Commonwealth Public Service Regulations (Amendment) (Provisional) (Cth)

STATUTORY RULES.

1913. No. 36.

 

PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1911.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Public Service Act 1902-1911 should come into immediate operation, and make the Regulations to come into operation forthwith as “Provisional Regulations.”

Dated this first day of February, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

ANDREW FISHER.

 

Regulations 61, 62, and 63, made under the provisions of the Commonwealth Public Service Act 1902 are repealed, and new Regulations in the following terms are made in lieu thereof:—

61. (1) When attendance beyond the usual hours is considered necessary, and such attendance may involve the payment of overtime under the conditions hereinafter set out, the Officer in Charge shall immediately report, in writing, the circumstances to the Chief Officer, or such other officer as may be approved by the Commissioner. The report shall specify the officer or officers to be employed and the probable duration of the overtime, and the Chief Officer or other approved officer, if satisfied as to the necessity therefor, may sanction the working of overtime.

In emergent cases the Officer in Charge may directly authorize the working of overtime, but in such cases a report shall immediately be made to the Chief Officer.

In any case where it is necessary for an officer to work beyond the usual hours to meet some emergency, and it is not practicable to obtain prior authority, the officer shall immediately upon the completion of

   

C.1562.—Price 3d.

the work report the circumstances, and the Chief Officer, if satisfied as to the necessity for the work, shall authorize the recording of the excess time as overtime.

Atthe end of each calendar month the Officer in Charge shall furnish the Chief Officer with a return of all overtime worked during the month, together with claims of officers for payment at the prescribed rates. No claim for overtime payment shall be recognised unless accompanied by the authority of the Chief Officer or by a certificate from the Officer in Charge that the overtime has been worked by direction.

Payment of claims for overtime shall be made only on the approval of the Chief Officer.

A return shall be forwarded to the Permanent Head quarterly showing overtime worked by each officer in each Branch, Sub-Branch, or Sub-Office during the preceding quarter, the amount paid therefor, and briefly the reasons for requiring the overtime to be worked.

(2) Overtime shall be recorded and paid subject to the provisions of this Regulation and to the following conditions:—

(a) In the case of officers whose hours of attendance are defined by Regulation or otherwise, and who work ordinarily for eight hours a day or less, overtime shall be time worked in excess of eight hours a day.

(b)In the case of officers whose hours of attendance are defined by Regulation or otherwise, and whose regular term of daily duty exceeds eight hours a day, overtime shall be time worked on any day in excess of the regular hours of duty, provided also that in any case, except where otherwise prescribed, time worked in excess of forty-eight hours per week shall be regarded as overtime.

(c) In the case of officers employed between the hours of 8 p.m. and 8 a.m., overtime shall be time worked in excess of seven hours a day, except where otherwise prescribed.

(d) In cases of shift duties, officers may be employed for more than forty-eight hours in any one week, or for more than seven hours between the hours of 8 p.m. and 8 a.m., without being entitled to overtime payment. In such cases, overtime shall be time worked beyond the ordinary shift hours, or where, in acomplete rotation of shifts, an officer may be required to exceed an average of eight hours per shift, overtime shall be the time in excess of such average.

(e) In the case of officers performing telephonists’ duties, or such duties combined with any other work, between the hours of 8 p.m. and 8 a.m., overtime shall be time worked in excess of forty-four hours per week. This provision shall apply only to officers who are required to be in constant attendance at the switchboard during their term of duty, and to whom the provisions of the preceding paragraph would not apply.

(f)Notwithstanding anything contained in the foregoing, in the cases of the following clauses of officers, overtime shall be time worked in excess of the hours shown hereunder:—

Clerical Assistants, Sorters, Postal Assistants, and other officers employed wholly or mainly on indoor work whose hours of duty, owing to varying conditions of business, are not fixed within prescribed daily limits:—

Day work............................................	44 hours per week.
Day work, broken, where any break exceeds two hours...............................................	42 hours per week.
Night work, i.e., work commencing after 8 p.m. and terminating before 8 a.m...................	40 hours per week.
Letter Carriers and other officers, excluding Telegraph Messengers, employed wholly or mainly on outdoor work, and whose hours of duty, owing to varying conditions of business, are not fixed within prescribed daily limits	46½ hours per week.
Telegraph Messengers.........................	48 hours per week.
Telegraphists—
Day work.........................................	42 hours per week.
Day work, broken, where any break exceeds two hours............................................	39 hours per week.
Night work, i.e., work commencing after 8 p.m., and terminating before 8 a.m..........	39 hours per week.

Provided that where officers are required to work in alternating weeks or longer periods above and below the hours specified, overtime shall be the aggregate time worked during such alternating periods in excess of the hours specified above multiplied by the number of weeks covered by such periods.

(g)In cases where an officer who has ceased work for the day is recalled to duty, such duty shall be recorded as overtime, and shall include the time necessarily occupied in travelling to the place of duty and returning therefrom.

(h) In cases where an officer is required to perform, outside his usual hours, work for some Department other than that to which he is attached, such work not being compensated for by allowance or payment of similar nature, time thus worked beyond the usual hours shall be regarded as overtime.

(i) In cases where officers are required to work on a Saturday, or some other day in lieu thereof, for portion of a day only, time worked in excess of the usual hours of duty on such day shall be regarded as overtime, provided that in any case where the usual hours of duty on such day are less than four hours, overtime payment shall only be made for time worked in excess of four hours. This provision shall only apply to cases where overtime is computed on a daily basis.

(j) In any case when an officer, in consequence of having worked overtime, is released from ordinary duty, there shall be deducted from any payment to be made for overtime the value, computed at the ordinary rate of pay, of the time during which he has been released from duty.

(k) When overtime is computed on a weekly basis, and a half-holiday, holiday, or holidays occur in any week, and the attendance of the officer on such half-holiday, holiday, or holidays is not required, a deduction at the rate of four hours for a half-holiday, and eight hours for each holiday, shall be made from the number of hours to be worked before overtime can be claimed. A similar deduction shall be made in the case of absences on authorized leave.

(l)In any case not covered by the foregoing, the Commissioner may determine the conditions under which overtime shall be recorded and paid.

(m) Officers not working under close supervision, or whoso hours of duty cannot be definitely determined, such as Inspectors, Postmasters, Detectives, Patrol Officers, Caretakers (inresidence), Boatmen, Messengers, and Watchmen, shall not be entitled to claim overtime except as prescribed in clause (h) of this Regulation, or in such cases as may be specially approved by the Commissioner, nor shall any officer in receipt of salary exceeding £400 per annum be so entitled.

Rate of Payment.

62. Overtime shall be paid for at the rate of time and a quarter based on a day of eight hours, provided that not less than One shilling per hour shall be paid. For the purpose of ascertaining the hourly payment for overtime, the yearly salary shall be divided by 313, and the result multiplied by 5.32. A fraction of a penny in the hourly rate shall not be regarded in computing overtime payment unless it exceeds a halfpenny, when one penny shall be allowed in lieu of the fraction. Overtime shall be calculated to the nearest quarter of an hour.

Meal Allowance.

63. Where an officer, whose ordinary hours of duty are between 8 a.m. and 5 p.m., is required to attend for duty before 6.30 a.m., or to remain on duty after 6.30 p.m., or in any case where an officer is required to commence duty at least two hours before the usual time, or to remain on duty at least two hours beyond the usual time, and such attendance necessitates his obtaining a meal away from home, he shall be granted a meal allowance on the following scale:—

Officers receiving £500 a year and over, 2s. 6d.; over £201 a year and under £500 a year, 2s.; £200 a year and under, 1s. 6d.

A meal allowance shall not be granted when overtime pay is given, but when the amount of the meal allowance would exceed the amount of overtime pay, the meal allowance may be granted instead of overtime pay.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Acting Government Printer for the State of Victoria.