statutory Rules 1954, No. 37.(a)
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1. Regulations 137, 13S and 139 of the Conciliation and Arbitration Regulations are repealed and the following Regulations inserted in their stead:—
Definition.
“137. In this Part, ‘Inspector’ means a person who held office as an Inspector under section sixty-four of the Conciliation and Arbitration Act 1904-1951 at the commencement of the Conciliation and Arbitration Act 1952 and is re-appointed as an Inspector in accordance with this Part.
Appointment of Inspectors.
“138.—(1.) A re-appointment as an Inspector, by virtue of the provisions of section sixty-four of the Conciliation and Arbitration Act 1904-1951 as applicable by virtue of sub-section (2.) of section twenty of the Conciliation and Arbitration Act 1952, of a person who held office as an Inspector at the commencement of the last-mentioned Act shall be made by the Minister of State for Labour and National Service.
(2.) The re-appointment shall be for a term not exceeding three years, but may be terminated by the Minister of State for Labour and National Service on the ground of inefficiency, incompetence, misbehaviour or incapacity.
Terms and conditions of appointment.
“139.—(1.) An Inspector shall be paid such salary as is determined by the Public Service Board as being applicable to the work to be performed by the Inspector, not being less than the salary which would be applicable if he were an officer of the Public Service of the Commonwealth employed on similar work.
(2.) Subject to these Regulations, an Inspector is subject to the same conditions with respect to attendance, duties, conduct, hours of duty, overtime, Sunday duty and offences as would be applicable under Divisions 1 and 3 of Part II. of the Public Service Regulations, and Division 6 of Part III. of the Public Service Act 1922-1953, if he were an officer in the Third Division of the Public Service of the Commonwealth employed in the Department of Labour and National Service.”.
Application of amendments.
2. The amendments made by the last preceding regulation apply in relation to re-appointments of Inspectors made after the commencement of these Regulations.
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(a) Made under the Conciliation and Arbitration Act 1904-1952 on 20th April, 1954; notified in the Gazette on 21st April, 1954.
Overview
The statutory rules 1954, No. 37, made under the Conciliation and Arbitration Act 1904-1952, address the need to re-establish the roles and terms of appointment for Inspectors within the framework of the newly enacted Conciliation and Arbitration Act 1952. These regulations were introduced to ensure a smooth transition and continuity in the administration of labour disputes and industrial relations matters by maintaining the integrity and efficiency of the Inspectorate. Enacted on 20th April 1954 and notified in the Gazette on 21st April 1954, these rules were designed to align the appointment and conditions of service of Inspectors with the new legislative environment, ensuring that the Inspectors appointed under the previous Act could continue their roles with appropriate terms and conditions.
Scope and Application
The legislative instrument, Statutory Rules 1954, No. 37, pertains to the Conciliation and Arbitration Act 1904-1952 and specifically addresses the re-appointment of Inspectors within the framework of the Act. These Inspectors, who held their office at the commencement of the Conciliation and Arbitration Act 1952, are to be re-appointed by the Minister of State for Labour and National Service. The scope of this legislation is limited to the re-appointment process, terms and conditions of service, and the application of amendments concerning these Inspectors. The re-appointment is valid for a term not exceeding three years, subject to termination by the Minister on grounds of inefficiency, incompetence, misbehaviour, or incapacity. Inspectors are entitled to a salary set by the Public Service Board, ensuring it is not less than what would apply to a comparable officer in the Commonwealth Public Service, and they are governed by the same conditions as officers in the Third Division of the Public Service of the Commonwealth. The amendments introduced by this regulation apply to any re-appointments occurring after the commencement of the regulations, thereby ensuring a consistent and updated framework for the Inspectors’ roles within the Act.
Key Provisions
The statutory rules, specifically Regulations 137, 13S, and 139 of the Conciliation and Arbitration Regulations, have been repealed and replaced by new regulations. Regulation 137 provides a definition for the term "Inspector," specifying that it refers to a person who held the office of an Inspector under section sixty-four of the Conciliation and Arbitration Act 1904-1951 at the commencement of the Conciliation and Arbitration Act 1952 and has been re-appointed as an Inspector in accordance with the new regulations (Reg 137). The appointment of Inspectors is addressed in Regulation 138, which stipulates that a re-appointment of an Inspector must be made by the Minister of State for Labour and National Service. This re-appointment can last for a term not exceeding three years but can be terminated by the Minister on grounds of inefficiency, incompetence, misbehaviour, or incapacity (Reg 138(1) and (2)). Regulation 139 outlines the terms and conditions of an Inspector's appointment, including the salary, which must be at least what would be applicable if the Inspector were an officer of the Public Service of the Commonwealth employed on similar work, and the conditions of attendance, duties, conduct, hours of duty, overtime, Sunday duty, and offences (Reg 139(1) and (2)).
The regulations impose certain obligations on the parties involved. Inspectors who are re-appointed must adhere to the terms and conditions specified in the new regulations, including the salary and other conditions related to their employment. The Minister of State for Labour and National Service is responsible for the re-appointment of Inspectors and has the authority to terminate their appointments under specified circumstances. Inspectors are expected to perform their duties in accordance with the regulations and any relevant public service rules and acts.
Breaches of the regulations or misconduct by Inspectors may lead to termination of their appointment. The regulations do not specify detailed penalties or consequences for breaches beyond the authority to terminate appointments. However, Inspectors are subject to the same conditions as officers in the Third Division of the Public Service of the Commonwealth, which implies adherence to broader public service regulations and acts governing conduct and duties.