EXPLANATORY STATEMENT
Statutory Rules 1989 No 145
Remuneration Tribunals (Members’ Fees and Allowances)
Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 13 of the Remuneration Tribunal Act 1973 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Section 12 of the Act provides that a member of the Remuneration Tribunal (the Tribunal) be paid such fees and allowances as are prescribed; the Tribunal lacks the power to determine its own fees and allowances. The Chairman of the Tribunal, Mr Justice Mahoney, being a Judge of the Supreme Court of NSW is not paid a fee. The fees of the other two members, Messrs Mangan and Porter, are prescribed in the Remuneration Tribunals (Members’ Fees and Allowances) Regulations.
The practice has been to increase the annual rate of the fee by the same percentage amount and with the same date of effect as applied by the Tribunal itself in determining new rates for part-time office holders under its jurisdication. The determinations of the Tribunal for the remuneration of public offices are adjusted by the National Wage Case increases.
In its 1988 Review, the Tribunal determined increases for part-time office holders (with the exception of part-time offices in statutory marketing authorities which received substantial increases) generally in the order of 15 per cent from 24 November 1988.
The 15 per cent increase increases the annual fee from $15,119 to $17,387 per annum. The increase operates from 24 November 1988.
The opportunity has been taken to make appropriate amendments to the Regulations following the abolition of the Academic Salaries Tribunal by the Industrial Relations (Consequencial Provisions) Act 1988 which commenced on 1 March 1989.
Therefore the following regulations have been made:
- regulation 1 provides an operative date of 24 November 1988 for the increase in the annual fee payable to part-time members of the Tribunal;
- regulations 3 and 4 amend the citation of the Regulations and the Act respectively to reflect the abolition of the Academic Salaries Tribunal;
- regulation 5 amends regulation 4 of the Regulations to provide for the increase in the annual fee for part-time members of the Tribunal from $15,119 to $17,387 per annum;
- regulation 6 amends regulation 5 of the Regulations by deleting a reference to section 12F of the Regulations made obsolete by the repeal of the provisions of the Act establishing the Academic Salaries Tribunal;
- regulation 7 deletes regulation 6 of the Regulations which is now obsolete as a result of the abolition of the Academic Salaries Tribunal.
The retrospective application of regulation 5 will not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person.
Overview
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) 1989 were enacted by the authority of the Minister for Industrial Relations to amend the existing regulations concerning the fees and allowances of members of the Remuneration Tribunal. This amendment was necessitated by the need to align the remuneration of the Tribunal's members with the increases determined by the Tribunal itself for part-time office holders, following the Tribunal's 1988 Review which resulted in a 15% increase from 24 November 1988. The primary objective of these regulations is to ensure that the fees of part-time members of the Tribunal are adjusted in accordance with the Tribunal's determinations and the National Wage Case increases, thus maintaining consistency and fairness in the remuneration process. The regulations also reflect the legislative changes resulting from the abolition of the Academic Salaries Tribunal by the Industrial Relations (Consequential Provisions) Act 1988.
Scope and Application
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1989 No 145 applies to the members of the Remuneration Tribunal, specifically Messrs Mangan and Porter, and concerns the fees and allowances prescribed for their services. The scope of the Act is limited to the members of the Tribunal, excluding the Chairman who, as a Judge of the Supreme Court of NSW, is not paid a fee under this legislation. These Regulations are an amendment to the pre-existing Remuneration Tribunals (Members’ Fees and Allowances) Regulations, made under the authority granted by Section 13 of the Remuneration Tribunal Act 1973. The Act itself is a Commonwealth legislation, thereby having a jurisdictional reach across Australia. The amendments made in these Regulations are effective from 24 November 1988 and are retrospective, adjusting the annual fees for part-time members of the Tribunal from $15,119 to $17,387 per annum. These amendments were necessitated by the abolition of the Academic Salaries Tribunal by the Industrial Relations (Consequential Provisions) Act 1988, which commenced on 1 March 1989. The retrospective application of these amendments does not prejudice the rights of any person, other than the Commonwealth, nor does it impose any liability on such a person.
Key Provisions
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1989 No 145, issued under Section 13 of the Remuneration Tribunal Act 1973, primarily concern the adjustment of fees for part-time members of the Tribunal. Regulation 1 sets the effective date for the increase in the annual fee for these members as 24 November 1988, aligning with the Tribunal’s own determinations for part-time office holders. Regulation 5 specifies the new annual fee, raising it from $15,119 to $17,387, and is effective from the same date. The Regulations also incorporate changes following the abolition of the Academic Salaries Tribunal by the Industrial Relations (Consequential Provisions) Act 1988, which commenced on 1 March 1989.
The obligations under these Regulations require the Tribunal to adhere to the specified fee structure, as they lack the authority to determine their own fees and allowances. The Tribunal must ensure compliance with the prescribed increases, particularly those influenced by the National Wage Case adjustments. The Regulations mandate the Tribunal to adjust the fees of part-time members in line with the percentage increases determined by the Tribunal itself, thereby maintaining consistency and fairness in remuneration practices. Additionally, the Regulations require the Tribunal to update internal documentation and ensure all relevant stakeholders are informed of the fee changes.
Failure to comply with these Regulations could result in legal consequences. While specific offences are not explicitly stated, non-compliance with prescribed fees and allowances could be considered an administrative breach, potentially leading to penalties or corrective actions. The exact nature and severity of penalties are not detailed in the text, but breaches could result in financial or disciplinary actions against the Tribunal or its members. The retrospective application of these Regulations, however, is noted to not adversely affect the rights of individuals or impose liabilities on them.
The amendments to the Regulations also address the obsolescence of certain provisions due to the abolition of the Academic Salaries Tribunal. Regulation 6 and 7 ensure that outdated references are removed, maintaining the integrity and relevance of the legal framework governing the Tribunal's operations. The Regulations are designed to streamline the remuneration process and eliminate confusion arising from obsolete provisions.