STATUTORY RULES.
1942. No. 537.
REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this twelfth
day of December , 1942.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(Sgd.) E. J. WARD
for and on behalf of the Minister of State for Defence.
Amendment of National Security (Economic Organization)
Regulations.†
Rates of wages not to be altered.
Regulation 15 of the National Security (Economic Organization) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(3.) Where, immediately prior to the tenth day of February, One thousand nine hundred and forty-two, it was the practice of an employer to pay to an employee in recognition of the special skill or other qualifications required for the satisfactory performance of the duties of the employment, an amount additional to the amount of remuneration prescribed, in respect of the employment, by law or by any industrial award, order, determination or agreement, then, unless an Industrial Authority otherwise approves, the employer shall, in respect of that employment, notwithstanding any adjustments in the rate of remuneration in accordance with variations in the cost of living, continue to pay to the employee an amount equal to the additional amount so paid to the employee.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1942, No. 76, as amended by Statutory Rules 1942, Nos. 81, 110, 127, 145, 160, 218, 221, 224, 248, 257, 293, 318, 332, 344, 425, 458 and 490.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5353.—Price 3d. 6/26.11.1942.
Overview
The Statutory Rules 1942, No. 537, is a regulation under the National Security Act 1939-1940, enacted by the Governor-General in Council on December 12, 1942. This legislative instrument was introduced to address economic stability and industrial relations during the Second World War. The regulation specifically targets wage practices to ensure that employers continue to compensate employees for their special skills or qualifications, maintaining pre-existing rates unless otherwise approved by an Industrial Authority. The enactment reflects the broader policy objective of the National Security Act 1939-1940, which aimed to maintain national security and stability by controlling economic activities during the war.
Scope and Application
This legislative instrument, the Statutory Rules 1942 No. 537, amends the National Security (Economic Organization) Regulations under the National Security Act 1939-1940. It applies to employers and employees within the Commonwealth of Australia, specifically addressing the rates of wages and the conditions under which additional payments may be made to employees in recognition of special skills or qualifications. The regulation is designed to maintain wage stability during times of national security concern by preventing employers from altering rates of wages that were in place prior to 10 February 1942, unless approved by an Industrial Authority. The scope of the regulation encompasses all employment situations where such additional payments were customary prior to the specified date, and it restricts the adjustment of these payments despite any changes in the cost of living. This regulation extends to all industries and sectors within the Commonwealth, ensuring a uniform approach to wage control measures during the wartime period.
Key Provisions
The main operative section of this legislative instrument is the amendment to Regulation 15 of the National Security (Economic Organization) Regulations (Reg. 15). This amendment requires employers to continue paying employees additional remuneration for special skills or qualifications if they were doing so immediately before 10 February 1942, unless an Industrial Authority approves otherwise (Reg. 15(3)). This provision aims to maintain wage stability in certain employment sectors by ensuring that employers do not reduce the additional payments made for special skills or qualifications, even in the face of cost-of-living adjustments.
The obligations imposed by this regulation on employers and employees include the requirement for employers to maintain the additional payments made to employees for special skills or qualifications unless an Industrial Authority intervenes. Employers must ensure that they do not alter these additional payments without the approval of an Industrial Authority, which may consider the impact on the employee and the employer’s business. Employees, in turn, are entitled to continue receiving these additional payments if they were receiving them prior to 10 February 1942, subject to any decisions made by an Industrial Authority.
Any breach of this regulation by employers could result in civil or criminal consequences, although the specific nature of these consequences is not detailed in the regulation itself. Typically, failure to comply with such regulations might lead to enforcement actions by relevant authorities, which could include fines or other penalties. However, the exact penalties are not explicitly stated in this particular legislative instrument, and further reference to the National Security Act 1939-1940 or associated case law would be necessary to determine the precise legal consequences of non-compliance.