Commonwealth Public Service Regulations 1913 (Amendment)

Overview

The Statutory Rules 1916, No. 120, made under the Commonwealth Public Service Act 1902-1916, address the need to adjust the employment conditions for adult male temporary clerks who are members of the Federated Clerks' Union of Australia. The Governor-General, acting on the advice of the Federal Executive Council, issued this regulation to supersede the earlier Provisional Regulation (Statutory Rules 1916, No. 41). The amendment inserts a new regulation, 136a, which ensures that the employment conditions for these temporary clerks align with the Award of the Commonwealth Court of Conciliation and Arbitration effective from 31 March 1916. This regulation reflects a policy objective to formalise and standardise the employment terms within the public service to ensure fairness and consistency in accordance with the industrial awards.

Scope and Application

The Statutory Rules 1916, No. 120, made under the Commonwealth Public Service Act 1902-1916, serve to amend the Commonwealth Public Service Regulations by introducing specific conditions of employment for adult male temporary clerks who are members of the Federated Clerks' Union of Australia. This regulation applies to the Commonwealth Public Service and directly affects the employment conditions of the specified group within this service. The regulation is set to supersede Provisional Regulation (Statutory Rules 1916, No. 41), which was previously in effect since March 30, 1916. By mandating adherence to the Award of the Commonwealth Court of Conciliation and Arbitration, this regulation ensures that the employment conditions of these clerks are governed by the terms set forth in the award, which came into effect on March 31, 1916. The jurisdictional reach of this regulation is confined to the Commonwealth level, impacting only those within the Commonwealth Public Service. There are no stated exclusions or exemptions within the text, and the regulation does not extend or restrict its application through subordinate instruments.

Key Provisions

The main operative sections of this regulation, particularly Regulation 136a, stipulate that the conditions of employment for adult male temporary clerks who are members of the Federated Clerks’ Union of Australia will be governed by the Award of the Commonwealth Court of Conciliation and Arbitration, effective from 31 March 1916 (section 1). This regulation supersedes the previous Provisional Regulation (Statutory Rules 1916, No. 41) made on 30 March 1916 (section 1). This amendment ensures that the employment conditions of these clerks are now in alignment with the award made by the Commonwealth Court of Conciliation and Arbitration. The Act imposes several obligations on the parties involved. Firstly, the Commonwealth Public Service is required to adhere to the conditions outlined in the Award of the Commonwealth Court of Conciliation and Arbitration for the specified category of clerks (section 1). The Federated Clerks’ Union of Australia must ensure that their members are aware of and comply with these conditions. Additionally, the clerks themselves must adhere to the terms set forth in the award. Failure to comply with the conditions stipulated in the award could lead to various consequences. The regulation does not explicitly outline specific offences, penalties, or consequences for breach; however, any non-compliance with the terms of the award could potentially lead to disciplinary actions under the Commonwealth Public Service Act 1902-1916. The maximum penalties for breaches under this act may vary depending on the nature and severity of the breach, but they could include fines, suspension, or termination of employment. It is essential for all parties to understand and comply with the award to avoid any adverse consequences.