STATUTORY RULES.
1915. No. 37.
REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902-1913.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Commonwealth Public Service Act 1902-1913 to come into operation forthwith.
This Regulation shall supersede Provisional Regulation (Statutory Rule 1914, No. 149) under the said Act, made on the 14th day of October, One thousand nine hundred and fourteen.
Dated this eighteenth day of March, One thousand nine hundred and fifteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
Regulation 94 is amended by adding at the end thereof the following sub-regulations:—
“(2) Where under the provisions of an award of the Commonwealth Court of Conciliation and Arbitration an officer is entitled to payment at the rate of an additional day’s pay for time worked on a holiday, leave in lieu under sub-regulation (1) of this Regulation shall not be granted.
“(3) For the purposes of computing payment at the rate of a day’s pay for time worked on a holiday, the annual salary of the officer shall be divided by three hundred and thirteen.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.2850.—Price 3d.
Overview
The Statutory Rules 1915, No. 37, were enacted under the Commonwealth Public Service Act 1902-1913 to address the issue of leave entitlements for public service officers working on holidays. This regulation, issued by the Governor-General in accordance with the advice of the Federal Executive Council, supersedes a previous provisional regulation made in 1914. The primary objective of this regulation is to clarify the conditions under which officers are entitled to additional pay for working on holidays, and to modify the computation of leave in lieu in such cases. This legislative instrument aims to ensure consistency and fairness in the application of leave and pay provisions for public service officers, reflecting the evolving needs of the public service system during this period.
Scope and Application
The regulation under the Commonwealth Public Service Act 1902-1913 pertains to the amendment of existing provisions concerning the compensation and leave entitlements of officers within the Commonwealth public service. Specifically, the regulation addresses the conditions under which officers are entitled to additional payments for time worked on holidays, and it also modifies the method of calculating these payments. This regulation applies to officers within the Commonwealth public service who are subject to awards made by the Commonwealth Court of Conciliation and Arbitration. It replaces Provisional Regulation 1914, No. 149, and is effective immediately upon enactment. The regulation’s scope is confined to the adjustments in leave entitlements and payment calculations, excluding other forms of compensation and leave that may be governed by different provisions or awards. Subordinate instruments may further extend or specify the application of these regulations, ensuring comprehensive governance of the public service remuneration and leave policies.
Key Provisions
The main operative sections of this regulation pertain to amendments to Regulation 94 of the Commonwealth Public Service Act 1902-1913. Specifically, sub-regulation (2) addresses the entitlement of officers to additional pay for time worked on a holiday, stipulating that leave in lieu under sub-regulation (1) shall not be granted if such entitlement exists (Regulation 94(2)). Furthermore, sub-regulation (3) outlines the method for computing payment at the rate of a day’s pay for time worked on a holiday, requiring the officer's annual salary to be divided by three hundred and thirteen (Regulation 94(3)).
The obligations imposed by this regulation are primarily on public service officers who may be entitled to additional payment for working on a holiday. These officers must adhere to the conditions set out in the regulation, particularly understanding when leave in lieu is not granted (Regulation 94(2)). Additionally, the regulation mandates a specific method for calculating the rate of pay for holiday work, ensuring consistency in remuneration across the public service (Regulation 94(3)).
Breach of the provisions in this regulation could lead to several consequences. If an officer does not comply with the stipulated method for calculating holiday pay, there could be discrepancies in remuneration, leading to disputes or claims. While specific offences and penalties are not detailed in the regulation itself, any non-compliance with public service regulations could potentially result in disciplinary action or legal proceedings under the Commonwealth Public Service Act or other relevant legislation. The precise penalties would depend on the nature and severity of the breach, and could include fines or other administrative sanctions.