expenses incurred.

Scope and Application

The Statutory Rules 1943 No. 270 amends the Conciliation and Arbitration Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1934, primarily to adjust the fees and allowances for the Chairman and Deputy Chairman of the Court as well as to address the travel expenses for members of Local Industrial Boards. The application of these regulations is broad, covering the operations and functions of the Court and its associated Local Industrial Boards which are instrumental in the resolution of industrial disputes and the determination of industrial awards and agreements. These amendments apply throughout the Commonwealth of Australia, extending the jurisdictional reach of the Act to ensure consistent application of industrial laws across the nation. Notably, the regulations do not specify any exclusions or thresholds but rather focus on procedural aspects of the Court's operations and the allowances provided to its members and board members involved in industrial matters. Additionally, the application of these regulations may be further defined or expanded through subordinate instruments as deemed necessary by the Attorney-General.

Key Provisions

The primary operative sections of these regulations amend existing provisions under the Conciliation and Arbitration Regulations. Regulation 43 is amended to include the Deputy Chairman within its scope, alongside the Chairman, for the purposes of fees (Reg. 1). A new regulation, 44a, is introduced to provide for the payment of travelling allowances to members of Local Industrial Boards when they are engaged away from their homes on the business of the Board (Reg. 2). This allowance is to be set at a rate approved by the Attorney-General and includes reimbursement of actual fares paid by the members. These regulations impose specific obligations on the parties involved. The Chairman and Deputy Chairman of the relevant boards are now included in the fee provisions, ensuring that any fees applicable to the Chairman also apply to the Deputy Chairman (Reg. 1). Members of Local Industrial Boards who are required to travel for Board business must keep records of their actual travel expenses to be reimbursed by the Attorney-General (Reg. 44a). Additionally, the Attorney-General has the responsibility of approving the rates for these travelling allowances. Failure to comply with the provisions of these regulations could lead to civil or administrative consequences. For example, if a member of a Local Industrial Board fails to claim or provide proper documentation for their travel expenses, they may not be reimbursed. However, the regulations do not explicitly state penalties for non-compliance, meaning any consequences would likely be determined by the relevant courts or administrative bodies interpreting the law. The absence of stated penalties suggests that the focus is more on ensuring proper procedures are followed rather than imposing financial fines.