National Security (Boilermaking Trades Dilution) Regulations (Amendment)

Legislation au C1943L00197 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 197.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 National Security Act 1939-1943.

Dated this sixteenth day of August, 1943.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellencys Command,

E. J. HOLLOWAY

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Boilermaking Trades Dilution) Regulations.†

1. Regulation 3 of the National Security (Boilermaking Trades Dilution) Regulations is repealed and the following regulation inserted in its stead:—

Objects.

3. The objects of these Regulations are—

(a) to give effect to the principles embodied in, and to supplement, the arrangement in regard to dilution of boiler-making trades published in the Gazette on the 29th November, 1940, and made to meet the exceptional circumstances arising in the boilermaking trades out of the present war; and

(b) to regulate the employment of women in the boilermaking trades to which these Regulations apply,

and these Regulations shall be administered accordingly..

 

* Notified in the Commonwealth Gazette on 17th August, 1943.

† Statutory Rules 1941, No. 104, as amended by Statutory Rules 1943, No. 55.

5029.—Price 3d.

2. After regulation 5 of the National Security (Boilermaking Trades Dilution) Regulations the following Regulation is inserted:—

Application of regulations to females.

5a. The provisions of these Regulations other than of sub-regulations (5.) and (6.) of regulation 18, and all powers, functions, duties and obligations thereunder, shall be applicable in relation to females as well as to males.

Central Dilution Committee.

3. Regulation 8 of the National Security (Boilermaking Trades Dilution) Regulations is amended by omitting from paragraph (f) of sub-regulation (4.) the words Controller of Technical Training and inserting in their stead the words Director of Industrial Training.

Local Dilution Committees.

4. Regulation 9 of the National Security (Boilermaking Trades Dilution) Regulations is amended—

(a) by omitting from paragraphs (b) and (c) of sub-regulation (4.) the word men and inserting in its stead the word persons;

(b) by omitting from sub-regulation (5.) the words Controller of Technical Training and inserting in their stead the words Director of Industrial Training.

Dilution may be permitted by a Local Dilution Committee.

5. Regulation 14 of the National Security (Boilermaking Trades Dilution) Regulations is amended—

(a) by inserting in sub-regulation (3.), before the words basic wage (wherever occurring), the word male; and

(b) by inserting in paragraph (b) of sub-regulation (3.) after the word prescribed, the words for male employees.

Wages of added tradesmen and apprentices.

6. Regulation 15 of the National Security (Boilermaking Trades Dilution) Regulations is amended by inserting in sub-regulation (1.), after the word prescribed, the words for male employees.

7. Regulation 18 of the National Security (Boilermaking Trades Dilution) Regulations is repealed and the following regulation inserted in its stead:—

Limitation on employment of added tradesmen and females.

18.—(1.) An employer shall not—

(a) engage or elevate or continue to employ an added tradesman on work ordinarily performed by a recognized tradesman if a recognized tradesman of the same classification who is competent to perform the work required is available and offering for such employment; or

(b) engage or elevate or continue to employ a female added tradesman on work ordinarily performed by a recognized tradesman if a recognized tradesman or a male added tradesman of the same classification who is competent to perform the work required is available and offering for such employment.

(2.) When an employer reduces the number of his employees, he shall not, without the consent of a Local Dilution Committee—

(a) dismiss a recognized tradesman while any added tradesman of the same classification is employed by him in the same establishment; or

(b) dismiss a male added tradesman while any female added tradesman of the same classification is employed by him in the same establishment.

(3.) A recognized tradesman shall not be debarred from employment by reason only of his age or because he is suffering from a minor disability, if a Local Dilution Committee certifies that he is competent to perform the work required.

(4.) The last preceding sub-regulation shall not apply in relation to any undertaking or establishment in respect of which a pension scheme for its employees is in force unless a Local Dilution Committee directs that it shall so apply.

(5.) Every male person employed as an added tradesman shall, within seven days after being required by a Local Dilution Committee so to do, enter into an agreement with the Commonwealth to abandon his employment as an added tradesman if and when a recognized tradesman boilermaker, who is declared by a Local Dilution Committee to be competent to perform the work required, is available and offering for such employment.

(6.) Every female person employed as an added tradesman shall, within seven days after being required by a Local Dilution Committee so to do, enter into an agreement with the Commonwealth to abandon her employment as an added tradesman if and when a recognized tradesman boilermaker or a male added tradesman, who is declared by a Local Dilution Committee to be competent to perform the work required, is available and offering for such employment.

8. The National Security (Boilermaking Trades Dilution) Regulations are amended by adding at the end thereof the following regulation:—

Investigations.

22.—(1.) The Secretary of the Department may authorize any officer or employee of the Commonwealth to make investigations and reports in relation to the observance of these Regulations.

(2.) Subject to the general control and direction of the Chairman of the Central Dilution Committee, an officer or employee of the Commonwealth so authorized may at any time during working hours enter any establishment, factory, mine, dockyard or workshop, in which any boilermaking trade to which these Regulations apply is being carried on, and may inspect any work, material, machinery, appliance, article, book or document contained therein, and may interview any person employed therein.

(3.) A person shall not hinder or obstruct an officer or employee of the Commonwealth so authorized in the exercise of his powers under these Regulations.

 

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

Overview

The Regulations under the National Security Act 1939-1943, enacted in 1943, were introduced to address the exceptional circumstances arising in the boilermaking trades due to the ongoing war, aiming to ensure efficient and effective operations in these critical industries. This legislative instrument was made by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council, to align with the overarching objectives of the National Security Act. The primary policy objective was to regulate the employment of women in the boilermaking trades, while ensuring that the principles of dilution of trades, as published in the Gazette, were adhered to. The regulations also sought to streamline the administrative processes related to the employment of added tradesmen and apprentices, making specific amendments to the existing National Security (Boilermaking Trades Dilution) Regulations to better suit the wartime needs.

Scope and Application

The National Security (Boilermaking Trades Dilution) Regulations, made under the National Security Act 1939-1943, apply to the employment of women in the boilermaking trades during the war period, specifically to address the exceptional circumstances arising from the war. These regulations are intended to give effect to the principles outlined in the arrangement regarding dilution of boiler-making trades published in the Gazette on 29th November, 1940, and are applicable to both males and females within the specified trades. The regulations are administered by Local Dilution Committees and overseen by a Central Dilution Committee, with amendments made to ensure the inclusion of females in the provisions and to adjust certain roles and responsibilities within these committees. The regulations also include provisions for investigations into compliance, allowing authorised officers to enter workplaces and inspect materials and documents related to the boilermaking trades. The scope of these regulations is national, and they extend to various industries and establishments where the specified trades are carried out.

Key Provisions

The Regulations under the National Security Act 1939-1943, particularly those concerning the boilermaking trades, introduce several significant changes. Firstly, Regulation 3 redefines the objects of the Regulations to include the principles of the arrangement regarding the dilution of boilermaking trades, specifically addressing the wartime context (Reg. 3). Regulation 5a extends the applicability of the Regulations to females, ensuring that the provisions apply equally to both genders, with specific exclusions noted (Reg. 5a). The amendments also modify the roles within the Central and Local Dilution Committees, replacing the Controller of Technical Training with the Director of Industrial Training (Regs. 8, 9). Additionally, Regulation 14 introduces a wage distinction between male and other employees, ensuring that male employees receive a basic wage higher than that of others (Reg. 14). Regulation 15 further specifies that prescribed wages apply to male employees (Reg. 15). Regulation 18 tightens the conditions under which employers can engage or elevate added tradesmen and females, ensuring that such employment is only permissible when no competent recognized tradesman or male added tradesman is available (Reg. 18). Lastly, Regulation 22 empowers the Secretary of the Department to authorize investigations and inspections by Commonwealth officers and employees, allowing them to enter and inspect establishments and interview employees (Reg. 22). The Regulations impose several obligations on employers and employees. Employers are required to ensure that no added tradesmen or females are employed on work ordinarily performed by a recognized tradesman if a competent recognized tradesman or male added tradesman is available. They must also seek consent from a Local Dilution Committee before dismissing any tradesman if a suitable replacement is employed in the same establishment (Reg. 18). Employees, specifically those employed as added tradesmen, are required to enter into agreements with the Commonwealth to abandon their employment if a competent recognized tradesman or male added tradesman becomes available (Reg. 18). Additionally, employers must comply with wage distinctions, ensuring that male employees receive a higher basic wage than others (Reg. 14). The Regulations also establish several offences and penalties for non-compliance. Firstly, employers who engage or elevate added tradesmen or females without adhering to the specified conditions face potential sanctions. Additionally, employers who dismiss a tradesman without consent from a Local Dilution Committee when a suitable replacement is employed risk penalties. Employees who fail to enter into the specified agreements with the Commonwealth to abandon their employment when a competent recognized tradesman or male added tradesman becomes available may also face penalties. Furthermore, any person who hinders or obstructs an authorized officer or employee of the Commonwealth in the exercise of their powers under the Regulations is subject to penalties (Reg. 22). The exact nature and extent of these penalties are not specified in the Regulations, but they are likely to be determined by relevant legal authorities.

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National Security Law
Instrument
Regulation
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Reporting & Disclosure Obligations
Prohibited Conduct
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