Commonwealth Public Service Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Commonwealth Public Service Act 1902-1915, numbered 1916L00041, was enacted on 29th March 1916 by the Governor-General, acting on the advice of the Federal Executive Council, due to the urgency of the matter. This legislation aimed to address the need to swiftly adjust employment conditions for specific groups within the public service. The regulation was introduced to amend the Commonwealth Public Service Regulations by inserting a new regulation, 136a, which prescribed the conditions of employment for adult male temporary clerks who were members of the Federated Clerks Union of Australia. This change was to take effect from 31st March 1916, as per the Award of the Commonwealth Court of Conciliation and Arbitration. The policy objective behind this regulation was to ensure that the conditions of employment for these specific public servants aligned with the arbitration award, thereby providing a timely and necessary adjustment in response to the evolving industrial landscape.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1915 applies specifically to adult male temporary clerks who are members of the Federated Clerks Union of Australia within the Commonwealth Public Service. The regulation, effective from 31st March 1916, mandates that the conditions of their employment are to be governed by the Award of the Commonwealth Court of Conciliation and Arbitration. This legislation operates at the national level across the Commonwealth of Australia, reflecting the federal jurisdiction and the overarching control of the Commonwealth over the public service. There are no explicit exclusions, exemptions, or thresholds mentioned in the text, but the regulation does extend to all adult male temporary clerks in the specified union within the public service. The regulation also implies that its application may be further defined or extended through subordinate instruments, such as awards and decisions made by the Commonwealth Court of Conciliation and Arbitration.

Key Provisions

The statutory rule 1916, No. 41 under the Commonwealth Public Service Act 1902-1915 is a provisional regulation that was enacted due to urgency and came into operation on 31st March, 1916. This regulation amends the Public Service Regulations by adding a new regulation, numbered 136a, which stipulates that the employment conditions of adult male temporary clerks who are members of the Federated Clerks Union of Australia must adhere to the Award of the Commonwealth Court of Conciliation and Arbitration effective from the same date (Regulation 136a). This regulation operates under the authority of the Governor-General and the Federal Executive Council, as evidenced by the certification dated 29th March, 1916, and is signed by R. M. Ferguson, the Governor-General, and G. F. Pearce, the Acting Prime Minister. The regulation imposes specific obligations on the parties involved, particularly on the Commonwealth Public Service and the Federated Clerks Union of Australia. The Commonwealth Public Service must ensure that the employment conditions of adult male temporary clerks who are union members align with the Award of the Commonwealth Court of Conciliation and Arbitration. This includes aspects such as wages, working hours, leave entitlements, and other terms of employment as specified in the Award. The Federated Clerks Union of Australia, on the other hand, must ensure that its members who are employed as adult male temporary clerks in the Public Service comply with these conditions. Both parties are required to adhere strictly to the provisions outlined in the Award to maintain compliance with the regulation. Failure to comply with the provisions of this regulation could result in various consequences. While the specific offences, penalties, or consequences for breach are not explicitly detailed in the text, it is reasonable to infer that non-compliance with the employment conditions prescribed by the Award could lead to legal action. This might include civil litigation for breach of contract or other related claims. Additionally, there could be administrative penalties or sanctions imposed by the relevant authorities overseeing the Public Service. The exact penalties would depend on the severity and nature of the breach, but they could potentially include fines, disciplinary action against the offending party, or other corrective measures to ensure compliance with the regulation.