STATUTORY RULES.
1925. No. 209.
REGULATIONS UNDER THE DEFENCE ACT 1903-1918.
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 Defence Act 1903-1918 to come into operation as from 1st March, 1926.
Dated this second day of December, 1925.
STONEHAVEN,
Governor-General.
By his Excellency’s Command,
NEVILLE HOWSE,
Minister of State for Defence.
Regulations for Civilian Staff (Other Than Government Factories) Under Defence Act, Section 63.
Amendment.
Regulation 1.—Delete definition “officer” and insert in lieu thereof the following:—
“ ‘Officer ’ means a person who is employed in pursuance of sub-sections (1) and (2) of section 63 of the Act, in a permanent capacity in connexion with the Department of Refence and who is appointed by the Governor-General, and shall include persons appointed by the Governor-General to be foremen in Government Munitions Establishments.”
Regulation 4.—After Regulation 4 (3) insert new sub-regulation (4):—
“(4) The hours of attendance of foremen employed in Government Munitions Establishments shall be 48 per week and shall be worked on six days per week, Monday to Saturday inclusive—eight and three-quarter hours Monday to Friday inclusive, and four and one-quarter hours on Saturday—such hours to be worked between the hours of 7 a.m. to 5.30 p.m. on Mondays to Fridays inclusive, and 7 a.m. to 12.30 p.m. on Saturdays.
Provided that, if necessary, there may be shift work, and in such cases the hours for any one shift shall not exceed eight and three quarter hours.
Provided further that the Minister may fix less than 48 hours as a week’s work.”
C.17974.—Price 3d.
Regulation 82a—After Regulation 82 insert new Regulations 82a and 82b:—
“82a. The number of persons appointed by the Governor-General to be foremen in the Government Munitions Establishments shall not exceed fifteen, provided that the Minister may employ persons in excess of such number to be temporary foremen.
82b. To be eligible for appointment as foreman in Government Munitions Establishment, a person shall have been employed for not less than ten years in a Government Establishment five years of which must have been in the position of temporary foreman in a Government Munitions Establishment, and shall possess such technical and educational qualifications as may be prescribed by the Minister.
82c. The rates of salary or wages to be paid to foremen and temporary foreman shall be as fixed by the Minister.
82d. All temporary foremen shall be engaged temporarily by the day, and their engagements shall be terminable without notice on either side, provided that a temporary foreman engaged under agreement shall be subject to the terms of such agreement. Employment as a temporary foreman shall not establish any claim to permanent employment on any ground whatever.
82e. With the exception of Regulations 51 and 52a, the word ‘officer’ shall be read to include temporary foremen.”
Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1925 No. 209, issued under the Defence Act 1903-1918, were enacted by the Governor-General in Council to establish regulations governing civilian staff, specifically foremen, within Government Munitions Establishments. These regulations aimed to provide clarity and structure in the appointment, terms of employment, and duties of foremen in munitions establishments, ensuring efficient management and operation of these vital defence-related facilities. The policy objective was to streamline the appointment process, define the qualifications and conditions of service for foremen, and ensure that their roles were effectively managed to support national defence efforts. These regulations came into operation on 1st March 1926, marking a formalisation of practices that had been informally managed under previous arrangements.
Scope and Application
The Regulations under the Defence Act 1903-1918 apply to individuals employed in the Department of Defence and specifically to those working in Government Munitions Establishments. The scope of the Regulations encompasses the appointment, employment terms, and conditions of foremen and temporary foremen within these establishments. The geographic reach of these regulations is limited to the Commonwealth of Australia, as they are federal regulations enacted under the Defence Act. The regulations define the roles, eligibility criteria, and employment terms for foremen, including qualifications, hours of work, and rates of pay. Notably, the regulations set a maximum of fifteen permanent foremen appointments, with allowances for temporary foremen under certain conditions. The Minister has the authority to adjust the number of foremen and set their wages. The regulations do not explicitly state exclusions but imply that certain provisions may not apply to temporary foremen as per specific regulations. The applicability of these regulations can be extended or modified through subordinate instruments as authorised by the Defence Act.
Key Provisions
The Regulations under the Defence Act 1903-1918, made pursuant to section 63 of the Act, define the term "officer" to include individuals employed in a permanent capacity with the Department of Defence, appointed by the Governor-General, and those appointed as foremen in Government Munitions Establishments (Reg. 1). Furthermore, these Regulations specify the hours of attendance for foremen, stipulating 48 hours per week worked on six days, Monday to Saturday, with specific time frames for each day (Reg. 4). It is noted that shift work may be implemented, provided that no shift exceeds eight and three-quarter hours, and the Minister retains the authority to reduce the weekly hours if necessary.
These Regulations impose certain obligations on both the employers and the employees within the Government Munitions Establishments. Employers are required to adhere to the specified working hours and conditions for foremen, ensuring compliance with the stipulated weekly hours and daily working periods (Reg. 4). Employees, particularly those appointed as foremen, must meet the eligibility criteria, which includes a minimum of ten years of employment in a Government Establishment, with at least five years as a temporary foreman in a Government Munitions Establishment, and possess the technical and educational qualifications prescribed by the Minister (Reg. 82b). Additionally, the Minister has the authority to fix the number of foremen appointments, potentially exceeding the limit of fifteen, and determine the rates of salary or wages for both permanent and temporary foremen (Reg. 82a and 82c).
Violations of the Regulations may result in various consequences. For instance, employers found in breach of the specified working hours or conditions may face administrative actions, and employees failing to meet the eligibility criteria or working conditions may have their employment terminated. The Regulations explicitly state that engagement as a temporary foreman does not confer any claim to permanent employment, highlighting the temporary nature of such positions (Reg. 82d). Moreover, the Minister's authority to fix salaries and wages underscores the importance of adherence to these terms, with potential repercussions for non-compliance.