STATUTORY RULES.
1913. No. 256.
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PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902–1911.
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 1902–1911 should come into immediate operation, and make the Regulation to come into operation forthwith as a “Provisional Regulation.”
Dated this twentieth day of September, One thousand nine hundred and thirteen.
DENMAN,
Governor-General.
By His Excellency’s Command,
JOSEPH COOK.
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1a.—Notwithstanding anything contained in these Regulations or in the Award made by the Commonwealth Court of Conciliation and Arbitration on the twenty-eighth day of April, 1913, upon a claim submitted to the said Court in pursuance of the Arbitration (Public Service) Act 1911, the provision of that Award shall apply, as from the date on which the Award comes into operation, to all officers who are employed under the designations set forth in the Award.
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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.13232.—Price 3d.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902–1911, enacted in 1913, addresses the urgent need to implement certain provisions of an Award made by the Commonwealth Court of Conciliation and Arbitration, dated 28 April 1913, concerning a claim submitted under the Arbitration (Public Service) Act 1911. This provisional regulation was enacted by the Governor-General in Council, reflecting the urgency and importance of the matter. The policy objective is to ensure that the terms of the arbitration award are applied immediately upon its coming into operation, despite any existing regulations or awards, to all officers employed under the designations specified in the award. This legislative instrument underscores the commitment to promptly address employment conditions and terms in the public service, facilitating a timely response to the arbitration process.
Scope and Application
This Provisional Regulation applies to all officers employed under the designations set forth in the Award made by the Commonwealth Court of Conciliation and Arbitration, which was submitted pursuant to the Arbitration (Public Service) Act 1911. The Regulation overrides existing provisions in the Commonwealth Public Service Act 1902-1911 and the Award itself, effective from the date the Award comes into operation. The regulation is a Commonwealth instrument, thus it applies across the entire nation, impacting the public service sector and its officers. The scope of the regulation is limited to the application of the Award's provisions as they relate to the specified officers, without any explicit geographic or jurisdictional restrictions. There are no stated exclusions, exemptions, or thresholds within the regulation itself, although the regulation acknowledges the existence of other legislative instruments that may provide further detail or impose additional conditions. The application of the regulation may be extended or restricted through subordinate instruments issued under the authority of the Commonwealth Public Service Act.
Key Provisions
The main operative sections of the Provisional Regulation under the Commonwealth Public Service Act 1902–1911 (Section 1a) provide that the provisions of the Award made by the Commonwealth Court of Conciliation and Arbitration on 28 April 1913 shall apply to all officers employed under the designations set forth in the Award, as from the date the Award comes into operation. This overrides any conflicting provisions in the Provisional Regulation or in the Award itself, ensuring that the Award’s stipulations take precedence. This section underscores the urgency and specific applicability of the Award’s terms to certain officers within the public service.
The Provisional Regulation imposes several obligations and requirements on the parties involved. Firstly, it mandates that the terms of the Award, as determined by the Commonwealth Court of Conciliation and Arbitration, are to be implemented without delay upon coming into effect. This places a responsibility on employers, such as the Commonwealth, to adhere to the Award’s stipulations regarding the employment conditions of officers. Additionally, officers employed under the specified designations must accept the terms and conditions outlined in the Award, which may include wages, working hours, and other employment-related provisions.
In terms of consequences for breach, the Provisional Regulation does not explicitly state any offences, penalties, or specific consequences for non-compliance with its provisions. However, given its nature as a Provisional Regulation under the Commonwealth Public Service Act 1902–1911, any failure to comply with the Award could potentially lead to legal actions under the broader public service legislation. This might include disputes being brought before the Commonwealth Court of Conciliation and Arbitration or other relevant authorities, where appropriate remedies or enforcement measures might be sought.