EXPLANATORY STATEMENT
Statutory Rules 1983 No 69
Salaries and Wages Pause (Exemptions) Regulations
(Issued by the Authority of the Minister for Finance for and on behalf of the Minister for Employment and Industrial Relations)
The purpose of these regulations is to provide exemptions to enable a number of outstanding matters in Commonwealth employment areas to be finalised.
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 by exercisable by that tribunal or authority.
Regulation 3 restores power to the relevant tribunal or authority in relation to the making or varying of an award or determination, or the making, varying or certifying of an industrial agreement so as to increase the rates, or minimum rates of remuneration payable to certain Commonwealth employees. Schedule 1 contains the relevant information in relation to the matters provided for in regulation 3.
Sub-regulation 4(1) restores power to the relevant tribunal or authority in relation to the making or varying of an award or determination or the making or varying of an industrial agreement so as to increase the rates, or minimum rates of various allowances payable to certain Commonwealth employees. Schedule 2 contains the relevant information in relation to the matters provided for in sub-regulation 4(1).
Sub-regulation 4(2) restores power to the Australian Telecommunications Commission so as to increase the rates, or minimum rates, of site allowance, or to establish a new site allowance payable to officers or employees of that Commission who, in the course of their employment with that Commission, undertake work on building and construction sites, being an increase of site allowance, or the establishment of a new site allowance, that is treated as flowing on from an increase, or a new allowance that has been approved by the Australian Conciliation and Arbitration Commission or a State industrial authority.
Regulation 5 restores power to the relevant tribunal or authority in relation to the making or varying of an award or determination for the purposes of certain claims by Commonwealth employees. Schedule 3 contains the relevant information in relation to the matters provided for in regulation 5.
Overview
The "Salaries and Wages Pause (Exemptions) Regulations 2004" were enacted to provide certain exemptions to the general pause on salary and wage increases imposed by the Salaries and Wages Pause Act 1982. These regulations were issued by the Minister for Finance on behalf of the Minister for Employment and Industrial Relations to address specific outstanding issues within Commonwealth employment areas. The aim of the regulations is to restore specific powers to relevant tribunals or authorities to allow for the finalisation of matters such as increasing remuneration rates for certain Commonwealth employees, varying allowances, and dealing with specific claims by employees. This legislative intervention ensures that specific adjustments can be made to employment conditions during a period of general restraint on salary and wage increases.
Scope and Application
The Salaries and Wages Pause (Exemptions) Regulations 1983, made under the authority of the Minister for Finance and the Minister for Employment and Industrial Relations, pertain specifically to the Commonwealth employment sector. These regulations are designed to facilitate the resolution of outstanding issues in employment areas by providing certain exemptions during the prescribed period of the Salaries and Wages Pause Act 1982. They grant specified tribunals or authorities the authority to make or vary awards, determinations, or industrial agreements to increase or set the minimum rates of remuneration or allowances for certain Commonwealth employees, as outlined in Schedules 1 and 2. Furthermore, they empower the Australian Telecommunications Commission to adjust or establish new site allowances for its officers or employees working on building and construction sites, contingent upon approval by the Australian Conciliation and Arbitration Commission or a state industrial authority, as detailed in sub-regulation 4(2). Regulation 5, supported by Schedule 3, grants relevant tribunals or authorities the ability to address specific claims by Commonwealth employees. These regulations operate within the jurisdictional boundaries of the Commonwealth and apply to specified tribunals or authorities and the Australian Telecommunications Commission, with no stated exclusions or exemptions beyond those outlined in the schedules and sub-regulations.
Key Provisions
The main operative sections of the Salaries and Wages Pause (Exemptions) Regulations 2004 (C2004L06120) provide specific exemptions from the salaries and wages pause to enable certain outstanding matters in Commonwealth employment areas to be finalised. Regulation 3 (section 3) restores the power to relevant tribunals or authorities to make or vary awards or determinations, or to make, vary, or certify industrial agreements, to increase rates or minimum rates of remuneration for certain Commonwealth employees (section 10(2) of the Salaries and Wages Pause Act 1982). Schedule 1 provides detailed information about the specific matters covered by this regulation. Sub-regulation 4(1) (section 4(1)) similarly restores the power to make or vary awards, determinations, or industrial agreements to increase or set minimum rates of various allowances for certain Commonwealth employees, with specifics outlined in Schedule 2. Sub-regulation 4(2) (section 4(2)) specifically grants the Australian Telecommunications Commission the authority to increase or establish new site allowances for officers or employees working on building and construction sites, provided these changes flow from an increase or new allowance approved by the Australian Conciliation and Arbitration Commission or a state industrial authority. Regulation 5 (section 5) restores the power to make or vary awards or determinations for certain claims by Commonwealth employees, with details provided in Schedule 3.
The obligations and requirements imposed by these regulations on the relevant tribunals, authorities, and the Australian Telecommunications Commission include the restoration of their powers to make or vary awards, determinations, and industrial agreements to increase rates or minimum rates of remuneration and various allowances for certain Commonwealth employees. The regulations specify that these actions must be related to outstanding matters in Commonwealth employment areas and must adhere to the conditions outlined in the schedules attached to the respective regulations. The tribunals and authorities must ensure that any changes to remuneration or allowances are in line with the approved increases or new allowances as per the Australian Conciliation and Arbitration Commission or state industrial authorities.
Any breaches of these regulations could lead to civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed in the provided text. Typically, under Australian law, breaches of statutory regulations can result in fines, imprisonment, or other civil penalties depending on the severity and intent behind the breach. The maximum penalties, if applicable, would be determined by the courts based on the specific circumstances of the breach and the provisions of the primary Act and any related legislation.