National Security (Apprenticeship) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 312.

REGULATIONS TINDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this fifteenth day of July, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

———

Amendments of the National Security (Apprenticeship) Regulations.

Definitions.

1. Regulation 2 of the National Security (Apprenticeship) Regulations is amended—

(a) by omitting from the definition of “Apprenticeship Authority” the words “a Minister” and inserting in their stead the words “the Minister”; and

(b) by inserting after the definition of “award, determination or agreement” the following definition:—

“‘the Minister’ means the Minister of State for Labour and National Service;”.

* Notified in theCommonwealth Gazette on , 1942.

  Stautory Rules 1940, No. 104, as amended by Statutory Rules 1941 No. 219.

4375.—Price 3d. 6/12.6.1941.

2. After regulation 2 of the National Security (Apprenticeship) Regulations the following regulation is inserted:—

Employers to notify Apprenticeship Authorities of apprentices engaged on war service.

“2a. Where an apprentice has become or becomes engaged on war service and an Apprenticeship Authority has not already been notified by the apprentice’s employer, the employer shall forthwith notify an Apprenticeship Authority accordingly.”.

Suspension of contract of apprenticeship.

3. Regulation 3 of the National Security (Apprenticeship) Regulations is amended by inserting after the word “received” the symbol and word “, transferred”.

Revival, &c., of contract of apprenticeship.

4. Regulation 4 of the National Security (Apprenticeship) Regulations is repealed and the following regulation inserted in its stead:—

“4.—(1.) An apprentice who, whether before or after the commencement of this regulation, has been absent from his usual employment owing to his being engaged on war service may, within two months after he ceases to be so engaged, make application to an Apprenticeship Authority for the revival of the contract of apprenticeship.

“(2.) Forthwith on receipt of the application, the Apprenticeship Authority shall give notice in writing to the employer of the receipt of the application, and the employer may, within fourteen days after the receipt of the notice, lodge an objection in writing to the revival of the contract of apprenticeship on the ground that he no longer possesses the facilities for the proper training of the apprentice.

“(3.) Forthwith after the expiration of the period of fourteen days, the Apprenticeship Authority shall consider the application and any objection received from the employer and shall—

(a) determine that the contract of apprenticeship shall, as from such date as it specifies, be revived; or

(b) if the Apprenticeship Authority is satisfied that the employer no longer possesses the facilities for the proper training of the apprentice, authorize the transfer of the contract of apprenticeship to another employer, or, if that is impracticable, cancel the contract of apprenticeship.

“(4.) Where the Apprenticeship Authority determines that the contract of apprenticeship shall be revived, it shall have effect as from the date specified by the Apprenticeship Authority.”.

Period of war service may be included in term of apprenticeship.

5. Regulation 6 of the National Security (Apprenticeship) Regulations is amended by omitting the words “a Minister” and inserting in their stead the words “the Minister”.

6. Regulation 7 of the National Security (Apprenticeship) Regulations is repealed and the following regulation inserted in its stead:—

Number or proportion of apprentices.

“7. Any apprentice whose contract of apprenticeship has been suspended under regulation 3 of these Regulations shall, during the period of suspension, be excluded from the determination of the number of apprentices who may be employed by an employer or the proportion of apprentices to journeymen, for the purposes of any law relating to apprenticeship or of any award, determination or agreement.”.

Repeal of regulation 9.

7. Regulation 9 of the National Security (Apprenticeship) Regulations is repealed.

Provisions where employers engaged on war service, &c.

8. After regulation 10 of the National Security (Apprenticeship) Regulations the following regulations are added:—

“11.—(1.) Where an employer of an apprentice—

(a) is called out for war service in pursuance of the Defence Act 1903-194l or is required to undergo continuous training under that Act, the Naval Defence Act 1910-1934 or the Air Force Act 1923-1941;

(b) intends to volunteer for continuous service during the present war under any of the Acts referred to in the last preceding sub-paragraph; or

(c) by reason of any Act or State Act passed in relation to the present war, or of any regulation, rule, order or proclamation made thereunder, or of any direction, notice, or other notification made or given under the authority of any such Act, State Act, regulation, rule, order or proclamation, ceases to carry on his undertaking or service or any part of his undertaking or service in which any apprentice is employed,

and that employer has not made any arrangements for the carrying on of the undertaking, service, or part thereof, carried on by him, he shall forthwith notify an Apprenticeship Authority that he has been so called out or required to undergo continuous training or intends so to volunteer or has ceased to carry on his undertaking or service or that part of his undertaking or service in which any apprentice is employed, as the case may be, and shall forthwith endeavour—

(d) subject to the terms of the contract of apprenticeship, to arrange with the apprentice for the transfer of the contract, either permanently or for the period of the employer’s service or training or while the employer is not carrying on his undertaking or service or that part of his undertaking or service in which the apprentice is employed;

(e) to arrange with the apprentice (subject to the consent of the Apprenticeship Authority) for the cancellation of his contract of apprenticeship by mutual consent; or

(f) to arrange with the apprentice (subject to the consent of the Apprenticeship Authority) for the suspension of the contract of apprenticeship for the period of the employer’s service or training or while the employer is not carrying on his undertaking or service or that part of his undertaking or service in which the apprentice is employed.

“(2.) Where an arrangement has not been made under paragraph (d), (e) or (f) of the last preceding sub-regulation within fourteen days after the date when the obligation first arises to notify an Apprenticeship Authority under the last preceding sub-regulation, the employer or apprentice may make an application to an Apprenticeship Authority for the transfer, cancellation, or suspension of the contract of apprenticeship, and the Apprenticeship Authority may (after giving such notice, if any, to the apprentice or employer

 

as the Apprenticeship Authority thinks just and considering any objections made by the apprentice or employer) transfer (either permanently or temporarily), cancel or suspend the contract for the period of the employer’s service or while the employer is not carrying on his undertaking or service or that part of his undertaking or service in which the apprentice is employed.

“(3.) Where an employer of an apprentice whose contract of apprenticeship has been suspended under this regulation is or has been absent from his undertaking or service owing to war service or has ceased to carry on his undertaking or service or any part of his undertaking or service in which the apprentice was employed by reason of any of the causes set out in paragraph (c) of sub-regulation (1.) of this regulation, he shall, within two months after the completion of his war service, or within two months after commencing to carry on again his undertaking or service or that part of his undertaking or service in which the apprentice was employed, or within two months after commencing to carry on a similar undertaking or service, and the apprentice may at any time within those two months or within such further time as an Apprenticeship Authority approves, make application to an Apprenticeship Authority—

(a) for the revival of the contract of apprenticeship; or

(b)for the transfer or cancellation of the contract of apprenticeship on the ground that the employer no longer possesses the facilities proper for the training of the apprentice:

Provided that if an apprentice makes an application to the Apprenticeship Authority it shall not be necessary for his employer to make an application also.

“(4.) Forthwith on the receipt of any such application, the Apprenticeship Authority shall give notice in writing thereof to the employer or the apprentice, as the case may be, who may, within fourteen days after the receipt of the notice, submit a statement for consideration by the Apprenticeship Authority before the application is determined.

“(5.) Forthwith on the expiration of the period of fourteen days, the Apprenticeship Authority shall consider the application and any statement received from the employer or apprentice and shall—

(a) determine that the contract of apprenticeship shall, as from such date as it specifies, be revived; or

(b) if the Apprenticeship Authority is satisfied that the employer no longer possesses the facilities for the proper training of the apprentice, authorize the transfer of the contract of apprenticeship to another employer, or if that is impracticable, cancel the contract of apprenticeship.

“(6.) Where the Apprenticeship Authority determines that the contract of Apprenticeship shall be revived, it shall have effect as from the date specified by the Apprenticeship Authority.

Variation of contracts of apprenticeship in certain circumstances.

“12.—(1.) In the exercise of its powers under sub-regulation (3.) of regulation 4, or under sub-regulation (5.) of regulation 11, of these Regulations, the Apprenticeship Authority may review the contract

of apprenticeship and may vary any of its provisions in such manner and to such extent as it deems just and equitable and, if satisfied that the capabilities of the apprentice for the exercise of his trade have increased during the period of suspension of his contract of apprenticeship, it may direct that the period or any portion of the period shall be included in the term of his apprenticeship.

“(2.) Where an Apprenticeship Authority, in pursuance of the last preceding sub-regulation, varies any of the provisions of a contract of apprenticeship, or directs that the period or any portion of the period during which a contract of apprenticeship was suspended shall be included in the term of apprenticeship, the contract shall be deemed to be so varied, and the apprentice shall for all purposes be deemed to have served that period or portion of that period under and in accordance with the contract of his apprenticeship in continuation of the period served by him prior to the suspension of his contract of apprenticeship.

Apprenticeship Authorities may authorize employment of greater number or proportion of apprentices.

“13. An Apprenticeship Authority may, in order that a transfer of a contract of apprenticeship under regulation 11 of these Regulations may be effected, authorize an employer to employ a number of apprentices, or a proportion of apprentices to journeymen, greater than that permitted under any law relating to apprenticeship or under any award, determination or agreement, and it shall be lawful for the employer to employ the greater number or proportion of apprentices accordingly.

Trainee apprentices.

“14.—(1.) The provisions of these Regulations shall apply, mutatis mutandis, to and in relation to trainee apprentices and the employers of trainee apprentices in the same manner and to the same extent as those provisions apply to and in relation to apprentices and the employers of apprentices.

“(2.) For the purposes of these Regulations, any reference to a contract of apprenticeship shall include a reference to a contract of employment of a trainee apprentice.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.