National Security (Coal Mining Industry Employment) Regulations

Legislation au C1941L00025 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1941. No. 25.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this Tenth day of February, 1941.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence Co-ordination.

 

NATIONAL SECURITY (COAL MINING INDUSTRY EMPLOYMENT) REGULATIONS.

Part I—Preliminary.

Citation.

1. These Regulations may be cited as the National Security (Coal Mining Industry Employment) Regulations.

Application and administration of Regulations.

2. These Regulations shall apply to industrial matters in relation to the Coal Mining Industry and shall be administered by the Minister of State for Labour and National Service.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I —Preliminary.

Part II —The Central Reference Board.

Part III —Local Reference Boards.

Part IV —Miscellaneous.

Definitions.

4.—(1.) In these Regulations, unless the contrary intention appears—

“industrial dispute” includes—

(a) any dispute as to industrial matters in relation to the Coal Mining Industry; and

(b) any threatened or impending or probable industrial dispute in that industry;

 

* Notified in the Commonwealth Gazette on , 1941.

8017.—8/3.2.1941.—Price 5d.


“the Act” means the Commonwealth Conciliation and Arbitration Act 1904-1934;

“the Court” means the 'Commonwealth Court of Conciliation and Arbitration;

“the Minister” means the Minister of State for Labour and National Service.

(2.) Expressions used in these Regulations shall, unless the contrary intention appears, have the same meaning as in the Act as applied and construed by the National Security (Industrial Peace) Regulations.

Part II.—The Central Reference Board.

Central Reference Board.

5.—(1.) The Governor-General may appoint a Central Reference Board for the prevention or settlement of any industrial dispute in the Coal Mining Industry.

(2.) The Board shall consist of a Special Representative of employers and employees, respectively, and an equal number of other representatives of employers and employees, respectively together with a Chairman who shall be a Judge of the Commonwealth Court of Conciliation and Arbitration.

(3.) The representatives of employers and employees respectively shall be nominated by or on behalf of the respective employers and employees in a manner approved by the Minister.

Constitution of Board for exercise of its powers.

6.—(1.) The Central Reference Board when meeting to exercise its powers under these Regulations shall be constituted, from time to time, by the Chairman, the two Special Representatives and an equal number (not exceeding two) of other representatives of employers and employees, respectively, to he selected by the Chairman according to the subject matter to he dealt with by the Board.

(2.) In the absence of any Special Representative, the Chairman may constitute the Board by appointing a substitute for the absent Special Representative but, in the event of any Special Representative, or any such substitute failing to attend a meeting of the Board to which he has been summoned by the Chairman, the Board may validly proceed in his absence.

(3.) The Chairman and half the other members of the Board as constituted for the time being in accordance with the provisions of this regulation shall form a quorum and when a quorum is present the Board may validly function notwithstanding that the representatives of one party have failed to attend.

(4.) If on any question before the Board at any meeting the members present are not unanimous, the opinion of the Chairman shall prevail.

Cognizance of disputes.

7. The Central Reference Board shall have cognizance—

(а) of any industrial dispute between an organization of employees on the one hand, and employers or associations of employers on the other hand referred to it by the persons or organizations or associations parties thereto or by the Minister;

(b) all matters arising under any existing award of the Court affecting the Coal Mining Industry so referred to it;

(c) any industrial dispute or matter referred to it by a Local Reference Board; and


(d) any other matter affecting industrial relations in that industry which the Chairman of the Board declares is, in the public interest, proper to be dealt with under these regulations.

Powers of Central Reference Board.

8.—(1.) The Central Reference Board shall have power to consider and determine any industrial dispute or matter of which it has cognizance, and for that purpose shall have (in addition to any other powers conferred on it by these Regulations) all powers which by the Act or by the Rational Security (Industrial Peace) Regulations or by the Act as applied and construed by those Regulations are expressed to be given to the Court or the Chief Judge as regards an industrial dispute of which the Court has cognizance.

(2.) In exercising its powders under these Regulations, the Central Reference Board shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities or legal forms, and shall not be bound by any rules of evidence, but may inform its mind on any matter in such manner as it thinks just.

(3.) The Central Reference Board may refer to a Local Reference Board for investigation and report any industrial dispute or matter or part thereof within the cognizance of the Central Reference Board and any Board to which the reference is made shall, as soon as may be, make the investigation and report.

(4.) The Central Reference Board may refer to a Local Reference Board for settlement any such industrial dispute or matter or part thereof.

(5.) The Central Reference Board may make its own rules of procedure.

Enforcement of awards.

9. Any award or order made by the Central Reference Board shall be binding on the parties, shall be filed in the Court and shall thereupon have effect in all respects and be enforceable as if it were an award or order of the Court.

Agreement as to industrial dispute.

10. Where, at the hearing before the Central Reference Board, an agreement as to the whole or part of any industrial dispute or any other matter is made in writing between the parties thereto, the agreement shall be filed in the Court, and shall thereupon have effect in all respects and be binding on the parties and enforceable as if it were an award of the Court.

Part III—Local Reference Boards.

Establishment of Local Reference Boards.

11.—(1.) The Governor-General may, on the recommendation of the Chairman of the Central Reference Board, establish Local Reference Boards.

(2.) A Local Reference Board may, subject to the directions of the Central Reference Board, exercise its power under these Regulations, within such limits as to locality or otherwise as are specified by the Chairman of the Central Reference Board.

Appointment of Local Reference Boards.

12.—(1.) A Local Reference Board shall consist of a Chairman and an equal number of other members representative of employers and of employees respectively to be appointed by the Governor-General.

(2.) Any such other member may appoint a substitute to act in his stead at any time and such substitute when so acting shall have all the powers and may exercise all the functions of the member.


Constitution of Local Reference Board for exercise of its powers.

13.—(1.) A Local Reference Board, when meeting to exercise its powers under these Regulations, shall be constituted, from time to time, by the Chairman and not less than two and not more than three members representative of employers and of employees, respectively, to be selected by the Chairman according to the subject matter to be dealt with by the Board.

(2.) The Chairman and half the other members of the Board as constituted for the time being in accordance with the provisions of this regulation shall form a quorum and when a quorum is present the Board may validly function notwithstanding that the representatives of one party have failed to attend.

(3.) If on any question before a Local Reference Board at any meeting the members present are not unanimous, the opinion of the Chairman shall prevail.

Cognizance of disputes.

14.—(1.) Subject to these Regulations and the directions of the Central Reference Board, a Local Reference Board shall have power—

(a) to settle disputes as to matters arising out of any awards of the Court, or award or order of the Central Reference Board;

(b) to endeavour by means of conciliation to settle disputes as to any local matters likely to affect the amicable relations of employers and employees in the industry;

(c) to investigate and report upon any industrial dispute or matter or part thereof referred to it by the Central Reference Board;

(d) to settle any industrial dispute or matter or part thereof referred to it by the Central Reference Board for settlement; and

(e) to inquire into and report to the Central Reference Board on subject matters not covered by any award of the Court or award or order of the Central Reference Board.

(2.) If any industrial dispute or matter affecting persons outside the limits of power of a Local Reference Board is referred to or brought before it, the Chairman shall refer the industrial dispute or matter to the Central Reference Board.

Powers of Local Reference Boards.

15. Subject to these Regulations, the provisions of regulations 8, 9 and 10 of these Regulations shall, so far as applicable, apply, with such alterations as are necessary, in relation to matters before a Local Reference Board pursuant to sub-regulation (1.) of the last preceding regulation.

Review of decisions, of Local Reference Boards.

16.—(1.) Any party to a decision of a Local Reference Board may, within seven days after the making of the decision, or within such extended time as the Chairman of the Central Reference Board allows, apply to such Chairman for leave to apply to the Central Reference Board for the review of the decision of the Local Reference Board.

(2.) The Chairman of the Central Reference Board may grant or refuse leave as he thinks fit and if he grants leave shall issue his certificate accordingly.

(3.) If the certificate is issued the applicant may within seven days after the date of the certificate or within twenty-one days after the date of his application for the certificate, whichever period ends


later, or within such extended time as the Central Reference Board allows, apply to the Central Reference Board for the review of the decision.

(4.) On such review the Central Reference Board may re-hear the whole or any part of the industrial dispute or matter and may either determine it or remit it to the Local Reference Board for determination in accordance with such directions as the Central Reference Board thinks fit.

(5.) The operation of a decision of a Local Reference Board shall not he stayed pending the determination of any application under this regulation unless the Chairman of the Central Reference Board when granting leave to review directs a stay of that decision.

(6.) Such notice of any application made under this regulation shall he given as is provided in the rules of procedure of the Central Reference Board or as that Board otherwise determines.

Part IV—Miscellaneous.

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

17. An award or order of the Central Reference Board shall not, and, subject to the last preceding regulation, a decision of a Local Reference Board in relation to matters before a Local Reference Board pursuant to sub regulation (1.) of regulation 14 of these Regulations shall not be challenged, appealed against, quashed or called in question, or be not subject to prohibition, mandamus or injunction, in any Court on any account whatever.

Court not to make award inconsistent with award of Boards.

18. During the currency of any award or order made by the Central Reference Board under these Regulations, no award or order made by the Court or by any other tribunal having jurisdiction in industrial matters in the Coal Mining Industry dealing with the same subject matter and inconsistent with the award or order of the Board shall be effective.

Fees and allowances.

19. A Special Representative on a Central Reference Board and the Chairman of a Local Reference Board shall be paid such remuneration and travelling allowances, and the substitutes of such Special Representatives and the other members of the Central Reference Board, and the other members of a Local Reference Board and their substitutes shall be paid such travelling allowances, as the Governor-General determines.

 

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

Overview

The National Security (Coal Mining Industry Employment) Regulations 1941 were enacted by the Governor-General in the context of national security concerns during the early years of World War II. The Regulations were introduced to address the need for maintaining industrial peace and efficient operations within the coal mining industry, which was critical for the war effort. Administered by the Minister of State for Labour and National Service, these Regulations aimed to prevent and settle industrial disputes in the coal mining sector, ensuring uninterrupted production and employment stability. The policy objective was to safeguard national security by averting strikes and other industrial actions that could disrupt the supply of coal, an essential resource for the war effort. These Regulations established a framework for the establishment and operation of the Central Reference Board and Local Reference Boards, which were tasked with resolving industrial disputes and overseeing the enforcement of awards. The Central Reference Board, chaired by a Judge of the Commonwealth Court of Conciliation and Arbitration, was given extensive powers to handle disputes and make binding decisions, while Local Reference Boards were established to manage local matters. The Regulations also provided mechanisms for the review of decisions and ensured that awards and orders of the Boards could not be challenged in any court. By providing a structured approach to industrial relations in the coal mining industry, these Regulations aimed to maintain harmony and productivity, thereby supporting the broader war effort.

Scope and Application

The National Security (Coal Mining Industry Employment) Regulations, 1941, apply specifically to industrial matters within the coal mining industry. Administered by the Minister of State for Labour and National Service, these regulations are designed to address industrial disputes and other matters pertinent to the coal mining industry. The regulations establish a framework for the Central Reference Board, which includes a special representative of employers and employees and a chair who is a judge from the Commonwealth Court of Conciliation and Arbitration. This board has the authority to prevent and settle industrial disputes, as well as handle matters arising from existing awards, refer issues to local reference boards, and manage other industrial relations issues deemed in the public interest. The regulations also provide for the establishment of Local Reference Boards, which have the power to settle disputes, investigate issues, and report back to the Central Reference Board. Awards and orders made by these boards are binding and not subject to review in any court, and the court cannot issue awards inconsistent with those of the boards. The scope of the regulations is geographically confined to the Commonwealth of Australia, with the primary aim of maintaining industrial peace and ensuring the smooth operation of the coal mining industry during a period of national security concerns.

Key Provisions

The National Security (Coal Mining Industry Employment) Regulations provide a framework for addressing industrial disputes within the coal mining industry. Section 5 establishes a Central Reference Board, which is empowered to prevent or settle industrial disputes in the coal mining industry. This Board is composed of a Special Representative of employers and employees, an equal number of other representatives of employers and employees, and a Chairman who is a Judge of the Commonwealth Court of Conciliation and Arbitration. Section 6 outlines the constitution and functioning of the Board, including how it may proceed in the absence of certain members and how decisions are made when there is no unanimity among members present. Section 7 grants the Central Reference Board cognizance over various types of industrial disputes and matters, including those referred by parties involved or by the Minister, as well as those arising under existing awards of the Court. Section 8 provides the Board with broad powers to consider and determine disputes, including the power to refer matters to Local Reference Boards for investigation and settlement. Section 9 stipulates that any award or order made by the Central Reference Board is binding on the parties involved and enforceable as if it were an award of the Court. Section 11 allows the Governor-General to establish Local Reference Boards on the recommendation of the Chairman of the Central Reference Board. Section 12 details the composition of these Boards, which include a Chairman and an equal number of members representative of employers and employees. Section 13 outlines the constitution and functioning of Local Reference Boards, including the quorum requirements and decision-making processes. Section 14 specifies the powers of Local Reference Boards, including settling disputes, conciliating local matters, and investigating and reporting on referred disputes. Section 16 provides a mechanism for the review of decisions made by Local Reference Boards, allowing any party to a decision to apply to the Chairman of the Central Reference Board for leave to appeal to the Central Reference Board. Section 17 ensures that awards or orders of the Central Reference Board, and decisions of Local Reference Boards in relation to certain matters, cannot be challenged or questioned in any Court. Section 18 prohibits any Court or other tribunal from making an award or order inconsistent with an award or order of the Central Reference Board during its currency. The Regulations impose obligations on employers and employees, as well as on the Boards, to ensure that industrial disputes are managed and resolved in a manner consistent with national security interests. The Central and Local Reference Boards are required to act according to equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms. Employers and employees are expected to cooperate with the Boards in the resolution of disputes. Breaches of the Regulations are not explicitly stated, but non-compliance with awards or orders made by the Central Reference Board or decisions of the Local Reference Boards could result in legal consequences, such as enforcement actions or penalties, as provided under the National Security Act 1939-1940. The maximum penalties for breaches of related Acts or Regulations are not specified within these Regulations but could include fines and imprisonment, depending on the severity of the breach.

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