National Security (Wheat Harvest Employment) Regulations (Cth)

STATUTORY RULES.

1942. No. 471.

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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 twenty-third day of October, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. P. LAZZARINI

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

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National Security (Wheat Harvest Employment) Regulations.

Citation.

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

Administration.

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

Object.

3. The object of these Regulations is to give effect to a decision reached at a conference of representatives of the Australian Wheatgrowers’ Federation and the Australian Workers’ Union held at Canberra on the sixth day of October, 1942, in regard to the determination of rates of remuneration and conditions of work for persons engaged in the harvesting of wheat sown during the year 1942, and to the obtaining and directing of man power for the purpose of such harvesting, and these Regulations shall be administered and construed accordingly.

Definitions.

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

“Committee” means a Local Wheat Harvest Employment Committee appointed under these Regulations; and

“the Commission” means the Wheat Harvest Employment Commission established under these Regulations.

Wheat Harvest Employment Commission.

5.—(1.) There shall be a Wheat Harvest Employment Commission, consisting of a Chairman, two representatives of the Australian Wheatgrowers’ Federation and two representatives of the Australian Workers’ Union.

 

* Notified in the Commonwealth Gazette on 23rd October, 1942.

7523.—Price 3d.

 

(2.) TheChairman shall be a person who holds the office of Judge of the Commonwealth Court of Conciliation and Arbitration or 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).

(3.) The members of the Commission shall be appointed by the Minister, and shall hold office during the pleasure of the Minister upon such terms and conditions as the Minister determines.

Local Wheat Harvest Employment Committees.

6.—(1.) The Minister may, on the recommendation of the Commission, appoint Local Wheat Harvest Employment Committees.

(2.) A Committee shall exercise its powers and functions under these Regulations within such limits as to locality or otherwise as are directed by the Minister or the Commission.

(3.) A Committee shall consist of a Chairman, two representatives of the Australian Wheatgrowers’ Federation and two representatives of the Australian Workers’ Union.

(4.) The members of a Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister upon such terms and conditions as the Minister determines.

Acting Chairman and deputies of members.

7.—(1.) In the event of the illness or absence of the Chairman of the Commission or of a Committee, the Minister may appoint some other person to be Acting Chairman, and the Acting Chairman shall have and may exercise all the powers and functions of the Chairman.

(2.) An Acting Chairman of the Commission shall be a person who is qualified to be appointed as Chairman of the Commission.

(3.) In the event of illness or absence of any member of the Commission or of a Committee other than the Chairman, the Minister may appoint a person to be the deputy of that member, and the deputy, at any meeting of the Commission or of the Committee, shall have and may exercise all the powers and functions of the member of whom he is the deputy, and shall be counted in the place of that member for the purposes of any quorum.

(4.) Any such appointment of an Acting Chairman or a deputy, and any acts done by him as such, shall not be questioned in any proceedings on the grounds that the occasion for his appointment or the exercise of his powers had not arisen or had ceased.

Meetings.

8.—(1.) The Commission and any Committee shall meet at such times and places as the Chairman of the Commission or the Committee (as the case may be) determines.

(2.) At any meeting of the Commission or of a Committee the Chairman or Acting Chairman of the Commission or the Committee (as the case may be), together with one representative of the Australian Wheatgrowers’ Federation and one representative of the Australian Workers’ Union, shall form a quorum.

(3.) All questions before the Commission or a Committee shall be decided by a majority of votes.

(4.) The Chairman of the Commission or of a Committee shall have a deliberative and also a casting vote.

 

Functions of Commission.

9. The functions of the Commission shall be—

(a) to determine the rates of remuneration and the conditions of work of persons engaged on manual work in connexion with the harvesting of wheat sown during the year 1942; and

(b) to co-operate with the persons and authorities concerned with the provision, direction and allocation of man power on any matter relating to the obtaining, directing and allocating of man power for the purpose of harvesting wheat sown during the year 1942.

Functions of Committees.

10.—(1.) A Committee may exercise such powers and functions of the Commission (other than those specified in regulation 14 of these Regulations) as the Commission specifies.

(2.) Without limiting the generality of the last preceding sub-regulation, a Committee shall co-operate with local man power officers and the Central Executive of the War Agricultural Committee of the State in which the Committee functions with a view to securing the fullest use of man power available for the harvesting of wheat.

(3.)Where required by the Commission, a Committee shall investigate and report on any matter referred to it by the Commission.

Determinations of Commission, &c.

11.—(1.) The Commission may declare that any rate of remuneration or conditions of work determined by it shall apply—

(a) to such persons or classes of persons;

(b) to such work;

(c) to such localities; and

(d) from such date,

as is or are specified by the Commission, and that rate of remuneration and those conditions of work shall have effect accordingly.

(2.) The Commission may, by a subsequent determination, vary or revoke any determination made by it, and give binding interpretations of any such determination.

(3.) Every determination of the Commission shall have effect notwithstanding anything contained in or done tinder any law of the Commonwealth or of any State or Territory of the Commonwealth.

Observance of determinations.

12. An employer of any person to whoma rate of remuneration or conditions of work determined by the Commission apply shall not fail to pay that rate of remuneration or observe those conditions of work.

Recovery of remuneration.

13. Any remuneration payable to any person in accordance with a determination of the Commission may, notwithstanding any agreement to accept any lower remuneration, be sued for and recovered as a debt in any court of competent jurisdiction.

Power to hear evidence and summon witnesses.

14.—(1.) For the purposes of any of its functions under these Regulations, the Commission may hear evidence and may otherwise inform itself in any manner that it thinks proper in the circumstances.

(2.) The Chairman of the Commission shall have power to summon witnesses, to administer an oath to any person appearing as a witness before it, and to order the production of books or documents required by the Commission for the purposes of these Regulations.

 

(3.) A summons under this regulation may be served on the person, to whom it is addressed personally, or by post at his usual or last known, place of abode or business.

(4.) A person who has been summoned to appear or who has appeared before the Commission as a witness shall not (without just cause, proof whereof shall lie upon him)—

(a) disobey the summons so to appear;

(b)refuse to be sworn or make affirmation as a witness;

(c) refuse to answer any question which he is required by the Chairman to answer;

(d)refuse to produce any books or documents which he is required by the Chairman to produce; or

(e) commit any contempt of the Commission.

15. Witnesses before the Commission may be paid such fees and expenses as the Chairman determines.

 

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