Women's Employment Regulations 1942 (Cth)

THE SCHEDULE. sees. s, 4, 5,.

PROVISIONS RELATING TO THE EMPLOYMENT OF WOMEN.t

VOME.'a EmPi.vvciENT ROULATIONS.

I. These Regulations may be cited as the Women's Employment Regulations. Citation.

2. These Regulations shall be administered by the Minister of State for Labour Administratih,,

and National Service.

4. In these Regulations, unless the contrary intention appears-. Definition,.

determination " includes any determination or other decision of any authority

of the Commonwealth or of a State having power to fix rates of payment

for employees of the Commonwealth or of the State or of any authority of

the Commonwealth or of the State, as the case may be ;

"employer - includes the Crown (whcthcr in r;ht of the Commonwealth or of

a State), and all instrumentalities or authorities of or under the Crown

(whether in right of the Commonwealth or of a State) ;

" Industrial Authority " means any tribunal or person constituted by or under any law of the Commonwealth for the purpose of hearing and determining industrial disputes and making awards, orders or determinations in settle- ment thereof, and any tribunal -which is a State Industrial Authority within

the meaning of the Commonwealth Conciliation and Arbitration Act 1904-1934,

and also includes the Public Service Arbitrator;

munitions of war " includes the. whole or any part of any ship, submarine,

aircraft, tank or similar vehicle or engine, arms, armaments, ammunition.

of Women) Regulations as amended to the 22nd September, 1942.

vehicle, bomb, torpedo, mine or other article, material or device (whether

actual or proposed) intended or adapted for use in war;

the Board " means the Women's Employment Board established under these

Regulations;

"	the Court " means the Commonwealth Court of Conciliation and Arbitration;
"	the Secretary " means the Secretary, Department of Labour and National

Service.

5.-(1.) For the purposes of these Regulations there shall be a Women's Employ- ment Board consisting of a Chairman, one representative of the Commonwealth, of Women's Establhihmeat

one representative of employers other than the Commonwealth, and two representa- EmploymentBoard.

tives of employees.

(2.) The members of the Board shall be appointed by the Minister.

(3.) Before appointing the representative of employers other than the Common-

wealth, the Minister shall consult with the appropriate employers' organizations, and, before appointing the representative of employees, he shall consult with the Australasian Council of Trade Unions.

* These provisions, with the exception of the citation (regulation 1) and the omission of regulation

3 (the operation of which is exhausted), are identical with those of the National Security (Employment

No. 55. Women's Employment. 1942.

THE SCHEDuL -continued.

(4.) In the absence of any representative member of the Board the Minister shall

appoint a substitute for the absent member, but, in the event of the substitute failing to attend a meeting of the Board to which he has been summoned by the Chairman, the Board may validly proceed in his absence.

(5.) The Chairman of the Board may, at his discretion, appoint from time to time (according to the subject-matter to be dealt with by the Board) two advisers, who shall sit with and advise the Board but shall not otherwise take any part in the decision of the Board on any application.

(6.) Of the advisers so appointed, one shall, if practicable, represent employers and one shall, if practicable, represent employees.

(7.) The Chairman and two other members of the Board shall form a quorum, and, when a quorum is present, the Board may validly function notwithstanding the absence of the representative or representatives of any party.

(8.) All questions before the Board shall be decided by a majority of votes:

Provided that where the Board is equally divided upon any question the matter shall be decided in accordance with the vote of the Chairman.

(9.) Subject to these Regulations, the Board may make rules governing its own

procedure or in relation to applications to the Board.

Functions e 5A. Without prejudice to anything contained in these Regulations, the functions

Board.	of the Board shall be to fix the remuneration, hours and conditions of employment of certain women employed in industry during the emergency created by the present
war.

Reference of 5B.-(1.) The Board may refer to an Industrial Authority of the State of Western

applications to	Australia for consideration and decision the whole or any part of an application under
an Industrial	Authority in	these Regulations in relation to the employment of females in that State, and the
Western	Industrial Authority shall have, for the purposes of such consideration and decision.
AmLtralla.	all the powers and functions of the Board and of the Chairman of the Board, and the provisions of these Regulations in relation to decisions of the Board shall apply as if the decision of the Industrial Authority were a decision of the Board.
(2.) In considering and deciding the application or part thereof, the Industrial Authority shall have regard to any decisions of the Board in respect of similar employment.
(3.) A copy of every decision of the Industrial Authority shall be forwarded forthwith to the Board, and the Board may review the decision witbin three months
from the date of the decision.
(4.) On such review, the Board may confirm, vary or set aside the decision or any term thereof or may reconsider the whole or any part of the application and may make such decision thereon as if it had considered the application or part thereof
in the first instance.
(5.) Any rate of payment to be made in accordance with any decision made by the Board on such review shall apply in respect of the work done by any female as on and from such date (whether before or after the commencement of this regulation, but,
where that rate is less than the rate decided by the Industrial Authority, not earlier
than, the date of the decision of the Board, and, in any event, not earlier than the second day of March, 1942) as the Board specifies, but any payment made to that female in respect of the work prior to the date of the decision of the Board shall be set
off against any payment to be made under the decision.

(6.) In this regulation-

" decision" includes variation or interpretation of a decision.

Application for	6.-(1.) Where an employer has, since the second day of March, 1942, employed, males or work which was, prior to that employment of females, or is, performed by males in the establishment of that employer, or is work which, prior to that employ- ment or proposed employment of females, was not being performed in Australia by any person, the employer shall, unless an application in relation to that employment has already been made, forthwith make application to the Board for a decision in accordance with this regulation.
permisslon to	is employing, or proposes to employ, females on work which is usually performed by
employ
female-.

(2.) A person who makes any such application shall forthwith furnish one copy

thereof to the Secretary and one copy to such organization or to each of such

organizations of employees and employers as the Chairman of the Board specifies.

(3.) Upon receipt of any such application the Board shall forthwith proceed to

consider the application.

(4.) The Board, after consideration of the application, shall decide-

(a) whether the work specified in the application is work specified in sub-regula.

tion (1.) of this regulation;

1942. I omen's Employment. No. 55.

THE SCHEDULE-continued.

(b) in respect of the employment of females on work held in pursuance of these

Regulations to be work specified in sub-regulation (1.) of this regulation-

(i) whether females may be employed, or may continue to be employed,

thereon ;

(ii) the hours during which females may be employed thereon, and the

maximum daily and weekly hours of work of females employed

thereon;

(iii) the special conditions (if any) regarding the safety, health and

welfare of females employed thereon to be observed by the

employer;

(iv) whether the employment of females thereon should in the first place

be on probation;

(v) if the Board decides that the employment should in the first place

be on probation-

(1) the period of probation ; and

(2) during the period of probation, the rate of payment to be

made to females employed on that work:

Provided that the rate of payment to be made to any

adult female employee shall not be less than sixty per

centum of the rate of payment made to adult males

employed on work of a substantially similar nature;

(vi) the rate of payment to be made to females employed on that work, if the Board decides that the employment of females on that work should not in the first place be on probation, or after a period of probation determined in pursuance of these Regulations.

(4A.) Notwithstanding anything contained in these Regulations, where by or

under any law of a State or Territory of the Commonwealth, the employment of females

on work in or about any bar-room of any licensed premises is prohibited (whether

absolutely or subject to specified exceptions), any decision of the Board (whether given before or after the commencement of this sub-regulation and whether given unconditionally or subject to conditions) that females may be employed on that work shall not, in so far as it is inconsistent with that law, have any force or effect unless and until the decision is approved by the Minister of State for Labour and National Service by order published in the Gazette.

In this cub-regulstion, the expression " licensed premises " means premises in respect of which a licence for the sale or supply of intoxicating liquor is in forps or

deemed to be in force.

(5.) The Board shall decide a rate of payment under sub-paragraph (vi) of paragraph (b) of sub-regulation (4.) of this regulation which it considers to be just and proper in all the circumstances and shall, as far as is practicable, assess that rate by reference to such factors as it thinks fit and in particular to the efficiency of females

in the performance of the work and any other special factors which may be likely

to affect the productivity of their work in relation to that of males:

Provided that-

(a) the rate of payment so decided for any adult female employee shall not be	less than sixty per centum, nor more than one hundred per centum, of the
rate of payment made to adult males employed on work of a substantially
similar nature; and

(b) the rate of payment made to any female employee, or to females in respect of the performance of any work, not being a rate decided by the Board, shall not be reduced by any decision of the Board.

7. Any female employed on work specified in sub-regulation (1.) of regulation 6 Application

of these Regulations, or any organization of employees to which any such female by female

belongs, may make application to the Board for a determination of the rate of payment employee or

to be made to, or the hours and conditions to be observed in espect of, of female

females employed on that work and the Board shall forthwith deal with the application employees.

as if it were an application under regulation 6 of these Regulations.

8. The Board may, on the application of any party bound by a decision of the Additional

Board, or of its own motion-	powers of
Board.

(a) vary the decision;

(b) re-open any question in relation to which the decision was given;

(c) give an interpretation of any term of the decision ; or

(d) set aside the decision or any term of the decision.

No. 55. Women's Employment. 1942.

THE SCHEDULE-COntinued.

Dcisions of 9. Any decision of the Board, and any variation or interpretation of any such

Board binding	decision, shall be binding on the emplover or employers specified in the decision, his
on partle.; to
aPilctine,	employees and the organizations of employees whose members are affected by the decision, and shall be filed in the Court, and shall thereupon have effect in all respects and be enforceable as if it were an award or order of the Court.

teda,-trial	10. During the currency of any decision of the Board no provision of any award,
Authority

not to make	order or determination made by an Industrial Authority dealing with the subject-
award	matter dealt with by the decision or any variation thereof and inconsistent with the
incons-teint	decision or variation, and no decision or determination of any authority of tile Com-
with duction	monwealth or a State with respect to female employees of the Commonwealth or State
if Board.	inconsistent with the decision of the Board or any variation thereof, shall be effective.

Employment 11.-(l.) Notwithstanding anything contained in these Regulations, or in any law

of females in	or any instrument (including any award, order, determination or agreement) having
Department
of Mnitions,	effect by virtue of any law, any female may be employed in the Department of
&r.	Munitions or the Department of Aircraft Production or, with the approval of the Director-General of Munitions or the Director-General of Aircraft Production, by
any employer, on work reserved to males by any such law or instrument or work
s~eeified in sub-regulation (.) of regulation 6 of these Regulations.

(2.) Within fourteen days after the commencement of the employment of i ft-male

on any such work, the Secretary of the l)epartment concerned shall cause a notification to be furnished to the Board setting out fully the nature of the work on which the female is employed.

(3.) Any person who furnishes such a notification shall forthwith furnish one copy

thereof to the Secretary and one copy to such organization or to each of such

organizations of employees or of employers as the Chairman of the Board specifies.

(4.) Any such notification shall be dealt with as if it were an application under

regulation 6 of these Regulations:

Provided that the Board shall not decide that females may not be employed on

any such work.

(5.) Pending the making of a decision in consequence of any such notification, any

female so employed shall be paid at a rate determined by the appropriate Minister of

State.

C'mmeornenran 12. Any rate of payment to be made in accordance with a decision, order or

of rate of	tiy.	interpretation given or made by the Board in pursuance of these Regulations shall
apply in respect of the work done by any female as on and from such date (whether before or after the commencement of these Regulations, but, where that rate is less
than the rate payable immediately prior to the date of the decision, order or interpretation, not earlier than that date, and in any event, not earlier than the second day of March, 1942) as the Board specifies, but any payment made to that
female in respect of the work prior to the date of the decision, order or interpretation
of the Board shall he set off against any payment to 1 e made under the decision, order
or interpretation.

inspection of 13. Where, by virtue of these Regulations or of any decision made thereunder, a

roni.es.	female is employed on work customarily performed by males, an accredited representative of any organization of employees referred to in sub-regulation (2.) of
regulation 6 or sub-regulation (3.) of regulation 11 of these Regulations may inspect
the premises in, and the work on which, that female is employed at any time during
which the female is at work :

Provided that any such inspection shall be made-

(a) only after notice for a reasonable period (not less than twenty-four hours)

has been furnished to the employer of the female by the organization of

employees or its accredited representative; and

(b) in such manner as will not interfere with the performance of any work in the

premises.

State factory	14.-(l.) Notwithstanding anything contained in the law of any State-
laws not to	(a) work may be performed by females in any factory or estab!ishment engaged

ipply in certain	in the manufacture, production, repair or overhaul for war purposes of
Ca-,.	munitions of war; and

(b) females may be employed on work in the factory or establishment,

on such days and for such hours as the Minister, or a Terson authorized by him for the

purposes of this regulation, approves.

(2.) The employment of any female under any approval so given shall be subject

to the observance of such conditions regarding the safety, health and welfare of ft male

employees as the Minister requires. '

1942. Women's Employment. No. 55.

(3.) Before giving any approval under this regulation, the Minister or person so

authorized shall consult with the appropriate organization of employees.

14A.-(l.) The Board may hear evidence, make inspections or otherwise inforn itself in any manner that it thinks proper in the circumstances.	Manner in
which Boqrd

authorized by the Chairman of the Board full and free access to his premises for the itself. (2.) An employer shall allow to any member of the Board oi to any perso~n may inform

purposes of these Regulations.

15.-(1.) For the purpose of the consideration and decision of matters in respect Witnsse,.

of any application under these Regulations, the Chairman of the Board shall have

powers with respect to the summoning of witnesses before the Board and the taking of evidence of a like kind to those exercisable by the Court or the Chief Judge of the Court for the purpose of hearing and determining an industrial dispute of which the Court has cognizance.

(2.) A person who has been summoned to appear or who has appeared before the Board 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 of the

Board to answer; or

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

Chairman to produce.

16. The members of the Board and their substitutes (if any), and advisers appointed under sub-regulation (5.) of regulation 5 of these Regulations shall be paid such allowances	Fees and
remuneration and travelling allowances as the Minister, by order, determines.	to mnmbers.