STATUTORY RULES.
1944. No. 108.
REGULATIONS UNDER THE NATIONAL
SECURITY ACT 1939-1943.*
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 1939-1943.
Dated
this nineteenth day of July, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
E.
J. HOLLOWAY
for and on behalf of the
Minister of State for Defence.
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National Security (Female Minimum Rates) Regulations.
Citation.
1. These
Regulations may be cited as the National Security (Female Minimum Rates)
Regulations.
Administration.
2. These Regulations shall
be administered by the Minister of State for Labour and National Service.
Objects.
3. The
objects of these Regulations are, for the purposes of the defence of the
Commonwealth and the more effectual prosecution of the war, to facilitate the
effective transfer of females from the work in which they are ordinarily
engaged to work which may, from time to time, be more necessary during the war,
by reducing disparities in the minimum rates of pay for females under existing
awards, orders, determinations or industrial agreements.
Definitions.
4. In these Regulations,
unless the contrary intention appears—
“award,
order or determination” means
award, order or determination of an industrial authority, but does not include
a decision of the Women’s
Employment Board;
“industrial
authority” has the same meaning as
in the National Security (Economic Organization) Regulations;
* Notified in Commonwealth Gazette
on 19th
July. 1944.
4548.—Price 3d.
“the
Court” means the Commonwealth
Court of Conciliation and Arbitration constituted of the Chief Judge and at
least two other Judges;
“vital
industry” means any industry which
is declared by the Governor-General, by order, to be vitally necessary.
Reference
to Court.
5. The Minister may, in
respect of any vital industry or part of a vital industry or occupation within
a vital industry, refer to the Court for inquiry and determination—
(a) the question as to whether under
awards, orders, determinations and industrial agreements in force at the date
of the reference the minimum rates of pay for females employed in the industry,
part or occupation are unreasonably low in comparison with the minimum rates of
pay for females employed in other industries or parts thereof which are vitally
necessary during the war; and
(b) if so, the question as to whether it
is in the national interest, and fair and just, to increase the minimum rates
of pay so determined to be unreasonably low; and
(c) if so, the question as to what
minimum rate or rates of pay for females shall be paid in the industry, part or
occupation, or what amount or amounts shall be paid in addition to the rates
prescribed by the awards, orders, determinations or industrial agreements in
force at the date of the determination; and
(d) the question as to the period (not
extending beyond six months after the termination of the present war) in
respect of which the rate or rates or amount or amounts shall be paid.
Function
of Court.
6. The Court shall, upon
receipt of a reference from the Minister in pursuance of the last preceding
regulation, proceed to inquire into and determine the questions specified in
the reference and for that purpose shall have, in relation to the inquiry and determination,
all powers which by the Commonwealth
Conciliation and Arbitration Act 1904-1934 and the National Security
(Industrial Peace) Regulations are expressed to be given to the Commonwealth
Court of Conciliation and Arbitration and the Chief Judge of that Court, as
regards an industrial dispute of which that Court has cognizance, and that Act
and those Regulations shall apply in relation to the exercise of those powers
by virtue of these Regulations.
Appearances.
7. Upon the hearing of any
such reference, the Attorney-General, on behalf of the Commonwealth or of any
Minister, and such employers or organizations of employers or employees as are
granted leave by the Court so to do, may, in person or by counsel, solicitor or
agent, appear and examine witnesses and address the Court.
Certain
matters not to affect determinations of Court.
8. In making its inquiry
and determination on any such reference the Court shall not—
(a) be bound by any of the provisions of
Part V. of the National Security (Economic Organization) Regulations;
(b) have regard to any submission that it
is necessary to offer a differential monetary inducement or attraction to
promote the recruitment of female labour for vital industries; or
(c) express its determination so as to increase
the rate of remuneration in respect of any female employment for which the
basic rate, together with any margin or other allowance, payable immediately
prior to the date of the determination, is equal to or exceeds the total amount
payable as the minimum rate under the determination.
Effect
of determination.
9. Where
the Court makes a determination under these Regulations, it shall thereupon
come into force and the rate or rates or additional amount or amounts so
determined in respect of females employed in any industry or part of an
industry or occupation within an industry shall, notwithstanding anything
contained in any law of the Commonwealth or of a State or Territory of the
Commonwealth or in any award, order, determination or industrial agreement, be
paid by employers, in accordance with the determination, as the minimum rate or
rates, or as part thereof, as the case may be, in respect of females employed
by them in the industry, part or occupation:
Provided that nothing in these
Regulations shall authorize the payment, in respect of any female so employed
of a rate of remuneration lower than the rate payable immediately prior to the
date of the determination.
Effect
of determination on awards, &c.
10.—(1.) Subject to these
Regulations, upon the coming into force of a determination by virtue of the
last preceding regulation, any award, order, determination or industrial
agreement affected thereby shall, during the period in respect of which the
determination is in operation, be read and construed as if it prescribed the
payment of the minimum rate or rates or additional amount or amounts specified
in the determination.
(2.) Any organization affected by
the award, order, determination or industrial agreement may apply to the
industrial authority which made the award, order or determination or to the
authority having power to vary or approve of the variation of the industrial
agreement or, if there is no such authority, to the Commonwealth Court of
Conciliation and Arbitration, to make any variation of the award, order,
determination or industrial agreement which may appear necessary to give
appropriate effect to the determination.
(3.) Nothing in these Regulations
or in any determination made thereunder shall authorize the alteration of any rates
of remuneration under a piece-work or other system of payment by results, but
any female in relation to whom any determination made under these Regulations
is applicable and who is paid under such a system, shall be entitled to receive
not less than the minimum rate prescribed by that determination in respect of
the work on which she is employed.
Extension
of operation of determination.
11. The Court may, within a
period of sixty days before the expiration of the period in respect of which
any determination made under these Regulations is in operation, either of its
own motion or on
reference
by the Minister, extend for such period as it thinks fit, not extending beyond
six months after the termination of the present war, the period for which the
determination is in operation.
Determination
not to create anomaly.
12. Nothing determined by
the Court under, and nothing effected by, these Regulations shall be deemed to
give rise to an anomaly under Part V. of the National Security (Economic
Organization) Regulations with respect to the rates of remuneration payable to males
or females in respect of any employment.
Application
of Part V. of National Security (Economic Organization) Regulations.
13. Notwithstanding
anything contained in Part V. of the National Security (Economic Organization)
Regulations, where by virtue of any determination made under these Regulations,
any rate of remuneration in respect of females is altered, that altered rate of
remuneration may be paid by an employer to any such females employed by him and
may be accepted by those females, but otherwise those Regulations shall
continue in full force and effect with respect to any employment to which the
determination applies.
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By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.