STATUTORY RULES.
1925. No. 219.
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 January, 1926.
Dated this eighteenth day of December, 1925.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for 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 Defence 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.86.—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 a 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 foremen 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
Statutory Rules 1925 No. 219, Regulations under the Defence Act 1903–1918, was enacted to address the need for clear regulations governing civilian staff within the Defence Department, particularly focusing on foremen in Government Munitions Establishments. These regulations were established by the Governor-General in accordance with the Defence Act and came into operation on 1 January 1926. The objective was to ensure orderly administration and efficiency within the Munitions Establishments by setting forth detailed conditions of employment for foremen, including their hours of work, qualifications, and terms of engagement. This legislative instrument was issued to provide comprehensive guidelines for the management and oversight of civilian staff in these critical roles, reflecting a policy objective of maintaining a well-organised and capable workforce within the Defence sector.
Scope and Application
These regulations, made under the Defence Act 1903-1918, govern the employment of civilian staff, specifically foremen, within government munitions establishments. The regulations redefine "officer" to include permanent staff employed by the Department of Defence and appointed by the Governor-General, as well as foremen appointed under the Governor-General’s authority. The scope of these regulations applies to individuals employed in permanent and temporary capacities within government munitions establishments, setting out specific conditions for their employment, including maximum weekly hours, shift work provisions, and eligibility criteria for foreman positions. These regulations have a national reach as they are issued under the Commonwealth of Australia. Notably, the regulations also allow the Minister to set salaries and make exemptions in certain conditions, such as reducing the number of hours worked in specific circumstances.
Key Provisions
The regulations set forth in Statutory Rules 1925 No. 219 under the Defence Act 1903–1918 provide specific guidelines for civilian staff, particularly foremen, in Government Munitions Establishments. Regulation 1 redefines the term “officer” to include those employed permanently by the Department of Defence and appointed by the Governor-General, as well as foremen in Government Munitions Establishments. Regulation 4 outlines the work hours for foremen, stipulating a 48-hour workweek, with six days of work from Monday to Saturday, and specific hours from 7 a.m. to 5.30 p.m. on weekdays and 7 a.m. to 12.30 p.m. on Saturdays, though shift work is permissible with certain conditions. Regulation 82a limits the number of permanent foremen to fifteen but allows for the employment of temporary foremen beyond this number. Regulation 82b establishes the eligibility criteria for foremen, requiring ten years of employment in a Government Establishment, with at least five years as a temporary foreman in a Government Munitions Establishment, and prescribed technical and educational qualifications. Regulation 82c grants the Minister the authority to set salary rates for both permanent and temporary foremen. Regulation 82d specifies that temporary foremen are employed by the day and can be terminated without notice, with no claim to permanent employment arising from such temporary positions.
These regulations impose several obligations on both the Department of Defence and the employees in question. The Department must ensure that any civilian staff, particularly foremen, are appointed according to the new definitions and eligibility criteria outlined in the regulations. Foremen must adhere to the prescribed work hours and conditions, which includes the possibility of shift work. The Minister's role is pivotal, as they are tasked with setting salary rates, determining the number of foremen, and making adjustments to work hours as necessary. For employees, the primary obligation is to comply with the set work hours, eligibility criteria, and other conditions stipulated in the regulations. Temporary foremen must also understand that their employment is not guaranteed and does not entitle them to permanent positions.
Non-compliance with these regulations can lead to various consequences. While the specific offences and penalties are not detailed in the provided text, breaches of employment conditions, work hours, or eligibility criteria could potentially result in disciplinary action, termination of employment, or other administrative penalties. Given the historical context, it is plausible that severe or repeated breaches might have incurred criminal or civil penalties under the Defence Act 1903–1918 or other relevant laws of the time. The precise penalties would depend on the nature and severity of the breach, and could range from fines to more severe sanctions as deemed appropriate by the authorities.