STATUTORY RULES.
1914. No. 138.
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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 30th day of September, One thousand nine hundred and fourteen.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
ANDREW FISHER.
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Sub-regulation (2) of Regulation 66 is amended by adding the following.—
“Provided that in the case of an officer employed at a radiotelegraph station, where the duties are so arranged that the officer is released from duty for fifty-two days in the year, either on Sundays, or on days in lieu of Sundays, the officer shall be allowed, for time worked on Sundays, half a day’s additional pay for a full day’s duty, and a proportionate amount when less than a full day is worked.”
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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.12641.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913, enacted in 1914, addresses the need to provide equitable compensation for officers employed at radiotelegraph stations who are required to work on Sundays or days in lieu of Sundays. This regulation was introduced by the Governor-General in Council due to the urgency of the matter, ensuring that such officers receive appropriate remuneration for their work on these non-standard days. The policy objective of this regulation is to ensure fairness and adherence to the principles of the Commonwealth Public Service Act, providing a clear guideline for additional pay for Sunday work within the public service sector.
This legislative instrument, numbered 1914. No. 138, was enacted to fill a specific gap in the remuneration system for officers in radiotelegraph stations, ensuring they are fairly compensated for their additional duties on Sundays or compensatory days. By amending sub-regulation (2) of Regulation 66, the regulation specifies that officers who are released from duty for fifty-two days in a year will receive half a day's additional pay for a full day's work on Sundays, and a proportionate amount for less than a full day's work, thereby addressing the issue of Sunday work compensation in the public service.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 applies to officers employed at radiotelegraph stations within the Commonwealth of Australia. Specifically, it addresses the pay entitlements for those officers who are released from duty for fifty-two days in the year, either on Sundays or on days in lieu of Sundays. The regulation ensures that such officers receive half a day’s additional pay for a full day's duty worked on Sundays, and a proportionate amount if less than a full day is worked. This amendment highlights the intention to provide fair compensation for officers whose work schedules require them to work on rest days. The regulation's immediate operation underscores the urgency in addressing these pay entitlements, thereby ensuring that officers are appropriately remunerated for their service. The scope of this regulation is limited to officers employed in specific roles within the public service, and it does not extend to other categories of Commonwealth public servants unless similarly situated.
Key Provisions
The Provisional Regulation, numbered 1914 No. 138, amends sub-regulation (2) of Regulation 66 under the Commonwealth Public Service Act 1902-1913. This amendment introduces a special provision for officers employed at radiotelegraph stations (Section 2). It provides that if an officer’s duties are arranged such that they are released from work for fifty-two days in the year, either on Sundays or on days in lieu of Sundays, the officer shall be compensated with half a day's additional pay for a full day's work on Sundays, and a proportionate amount for less than a full day's work. This arrangement is intended to provide equitable compensation for officers who work on Sundays.
The obligations imposed by this regulation are primarily on the employers, who must ensure that officers at radiotelegraph stations who are released from duty for fifty-two days in the year receive the specified additional pay for their work on Sundays. Employers are required to arrange the officers’ duties to comply with the regulation and ensure accurate calculation and payment of the additional compensation. Officers, on their part, must work the designated days and hours as arranged by their employers and report any discrepancies in their pay.
Breaches of this regulation may lead to legal consequences. While the specific offences, penalties, or civil/criminal consequences for non-compliance are not explicitly stated in the provided text, it is reasonable to infer that failure to adhere to the compensation requirements could result in disputes or claims by the affected officers. Such disputes might be addressed under relevant employment or industrial relations legislation, potentially leading to claims for unpaid wages or other remedies available under Australian law. The precise penalties would depend on the findings of any legal proceedings and the applicable laws at the time.