Women's Employment Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 92.

REGULATIONS UNDER THE WOMEN’S EMPLOYMENT ACT 1942.*

I, THE DEPUTY OF 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 Women’s Employment Act 1942.

 

Dated this eighth day of April, 1943.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

 

E. J. WARD

Minister of State for Labour and National Service.

 

Amendments of the Women’s Employment Regulations.

Interpretation.

1. In these Regulations “the Women’s Employment Regulations” means the Regulations in force by virtue of the Women’s Employment Act 1942 and the Women’s Employment Regulations (No. 2).

Definitions.

2. Regulation 4 of the Women’s Employment Regulations is amended by inserting, after the definition of “munitions of war”, the following definition:—

“‘the Act’ means the Women’s Employment Act 1942;”.

Establishment of Women’s Employment Board.

3. Regulation 5 of the Women’s Employment Regulations is amended—

(a) by omitting from sub-regulation (4.) the word “shall” and inserting in its stead the word “may”; and

(b) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

“(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 interest, and notwithstanding any vacancy in the Board.”.

 

* Notified in the Commonwealth Gazette on 8th April, 1943.

  See the Schedule to the Women’s Employment Act 1942, and Statutory Rules 1943, No. 75.

 

Application for permission to employ females.

4. Regulation 6 of the Women’s Employment Regulations is amended by substituting for sub-regulation (1.) the following sub-regulation:—

“(1.) Where an employer proposes to employ, is employing, or has at any time since the second day of March, 1942, employed, females on work—

(a) which is usually performed by males;

(b) which within the establishment of that employer, was performed by males at any time since the outbreak of the present war; or

(c) which prior to the outbreak of the present war, was not performed in Australia by any person,

the employer shall, unless an application in relation to that employment has already been made (whether before or after the commencement of this sub-regulation), or a decision of the Board in respect of that work is in force, or a decision in respect of that work is in force by virtue of the Act, forthwith make application to the Board for a decision in accordance with this regulation.”.

5. After regulation 6 of the Women’s Employment Regulations the following regulation is inserted:—

Periodwithin which applications to be made in certain cases.

“6a. Where at the commencement of this regulation an employer is employing females on work specified in sub-regulation (1.) of regulation 6 of these Regulations and an application has not been made (whether before or after the commencement of this regulation) in relation to that employment, and there is not in force in respect of that employment, any decision of the Board or any decision given full force and effect by the Act the employer shall, within fourteen days after the commencement of this regulation, make an application for a decision of the Board in respect of that employment.”.

6. After regulation 7 of the Women’s Employment Regulations the following regulation is inserted:—

Power of Board to give decisions.

“7a.—(1.) The Board may, of its own motion, or on the application of any organization of employers or employees, give in respect of any work specified in sub-regulation (1.) of regulation 6 of these Regulations any decision which it would be required to give under these Regulations if an application were made under that sub-regulation in respect of that work.

“(2.) A decision made under the last preceding sub-regulation shall, as specified in the decision, apply to—

(a) all or any employers;

(b) all employers included in a class of employers specified by the Board; or

(c) all or any employers in any area specified by the Board,

employing, at any time during the currency of the decision, any females on work of the kind specified in the decision.

 

“(3.) The Board, before giving a decision in pursuance of this regulation, shall, by notification published in the Gazette and in such other publications, if any, as the Board determines—

(a) specify the decision which it proposes to give;

(b) specify the employers on whom it proposes the decision shall be binding; and

(c) make known that all persons and organizations interested and desirous of being heard may on or before a day named in the notification, not being earlier than the fourteenth day after the publication, appear or be represented before the Board.

“(4.) The Board shall hear all such persons and organizations appearing or so represented and may thereafter make such decision as it thinks fit.”.

Additional powers of Board.

7. Regulation 8 of the Women’s Employment Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) re-open any question in relation to which the decision was given and give a decision thereon;

Inspection of premises.

8. Regulation 13 of the Women’s Employment Regulations is amended—

(a) by omitting the word “customarily” and inserting in its stead the word “usually”; and

(b) by inserting after the word “Regulations” (second occurring), the words “or any person authorized by the Board to act under this regulation”.

Witnesses.

9. Regulation 15 of the Women’s Employment Regulations is amended by omitting from sub-regulation (1.) the words “in respect of any application”.

Pendingapplications.

10. Any application under the provisions in the Schedule to the Women’s Employment Act 1942, relating to the employment of women, as amended by Statutory Rules 1942, No. 548 and Statutory Rules 1943, No. 41, which was pending immediately prior to the date of disallowance of Statutory Rules 1942, No. 548, shall be considered and decided by the Women’s Employment Board as if the application had been made under the Women’s Employment Regulations, as amended by these Regulations, and any evidence given before that date, in relation to any such application, may be considered, in relation to that application, as if it had been given under the Women’s Employment Regulations as so amended.

Repeal.

11. Statutory Rules 1943, No. 41, is repealed.

 

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