High Court of Australia
73 C.L.R.] OF AUSTRALIA. 19
{HIGH COURT OF AUSTRALIA.)
CHALMERS . 3 5 : es : ' PLAINTIFF ;
AND
THE COMMONWEALTH OF AUSTRALIA . Derenpant.
Public Service—State officer—Employment on annual basis— Temporary transfer to H.C. or A. Commonwealth service—Overtime—Rate of remuneration—* Not less favourable" 1946, than immediately prior to transfer—Statutory proviso—" Usual office hours"— =~ Different in State and Commonwealth service—Income Tax (War-time Arrange. SYDNEY, ments) Act 1942-1944 (No. 21 of 1942—No. 32 of 1944), s. 6 (1)—Income Tax Aug. 15. (War-time Arrangements) Regulations (S.R. 1942 No. 375), reg. 14 (1).
MELBOURNE,
The plaintiff was an officer of the public service of New South Wales who Oct. 14. was temporarily transferred to the public service of the Commonwealth by
Latham C.J.
virtue of s. 4 of the Income Tax (War-time Arrangements) Act 1942-1944, Rich, Starke,
Section 6 of that Act provides, with certain immaterial exceptions, that "the ae Ee illiams JJ.
terms and conditions of employment of every transferred officer shall, during the period of transfer, be as prescribed " and a proviso to the section provides, so far as material, that "the rate of remuneration of a transferred officer shall be not less favourable than that to which he would be entitled if he had been transferred at the rate of remuneration to which he was entitled immediately prior to his transfer." The plaintiff was in receipt of an annual salary as an officer in the New South Wales service and the annual salary he
received as a transferred officer was never less than, and at times exceeded,
the annual salary to which he would have been entitled had he remained in the New South Wales service. 'The plaintiff was, however, by virtue of reg, 14 (1) of the Income Tax (War-time Arrangements) Regulations required to work longer hours on being transferred to the Commonwealth service, The plaintiff claimed (i) that, inasmuch as he was, as a transferred officer, required to work longer hours " his rate of remuneration " was less favourable, and that accordingly he had been underpaid; (ii) that reg. 14 (1) of the
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