EXPLANATORY STATEMENT
Statutory Rules 1983 No 72
Salaries and Wages Pause (Exemptions) Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
Sub-section 10(2) of the Salaries and Wages Pause Act 1982 provides that the Governor-General may make regulations conferring during the prescribed period powers on a specified tribunal or authority being a tribunal or authority referred to in section 7, 8 or 9 in relation to a specified matter or in relation to matters included in a specified class of matters being powers that would but for that section be exercisable by that tribunal or authority.
Regulation 6 relates to two claims lodged with the Public Service Arbitrator in connection with the National Wage Case. The regulation restores power to the Public Service Arbitrator (and the Australian Conciliation and Arbitration Commission if the matter is referred to it) in relation to the variation of determinations so as to increase the rates, or minimum rates of remuneration payable to certain Commonwealth employees.
Overview
The Salaries and Wages Pause (Exemptions) Regulations (Amendment) 2004, issued under the authority of the Minister for Employment and Industrial Relations, aims to amend existing regulations to address specific issues related to the Salaries and Wages Pause Act 1982. This legislation was enacted to introduce temporary restrictions on wage increases in the public sector, a response to economic challenges and fiscal policy objectives at the time. The policy objective of these amendments is to provide targeted relief and flexibility in wage determinations for certain Commonwealth employees, thereby ensuring that specific claims and matters can be addressed appropriately by the relevant authorities, namely the Public Service Arbitrator and the Australian Conciliation and Arbitration Commission. The enacting body responsible for these regulations is the Governor-General, who exercises powers conferred under sub-section 10(2) of the Salaries and Wages Pause Act 1982.
Scope and Application
The Salaries and Wages Pause (Exemptions) Regulations (Amendment) Statutory Rules 1983 No 72 apply to specified tribunals and authorities that are empowered to exercise functions under the Salaries and Wages Pause Act 1982. This Act allows for the regulation of salaries and wages during a specified period, and the regulations provide exemptions to certain matters, thereby restoring certain powers to the Public Service Arbitrator and the Australian Conciliation and Arbitration Commission. The regulations specifically pertain to the variation of determinations that increase rates or minimum rates of remuneration payable to certain Commonwealth employees. The application of these regulations is limited to the claims lodged with the Public Service Arbitrator in connection with the National Wage Case. The geographic reach of the Act is national, applying across the Commonwealth of Australia, and the amendments extend to any subordinate instruments issued under the authority of the Minister for Employment and Industrial Relations. There are no stated exclusions or thresholds specified in the text, and the application of the Act and its regulations is subject to the provisions outlined within the principal Act and the subordinate instruments.
Key Provisions
The main operative sections of the Salaries and Wages Pause (Exemptions) Regulations (Amendment) focus on providing the Public Service Arbitrator and the Australian Conciliation and Arbitration Commission with specific powers during a prescribed period. Regulation 6, in particular, grants the Public Service Arbitrator (and the Australian Conciliation and Arbitration Commission if the matter is referred) the authority to vary determinations in order to increase rates or minimum rates of remuneration for certain Commonwealth employees (Reg. 6). This power is critical in ensuring that adjustments can be made to meet the needs of public sector employees during the salaries and wages pause period.
The obligations and requirements imposed by this Act on the parties involved are primarily centred around the specific authority granted to the Public Service Arbitrator and the Australian Conciliation and Arbitration Commission. These entities must exercise their powers as conferred by Regulation 6 within the scope of the prescribed period and in accordance with the conditions outlined in the Salaries and Wages Pause Act 1982. Their primary responsibility is to ensure that any variations made to remuneration rates are fair and justified, and that the interests of both employees and the government are adequately considered. Additionally, they must comply with any procedural requirements stipulated in the Act or any other relevant legislation.
In terms of offences, penalties, or consequences for breaches of the Act, the regulations do not explicitly outline specific sanctions. However, any misuse or abuse of the powers granted under Regulation 6 could potentially lead to legal challenges or actions for improper exercise of authority. Furthermore, if the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission fails to adhere to the prescribed conditions or engages in unlawful actions, they could face judicial review or other legal consequences. The exact penalties for such breaches would be determined by the courts, taking into account the severity and nature of the misconduct.