National Security (Holidays and Annual Leave) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 61.

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 fifteenth day of March, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Holidays and Annual Leave) Regulations. 

Except as prescribed, persons not so be absent from work.

1. Regulation 5 of the National Security (Holidays and Annual Leave) Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “, other than the 1st January, 1943,”;

(b) by omitting sub-regulations (5.) to (8.) (inclusive);

(c) by omitting from sub-regulation (9.) the words “25th, 26th and 28th December, 1942, which would, but for this regulation, between the 1st December, 1942, and the 31st March”, and inserting in their stead the words “23rd and 24th April, 1943, which would, but for this regulation, between the 15th March, 1943, and the 30th November”; and

(d) by omitting sub-regulation (10.).

2. After regulation 5 of the National Security (Holidays and Annual Leave) Regulations the following regulation is inserted:—

Compensation in respect of holidays during April, 1943.

“5a.—(1.) The Commonwealth Court of Conciliation and Arbitration, or a Conciliation Commissioner, with the approval of that Court, may, in any case where sub-regulation (2.) of regulation 5 of these Regulations does not apply, on application by any organization of employees or

 

* Notified in the Commonwealth Gazette on 16th March, 1943.

  Statutory Rules 1942, No. 418, as amended by Statutory Rules 1942, No. 541, and by Statutory Rules 1943, Nos. 19 and 47.

 

by the Attorney-General made before the 31st March, 1943, make an order specifying the compensation to be made, to an employee in respect of any day in the month of April, 1943, which, in any law or industrial award, order, determination or agreement, is expressed as being a day on which the employee is entitled to a holiday.

“(2.) Where, upon consideration of any such application, it appears to the Court or Conciliation Commissioner to be just and expedient in the national interest that the application of any order to be made on the application should, in addition to applying to the persons in respect of whom the application was made, extend to other persons (whether represented before the Court or Conciliation Commissioner on the hearing of the application or not), the Court, or the Conciliation Commissioner, with the approval of the Court, may, when making the order, extend its application to such persons, or the persons included in such classes of persons, as are specified in the order.

“(3.) Any order made under this regulation shall be binding on all persons specified in the order and shall be enforceable in like manner as an award of the Commonwealth Court of Conciliation and Arbitration.

“(4.) The compensation specified in any such order may be either—

(a) additional payment; or

(b) additional leave of absence with pay to be taken, as specified in the order, immediately before or immediately after the next period of annual leave which the employee is entitled to take.

“(5.) The Court or a Conciliation Commissioner shall hear and determine, before the 21st April, 1943, any applications made under sub-regulation (1.) of this regulation.”.

 

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