Dairy Produce Export Control (Staff) Regulations (Amendment)

Overview

The Statutory Rules 1942, No. 530, are regulations enacted under the Dairy Produce Export Control Act 1924-1942. These regulations were introduced by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to address the need for adjustments to the salaries of staff involved in the regulation and control of dairy produce exports. The policy objective is to ensure that the salaries of these staff reflect variations in the cost of living, as indicated by changes in the weighted average retail price index number for the six State capital cities of the Commonwealth. This regulatory approach aims to maintain fair compensation for the staff in line with economic conditions, ensuring that the cost of living adjustments are systematically applied based on the relevant index numbers.

Scope and Application

The Dairy Produce Export Control (Staff) Regulations, made under the Dairy Produce Export Control Act 1924-1942, apply to the staff of the Commonwealth Department of Commerce, who are directly involved in the administration and oversight of dairy produce export controls. These regulations pertain specifically to the adjustment of salaries for staff based on variations in the cost of living, as reflected in the weighted average retail price index number for the six State capital cities of the Commonwealth. The regulation's jurisdiction extends across the Commonwealth of Australia, impacting federal employees within the relevant department. The application of these salary adjustments is contingent upon the index number derived from the Commonwealth Court of Conciliation and Arbitration, with specified thresholds and increments or decrements based on the index number's fluctuations. Any particular officer's salary may be exempted from these adjustments at the discretion of the Minister. The regulation was brought into operation on the first day of May, 1942, and can be further modified through subordinate instruments as required.

Key Provisions

The Dairy Produce Export Control (Staff) Regulations, as amended by Statutory Rules 1942, No. 530, introduce new provisions for adjusting the salaries of staff employed under these regulations based on variations in the cost of living, as indicated by the index number (regulation 1). This index number is defined as the weighted average retail price index number for the six State capital cities of the Commonwealth, as published by the Commonwealth Court of Conciliation and Arbitration (regulation 5aa(1)). If the index number for the six months ending on the thirty-first day of March or the thirtieth day of September in any year is less than 81.7, salaries will be reduced based on a specified table (regulation 5aa(2)). If the index number falls below 67.9, further reductions will be applied in a manner similar to the initial reduction (regulation 5aa(3)). Conversely, if the index number exceeds 83.9, salaries will be increased based on a similar table (regulation 5aa(4)). If the index number rises above 97.7, further increases will be applied in a manner similar to the initial increase (regulation 5aa(5)). Additionally, specified amounts will be added to salaries regardless of the index number (regulation 5aa(6)). For the purposes of these regulations, the salary of an officer will be deemed to be their salary as varied under this regulation (regulation 5aa(7)). The first adjustment of salaries under this regulation will be based on the index number for the six months ended on the thirtieth day of March, 1941, deemed to be 80.2 (regulation 5aa(8)). The obligations imposed by these regulations on the parties and entities they govern include adhering to the specified adjustments to salaries based on the index number. This includes the requirement for employers to reduce or increase salaries in accordance with the detailed tables provided in the regulations, depending on the index number. Additionally, employers must ensure that the salary of an officer is deemed to be their salary as varied under this regulation, which affects how any future adjustments are calculated and applied. The regulations also provide for the Minister to direct otherwise in the case of any particular officer, thereby giving some flexibility and discretion in certain circumstances. Breaches of these regulations could result in civil consequences, particularly if employers fail to adjust salaries as required by the index number. Such failure might lead to disputes or claims by employees regarding unpaid salary adjustments, which could be pursued in a court or tribunal. While the regulations do not explicitly state penalties for non-compliance, the failure to adhere to the salary adjustments could be considered a breach of employment terms, potentially leading to legal action. The maximum penalties for such breaches are not explicitly stated in the text, but they could include compensation for the affected employees, as well as potential legal costs and damages.