EXPLANATORY STATEMENT
Statutory Rules 1983 No 160
Salaries and Wages Pause (Exemptions) Regulations
(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 sections 7, 8 and 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 2 of the Salaries and Wages Pause (Exemptions) Regulations (Amendment) inserts new sub-regulation (2) in regulation 3 of the Principal Regulations.
Sub-regulation 3(2) restores power to the authorites listed in Column 2 of Schedule 1A (inserted by regulation 4 of the Salaries and Wages Pause (Exemptions) Regulations (Amendment)) to make a determination flowing on to determination-free (i.e not subject to a determination of the Public Service Arbitrator) or award-free (i.e. not subject to an award of the Australian Conciliation and Arbitration Commission) medical officers employed by the organization in column 4 a determination of the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission in relation to pay adjustments consistent with the National Wage Decision of 14 May 1982 for other medical officers in Commonwealth employment.
Regulation 3 inserts new regulation 7 into the Principal Regulations.
Sub-regulation 7(1) restores power to the Executive of the Commonwealth Scientific and Industrial Research Organization to make a determination in respect of determination-free tradesmen and related staff flowing on a determination by the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission reducing the working hours of tradesmen and related staff in that organization who are subject to a determination of the Public Service Arbitrator.
Sub-regulation 7(2) restores power to the Public Service Board to make a determination in respect of determination-free officers and employees of the Department of Defence working at a Defence Research Centre flowing on a determination of the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission reducing the working hours of other officers and employees at Defence Research Centres who are subject to a determination of the Public Service Arbitrator.
Regulation 4 of the Salaries and Wages Pause (Exemptions) Regulations (Amendments) inserts Schedule 1A into the Principal Regulations.
Regulation 5 of the Salaries and Wages Pause (Exemptions) Regulations (Amendment) amends Schedule 3 of the Principal Regulations by inserting items 15 to 18. The effect of inserting items 15 to 18 is to restore power to the Public Service Arbitrator and the Australian Conciliation and Arbitration Commission to determine the claim set out in column 3 of Schedule 3 in respect of staff employed in the kind of employment set out in column 4.
Overview
The Salaries and Wages Pause (Exemptions) Regulations (Amendment) 1983, issued under the authority of the Minister for Employment and Industrial Relations, addresses the need to restore certain powers to specific authorities that had been suspended due to the salaries and wages pause. Enacted by the Parliament of Australia, these regulations aim to ensure that particular determinations and awards can be made in relation to pay adjustments and working hours, aligning with the National Wage Decision of 14 May 1982. The policy objective is to maintain fair industrial relations practices while adhering to the constraints imposed by the broader economic policy of wage restraint. This amendment seeks to balance the needs of specific sectors and roles within the public service with the overarching objectives of the pause on wage increases and working hour adjustments.
Scope and Application
The Salaries and Wages Pause (Exemptions) Regulations, as amended by these statutory rules, apply specifically to certain authorities and entities within the Commonwealth to grant them the power to make determinations regarding pay adjustments and working hours for particular groups of employees. These regulations are pertinent to the Public Service Arbitrator, the Australian Conciliation and Arbitration Commission, the Executive of the Commonwealth Scientific and Industrial Research Organization, and the Public Service Board. The scope of these regulations extends to medical officers and tradesmen or related staff within these organizations, where such employees are not subject to existing determinations or awards. The application of these regulations is geographically confined to the Commonwealth, impacting only those employed in the specified roles within the mentioned entities. Notably, the regulations exclude employees who are already subject to a determination or award by the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission. Furthermore, these regulations can be extended or modified through subordinate instruments as specified within the act.
Key Provisions
The Salaries and Wages Pause (Exemptions) Regulations (Amendment) 2004, as stated in Statutory Rules 1983 No 160, amends the original regulations to provide specific exemptions from the salaries and wages pause under the Salaries and Wages Pause Act 1982 (section 10(2)). Regulation 2 inserts a new sub-regulation (2) into regulation 3 of the Principal Regulations, restoring the authority of certain bodies to make determinations for medical officers employed by specified organisations (regulation 3(2)). This means that these authorities can now make pay adjustments for these medical officers that align with the National Wage Decision of 14 May 1982, which would otherwise be subject to decisions by the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission.
Regulation 3 introduces a new regulation 7, which restores powers to specific entities. Sub-regulation 7(1) empowers the Executive of the Commonwealth Scientific and Industrial Research Organisation to make determinations concerning the working hours of tradesmen and related staff. This is in response to a decision by the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission that affects tradesmen and related staff within that organisation. Similarly, sub-regulation 7(2) allows the Public Service Board to make determinations concerning the working hours of officers and employees of the Department of Defence who are working at a Defence Research Centre, again in response to a decision made by the Public Service Arbitrator or the Australian Conciliation and Arbitration Commission.
The obligations under these regulations require the specified authorities to exercise their restored powers in a manner consistent with the provisions of the Salaries and Wages Pause Act 1982 and the National Wage Decision of 14 May 1982. The authorities must ensure that their determinations for pay adjustments and working hours for the specified categories of staff are aligned with the broader economic context and wage adjustments agreed upon by the relevant industrial bodies.
Failure to comply with these regulations can result in legal consequences. The precise nature of the offences and penalties is not explicitly detailed in the regulations, but breaches of industrial relations laws typically result in both civil and criminal penalties. Civil penalties may include fines or orders for compensation, while criminal penalties might involve imprisonment or significant fines, depending on the severity of the breach. The exact penalties would be determined by the relevant court based on the specifics of the case and the provisions of the broader industrial relations framework.