Civilian Staff Regulations (Amendment)

Overview

Statutory Rules 1938, No. 8, made under the Defence Act 1903-1934, aims to address the need for adjustments in civilian staff salaries in response to variations in the cost of living. Enacted by the Governor-General in the context of the Commonwealth of Australia, this regulation was issued on 2 February 1938. It seeks to ensure that civilian staff salaries are aligned with changes in the cost of living, as measured by the weighted average retail price index number for the six State capital cities of the Commonwealth. The regulation outlines a structured approach to salary adjustments, reducing salaries when the index number falls below a certain threshold and increasing salaries when it exceeds a specified level. This ensures that the salaries of civilian staff remain fair and reflective of the prevailing economic conditions.

Scope and Application

The Statutory Rules 1938, No. 8, made under the Defence Act 1903-1934, provide regulations for the amendment of civilian staff salaries based on variations in the cost of living. This regulation specifically applies to civilian staff members employed under the Defence Act, including adult males, adult females, and officers under 21 years of age, whose salaries are governed by regulations 116, 117, 117a, and 119c of the Civilian Staff Regulations. The regulation’s jurisdiction is Commonwealth-wide, as it is enacted under federal authority. The regulation ties salary adjustments to the weighted average retail price index number for the six State capital cities, as published by the Commonwealth Court of Conciliation and Arbitration. It details specific salary reductions and increases based on the index number, with adjustments made biannually, in January and July. Notably, the regulation does not explicitly exclude any categories of civilian staff from its application, though it is inherently limited to those whose salaries are regulated by the specified Defence Act provisions.

Key Provisions

The main operative sections of this legislation pertain to the amendment of salary variations for civilian staff based on changes in the cost of living, as indexed by the weighted average retail price index number for the six State capital cities of the Commonwealth. Regulation 117b of the Civilian Staff Regulations is specifically altered to implement this change (section 117b). This regulation stipulates that salaries for adult males, adult females, and officers under 21 years of age will be adjusted according to the index number for the six months ending on the 31st of March or the 30th of September each year. If the index number is below 81.7, salaries will be reduced in specified increments; if it exceeds 83.9, salaries will be increased accordingly. Furthermore, additional fixed amounts are added to the salaries of these categories after any variation has been applied (section 117b(6)-(8)). The Act imposes several obligations and requirements on the parties involved, primarily concerning the calculation and adjustment of salaries. The index number, as determined by the Commonwealth Court of Conciliation and Arbitration, is the basis for these adjustments. Employers must ensure that salary changes are accurately calculated based on the index number and the corresponding tables provided in the regulation. They must also implement these salary adjustments from the commencement of the first fortnightly pay period in July or January of the subsequent year, following the six-month period referenced for the index number. Additionally, employers must treat the fixed amounts added to salaries as integral components of the salary itself (section 117b(6)-(8)). The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance. However, failure to adhere to the mandated salary adjustments could potentially lead to disputes or claims by employees regarding unpaid or incorrectly calculated salaries. Such non-compliance might also attract scrutiny or penalties under broader employment laws or regulations that govern workplace practices and conditions, although these are not detailed in the provided text.