National Security (Boot Trades Dilution) Regulations (Cth)

STATUTORY RULES.

1942. No. 255.

 

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 fourth day of June, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

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

 

National Security (Boot Trades Dilution) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Boot 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 discussed at a conference of representatives of the Commonwealth, representatives of certain organisations of employers and representatives of the Australian Boot Trade Employees Federation held at Sydney in the State of New South Wales on the twenty-fourth day of September, 1941, and to meet the exceptional circumstances arising in the boot, shoe and slipper manufacturing industry out of the present war, and these Regulations shall be administered accordingly.

Definitions.

4. 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 4th June, 1942.

3916.—Price 5d.

 

“Committee” means a committee established under these Regulations;

“employer” means any person employing persons in the industry 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 (Boot Trades) Committee established under these Regulations;

“recognized tradesman” means a person who, prior to the thirty-first day of October, 1939, 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 Central Dilution Committee” means the Central Dilution (Boot Trades) Committee established under these Regulations;

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

“the Federation” means the Australian Boot Trade Employees Federation;

“the industry” means the boot, shoe and slipper manufacturing industry; and

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

Application of Regulations.

5. These Regulations shall apply to such trades in the industry as are specified by the Minister by notice published in the Gazette.

Control of dilution of labour.

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

Central Dilution Committee.

7.—(1.) There shall be a Central Dilution (Boot Trades) Committee consisting of—

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

(b) two representatives of employers; and

(c) two representatives of the Federation,

(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; and

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

(5.) The Chairman of the Committee shall convene meetings of the Committee as and when required and, in any event, within three 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.

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

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

(b) two representatives of employers; and

(c) two representatives of the Federation.

(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 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; and

(b) to determine the added tradesmen whose names are to be removed from the Register in that State or who are to be suspended from employment.

 

(5.) 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 Committees.

9. Three members of a Committee shall constitute a quorum of that Committee.

Decision of questions before Committee.

10. 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.

Reference of matters by Committees for investigation and report.

11. 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.

12. 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.

13. If a Local Dilution Committee is satisfied that sufficient recognized tradesmen are not available in a State in which it is established to supply the demand therefor in that State, the Committee may authorize the engagement or elevation of such number of suitable persons as it deems necessary to perform work ordinarily performed by a recognized tradesman.

Wages of added tradesmen.

14.—(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.) Upon employing an added tradesman, an employer shall pay to any boot trade apprentice serving him in the fifth or later year of service, not less than the wage so prescribed for a tradesman.

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

Establishment and maintenance of Register.

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

(a) Their names and addresses;

(b) Their ages;

(c)The class of work for which they have been engaged or elevated;

(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.) 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.

 

(3.) The Department shall supply to the organization of employers concerned and the Federation—

(a) lists of persons seeking employment in the industry;

(b) lists of employers applying for added tradesmen and a schedule of applications for added tradesmen approved by a Local Dilution Committee;

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

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

Added tradesmen whose names are removed from Register, &c.

16.—(1.) An added tradesman whose name is removed from a Register shall not accept or continue in employment as a tradesman in the trades to which these Regulations apply while his name is so removed, 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 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.

(3.) 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.

(4.) Every 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.

17.—(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 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.

3916.—2

 

(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.

Non-inclusion of added tradesmen in computation of proportion of apprentices.

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

Agreements on behalf of the Commonwealth.

19. 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.

20. 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.