Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916 No. 60, enacted under the Commonwealth Public Service Act 1902-1915, address the issue of compensating public service officers for working on Sundays. This legislative instrument was made by the Governor-General in Council, following the advice of the Federal Executive Council. The objective is to ensure that officers are fairly remunerated for their time worked on Sundays, while also allowing for reasonable compensatory time off and additional pay in certain circumstances. The regulations outline the rates of pay and the conditions under which officers may be granted time off or additional compensation, ensuring a balance between the demands of the job and the personal time of the officers. The regulations also clarify exceptions and specific conditions, such as the intermittent nature of duties and residency requirements, to provide a comprehensive framework for addressing the problem of Sunday work within the public service. The policy objective is to maintain fair labour practices and to support the wellbeing of public service officers by recognising the additional burden of working outside regular hours.

Scope and Application

The Statutory Rules 1916 No. 60, Regulations under the Commonwealth Public Service Act 1902-1915, applies to officers within the Commonwealth public service who are required to attend for duty on Sundays. These regulations specifically address the payment and compensation for such attendance, detailing the rates and conditions under which overtime and compensatory leave should be granted. The geographic reach of these regulations is confined to the Commonwealth jurisdiction, meaning they apply nationally across Australia. The regulations also provide for exceptions and specific conditions for officers working at radio-telegraph stations, as well as those who reside on the premises where their duties are performed, addressing intermittent or brief Sunday attendances. The regulations do not explicitly mention exclusions but imply that they apply to all Commonwealth public service officers unless otherwise specified, with certain conditions requiring approval from the Commissioner. The application of these regulations can be extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.

Key Provisions

The Regulations under the Commonwealth Public Service Act 1902-1915, specifically Regulation 66, detail the conditions for payment and compensation for officers required to work on Sundays. Section (1) states that officers who must attend for duty on a Sunday are entitled to time and a half pay for their attendance, except where otherwise specified. Section (2) mandates that officers who work a full day on a Sunday should, as far as practicable, receive a day off duty within the subsequent six days. For such attendance, the pay rate is reduced to half a day’s pay. Officers stationed at radio-telegraph stations, who are scheduled to be off duty for fifty-two days in a year, are eligible for additional pay: half a day’s additional pay for a full day’s duty and a proportionate amount for less than a full day’s work. Section (3) provides that if an officer resides on the premises where their duties are performed, they may only claim extra pay for intermittent or brief Sunday attendance if approved by the Commissioner, at a rate of time and a half, not falling below two shillings. The Regulations impose several obligations on the officers and the employing authorities. Officers are entitled to specific compensation for Sunday work under clearly defined conditions. The employing authorities are responsible for ensuring that officers who work full days on Sunday receive a compensatory day off within the next six days, and that officers at radio-telegraph stations are paid additional allowances as stipulated. Furthermore, the Commissioner must approve any claims for extra pay by officers who reside on the premises of their duties and work intermittently or for brief periods on Sundays. Violations of the Regulations, while not explicitly stated, could result in legal consequences under the Commonwealth Public Service Act 1902-1915. Failure to comply with the stipulated conditions for Sunday work pay and compensatory days off could lead to legal action, potentially resulting in fines or other penalties as outlined by the overarching Act. The precise nature and extent of these penalties are not detailed in the Regulations but are subject to the broader provisions of the Act.