Statutory Rules
1976 No. 259
REGULATIONS UNDER THE COMMONWEALTH EMPLOYEES’ FURLOUGH ACT 1943.*
I, THE GOVERNOR-GENERAL of 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.
Dated this thirtieth day of November, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
EVAN ADERMANN
Minister of State for the Northern Territory for and on behalf of the Prime Minister.
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Amendments of the Commonwealth Employees’ Furlough Regulations†
Salary for T.A.A. pilots.
1. Regulation 4a of the Commonwealth Employees’ Furlough Regulations is amended—
(a) by omitting from paragraph (1) (c) the figures and letter “ 10.A. ” and substituting the figure and letter “ 7.A ”; and
(b) by omitting from sub-regulation (8) the definitions of “ the Agreement ” and “ the Award ” and substituting the following definitions:—
“ ‘ the Agreement ’ means the agreement known as the Airline Pilots’ (TAA) Agreement 1975 that was certified pursuant to sections 28 and 88v of the Conciliation and Arbitration Act 1904 by The Flight Crew Officers Industrial Tribunal on 7 June 1976;
‘ the Award ’ means the Award in the decision of The Flight Crew Officers’ Industrial Tribunal given at Melbourne on 11 July 1968, in the matter of Australian Federation of Air Pilots and Ansett Transport Industries (Operations) Limited —Ansett—A.N.A. and the Australian National Airlines Commission (T.A.A.), as varied in the decision of The Flight Crew Officers Industrial Tribunal given on 23 December 1975 in the matter of Australian Federation of Air Pilots and Ansett Transport Industries (Operations) Ltd and Others;”.
* Notified in the Australian Government Gazette on 3 December 1976.
† Statutory Rules 1957, No. 49 as amended by Statutory Rules 1967, No. 100; 1968, No. 74; 1969, Nos. 184 and 195; 1970, No. 124; 1972, Nos. 46 and 131; 1973, No. 86; and 1974, No. 17.
Application.
2. The Commonwealth Employees’ Furlough Regulations as amended by these Regulations apply in relation to the granting of any leave of absence, or authorization of any payment in lieu of leave, under the Act after 31 August 1975.
Overview
The Commonwealth Employees' Furlough Regulations 1976, enacted by the Governor-General in accordance with the advice of the Federal Executive Council, were established to amend the existing regulations under the Commonwealth Employees' Furlough Act 1943. The primary objective of these regulations was to address specific amendments concerning the salary for T.A.A. pilots, ensuring that the updated agreements and awards are reflected in the furlough provisions. This legislative instrument was designed to provide clarity and consistency in the application of furlough leave and payments for Commonwealth employees, particularly in light of the updated industrial agreements and awards for airline pilots. The regulations were meant to ensure that any leave of absence or payments in lieu of leave granted under the Act after 31 August 1975 were processed according to the revised terms.
Scope and Application
The Commonwealth Employees' Furlough Regulations, as amended, apply to all employees of the Commonwealth who are granted leave of absence or authorized payment in lieu of leave under the Commonwealth Employees’ Furlough Act 1943, effective from 31 August 1975. These regulations govern the conditions and procedures for furlough leave, including the adjustments to salary provisions for T.A.A. pilots as outlined in the amendments. The regulations extend to all Commonwealth employees, including those in federal public sector roles, and are applicable across the entire Commonwealth of Australia, thereby ensuring a uniform approach to the administration of furlough leave entitlements and obligations. The scope of these regulations is specifically tailored to address the furlough entitlements of Commonwealth employees, with particular attention to the updated salary provisions for T.A.A. pilots, and does not explicitly state exclusions or exemptions beyond the scope of the amended regulations themselves. The application of these regulations is further governed by subordinate instruments as may be necessary to implement the provisions of the Act.
Key Provisions
The main operative sections of these Regulations under the Commonwealth Employees’ Furlough Act 1943 involve amendments to Regulation 4a, specifically concerning salary for T.A.A. pilots (regulation 1). This regulation modifies the figures and definitions related to the Airline Pilots’ (TAA) Agreement 1975 and the Award in the decision of The Flight Crew Officers’ Industrial Tribunal, reflecting changes agreed upon in June 1976 and July 1968, and varied in December 1975. These changes ensure that the salary figures and legal definitions pertinent to T.A.A. pilots are updated and correctly referenced within the Regulations.
These Regulations impose specific obligations and requirements on the parties they govern. They mandate that the updated salary figures and definitions for T.A.A. pilots be applied in all instances of leave of absence or payment in lieu of leave granted under the Act after 31 August 1975. This ensures consistency and accuracy in the application of furlough entitlements and payments to Commonwealth employees, particularly those in the aviation sector.
There are no explicit offences, penalties, or civil/criminal consequences outlined in these Regulations for non-compliance. However, any breaches of the updated salary provisions could potentially lead to disputes or legal actions under the broader framework of employment law and industrial relations legislation. The precise consequences would depend on the specific circumstances of any alleged non-compliance, and the applicable laws at the time.
These Regulations are designed to bring the legal definitions and salary figures for T.A.A. pilots in line with the most recent industrial agreements and awards. By doing so, they ensure that the entitlements and payments for furlough are accurately reflected and administered. The application of these Regulations to any leave granted or payments made after 31 August 1975 reinforces the importance of adhering to the updated terms and conditions. This comprehensive approach aims to maintain fairness and consistency in the administration of furlough entitlements for Commonwealth employees.