National Security (Employment of Women) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 294.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 twenty-ninth day of June, 1942.

WAKEHURST

Deputy of the Governor-General.

By His Excellency’s Command,

E. J. WARD

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

———

Amendments of the National Security (Employment of Women) Regulations. 

Definitions.

1. Regulation 4 of the National Security (Employment of Women) Regulations is amended by inserting after the definition of “determination” the following definition:—

“ ‘employer’ includes the Crown (whether in right of the Commonwealth or of a State), and all instrumentalities or authorities of or under the Crown (whether in right of the Commonwealth or of a State);”.

2. After regulation 5 of the National Security (Employment of Women) Regulations the following regulation is inserted:—

Functions of Board.

“5a. Without prejudice to anything contained in these Regulations, the functions of the Board shall be to fix the remuneration, hours and conditions of employment of certain women employed in industry during the emergency created by the present war.”.

* Notified in the Commonwealth Gazette on 30th June, 1942,

 Statutory Rules 1942, No. 146, as amended by Statutory Rules 1942, Nos. 236 and 263.

4656.—Price 3d.

 

Application for permission to employ females.

3. Regulation 6 of the National Security (Employment of Women) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where an employer has, since the second day of March, 1942, employed, is employing, or proposes to employ, females on work which is usually performed by males or work which was, prior to that employment of females, or is, performed by males in the establishment of that employer, or is work which, prior to that employment or proposed employment of females, was not being performed in Australia by any person, the employer shall, unless an application in relation to that employment has already been made, forthwith make application to the Board for a decision in accordance with this regulation.”;

(b) by omitting paragraph (a) of sub-regulation (4.) and inserting in its stead the following paragraph:—

“(a) whether the work specified in the application is work specified in sub-regulation (1.) of this regulation;”;

(c) by omitting from paragraph” (b) of that sub-regulation the words “for which a rate of payment for male employees has been so determined and which is customarily performed by males” and inserting in their stead the words “specified in sub-regulation (1.) of this regulation”;

(d) by inserting in sub-paragraph (i) of that paragraph, after the word “employed”, the words “, or may continue to be employed,”;

(e) by omitting clause (2) of sub-paragraph (v) of that paragraph and inserting in its stead the following clause:—

“(2) during the period of probation, the rate of payment to be made to females employed on that work:

Provided that the rate of payment to be made to any adult female employee shall not be less than sixty per centum of the rate of payment made to adult males employed on work of a substantially similar nature;”;

(f) by omitting from sub-paragraph (vi) of that paragraph all the words to and including the word “work” (second occurring) and inserting in its stead the words “the rate of payment to be made to females employed on that work”;

(g)by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) The Board shall decide a rate of payment under sub-paragraph (vi) of paragraph (b)of sub-regulation (4.) of this regulation which it considers to be just and proper in all the circumstances and shall, as far as is practicable, assess that rate by reference to the efficiency

 

of females in the performance of the work and any other special factors which may be likely to affect the productivity of their work in relation to that of males:

Provided that—

(a) the rate of payment so decided for any adult female employee shall not be less than sixty per centum, nor more than one hundred per centum, of the rate of payment made to adult males employed on work of a substantially similar nature; and

(b) the rate of payment made to any female employee, or to females in respect of the performance of any work, not being a rate decided by the Board, shall not be reduced by any decision of the Board.”.

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

Application by female employee or organization of female employees.

“7. Any female employed on work specified in sub-regulation (1.) of regulation 6 of these Regulations, or any organization of employees to which any such female belongs, may make application to the Board for a determination of the rate of payment to be made to, or the hours and conditions to be observed in respect of, females employed on that work and the Board shall forthwith deal with the application as if it were an application under regulation 6 of these Regulations.”.

Additional powers of Board.

5. Regulation 8 of the National Security (Employment of Women) Regulations is amended by inserting after the word “Board” (second occurring) the words “, or of its own motion”.

Decisions of Board binding on parties to application.

6. Regulation 9 of the National Security (Employment of Women) Regulations is amended by omitting the words “who made the application pursuant to which the decision was made” and inserting in their stead the words “or employers specified in the decision”.

Employment of females in Department of Munitions, &c.

7. Regulation 11 of the National Security (Employment of Women) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “sub-regulation (1.) of regulation 6 of”;

(b)by omitting from that sub-regulation all the words from and including the words “, not requiring” and inserting in their stead the words “reserved to males by any such law or instrument or work specified in sub-regulation (1.) of regulation 6 of these Regulations.”; and

(c) by adding at the end of sub-regulation (4.) the following proviso:—

“Provided that the Board shall not decide that females may not be employed on any such work.”.

Commencement of rate of pay.

8. Regulation 12 of the National Security (Employment of Women) Regulations is amended by inserting after the words “in pursuance of” the words “regulation 6 or regulation 7 of”.

 

9. After regulation 14 of the National Security (Employment of Women) Regulations the following regulation is inserted:—

Manner in which Board may inform itself.

“14a.—(1.) The Board may hear evidence, make inspections or otherwise inform itself in any manner that it thinks proper in the circumstances.

“(2.) An employer shall allow to any member of the Board or to any person authorized by the Chairman of the Board full and free access to his premises for the purposes of these Regulations.”.

 

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