Commonwealth Employees' Furlough Regulations (Amendment)

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Legislation au F1996B04265 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1969 No. 184

 

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 nineteenth day of November, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

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

————

Amendments of the Commonwealth Employees’ Furlough Regulations†

1. After regulation 4 of the Commonwealth Employees’ Furlough Regulations the following regulation is inserted:—

Salary for T.A.A. pilots.

“4a.(1.) For the purposes of the Act, salary includes the following allowances payable to a pilot:—

(a) Zone Allowance;

(b) Command Pay;

(c) the amount payable by virtue of section 24a of the Agreement;

(d) the amount payable by virtue of section 24b of the Agreement;

(e) the amount payable by virtue of section 24c of the Agreement; and

(f) an allowance payable to a pilot who is a Supervisory Pilot within the meaning of the Agreement, being an allowance payable in respect of the performance of the duties of a Supervisory Pilot.

“(2.) The conditions subject to which payments to a pilot in accordance with the Act are to include amounts toy way of, or in respect of, Zone Allowance are—

(a) that the pilot was in receipt of that allowance on the day immediately preceding the relevant date;

(b) that the payments are in respect of a period of furlough taken by the pilot; and

(c) that during that furlough the pilot remains in the Zone in respect of which the allowance is payable or, in the case of a married pilot, his family, during his absence from the Zone, remains in that Zone.

“(3.) The condition subject to which payments to a pilot in accordance with the Act are to include amounts by way of, or in respect of, Command Pay is that the pilot has held, or but for his absence on authorized leave would have held, a command or commands entitling him to Command Pay throughout the year immediately preceding the relevant date.

 

* Notified in the Commonwealth Gazette on 1969.

† Statutory Rules 1957, No. 49, as amended by Statutory Rules 1967, No. 100; 1968, No. 74; and 1969, Nos.              and              .

23698/69—Price 5c 10/27.10.1969


“(4.) The condition subject to which payments to a pilot in accordance with the Act are to include amounts by way of, or in respect of, an allowance referred to in paragraphs (c), (d), (e) or (f) of sub-regulation (1.) of this regulation is that the pilot was entitled to the allowance on the day immediately preceding the relevant date.

“(5.) Where a pilot is paid salary otherwise than by way of uniform amounts in respect of uniform periods, an amount equal to the sum of the following amounts is to be the annual salary, for the purposes of the Act, of the pilot:—

(a) an amount equal to twelve times the amount that would be the pilot’s monthly pay for long service leave if the Award applied to the pilot and his monthly pay for long service leave were calculated as provided in the Award;

(b) an amount equal to the annual rate, applicable to the pilot in accordance with the next succeeding sub-regulation, of any Command Pay payable to him that is included in his salary by virtue of this regulation; and

(c) an amount equal to the sum of the annual rates, applicable to the pilot, or the annual amounts, as the case may be, of each other allowance payable to him that is included in his salary by virtue of these Regulations.

“(6.) For the purposes of paragraph (b) of the last preceding sub-regulation, the annual rate of Command pay applicable to a pilot is—

(a) if he held only one command entitling him to Command Pay throughout the year immediately preceding the relevant date—the annual rate of Command Pay payable in respect of that command; or

(b) if he held more than one command entitling him to Command Pay during that year—the annual rate of Command Pay payable in respect of the command held in that year for which the lowest annual rate is payable.

“(7.) Subject to the next succeeding sub-regulation, for the purposes of this regulation, expressions in this regulation or in the Award have the same meaning as in the Agreement.

“(8.) In this regulation, unless the contrary intention appears—

‘pilot’ means an airline pilot in the service of the Australian National Airlines Commission;

‘the Agreement’ means the Airline Pilots Agreement 1966 being the agreement between Ansett Transport Industries, East-West Airlines, MacRobertson Miller Airlines, Trans-Australia Airlines and airline pilots in the service of those employers as represented by the Australian Federation of Air Pilots signed on the third day of May, 1967;

‘the Award’ means the Award in the Decision of the Flight Crew Officers’ Industrial Tribunal given at Melbourne on the eleventh day of 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.);

‘the relevant date’, in relation to a pilot, means the date on which his furlough commences or as at which payment in lieu of furlough is made.”.

Application.

2. The amendment made by the last preceding regulation shall be deemed to have come into operation on the nineteenth day of March, 1968.

———————

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

Overview

The Commonwealth Employees' Furlough Regulations 1969, made under the authority of the Commonwealth Employees' Furlough Act 1943-1968, address the need for clear and consistent regulations governing furlough entitlements for Commonwealth employees, including pilots. Enacted by the Governor-General in Council, these regulations aim to provide precise definitions and conditions for salary inclusions and furlough payments, ensuring that employees receive their entitlements accurately. This legislative instrument was developed to offer a comprehensive framework that aligns with the terms of the Airline Pilots Agreement 1966 and the Flight Crew Officers' Industrial Tribunal Award of 1968, thereby formalising the allowances and conditions pertinent to furlough periods for airline pilots.

Scope and Application

The Commonwealth Employees' Furlough Regulations 1969, made under the Commonwealth Employees’ Furlough Act 1943-1968, apply to airline pilots in the service of the Australian National Airlines Commission. Specifically, these regulations address the inclusion of various allowances within the definition of salary for the purpose of calculating furlough payments. The allowances specified include Zone Allowance, Command Pay, and other specific amounts determined by sections of the Airline Pilots Agreement 1966. These regulations ensure that furlough payments account for these allowances if certain conditions are met, such as the pilot being in receipt of the allowance prior to the furlough and remaining within the applicable zone during the furlough period. The geographic and jurisdictional reach of these regulations is limited to the Commonwealth level, applying to federal employees within the specified industry. The regulations do not explicitly state any exclusions or thresholds but rather detail the conditions under which these allowances are included in furlough payments. Additionally, the application of these regulations is further extended and defined through subordinate instruments, which provide clarity on the interpretation and implementation of the allowances within the furlough scheme.

Key Provisions

The main operative sections of these Regulations under the Commonwealth Employees’ Furlough Act 1943-1968, particularly regulation 4a, detail the inclusion of various allowances in the salary of pilots for the purposes of furlough payments (section 4a(1)). The conditions under which these allowances are included in furlough payments are also specified, such as the requirement that the pilot was in receipt of the allowance on the day immediately preceding furlough, and that the pilot or their family, in the case of a married pilot, remains in the applicable zone during the furlough (sections 4a(2)-(4)). Regulation 4a(5)-(7) provide further clarity on how annual salary is calculated when pilot pay varies, and the annual rate of Command Pay is determined based on the commands held by the pilot. Finally, regulation 4a(8) defines key terms used within this regulation. The Regulations impose several obligations on both the employers and employees, particularly pilots, under the Commonwealth Employees’ Furlough Act 1943-1968. Employers are required to ensure that furlough payments include all specified allowances if certain conditions are met, such as the pilot being in receipt of the allowance on the day before furlough or the family remaining in the applicable zone. Pilots, in turn, must satisfy the conditions outlined to be eligible for the inclusion of these allowances in their furlough payments. Additionally, the Regulations clarify the calculation of annual salary for furlough purposes when pilots are paid otherwise than by way of uniform amounts in respect of uniform periods. There are no explicit offences, penalties, or civil/criminal consequences for breach mentioned within these Regulations. However, it can be inferred that failure to comply with the stipulated conditions for including allowances in furlough payments might lead to disputes or legal challenges. The Regulations themselves do not outline specific penalties for non-compliance, but any resulting disputes would likely be addressed under the broader framework of employment law or through industrial tribunals.

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