National Security (Electrical Trades Dilution) Regulations (Amendment)

Overview

The Statutory Rules 1944 No. 40, Regulations Under the National Security Act 1939-1943, were enacted to address the immediate need for skilled electrical workers during the Second World War. These regulations amend the National Security (Electrical Trades Dilution) Regulations to ensure that an adequate number of skilled electrical workers would be available to meet the exceptional circumstances arising from the war. The regulations were made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and the policy objective is to ensure the availability of skilled labour and to regulate the employment of women in the electrical trades to address the workforce shortages caused by the war.

Scope and Application

The National Security (Electrical Trades Dilution) Regulations, established under the National Security Act 1939-1943, primarily apply to skilled electrical workers, both male and female, in the context of the exceptional circumstances arising from the war. These regulations were designed to ensure that an adequate number of skilled electrical workers would be available to meet the demands of the electrical trades. The regulations are intended to regulate the employment of women in the electrical trades and are administered to ensure compliance with the established principles. The regulations extend to any establishment, factory, mine, dockyard, or workshop where electrical trades are being conducted within the Commonwealth of Australia. The application of these regulations was amended to include females, with specific provisions governing their employment and wages. Furthermore, these regulations allow for inspections and investigations to be conducted by authorised Commonwealth employees to ensure adherence to the prescribed standards.

Key Provisions

The primary operative sections of these Regulations (section 1) focus on ensuring the availability of skilled electrical workers during wartime and regulating the employment of women in the electrical trades. Specifically, regulation 3 outlines the objectives of the Regulations, which include ensuring an adequate number of skilled electrical workers and regulating the employment of women in the electrical trades. Regulation 5a extends the provisions of these Regulations to females as well as males. Additionally, section 2 inserts a new regulation after regulation 5 to ensure the application of these Regulations to both genders. Section 3 amends regulation 8 to replace the “Controller of Technical Training” with the “Director of Industrial Training.” Similarly, section 4 modifies regulation 9 to replace “men” with “persons” and again replaces the “Controller of Technical Training” with the “Director of Industrial Training.” Section 5 amends regulation 14 to specify that dilution may only be permitted by a Local Dilution Committee for male employees, and to insert “male” before “basic wage” and “for male employees” after “prescribed” in sub-regulation (3). Section 6(1) amends regulation 15 to specify wages for male employees and replaces sub-regulation (2) with a new sub-regulation that mandates employers to pay electrical trades apprentices in their final year of apprenticeship the prescribed wage and overtime rate for an electrical fitter or electrical mechanic, as applicable. Moreover, section 6(2) clarifies that such apprentices are not entitled to recover payment of any amount in respect of overtime at a rate in excess of the prescribed rate. Finally, section 7 adds a new regulation 22 that allows the Secretary to the Department to authorize Commonwealth employees to conduct investigations and inspections related to the observance of these Regulations. These Regulations impose several obligations and requirements on parties governed by them. Firstly, employers must ensure they have an adequate number of skilled electrical workers and comply with the provisions regulating the employment of women in the electrical trades. Employers must also pay electrical trades apprentices in their final year of apprenticeship the prescribed wage and overtime rate for an electrical fitter or electrical mechanic, as applicable. Additionally, the Secretary to the Department may authorize Commonwealth employees to make investigations and reports in relation to the observance of these Regulations and conduct inspections, interviews, and examinations of work, materials, machinery, appliances, articles, books, or documents in establishments, factories, mines, dockyards, or workshops where electrical trades are being carried out. These Regulations also impose penalties and consequences for breaches. Section 7(3) states that a person shall not hinder or obstruct a Commonwealth employee authorized to exercise powers under these Regulations. Breaching this provision may result in criminal or civil consequences, although the specific penalties are not outlined in the Regulations. It is important to note that the maximum penalties for breaches of these Regulations are not explicitly stated in the text provided. However, given the wartime context and the critical nature of ensuring skilled electrical workers, penalties for non-compliance could potentially be severe, and further investigation into the applicable penalties may be necessary.