Document ID: chunk:federal_register_of_legislation:C2004A02378:body:0:p24
Version: federal_register_of_legislation:C2004A02378
Segment Type: other
Provision Reference: 
Character Range: 56915–59522

Act 1959 for the purposes of—
     (a) sub-section 22(2) of the Public Service Arbitration Act 1920; and
     (b) sub-section 49a(1) of the Conciliation and Arbitration Act 1904.

"(3) Except as provided in sub-section (1), nothing in a declaration in force under sub-section 89a (1) shall be taken as affecting—
     (a) the application of any law, or of any award, to or in relation to an officer or employee; or
     (b) the terms and conditions of employment of an officer or employee.

"(4) In this section, 'award' includes a determination or other instrument making provision with respect to terms and conditions of employment, being a determination or instrument of a kind similar to an award.".

PART V—AMENDMENT OF THE COMMONWEALTH TEACHING SERVICE ACT

Principal Act
54. The Commonwealth Teaching Service Act 1972 is in this Part referred to as the Principal Act.

55. After section 23 of the Principal Act the following sections are inserted:

No work as directed—no pay
"23a. (1) Where a member of the Service refuses or fails to comply with a direction given by a person having authority to give the direction, being a direction with respect to work that he is performing or is to perform, the Commissioner may declare that the member is not to be paid salary.

"(2) A declaration under sub-section (1) in relation to the refusal or failure of a member of the Service to comply with a direction—
     (a) shall specify the time (which may be a time before the declaration is made but not earlier than the time when the member refused or failed, or first refused or first failed, to comply with the direction) from which the declaration shall have effect, or shall be deemed to have had effect; and
     (b) has effect and shall be deemed to have had effect, according to its tenor, from the time so specified until it is revoked in accordance with this section.

"(3) A member of the Service is not entitled to be paid salary in respect of any period in respect of which a declaration under sub-section (1) has effect, or is to be deemed to have had effect, in relation to him.

"(4) The Commissioner—
     (a) may, at any time, vary or revoke a declaration in force under sub-section (1) either wholly or in relation to a specified member of the Service; and
     (b) shall, upon becoming satisfied that a member of the Service in respect of whom a declaration under sub-section (1) is in force has been complying, or will comply, from a particular time, with all relevant directions with respect to the work that he is performing, or is to perform, given by persons having authority to give