Public Service (Salaries) Regulations (Amendment)

Overview

The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No 200 were enacted to address the need for updated salary classifications and rates within the Foreman designation group in the Department of Transport and Construction. This legislation was introduced by the Public Service Board, with the approval of the Governor-General, to give effect to the Public Service Act 1922. The primary policy objective of these regulations was to establish a new level of classification for non-trades foremen, in line with the recommendations of the Public Service Arbitrator’s Determination No. 517 of 1981, and to adjust salary rates accordingly as per Arbitrator’s Determination No. 43 of 1982. This amendment aimed to accurately reflect the differing levels of responsibility and skill required for various roles within the Foreman group, ensuring equitable remuneration for the work performed. The regulations introduced a new Foreman (Non-trades) Grade 2 position, situated between the existing Foreman (Non-trades) and Senior Foreman levels. This new classification was designed to accommodate the better quality work typically performed at the Foreman level, such as the supervision of large teams or tasks requiring the exercise of judgment. The existing Foreman and Senior Foreman classifications remained unchanged, with the salary rates for the entire Foreman designation group being updated to reflect the changes in classifications and the recommendations from the relevant arbitrator’s determinations.

Scope and Application

The Public Service (Salaries) Regulations (Amendment) Statutory Rules 1982 No 200 amends Part I of Schedule 3 to the Public Service (Salaries) Regulations by introducing a new level into the Foreman designation group within the Department of Transport and Construction, and by updating salary rates. The amendment applies to officers in the Second, Third, and Fourth Divisions who are employed in the Department of Transport and Construction and are classified under the Foreman designation group. The introduction of a new Non-trades classification level between the existing Foreman (Non-trades) and Senior Foreman follows negotiations with the Commonwealth Foremen’s Association, which were implemented by Public Service Arbitrator’s Determination No. 517 of 1981. Grade 1 represents lesser quality work done at the existing Foreman level, while Grade 2 represents the better quality work done at the existing Foreman level, such as supervision of a large gang or supervision requiring the exercise of judgement. The Senior Foreman work remains unchanged. The salary rates for the Foreman designation group have also been increased, reflecting Arbitrator’s Determination No. 43 of 1982. These amendments extend and restrict application through subordinate instruments, as authorised by the Public Service Act 1922.

Key Provisions

The main operative sections of this legislation, as stated in the explanatory statement, pertain to amendments made to Part I of Schedule 3 of the Public Service (Salaries) Regulations. Specifically, section 1 of Statutory Rules 1982 No 200 introduces a new level within the Foreman designation group in the Department of Transport and Construction and updates the associated salary rates (Section 1). This amendment follows the Arbitrator's Determination No. 517 of 1981, which established a new Non-trades classification level between the existing Foreman (Non-trades) and Senior Foreman positions. Additionally, the salary rates for the Foreman designation group have been increased, in accordance with Arbitrator's Determination No. 43 of 1982. The obligations and requirements imposed by this Act include the establishment of two new Foreman levels, namely Grade 1 and Grade 2, within the Non-trades classification. Grade 1 is intended for lesser quality work, while Grade 2 is for higher quality work involving supervision of larger gangs or requiring the exercise of judgement. The existing Senior Foreman work remains unchanged. Furthermore, the updated salary rates must be applied to these new levels, as determined by the Arbitrator's Determination No. 43 of 1982. In terms of breaches and consequences, the legislation does not explicitly outline any offences, penalties, or civil/criminal consequences for non-compliance. However, given the nature of the Act and its purpose, it can be inferred that failure to adhere to the new salary rates and classification levels may result in legal or administrative repercussions for both the Department of Transport and Construction and the affected employees. It is essential for the department to ensure that all employees are correctly classified and compensated according to the updated regulations. The Public Service Board has the authority to make regulations under section 97(1) of the Public Service Act 1922, subject to the approval of the Governor-General. This power allows the Board to prescribe matters necessary for giving effect to the Act, such as updating salary rates and classification levels. In this case, the Board has exercised its authority to amend the Public Service (Salaries) Regulations in accordance with the Arbitrator's Determinations No. 517 of 1981 and No. 43 of 1982. As such, it is imperative for the department and its employees to comply with the new provisions to ensure the continued smooth operation of the public service.