Commonwealth Employees' Furlough Regulations (Amendment)

Administered by Department of Employment and Workplace Relations

Legislation au F1996B04266 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No. 195

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REGULATIONS UNDER THE COMMONWEALTH EMPLOYEES’ FURLOUGH ACT 1943-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Employees’ Furlough Act 1943-1968.

Dated this eighth day of December, 1969.

Paul Hasluck

Governor-General

By His Excellency’s Command,

Minister of State for the Army for and on behalf of the Prime Minister.

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Amendments of the Commonwealth Employees’ Furlough Regulations†

Emoluments included in salary.

1. Regulation 4 of the Commonwealth Employees’ Furlough Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(2.) For the purpose of the Act, salary includes an allowance, in the succeeding sub-regulations of this regulation referred to as ‘group incentive allowance’, payable to a person employed under the Supply and Development Act 1939-1966 in pursuance of a scheme known as a group incentive scheme.

“(3.) The conditions subject to which payments to a person in accordance with the Act are to include amounts by way of, or in respect of, group incentive allowance are—

(a) that the person was employed under the Supply and Development Act 1939-1966 throughout the period of twelve months immediately preceding the date upon which his furlough commences or payment is made in lieu of furlough, as the case may be; and

(b) that the person was not, at any time during that period of twelve months, employed in such a capacity that he was not a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance.

“(4.) Where the salary of a person employed under the Supply and Development Act 1939-1966 includes group incentive allowance but the person was not paid that allowance at the same rate per centum of his weekly salary throughout the period of twelve months referred to in sub-regulation (3.) of this regulation,

 

* Notified in the Commonwealth Gazette on 8 October, 1969.

† Statutory Rules 1957, No. 49, as amended by Statutory Rules 1967, No. 100 and 1968, No. 74.

18439/69—Price 5c 10/16.9.1969


an amount equal to the sum of the following amounts is to be the annual salary, for the purposes of the Act, of the person:—

(a) an amount equal to the annual salary of the person excluding any allowances that are to be included in his annual salary by virtue of these Regulations;

(b) an amount in respect of group incentive allowance equal to the percentage applicable to the person in accordance with the next succeeding sub-regulation of the amount referred to in the last preceding paragraph; and

(c) an amount equal to the sum of the annual amounts payable to the person in respect of each other allowance that is included in the salary of the person by virtue of these Regulations.

“(5.) For the purpose of paragraph (b) of the last preceding sub-regulation, the percentage applicable to a person is the average of the percentages of his weekly salary at which the allowance referred to in sub-regulation (2.) of this regulation payable in pursuance of a group incentive scheme was paid or was to be deemed to have been paid to the person each week during the period of twelve months referred to in sub-regulation (3.) of this regulation.

“(6.) A person employed under the Supply and Development Act 1939-1966 who was a member of a class of persons so employed the members of which were eligible to be paid group incentive allowance, at a particular rate per centum of weekly salary, in respect of a week but was not paid that allowance in respect of that week shall, for the purpose of the application of the last two preceding sub-regulations in relation to the person, be deemed to have been paid that allowance in respect of that week at the same rate per centum of his weekly salary.

“(7.) A reference in this regulation to a class of persons employed under the Supply and Development Act 1939-1966 shall be read as a reference to a class of persons so employed that constitutes a group of persons for the purpose of the scheme referred to in sub-regulation (2.) of this regulation.”.

2. After regulation 5 of the Commonwealth Employees’ Furlough Regulations the following regulation is added:—

Prescribed institutions.

“6.—(1.) Leave of absence granted for the purpose of enabling a Commonwealth employee to engage, whether in Australia or elsewhere, in employment with a prescribed institution, organization or body, or an institution, organization or body that is included in a prescribed class of institutions, organizations or bodies shall be taken to be leave of absence granted for a purpose that is prescribed for the purpose of sub-section (6.) of section 6 of the Act.

“(2.) The reference in the last preceding sub-regulation to a prescribed institution, organization or body or to a prescribed class of institutions, organizations or bodies shall be read as a reference to an institution, organization or body or a class of institutions, organizations or bodies, as the case may be, that is prescribed by the regulations in force from time to time under the Public Service Act 1922-1968 to be a prescribed institution, organization or body or a prescribed class of institutions, organizations or bodies for the purpose of sub-section (1.) of section 72a of that Act.”.

Commencement.

3. The amendments made by regulation 1 of these Regulations shall be deemed to have come into operation on the seventeenth day of November, 1967.

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Printed for the Government of the Commonwealth by W. G. Murray at the Government Printing Office, Canberra

Overview

The Statutory Rules 1969 No. 195, known as the Commonwealth Employees’ Furlough Regulations, were enacted by the Governor-General in accordance with the advice of the Federal Executive Council, under the authority of the Commonwealth Employees’ Furlough Act 1943-1968. These regulations were introduced to provide detailed provisions and amendments regarding the furlough of Commonwealth employees, ensuring that the legislative framework addresses the complexities and specific requirements of employee furloughs. The policy objective of these regulations is to clearly define the conditions and terms under which furloughs are granted, including the inclusion of allowances such as group incentive allowances in the calculation of salary. The amendments, particularly those made in Regulation 1, aim to refine the definition of salary for the purposes of furlough, ensuring that all relevant allowances are appropriately considered. Additionally, the insertion of Regulation 6 provides clarity on the types of institutions and organisations with which Commonwealth employees may engage during their furlough, aligning with the provisions outlined in the Public Service Act 1922-1968. These regulations play a crucial role in maintaining the operational efficiency of the public service by providing a clear and comprehensive framework for managing employee furloughs.

Scope and Application

The Commonwealth Employees’ Furlough Regulations 1969, which are statutory instruments made under the Commonwealth Employees’ Furlough Act 1943-1968, apply to Commonwealth employees who are on furlough leave or who are paid in lieu of furlough leave. These regulations specifically address the calculation of salary for employees who are receiving a group incentive allowance as part of their remuneration under the Supply and Development Act 1939-1966. The regulations also clarify the conditions under which employees are eligible to receive such allowances and how these allowances are to be included in the calculation of salary for furlough purposes. Furthermore, the regulations establish that leave granted for Commonwealth employees to engage in employment with prescribed institutions or bodies, as defined under the Public Service Act 1922-1968, is considered to be leave granted for a prescribed purpose under the Act. The geographic reach of these regulations is confined to the Commonwealth and its employees, irrespective of where the employee may be deployed or where the prescribed institutions or bodies are located. These regulations extend and provide further detail to the application of the Act by clarifying specific aspects of salary calculation and defining the conditions for leave granted to engage with prescribed institutions or bodies.

Key Provisions

The Statutory Rules 1969 No. 195, made under the Commonwealth Employees’ Furlough Act 1943-1968, primarily amend the definition of salary to include certain allowances and specify conditions for such inclusion. Specifically, Regulation 4(2) now includes a 'group incentive allowance' payable to employees under the Supply and Development Act 1939-1966 as part of their salary (Regulation 1). To be eligible for this inclusion, an employee must have been continuously employed under the Supply and Development Act for the preceding twelve months and must have been eligible to receive the group incentive allowance throughout this period (Regulation 4(3)). For employees who did not receive the group incentive allowance at the same rate each week, their annual salary is determined by averaging the weekly rates over the twelve months (Regulations 4(4)–(7)). The Regulations impose several obligations on both the employees and the employers. Employees must meet the specified employment and eligibility criteria to be included in the furlough provisions (Regulation 4). Employers must ensure that employees are aware of the conditions for salary inclusion and must calculate salaries accurately if group incentive allowances vary over the year. Additionally, employers must verify that employees meet the criteria for receiving the group incentive allowance to ensure compliance with the Regulations (Regulation 4(3)). Failure to comply with the provisions of these Regulations can lead to legal consequences. While the document does not explicitly detail penalties, breaches of the regulations could result in enforcement actions under the Commonwealth Employees’ Furlough Act 1943-1968 or other relevant laws. Such actions might include financial penalties or other corrective measures to ensure compliance with the statutory requirements.

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