STATUTORY RULES.
1943. No. 147.
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 first day of June 1943.
(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 the National Security (Electrical Trades Dilution) Regulations.†
Wages of added tradesmen.
Regulation 15 of the National Security (Electrical Trades Dilution) Regulations is amended by adding at the end of sub-regulation (2.) the words “, except during such periods as the apprentice is absent from his place of employment for the purpose of undergoing instruction at any technical or similar school.”.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1941, No. 253, as amended by Statutory Rules 1942, No. 234.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
979.—Price 3d. 25/15.2.1943.
Overview
Statutory Rules 1943, No. 147, enacted by the Governor-General on the advice of the Federal Executive Council, amends the National Security (Electrical Trades Dilution) Regulations under the National Security Act 1939-1940. This legislative instrument aims to address the need for adjustments to the wages of added tradesmen, particularly during periods when apprentices are absent from their employment for technical instruction. The regulation specifies that wages should not be adjusted during such absences, thus providing clarity and ensuring fair compensation practices within the context of national security measures. This regulation is a direct response to the evolving needs of the workforce during times of national security, reflecting a policy objective to balance workforce demands with financial stability.
Scope and Application
The Statutory Rules 1943 No. 147, made under the National Security Act 1939-1940, pertains specifically to the amendment of the National Security (Electrical Trades Dilution) Regulations. This regulation applies to electrical tradesmen and apprentices within the Commonwealth of Australia, directly impacting their wages. The amendment clarifies that the wages of added tradesmen will not be affected during periods when the apprentice is absent from their place of employment to undergo instruction at a technical or similar school. This regulation, thus, delineates the conditions under which wages are adjusted for apprentices, ensuring that absences for educational purposes do not impact the stipulated wages. The amendment does not extend its application beyond the electrical trades sector, nor does it affect tradesmen or apprentices outside this industry.
The National Security Act 1939-1940, and by extension the regulations it governs, applies nationally across Australia, with the Commonwealth having jurisdiction over the enforcement of these provisions. The regulations aim to manage and balance labour practices within the electrical trades during a period of national security, ensuring that the dilution of skilled labour is managed appropriately. This legislative instrument does not specify exclusions or exemptions beyond the scope of the electrical trades and apprentices. The application of these regulations is further extended and potentially restricted by any subordinate instruments issued under the authority of the National Security Act 1939-1940.
Key Provisions
The regulation under the National Security Act 1939-1940 primarily concerns amendments to the National Security (Electrical Trades Dilution) Regulations, specifically addressing the wages of added tradesmen. Regulation 15 of these Regulations is amended to clarify that the wages of added tradesmen do not apply during periods when the apprentice is absent from their place of employment for the purpose of undergoing instruction at any technical or similar school. This amendment ensures that apprentices do not receive reduced wages while they are engaged in formal educational activities that are integral to their training.
The obligations and requirements imposed by this regulation are straightforward. Employers within the electrical trades sector must ensure that the wages of added tradesmen do not diminish when apprentices are absent for educational purposes. This means that if an apprentice is attending a technical or similar school, the employer is obligated to maintain the apprentice's wages at the level that would have been paid if the apprentice were present at the workplace. This requirement is intended to support the educational development of apprentices without penalising them financially for engaging in necessary training activities.
Failure to comply with this regulation could result in civil consequences for employers. While the specific penalties are not detailed in the statutory rules, non-compliance with regulations under the National Security Act 1939-1940 can typically lead to enforcement actions, fines, or other corrective measures. Employers who fail to adhere to the wage requirements during an apprentice's educational absence may face legal repercussions, including potential financial penalties and orders to rectify the non-compliance. The precise nature and extent of these consequences would be determined by the relevant authorities enforcing the regulation.