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

STATUTORY RULES.

1942. No. 236.

 

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 twenty-second day of May, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of

State for Defence.

 

Amendments of National Security (Employment of Women) Regulations. 

Definitions.

1. Regulation 4 of the National Security (Employment of Women) Regulations is amended—

(a) by inserting before the definition of “Industrial Authority” the following definition:—

“‘determination’ includes any determination or other decision of any authority of the Commonwealth or of a State having power to fix rates of payment for employees of the Commonwealth or of the State or of any authority of the Commonwealth or of the State, as the case may be;”; and

(b) by inserting after the definition of “munitions of war” the following definition:—

“‘the Board’ means the Women’s Employment Board established under these Regulations;”.

Establishment of Women’s Employment Board.

2. Regulation 5 of the National Security (Employment of Women) Regulations is amended by omitting sub-regulations (1.), (2.) and (3.) and inserting in their stead the following sub-regulations:—

“(1.) For the purposes of these Regulations there shall be a Women’s Employment Board consisting of a Chairman, one Special Representative of the Commonwealth, one Special Representative of

 

* Notified in the Commonwealth Gazette on 22nd May, 1942.

 Statutory Rules 1942, No. 146.

3692.—Price 3d.

 

employers other than the Commonwealth and two Special Representatives of employees and, in addition, two other members to be appointed from time to time (according to the subject-matter to be dealt with by the Board), one of whom shall represent an employer or an employers’ organization, and the other an employees’ organization.

“(2.) The Chairman and the Special Representatives shall be appointed by the Minister, and the additional representatives shall be appointed by the Chairman.

“(3.) Before appointing the Special Representative of employers other than the Commonwealth, the Minister shall consult with the appropriate employers’ organizations, and before appointing the Special Representatives of employees, he shall consult with the Australasian Council of Trades Unions.

“(3a.) Before appointing the additional representative of an employer or of an employers’ organization, the Chairman shall consult with the employer or an appropriate employers’ organization, and before appointing the additional representative of an employees’ organization, he shall consult with the Australasian Council of Trades Unions.”.

Application for permission to employ females.

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

(a) by omitting from sub-regulation (1.) all the words after the word “agreement” and inserting in their stead the words “and which is customarily performed by males, the employer shall not employ females on any such work at a rate of payment less than that so determined for male employees, unless the employer or an organization to which he belongs has made an application to the Board setting out fully the nature of the work on which it is desired to employ females.”;

(b) by inserting in sub-regulation (2.), after the word “employees”, the words “and employers”;

(c) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) The Board, after consideration of the application, shall decide—

(a) whether the work specified in the application is work for which a rate of payment for male employees has been determined by an industrial award, order, determination or agreement and which is customarily performed by males;

(b)in respect of the employment of females on work held in pursuance of these Regulations to be work for which a rate of payment for male employees has been so determined and which is customarily performed by males—

(i) whether females may be employed thereon;

 

(ii) the hours during which females may be employed thereon, and the maximum daily and weekly hours of work of females employed thereon;

(iii) the special conditions (if any) regarding the safety, health and welfare of females employed thereon to be observed by the employer;

(iv) whether the employment of females thereon should in the first place be on probation;

(v) if the Board decides that the employment should in the first place be on probation—

(1) the period of probation; and

(2) during the period of probation, the percentage to be paid to females employed on that work of the rate of payment so determined for male employees:

Provided that the percentage to be paid to any adult female employee shall not be less than sixty per centum of the rate of payment so determined for adult male employees on that work;

(vi) the percentage to be paid to females employed on that work of the rate of payment so determined for males employed on that work, if the Board decides that the employment of females on that work should not in the first place be on probation, or after a period of probation determined in pursuance of these Regulations.”; and

(d) by omitting from sub-regulation (5.) the symbol “(iv)” and inserting in its stead the symbol “(vi)”.

Review of existing rates of payment for females.

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

(a) by omitting the words “, prior to the commencement of these Regulations, employed, and continues to employ,” and inserting in their stead the words “employed or employs”;

(b) by omitting the words “for which a rate of payment for female employees, less than the rate for male employees, has not been determined by any industrial award, order, determination or agreement”, and inserting in their stead the words “which is customarily performed by males”; and

(c) by omitting from the proviso the word “for” and inserting in its stead the words “made to”.

 

Employment of females in Department of Munitions, &c.

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

(a) by omitting from sub-regulation (1.) all the words from and including the words “for female employees” and inserting in their stead the words “for males has been determined by any industrial award, order, determination or agreement and which is customarily performed by males.”; and

(b) by inserting in sub-regulation (3.), after the word “employees” the words “or of employers”.

Pending applications before the Women’s Employment Board.

6. Notwithstanding anything contained in these Regulations, any application pending before the Women’s Employment Board, immediately prior to the commencement of these Regulations, may be considered and decided by the Women’s Employment Board established under the National Security (Employment of Women) Regulations, as amended by these Regulations, as if the application had been made under those Regulations, as so amended, and any evidence taken before the first-mentioned Board in relation to any such application shall be considered in relation to that application by the Board so established as if the evidence had been given before it.

 

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