STATUTORY RULES
1970 No. 118
REGULATION UNDER THE STEVEDORING INDUSTRY (TEMPORARY PROVISIONS) ACT 1967-1970.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Stevedoring Industry (Temporary Provisions) Act 1967-1970.
Dated this first day of September, 1970.
Paul Hasluck
Governor-General.
By His Excellency’s Command,
Sgd. B. M. Snedden
Minister of State for Labour and National Service.
Amendment of the Stevedoring Industry (Temporary Provisions) Regulations†
Regulation 22 of the Stevedoring Industry (Temporary Provisions) Regulations is repealed and the following regulation inserted in its stead:—
Assessed amount of pay for day of long service leave.
“22. For the purposes of Part IIIa. of the Stevedoring Industry Act, the assessed amount of pay for a day of long service leave is an amount equal to one hundred and seventeen and one-half per cent of one-sixth of the amount of the lowest ordinary weekly rate of pay for waterside workers employed on a weekly hiring prescribed by Part II. of the Waterside Workers Award in force under the Conciliation and Arbitration Act 1904-1969 when the period of long service leave in which that day is included commences.”.
* Notified in the Commonwealth Gazette on 3 September , 1970.
† Statutory Rules 1968, No. 5, as amended by Statutory Rules 1968, No. 119; 1969, Nos. 23 and 170: and 1970, No.
Printed by Authority by the Government Printer of the Commonwealth of Australia
21488/70—Price 5c 10/13.8.1970
Overview
The Statutory Rules 1970 No. 118, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1970, was introduced to address the need for specific regulations governing the stevedoring industry during a temporary period. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations aim to provide clear and precise guidelines for the industry, particularly concerning the assessed amount of pay for days of long service leave. The policy objective behind these regulations is to ensure fair and consistent compensation for waterside workers employed under the temporary provisions, aligning with the lowest ordinary weekly rate of pay as prescribed by the Waterside Workers Award under the Conciliation and Arbitration Act 1904-1969. This legislative instrument seeks to provide a stable framework during a period of transition, ensuring that workers receive appropriate benefits while maintaining operational standards within the stevedoring sector.
Scope and Application
This Statutory Rule, made under the authority of the Stevedoring Industry (Temporary Provisions) Act 1967-1970, is applicable to the stevedoring industry and the waterside workers employed within it. The regulation specifically amends the Stevedoring Industry (Temporary Provisions) Regulations to define the assessed amount of pay for a day of long service leave. This pertains to employees who are part of the waterside workforce, whose weekly pay rates are prescribed under the Waterside Workers Award, which is itself governed by the Conciliation and Arbitration Act 1904-1969. The regulation sets the assessed amount of pay for a day of long service leave as one hundred and seventeen and a half per cent of one-sixth of the lowest ordinary weekly rate of pay for waterside workers, effective from the commencement of the period of long service leave. This rule applies nationally across the Commonwealth of Australia, impacting all waterside workers and stevedoring operations within the country. The regulation does not specify exclusions or exemptions and operates as a direct amendment to existing provisions, thereby extending its application to all relevant parties within the designated industry.
Key Provisions
The Stevedoring Industry (Temporary Provisions) Regulations 1970, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1970, introduce specific provisions concerning the calculation of long service leave for waterside workers. Section 22 of the regulations determines the assessed amount of pay for a day of long service leave. This amount is calculated as one hundred and seventeen and a half per cent of one-sixth of the lowest ordinary weekly rate of pay for waterside workers as prescribed by the Waterside Workers Award under the Conciliation and Arbitration Act 1904-1969. This calculation is to be applied when the period of long service leave in which that day is included commences.
The obligations under these regulations require employers within the stevedoring industry to adhere to the specified calculation method for determining the pay for long service leave. This involves using the lowest ordinary weekly rate of pay as stipulated by the Waterside Workers Award, ensuring that any long service leave entitlements are accurately assessed and paid according to the regulation. Employers must ensure that the correct rate of pay is used in their calculations, and that this rate is applied consistently across all eligible employees. Accurate record-keeping and compliance with the stipulated method are critical to fulfilling these obligations.
Breaches of these regulations may result in significant consequences for employers. While specific offences and penalties are not explicitly detailed within the regulation itself, non-compliance with the stipulated calculation method could potentially lead to legal challenges from employees claiming underpayment. This could result in the employer being required to rectify the underpayments and potentially face compensation claims. Additionally, ongoing non-compliance could lead to more severe repercussions, including potential fines or other penalties as prescribed under the overarching legislation or related awards and agreements. The precise penalties would depend on the extent of the breach and the specific legal framework under which the employer is operating.