National Security (Employment) Regulations (Cth)

STATUTORY RULES.

1941. No. 151.

––––––

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 eighth day of July, 1941.

Governor-General.

By His Excellency’s Command,

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

 

NATIONAL SECURITY (EMPLOYMENT) REGULATIONS.

Citation.

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

Administration.

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

Repeal.

3.—(1.) The National Security (Employment) Regulations (being Statutory Rules 1940, No. 287, as amended by Statutory Rules 1941, No. 29; 1941, No. 41; 1941, No. 87 and 1941, No. 117) are repealed.

(2.) All arrangements continued in force under the Regulations so repealed shall continue in force as if they had been made by the Minister in pursuance of these Regulations.

Definitions.

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

“Agricultural Implement Makers Award” means the Award (Serial No. 2902) made by the Court on the seventh day of April, 1936;

“Consolidated Metal Trades Award” means the Consolidated Metal Trades Award (Serial No. 3477) made by the Court and varied prior to the first day of May, 1940;

 

* Notified in the Commonwealth, Gazette on , 1941.

4176.—8/7.7.1941.—Price 8d.

“Motor Body and Coach Building Award” means the Interim Award (Serial No. 3974) made by the Court on the fifteenth day of December, 1939;

“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, weapon or device (whether actual or experimental), and any other article or material which the Minister by order declares to be munitions of war; and also includes any machine, machine tool, tool, gauge, jig, die, template and mould necessary for their manufacture, production or overhaul;

“munitions work” means the manufacture, production, repair or overhaul for war purposes of munitions of war and includes the maintenance of plant therefor;

“Schedule” means a Schedule to these Regulations;

“State Industrial Authority” means any Board or Court of Conciliation or Arbitration, or tribunal, body or persons, having authority under the law of any State to exercise any power of conciliation or arbitration with reference to industrial disputes within the limits of the State;

“the basic wage”, in relation to any award of the Court, means the needs basic wage prescribed by, or ascertained in accordance with, the award, plus any constant loading prescribed by the award;

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

“the Minister” means the Minister of State for Labour and National Service;

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

Training and employment of persons for the production of munitions or supplies.

5.—(1.) If it appears to the Minister that the production of munitions of war or supplies required for the efficient prosecution of the war is likely to be seriously prejudiced by reason of a shortage of persons skilled in any particular trade, he may make such arrangements as he considers necessary for the training of a sufficient number of persons in that trade or in any branch of that trade, and for the employment in that trade, of persons so trained.

(2.) The training and employment of any person in accordance with any such arrangement shall be lawful notwithstanding anything contained in any enactment other than the National Security Act 1939-1940, or in any instrument (including any award, determination or agreement) having effect by virtue of any such enactment.

(3.) Where, by any enactment or instrument referred to in sub-regulation (2.) of this regulation, provision is made for the increase of the number of tradesmen in the Metal Trade classifications as stated in clause 5 of the Consolidated Metal Trades Award, the enactment or instrument shall have effect subject to any arrangement which has been or may be made in pursuance of this regulation or which is continued in force by these Regulations, except insofar as the Minister, by notice in the Gazette, otherwise directs.

Regulation of engagement of certain employees.

6.—(1.) An employer not engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war shall not engage any employee to whom this regulation applies except in pursuance of a permit issued to the employer by the Secretary or by a person thereto authorized by the Secretary.

(2.) Before an employer engaged in munitions work engages any employee to whom this regulation applies the employer shall, in accordance with a form specified by the Minister by notice in the Gazette, notify the Department of Labour and National Service of his intention to do so and furnish to that Department such particulars in relation to that employee as are specified in the form.

(3.) An employer, whether engaged in munitions work or not, shall not, in any manner whatever, invite any employee to whom this regulation applies (other than an employee not actually employed in his usual trade or occupation) to enter his employment or intimate, in any manner whatever, that he has vacancies for employees to whom this regulation applies, unless he includes in the invitation or intimation his full name and address and a statement in the following terms:—

“Applications will not be considered from any person who is engaged in the production, repair or overhaul of munitions of war, war equipment or war supplies unless such person is not actually employed in his usual trade or occupation.”

(4.) This regulation shall apply to the employees specified in the First Schedule and to such other employees as the Minister by order published in the Gazette specifies to be employees to whom this regulation applies.

Marginal rates for tradesmen employed on production of munitions.

7.—(1.) An employer engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war shall not offer or pay to any employee who is directly engaged on such manufacture, production, repair or overhaul or in the maintenance of plant therefor and is included in any of the classes specified in the first column of the Second Schedule, the Third Schedule or the Fourth Schedule a higher or lower marginal rate of pay (exclusive of hourly hiring or shift allowances) than the rate specified in the second column of any of those Schedules opposite the designation of that employee.

(2.) Notwithstanding anything contained in this regulation—

(a) an employer may pay to any employee (being a Shipwright or a Ship Painter and Docker as specified in the first column of the Fourth Schedule), 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 (being an Ironworker as specified in the first column of the Fourth Schedule) in addition to the marginal rates and special allowances specified in these Regulations the special allowance of Three shillings per week which on the twelfth day of February, 1941, was being paid to any

employee in the State of New South Wales in pursuance of an arrangement made between the Metal Trades Employers Association and the Federated Ironworkers Association of Australia.

Rates for certain casual employees.

8.—(1.) An employer specified in the last preceding regulation shall not offer or pay to any casual employee who is directly engaged in munitions work, and is included in any of the classes specified in the first column of the Fifth Schedule, 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 an employer may pay to any casual employee (being a Ship Painter or Docker as specified in the first column of the Fifth Schedule), 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.

Effect of certain awards, &c.

9.—(1.) Where by an award or order of the Court a marginal rate of pay is fixed for a classification equal to or exceeding the marginal rate of pay fixed by these Regulations for that classification, upon the notification of the fact in the Gazette by the Secretary, every Schedule (other than the First Schedule) in which the designation of the classification is specified shall be deemed to be amended by the omission of the reference to that designation and the marginal rate of pay relevant thereto.

(2.) After any such notification in respect of any classification has been made—

(a) an employer bound by the award and orders (if any) relating to the classification shall not, in respect of any employee who is employed in that classification, make any payment or observe conditions of employment or offer to make any payment or observe conditions of employment more favorable than the payment or conditions of employment for the time being required by that award or that award as varied or any award in substitution for that award to be made or observed for that classification;

(b) an employer in the State of Queensland or in the State of Western Australia not bound by the award or orders relating to the classification who is bound by an award, order or determination of a State Industrial Authority relating to the same or a corresponding classification shall not, in respect of any employee who is employed in that or a corresponding classification, make any payment or observe conditions of employment or offer to make any payment or observe conditions of employment more favorable than the payment or conditions of employment for the time being required by the award, order or determination of the State Industrial Authority to be made or observed for that or a corresponding classification; and

(c) an employer (other than an employer referred to in the last preceding paragraph) not bound by the award or orders relating to the classification who is engaged in munitions work shall not, in respect of any employee who is employed in that classification and, as such, is directly engaged in munitions work, make any payment or observe conditions of employment or offer to make any payment or observe conditions of employment more favorable than the payment or conditions of employment for the time being required to be made or observed for that classification by that award or that award as varied or any award in substitution for that award in the industry and locality in which the employee is employed.

Remuneration in certain cases.

10. When the whole of the designations of classifications and the marginal rates of pay relevant thereto specified in the Second and Third Schedules and the designation of the classification of Ironworker and the relevant marginal rate of pay specified in the Fourth Schedule are deemed to have been omitted in pursuance of the last preceding regulation—

(a) an employer bound by the Consolidated Metal Trades Award or the Motor Body and Coach Building Award or the Agricultural Implement Makers Award or by any order varying or any award in substitution for any of those awards shall not, in respect of any employee who is employed in a classification specified in any such award or order, whether engaged in munitions work or not, make any payment or observe conditions of employment or offer to make any payment or observe conditions of employment more favorable than the payment or conditions of employment for the time being required by the award or the award as varied or any award in substitution for that award to be made or observed for the classification in the industry and locality in which the employee is employed;

(b) an employer in the State of Queensland or in the State of Western Australia not bound by any such award or order who is bound by an award, order or determination of a State Industrial Authority relating to a classification the same as or corresponding to a classification specified in any such first-mentioned award or order shall not, in respect of any employee who is employed in the first-mentioned classification, make any payment or observe conditions of employment or offer to make any payment or observe conditions of employment more favorable than the payment or conditions of employment for the time being required by the award, order or determination of the State Industrial Authority to be made or observed for the first-mentioned classification; and

(c) an employer (other than an employer referred to in the last preceding paragraph) not bound by any award or order specified in paragraph (a) of this regulation who

is engaged in munitions work shall not, in respect of any employee who is employed in a classification specified in any such award or order and as such is directly engaged in munitions work, make any payment or observe conditions of employment or offer to make any payment or observe conditions of employment more favorable than the payment or conditions of employment for the time being required by the award or order to be made or observed for the classification in the industry and locality in which the employee is employed.

Additional amounts payable.

11. 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 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 also pay to the employee any special allowance which may be so approved; and

(b) the rate of payment which may be made to any employee who, immediately prior to the commencement of this regulation, was entitled under any industrial award, agreement, determination or regulation 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.

Exceptions.

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

 

Saving of certain rights of action.

13. Nothing in these Regulations shall affect the rights of action conferred by sections 44 and 49a of the Commonwealth Conciliation and Arbitration Act 1904-1934 which would have existed if these Regulations had not been made.

 

THE SCHEDULES.

——

THE FIRST SCHEDULE. Reg. 6.

Metal Trades.

Electrical Fitter.

Electrical Mechanic.

Forger and/or Faggoter.

Instrument Maker.

Machinist (Engineering—First class).

Patternmaker.

Toolmaker.

Tradesman—

(a) Gun manufacture.

(b) Fitter and/or Turner.

(c) Marking off.

(d) In gun armament.

(e) Turbine blade fitter.

(f) Brass finisher.

Boilermaker and/or Structural Steel Worker.

Marker Off and/or Template Maker.

Frame Bender.

Welder (First Class).

Smiths—

(a) Toolsmith.

(b) Angle-iron Smith.

(c) Coppersmith.

(d) Brass Smith.

(e) Boilersmith.

(f) Other Smiths.

Moulder or Coremaker—jobbing.

Motor Vehicle Building Trades.

Die Tester and/or Adjuster (making necessary adjustments before handing to manufacturing shop).

Electrical Fitter.

Electrical Mechanic.

Jigmaker in wood or metal.

Patternmaker (as defined in the Motor Body and Coach Building Award)

Smith.

Template Maker.

Tool Maker, Tool Hardener and Die Maker (in wood or metal).

Tradesman—

(a) the greater part of whose time is occupied marking off.

(b) Turner and/or Fitter.

(c) Machinist (metal).

Welder (First Class).

The First Schedule:—continued.

Optical Trades.

Drawing office employee.

Instrument Maker.

Optical Instrument Assembler.

Optical Instrument Maker.

Optical Mechanic (including Lens Grinder).

Other Trades.

Shore Shipwright.

Shore Carpenter and/or Joiner(Shipyards).

Ship Plumbers.

Ship Painters, Writers, Grainers and Gilders.

Improvers and Trainee Apprentices.

Improver in any of the trades in which employees specified in this Schedule are employed.

Trainee Apprentices in any of the trades in which employees specified in this Schedule are employed.

Miscellaneous.

Engineering Draughtsman.

Mechanical Draughtsman.

 

THE SECOND SCHEDULE. Reg. 7.

First Column.	Second Column.
Designation of Employee.	Margin of pay above basic wage for a week of 44 hours.
Metal Trades.
Electrical Fitter..................................................................	33s. plus 3s. special allowance
Electrical Mechanic...........................................................	33s. plus 3s. special allowance
Forger and/or Faggoter......................................................	45s. plus 3s. special allowance
Instrument Maker..............................................................	43s. plus 3s. special allowance
Machinist (Engineering—First Class).................................	33s. plus 3s. special allowance
Patternmaker.....................................................................	41s. plus 3s. special allowance
Toolmaker........................................................................	43s. plus 3s. special allowance
Tradesman—
(a) gun manufacture......................................................	39s. plus 3s. special allowance
(b) Fitter and/or Turner.................................................	33s. plus 3s. special allowance
(c)  marking off............................................................	36s. plus 3s. special allowance
(d) in gun armament, instrument and torpedo work (naval)	43s. plus 3s. special allowance
(e) turbine blade fitter...................................................	36s. plus 3s. special allowance
(f) brass finisher............................................................	33s. plus 3s. special allowance
Boilermaker and/or structural steel worker..........................	33s. plus 3s. special allowance
Marker off and/or template maker......................................	37s. plus 3s. special allowance
Frame Bender...................................................................	35s. plus 3s. special allowance
Welder (First Class)...........................................................	35s. plus 3s. special allowance

The Second Schedule—continued.

First Column.	Second Column.
Designation of Employee.	Margin of pay above basic wage for a week of 44 hours.
Metal Trades—continued.
Smiths—
(a) Toolsmith...............................................................	36s. plus 3s. special allowance
(b) Angle-iron smith.....................................................	35s. plus 3s. special allowance
(c) Coppersmith............................................................	34s. plus 3s. special allowance

(d) Brass smith.............................................................	34s. plus 3s. special allowance
(e) Boilersmith.............................................................	36s. plus 3s. special allowance
(f) Other smiths.............................................................	34s. plus 3s. special allowance
Motor Vehicle Building Trades.
Die tester and/or adjuster (making necessary adjustments before handing to manufacturing shop).................................................	36s. plus 3s. special allowance
Electrical Fitter..................................................................	33s. plus 3s. special allowance
Electrical Mechanic...........................................................	33s. plus 3s. special allowance
Jigmaker in wood or metal.................................................	33s. plus 3s. special allowance
Patternmaker (as defined in the Motor Body and Coach Building Award)....................................................................................	41s. plus 3s. special allowance
Smith................................................................................	34s. plus 3s. special allowance
Template maker................................................................	37s. plus 3s. special allowance
Tool maker, tool hardener and die maker (in wood or metal)	43s. plus 3s. special allowance
Tradesman—
(a) the greater part of whose time is occupied marking off	36s. plus 3s. special allowance
(b) Turner and/or Fitter.................................................	33s. plus 3s. special allowance
(c) Machinist (metal)....................................................	33s. plus 3s. special allowance
Welder (First Class)...........................................................	35s. plus 3s. special allowance

 

THE THIRD SCHEDULE. Reg. 7.

First Column.	Second Column.
Designation of Employee.	Margin of pay above basic wage for a week of 44 hours.
Process Workers (Metal)..................................................	8s. plus 3s. special allowance

 

THE FOURTH SCHEDULE. Reg. 7.

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 Court 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

 

The Fourth Schedule—continued.

First Column.	Second Column.
Designation of Employee.	Margin of pay above basic wage for a week of 44 hours.
Shore Carpenter and/or Joiner as specified in the award made by the 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 or Ship Painter and Docker as specified in the award made by the Court on the twenty-first day of March, 1940, in respect of Disputes Nos. 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 the 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., Iron-working 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
Timber Workers in shipyards, as specified in awards made by the Court on the seventh day of April, 1937, the thirteenth day of October, 1937, the sixth day of March, 1939, and the fourth day of March, 1940, in respect of Disputes No. 183 of 1932, No. 225 of 1936, No. 241 of 1936, No. 347 of 1934, No. 80 of 1936, No. 236 of 1936, No. 537 of 1937 and No. 235 of 1939, as varied to date	Marginal rates prescribed for the respective classifications in such award plus 3s. per week special allowance
Upholsterers (Ship) and French Polishers (Ship) as specified in Award No. 2176 made on the thirtieth day of October, 1931, as published in New South Wales Industrial Gazette, Volume 40, page 731, and varied to date	Marginal rates prescribed for the respective classifications in such award plus 6s. per week special allowance
Ship Plumbers, Ship Painters, Writers, Grainers and Gilders, Upholsterers (Ship), French Polishers (Ship), as specified in and governed by the Agreement as to H.M.A. Naval Establishments dated the sixth day of April, 1938, and varied to date	Marginal rates prescribed for the respective classifications in such agreement plus 6s. per week special allowance

 

THE FIFTH SCHEDULE. Reg. 8.

First Column.	Second Column.
Designation of Employee.	Rate of Pay.
Shore Shipwright as specified in the award made by the Court on the twenty-fourth day of March, 1938, in respect of Dispute No. 136 of 1936	The rate prescribed in such award, plus 1 7/11d. per hour special allowance
Shore Carpenter and/or Joiner as specified in the award made by the 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 1 7/11d. per hour special allowance

 

The Fifth Schedule—continued.

First Column.	Second Column.
Designation of Employee.	Rate of Pay.
Ship Painter or Ship Painter and Docker as specified in the award made by the Court on the twenty-first day of March, 1940, in respect of Disputes Nos. 187. 194, 209 and 210 of 1939	The rate prescribed in such award, plus 9/11d. per hour special allowance
Ship Plumbers in the State of New South Wales as specified in an award made by the Industrial Commission of New South Wales on the second day of June, 1939, and published in the New South Wales Industrial Gazette, Volume 55, page 1702 and as varied to date	The rate prescribed in such award plus 17/11d. per hour special allowance
Ship Painters, Writers, Grainers and Gilders in the State of New South Wales as specified in an award made by the Conciliation Commissioner of New South Wales on the twenty-ninth day of June, 1934, and published in the New South Wales Industrial Gazette, Volume 45, page 1306 and as varied to date	The rates prescribed for the respective classifications in such award plus 17/11d. per hour special allowance

 

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