Conciliation and Arbitration Regulations (Amendment)

Overview

Statutory Rules 1939 No. 63, issued under the Commonwealth Conciliation and Arbitration Act 1904-1934, was enacted to address the need for amending existing regulations to ensure proper compensation for the Chairman of a Board of Reference. This regulation was made by the Deputy of the Governor-General, acting with the advice of the Federal Executive Council, to bring into effect adjustments in the fees and allowances for the Chairman of a Board of Reference. The regulation specifically introduces a new sub-regulation to ensure that when the Chairman is exempt from the provisions of the Commonwealth Public Service Act 1922-1937, they are nonetheless entitled to a salary and travel expenses determined by the Board of Commissioners. This legislative instrument aims to clarify and formalise the remuneration process for these positions, ensuring consistency and fairness in their compensation.

Scope and Application

The Statutory Rules of 1939, No. 63, issued under the Commonwealth Conciliation and Arbitration Act 1904-1934, pertain to the regulation of fees for the Chairman of a Board of Reference within the context of conciliation and arbitration processes. This legislative instrument specifically targets individuals who serve as the Chairman of a Board of Reference and have been declared by the Governor-General, under the Commonwealth Public Service Act 1922-1937, to be exempt from the provisions of that Act. These individuals are entitled to receive a salary and reimbursement for travelling expenses, determined by the Board of Commissioners as appointed under the Commonwealth Public Service Act. The scope of this regulation extends to the Commonwealth of Australia, thereby encompassing all territories and jurisdictions under federal governance. The regulation does not explicitly mention any exclusions, exemptions, or thresholds, but it is implied that it applies to those specific roles as defined by the referenced Acts. The application of this regulation may be further detailed or modified through subordinate instruments, ensuring that the provisions are effectively implemented and adapted to changing circumstances.

Key Provisions

This statutory rule, numbered 63 and made under the Commonwealth Conciliation and Arbitration Act 1904-1934, introduces an amendment to Regulation 43 of the Conciliation and Arbitration Regulations (subsection 2a). Specifically, it addresses the remuneration of the Chairman of a Board of Reference. Where the Chairman is a person to whom the provisions of the Commonwealth Public Service Act 1922-1937 do not apply, as declared by the Governor-General under section eight, this new sub-regulation stipulates that such a Chairman shall be paid a salary and be entitled to travelling expenses at rates determined by the Board of Commissioners appointed under that Act. The Act imposes specific obligations on the Board of Commissioners in determining the salary and travel expenses for the Chairman of a Board of Reference who falls outside the purview of the Commonwealth Public Service Act. The Board must ensure that the remuneration and travel expenses are set at appropriate rates, taking into account the responsibilities and requirements of the Chairman's role. This includes ensuring that the Chairman is adequately compensated for their duties without exceeding what is deemed reasonable by the Board. Failure to comply with the provisions of this statutory rule could result in legal consequences for both the Board of Commissioners and the Chairman of the Board of Reference. Although the specific civil or criminal penalties are not detailed within the text, non-compliance with the requirements set by the Board of Commissioners could potentially lead to disputes or legal action. The maximum penalties, if applicable, would be determined by the courts based on the nature and severity of the breach. This could include fines, corrective orders, or other remedies deemed appropriate by the court.