Conciliation and Arbitration Regulations (Amendment)

Overview

The Statutory Rules of 1948, No. 159, made under the Commonwealth Conciliation and Arbitration Act 1904-1947, were enacted to address the need for more flexible remuneration arrangements for members of Local Industrial Boards in cases where investigations require extended periods. This legislative instrument was introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to ensure that the remuneration of Board members can be adjusted according to the demands and duration of ongoing investigations. The policy objective is to provide a more equitable compensation structure that recognises the time and effort involved in protracted industrial matters, thereby facilitating more effective and thorough investigations and decisions.

Scope and Application

The Statutory Rules of 1948, No. 159, made under the Commonwealth Conciliation and Arbitration Act 1904-1947, amend the Conciliation and Arbitration Regulations by introducing provisions for the payment of remuneration in lieu of prescribed fees for members of Local Industrial Boards in cases requiring continuous investigation over an extended period. This amendment applies to the Chairman and other members of such boards, with the remuneration considered reasonable by the Governor-General in Council. This legislation pertains to the industrial relations sector and impacts all Local Industrial Boards within the Commonwealth of Australia. The amendment does not specify exclusions or exemptions, implying that all Local Industrial Boards engaged in extended investigations may be eligible for this remuneration. The regulation extends the application of the original act by allowing for flexible remuneration arrangements in certain circumstances, thereby offering a means to adapt to the specific needs of protracted investigations.

Key Provisions

The key operative sections of this legislation amend Regulation 159 of the Conciliation and Arbitration Regulations, introducing a new proviso that allows for payment of remuneration to the Chairman and other members of a Local Industrial Board in cases requiring continuous investigation over an extended period. Specifically, section 1 of the Statutory Rules provides that the Governor-General may determine the payment of reasonable remuneration to the Chairman instead of the prescribed fee for each sitting, and to other members a reasonable fee for each sitting, in cases as determined by the Governor-General. The legislation imposes obligations on the Governor-General to determine reasonable remuneration for the Chairman and other members of the Board in cases where continuous investigation over an extended period is necessary. This includes assessing each case individually and deciding whether the conditions warrant the payment of remuneration instead of the prescribed fees. Additionally, it places an obligation on the Board members to participate in the continuous investigation and accept the remuneration determined by the Governor-General, as applicable. Breach of the provisions contained in this legislation does not explicitly detail offences or penalties. However, failure to adhere to the remuneration determinations by the Governor-General or refusal to accept the determined remuneration could potentially lead to disputes or claims regarding the validity of the remuneration, which might be resolved through the courts. While no specific maximum penalties are stated, the consequences of non-compliance could include financial implications for the parties involved and potential delays in the resolution of industrial matters.