Stevedoring Industry Finance Committee Regulations 1991 No. 15
EXPLANATORY STATEMENT STATUTORY RULES 1991 No. 15
Stevedoring Industry Finance Committee Regulations
(Issued under the Authority of the Minister of Industrial Relations)
Section 31 of the Stevedoring Industry Finance Committee Act 1977 (the Finance Committee Act) authorises the Governor-General to make regulations for the purposes of the Act.
Section 9 of the Stevedoring Industry Legislation Amendment Act 1990 amends section 12 of the Finance Committee Act which authorises the Stevedoring Industry Finance Committee to make payments:
to the Association of Employers of Waterside Labour or to individual employers in respect of the provision of prescribed benefits to waterside workers; and
to that Association or to eligible persons in respect of the provision of prescribed benefits to eligible employees.
Sub-section 5(1A) of the Acts Interpretation Act 1901 provides that an Act comes into operation on the twenty-eighth day after the Royal Assent is given by the Governor- General. The Royal Assent has been given to the Stevedoring Industry Legislation Amendment Act 1990 which does not contain an alternative commencement provision.
Section 4 of the Acts Interpretation Act 1901 provides that where an Act amends another Act to confer a power to make regulations for the purposes of that Act then the power conferred may be exercised before the Act comes into operation. Such regulations come into force when the Act commences.
The proposed Stevedoring Industry Finance Committee Regulations prescribe benefits for the purposes of sections 10 and 12 of the Finance Committee Act.
Regulation 1 of the proposed Regulations is a formal provision.
Regulation 2 of the proposed Regulations repeals all previous regulations made under the Finance Committee Act.
Regulation 3 of the proposed Regulations is interpretative in nature.
Regulation 4 of the proposed Regulations prescribes certain services and amenities for the purposes of section 10 of the Finance Committee Act. The proposed benefits include the provision of refreshments and canteen facilities as well as health services.
Regulation 5 of the proposed Regulations prescribes benefits to waterside workers for the purposes of paragraph 12(1)(a) of the Finance Committee Act. The benefits are the same as those which were prescribed for the purposes of the repealed section 12 of the Finance Committee Act and include:
payments made in accordance with an award or order of the Australian Industrial Relations Commission for travel, accommodation and sustenance for waterside workers temporarily transferred to another port; and
payments in respect of sick leave entitlements accruing under an award being entitlements accruing before the commencement of the Finance Committee Act and for which the Australian Stevedoring Industry Authority, which has since been abolished, was liable.
Regulation 6 of the proposed Regulations specifies the benefits contained in clause 6 of the Reform Agreement as benefits for the purposes of paragraph 12(1)(b) of the Finance Committee Act. The Reform Agreement was made between employers and unions associated with the industry. The Commonwealth became a party to the agreement on 31 October 1989. The Reform Agreement benefits are the provision of a one-off early retirement/redundancy package to employees on the waterfront.
Regulation 7 of the proposed Regulations extends the operation of clause 6 of the Reform Agreement to employees of the Conaust group of companies. Those companies resigned from the Association of Employers of Waterside Labour on 6 October 1990. Without giving extended operation to clause 6 of the Reform Agreement those employees would not otherwise benefit under regulation 6 of the proposed Regulations.
Overview
The Stevedoring Industry Finance Committee Regulations 1991 were enacted to address the need for updated regulatory provisions in the stevedoring industry, following amendments to the Stevedoring Industry Finance Committee Act 1977. These regulations were introduced by the Parliament of Australia and are intended to specify the benefits for waterside workers and eligible employees as outlined in the amended Act. The purpose of these regulations is to ensure that the prescribed benefits, such as travel, accommodation, sustenance payments, health services, and early retirement packages, are clearly defined and effectively administered under the new legislative framework. This regulatory update ensures that the benefits provided to workers and employees are aligned with the current industrial standards and agreements, thereby maintaining fairness and compliance within the industry.
Scope and Application
The Stevedoring Industry Finance Committee Regulations 1991, made under the authority of the Minister of Industrial Relations, establish the framework for payments authorised by the Stevedoring Industry Finance Committee Act 1977. The Act and its subsequent amendments apply to entities and persons involved in the stevedoring industry, including employers and their associations, as well as waterside workers and eligible employees. The primary purpose of these regulations is to define and prescribe the benefits that can be provided to waterside workers and eligible employees, including services such as travel, accommodation, sustenance, health services, and early retirement packages, in line with the terms set out in awards, orders, and agreements such as the Reform Agreement. The scope of these regulations is national, extending across the Commonwealth as authorised by the Stevedoring Industry Finance Committee Act, and they come into force on the twenty-eighth day following the Royal Assent to the Stevedoring Industry Legislation Amendment Act 1990. The regulations also include provisions to ensure continuity of benefits to employees of companies that have resigned from the Association of Employers of Waterside Labour, thereby ensuring the application of the benefits outlined in the Reform Agreement remains inclusive.
Key Provisions
The Stevedoring Industry Finance Committee Regulations 1991 (No. 15) set out the specific benefits and services that are to be provided to waterside workers under the Stevedoring Industry Finance Committee Act 1977. Regulation 4 prescribes services and amenities such as refreshments, canteen facilities, and health services for the purposes of section 10 of the Act (Reg. 4). These regulations aim to ensure that waterside workers have access to necessary amenities and services while performing their duties.
The obligations imposed by these regulations on the Stevedoring Industry Finance Committee and other relevant parties include the provision of specified benefits to waterside workers and eligible employees as outlined in the regulations (Regs. 5 and 6). The committee is responsible for ensuring that payments for travel, accommodation, sustenance, and sick leave entitlements are made in accordance with relevant awards and orders (Reg. 5). Additionally, the committee must provide a one-off early retirement or redundancy package to employees on the waterfront as per the terms of the Reform Agreement (Reg. 6). The committee must also ensure that employees of the Conaust group of companies receive the benefits specified in the Reform Agreement despite their resignation from the Association of Employers of Waterside Labour (Reg. 7).
Failure to comply with these regulations could result in civil or criminal consequences, though specific penalties are not detailed within the explanatory statement. The regulations establish clear directives for the provision of benefits and services to waterside workers, and non-compliance could potentially lead to legal action or penalties under the Act or other relevant legislation. The maximum penalties for breaches would typically be outlined in the primary legislation or related regulatory instruments, which should be consulted for detailed information.