STATUTORY RULES.
1943. No. 21.
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 twenty-seventh day of January, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency Command,
(SGD.) E. J. WARD.
for and on behalf of the Minister of
State for Defence.
Amendments of the National Security (Economic Organization) Regulations. †
Part not to apply in certain cases.
Regulation 18 of the National Security (Economic Organization) Regulations is amended by inserting in sub-regulation (2.), after paragraph (aa), the following paragraph:—
“(ab) in any case where the rate of remuneration was not prescribed by an award, order or determination of an Industrial Authority, or by an industrial agreement, in force in relation to the particular employment on the tenth day of February, One thousand nine hundred and forty-two—for the purpose of effecting an adjustment in accordance with any variation in the cost of living, since that rate of remuneration first became payable in respect of that employment, as indicated by the ‘Court’ series of Retail Price Index Numbers published from time to time by, or at the direction of, the Commonwealth Court of Conciliation and Arbitration:
Provided that nothing in this paragraph shall be deemed to authorize the payment of an increased rate of remuneration in respect of any period prior to the commencement of this paragraph;”.
* 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, 537 and 539.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1943 No. 21, made under the National Security Act 1939–1940, represents a legislative response to the economic challenges posed by the Second World War, aiming to regulate economic activities to support national security efforts. Enacted by the Governor-General in Council, these regulations were designed to ensure that the economic organization of the nation aligned with the overarching goal of national security, particularly in the context of wartime economic adjustments. The regulation specifically amends the National Security (Economic Organization) Regulations to adjust remuneration rates based on the cost of living, as measured by the Retail Price Index Numbers published by the Commonwealth Court of Conciliation and Arbitration. This amendment seeks to maintain equitable remuneration adjustments in the face of economic changes, thereby supporting both the war effort and the stability of the workforce.
Scope and Application
This Statutory Rule, made under the National Security Act 1939–1940, amends the National Security (Economic Organization) Regulations to adjust remuneration rates for employees whose pay was not previously set by an award, order, or industrial agreement as of February 10, 1942. The regulation aims to align remuneration with changes in the cost of living, as indicated by the Retail Price Index Numbers published by the Commonwealth Court of Conciliation and Arbitration. This adjustment does not retroactively affect remuneration paid prior to the amendment's commencement. The regulation applies to any entity or individual employing workers under these conditions, thereby extending its reach across various industries within the Commonwealth of Australia. Notably, the regulation does not apply to remuneration already established by industrial instruments as of the specified date. The application of this rule may be further refined or extended through subsequent subordinate instruments issued under the authority of the National Security Act.
Key Provisions
The main operative section of this statutory rule is Regulation 18 of the National Security (Economic Organization) Regulations, which is amended to include a new paragraph (ab) in sub-regulation (2). This amendment pertains to the adjustment of rates of remuneration in cases where the remuneration was not prescribed by an award, order, or industrial agreement on 10 February 1942. The adjustment is to be made according to any variation in the cost of living, as indicated by the ‘Court’ series of Retail Price Index Numbers published by the Commonwealth Court of Conciliation and Arbitration. It is important to note that this adjustment does not permit payment of increased remuneration for any period prior to the commencement of this amendment.
The amendment imposes specific obligations on employers and employees in relation to remuneration. Employers are required to review the rates of remuneration for employees whose pay was not set by an award, order, or industrial agreement as of 10 February 1942. They must adjust these rates in accordance with changes in the cost of living as indicated by the Retail Price Index Numbers. Conversely, employees in this category are entitled to seek adjustments to their remuneration based on the same index, ensuring that their pay reflects the changes in living costs since the original rates were set.
In terms of penalties and consequences for non-compliance, the statutory rule does not explicitly state penalties for breach. However, failure to comply with such regulations could lead to legal challenges or disputes in industrial tribunals or courts, where the court may impose penalties or other remedies. Additionally, there may be broader implications for the employer's reputation and industrial relations standing if such adjustments are not made in accordance with the law.
Overall, this amendment seeks to ensure that employees not covered by industrial awards or agreements receive fair remuneration adjustments in line with the cost of living. Employers must adhere to these provisions to maintain compliance with national security regulations and uphold fair employment practices.