National Security (Trades Dilution) Regulations (No. 2) (Cth)
STATUTORY RULES.
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
Dated this twenty-second day of March, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
________
National Security (Trades Dilution) Regulations (No. 2).
(
a ) by omitting the words “are to give effect to the principles embodied in, and to supplement,” and inserting in their stead the words “are—(
a ) to give effect to certain principles embodied in”;and
(
b ) by inserting after the word “war” the words “; and(
b ) to make provision for and in relation to the training and employment of members of the Forces in the trades to which these Regulations apply,”.* Notified in the
Commonwealth Gazette , on 22nd March, 1946.
1408.—Price 8d.
(2.)
Regulation 3 of the National Security (Electrical Trades Dilution) Regulations
is amended by omitting paragraphs (
“(
a ) to give effect to certain principles accepted by the Commonwealth in discussions with representatives of the Electrical Trades Union of Australia and certain organizations of employers, immediately prior to the making of these Regulations; and(
b ) to make provision for and in relation to the training and employment of members of the Forces in the trades to which these Regulations apply,”.
(3.) Regulation 3 of the National Security (Boilermaking Trades Dilution) Regulations and regulation 3 of the National Security (Engineering Trades Dilution) Regulations are amended respectively—
(
a ) by omitting from paragraph (a ) the words “the principles embodied in, and to supplement,” and inserting in their stead the words “certain principles embodied in”; and(
b ) by omitting paragraph (b ) and inserting in its stead the following paragraph:—“(
b ) to make provision for and in relation to the training and employment of members of the Forces in the trades to which these Regulations apply,”.
(4.) Regulation 3 of the National Security (Sheet Metal Trades Dilution) Regulations is repealed and the following regulation inserted in its stead:—
“3. The objects of these Regulations are—
(
a ) to give effect to certain principles accepted by the Commonwealth in discussions with representatives of the Sheet Metal Working Industrial Union of Australia and certain organizations of employers, immediately prior to the making of these Regulations; and(
b ) to make provision for and in relation to the training and employment of members of the Forces in the trades to which these Regulations apply,
and these Regulations shall be administered accordingly.”.
(
a ) by omitting from regulation 4 the definition of “added tradesman” and inserting in its stead the following definition:—“‘added tradesman’ means an adult person (not being a recognized or probationary tradesman or a trainee-tradesman) whose engagement or elevation to perform work ordinarily performed by a recognized tradesman was authorized by a Local
Dilution Committee established under these Regulations, or who was at any time deemed by these Regulations to be an added tradesman;”;
(
b ) by omitting from that regulation the definition of “approved industrial establishment”;(
c ) by inserting in that regulation, after the definition of “Local Committee”, the following definitions:—“‘member of the Forces’ means a person who is a member of the Forces as defined in section 4 of the
Re-establishment and Employment Act 1945;“‘probationary tradesman’ means an adult member of the Forces whose employment as a probationary tradesman in a trade to which these Regulations apply is authorized by a Local Committee;”;
(
d ) by omitting from that regulation the definition of “the basic wage”;(
e ) by inserting in that regulation, after the definition of “the Minister”, the following definition:—“‘the war’ means the war as defined in section 4 of the
Re-establishment and Employment Act 1945;”; and(
f ) by omitting from that regulation the definition of “trainee” and inserting in its stead the following definition: —“‘trainee-tradesman’ means a member of the Forces (not being an apprentice) whose employment as a trainee-tradesman in a trade to which these Regulations apply, for the purpose of undergoing a course of training in an industrial establishment, is authorized by a Local Committee.”.
(2.) The National Security (Blacksmithing Trades Dilution) Regulations and the National Security (Boilermaking Trades Dilution) Regulations are amended respectively by omitting from regulation 4 the definition of “recognized tradesman” and inserting in its stead the following definition:—
“‘recognized tradesman’ means a person who, in relation to any trade to which these Regulations apply—
(
a ) was employed, prior to the twenty-ninth day of November, 1940, as a tradesman;(b) has qualified or qualifies by service as an apprentice for employment as a tradesman;
(c) has completed his course of training as a trainee-tradesman to the satisfaction of a Local Committee; or
(d) has been granted a certificate of recognition as a recognized tradesman in accordance with these Regulations;”.
(3.) The National Security (Electrical Trades Dilution) Regulations and the National Security (Sheet Metal Trades Dilution) Regulations are amended respectively by omitting from regulation 4 the definition of “recognized tradesman” and inserting in its stead the following definition:—
“‘recognized tradesman’ means a person who, in relation to any trade to which these Regulations apply—
(
a ) was employed, prior to the thirtieth day of October, 1941, as a tradesman;(
b ) has qualified or qualifies by service as an apprentice for employment as a tradesman;(
c ) has completed his course of training as a trainee-tradesman to the satisfaction of a Local Committee; or(
d )has been granted a certificate of recognition as a recognized tradesman in accordance with these Regulations;”.
(4.) Regulation 4 of the National Security (Engineering Trades Dilution) Regulations is amended by omitting the definition of “recognized tradesman” and inserting in its stead the following definition:—
“‘recognized tradesman’ means a person who, in relation to any trade to which these Regulations apply—
(
a ) was employed, prior to the eighth day of May, 1940, as a tradesman;(
b ) has qualified or qualifies by service as an apprentice for employment as a tradesman;(c) has completed his course of training as a trainee-tradesman to the satisfaction of a Local Committee; or
(
d ) has been granted a certificate of recognition as a recognized tradesman in accordance with these Regulations;”;
(5.) The National Security (Blacksmithing Trades Dilution) Regulations, the National Security (Boilermaking Trades Dilution) Regulations, the National Security (Electrical Trades Dilution) Regulations and the National Security (Sheet Metal Trades Dilution) Regulations are amended respectively by inserting in regulation 4, after the definition of “the war”, the following definition:—
“‘tradesman’ means a person employed in any of the classifications specified in notices published in pursuance of regulation 5 of these Regulations;”.
“5. These Regulations shall apply in all States to the sheet metal trades in which first class bench hands and welders are engaged.”.
(2.) The National Security (Engineering Trades Dilution) Regulations, the National Security (Boilermaking Trades Dilution) Regulations and the National Security (Electrical Trades Dilution) Regulations are amended respectively by omitting regulations 5a and 7.
(
a ) by omitting paragraph (c ) of sub-regulation (4.) of regulation 8 and inserting in its stead the following paragraph:—“(
c ) To determine the form of certificate to be granted to any person in accordance with the provisions of these Regulations;”; and(
b ) by omitting paragraphs (d ) and (f ) of that sub-regulation.
“(4.) Unless the contrary intention appears, a Local Committee shall have power to determine any matter arising under these Regulations in the State in which it is established and, without limiting the generality of the foregoing, the Committee shall have power in relation to that State—
(
a ) to authorize the employment of probationary tradesmen and trainee-tradesmen in accordance with the provisions of these Regulations;(
b ) to direct the removal from the Register in that State of the name of any probationary tradesman or trainee-tradesman;(
c ) to issue certificates of recognition as a recognized tradesman; and(
d ) to consider, and to issue directions to employers in relation to, any matters in dispute regarding the claims of persons under these Regulations or under any other law of the Commonwealth to employment in any trade to which these Regulations apply.”.
“14.—(1.) If a Local Committee is satisfied, upon application by any person, that that person is—-
(
a ) a recognized tradesman within the meaning of paragraph (a ), (b ) or (c ) of the definition of “recognized tradesman” in regulation 4 of these Regulations;(
b ) a member of the Forces who has, during the period of the war, acquired the skill necessary for the performance of work ordinarily performed by a recognized tradesman; or(
c ) a probationary tradesman or trainee-tradesman who has satisfactorily completed any period of probationary employment or training in employment required by the Committee,
the Committee may, if it thinks fit, issue to that person a certificate of recognition as a recognized tradesman.
“(2.) If a Local Committee is satisfied that an adult member of the Forces who has had training and experience during the period of the war in a trade to which these Regulations apply could, within a period not exceeding twelve months, acquire the skill necessary for the performance of work ordinarily performed by a recognized tradesman, the Committee may, on the application of that member, authorize the employment, subject to the provisions of regulation 19 of these Regulations, of that member as a probationary tradesman in a trade to which these Regulations apply.
“(3.) If a Local Committee is satisfied that a member of the Forces who—
(
a ) has had training and experience during the period of the war in a trade to which these Regulations apply; and(
b ) is certified by a Regional Training Committee to be eligible for training benefits under the Commonwealth Reconstruction Training Scheme established under Part III. of theRe-establishment and Employment Act 1945,
could, within a reasonable period, acquire the skill necessary for the performance of work ordinarily performed by a recognized tradesman, the Committee may, upon the application of that member, authorize the employment, subject to the provisions of regulation 19 of these Regulations, of that member as a trainee-tradesman for the purpose of undergoing a course of training in an industrial establishment in a trade to which these Regulations apply.
“(4.) An application under sub-regulation (2.) or sub-regulation (3.) of this regulation shall, unless a Local Committee in any particular case otherwise permits, be made within six months after the date of discharge of the member of the Forces or the date of commencement of this regulation, whichever is the later.
“(5.) Before issuing a certificate to, or authorizing the employment of, any person in accordance with this regulation, the Committee may require that person to undergo a test of competence in the trade to which he seeks to be admitted.
“(6.) The employer of a probationary tradesman shall pay him at a rate not less than the rate of the wage prescribed by the appropriate award, order, determination or industrial agreement for adult males employed in the trade in which he is authorized to be employed.
“(7.) The employer of a trainee-tradesman shall pay him at a rate not less than the difference between the rate of the wage prescribed by the appropriate award, order, determination or industrial agreement for adult males employed in the trade in which he is authorized to be employed and the rate of the training allowance payable to him from time to time under the Commonwealth Reconstruction Training Scheme.
“(8.) Added tradesmen, probationary tradesmen and trainee-tradesmen shall be deemed not to be journeymen for the purpose of computing the number of apprentices who may be employed by an employer in accordance with the appropriate law or award, order, determination or industrial agreement.
“14a. In respect of any matters affecting
the employment, training or assessment of the efficiency of a trainee-tradesman
in any of the trades to which these Regulations apply, a Local Committee, in
the State in which it is constituted, shall be deemed to be an Industrial
Committee in respect of that trade for the purposes of Part III. of the
“16.—(1.) The Department shall establish and maintain a Register in each State and shall record therein the following particulars, namely:—
(
a ) In relation to persons to whom certificates of recognition as a recognized tradesman have been issued—(i) their names and addresses;
(ii) their ages;
(iii) the trade or trades in respect of which they have been recognized;
(
b ) In relation to probationary tradesmen and trainee-tradesmen—(i) their names and addresses;
(ii) their ages;
(iii) the trade in which their employment has been authorized;
(iv) the names and addresses of their employers;
(v) particulars of their transfers, dismissals, or other changes of employment; and
(vi) such other particulars as the Central Committee or the Local Committee in the State from time to time determines; and
(
c ) In relation to added tradesmen—(i) the particulars recorded in any Register established under these Regulations prior to the coming into force of this sub-regulation; and
(ii) the particulars supplied under sub-regulation (2.) of regulation 17 of these Regulations.
“(2.) Members of a Local Committee shall have access to the Register and related documents in the State in which the Committee is established and shall be entitled to make copies thereof or take extracts therefrom.
“17.—(1.) Every probationary tradesman and every trainee-tradesman shall, within seven days after the change, give notice in writing of any change of address or employment to the Secretary of the Local Committee in the State in which he formerly resided or was employed.
“(2.) Until the Central Committee otherwise determines, every employer shall, within seven days after the event, give notice in writing of the transfer, dismissal or other change of employment of any added tradesman employed by him to the Secretary of the Local Committee in the State in which the added tradesman is or was employed.
“18. A probationary tradesman or trainee-tradesman whose name is removed from a Register shall, while his name is so removed, be deemed not to be a probationary tradesman or trainee-tradesman, as the case may be, for the purposes of these Regulations.
“19.—(1.)
Subject to the provisions of these Regulations, the provisions of Division 2 of
Part II. of the
“(2.) An employer shall not, in the engagement or elevation of any person to carry out work ordinarily performed by a recognized tradesman of a particular classification, engage or elevate—
(
a ) a person other than a recognized tradesman if a recognized tradesman of that classification who is competent to perform that work is available and offering for that employment; and(
b ) a person other than a recognized tradesman or a probationary tradesman if a probationary tradesman of that classification who is competent to perform that work is available and offering for that employment.
“(3.) Upon the direction of a Local Committee, an employer shall cease to employ a person other than a recognized tradesman on work ordinarily performed by a recognized tradesman if a recognized tradesman who is of a classification appropriate to, and who is competent to perform, the work required is available and offering for that employment.
“(4.) An employer shall not, without the consent of a Local Committee—
(
a ) dismiss a recognized tradesman of a particular classification while any person of that classification, other than a recognized tradesman, is employed by him in the same establishment; or(
b ) dismiss a probationary tradesman of a particular classification while any person of that classification, other than a recognized tradesman or probationary tradesman, is employed by him in the same establishment.
“(5.) The provisions of sub-regulation (4.) of this regulation shall not prevent the exercise by an employer of any rights he may possess under any award, order, determination or industrial agreement to dismiss an employee for malingering, neglect of duty or misconduct:
Provided that an employee may appeal against any such dismissal, within seven days thereafter, to a Local Committee, which shall thereupon make such inquiries as it thinks fit and shall either—
(
a ) confirm the dismissal; or(
b ) direct the employer to reinstate the employee in his position, and to pay to the employee the remuneration which he would ordinarily have earned in that position for the whole or such portion (if any) of the period between his dismissal and re-instatement as it thinks just.”.
(2.) The National Security (Boilermaking Trades Dilution) Regulations are amended by inserting after regulation 18 the following regulation:—
“19.—(1.)
Subject to the provisions of these Regulations, the provisions of Division 2 of
Part II. of the
“(2.) An employer shall not, in the engagement or elevation of any person to carry out work ordinarily performed by a recognized tradesman, engage or elevate—
(
a ) a person other than a recognized tradesman if a recognized tradesman who is competent to perform that work is available and offering for that employment; and(
b ) a person other than a recognized tradesman or a probationary tradesman if a probationary tradesman who is competent to perform that work is available and offering for that employment.
“(3.) Upon the direction of a Local Committee, an employer shall cease to employ a person other than a recognized tradesman on work ordinarily performed by a recognized tradesman if a recognized tradesman who is declared by the Committee to be competent to perform the work required is available and offering for that employment.
“(4.) An employer shall not, without the consent of a Local Committee—
(
a ) dismiss a recognized tradesman who is competent to perform the work required while any tradesman, other than a recognized tradesman, is employed by him in the same establishment; or(
b ) dismiss a probationary tradesman who is competent to perform the work required while any tradesman, other than a recognized tradesman or probationary tradesman, is employed by him in the same establishment.
“(5.) The provisions of sub-regulation (4.) of this regulation shall not prevent the exercise by an employer of any rights he may possess under any award, order, determination or industrial agreement to dismiss an employee for malingering, neglect of duty or misconduct:
Provided that an employee may appeal against any such dismissal, within seven days thereafter, to a Local Committee, which shall thereupon make such inquiries as it thinks fit and shall either—
(
a ) confirm the dismissal; or(
b ) direct the employer to reinstate the employee in his position, and to pay to the employee the remuneration which he would ordinarily have earned in that position for the whole or such portion (if any) of the period between his dismissal and re-instatement as it thinks just.
“20.—(1.) Where a Local Committee has directed or approved or consented to the dismissal of a person from employment or the refusal by an employer to engage or elevate a person in employment, and that person or the employer considers that the direction, approval or consent is not justified by the provisions of these Regulations, he may request the Chairman of the Local Committee to refer the matter to the Central Committee, and the Chairman shall, as soon as practicable, refer the matter accordingly.
“(2.) Upon a reference under this regulation, the Central Committee shall review the decision of the Local Committee and may confirm or reverse the direction, approval or consent of the Local Committee, and give such directions as it considers necessary in order to give effect to its decision, and for a just settlement of the matter.
“(3.) Any person aggrieved by a decision of the Central Committee under the last preceding sub-regulation may, within fourteen days after the decision, appeal against the decision to the appropriate Supreme Court constituted by a single judge of the Court and, in any such case, that Court shall have jurisdiction to hear the appeal.
“(4.) On the hearing of the appeal, the Court shall make such order as it thinks just and reasonable in the circumstances, and the decision of the Court shall be final and conclusive.
“(5.) The practice and procedure on an appeal under this regulation shall be as the Court directs.
“(6.) In this regulation, ‘the appropriate Supreme Court’ means the Supreme Court of the State in which the Local Committee which directed, approved or consented to the dismissal is constituted.
“21.—
(1.) A person shall not be entitled to make an application to a court of
summary jurisdiction under section 28 of the
“(2.)
In any prosecution of an employer for a contravention of regulation 19 of these
Regulations, and in any proceedings against an employer under section 28 of the
“21a. A person shall not fail to comply with any order of a court or direction of a Committee made or given under these Regulations.”.
“21b. Nothing in these Regulations shall entitle a recognized tradesman, a probationary tradesman or a trainee-tradesman to be employed on electrical operations for the performance of which the holding of a licence or certificate is required by or under the law of the Commonwealth or of a State or Territory of the Commonwealth unless he holds such a licence or certificate, and any certificate issued under these Regulations shall be endorsed accordingly.”.
“21b. A recognized tradesman whose classification is that of second-class machinist (including brass finisher), motor cycle mechanic, motor mechanic, motor tuner and tester or key-seating machinist shall, in relation to his employment in any other engineering trade to which these Regulations apply, be deemed not to be a recognized tradesman.”.
_______________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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