EXPLANATORY STATEMENT
STATUTORY RULE 1982 NO. 92
ISSUED BY THE AUTHORITY OF THE MINISTER FOR COMMUNICATIONS.
The Public Service and Statutory Authorities Amendment Act 1980, extends the “No work as directed - no pay” principle to the Australian Telecommunications Commission by inserting Section 43A and 43B into the Telecommunications Act 1975. Sub-section 43A(12) provides that for the purposes of the “No work as directed - no pay” provisions “salary” includes any allowances that are declared by the regulations to be included in salary. The present Schedule 2 to the Telecommunications Regulations lists such allowances.
The purpose of this Statutory Rule is to delete one allowance from the list and add six new allowances.
Overview
The Public Service and Statutory Authorities Amendment Act 1980 was enacted to address the need for a clear and updated definition of salary within the context of the "No work as directed - no pay" principle for the Australian Telecommunications Commission. This principle ensures that employees are compensated only for work that they have been directed to perform. By inserting Sections 43A and 43B into the Telecommunications Act 1975, the legislation provides a comprehensive framework for salary inclusions, ensuring clarity and fairness in remuneration practices. The policy objective is to maintain a transparent and equitable system of allowances that accurately reflect the compensation due to employees within the Commission. This statutory rule, issued under the authority of the Minister for Communications, aims to refine the allowances included in salary by amending the list as outlined in Schedule 2 of the Telecommunications Regulations, thus ensuring the regulations remain current and reflective of the actual allowances provided.
Scope and Application
The Statutory Rule 1982 No. 92, issued under the authority of the Minister for Communications, amends the Telecommunications Act 1975 by modifying the allowances included under the "No work as directed - no pay" principle as it applies to the Australian Telecommunications Commission. This amendment is made by inserting Section 43A and 43B into the Act and involves adjustments to the definition of "salary" as outlined in subsection 43A(12). The rule specifically targets the schedule to the Telecommunications Regulations, which lists allowances deemed part of salary for the purposes of the aforementioned principle. The amendment removes one allowance from the existing list and introduces six new allowances, thereby refining the scope of remuneration affected by the "No work as directed - no pay" principle. This adjustment ensures that the allowances included in the definition of salary are kept current with any changes in the remuneration structure applicable to the Commission.
Key Provisions
The core provisions of this Statutory Rule (C2004L06246) revolve around amendments to the Telecommunications Act 1975 through the insertion of Sections 43A and 43B. These sections, which extend the "No work as directed - no pay" principle to the Australian Telecommunications Commission, are pivotal in ensuring that employees only receive compensation for work they have actually performed. Section 43A(12) clarifies that the term "salary" encompasses any allowances as defined by the regulations, with the current list of such allowances found in Schedule 2 of the Telecommunications Regulations.
This Statutory Rule mandates the alteration of the allowances listed in Schedule 2. Specifically, it requires the removal of one allowance and the addition of six new ones. By making these changes, the rule ensures that the definition of "salary" remains up-to-date and reflective of the allowances that should be included under the "No work as directed - no pay" principle. This amendment ensures that remuneration practices are transparent and fair, aligning with the legislative intent to prevent employees from receiving pay for work not performed.
Entities governed by this Act are obligated to comply with the updated allowances as outlined in Schedule 2 of the Telecommunications Regulations. This involves updating their payroll systems and documentation to reflect the changes made by this Statutory Rule. The Australian Telecommunications Commission, in particular, must ensure that its employees are only compensated for work they have actually completed, thereby upholding the integrity of the "No work as directed - no pay" principle.
Failure to comply with the provisions of this Statutory Rule could result in significant consequences. While specific offences and penalties are not detailed in the Statutory Rule itself, the overarching legislation under which it operates may impose penalties for non-compliance. These could include fines or other administrative sanctions, reflecting the importance of adhering to the principles set forth in the Telecommunications Act 1975. Ensuring compliance is therefore crucial for maintaining the fairness and legality of remuneration practices within the Australian Telecommunications Commission.