National Security (Apprenticeship) Regulations (Cth)

STATUTORY RULES.

1940. No. 104.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this seventh day of June, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

National Security (Apprenticeship) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Apprenticeship) Regulations.

Definitions.

2.—(1.) In these Regulations—

“Apprenticeship Authority” means any person or body authorized by a Minister, by notice in the Gazette, to exercise and perform the powers and functions of an Apprenticeship Authority under these Regulations;

“award, determination or agreement” means an award, determination or agreement made under powers conferred by any Act or State Act or Ordinance of a Territory of the Commonwealth;

“trainee apprentice” means a person who is employed in a trade without indentures or other written contract of apprenticeship for the purpose of learning to be a skilled journeyman;

“war service” means—

(a) the service of a member of the Citizen Forces when called out for war service in pursuance of the Defence Act 1903-1939, or during continuous training under that Act or the Naval Defence Act 1910-1934, or the Air Force Act 1923-1939; or

(b) the continuous service under any of those Acts of any person who volunteers and is accepted for such service during the present war.

(2.) Any reference in these Regulations to an employer shall, in relation to any person who is rendering or has rendered war serivce, be construed as including a reference to any person for the time being—

(a) carrying on any undertaking or service in which the first mentioned person was employed immediately prior to the commencement of his war service; or

 

*Notified in the Commonwealth Gazette on 7th June, 1940.

3640.—Price 3d.

 

(b) carrying on any undertaking or service with which that undertaking or service has been amalgamated or in which, immediately prior to the commencement of the employee’s war service, it was comprised.

Suspension of contract of apprenticeship.

3. Where an apprentice, whether before or after the commencement of these Regulations, is or has been absent from his usual employment owing to war service for a period of more than one week, his contract of apprenticeship shall be deemed to have been suspended during the period of such absence, and shall remain suspended until it is revived or cancelled in accordance with the provisions of these Regulations.

Revival of contract of apprenticeship.

4.—(1.) Where an apprentice, whether before or after the commencement of these Regulations, has been absent from his usual employment owing to war service for a period which does not exceed four months at any one time, his contract of apprenticeship shall, by force of this sub-regulation, be revived immediately after the expiry of that period, and the period during which the apprentice was so absent shall not be taken into account as portion of the term of his apprenticeship.

(2.) An apprentice who, whether before or after the commencement of these Regulations, has been absent from his usual employment owing to war service for any period which exceeds four months at any one time may, within two months after the expiry of that period, make application to an Apprenticeship Authority for the revival of his contract of apprenticeship.

(3.) Forthwith on the 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.

(4.) Forthwith on the expiry of the period of fourteen days, the Apprenticeship Authority shall consider the objection (if any), and, unless the objection is upheld, shall determine that the contract of apprenticeship shall, as from such date as it specifies, be revived, and may vary the provisions of the contract of apprenticeship in such manner and to such extent as it deems just and equitable.

(5.) As from the date specified the contract of apprenticeship shall be revived and shall have effect subject to the variations, if any, made by the Apprenticeship Authority.

(6.) Where an employer proves to the satisfaction of the Apprenticeship Authority that he no longer possesses the facilities for the proper training of apprentices, the Apprenticeship Authority may authorize the transfer of the contract of apprenticeship to another employer, or, if that is impracticable, may cancel the contract of apprenticeship.

Failure to make application.

5. If any apprentice fails to make the application, referred to in regulation 4 of these Regulations, within the time prescribed in that regulation, the Apprenticeship Authority shall, on application of the employer, cancel the contract of apprenticeship unless the Apprenticeship Authority is satisfied that the failure to give such notice was occasioned by mistake, absence from the Commonwealth or other reasonable cause.

 

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

6. Notwithstanding anything contained in these Regulations, where a Minister or an Apprenticeship Authority is satisfied that any apprentice has, during any period of his war service, been employed and received instruction in the trade to which he is apprenticed, the Minister or Apprenticeship Authority may, in writing, direct that the period shall be included in the term of his apprenticeship, and thereupon the apprentice shall, for all purposes, be deemed to have served the period under and in accordance with the contract of his apprenticeship in continuation of the period served by him prior to the commencement of his war service.

Number or proportion of apprentices.

7.—(1.) An employer may, during the suspension of a contract of apprenticeship under these Regulations, take and employ another apprentice in the place of the apprentice whose contract of apprenticeship has been suspended if the apprentice has volunteered and been accepted for continuous service during the present war.

(2.) In determining the number of apprentices who may be employed by an employer, or the proportion of apprentices to journeymen, for the purposes of any enactment relating to apprenticeship, or any award, determination or agreement—

(a) any apprentice who has volunteered for and been accepted for continuous service during the present war and whose contract of apprenticeship has been suspended under these Regulations shall, during the period of such suspension, be excluded;

(b) any apprentice who has been called up for continuous training and whose contract of apprenticeship has been suspended under these Regulations shall, if an Apprenticeship Authority so directs, be excluded; and

(c) any journeyman absent from his employment on war service for a period not exceeding four months at any one time but entitled to return thereto on the termination of such war service, and not temporarily replaced, shall be regarded as a journeyman in the employment of the employer.

Right to employment.

8.—(1.) Where a contract of apprenticeship is revived by or under these Regulations the apprentice shall be entitled to resume his employment under the contract, and shall have absolute preference in such employment over any apprentice who may have been engaged during his absence owing to war service, and the employer shall not refuse to permit such an apprentice to resume his employment.

(2.) Where a contract of apprenticeship is revived by or under these Regulations, the Apprenticeship Authority may, if it considers it necessary so to do in order to protect the interests of any apprentice engaged during the period in which the contract was suspended—

(a) if the number of apprentices who may be employed by the employer is limited by any Commonwealth or State Act or Ordinance of a Territory or by any award, determination or agreement—determine the number of apprentices who may be employed by the employer;

(b) in any event—authorize the transfer of any contract of apprenticeship to another employer.

 

(3.) Where the Apprenticeship Authority in pursuance of the last preceding sub-regulation determines the number of apprentices who may be employed by an employer, the employer may employ such number of apprentices.

Trainee apprentices.

9. The provisions of these Regulations shall apply, mutatis mutandis, to and in relation to a trainee apprentice and his employer in the same manner and to the same extent as those provisions apply to and in relation to an apprentice and his employer; and for the purpose of these Regulations, a reference to a contract of apprenticeship shall include a contract of employment of a trainee apprentice.

 

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