National Security (Employment of Women) Regulations (Cth)

STATUTORY RULES.

1942. No. 146.

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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-fifth day of March, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State for Defence Co-ordination.

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National Security (Employment of Women) Regulations.

Citation.

1.These Regulations may be cited as the National Security (Employment of Women) Regulations.

Administration.

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

Repeal

3.The National Security (Employment of Women) Regulations are hereby repealed.

Definitions.

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

“Industrial Authority” means any tribunal or person constituted by or under any law of the Commonwealth for the purpose of hearing and determining industrial disputes and making awards, orders or determinations in settlement thereof, and any tribunal which is a State Industrial Authority within the meaning of the Commonwealth Conciliation and Arbitration Act 1904-1934, and also includes the Public Service Arbitrator;

 

*Notified in the Commonwealth Gazette on 25th March, 1942.

 Statutory Rules 1942, No. 92.

2008.—Price 5d.

“munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or similar vehicle or engine, arms, armaments, ammunition, vehicle, bomb, torpedo, mine or other article, material or device (whether actual or proposed) intended or adapted for use in war;

“the Court” means the Commonwealth Court of Conciliation and Arbitration;

“the Secretary” means the Secretary, Department of Labour and National Service.

Appointment and constitution of Board

5.—(1.) The Minister may appoint a Women’s Employment Board.

(2.) The Board shall consist of a Chairman, one Special Representative of employers and one Special Representative 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 employers’ organization, and the other an employees’ organization.

(3.) Before appointing the Special Representative of employers or any member representative of any employers’ organization, the Minister shall consult with the appropriate employers’ organizations, and before appointing the Special Representative of employees or any member representative of any employees’ organization, he shall consult with the Australasian Council of Trades Unions.

(4.) In the absence of any Special Representative the Minister shall appoint a substitute for the absent Special Representative, but, in the event of the substitute failing to attend a meeting of the Board to which he has been summoned by the Chairman, the Board may validly proceed in his absence.

(5.) The Chairman and half the other members of the Board, as constituted for the time being in accordance with the provisions of this regulation, shall form a quorum, and when a quorum is present the Board may validly function, notwithstanding that the representatives of one party have failed to attend.

(6.) All questions before the Board shall be decided by a majority of votes.

(7.) Subject to these Regulations, the Board may make rules governing its own procedure or in relation to applications to the Board.

Applications for permission to employ females.

6.—(1.) Where an employer, because of a shortage or impending shortage of male labour, desires to employ females on work for which a rate of payment for male employees has been determined by any industrial award, order, determination or agreement and for which a rate of payment for female employees less than the rate for male employees has not been so determined, the employer or an organization to which he belongs shall, before the employer employs females on any such work at a rate of payment less than that so determined for male employees, make an application to the Board setting out fully the nature of the work on which it is desired to employ females.

(2.) A person who makes any such application shall forthwith furnish one copy thereof to the Secretary and one copy to such organization or to each of such organizations of employees as the Chairman of the Board specifies.

(3.) Upon receipt of any such application the Board shall forthwith proceed to consider the application.

(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 female employees less than the rate for male employees has not been determined by any industrial award, order, determination or agreement;

(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 female employees less than the rate for male employees has not been so determined—

(i) whether females may be employed thereon;

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

(iii) 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;

(iv) 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.

(5.) In deciding the percentage referred to in sub-paragraph (iv) of paragraph (b)of sub-regulation (4.) of this regulation there shall be taken into account 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 percentage 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 determined for adult males employed on that work by any industrial award, order, determination or agreement;

(b) where it appears to the Board that in any industry the rates of payment for adult female employees determined by any industrial award, order, determination or agreement, or commonly observed by employers, represent generally a percentage of the rates so determined for adult males which is higher than sixty per centum of those rates, the percentage so decided for any adult female employed in that industry on work which is the subject

of an application under this regulation shall not be less than that higher percentage of the rate of payment so determined for adult males employed on that work; and

(c) where a rate of payment for females employed on any work has been determined by any industrial award, order, determination or agreement, and that rate is equal to the rate so determined for males employed on that work, or where it is the commonly accepted practice for employers to pay females employed on any work at a rate equal to the rate at which payment is made to males employed on that work, the percentage so decided shall not be less than one hundred per centum.

Review of existing rates of payment for females.

7.Where an employer has, prior to the commencement of these Regulations, employed, and continues to employ, females on work for which a rate of payment for male employees has been determined by any industrial award, order, determination or agreement, and 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 the rate of payment made to those females is less than that so determined for male employees, any female so employed or any organization of employees to which she belongs may apply to the Board for a review of that rate of payment for female employees and the Board shall forthwith deal with the application as if it were an application under regulation 6 of these Regulations:

Provided that that rate of payment for female employees shall not be reduced by any decision of the Board.

Additional powers of Board.

8.The Board may, on the application of any party bound by a decision of the Board—

(a) vary the decision;

(b) re-open any question in relation to which the decision was given;

(c) give an interpretation of any term of the decision; or

(d) set aside the decision or any term of the decision.

Decisions of Board binding on parties to application.

9.Any decision of the Board, and any variation or interpretation of any such decision, shall be binding on the employer who made the application pursuant to which the decision was made, his employees and the organizations of employees whose members are affected by the decision, and shall be filed in the Court, and shall thereupon have effect in all respects and be enforceable as if it were an award or order of the Court.

Industrial Authority not to make award inconsistent with decision of Board.

10.During the currency of any decision of the Board no provision of any award, order or determination made by an Industrial Authority dealing with the subject-matter dealt with by the decision or any variation thereof and inconsistent with the decision or variation, and no decision or determination of any authority of the Commonwealth or a State with respect to female employees of the Commonwealth or State inconsistent with the decision of the Board or any variation thereof, shall be effective.

Employment of females in Department of Munitions, &c.

11.—(1.) Notwithstanding anything contained in sub-regulation (1.) of regulation 6 of these Regulations, or in any law or any instrument (including any award, order, determination or agreement) having effect by virtue of any law, any female may be employed in the Department of Munitions or the Department of Aircraft Production or, with the approval of the Director-General of Munitions or the Director-General of Aircraft Production, by any employer, on work, not requiring the skill of a tradesman, which is work reserved to males by any such law or instrument or work for which a rate of payment for female employees less than the rate for male employees has not been determined under any industrial award, order, determination or agreement.

(2.) Within fourteen days after the commencement of the employment of a female on any such work, the Secretary of the Department concerned shall cause a notification to be furnished to the Board setting out fully the nature of the work on which the female is employed.

(3.) Any person who furnishes such a notification shall forthwith furnish one copy thereof to the Secretary and one copy to such organization or to each of such organizations of employees as the Chairman of the Board specifies.

(4.) Any such notification shall be dealt with as if it were an application under regulation 6 of these Regulations.

(5.) Pending the making of a decision in consequence of any such notification, any female so employed shall be paid at a rate determined by the appropriate Minister of State.

Commencement of rate of pay.

12.Any rate of payment to be made in accordance with a decision of the Board in pursuance of these Regulations shall apply in respect of any female as from the commencement (whether before or after the commencement of these Regulations) of work by that female or as from the 2nd March, 1942, whichever is the later, but any payment made, to that female in respect of the work prior to the date of the decision of the Board shall be deemed to have been received in part payment of the amount payable to the female in accordance with that decision.

Inspection of premises.

13.Where, by virtue of these Regulations or of any decision made thereunder, a female is employed on work customarily performed by males, an accredited representative of any organization of employees referred to in sub-regulation (2.) of regulation 6 or sub-regulation (3.) of regulation 11 of these Regulations may inspect the premises in, and the work on which, that female is employed at any time during which the female is at work:

Provided that any such inspection shall be made—

(a) only after notice for a reasonable period (not less than twenty-four hours) has been furnished to the employer of the female by the organization of employees or its accredited representative; and

(b) in such manner as will not interfere with the performance of any work in the premises.

2008.—2

State factory laws not to apply in certain cases.

14.—(1.) Notwithstanding anything contained in the law of any State—

(a) work may be performed by females in any factory or establishment engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war; and

(b) females may be employed on work in the factory or establishment,

on such days and for such hours as the Minister, or a person authorized by him for the purposes of this regulation, approves.

(2.) The employment of any female under any approval so given shall be subject to the observance of such conditions regarding the safety, health and welfare of female employees as the Minister requires.

(3.) Before giving any approval under this regulation, the Minister or person so authorized shall consult with the appropriate organization of employees.

Witnesses.

15.—(1.) For the purpose of the consideration and decision of matters in respect of any application under these Regulations, the Chairman of the Board shall have powers with respect to the summoning of witnesses before the Board and the taking of evidence of a like kind to those exercisable by the Court or the Chief Judge of the Court for the purpose of hearing and determining an industrial dispute of which the Court has cognizance.

(2.) A person who has been summoned to appear or who has appeared before the Board as a witness shall not (without just cause, proof whereof shall lie upon him)—

(a)disobey the summons so to appear;

(b)refuse to be sworn or make affirmation as a witness;

(c) refuse to answer any question which he is required by the Chairman of the Board to answer; or

(d) refuse to produce any books or documents which he is required by the Chairman to produce.

Fees and allowances to members.

16.The members of the Board and their substitutes (if any) shall be paid such remuneration and travelling allowances as the Minister, by order, determines.

 

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