National Security (Coal Mining Industry Employment) Regulations (Amendment)

Legislation au C1947L00042 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1947. No. .

 

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*

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 (Transitional Provisions) Act 1946.

Dated this twenty-sixth day of March, 1947.

Governor-General.

By His Excellency’s Command,

Minister for Labour and National Service.

 

Amendments of the National Security (Coal Mining Industry Employment) Regulations. †

Definitions.

1. Regulation 4 of the National Security (Coal Mining Industry Employment) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the definition of “the Court” the following definition:—

“‘the Federation’ means the Australian Coal and Shale Employers’ Federation, an organization registered under the Commonwealth Conciliation and Arbitration Act 1904–1946; ”; and

(b) by inserting in that sub-regulation, after the definition of “the Minister”, the following definition:—

“‘the Tribunal’ means the Coal Industry Tribunal constituted in pursuance of the Coal Industry Act 1946.”.

2. After regulation 4 of the National Security (Coal Mining Industry Employment) Regulations the following regulation is inserted in Part I.:—

Saving.

“4a.—Any award, order or determination made or given under Part V. of the Coal Production (War-time) Act 1944 and in force immediately prior to the commencement of Part V. of the Coal Industry Act 1946 shall continue in force until rescinded by competent authority and, while it so remains in force, may be varied by that authority.”.

 

* Notified in the Commonwealth Gazette on , 1947.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946. The Regulations under the National Security Act 1939–1946 having the corresponding title comprise Statutory Rules 1941, No. 25, as amended by Statutory Rules 1941, Nos. 38, 159, 212, 262 (as amended by 1941, No. 281), 270, 281, 299; 1942, Nos. 100, 311, 422 and 525; 1943, Nos. 278 and 295; and 1944, Nos.48 and 83

1532.—Price 3d. 10/5.2.1947.


3. After regulation 10 of the National Security (Coal Mining Industry Employment) Regulations the following regulation is inserted in Part II.:—

Cognizance of disputes.

“10a.—(1.) The Tribunal shall have cognizance of—

(a) any industrial dispute between the Federation on the one hand and employers or associations of employers on the other hand, referred to it by the Federation or the employers or associations of employers parties thereto;

(b) any industrial matter as defined in the Coal Industry Act 1946 arising under any award or determination of the Court or the Central Coal Authority or the Central Reference Board or the Central Industrial Authority or the Tribunal relating to the coal mining industry referred to it by the Federation or the employers or associations affected by the matter; and

(c) any industrial dispute as defined in the Coal Industry Act 1946 or industrial matter as defined in that Act referred to it by a Local Reference Board.

(2.) The provisions of regulations 8, 9 and 10 of these Regulations shall apply to and in relation to the Tribunal as if any reference in those provisions to the Central Reference Board were a reference to the Tribunal.”.

Establishment of Local Reference Boards.

4. Regulation 11 of the National Security (Coal Mining Industry Employment) Regulations is amended—

(a) by inserting in paragraph (a) of sub-regulation (2.) after the figures “1944” the words “or by the Joint Coal Board by order in pursuance of the Coal Industry Act 1946”; and

(b) by inserting in paragraph (a) of sub-regulation (2.) after the word “Commissioner” (second occurring) the words “or by the Tribunal”.

Award, order, determination or decision not to be challenged or questioned.

5. Regulation 17 of the National Security (Coal Mining Industry Employment) Regulations is amended—

(a) by inserting after the word “Board” (first occurring) the words “or the Central Industrial Authority under the Coal Production (War-time) Act 1944 or the Tribunal”; and

(b) by inserting after the word “Board” (second occurring) the words “or a Local Industrial Authority under that Act”.

6. Regulation 18 of the National Security (Coal Mining Industry Employment) Regulations is repealed, and the following regulations inserted in its stead:—

Court not to make award inconsistent with award of Board.

“18. During the currency of any award or order in force or made under these Regulations by the Central Coal Authority, the Central Reference Board or the Tribunal or of any decision of a Local Reference Board or of any award or order made by the Central Industrial Authority or any decision of a Local Industrial Authority under the Coal Production (War-time) Act 1944, no award or order made by the Court or by any tribunal having jurisdiction in industrial matters in


the Coal Mining Industry dealing with the same subject matter and inconsistent with the award or order made under these Regulations or under the Coal Production (War-time) Act (except an award order or decision made under these Regulations or under that Act) shall be effective:

Provided that nothing in this regulation shall make ineffective any award or order made by a Conciliation Commissioner in pursuance of a direction given, whether before or after the commencement of this regulation, by the Minister under regulation 16 of the National Security (Industrial Peace) Regulations to hear and determine an industrial dispute in relation to the Coal Mining Industry:

Provided further that nothing in this regulation shall render ineffective any award or order made under the Coal Industry Act 1946, or the Coal Industry Act 1946 of the State of New South Wales.

Application and Construction of Regulations.

“18a.—(1.) Nothing in these Regulations shall authorize a Local Reference Board exercising powers in respect of the State of New South Wales or any part thereof or the Central Reference Board to deal with any industrial dispute or matter in so far as it affects members of the Federation (other than members who are excepted by the Commonwealth Coal Commissioner by order in pursuance of the Coal Production (War-time) Act 1944 or by the Joint Coal Board by order in pursuance of the Coal Industry Act 1946).

(2.) Notwithstanding anything contained in these Regulations, the Central Reference Board or a Local Reference Board may deal with any industrial dispute or matter in so far as it affects members of the Federation who are so excepted.

(3.) These Regulations (except regulations 17, 18, 19 and 20) shall, except in respect of the State of New South Wales, be applied and construed as if any reference to the Central Coal Authority were a reference to the Tribunal.”.

 

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

 

Overview

The Defence (Transitional Provisions) Act 1946 was enacted to provide for transitional provisions necessary to ensure a smooth transition in the administration of defence-related matters following the end of World War II. The Act was introduced to address the need for orderly and effective governance in the defence sector as Australia moved from wartime footing to peacetime. The Governor-General, acting with the advice of the Federal Executive Council, made the Regulations under this Act. The policy objective of these regulations is to facilitate the transition of the coal mining industry's employment and industrial relations matters from wartime to peacetime governance structures, ensuring continuity and stability within the industry.

Scope and Application

The Statutory Rules 1947, No. 42, made under the Defence (Transitional Provisions) Act 1946, provide transitional regulations concerning the National Security (Coal Mining Industry Employment) Regulations. These regulations primarily apply to the coal mining industry and the entities involved in it, including employers and associations of employers, the Australian Coal and Shale Employers’ Federation, and the Coal Industry Tribunal. The geographic reach of these regulations extends to the Commonwealth level, with specific provisions tailored to the State of New South Wales. The regulations define terms such as “the Federation” and “the Tribunal” to clarify the entities involved in industrial disputes within the coal mining sector. These amendments ensure the continuity of awards, orders, and determinations made under the Coal Production (War-time) Act 1944 until they are rescinded by a competent authority and allow for their variation by such authority. Additionally, the regulations outline the cognizance of the Tribunal over industrial disputes and matters referred to it by various bodies, while also specifying that Local Reference Boards are not to deal with disputes affecting members of the Federation unless excepted by certain authorities. The application and construction of these regulations are subject to specific exclusions and exemptions, particularly concerning the Central Reference Board and Local Reference Boards in relation to New South Wales.

Key Provisions

The main provisions of these Regulations, made under the Defence (Transitional Provisions) Act 1946, pertain to the amendment of the National Security (Coal Mining Industry Employment) Regulations. Specifically, the Regulations update definitions (Regulation 1), introduce a saving provision (Regulation 4a) for certain awards and orders made under the Coal Production (War-time) Act 1944 that remain in force until rescinded, and grant the Tribunal cognizance of various industrial disputes and matters (Regulation 10a). The Regulations also amend the establishment of Local Reference Boards (Regulation 4) and clarify that certain awards, orders, determinations, or decisions cannot be challenged (Regulation 5). Regulation 18 is repealed and replaced with new provisions to ensure that certain awards or orders remain effective unless they conflict with specific awards or orders under these Regulations or the Coal Production (War-time) Act 1944 (Regulation 18). Additionally, Regulation 18a addresses the application and construction of the Regulations, particularly concerning Local Reference Boards and the Central Reference Board. The obligations imposed by these Regulations include ensuring that the Tribunal is granted cognizance over specific industrial disputes and matters, which necessitates the Federation, employers, or associations of employers to refer these issues to the Tribunal. Employers and associations must also ensure that awards, orders, determinations, or decisions remain unchallenged unless they conflict with certain specified awards or orders. Furthermore, Local Reference Boards must adhere to the regulations governing their establishment and scope of authority, particularly in relation to the Federation and its members. The Regulations also place an obligation on the Court to avoid making awards or orders inconsistent with those made under these Regulations or the Coal Production (War-time) Act 1944, except in specific circumstances. Breaches of these Regulations may lead to civil consequences, particularly if the Court issues an award or order inconsistent with those made under these Regulations or the Coal Production (War-time) Act 1944. While the Regulations themselves do not specify criminal penalties for non-compliance, other related Acts, such as the Defence (Transitional Provisions) Act 1946 or the National Security Act 1939–1946, may impose penalties for serious breaches. These could include fines or imprisonment, depending on the severity and nature of the breach. The precise penalties would be determined according to the relevant provisions of these other Acts.

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