National Security (Employment) Regulations

STATUTORY RULES.

1940. No. 287.

REGULATIONS 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 Regulations under the National Security Act 1939-1940.

Dated this thirteenth day of December, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

National Security (Employment) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Employment) Regulations.

Repeal.

2.—(1.) The National Security (Employment) Regulations (being Statutory Rules 1940, No. 128, as amended by Statutory Rules 1940, No. 206) are repealed.

(2.) All arrangements made or continued in force under the Regulations so repealed shall continue in force as if they had been made by the Minister in pursuance of these Regulations.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Consolidated Metal Trades Award” means the Consolidated Metal Trades Award made by the Commonwealth Court of Conciliation and Arbitration (Serial No. 3417) and varied prior to the first day of May, 1940;

“Motor Body and Coach Building Award” means the Interim Award made by the Commonwealth Court of Conciliation and Arbitration (Serial No. 3974) on the fifteenth day of December, 1939;

* Notified in the Commonwealth Gazette on 13th December, 1940.

7526.—Price 3d

“munitions of war” includes the whole or any part, of any ship, submarine, aircraft, tank or similar vehicle or engine, arms, armaments, ammunition, vehicle, bomb, torpedo, mine, weapon or device (whether actual or experimental), and any other article or material which in the opinion of the Minister, is intended for use in war; and also includes any machine, machine tool, tool, gauge, jig, die, template and mould necessary for their manufacture, production or overhaul; and

“the Minister” means the Minister of State for Munitions.

Training and employment of persons for the production of munitions or supplies.

4.—(1.) If it appears to the Minister of State for Munitions that the production of munitions of war or supplies required for the efficient prosecution of the war is likely to be seriously prejudiced by reason of a shortage of persons skilled in any particular trade, he may make such arrangements as he considers necessary for the training of a sufficient number of persons in that trade or in any branch of that trade, and for the employment in that trade, of persons so trained.

(2.) The training and employment of any person in accordance with any such arrangement shall be lawful notwithstanding anything contained in any enactment other than the National Security Act 1939-1940, or in any instrument, (including any award, determination or agreement) having effect by virtue of any such enactment.

(3.) Where any person (other than a person who is a tradesman for the purposes of clause 5 of the Consolidated Metal Trades Award) is employed in skilled work in the engineering trade, which, prior to his being so employed, was performed by such a tradesman, that person shall, for the purposes of clause 7 of the Agreement between the Commonwealth Government, the Amalgamated Engineering Union and the Employers’ Association signed at Melbourne on the eighth day of May, 1940, and published in the Gazette on the eighth day of July, 1940, be deemed to be a man trained in pursuance of that Agreement and to be an “added” tradesman within the meaning of such last-mentioned clause.

(4.) Where, by any enactment or instrument referred to in sub-regulation (2.) of this regulation, provision is made for the increase of the number of tradesmen in the Metal Trade classifications as stated in clause 5 of the Consolidated Metal Trades Award, the enactment or instrument shall have effect subject to any arrangement which has been or may be made in pursuance of this regulation or which is continued in force by these Regulations, except insofar as the Minister, by notice in the Gazette, otherwise directs.

Regulation of engagement of certain employees.

5.—(1.) An employer not engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war shall not engage any employee to whom this regulation applies except in pursuance of a permit issued to the employer by the Director of Labour, Department of Munitions or by a person thereto authorized by the Director of Labour.

(2.) This regulation shall apply to the employees specified in the First Schedule to these Regulations.

Marginal rates for tradesmen employed on production of munitions.

6.—(1.) An employer engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war shall not offer or pay to any employee who is directly engaged on such manufacture,

production, repair or overhaul or in the maintenance of plant therefor and is included in any of the classes specified in the first column of the Second Schedule or the Third Schedule to these Regulations a higher or lower marginal rate of pay (exclusive of hourly hiring or shift allowances) than the rate specified in the second column of either of those Schedules opposite the designation of that employee.

(2.) Notwithstanding anything contained in this regulation, the pay of any employee who, at the commencement of this regulation, was employed in any of the classifications mentioned in the Second Schedule or the Third Schedule to these Regulations and was in receipt of a higher marginal rate (exclusive of hourly hiring and shift allowance) than is specified for that classification in the second column of either of those Schedules shall not be reduced by reason of this regulation.

THE SCHEDULES.

THE FIRST SCHEDULE.

Reg. 5.

Metal Trades.

Electrical Fitter.

Electrical Mechanic.

Forger and/or Faggoter.

Instrument Maker.

Machinist, (Engineering—First class).

Patternmaker.

Toolmaker.

Tradesman—

(a) Gun manufacture.

(b) Fitter and/or Turner.

(c) Marking off.

(d) In gun armament.

(e) Turbine blade fitter.

(f) Brass finisher.

Boilermaker and/or Structural Steel Worker.

Marker Off and/or Template Maker.

Frame Bender.

Welder (First Class).

Smiths—

(а) Toolsmith.

(b) Angle-iron Smith.

(c) Coppersmith.

(d) Brass Smith,

(e) Boilersmith.

(f) Other Smiths.

Moulder or Coremaker—Jobbing.

Motor Vehicle Building Trades.

Die Tester and/or Adjuster (making necessary adjustments before handing to manufacturing shop).

Electrical Fitter.

Electrical Mechanic.

Jigmaker in wood or metal.

Patternmaker (as defined in the Motor Body and Coach Building Award).

Smith.

Template Maker.

Tool Maker, Tool Hardener and Die Maker (in wood or metal).

Tradesman—

(а) the greater part of whose time is occupied marking off.

(b) Turner and/or Fitter.

(c) Machinist (metal).

Welder (First Class).

THE SECOND SCHEDULE. Reg. 6.

THE THIRD SCHEDULE. Reg. 6.

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