Stevedoring Industry (Temporary Provisions) Regulations (Amendment)

Overview

Statutory Rules 1973 No. 134, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1973, was enacted to provide for the amendment of the Stevedoring Industry (Temporary Provisions) Regulations. This regulation addresses the assessed amount of pay for the day of long service leave within the stevedoring industry. The regulation was introduced by the Governor-General of Australia, acting on the advice of the Executive Council, and signed into effect on 4 July 1973. The policy objective of this regulation is to adjust the compensation rates for long service leave within the industry to better reflect current economic conditions and provide fair remuneration to employees.

Scope and Application

The Statutory Rules 1973 No. 134, made under the Stevedoring Industry (Temporary Provisions) Act 1967-1973, pertain specifically to the stevedoring industry within Australia. This legislation applies to all stevedores, employers, and employees within this industry, regulating their conduct and transactions. The geographic reach of these regulations is national, as they apply across Australia. These regulations amend the Stevedoring Industry (Temporary Provisions) Regulations to adjust the assessed amount of pay for the day of long service leave, replacing the previous rate of one hundred and seventeen and one-half per cent with one hundred and twenty-two and one-half per cent. The changes aim to ensure fair compensation for long service leave within the industry. While the primary focus is on the stevedoring sector, the regulations do not explicitly state exclusions or thresholds, but they are likely to apply to all relevant entities and individuals within the specified industry. Subordinate instruments may further extend or restrict the application of these regulations, although no specific extensions or restrictions are noted in the text.

Key Provisions

The Statutory Rules 1973 No. 134 made under the Stevedoring Industry (Temporary Provisions) Act 1967-1973 modifies an existing regulation to adjust the assessed amount of pay for a day of long service leave. Specifically, Regulation 22 is amended (section 2) to replace the previous percentage of "one hundred and seventeen and one-half per cent" with "one hundred and twenty-two and one-half per cent". This change is intended to ensure that workers in the stevedoring industry receive a more accurate and fair assessment of their long service leave entitlements. The amended regulation imposes an obligation on employers within the stevedoring industry to adjust the calculation of long service leave pay to reflect the new percentage specified in the regulation. Employers are required to ensure that when calculating long service leave pay, they use the updated rate of "one hundred and twenty-two and one-half per cent". This obligation extends to all employees who have accrued long service leave entitlements under the terms of the Act. Failure to comply with the requirements of this regulation could result in legal consequences for employers. The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance within the regulation itself. However, breaches of employment-related regulations generally may be subject to enforcement actions, including potential fines or other penalties as determined by relevant industrial or employment legislation. The exact penalties would depend on the specific circumstances of the breach and the applicable laws at the time of enforcement. Employers are advised to ensure compliance to avoid any potential repercussions.