National Security (Blacksmithing Trades Dilution) Regulations (Cth)

STATUTORY RULES.

1941. No..

––––––

REGULATIONS UNDER 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  fourteenth

day of May   , 1941.

Governor-General.

By His Excellency’s Command,

for Acting Minister of State for Defence Co-ordination.

—––––

National Security (Blacksmithing Trades Dilution) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Blacksmithing Trades Dilution) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Labour and National Service.

Objects.

3. The objects of these Regulations are to give effect to the principles embodied in, and to supplement, the arrangement in regard to dilution of blacksmithing trades published in the Gazette of the 29th November, 1940, and made to meet the exceptional circumstances arising in the blacksmithing trades out of the present war, and these Regulations shall be administered accordingly.

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears—

“added tradesman” means an adult person (not being a recognized tradesman) whose engagement or elevation to perform work ordinarily performed by a recognized tradesman is authorized by a Local Dilution Committee and includes a person who by these Regulations is deemed to be an added tradesman;

 

*Notified in the Commonwealth Gazette on, 1941.

2539.—8/5.5.1941.—Price 5d.

“approved industrial establishment” means an establishment declared, in pursuance of these Regulations, to be an approved industrial establishment suitable for training;

“Committee” means a committee established under these Regulations;

“employer” means any person employing persons in blacksmithing operations and includes the Crown (whether in right of the Commonwealth or of a State), and all instrumentalities and authorities of, or under, the Crown (whether in right of the Commonwealth or a State), when employing such persons;

“Local Dilution Committee” means a Local Dilution (Blacksmithing Trades) Committee established under these Regulations;

“recognized tradesman” means a person who, prior to the 29th November, 1940, was employed as a tradesman, or who has qualified or qualifies by service as an apprentice for employment as a tradesman, in any trade to which these Regulations apply;

“Register” means a Register established and maintained in pursuance of these Regulations;

“the basic wage”, in relation to any Commonwealth industrial award or agreement, means the needs basic wage prescribed by, or ascertained in accordance with, the award or agreement, plus any constant loading prescribed by the award or agreement,

“the Central Dilution Committee” means the Central Dilution (Blacksmithing Trades) Committee established under these Regulations;

“the Department” means the Department of Labour and National Service;

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

“trainee” means an adult person (not being an apprentice) who is undergoing a course of training in a technical training establishment or in an approved industrial establishment in accordance with these Regulations with a view to becoming an added tradesman, and includes a person who by these Regulations is deemed to be a trainee.

(2.) For the purposes of these Regulations, the Australian Capital Territory shall be deemed to be part of the State of New South Wales.

Application of Regulations.

5. These Regulations shall apply to the blacksmithing trades specified by the Minister by notice published in the Gazette.

Certain tradesmen and apprentices not to be appointed to or enlisted in the Defence Force.

6. A recognized tradesman or added tradesman to whom these Regulations apply or an apprentice to any of the trades to which these Regulations apply shall not be appointed to or enlisted in the Defence Force of the Commonwealth unless it is intended that his trade skill is to be fully utilized in that Force, and any such recognized tradesman, added tradesman or apprentice appointed to or enlisted in that Force whose trade skill is not being fully utilized therein shall be released from that Force.

Control of dilution.

7. All dilution of labour in the trades to which these Regulations apply shall be wholly controlled in pursuance of these Regulations.

Central Dilution Committee.

8.—(1.) There shall be a Central Dilution (Blacksmithing Trades) Committee consisting of—

(a) a representative of the Minister who shall be the Chairman of the Committee;

(b) a representative of employers; and

(c) a representative of the Blacksmiths’ Society of Australasia.

(2.) The members of the Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(3.) There shall be a Secretary to the Committee who shall be appointed by the Minister and shall attend all meetings of the Committee and take and maintain a record of all business transacted at such meetings.

(4.) The powers and functions of the Committee shall be as follows:—

(a) To determine and give directions on any matter referred to it by a Local Dilution Committee or the Chairman thereof;

(b) To direct and supervise Local Dilution Committees in the general procedure to be followed in the exercise of powers Conferred on, or in the performance of the functions assigned to, those Committees by these Regulations;

(c) To advise the Minister as to the form of agreement to be signed by any person in accordance with the provisions of these Regulations;

(d) To advise the Minister as to the form of registers to be kept in accordance with these Regulations and the particulars to be entered therein;

(e) To advise the Minister generally in regard to any action considered necessary to give effect to these Regulations; and

(f) In collaboration with the Controller of Technical Training of the Department, to decide the course of training to be undertaken by trainees.

(5.) The Chairman of the Committee shall convene meetings of the Committee as and when required and, in any event, within seven days after the date of receipt by him of an application therefor signed by a member of the Committee.

(6.) Any decision of the Committee on any matter within its powers and functions shall be final.

(7.) In considering any matter referred to in paragraph (a) of sub-regulation (4.) of this regulation, the Committee may hear such evidence as it thinks fit.

(8.) The Central Dilution Committee may make rules, not inconsistent with these Regulations, in relation to the proceedings of that Committee or of any Local Dilution Committee.

Local Dilution Committees.

9.—(1.) There shall be a Local Dilution (Blacksmithing Trades) Committee in each State consisting of—

(a) a representative of the Minister who shall be the Chairman of the Committee;

(b) a representative of employers; and

(c) a representative of the Blacksmiths’ Society of Australasia.

 

(2.) The members of each Local Dilution Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(3.) There shall be a Secretary to each Local Dilution Committee who shall be appointed by the Minister and shall attend all meetings of the Committee and take and maintain a record of all business transacted at such meetings.

(4.) A Local Dilution Committee shall have power to determine any matter arising under these Regulations in the State in which it is established and, without limiting the generality of the foregoing, the Committee shall have power, in relation to that State—

(a) to declare establishments to be approved industrial establishments suitable for training;

(b) to determine the disposition for purposes of training of men to be trained or being trained in approved industrial establishments in accordance with these Regulations;

(c) to determine the allotment of men trained in accordance with the provisions of these Regulations;

(d) to determine whether any and what number of added tradesmen are to be allotted to any employer and whether that number is to be increased or decreased;

(e) to determine the added tradesmen or trainees whose names are to be removed from the register in that State or who are to be suspended from employment or training; and

(f) to advise the Central Dilution Committee with respect to the theoretical and practical training of trainees.

(5.) Notwithstanding anything contained in the last preceding sub-regulation, a person thereunto authorized by the Minister, may by order in writing served on the trainee suspend or terminate the training of any trainee who, in his opinion, is not suitable to be trained but, in the event of any such suspension or termination, the trainee may, within seven days after the service of the order on him, appeal to the Controller of Technical Training of the Department who may confirm, vary or revoke the order.

(6.) The Chairman of a Local Dilution Committee may, and shall, upon the request of a member thereof, refer any matter within its powers and functions to the Central Dilution Committee for decision or direction.

Quorum of Committee.

10. Two members of a Committee shall constitute a quorum of that Committee.

Decision of questions before Committee.

11. All questions arising at any meeting of a Committee shall be decided by a majority of the votes of the members present at the meeting in person or by proxy.

References of matters by Committees for investigation and report.

12. A Committee may refer for investigation and report any matter within its powers and functions to such persons as it may appoint for that purpose.

Deputies of members of Committees.

13. Any member of a Committee may appoint a person to act as his deputy in the event of his absence from any meeting of the Committee from any cause, and the deputy shall, while so acting, have and exercise all the powers and functions of the member.

Dilution may be permitted by a Local Dilution Committee.

14.—(1.) If a Local Dilution Committee is satisfied that sufficient recognized tradesmen are not available, in the State in which it is established to supply the demand therefor in that State, the Committee may—

(a) authorize the engagement or elevation of such number of suitable adult persons as it deems necessary to perform work ordinarily performed by a recognized tradesman; or

(b) authorize the selection of, and select, such number of suitable adult persons as it deems necessary to undergo a course of intensive training in blacksmithing work:

Provided that where it appears to the Central Dilution Committee to be necessary or desirable that the whole or any portion of that number should be selected in a State, other than the State in which the Local Dilution Committee which authorized the selection is established, the whole or such portion of that number as the Central Dilution Committee directs shall be selected by the Local Dilution Committee in such other State as the Central Dilution Committee specifies.

(2.) Every person so selected shall, before undergoing training, enter into an agreement with the Commonwealth to serve, if and as required by the Local Dilution Committee, for the duration of the war in the performance of the duties for which he is trained.

(3.) Every person so selected shall undergo such training as is determined under these Regulations in a technical training establishment or an approved industrial establishment, and—

(a) during his period of training in a technical training establishment, the Commonwealth shall pay him at a rate not less than the rate of the basic wage payable for the time being, under any award of the Commonwealth Court of Conciliation and Arbitration relating to the Engineering and Metal Trades Industries, in the locality where he is being trained:

Provided that in the State of Western Australia the Commonwealth shall pay him at a rate not less than the rate of the basic wage which is payable in the locality in which he is being trained under any award of the Commonwealth Court of Conciliation and Arbitration and which is subject to adjustment in accordance with the “Court’s ‘All Items’ Retail Price Index Number” for that locality; and

(b) during his period of training in an approved industrial establishment, his employer shall pay him at a rate not less than the rate of the basic wage payable for the time being, under the appropriate Commonwealth or State industrial award, agreement or determination, in the establishment in which he is being trained:

 

Provided that, where any trainee is employed on production work ordinarily performed by a recognized tradesman, his employer shall, unless a Local Dilution Committee otherwise determines, pay him at a rate not less than the rate of the wage prescribed by the appropriate industrial award, agreement, determination or regulation for the work on which he is employed in the establishment in which he is being trained:

Provided that, where any trainee is being trained to perform a special class of work rated above that of a tradesman, he shall be trained in an approved industrial establishment, and during such training, his employer shall pay him at a rate not less than the rate of the wage prescribed by the appropriate industrial award, agreement, determination or regulation for tradesmen blacksmiths in the establishment in which he is being trained.

(4.) Any person who, prior to the commencement of these Regulations, has, in pursuance of the provisions of the arrangement specified in regulation 3 of these Regulations, entered into, or purported to enter into an agreement which is subsisting at the commencement of these Regulations, shall be deemed to have entered into an agreement in pursuance of sub-regulation (2.) of this regulation, and, as the case may be, shall, for the purposes of these Regulations, be deemed to be a trainee or added tradesman.

Wages of added tradesmen and apprentices.

15.—(1.) Every employer shall pay to any added tradesman employed by him not less than the wage prescribed by the appropriate industrial award, agreement, determination or regulation for the work on which he is employed.

(2.) Every employer shall pay any blacksmith apprentice serving him in the fifth year of service not less than the wage prescribed for a tradesman blacksmith.

(3.) Such apprentices shall be deemed to be tradesmen for the purpose of computing the number of apprentices who may be employed by an employer.

(4.) An employer may require any such apprentice to transfer as an apprentice to another employer who has undertaken to employ him as such in an establishment approved by a Local Dilution Committee, as suitable for the completion of the training of the apprentice.

Establishment and maintenance of register.

16.—(1.) The Department shall establish and maintain a Register in each State and shall record therein the following particulars relating to trainees and added tradesmen in that State:—

(a) Their names and addresses;

(b) Their ages;

(c) The class of work for which they are being trained or for the performance of which they have been elevated or engaged;

(d) The names and addresses of their employers;

(e) Particulars of their transfers, dismissals, or other changes of employment; and

(f) Such other particulars as the Central Dilution Committee or a Local Dilution Committee from time to time determines.

(2.) All particulars and all papers and documents relating to trainees and added tradesmen furnished in pursuance of the arrangement specified in regulation 3 of these Regulations shall be deemed to have been furnished in accordance with these Regulations.

(3.) Members of a Local Dilution Committee shall have access to the Register and related documents in the State in which the Committee is established and shall be entitled to make copies thereof or take extracts therefrom.

(4.) The Department shall supply to the organizations of employers concerned and the Blacksmiths’ Society of Australasia—

(a) lists of selected applicants for training;

(b) lists of trainees allotted to each technical training establishment and each approved industrial establishment;

(c) lists of employers applying for allotment of trainees, advice as to their allotment, and a schedule of applications for added tradesmen approved by a Local Dilution Committee;

(d) particulars of all added tradesmen registered by the Department and all alterations thereof; and

(e) such other information as the Central Dilution Committee from time to time determines.

Suspended trainees and added tradesmen not to accept employment as engineering tradesmen, &c.

17.—(1.) A trainee or added tradesman whose name has been removed from a Register or who is suspended from training or employment in pursuance of these Regulations shall not accept or continue in employment as a tradesman in any of the trades to which these Regulations apply while his name is so removed or he is so suspended, and an employer shall not engage or continue to employ any such person as a tradesman in any of those trades.

(2.) An employer shall not employ any person as a trainee unless—

(a) the industrial establishment in which the person is to be trained is an approved industrial establishment; and

(b) the person is registered as a trainee and he has not been suspended from training.

(3.) An employer shall not engage or elevate any person (not being a recognized tradesman) to perform work ordinarily performed by a recognized tradesman unless he has first established to the satisfaction of a Local Dilution Committee that his production is prejudiced or his work is retarded by a shortage of recognized tradesmen and has obtained permission from that Committee so to do.

(4.) Every employer who seeks permission to engage or elevate a person to be, or who is employing a person as, an added tradesman shall—

(a) upon seeking such permission furnish a Local Dilution Committee with particulars in writing of the name and address and age of that person and the occupation in which he is to be employed;

(b) furnish that Committee with such other particulars relating to that person as it from time to time determines; and

(c) forthwith notify that Committee in writing of the transfer, dismissal or other change of employment of that person.

(5.) Every employer shall, within thirty days after the commencement of these Regulations, furnish a Local Dilution Committee with particulars in writing of the names, addresses, ages and occupations of all persons (not being recognized tradesmen or apprentices or persons to whom sub-regulation (4.) of regulation 14 of these Regulations applies) who, after the 29th November, 1940, were engaged, or elevated by him, to perform work ordinarily performed by a recognized tradesman, and who, at the commencement of these Regulations, were employed by him to perform such work, and all such persons shall be deemed to be added tradesmen within the meaning of these Regulations.

(6.) Every trainee and added tradesman shall, within seven days after the change, notify the Local Dilution Committee in writing of any change of address or employment.

Added tradesmen not to be employed if recognized tradesmen available.

18.—(1.) To the intent that all recognized tradesmen available and offering for employment who are competent to perform the work required shall be employed before any added tradesman is engaged or elevated, an employer shall not engage or elevate or continue to employ an added tradesman on work ordinarily performed by a recognized tradesman if a recognized tradesman of the same classification who is competent to perform the work required is available and offering for such employment.

(2.) When an employer reduces the number of his employees, he shall not, without the consent of a Local Dilution Committee, dismiss a recognized tradesman while any added tradesman of the same classification is employed by him in the same establishment.

(3.) A recognized tradesman shall not be debarred from employment by reason only of his age or because he is suffering from a minor disability, if a Local Dilution Committee certifies that he is competent to perform the work required.

(4.) The last preceding sub-regulation shall not apply in relation to any undertaking or establishment in respect of which a pension scheme for its employees is in force unless a Local Dilution Committee directs that it shall so apply.

(5.) Every person employed as an added tradesman shall, within seven days after being required by a Local Dilution Committee so to do, enter into an agreement with the Commonwealth to abandon his employment as an added tradesman if and when a recognized tradesman of the same classification, who is declared by a Local Dilution Committee to be competent to perform the work required, is available and offering for such employment.

Added tradesmen not to be included for computation of proportion of apprentices.

19. Added tradesmen shall not be included in the number of tradesmen on which the proportion of apprentices is computed.

Agreements on behalf of Commonwealth.

20. An agreement under these Regulations may be entered into for and on behalf of the Commonwealth by the Minister or by a person thereto authorized by the Minister.

Saving of rights under awards, &c.

21. Except as otherwise provided in these Regulations, nothing in these Regulations shall be construed as depriving any employer or employee of any rights under any industrial award, agreement or determination.

 

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