National Security (Coal Control) Regulations (Amendment)

Overview

Statutory Rules 1942, No. 10, made under the National Security Act 1939–1940, was enacted by the Governor-General in Council to address the urgent need for coal during World War II. The regulation, titled "Regulation under the National Security Act 1939–1940," aims to ensure the continuous operation of coal mines by imposing stringent requirements on mine owners and employees. The policy objective is to maintain coal production levels to support national security efforts by preventing mine closures and ensuring that employees comply with work directives from their committees of management. The regulation specifies that coal mine owners must keep their mines operational and adhere to customary employment practices, while employees are obligated to attend and work at their designated times unless they have a reasonable excuse. Failure to comply with these provisions can result in penalties for both mine owners and employees.

Scope and Application

The regulation under the National Security Act 1939–1940 pertains to the control and management of coal mines during a period of national security concern, specifically addressing the operational continuity and labour practices within the coal mining industry. The regulation applies to the owners of coal mines, including both individual proprietors and bodies corporate, as well as to the employees of these mines who are members of any recognised organisation within the coal mining industry. The geographic scope of this regulation is national, given its foundation under Commonwealth legislation. The regulation mandates that coal mines must remain operational and adhere to customary practices regarding employee relations and production methods, with strict oversight by the Commissioner. Notably, any body corporate failing to comply with these provisions will result in its directors and management personnel being held accountable unless they can demonstrate lack of knowledge and absence of reasonable means to prevent the non-compliance. Additionally, the regulation imposes obligations on employees to attend and work at their designated coal mines unless they can provide reasonable excuse for their absence, with potential expulsion from their organisation for non-compliance.

Key Provisions

The statutory regulations under the National Security Act 1939–1940, particularly focusing on coal control, impose specific obligations on coal mine owners and their employees. Regulation 27a(1) mandates that the owner of a coal mine must keep the mine operational, adhering to customary practices regarding employee treatment and employment terms (27a(1)(a) and (b)). Moreover, any changes to employee pay rates or employment terms must be in accordance with an industrial tribunal's award, order, or determination (27a(1)(c)). If the mine owner is a corporate entity, each director and individual involved in the management is held accountable for compliance with these provisions unless they can prove lack of knowledge and absence of means to prevent the breach (27a(2)). The regulations further dictate that employees must attend and work at the coal mine as directed by their organisation's management committee, with failure to do so without a reasonable excuse resulting in potential penalties and expulsion from the organisation (27b(1) and (2)). The coal mine owner is required to notify the Commissioner of any employee refusals to work as per the regulation, and the Commissioner may revoke the employee's exemption under the Reserved Occupations Order if satisfied with the non-compliance (27c). Breaches of these regulations carry significant consequences. Owners and directors of coal mines can face legal ramifications if they fail to maintain operational standards or adhere to employment terms as mandated. Employees who refuse to work as directed face not only potential expulsion from their organisation but also the possibility of losing their exemption under the Reserved Occupations Order, which could affect their employment status and eligibility for reserved occupations during the national emergency. These provisions underscore the stringent controls placed on coal mining operations to ensure continued production and stability during a critical period.