ARBITRATION (PUBLIC SERVICE).
No. 25 of 1929.
An Act to amend the Arbitration (Public Service) Act 1920-1928.
[Assented to 13th December, 1929.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Arbitration (Public Service) Act 1929.
(2.) The Arbitration (Public Service) Act 1920-1928 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Arbitration (Public Service) Act 1920-1929.
Tenure of Arbitrator.
2. Section six of the Principal Act is amended by adding, after sub-section (5.), the following sub-section:—
“(6.) Notwithstanding anything contained in this section, the term of office as Public Service Arbitrator of the person holding that office on the sixth day of November One thousand nine hundred and twenty-nine is hereby extended until the thirty-first day of May One thousand nine hundred and thirty and that person shall, subject to sections eight and nine of this Act, hold and be deemed to have held that office during the period between those dates:
Provided that the Governor-General may by Proclamation further extend such term of office until the thirtieth day of September One thousand nine hundred and thirty.”.
Overview
The Arbitration (Public Service) Act 1929 was enacted by the Parliament of Australia to amend the Arbitration (Public Service) Act 1920-1928, providing a legislative framework for resolving disputes within the public service sector. This Act aimed to address the need for a more flexible and responsive system for arbitration in the public service, ensuring that the processes were aligned with the evolving needs of the sector. The primary objective of the Act was to extend the term of office of the Public Service Arbitrator, providing stability and continuity in the arbitration process during a period of significant change and uncertainty. The Act reflects the intention of the enacting body to safeguard the interests of both public service employees and employers by maintaining an effective arbitration system.
Scope and Application
The Arbitration (Public Service) Act 1929 applies to the public service sector within the Commonwealth of Australia, focusing on the tenure and responsibilities of Public Service Arbitrators. This legislation specifically amends the Arbitration (Public Service) Act 1920-1928, extending the term of office for the Public Service Arbitrator in office on 6 November 1929 until 31 May 1930, with the possibility of further extension by the Governor-General. The Act applies to individuals holding the position of Public Service Arbitrator and the public service entities subject to arbitration. The geographic and jurisdictional reach of this Act is limited to the Commonwealth level, impacting federal public service employees and related arbitration processes. The Act does not specify any exclusions or exemptions, and its application is not extended or restricted by subordinate instruments.
Key Provisions
The Arbitration (Public Service) Act 1929 makes specific amendments to the existing Arbitration (Public Service) Act 1920-1928. The primary change introduced by this Act is the extension of the term of office for the Public Service Arbitrator who held the position on 6th November 1929. According to Section 2, the term is extended until 31st May 1930, with an additional provision allowing the Governor-General to extend it further until 30th September 1930 by Proclamation.
The Act imposes several obligations and requirements on the parties involved. Most notably, Section 2 specifies the conditions under which the term of the Public Service Arbitrator is extended, including the precise dates and the potential for further extension by the Governor-General. The extended term is subject to the conditions outlined in Sections 8 and 9 of the Act, which likely pertain to the powers, duties, and limitations of the arbitrator during this period.
Failure to comply with the provisions of the Arbitration (Public Service) Act 1929 could result in legal consequences. While the Act does not explicitly state the penalties or consequences for non-compliance, breaches of similar legislative provisions typically attract penalties under the relevant statutes. Given the nature of the Act, any significant deviation from its terms could potentially lead to civil or administrative actions, especially if the extended term or the conditions of service are not adhered to. The specifics of such penalties would depend on the interpretation of the law and the context of the breach.