Commonwealth Numbered Regulations - Explanatory Statements

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STEVEDORING INDUSTRY FINANCE COMMITTEE REGULATIONS 1991 NO. 15

STATUTORY RULES 1991 No. 15

Stevedoring Industry Finance Committee Regulations

(Issued under the Authority of the Minister of Industrial Relations)

Section 31 of the Stevedoring Industry Finance Committee Act 1977 (the Finance Committee Act) authorises the Governor-General to make regulations for the purposes of the Act.

Section 9 of the Stevedoring Industry Legislation Amendment Act 1990 amends section 12 of the Finance Committee Act which authorises the Stevedoring Industry Finance Committee to make payments:

•       to the Association of Employers of Waterside Labour or to individual employers in respect of the provision of prescribed benefits to waterside workers; and

•       to that Association or to eligible persons in respect of the provision of prescribed benefits to eligible employees.

Sub-section 5(1A) of the Acts Interpretation Act 1901 provides that an Act comes into operation on the twenty-eighth day after the Royal Assent is given by the Governor-General. The Royal Assent has been given to the Stevedoring Industry Legislation Amendment Act 1990 which does not contain an alternative commencement provision.

Section 4 of the Acts Interpretation Act 1901 provides that where an Act amends another Act to confer a power to make regulations for the purposes of that Act then the power conferred may be exercised before the Act comes into operation. Such regulations come into force when the Act commences.

The proposed Stevedoring Industry Finance Committee Regulations prescribe benefits for the purposes of sections 10 and 12 of the Finance Committee Act.

Regulation 1 of the proposed Regulations is a formal provision.

Regulation 2 of the proposed Regulations repeals all previous regulations made under the Finance Committee Act.

Regulation 3 of the proposed Regulations is interpretative in nature.

Regulation 4 of the proposed Regulations prescribes certain services and amenities for the purposes of section 10 of the Finance Committee Act. The proposed benefits include the provision of refreshments and canteen facilities as well as health services.

Regulation 5 of the proposed Regulations prescribes benefits to waterside workers for the purposes of paragraph 12(1)(a) of the Finance Committee Act. The benefits are the same as those which were prescribed for the purposes of the repealed section 12 of the Finance Committee Act and include:

•       payments made in accordance with an award or order of the Australian Industrial Relations Commission for travel, accommodation and sustenance for waterside workers temporarily transferred to another port; and

•       payments in respect of sick leave entitlements accruing under an award being entitlements accruing before the commencement of the Finance Committee Act and for which the Australian Stevedoring Industry Authority, which has since been abolished, was liable.

Regulation 6 of the proposed Regulations specifies the benefits contained in clause 6 of the Reform Agreement as benefits for the purposes of paragraph 12(1)(b) of the Finance Committee Act. The Reform Agreement was made between employers and unions associated with the industry. The Commonwealth became a party to the agreement on 31 October 1989. The Reform Agreement benefits are the provision of a one-off early retirement/redundancy package to employees on the waterfront.

Regulation 7 of the proposed Regulations extends the operation of clause 6 of the Reform Agreement to employees of the Conaust group of companies. Those companies resigned from the Association of Employers of Waterside Labour on 6 October 1990. Without giving extended operation to clause 6 of the Reform Agreement those employees would not otherwise benefit under regulation 6 of the proposed Regulations.