National Security (Employment of Women) Regulations (Amendment)

Legislation au C1942L00294 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 294.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 twenty-ninth day of June, 1942.

WAKEHURST

Deputy of the Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of State for Defence.

———

Amendments of the National Security (Employment of Women) Regulations.†

Definitions.

1. Regulation 4 of the National Security (Employment of Women) Regulations is amended by inserting after the definition of “determination” the following definition:—

“ ‘employer’ includes the Crown (whether in right of the Commonwealth or of a State), and all instrumentalities or authorities of or under the Crown (whether in right of the Commonwealth or of a State);”.

2. After regulation 5 of the National Security (Employment of Women) Regulations the following regulation is inserted:—

Functions of Board.

“5a. Without prejudice to anything contained in these Regulations, the functions of the Board shall be to fix the remuneration, hours and conditions of employment of certain women employed in industry during the emergency created by the present war.”.

* Notified in the Commonwealth Gazette on 30th June, 1942,

† Statutory Rules 1942, No. 146, as amended by Statutory Rules 1942, Nos. 236 and 263.

4656.—Price 3d.

Application for permission to employ females.

3. Regulation 6 of the National Security (Employment of Women) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) Where an employer has, since the second day of March, 1942, employed, is employing, or proposes to employ, females on work which is usually performed by males or work which was, prior to that employment of females, or is, performed by males in the establishment of that employer, or is work which, prior to that employment or proposed employment of females, was not being performed in Australia by any person, the employer shall, unless an application in relation to that employment has already been made, forthwith make application to the Board for a decision in accordance with this regulation.”;

(b) by omitting paragraph (a) of sub-regulation (4.) and inserting in its stead the following paragraph:—

“(a) whether the work specified in the application is work specified in sub-regulation (1.) of this regulation;”;

(c) by omitting from paragraph” (b) of that sub-regulation the words “for which a rate of payment for male employees has been so determined and which is customarily performed by males” and inserting in their stead the words “specified in sub-regulation (1.) of this regulation”;

(d) by inserting in sub-paragraph (i) of that paragraph, after the word “employed”, the words “, or may continue to be employed,”;

(e) by omitting clause (2) of sub-paragraph (v) of that paragraph and inserting in its stead the following clause:—

“(2) during the period of probation, the rate of payment to be made to females employed on that work:

Provided that the rate of payment to be made to any adult female employee shall not be less than sixty per centum of the rate of payment made to adult males employed on work of a substantially similar nature;”;

(f) by omitting from sub-paragraph (vi) of that paragraph all the words to and including the word “work” (second occurring) and inserting in its stead the words “the rate of payment to be made to females employed on that work”;

(g) by omitting sub-regulation (5.) and inserting in its stead the following sub-regulation:—

“(5.) The Board shall decide a rate of payment under sub-paragraph (vi) of paragraph (b) of sub-regulation (4.) of this regulation which it considers to be just and proper in all the circumstances and shall, as far as is practicable, assess that rate by reference to the efficiency

of females in the performance of the work and any other special factors which may be likely to affect the productivity of their work in relation to that of males:

Provided that—

(a) the rate of payment so decided for any adult female employee shall not be less than sixty per centum, nor more than one hundred per centum, of the rate of payment made to adult males employed on work of a substantially similar nature; and

(b) the rate of payment made to any female employee, or to females in respect of the performance of any work, not being a rate decided by the Board, shall not be reduced by any decision of the Board.”.

4. Regulation 7 of the National Security (Employment of Women) Regulations is repealed and the following regulation inserted in its stead:—

Application by female employee or organization of female employees.

“7. Any female employed on work specified in sub-regulation (1.) of regulation 6 of these Regulations, or any organization of employees to which any such female belongs, may make application to the Board for a determination of the rate of payment to be made to, or the hours and conditions to be observed in respect of, females employed on that work and the Board shall forthwith deal with the application as if it were an application under regulation 6 of these Regulations.”.

Additional powers of Board.

5. Regulation 8 of the National Security (Employment of Women) Regulations is amended by inserting after the word “Board” (second occurring) the words “, or of its own motion”.

Decisions of Board binding on parties to application.

6. Regulation 9 of the National Security (Employment of Women) Regulations is amended by omitting the words “who made the application pursuant to which the decision was made” and inserting in their stead the words “or employers specified in the decision”.

Employment of females in Department of Munitions, &c.

7. Regulation 11 of the National Security (Employment of Women) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “sub-regulation (1.) of regulation 6 of”;

(b) by omitting from that sub-regulation all the words from and including the words “, not requiring” and inserting in their stead the words “reserved to males by any such law or instrument or work specified in sub-regulation (1.) of regulation 6 of these Regulations.”; and

“Provided that the Board shall not decide that females may not be employed on any such work.”.

Commencement of rate of pay.

8. Regulation 12 of the National Security (Employment of Women) Regulations is amended by inserting after the words “in pursuance of” the words “regulation 6 or regulation 7 of”.

9. After regulation 14 of the National Security (Employment of Women) Regulations the following regulation is inserted:—

Manner in which Board may inform itself.

“14a.—(1.) The Board may hear evidence, make inspections or otherwise inform itself in any manner that it thinks proper in the circumstances.

“(2.) An employer shall allow to any member of the Board or to any person authorized by the Chairman of the Board full and free access to his premises for the purposes of these Regulations.”.

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

Overview

The Statutory Rules of 1942, No. 294, are Regulations made under the National Security Act 1939-1940, responding to the exigencies of the Second World War. Enacted by the Deputy of the Governor-General in and with the advice of the Federal Executive Council, these regulations were designed to facilitate the employment of women in roles traditionally held by men, given the manpower shortages caused by the war. The primary objective is to ensure that the remuneration, hours, and conditions of employment for women in these roles are set fairly and justly by the Board, while also protecting the rights of female employees. The regulations specifically address the need for employers to apply for permission to employ females in certain jobs and empower the Board to decide on the rates of pay and conditions, ensuring that women are not unfairly disadvantaged in their wartime employment.

Scope and Application

The Statutory Rules 1942 No. 294, made under the National Security Act 1939-1940, primarily focus on regulating the employment of women in industries during the wartime emergency. This legislation applies to employers, including the Crown and its instrumentalities or authorities, whether in the Commonwealth or a State. The regulations specifically address the employment of women in roles traditionally performed by men or in new roles that were not previously undertaken in Australia. Employers who employ, or intend to employ, women in such roles since March 2, 1942, are required to apply to the Board for a decision on the appropriate remuneration, hours, and conditions of employment. Additionally, the Board has the authority to fix these terms, subject to certain minimum standards, and can act on its own motion. Female employees or organisations representing such employees can also apply to the Board for a determination of their rates of pay and working conditions. The Board's decisions are binding on the relevant parties. The regulations further provide for the Board's ability to gather information and inspect premises to inform its decisions.

Key Provisions

The Regulations under the National Security Act 1939-1940, specifically the National Security (Employment of Women) Regulations, introduce several amendments aimed at managing the employment of women during the emergency created by the war. Regulation 4 introduces a definition of "employer" to include the Crown and its instrumentalities, extending the scope of the regulations to encompass government-employed women. Regulation 5a establishes the functions of the Board, which include determining the remuneration, hours, and conditions of employment for certain women in industry during the emergency. Regulation 6 outlines the application process for employers who wish to employ females in roles traditionally held by males, mandating them to seek Board approval before doing so. It also specifies that the rate of payment for female employees must not be less than sixty percent of what male employees earn for similar work. These Regulations impose specific obligations on employers. According to Regulation 6, employers must apply to the Board for permission to employ females in roles traditionally held by males, ensuring that the work is suitable and the rates of payment are set by the Board. Regulation 7 allows female employees or their organizations to apply directly to the Board for a determination of rates of payment or working conditions, giving them a voice in the decision-making process. Regulation 8 extends the Board's powers to act on its own motion, in addition to responding to applications, thereby providing flexibility in addressing employment issues. Regulation 12 mandates that the Board's decisions on rates of pay must be implemented in accordance with Regulations 6 or 7, ensuring consistency and adherence to the Board's determinations. Breach of these Regulations carries significant consequences. While the text does not explicitly detail specific offences or penalties, the overarching authority of the Board to make binding decisions implies that non-compliance could lead to legal repercussions. Employers failing to adhere to the Board's decisions on employment conditions or rates of pay could face enforcement actions, potentially including fines or other penalties as prescribed by the broader National Security Act 1939-1940. The stringent oversight and the binding nature of the Board's decisions underscore the importance of compliance with these Regulations during the war emergency.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Enforcement Powers; Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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