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

Case
No judgment structure available for this case.

STATUTORY RULES.

1941. No. 29.

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 twelfth day of February, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. E. HOLT

for Minister of State for Defence Co-ordination.

 

Amendments of National Security (Employment) Regulations. 

Marginal rates for tradesmen on production of munitions.

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

(a) by omitting from sub-regulation (1.) the words “or the Third Schedule” and inserting in their stead the words “, the Third Schedule or the Fourth Schedule”;

(b)by omitting from that sub-regulation the word “either” and inserting in its stead the word “any”; and

(c) by adding at the end thereof the following sub-regulations:—

“(3.) Notwithstanding anything contained in this regulation, the pay of any employee who, at the commencement of this sub-regulation, was employed in any of the classifications mentioned in the Fourth Schedule to these Regulations and was in receipt of a higher marginal rate (exclusive of hourly hiring and shift allowance) than is specified for that classification in the second column of that Schedule shall not be reduced by reason of this regulation.

 

* Notified in the Commonwealth Gazette on 12th February, 1941.

  Statutory Rules, 1940, No. 287.

831.—Price 3d.

 

“(4.) Notwithstanding anything contained in this regulation—

(a) an employer may pay to any employee (being a Shipwright Painter or Docker as specified in the first column of the Fourth Schedule to these Regulations), in addition to the special allowance specified in the second column of that Schedule opposite the designation of that employee, any special allowance not exceeding Three shillings per week which on the nineteenth day of September, 1940, he was paying to any such employee; and

(b)an employer may pay to any employee in the State of New South Wales in addition to the marginal rates and special allowances specified in these Regulations the special allowance of Three shillings per week which at the commencement of this sub-regulation is being paid to any such employee in pursuance of an arrangement made between the Metal Trades Employers Association and the Federated Ironworkers Association of Australia.”.

2. After regulation 6 of the National Security (Employment) Regulations the following regulation is inserted:—

Rates for certain casual employees.

“7.—(1.) An employer specified in the last preceding regulation shall not offer or pay to any casual employee who is directly engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war or in the maintenance of plant therefor, and is included in any of the classes specified in the first column of the Fifth Schedule to these Regulations, a higher or lower rate of pay than the rate specified in the second column of that Schedule opposite the designation of that employee.

“(2.) Notwithstanding anything contained in this regulation the pay of any casual employee who, at the commencement of this regulation, was employed in any of the classifications mentioned in the Fifth Schedule to these Regulations and was in receipt of a higher rate than is specified for that classification in the second column of that Schedule shall not be reduced by reason of this regulation.

“(3.) Notwithstanding anything contained in this regulation an employer may pay to any casual employee (being a Ship Painter or Docker as specified in the first column of the Fifth Schedule to these Regulations), in addition to the special allowance specified in the second column of that Schedule opposite the designation of that employee, any special allowance at a rate not exceeding the rate of Three shillings per week which on the nineteenth day of September, 1940, he was paying to any such employees.”.

Amendment of the First Schedule.

3. The First Schedule to the National Security (Employment) Regulations is amended by adding, at the end thereof, the following:—

Other Trades.

Shore Shipwright.

Shore Carpenter and/or Joiner (Shipyards).

Ship Painter and/or Docker.”.

 

Amendment of the Second Schedule.

4. The Second Schedule to the National Security (Employment) Regulations is amended by omitting, the words “Moulder or Core-maker—Jobbing .................................................................. |33s. plus 3s. special allowance”.

The Fourth Schedule; The Fifth Schedule.

5. After the Third Schedule to the National Security (Employment) Regulations the following Schedules are added:—

“THE FOURTH SCHEDULE.

First Column.

Second Column.

Designation of Employee.

Margin of pay above basic wage for a week of 44 hours.

Shore Shipwright as specified in the award made by the Commonwealth Court of Conciliation and Arbitration on the twenty-fourth day of March, 1938, in respect of Dispute No. 136 of 1936, No. 160 of 1936, No. 184 of 1936 and No. 639 of 1937

Marginal rate prescribed in such award plus 6s. per week special allowance

Shore Carpenter and/or Joiner as specified in the award made by such Court on the fourteenth day of October, 1929, and the agreement certified to under the Commonwealth Conciliation and Arbitration Act 1904-1934 on the sixteenth day of August, 1929, in respect of Disputes No. 10 of 1928 and No. 236 of 1928, who is subject to a special agreement providing for payment of a weekly margin

Marginal rates shown in such special agreement plus 6s. per week special allowance

Ship Painter and/or Docker as specified in the award made by such Court on the twenty-first day of March, 1940, in respect of Disputes No. 187, 194, 209 and 210 of 1939

Marginal rate prescribed in such award plus 3s. per week special allowance

Engine Driver as specified in Divisions A and D, Crane Driver as specified in Division E, Fireman as specified in Division G and Greaser, Trimmer and Cleaner as specified in Division H, of Clause 3 of the award made by such Court on the twenty-sixth day of July, 1940, in respect of Dispute No. 205 of 1939

Marginal rates prescribed for the respective classifications in such award plus 3s. per week special allowance

Ironworker as specified in Division XIII., Ironworking Division of Clause 3 of the Consolidated Metal Trades Award

Marginal rate prescribed for the respective classifications in such award plus 3s. per week special allowance

“THE FIFTH SCHEDULE.

First Column.

Second Column.

Designation of Employee.

Rate of Pay.

Shore Shipwright as specified in the award made by the Commonwealth Court of Conciliation and Arbitration on the twenty-fourth day of March, 1938. in respect of Dispute No. 136 of 1936

The rate prescribed in such award, plus 17/11d. per hour special allowance

Shore Carpenter and/or Joiner as specified in the award made by such Court on the fourteenth day of October, 1929, and the agreement certified to under the Commonwealth Conciliation and Arbitration Act 1904-1934 on the sixteenth day of August, 1929, in respect of Disputes No. 10 of 1928 and No. 236 of 1928

The rate prescribed in such award and agreement, plus 17/11d. per hour special allowance

Ship Painter and/or Docker as specified in the award made by such Court on the twenty-first day of March, 1940, in respect of Disputes No. 187, 194, 209 and 210 of 1939

The rate prescribed in such award, plus 9/11d. per hour special allowance.”.

 

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

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0