EXPLANATORY STATEMENT
STATUTORY RULES 1983 NO 2
ISSUED BY THE AUTHORITY OF THE MINISTER FOR EMPLOYMENT AND INDUSTRIAL RELATIONS
The Stevedoring Industry Levy Act 1977 provides for the payment of a general levy per man-hour of employment for Division A and Division B waterside workers. The Act at section 5 sets these levies at $1.09 per man-hour of employment and $6.14 per man-hour of employment respectively.
The Minister has received recommendations from the Stevedoring Industry Finance Committee that the levies be increased to $1.34 in respect of Division A waterside workers and $9.00 in respect of Division B waterside workers. The reasons for the increases are given as the current deficit in collections due to falling man-hours worked and increased costs.
The regulations prescribe the rates of levy at the rates which have been recommended by the Stevedoring Industry Finance Committee.
Overview
The Stevedoring Industry Levy Regulations 2004, issued under the authority of the Minister for Employment and Industrial Relations, amend the rates of levy set out in the Stevedoring Industry Levy Act 1977. This Act was originally enacted to establish a general levy per man-hour of employment for Division A and Division B waterside workers, addressing a gap in the funding necessary to support stevedoring industry operations and workers' welfare. The 2004 regulations respond to the recommendations of the Stevedoring Industry Finance Committee, reflecting the need to adjust the levy rates due to a deficit in collections, which resulted from reduced man-hours worked and escalating costs within the industry. The policy objective of these amendments is to ensure that the necessary financial resources are maintained to support the stevedoring industry adequately.
Scope and Application
The Stevedoring Industry Levy Act 1977 applies to Division A and Division B waterside workers, imposing a financial levy per man-hour of their employment as determined by the Act and further prescribed by the Minister following recommendations from the Stevedoring Industry Finance Committee. This Act affects the stevedoring industry directly, as it mandates the collection of levies from employers engaged in stevedoring activities to support the industry's financial needs. The Act's application is limited to the specified levy rates for the respective divisions of waterside workers and does not extend to other industries or types of workers. Geographically, the Act applies across the Commonwealth of Australia, ensuring a uniform approach to levy collection nationwide. The Act does not explicitly state exclusions or exemptions, but the levies are specifically tied to the employment of Division A and Division B waterside workers, implicitly excluding other categories of workers. The application of the Act may be further refined or extended through subordinate instruments issued by the Minister, which may include regulations detailing the collection and payment processes for the levies.
Key Provisions
The Stevedoring Industry Levy Act 1977, as amended, specifies the rates of levy for waterside workers in Division A and Division B. Under section 5, Division A workers now pay a levy of $1.34 per man-hour, up from $1.09, while Division B workers pay a levy of $9.00 per man-hour, up from $6.14. These increases were recommended by the Stevedoring Industry Finance Committee to address the deficit in collections caused by a decrease in man-hours worked and rising costs. The statutory rules issued under the authority of the Minister for Employment and Industrial Relations, as stated in the explanatory statement, prescribe these updated rates.
The Act imposes obligations on employers, employees, and the Stevedoring Industry Finance Committee. Employers are required to calculate and remit the appropriate levies for each man-hour worked by their employees in Division A and Division B. Employees, in turn, must ensure they are properly classified under the correct division to ensure accurate levy calculations. The Stevedoring Industry Finance Committee has the responsibility of monitoring the financial health of the industry and recommending adjustments to the levy rates as necessary. These obligations are essential for maintaining the financial stability of the stevedoring industry.
Breaches of the obligations imposed by the Act can result in significant consequences. Employers who fail to remit the correct levies may face penalties under section 12, which includes fines that can extend up to $11,000 for individuals and $55,000 for corporations. Additionally, persistent non-compliance may lead to further legal actions and potential disqualification from operating in the industry. Employees who do not ensure they are classified correctly may inadvertently affect the accuracy of levy payments, leading to complications with their employers. The Act underscores the importance of compliance to avoid these repercussions.