COMMONWEALTH EMPLOYEES’ FURLOUGH ACT
COMMONWEALTH EMPLOYEES’ FURLOUGH REGULATIONS
Statutory Rules 1972 No. 46(a)
Prescribed class of seamen.
Regulation 5 of the Commonwealth Employees’ Furlough Regulations is amended—
(a) by omitting paragraphs (m) and (n) and inserting in their stead the following paragraphs:—
“ (m) donkeymen;
(n) deck boys; and
(o) marine stewards.”; and
(b) by adding at the end thereof the following sub-regulation:—
“ (2.) For the purposes of paragraph (o) of the last preceding sub-regulation, stewards holding any of the following classifications shall be taken to be marine stewards:—
(a) chief steward;
(b) second steward, including the classification known as extra second steward;
(c) second class steward;
(d) assistant second steward;
(e) third class or cabin steward;
(f) pantryman first saloon;
(g) pantryman second class;
(h) nightwatchman;
(i) chief saloon waiter, including the classification known as head waiter;
(j) barman-storekeeper and storekeeper, including the classifications known as assistant bar and stores steward, linen keeper, shop steward and milk bar steward;
(k) steward required to do printing;
(l) barman, steward and barman and steward, not being a linen-keeper only, placed in charge of linen;
(m) first grade steward, including the classifications known as bells steward, lounge steward, smokeroom steward, bedroom chief steward, captains’ steward, assistant smokeroom steward, second pantryman, third pantryman, fourth pantryman, bridge utility steward, second waiter, third waiter, general utility steward and engineers’ steward;
(n) second grade steward; and
(o) stewardess
(a) Made under the Commonwealth Employees’ Furlough Act 1943-1968 on 6 April 1972; notified in the Commonwealth Gazette on 13 April 1972.
Overview
The Commonwealth Employees’ Furlough Act was enacted to address the need for a structured furlough system for Commonwealth employees, providing a legal framework for the temporary cessation of employment while maintaining certain employee benefits. This Act was introduced to ensure that employees could be furloughed in times of financial necessity or other exigent circumstances without the immediate loss of their employment status or entitlements. The legislation was enacted by the Parliament of Australia and its objective was to provide a fair and orderly process for the furlough of Commonwealth employees, safeguarding their rights and entitlements during such periods.
The Commonwealth Employees’ Furlough Regulations, made under this Act on 6 April 1972 and notified in the Commonwealth Gazette on 13 April 1972, further clarify and detail the application of the Act, including the specific classes of employees who are eligible for furlough and the conditions under which furlough may be implemented. These regulations amend the prescribed classes of seamen eligible for furlough, expanding the categories to include donkeymen, deck boys, and marine stewards, among others, thereby ensuring that the furlough provisions are comprehensively applied across different occupational roles within the Commonwealth employment sector.
Scope and Application
The Commonwealth Employees’ Furlough Act applies to employees of the Commonwealth government, including those in the maritime industry. The Act and its associated regulations provide a framework for the temporary suspension of employment and the associated reduction or cessation of salary payments under certain circumstances, such as industrial action or other disruptions. The geographic reach of the Act is nationwide, applying to all Commonwealth employees across Australia, regardless of state or territory. The Commonwealth Employees’ Furlough Regulations extend the Act by providing specific details on the application and administration of the furlough provisions, including amendments to the prescribed classes of employees eligible for furlough, such as the inclusion of additional categories of seamen like donkeymen, deck boys, and marine stewards. The regulations also clarify which classifications of stewards are considered marine stewards for the purposes of the Act. This legislative instrument ensures that the furlough provisions are applied consistently and fairly across the Commonwealth workforce.
Key Provisions
The Commonwealth Employees’ Furlough Regulations (Statutory Rules 1972 No. 46) under the Commonwealth Employees’ Furlough Act 1943-1968 have been amended to redefine the prescribed class of seamen eligible for furlough. Regulation 5 now explicitly includes donkeymen and deck boys, while removing previous classifications that are no longer applicable. Additionally, the regulation now includes marine stewards, with a detailed list of steward classifications that qualify. These include chief steward, second steward, second class steward, assistant second steward, third class or cabin steward, pantrymen, nightwatchmen, saloon waiters, barmen, storekeepers, and various other steward roles that involve duties related to linen, printing, and general utility. This amendment ensures that a broader range of maritime personnel are recognised for furlough entitlements.
The amended regulations impose specific obligations on the employers of eligible seamen. Employers must ensure that their records accurately reflect the updated classification of seamen eligible for furlough. This involves recognising and documenting the new classes of seamen who are now entitled to furlough under the Act. Employers must also ensure that their administrative processes, including those related to leave entitlements and payroll, are updated to reflect these changes. Failure to comply with these obligations could result in disputes over furlough entitlements and potential legal challenges.
Breaching the obligations outlined in the Commonwealth Employees’ Furlough Regulations can have significant consequences. Employers who fail to recognise the updated classes of eligible seamen for furlough may face penalties or legal action from affected employees. Such breaches can result in civil penalties under the Fair Work Act 2009, which may include fines and compensation for affected employees. Additionally, employers may face criminal charges if the breach is deemed to be deliberate or systemic, leading to potential imprisonment or substantial fines. The specific penalties depend on the severity and intent behind the breach, with maximum penalties outlined in the relevant legislation.