Public Service Arbitration Amendment Act 1978

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004A01892 Not in force Act

Legislation content

PUBLIC SERVICE ARBITRATION AMENDMENT ACT 1978

No. 93 of 1978

An Act to amend the Public Service Arbitration Act 1920.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Public Service Arbitration Amendment Act 1978.

(2) The Public Service Arbitration Act 1920 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended by adding at the end of the definition of “Conditions of employment” in sub-section (1) the words “, not being terms or conditions of service or employment that relate to, or to the selection, or procedures for the selection, of persons for, appointment, re-appointment, employment or promotion in the Public Service”.

Order in relation to industrial situation

4. Section 12d of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2) the word “or” (last occurring);

(b) by adding at the end of sub-section (2) the following word and paragraph:

“or (c) orders authorizing the standing down of officers or employees (whether members of an organization or not) who are concerned in or affected by, or are likely to be concerned in or affected by, the industrial situation.”; and

(c) by inserting after sub-section (2) the following sub-sections:

“(2a) Where an officer or employee has been stood down under an order made by virtue of paragraph (c) of sub-section (2), he is not entitled, in respect of the stand-down period, to—

(a) any salary, wages or other remuneration;

(b) any allowances of a kind that are to be included in salary for the purposes of, or of any provision of, the Long Service Leave (Commonwealth Employees) Act 1976; or

(c) any other allowances of a prescribed kind.

“(2b) Where an officer or employee has been stood down, under an order made by virtue of paragraph (c) of sub-section (2), from his employment in a qualifying service, within the meaning of the Long Service Leave (Commonwealth Employees) Act 1976, then, for the purposes of that Act, the continuity of that employment of the officer or employee shall be deemed not to be, or to have been, broken by that stand-down period but the officer or employee shall be deemed not to be, or to have been, employed in that service during that stand-down period.

“(2c) Where an officer or employee has been stood down under an order made by virtue of paragraph (c) of sub-section (2)—

(a) any recreation leave credit or sick leave credit that is a relevant credit in relation to the stand-down period; or

(b) where that credit is required to be reduced in accordance with any other law—that credit as so reduced,

shall be reduced, or further reduced, by a period equal to—

(c) where the officer or employee was an officer or employee, as the case may be, for the whole of the relevant period in relation to that credit—

(i) the prescribed fraction of the period of that credit; or

(ii) where that credit is required to be reduced in accordance with any other law—the prescribed fraction of the period of that credit before it is so reduced; or

(d) in any other case—the prescribed fraction of the period that that credit would have been if the officer or employee had been an officer or employee, as the case may be, for the whole of the relevant period in relation to that credit and that credit was not required to be reduced in accordance with any other law,

for each working day, or part of a working day, in the stand-down period (excluding any part of that period that is not included in the relevant period in relation to that credit).

“(2d) For the purposes of the application of sub-section (2c) in relation to an officer or employee who has been stood down as mentioned in that sub-section—

(a) each of the following recreation leave credits or sick leave credits is a relevant credit in relation to the stand- down period:

(i) any recreation leave credit or sick leave credit that, but for sub-section (2c), would accrue to the officer or employee concerned during (but not on first day of) the stand-down period;

(ii) the first recreation leave credit and the first sick leave credit that, but for sub-section (2c), would accrue to the officer or employee concerned after the expiration of the stand-down period;

(b) the relevant period, in relation to a recreation leave credit or a sick leave credit, is the period of 12 months ending on the day immediately before the day of accrual of that credit; and

(c) the prescribed fraction, in relation to an officer or employee, is—

(i) where the officer or employee works a five-

day week—

1

; or

261

(ii) in any other case—

1

313

“(2e) An order made by virtue of paragraph (c) of sub-section (2) authorizing the standing down of officers or employees may include directions not inconsistent with sub-sections (2a), (2b) or (2c) that, for any purpose relating to their conditions of employment as officers or employees that is specified in the order, the stand-down period is not to be taken into account, or is to be taken into account as provided in the order, and any directions so given, unless varied or revoked by another order, have effect notwithstanding any law, or any determination, that is inconsistent with the directions.

 

Overview

The Public Service Arbitration Amendment Act 1978 is an amendment to the Public Service Arbitration Act 1920, enacted by the Parliament of Australia to address specific gaps in the existing public service arbitration framework. This Act introduces additional powers for the Arbitration Commission to make orders in relation to industrial situations, including the authority to order the standing down of officers or employees affected by or likely to be affected by such situations. The policy objective of the amendment is to provide the Commission with greater flexibility in managing industrial disputes within the public service, ensuring that such disputes do not disrupt public service operations unduly. The Act also clarifies the conditions under which officers or employees who are stood down are not entitled to certain benefits, such as salary or leave credits, while maintaining the continuity of their employment for specific statutory purposes. The amendment was designed to refine the powers of the Arbitration Commission to better handle industrial disputes, ensuring that the public service can operate smoothly and effectively. The Act came into operation on the day it received the Royal Assent, reflecting the urgency and importance placed on addressing the gaps in the public service arbitration process. The amendments aim to balance the interests of public service employees and employers by providing a clear legal framework for managing industrial situations while protecting the rights of employees within the public service.

Scope and Application

The Public Service Arbitration Amendment Act 1978 amends the Public Service Arbitration Act 1920, impacting the legislative framework governing the arbitration of public service disputes. This Act applies to officers and employees of the Commonwealth Public Service who are involved in or affected by industrial situations, allowing the Commonwealth Conciliation and Arbitration Commission to make specific orders regarding the standing down of these individuals. The Act does not extend to terms or conditions of service or employment related to the selection or procedures for selection of persons for appointment, re-appointment, employment, or promotion within the Public Service. This legislation operates nationally within the Commonwealth jurisdiction, and its provisions can be further extended or restricted through subordinate instruments, such as regulations or rules, which may provide additional specifics or clarifications on the implementation of the Act. There are no explicit exclusions or exemptions outlined in the primary text of the Act, although it is subject to the broader legal and regulatory environment within which it operates.

Key Provisions

The Public Service Arbitration Amendment Act 1978 (C2004A01892) amends the Public Service Arbitration Act 1920 (Principal Act) to introduce several changes, particularly concerning the standing down of officers and employees. Section 12d of the Principal Act is amended to include a new sub-section (2c), which provides that where an officer or employee has been stood down under an order made by virtue of sub-section (2c), they are not entitled to any salary, wages, or other remuneration during the stand-down period (Section 12d(2a)). Additionally, for the purposes of the Long Service Leave (Commonwealth Employees) Act 1976, the continuity of employment is deemed not to be broken by the stand-down period, although the employee is deemed not to be employed during this period (Section 12d(2b)). The leave credits of the stood-down officer or employee are also subject to a reduction, with the reduction based on a prescribed fraction of the leave credit (Section 12d(2c) and (2d)). Orders authorizing the standing down of officers or employees can include directions regarding the conditions of employment during the stand-down period (Section 12d(2e)). The Act imposes specific obligations on both the officers or employees who are stood down and the entities or individuals who make the orders for standing down. Officers or employees who are stood down are not entitled to salary, wages, or other remuneration, allowances, or leave credits during the stand-down period, as outlined in Sections 12d(2a), (2b), and (2c). The Act also requires that any order for standing down must include directions consistent with Sections 12d(2a), (2b), and (2c) regarding the conditions of employment during the stand-down period (Section 12d(2e)). These obligations ensure that the standing down of officers and employees is managed in a manner that aligns with the provisions of the Act. There are no explicit offences, penalties, or civil or criminal consequences stated within the text of the Public Service Arbitration Amendment Act 1978 for breaches of the Act’s provisions. However, the consequences of non-compliance with the Act's requirements would likely be addressed through administrative or legal proceedings, depending on the specific context and the nature of the breach. The absence of specific penalties in the text suggests that the enforcement and consequences of non-compliance would be determined by other relevant laws or regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.