National Security (Apprenticeship) Regulations

Legislation au C1940L00104 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 104.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this seventh day of June, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

 

National Security (Apprenticeship) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Apprenticeship) Regulations.

Definitions.

2.—(1.) In these Regulations—

“Apprenticeship Authority” means any person or body authorized by a Minister, by notice in the Gazette, to exercise and perform the powers and functions of an Apprenticeship Authority under these Regulations;

“award, determination or agreement” means an award, determination or agreement made under powers conferred by any Act or State Act or Ordinance of a Territory of the Commonwealth;

“trainee apprentice” means a person who is employed in a trade without indentures or other written contract of apprenticeship for the purpose of learning to be a skilled journeyman;

“war service” means—

(a) the service of a member of the Citizen Forces when called out for war service in pursuance of the Defence Act 1903-1939, or during continuous training under that Act or the Naval Defence Act 1910-1934, or the Air Force Act 1923-1939; or

(b) the continuous service under any of those Acts of any person who volunteers and is accepted for such service during the present war.

(2.) Any reference in these Regulations to an employer shall, in relation to any person who is rendering or has rendered war serivce, be construed as including a reference to any person for the time being—

(a) carrying on any undertaking or service in which the first mentioned person was employed immediately prior to the commencement of his war service; or

 

*Notified in the Commonwealth Gazette on 7th June, 1940.

3640.—Price 3d.


(b) carrying on any undertaking or service with which that undertaking or service has been amalgamated or in which, immediately prior to the commencement of the employee’s war service, it was comprised.

Suspension of contract of apprenticeship.

3. Where an apprentice, whether before or after the commencement of these Regulations, is or has been absent from his usual employment owing to war service for a period of more than one week, his contract of apprenticeship shall be deemed to have been suspended during the period of such absence, and shall remain suspended until it is revived or cancelled in accordance with the provisions of these Regulations.

Revival of contract of apprenticeship.

4.—(1.) Where an apprentice, whether before or after the commencement of these Regulations, has been absent from his usual employment owing to war service for a period which does not exceed four months at any one time, his contract of apprenticeship shall, by force of this sub-regulation, be revived immediately after the expiry of that period, and the period during which the apprentice was so absent shall not be taken into account as portion of the term of his apprenticeship.

(2.) An apprentice who, whether before or after the commencement of these Regulations, has been absent from his usual employment owing to war service for any period which exceeds four months at any one time may, within two months after the expiry of that period, make application to an Apprenticeship Authority for the revival of his contract of apprenticeship.

(3.) Forthwith on the receipt of the application, the Apprenticeship Authority shall give notice in writing to the employer of the receipt of the application, and the employer may, within fourteen days after the receipt of the notice, lodge an objection in writing to the revival of the contract of apprenticeship on the ground that he no longer possesses the facilities for the proper training of the apprentice.

(4.) Forthwith on the expiry of the period of fourteen days, the Apprenticeship Authority shall consider the objection (if any), and, unless the objection is upheld, shall determine that the contract of apprenticeship shall, as from such date as it specifies, be revived, and may vary the provisions of the contract of apprenticeship in such manner and to such extent as it deems just and equitable.

(5.) As from the date specified the contract of apprenticeship shall be revived and shall have effect subject to the variations, if any, made by the Apprenticeship Authority.

(6.) Where an employer proves to the satisfaction of the Apprenticeship Authority that he no longer possesses the facilities for the proper training of apprentices, the Apprenticeship Authority may authorize the transfer of the contract of apprenticeship to another employer, or, if that is impracticable, may cancel the contract of apprenticeship.

Failure to make application.

5. If any apprentice fails to make the application, referred to in regulation 4 of these Regulations, within the time prescribed in that regulation, the Apprenticeship Authority shall, on application of the employer, cancel the contract of apprenticeship unless the Apprenticeship Authority is satisfied that the failure to give such notice was occasioned by mistake, absence from the Commonwealth or other reasonable cause.


Period of war service may be included in term of apprenticeship.

6. Notwithstanding anything contained in these Regulations, where a Minister or an Apprenticeship Authority is satisfied that any apprentice has, during any period of his war service, been employed and received instruction in the trade to which he is apprenticed, the Minister or Apprenticeship Authority may, in writing, direct that the period shall be included in the term of his apprenticeship, and thereupon the apprentice shall, for all purposes, be deemed to have served the period under and in accordance with the contract of his apprenticeship in continuation of the period served by him prior to the commencement of his war service.

Number or proportion of apprentices.

7.—(1.) An employer may, during the suspension of a contract of apprenticeship under these Regulations, take and employ another apprentice in the place of the apprentice whose contract of apprenticeship has been suspended if the apprentice has volunteered and been accepted for continuous service during the present war.

(2.) In determining the number of apprentices who may be employed by an employer, or the proportion of apprentices to journeymen, for the purposes of any enactment relating to apprenticeship, or any award, determination or agreement—

(a) any apprentice who has volunteered for and been accepted for continuous service during the present war and whose contract of apprenticeship has been suspended under these Regulations shall, during the period of such suspension, be excluded;

(b) any apprentice who has been called up for continuous training and whose contract of apprenticeship has been suspended under these Regulations shall, if an Apprenticeship Authority so directs, be excluded; and

(c) any journeyman absent from his employment on war service for a period not exceeding four months at any one time but entitled to return thereto on the termination of such war service, and not temporarily replaced, shall be regarded as a journeyman in the employment of the employer.

Right to employment.

8.—(1.) Where a contract of apprenticeship is revived by or under these Regulations the apprentice shall be entitled to resume his employment under the contract, and shall have absolute preference in such employment over any apprentice who may have been engaged during his absence owing to war service, and the employer shall not refuse to permit such an apprentice to resume his employment.

(2.) Where a contract of apprenticeship is revived by or under these Regulations, the Apprenticeship Authority may, if it considers it necessary so to do in order to protect the interests of any apprentice engaged during the period in which the contract was suspended—

(a) if the number of apprentices who may be employed by the employer is limited by any Commonwealth or State Act or Ordinance of a Territory or by any award, determination or agreement—determine the number of apprentices who may be employed by the employer;

(b) in any event—authorize the transfer of any contract of apprenticeship to another employer.


(3.) Where the Apprenticeship Authority in pursuance of the last preceding sub-regulation determines the number of apprentices who may be employed by an employer, the employer may employ such number of apprentices.

Trainee apprentices.

9. The provisions of these Regulations shall apply, mutatis mutandis, to and in relation to a trainee apprentice and his employer in the same manner and to the same extent as those provisions apply to and in relation to an apprentice and his employer; and for the purpose of these Regulations, a reference to a contract of apprenticeship shall include a contract of employment of a trainee apprentice.

 

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

Overview

The National Security (Apprenticeship) Regulations 1940 were made under the National Security Act 1939 by the Governor-General in Council. These Regulations were introduced to address the disruptions to apprenticeships caused by the Second World War, ensuring that apprentices who were called up for war service could have their contracts of apprenticeship suspended, revived, or modified as necessary without losing their rights or the progress they had made. The policy objective of these Regulations was to protect the interests of apprentices who were serving in the war, ensuring that they could resume their apprenticeships upon their return from service and that employers could manage their workforce in a way that was fair and equitable, particularly given the disruptions caused by the war. The Regulations provided mechanisms for the suspension and revival of apprenticeship contracts, the determination of the number of apprentices that could be employed by an employer, and the inclusion of war service in the term of an apprenticeship, all while considering the unique circumstances brought about by the war.

Scope and Application

The National Security (Apprenticeship) Regulations, made under the National Security Act 1939, apply to apprentices and trainee apprentices whose contracts of apprenticeship are affected by war service. The Regulations define terms such as "Apprenticeship Authority" and "trainee apprentice," and outline the circumstances under which apprenticeship contracts may be suspended or revived due to war service. The Regulations also provide for the substitution of apprentices during their absence for war service and address the number and proportion of apprentices an employer may have, including those on war service. These Regulations extend to the entire Commonwealth of Australia, governing the employment and training arrangements of apprentices in various trades and industries who are impacted by war service. The Regulations do not specify exclusions or thresholds but provide provisions for specific circumstances, such as the inclusion of war service periods in the term of apprenticeship under certain conditions. The application of these Regulations can be extended or further detailed through subordinate instruments, although the primary text does not elaborate on such provisions.

Key Provisions

The National Security (Apprenticeship) Regulations under the National Security Act 1939 outline specific provisions regarding the suspension, revival, and transfer of apprenticeship contracts during periods of war service. Section 3 of the Regulations mandates that if an apprentice is absent from their usual employment due to war service for more than one week, their contract of apprenticeship is deemed to be suspended during that absence and will remain suspended until it is revived or cancelled in accordance with the Regulations. This suspension is crucial for maintaining the integrity of the apprenticeship system amidst the disruptions caused by war. Employers and apprentices are subject to specific obligations under these Regulations. Employers must adhere to the rules concerning the suspension and revival of apprenticeship contracts. Apprentices must apply to an Apprenticeship Authority within two months if they have been absent for more than four months due to war service. If the employer objects to the revival of the apprenticeship contract, the Apprenticeship Authority will consider this objection within fourteen days. If the objection is not upheld, the contract will be revived, subject to any necessary variations deemed just and equitable by the Authority. Failure to comply with the provisions of these Regulations can result in significant consequences. For instance, if an apprentice fails to apply for the revival of their contract within the specified time frame, the contract may be cancelled unless the Apprenticeship Authority finds that the failure was due to mistake, absence from the Commonwealth, or other reasonable causes. Furthermore, apprentices who have been absent for war service may have their war service included in their apprenticeship term if they have been employed and received instruction in their trade during that period. This inclusion is subject to a direction from a Minister or an Apprenticeship Authority. The Regulations also address the rights of apprentices upon the revival of their contracts. According to Section 8, an apprentice whose contract has been revived has the right to resume their employment under the contract and has absolute preference over any new apprentices employed during their absence. The Apprenticeship Authority may also determine the number of apprentices an employer can have or authorize the transfer of a contract to another employer to protect the interests of apprentices. This ensures that the apprenticeship system remains fair and that the rights of apprentices are preserved even during times of national crisis.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Suspension of contract of apprenticeship
Revival of contract of apprenticeship

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