Commonwealth Employees’ Furlough (No. 2)
No. 58 of 1968
An Act to amend the Commonwealth Employees’ Furlough Act 1943–1967, as amended by the Commonwealth Employees’ Furlough Act 1968, with respect to certain Leave.
[Assented to 25 June 1968]
BE it enacted by the Queen’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 Commonwealth Employees’ Furlough Act (No. 2) 1968.
(2.) The Commonwealth Employees’ Furlough Act 1943–1967, as amended by the Commonwealth Employees’ Furlough Act 1968, is in this Act referred to as the Principal Act.
(3.) Section 1 of the Commonwealth Employees’ Furlough Act 1968 is amended by omitting sub-section (2.).
(4.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Employees’ Furlough Act 1943–1968.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Grant of extended leave or pay in lieu to Commonwealth employees not entitled to furlough.
3.—(1.) Section 8 of the Principal Act is amended—
(a) by omitting from sub-section (1.) the word “eight” and inserting in its stead the word “four”; and
(b) by omitting paragraph (c) of sub-section (1.) and inserting in its stead the following paragraphs:—
“(c) where the period of service of the Commonwealth employee is less than eight years—two months;
(ca) where the period of service of the Commonwealth employee is not less than eight years but is less than ten years—three months; or”.
(2.) The provision amended by the last preceding sub-section shall, as so amended, be deemed, in relation to a Commonwealth employee who was, on or after the first day of September, One thousand nine hundred and sixty-seven, and before the commencement of this Act, retrenched, within the meaning of the Commonwealth Employees’ Furlough Act 1943-1959 or that Act as amended at any time, after a period of service of not less than four years but less than eight years, to have been in force when the Commonwealth employee was so retrenched.
Overview
The Commonwealth Employees’ Furlough (No. 2) Act 1968, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, seeks to amend the Commonwealth Employees’ Furlough Act 1943–1967 with respect to leave entitlements for certain Commonwealth employees. This Act was introduced to address the need for modifying furlough leave provisions, particularly for employees who were retrenched under certain conditions following a period of service. The primary objective of the Act is to adjust the leave entitlement periods based on the length of service, ensuring that employees who were retrenched after serving for a minimum of four but less than eight years are entitled to a specific duration of leave or pay in lieu. This legislative amendment ensures that affected employees receive fair treatment in accordance with their service duration.
Scope and Application
The Commonwealth Employees’ Furlough (No. 2) Act 1968 is an amendment to the Commonwealth Employees’ Furlough Act 1943–1967, which is referred to as the Principal Act within the legislation. This Act applies specifically to Commonwealth employees who are not entitled to furlough, modifying their eligibility for extended leave or pay in lieu thereof. The amendments to the Principal Act include a reduction in the minimum service period from eight to four years for certain leave entitlements and adjustments to the duration of leave based on the employee's length of service. Notably, the changes are retrospective, applying to employees who were retrenched after four but before eight years of service from 1 September 1967 until the Act's commencement. The Act extends its application to Commonwealth employees across the country, ensuring uniform treatment in the specified circumstances. The geographic reach of this Act is national, applying to all Commonwealth employees within Australia. There are no stated exclusions, exemptions, or thresholds within the Act itself, but it may be further defined or extended by subordinate instruments.
Key Provisions
The Commonwealth Employees' Furlough (No. 2) Act 1968 amends the Commonwealth Employees' Furlough Act 1943–1967 by making changes to the leave entitlements of Commonwealth employees. Specifically, section 3 of the Act modifies section 8 of the Principal Act, reducing the minimum service requirement for extended leave or pay in lieu from eight years to four years (section 3(1)(a)). Furthermore, it alters the leave duration based on the employee's years of service, with employees having served less than eight years now entitled to two months of leave, and those with eight or more years of service entitled to three months (section 3(1)(b)).
Under the amended provisions, Commonwealth employees who were retrenched between 1 September 1967 and the commencement of this Act, and who had served at least four but fewer than eight years, are deemed to have been eligible for the new leave entitlements as if the amendments were in force at the time of their retrenchment (section 3(2)). This ensures that affected employees receive the extended leave or pay in lieu as specified in the updated legislation.
The Act imposes obligations on Commonwealth employees and their employing departments to adhere to the amended leave provisions. Employees who meet the new service criteria are entitled to claim the specified leave or payment in lieu. Departments must ensure that these entitlements are processed correctly and in accordance with the provisions of the Act. The Act requires departments to maintain accurate records of employees' service periods and leave entitlements to facilitate the implementation of these changes.
Breach of the provisions of the Act could result in legal consequences for both the employee and the employing department. While the Act does not explicitly outline specific offences or penalties, any failure to comply with the amended leave entitlements could potentially lead to legal disputes. Employees who are denied their entitled leave or pay in lieu may seek redress through the Fair Work Commission or other relevant tribunals. Departments that fail to implement the provisions correctly may face administrative or legal challenges, potentially resulting in financial penalties or corrective actions.