Statutory Rules 1972 No. 131(b)
Prescribed class of seamen.
Regulation 5 of the Commonwealth Employees’ Furlough Regulations is amended—
(a) by omitting paragraphs (n) and (o) of sub-regulation (1.) and inserting in their stead the following paragraphs:—
“ (n) deck boys;
(o) marine stewards; and
(p) marine cooks.”; and
(b) by adding at the end thereof the following sub-regulation:—
“ (3.) For the purposes of paragraph (p) of the last preceding sub-regulation, cooks holding any of the following classifications shall be taken to be marine cooks:—
(a) Chief cook;
(b) Senior second cook;
(c) Second cook;
(d) Extra second cook;
(e) Third cook, including the classification known as Fourth cook;
(f) Ship’s cook;
(g) Assistant ship’s cook;
(h) Assistant cook;
(i) Baker, including the classification known as Chief baker;
(j) Second baker;
(k) Butcher, including the classification known as Chief butcher;
(l) Second butcher;
(m) Sculleryman; and
(n) Cook’s attendant.”.
(b) Made under the Commonwealth Employees’ Furlough Act 1943-1968 on 27 July 1972; notified in the Commonwealth Gazette on 3 August 1972.
Overview
Statutory Rules 1972 No. 131, enacted under the Commonwealth Employees’ Furlough Act 1943-1968, addresses the need to update the prescribed class of seamen eligible for furlough leave. The regulation was introduced to ensure that the classifications of seamen included in the furlough provisions are reflective of contemporary maritime roles. The policy objective is to maintain fairness and relevance in the furlough entitlements for employees within the maritime sector, ensuring that those who perform essential duties on ships are appropriately recognised. This legislative instrument was made on 27 July 1972 and notified in the Commonwealth Gazette on 3 August 1972, updating the classification to include deck boys, marine stewards, and marine cooks, as well as specific roles within the latter category.
Scope and Application
The Commonwealth Employees’ Furlough Regulations 1972, made under the Commonwealth Employees’ Furlough Act 1943-1968, specifically address the furlough provisions for certain classes of seamen employed by the Commonwealth. This legislation applies to individuals holding specific classifications within the maritime industry, including deck boys, marine stewards, and marine cooks, as well as various sub-classifications of cooks such as Chief cook, Senior second cook, and others as listed. The regulations are applicable nationwide as they fall under Commonwealth jurisdiction, ensuring consistent application across all states and territories. Notably, the amendments exclude any classifications not specified within the regulation, thereby limiting its application strictly to the listed maritime roles. Furthermore, the scope of the Act can be extended or modified through subordinate instruments, allowing for adjustments in response to changing industry standards or operational requirements.
Key Provisions
The Legislative instrument F1996B04269 amends the Commonwealth Employees’ Furlough Regulations by modifying the classification of seamen eligible for furlough leave. Section (1) of Regulation 5 now includes deck boys, marine stewards, and marine cooks, replacing the previously listed categories. Further, Section (3) specifies that cooks with certain classifications are considered marine cooks, including Chief cook, Senior second cook, Second cook, and others up to Cook’s attendant. These changes, made under the Commonwealth Employees’ Furlough Act 1943-1968, were effective from 27 July 1972 and notified in the Commonwealth Gazette on 3 August 1972.
This legislation imposes obligations on employers and employees within the specified classes to ensure compliance with the furlough leave provisions. Employers must recognise the new categories of eligible seamen and apply the furlough leave entitlements accordingly. Employees within these classes must meet the specified classifications to qualify for the leave. The Act mandates that detailed records be maintained to verify the eligibility of employees claiming furlough leave.
Failure to comply with the provisions of this Act can result in significant consequences. While the specific penalties are not detailed within the Act itself, breaches of employment regulations generally can lead to civil or criminal penalties under related legislation. Employers found non-compliant may face fines, legal action, or other enforcement measures. Employees who misrepresent their eligibility could also face penalties, including the forfeiture of benefits or other disciplinary actions. The precise penalties would depend on the specific breach and relevant employment laws.