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

STATUTORY RULES.

1942. No. 418

 

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 First day of October, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

(Sgd.) E. J. WARD

for and on behalf of the Minister of

State for Defence.

 

National Security (Holidays and Annual Leave) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Holidays and Annual Leave) Regulations.

Administration.

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

Definitions.

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

“Conciliation Commissioner” means a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904-1934, or under that Act as applied and construed by the National Security (Industrial Peace) Regulations (Statutory Rules 1940, No. 290, as amended for the time being);

“employer” means the person employing persons at or in any premises;

“premises” means bank, office, shop, factory or any premises whatsoever at which any industry is carried on and includes any Department of the Commonwealth or of a State or Territory of the Commonwealth and any place at which the business of any authority of the Commonwealth or of a State or Territory of the Commonwealth or of any local governing body is carried on.

Application of Regulations to the Crown.

4. These Regulations shall extend to employees of the Commonwealth or any State or of any authority of the Commonwealth or a State.

 

* Notified in the Commonwealth Gazette on , 1942.

6979.—Price 5d. 25/29.9.1942

 

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

5.—(1.) Notwithstanding the provisions of any other law (whether of the Commonwealth or of a State or Territory of the Commonwealth), or of any industrial award, order, determination or agreement, but subject to this regulation, except in the case of—

(a) illness or incapacity;

(b)absence of an employee on a day during a period of leave of absence granted to the employee, in accordance with these Regulations, for the purposes of recreation; or

(c) a domestic or other pressing emergency,

or except in any particular case in which, prior to the failure of a person to perform his duties or the absence of a person, the Minister has stated in writing, and informed the person accordingly, that the reason for the failure or absence is satisfactory, an employee, or an employer who is actively engaged in the conduct or control of any business, shall not, without reasonable cause (proof whereof shall lie upon him) fail to perform his duties or absent himself from his place of employment or business, or from the place where his duties are usually performed, at any time on any of the days to which this regulation applies during the period during which he is required by the terms and conditions of his employment to be, on an ordinary working day or business day, at that place of employment or business, or, where there are no such requirements, during which it is customary or usual for an employee or employer engaged in similar classes of employment or business to be, on an ordinary working day or business day, at the place of employment or business.

(2.) Compensation for work on any of the days to which this regulation applies, other than the 1st January, 1943, shall be as prescribed by the appropriate law or industrial award, order, determination or agreement.

(3.) Where an employee who works on any of the days, other than the 1st January, 1943, to which this regulation applies is not entitled, under any law or industrial award, order, determination or agreement to additional payment for so working, any tribunal or authority having jurisdiction to determine disputes or claims in respect of rates of pay or conditions of employment in relation to the work on which the employee is employed or any Conciliation Commissioner may, upon the application of the employee or any organization of employees to which he belongs, determine that the employee shall be entitled, for so working, to additional payment at such rate as, in all circumstances (including the regularity of the employee’s attendance at work), the tribunal, authority or Conciliation Commissioner thinks just, and the employee shall thereupon be entitled to payment accordingly.

(4.) An employee to whom any such determination applies shall be entitled to sue for, and recover, in any court of competent jurisdiction, any payment to which he is entitled under the determination.

(5.) Where an employee is entitled, under any law or industrial award, order, determination or agreement to be granted a holiday on the 1st January, 1943, but is not so entitled to be granted a holiday on the 28th December, 1942, he shall be entitled to be granted a holiday on the 28th December, 1942, on the same terms and conditions as the holiday would have been granted, but for this regulation, on the 1st January, 1943.

 

(6.) Notwithstanding the provisions of any law or industrial award, order, determination or agreement, an employee who is granted a holiday on the 28th December, 1942, by reason only of the provisions of the last preceding sub-regulation shall not be entitled to additional payment for working on the 1st January, 1943.

(7.) Where in any State an employee is entitled, under any law or industrial award, order, determination or agreement to be granted a holiday on the 28th December, 1942, but is not so entitled to be granted a holiday on the 26th December, 1942, he shall be entitled to be granted a holiday on the 26th December, 1942, on the same terms and conditions as the holiday would have been granted, but for this regulation, on the 1st January, 1943.

(8.) Notwithstanding the provisions of any law or industrial award, order, determination or agreement, the remuneration to which an employee who is granted a holiday on the 26th December, 1942, by reason only of the provisions of the last preceding sub-regulation, is entitled in respect of that day shall be set off against any additional payment to which the employee may be entitled for working on the 1st January, 1943.

(9.) For the purposes of this regulation—

“days to which this regulation applies”, in relation to any employee or employer means days, other than the 25th, 26th and 28th December, 1942, which would, but for this regulation, between the 1st December, 1942, and the 28th February, 1943 (both inclusive) be observed as holidays at the place at which the employer is engaged in business or the employee is employed, but does not include any days which are allowed off, or allowed as holidays, at regular intervals, as compensation for the conditions of employment peculiar to any business or employment.

Leave not to be granted during period 25th December 1942, to 2nd January, 1943.

6.—(1.) Notwithstanding the provisions of any other law (whether of the Commonwealth or of a State or Territory of the Commonwealth), or of any industrial award, order, determination or agreement, but subject to this regulation, during the period from the 25th December, 1942, to the 2nd January, 1943 (both inclusive), except in the case of illness or incapacity or a domestic or other pressing emergency, no leave to which any employee is entitled, or for which the employee is eligible under any such law or industrial award, order, determination or agreement, other than leave for any of the days to which the last preceding regulation does not apply, or leave granted under a roster system in force at the commencement of this regulation, shall be granted or taken.

(2.) Where the Minister, or a person thereunto authorized by the Minister, is satisfied in respect of any premises or class of premises that the provisions of the last preceding sub-regulation or of an arrangement approved under sub-regulation (6.) of this regulation, will not adequately meet the requirements as to the rest, repair or overhaul of the equipment used at those premises or class of premises, he may, in respect of those premises or that class of premises, on the application of an employer made in writing before the 31st October, 1942, by order, except such days as he thinks fit from the application of the last preceding regulation, in lieu of any days which are excepted under the

 

provisions of that regulation, and specify such other days during which those premises or that class of premises may be closed, and thereupon it shall be lawful for the persons employed at the premises or class of premises to be granted leave or to be absent from the premises or class of premises on those days, notwithstanding anything contained in these Regulations.

(3.) Where, in pursuance of any law or industrial award, order, determination or agreement, any person is entitled to, or eligible for, the grant of annual leave or leave of absence during the period from 25th December, 1942, to the 2nd January, 1943 (both inclusive) and would, but for the provisions of this regulation, be granted such annual leave or leave of absence, his employer shall grant him, in accordance with the provisions of this regulation, annual leave or leave of absence at some other time during the period from the commencement of this regulation to the 31st March, 1943, the period of such leave to be the period to which the employee would be entitled under the law or industrial award, order, determination or agreement if the annual leave or leave of absence accruing were not granted during the period from 25th December, 1942, to the 2nd January, 1943 (both inclusive).

(4.) Notwithstanding the provisions of any law or industrial award, order, determination or agreement under which annual leave or leave of absence not granted may, after the expiration of a specified period, be forfeited, annual leave or leave of absence not granted to an employee at any particular time during the period from the commencement of this regulation to the 31st March, 1943, by reason of the provisions of this regulation, shall, subject to this regulation, be granted to the employee by his employer at some other time during that period.

(5.) An employer shall, during the period from the commencement of this regulation to the 31st March. 1943, so arrange the grant of annual leave or leave of absence to his employees that not more than 15 per centum of the employees at any premises shall be absent on such leave at any one time during that period, except—

(a) on any day specified in an order made under sub-regulation (2.) of this regulation, in respect of the employees employed at the premises in respect of which that order is made; or

(b) as allowed by the terms of an arrangement approved under the next succeeding sub-regulation.

(6.) Where it appears to the Minister, or to a person thereunto authorized by the Minister, to be impracticable for an employer or class of employers to observe the provisions of the last preceding sub-regulation, or that a departure from those provisions by an employer or class of employers would be in the general interest, the Minister or authorized person may, on the application of an employer made in writing before the 31st October, 1942, approve an arrangement made by that employer or class of employers with the organization or organizations representing his or their employees in relation to the time at, and the extent to, which annual leave or leave of absence shall be granted to those employees, and thereupon the employer or class of employers shall observe the terms of that arrangement in lieu of the provisions of the last preceding sub-regulation.

 

Disputes arising under Regulations.

7. If any disputes arise between any employer or class of employers and any employee or class of employees with respect to the actual or purported operation of any of the provisions of these Regulations, a Judge of the Commonwealth Court of Conciliation and Arbitration or a Conciliation Commissioner or any person authorized by the Minister to deal with such disputes, may on application by an employer or any organization of employers or employees hear the dispute and advise the parties as to the terms on which the dispute should be settled and, failing acceptance of those terms, shall hear and determine the dispute and the parties thereto shall comply with the determination.

 

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