STATUTORY RULES.
1914. No. 94.
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PROVISIONAL 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 certify that, on account of urgency, the following Regulation under the Commonwealth Public Service Act 1902-1913, should come into immediate operation, and make the Regulation to come into operation forthwith as a “Provisional Regulation.”
Dated this 16th day of July, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
AGAR WYNNE,
For the Prime Minister.
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Regulation 1a is repealed, and the following new Regulation is substituted:—
“1a. Notwithstanding anything contained in these Regulations or in Awards made by the Commonwealth Court of Conciliation and Arbitration upon claims submitted to the said Court in pursuance of the Arbitration (Public Service) Act 1911, the provisions of such Awards, whether made before or after the commencement of this Regulation, shall apply, as from the dates upon which they come into operation, to all officers who are employed under the designations set forth in the Awards.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.8504.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913, enacted on 16th July 1914, addresses the urgent need to establish a consistent application of arbitration awards to Commonwealth public service officers. This legislative instrument was introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, to ensure that the provisions of awards made by the Commonwealth Court of Conciliation and Arbitration, whether existing or new, are uniformly applied to officers designated in those awards. This regulation was aimed at providing immediate effect to address a gap in the enforcement of these awards, ensuring that public service officers were subject to the same terms and conditions as stipulated by the arbitration process. The underlying policy objective was to maintain industrial harmony and fairness in the public service sector by aligning the application of awards with the intent of the Arbitration (Public Service) Act 1911.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 applies to all officers employed under the specific designations outlined in awards made by the Commonwealth Court of Conciliation and Arbitration. This legislation supersedes any conflicting provisions within the existing regulations or previous awards, ensuring that the terms and conditions set forth in these awards govern the employment of officers from the dates they come into operation. This regulation extends to all officers within the Commonwealth, as delineated by the awards, thereby establishing a uniform framework for their employment terms and conditions across the nation. Although the regulation does not explicitly exclude any categories of officers or awards, its primary focus is on aligning the terms of employment as per the arbitration awards, thereby overriding any contrary stipulations that may exist within the current regulatory framework. The regulation does not delineate specific geographic boundaries beyond the Commonwealth, implying its applicability across the entire country.
Key Provisions
The main operative sections of the Provisional Regulation under the Commonwealth Public Service Act 1902-1913, specifically Regulation 1a, establish that any provisions of Awards made by the Commonwealth Court of Conciliation and Arbitration, whether before or after the commencement of this Regulation, will apply to all officers employed under the designations set forth in the Awards (Reg 1a). This means that the terms and conditions laid out in any arbitration awards are to be universally applied to the relevant officers as per their employment designations. It is crucial to note that these provisions override any conflicting elements in the existing Regulations or any other related acts.
The obligations imposed by this Act primarily rest on the officers covered by the Awards to adhere to the terms stipulated by the Arbitration (Public Service) Act 1911. Additionally, it obligates the government and its agencies to ensure that these provisions are implemented correctly and uniformly. Employers must provide the conditions as determined by the Court of Conciliation and Arbitration, including salary, working hours, leave entitlements, and other employment terms as specified.
The Regulation also sets forth consequences for non-compliance with the stipulated provisions. Any breach of the requirements established by these Awards could lead to civil or criminal penalties. While the exact penalties are not specified within the text of the Regulation itself, they are typically detailed in the corresponding Arbitration Act or other related legislation. Penalties for such breaches could include fines or other sanctions, as determined by the relevant authorities. The specifics would depend on the nature and severity of the breach, but the overarching principle is to ensure compliance with the arbitration awards to maintain fair and consistent employment practices within the public service.