Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916/241, made under the Commonwealth Public Service Act 1902-1916, were enacted to address the need for updating the conditions of employment for adult male temporary clerks within the public service. The Commonwealth Public Service Act 1902-1916 provided the legislative framework, and the regulation was established by Sir Arthur Stanley, the Governor of the State of Victoria and its Dependencies, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, on the advice of the Federal Executive Council. The objective of this legislation was to ensure that the conditions of employment for these temporary clerks aligned with the decisions of the Commonwealth Court of Conciliation and Arbitration, which had been in effect since 31st March, 1916. This was aimed at providing a fair and regulated environment for temporary clerks within the public service, ensuring consistency and compliance with the established awards.

Scope and Application

This statutory rule, made under the authority of the Commonwealth Public Service Act 1902-1916, specifically targets the employment conditions of adult male temporary clerks within the Commonwealth Public Service. The regulation, effective from August 10, 1916, amends the existing conditions laid out in the Commonwealth Public Service Regulations, particularly Regulation 136a, by replacing it with the terms prescribed in the Award of the Commonwealth Court of Conciliation and Arbitration, effective from March 31, 1916. This adjustment applies to all adult male temporary clerks employed in the Commonwealth Public Service, ensuring their terms of employment are consistent with the arbitration award. The regulation has a national reach, as it pertains to the Commonwealth Public Service, which operates across all states and territories of Australia. There are no stated exclusions or exemptions within the regulation itself, although broader exemptions or thresholds may be defined elsewhere within the overarching act or related legislation. The application of this regulation can also be extended or restricted through subordinate instruments issued under the authority of the Commonwealth Public Service Act.

Key Provisions

The Regulation made under the Commonwealth Public Service Act 1902-1916 primarily serves to amend existing provisions regarding the employment conditions of adult male temporary clerks within the public service. Specifically, Regulation 136a (subsection 1) repeals a previous regulation and replaces it with new conditions. This new condition mandates that the terms and conditions of employment for adult male temporary clerks must adhere to the Award of the Commonwealth Court of Conciliation and Arbitration, effective from 31 March 1916. This change ensures that temporary clerks are employed under conditions that are consistent with the standards set by the Commonwealth Court of Conciliation and Arbitration, which are presumably intended to cover aspects such as pay, hours of work, and other employment terms. The Regulation imposes specific obligations on the public service and its administrative bodies to ensure compliance with the new employment conditions as outlined in the Award. Public service departments and agencies must review and adjust their existing employment practices for adult male temporary clerks to align with the terms of the Award. This includes ensuring that all temporary clerks are informed of their rights and obligations under the new conditions and that these conditions are incorporated into any employment contracts or agreements. Furthermore, the regulation necessitates that these employment conditions are consistently applied and enforced across all departments and agencies within the public service. Breaches of this Regulation or failure to comply with the mandated conditions of employment could result in legal consequences. Although the specific penalties are not detailed within the text of the Regulation, it can be inferred that non-compliance might be subject to the broader penalties and enforcement mechanisms available under the Commonwealth Public Service Act 1902-1916. These could potentially include administrative sanctions, financial penalties, or other corrective measures as deemed appropriate by the relevant authorities. The precise nature and extent of these penalties would typically be determined in accordance with the administrative and judicial processes established under the Act.