National Security (Economic Organization) Regulations (Amendment) (Cth)

STATUTORY RULES.

1947. No. 145.

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*

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 Defence (Transitional Provisions) Act 1946.

Dated this eighth day of October, 1947.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

N. E. McKENNA

for and on behalf of the Minister of State for Post-war Reconstruction.

———

Amendments of the National Security (Economic Organization) Regulations.

Definitions.

1. Regulation 4 of the National Security (Economic Organization) Regulations is amended by omitting the definition of “Industrial Authority”.

2. Part V. of the National Security (Economic Organization) Regulations is repealed and the following Part inserted in its stead:—

“Part V.—Industrial Provisions.

Interpretation.

“14. In this Part—

‘employer’ includes the Crown in right of the Commonwealth or of a State and also includes any authority of the Commonwealth or of a State;

‘Industrial Authority’ means—

(a) the Commonwealth Court of Conciliation and Arbitration;

(b) any other tribunal or person constituted by or under any law of the Commonwealth and having power to determine industrial disputes and make awards or orders in settlement thereof;

* Notified in the Commonwealth Gazette on 10th October, 1947.

  Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946, as amended by Statutory Rules 1947, Nos. 32, 43, 57, 69, 75 and 79 (Statutory Rules 1947, No. 49, which purported to amend these Regulations, were not tabled within the prescribed time and, by virtue of section 48 (3.) of the ActsInterpretation Act 1901-1941, are void and of no effect). The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1942, No. 76, as amended by Statutory Rules 1942, Nos. 81, 110, 127, 145, 160, 218, 221, 224, 248, 257, 293, 318, 332, 344, 425, 458, 490, 537 and 539; 1943, Nos. 21, 60, 76, 142, 190 and 278; 1944, Nos. 52, 83, 99 and 148; 1945, Nos. 11, 14, 45, 71, 91, 116 and 189; and 1946, Nos. 61, 63, 184, 192, 196 and 197.

6271.—Price 3d.

 

(c) any tribunal which is a State Industrial Authority within the meaning of the Commonwealth Conciliation and Arbitration Act 1904-1947;

(d) the Public Service Arbitrator; and

(e)any tribunal, body or person having power under any law to determine rates of remuneration for apprentices;

‘Public Employment Authority’ means an authority established by or under the law of the Commonwealth or of a State or Territory of the Commonwealth and having power to fix the rate of remuneration of an employee of the Commonwealth or of that State or Territory or of any authority established by or under any such law and, in relation to a person who is an officer of the Public Service of the Commonwealth, includes the Public Service Board.

Rates of remuneration not to be altered.

“15.—(1.) Subject to this Part, where a rate of remuneration for any employment is for the time being determined, prescribed or fixed—

(a)by or under a law of the Commonwealth or of a State or Territory of the Commonwealth;

(b) by or under an award, order or determination of an Industrial Authority;

(c) by an industrial agreement; or

(d) by a Public Employment Authority,

an employer shall not pay or offer to pay, and an employee shall not accept or seek to accept, remuneration in respect of that employment at a rate different from the rate so determined, prescribed or fixed and in force for the time being.

“(2.) An industrial award, order or determination which includes provision for an alteration in a rate of remuneration shall not be made by an Industrial Authority by consent or in the absence of objection, unless the Industrial Authority is satisfied, after hearing the parties or otherwise, that the alteration is not opposed to the national interest.

“(3.) An industrial agreement (including an agreement varying an industrial agreement but not including an agreement entered into by a Public Employment Authority) which includes provision for an alteration in a rate of remuneration shall not be made unless the proposed agreement has been submitted in writing for consideration by an Industrial Authority and that Authority has approved the alteration included in the proposed agreement.

“(4.) Before giving its approval to any such alteration the Industrial Authority shall satisfy itself, by hearing the parties or otherwise, that the alteration is not opposed to the national interest.

Increased rates permissible in certain cases.

“16.—(1.) Where, immediately prior to the date of commencement of this regulation—

(a)remuneration was lawfully payable to an employee in respect of any employment; or

(b) remuneration was, in accordance with the lawful practice of an employer, paid to his employees or to the employees included in a class of his employees,

at a rate higher than the rate determined, prescribed or fixed by or under a law, by or under an award, order or determination of an Industrial Authority or by or under an industrial agreement and in

 

force at that date, nothing in this Part shall prevent the employer concerned from paying, or the employee or employees concerned from accepting, remuneration at a rate which does not exceed the rate so determined, prescribed or fixed, and in force for the time being, by an amount greater than the difference between the first-mentioned rate of remuneration and the second-mentioned rate of remuneration.

“(2.) Nothing in this Part shall prevent the payment or acceptance of remuneration at an altered rate where the alteration is made—

(a) in consequence of the promotion of an employee to a higher position;

(b) in consequence of the completion by an employee of an initial period of probation;

(c) for the purpose of granting a periodical or other increment to an employee who, under the terms and conditions of his employment, advances to a maximum rate of remuneration by periodical increments or whose salary range has been prescribed, by or under any law, prior to the commencement of this regulation;

(d)in consequence of the operation according to its tenor of a bonus, piece-work or other system of payment by results in force immediately prior to the commencement of this regulation; or

(e) in consequence of the introduction or variation of a bonus, piece-work or other system of payment by results which has been approved by an Industrial Authority and under which the amount of the payment is related to the output or production of an employee or group of employees.

“(3.) Nothing in this Part shall prevent the payment or acceptance of remuneration in respect of any employment at an altered rate where—

(a)that altered rate is the result of, or consequent upon, a reduction of the ordinary working hours in respect of that employment made by an employer who employs in the same establishment employees in whose ordinary working hours a reduction has been made by or under any provision of a law or an award, order or determination of an Industrial Authority which came or comes into force after the thirteenth day of June, 1947; and

(b) the extent of the first-mentioned reduction does not exceed the extent of the second-mentioned reduction.”.

 

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