EXPLANATORY STATEMENT
Statutory Rules 1988 No 357
Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment)
(Issued by the Authority of the Minister for Industrial Relations)
Section 13 of the Remuneration Tribunals 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 12F 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 jurisdiction. The determinations of the Tribunal for the remuneration of public offices are adjusted by the National Wage Case increases.
The Tribunal has determined that the $10.00 National Wage Case decision of March 1987 and the second tier adjustment of 3% should apply on a pro-rata basis to part-time office-holders under its jurisdiction.
The $10.00 National Wage Case decision and the second tier adjustment of 3% would increase the annual fee on a pro-rata basis by, respectively, $78.00 (using the formula applied by the Tribunal) with effect from 10 March 1987, and $440.00 from 1 January 1988. This would raise the fee payable to members of the Tribunal from $14,601.00 to $15,119.00 per annum.
It is not necessary to amend the Regulations with respect to the members’ allowances as these are prescribed as the allowances payable to an officer of the Public Service and consequently do not require adjustment.
Regulation 4 of the Remuneration Tribunals (Members’ Fees and Allowances) Regulations provides for the payment of an annual fee at a specified rate to a member of the Remuneration Tribunal.
A regulation has been made to amend regulation 4 of the Remuneration Tribunals (Members’ Fees and Allowances) Regulations to reflect the increases in annual fees for members of the Tribunal.
Overview
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) 1988, enacted by the Australian Parliament, addresses the need to adjust the fees of members of the Remuneration Tribunal in line with the determinations made by the Tribunal itself and the National Wage Case increases. The Remuneration Tribunals Act 1973 empowers the Governor-General to make regulations regarding the fees and allowances of Tribunal members, as the Tribunal itself lacks such authority. This amendment was introduced to ensure that the fees for members of the Tribunal are aligned with the adjustments made for part-time office holders under its jurisdiction, reflecting the $10.00 National Wage Case decision of March 1987 and the subsequent second-tier adjustment of 3%. The policy objective of these amendments is to maintain the integrity and fairness of the remuneration structure for Tribunal members, ensuring it remains consistent with broader economic adjustments and the Tribunal's own determinations.
Scope and Application
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1988 No 357, issued under the authority of the Minister for Industrial Relations, pertains to the adjustment of fees for members of the Remuneration Tribunal in Australia. The Act applies to the members of the Remuneration Tribunal, specifically Messrs Mangan and Porter, excluding the Chairman who is a Judge of the Supreme Court of NSW and does not receive a fee. The Regulations amend the existing fees as prescribed under the Remuneration Tribunals Act 1973. The amendments follow the Tribunal's practice of increasing fees in line with the National Wage Case determinations, ensuring consistency with the remuneration of part-time office holders under its jurisdiction. The geographic reach of this legislation is national, as the Remuneration Tribunal operates under the Commonwealth of Australia. The amendments do not affect the allowances of the Tribunal members, as these are already aligned with the allowances for officers of the Public Service and thus do not require adjustment. The Regulations reflect the Tribunal's determinations to increase the annual fee by $78.00 from 10 March 1987 and by $440.00 from 1 January 1988.
Key Provisions
The Remuneration Tribunals (Members’ Fees and Allowances) Regulations (Amendment) Statutory Rules 1988 No 357 primarily focus on adjusting the annual fees for members of the Remuneration Tribunal, excluding the Chairman, in line with prescribed increases. Regulation 4 of the Remuneration Tribunals (Members’ Fees and Allowances) Regulations sets out the annual fee paid to members, and this regulation is being amended to reflect recent determinations. The amendment accounts for a $10.00 increase from the National Wage Case decision of March 1987 and an additional 3% second-tier adjustment, effective from 1 January 1988. Consequently, the annual fee for the members will increase from $14,601.00 to $15,119.00.
The obligations under this regulation mandate that the members of the Remuneration Tribunal, excluding the Chairman, must be paid an annual fee at the specified rate. The amendments ensure that the tribunal members' fees are adjusted in accordance with the determinations of the tribunal itself and the National Wage Case increases. This regulation does not affect the allowances of the tribunal members as these are aligned with those of an officer of the Public Service and do not require adjustment.
Breach of these regulations or failure to adhere to the prescribed fee adjustments could result in legal consequences. While specific penalties are not detailed in the explanatory statement, non-compliance with statutory regulations can generally lead to civil or administrative penalties under Australian law. The severity of these penalties may vary depending on the nature and extent of the breach. In the context of tribunal operations, failure to accurately adjust and pay fees could potentially lead to disputes or challenges regarding the legality and fairness of the remuneration process.