Commonwealth Public Service Regulations 1913 (Amendment) (Provisional)

Overview

The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 was enacted in 1914 to address immediate administrative needs within the Commonwealth public service. This legislation was introduced by the Governor-General in Council, on the advice of the Federal Executive Council, due to the urgency of the matter, and it came into operation immediately upon certification. The regulation specifically addresses the payment of officers on holiday leave, ensuring that additional payments for time worked on holidays are calculated accurately according to the annual salary divided by 313 days. This amendment was aimed at providing clear guidelines for the calculation of holiday pay for public service officers, thereby addressing a gap in the previous provisions that may have led to inconsistencies in payment calculations.

Scope and Application

The Provisional Regulation under the Commonwealth Public Service Act 1902-1913 applies to officers within the Commonwealth public service who are entitled to payment for time worked on a holiday leave. Specifically, the regulation modifies the circumstances under which additional day’s pay may be granted to such officers. It stipulates that officers who are entitled to an additional day’s pay based on an award of the Commonwealth Court of Conciliation and Arbitration will not be granted leave in lieu, as outlined in sub-regulation (2). Additionally, the regulation provides a method for computing the rate of a day’s pay by dividing the officer’s annual salary by three hundred and thirteen, as detailed in sub-regulation (3). This regulation applies across the Commonwealth, ensuring a standardised approach to holiday leave and pay computations for public service officers. The regulation extends its reach to all officers within the Commonwealth public service, ensuring compliance with the specified conditions for leave and pay entitlements.

Key Provisions

The key operative sections of this Provisional Regulation under the Commonwealth Public Service Act 1902-1913 primarily concern the calculation and conditions for additional pay for officers who work on holidays. Regulation 94 is amended with the addition of two sub-regulations. Sub-regulation (2) states that if an officer is entitled to an additional day’s pay for working on a holiday under the provisions of a Commonwealth Court of Conciliation and Arbitration award, they will not receive this additional pay if it is instead worked as leave in lieu, as stipulated in sub-regulation (1) (1). Sub-regulation (3) provides the method for calculating a day's pay for working on a holiday, which involves dividing the officer's annual salary by 313. The obligations imposed by these provisions are primarily on the officers and the entities responsible for the administration of their pay. Officers must be aware of their entitlements and the conditions under which they may be paid extra for working on holidays. They must also ensure they understand the difference between working on a holiday and working leave in lieu, as the former entitles them to additional pay while the latter does not. The entities responsible for pay administration, such as the Commonwealth Public Service, must ensure they calculate and pay officers correctly according to these provisions. There are no explicit offences, penalties, or civil or criminal consequences outlined for breaches of these provisions within the regulation itself. However, any failure to comply with these provisions could potentially lead to disputes regarding pay, which might be resolved through the Commonwealth Court of Conciliation and Arbitration or other relevant legal channels. It is important for both officers and pay administrators to adhere to these regulations to avoid such disputes and ensure proper compensation for work done on holidays.