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

STATUTORY RULES.

1941. No. 290.

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 sixteenth day of December, 1941.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Employment) Regulations. 

Regulations 11 and 12 of the National Security (Employment) Regulations are repealed and the following regulations inserted in their stead:—

Additional amounts payable and conditions applicable.

“11.—(1.) Notwithstanding anything contained in these Regulations—

(a) in addition to the payment which may, subject to these Regulations, otherwise be made to the employee, an employer may make to any employee—

(i) payment of an amount by way of merit money at a rate not exceeding the rate in accordance with which merit money (if any) paid by that employer to that employee in the pay period including the 5th July, 1940, was calculated; or

(ii) if approved by a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904-1934 or that Act as applied and construed by the National Security

 

* Notified in the Commonwealth Gazette on , 1941.

  Statutory Rules 1941, No. 151.

6263.—20/3.10.1941.—Price 3d.

 

(Industrial Peace) Regulations or a Board of Reference or similar authority appointed for the purposes of any award specified in regulation 9 of these Regulations, payment of an amount by way of merit money at a rate not exceeding the rate in accordance with which merit money (if any) paid to that employee by another employer in that pay period was calculated,

and may pay or offer to pay to any employee either or both of the following:—

(iii) Any allowance (on account of employment in an isolated place or the high cost of living in the place of employment) which may be so approved; and

(iv) An amount, by way of any one or more of the following:—

(1) Recompense for service or special ability or both;

(2) Bonus based on the prices of base metals or on output;

(3) Increment in pursuance of an incremental scale of wage advancement; and

(4) Recompense to junior employees occupying positions of responsibility,

ascertainable in accordance with the terms of any scheme or agreement providing for the payment of any such amount which was in force immediately prior to the 8th July, 1941, provided—

(a) a full statement of the terms and conditions of the scheme or agreement, together with a statutory declaration that it was in force immediately prior to the 8th July, 1941, and that it applied to all or a substantial number of a class or classes of employees employed by the employer, is filed in the registry of the Court in the State concerned; and

(b) in respect of any employee or class of employees engaged in munitions work, the consent of the Minister of State for Munitions is first obtained;

(b)the rate of payment which may be made to any employee who, immediately prior to the 8th July, 1941, was entitled to payment at a higher rate than the rate prescribed by, or payable by reason of the operation of, these Regulations, may be higher than the last-mentioned rate but not higher than the higher rate to which he was so entitled; and

 

(c) the conditions of employment which may be observed in respect of any employee who, immediately prior to the 8th July, 1941, was entitled to more favorable conditions of employment than the conditions prescribed by, or to be observed by reason of the operation of, these Regulations, may be more favorable than the last-mentioned conditions but not more favorable than the conditions to which he was so entitled.

“(2.) The Industrial Registrar or the Deputy Industrial Registrar in the State concerned shall file in the registry of the Court in that State any scheme or agreement which is submitted for filing for the purpose of complying with the provisions of clause (a) of subparagraph (iv) of paragraph (a) of the last preceding sub-regulation.

Exceptions.

“12. The obligation imposed on any employer by any provision of these Regulations to refrain from making or offering to make any payment higher than the payment, or from observing or offering to observe conditions of employment more favorable than the conditions, required by an award of the Court to be made or observed shall be subject to such exceptions and undertakings as are specified or referred to in the award.

Saving as to certain Regulations.

“12a. Nothing in these Regulations shall affect the operation of the provisions of any regulation made under the National Security Act 1939-1940 with regard to the dilution of labour in any trade.”.

 

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