STATUTORY RULES.
1908. No. 36.
PROVISIONAL REGULATION UNDER THE COMMONWEALTH PUBLIC SERVICE ACT 1902.
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 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twelfth day of March, One thousand nine hundred and eight.
NORTHCOTE,
Governor‑General.
By His Excellency's Command,
J.H. KEATING
Minister of State for Home Affairs.
Amendment of Public Service Regulation 104.
Regulation 104 of the Regulations under the Commonwealth Public Service Act 1902 is amended as follows :—
(a) By omitting in the corresponding columns and under the corresponding heads the particulars hereunder set out, relating to the office of Instrument Fitter.
Department and Office. | Minimum yearly rate of Pay. | Scale of Additions. | Maximum yearly rate of Pay. | Remarks. |
Amount | At intervals of not less than— | No. |
| £ | £ | | | £ | |
Postmaster‑General: | | | | | | |
Instrument Fitter, (c) Junior | 39 1st year £13 | One year..... | 6 | 110 | (c) Including Testers. One‑third in Junior Grade and one‑third in Grade I., and one ‑ third in Grade II. |
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Instrument Fitter, Grade I. | 114 | 6 | One year..... | 3 | 132 |
Instrument Fitter, Grade II. | 138 | 6 | One year..... | 3 | 156 |
(b) By inserting in lieu thereof in the corresponding columns and under the corresponding heads the particulars hereunder set out relating to the office of Instrument Fitter.
Department and Office. | Minimum yearly rate of Pay. | Scale of Additions. | Maximum yearly rate of Pay. | Remarks. |
Amount | At intervals of not less than— | No. |
| £ | £ | | | £ | |
Postmaster‑General: | | | | | | |
Instrument Fitter, (c) Junior | 39 1st year £13 | One year..... | 6 | 110 | (c) Including Testers. One‑third of the total number to be in the Junior Grade. |
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Instrument Fitter, Grade I. | 114 | 6 | One year..... | 3 | 132 |
Instrument Fitter, Grade II. | 138 | 6 | One year..... | 3 | 156 |
By Authority: J. Kemp, Government Printer, Melbourne.
Overview
The Provisional Regulation under the Commonwealth Public Service Act 1902, enacted in 1908, was introduced to address the urgent need for amendments to the Public Service Regulation 104. This regulation was issued by the Governor-General in Council, acknowledging the urgency of the situation and allowing the regulation to come into immediate operation. The specific problem it aimed to resolve was the need for an adjustment in the salary scales and distribution of Instrument Fitter roles within the Postmaster-General's Department. The policy objective of this regulation was to ensure that the salary progression and distribution of roles met the operational needs of the department while adhering to the provisions of the Commonwealth Public Service Act 1902.
Scope and Application
The Provisional Regulation under the Commonwealth Public Service Act 1902, certified by the Governor-General and issued on 12 March 1908, modifies the Public Service Regulation 104 by adjusting the pay scales and structure for Instrument Fitters within the Postmaster-General's Department. This amendment applies specifically to the roles of Instrument Fitter, Grade I, and Grade II, as well as the Junior Instrument Fitters, including Testers. The regulation sets forth the minimum, scale of additions, and maximum yearly rates of pay for these positions, along with the intervals at which these increments are to be applied. The regulation is binding on these public service employees, governing their remuneration and conditions of service within the specified department. The regulation's immediate operation underscores its urgency and necessity, highlighting its impact on the public service's operational efficiency and employee satisfaction.
Key Provisions
This Statutory Rule, 1908 No. 36, amends Regulation 104 of the Regulations under the Commonwealth Public Service Act 1902. This amendment pertains specifically to the positions of Instrument Fitter within the Postmaster-General's Department. It involves a revision of the minimum yearly rate of pay and the distribution of Instrument Fitters across different grades. Initially, one-third of Instrument Fitters were to be in the Junior Grade, one-third in Grade I, and one-third in Grade II. The amendment now stipulates that only one-third should remain in the Junior Grade, while the remaining positions will be distributed between Grade I and Grade II, with no explicit mention of the exact distribution among these two grades.
The regulation imposes specific obligations on the Postmaster-General's Department regarding the remuneration and grading of Instrument Fitters. It mandates that the yearly pay rates and intervals of pay additions be adhered to strictly, as outlined in the amended schedule. This includes ensuring that the minimum yearly rate of pay for Junior Instrument Fitters starts at £13 for the first year, with increments of £6 every year until the sixth year, where the maximum yearly rate is set at £14. For Instrument Fitters in Grade I, the minimum yearly rate begins at £114 and increments to a maximum of £132 by the sixth year. Similarly, for those in Grade II, the minimum yearly rate starts at £138, rising to a maximum of £156 by the sixth year.
There are no explicit offences, penalties, or civil/criminal consequences outlined within the regulation itself for non-compliance with the specified pay rates and intervals. However, under the overarching framework of the Commonwealth Public Service Act 1902, failure to adhere to the stipulated regulations could potentially lead to disciplinary actions against the officers responsible for ensuring compliance, as well as possible legal challenges from affected employees regarding unfair remuneration practices. The precise consequences would depend on the interpretation of the broader legislative context and any subsequent administrative or judicial rulings.