TRADE UNION TRAINING AUTHORITY AMENDMENT ACT (No. 2) 1978
No. 209 of 1978
An Act to amend the Trade Union Training Authority Act 1975.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Trade Union Training Authority Amendment Act (No. 2) 1978.
(2) The Trade Union Training Authority Act 1975 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall be deemed to have come into operation on 1 August 1978.
3. After section 8d of the Principal Act the following section is inserted:
National Director not entitled to salary if member of Commission
“8da. If the National Director is a member of the Australian Conciliation and Arbitration Commission, he is not entitled to receive any remuneration or allowances in respect of his office of member of the Commission, but his holding of that office is not affected by reason of his holding office as the National Director.”.
4. After section 20 of the Principal Act the following section is inserted:
Remuneration of Chairman of State Council
“20a. (1) Subject to this section, the Chairman of a State Council shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.
“(2) The Chairman of a State Council shall be paid such allowances as are prescribed.
“(3) Sub-sections (1) and (2) have effect subject to the Remuneration Tribunals Act 1973.”.
Allowances of members and deputy members of councils
5. Section 25 of the Principal Act is amended by adding at the end thereof the following sub-section:
“(2) In this section, ‘member of a council’ does not include the
6. After section 25 of the Principal Act the following section is inserted:
Member of Parliament, &c.
“25a. If a member of the Executive Board or a member, or a deputy member, of a council is also a member of, or a candidate for election to, the Parliament of the Commonwealth or of a State, he is not entitled to be paid any remuneration or allowances under this Act, but shall be reimbursed such expenses as he reasonably incurs by reason of his attendance at meetings of the Executive Board, a council or a committee set up for the purposes of this Act or of his engagement, whether in Australia or overseas, with the approval of the Executive Board, on business of the Authority.”.
Overview
The Trade Union Training Authority Amendment Act (No. 2) 1978 was enacted to amend the Trade Union Training Authority Act 1975. This Act was introduced to address issues related to the remuneration and allowances for individuals serving in specific roles within the Trade Union Training Authority, particularly focusing on conflicts of interest and the dual roles of individuals in various capacities. Enacted by the Queen, in accordance with the Senate and House of Representatives of the Commonwealth of Australia, the Act aims to ensure that certain positions within the Authority do not allow for dual remunerations where conflicts of interest may arise. The policy objective is to maintain the integrity and independence of the roles by preventing the accumulation of benefits that could potentially compromise the officials' duties and responsibilities.
Scope and Application
The Trade Union Training Authority Amendment Act (No. 2) 1978 amends the Trade Union Training Authority Act 1975, impacting the remuneration and allowances for officials within the trade union training authority framework. The Act applies to individuals in specific roles, such as the National Director, the Chairman of a State Council, and members or deputy members of councils, as well as members of the Executive Board, provided they are also members or candidates for election to the Parliament of the Commonwealth or a State. The Act's jurisdictional reach is national, as it pertains to the Commonwealth of Australia, impacting entities and persons involved in trade union training and governance across the country. The Act does not specify exclusions or thresholds but modifies the remuneration provisions for the mentioned officials, stipulating that certain officials are not entitled to receive remuneration or allowances if they hold other specified positions. The application of the Act may be extended or restricted through subordinate instruments, though the primary text does not detail these instruments.
Key Provisions
The Trade Union Training Authority Amendment Act (No. 2) 1978 introduces several amendments to the Trade Union Training Authority Act 1975. One of the primary additions is section 8da (3), which specifies that if the National Director is a member of the Australian Conciliation and Arbitration Commission, they are not entitled to receive any remuneration or allowances for their role on the Commission. However, their position as National Director remains unaffected by this arrangement. Another significant addition is section 20a (1), which stipulates that the Chairman of a State Council is to be paid remuneration as determined by the Remuneration Tribunal. If there is no such determination in effect, the Chairman shall be paid a prescribed remuneration. Additionally, the Chairman is entitled to prescribed allowances (section 20a (2)), with these provisions being subject to the Remuneration Tribunals Act 1973.
The Act imposes specific obligations on the National Director and the Chairman of a State Council. For instance, if the National Director holds a position on the Australian Conciliation and Arbitration Commission, they must forgo any salary or allowances associated with that role, although their duties as National Director are not compromised. Similarly, the Chairman of a State Council must adhere to the remuneration guidelines set by the Remuneration Tribunal or, in the absence of such guidelines, abide by prescribed remuneration and allowance provisions. These obligations ensure that the remuneration of key officials is managed transparently and consistently with legislative guidelines.
Non-compliance with the remuneration stipulations laid out in the Trade Union Training Authority Amendment Act (No. 2) 1978 could result in serious consequences. While the Act does not explicitly outline offences or penalties for breaches, any failure to adhere to the prescribed remuneration and allowance structures could potentially lead to legal scrutiny or administrative penalties. Given the nature of these provisions, significant deviations from the stipulated guidelines might also invite public or governmental scrutiny, particularly in relation to the transparency and fairness of remuneration practices within the Trade Union Training Authority.