National Security (Employment) Regulations (Cth)

STATUTORY RULES.

1940. No. 128.

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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 fifth day of July, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

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National Security (Employment) Regulations.

Citation.

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

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

2.—(1.) If it appears to the Minister of State for Munitions 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 of persons so trained in connexion with the production of munitions of war or supplies.

(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 the last preceding sub-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 made by the Commonwealth Court of Conciliation and Arbitration (Serial No. 3477) and varied prior to the first day of May, 1940, the enactment

 

* Notified in the Commonwealth Gazette on 5th July, 1940.

4179.—Price 3d.

 

or instrument shall have effect subject to any arrangement which has been or may be made in pursuance of this regulation, except in so far as the Minister of State for Munitions, by notice in the Gazette, otherwise directs.

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

(5.) All arrangements made by the Minister of State for Supply and Development in pursuance of regulation 59a of the National Security (General) Regulations prior to the commencement of these Regulations shall continue in force as if they had been made by the Minister of State for Munitions in pursuance of this regulation.

Regulation of engagement of certain employees.

3.—(1.) An employer shall not engage any employee to whom this regulation applies unless he produces—

(a) a document signed by the employer by whom he was last employed stating that he has consented to the termination of that employment, or

(b) a written permit issued by the Director of Labour, Department of Munitions, or by a person authorized by him to issue such permits. (2.) This regulation shall apply to the employees specified in the First Schedule to these Regulations,

Marginal rates for tradesmen employed on production of munitions.

4.—(1.) An employer engaged in the manufacture of aircraft, arms, armament, ammunition, defence vehicles or weapons, or the manufacture of machines, machine tools, tools, gauges, jigs, dies, templates or moulds necessary for their production, shall not offer or pay to any employee who is directly engaged on such manufacture and is included in any of the classes specified in the first column of the Second Schedule to these Regulations a higher or lower marginal rate of pay (exclusive of hourly hiring or shift allowances) 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 employee who, at the commencement of this regulation, was employed in any of the classifications mentioned in the Second 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.

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THE SCHEDULES.

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FIRST SCHEDULE.

Electrical fitter.

Electrical mechanic.

Forger and/or faggoter.

Instrument maker.

Machinist (Engineering—First class).

Toolmaker.

Tradesman—gun manufacture.

Tradesman—fitter and/or turner.

 

The Schedules—continued.

SECOND SCHEDULE.

FIRST COLUMN.	Second Column.
Designation of Employee.	Margin of pay above basic wage for a week of 44 hours.
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
Toolmaker.........................................................................	43s. plus 3s. special allowance
Tradesman—Fitter and/or Turner........................................	33s. plus 3s. special allowance

 

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