National Security (Employment) Regulations

Legislation au C1940L00128 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 128.

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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 fifth day of July, 1940.

GOWRIE

Governor-General.

By His Excellency’s Command,

ROBERT G. MENZIES

Minister of State for Defence Co-ordination.

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National Security (Employment) Regulations.

Citation.

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

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

2.—(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 of persons so trained in connexion with the production of munitions of war or supplies.

(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, by any enactment or instrument referred to in the last preceding sub-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 made by the Commonwealth Court of Conciliation and Arbitration (Serial No. 3477) and varied prior to the first day of May, 1940, the enactment

 

* Notified in the Commonwealth Gazette on 5th July, 1940.

4179.—Price 3d.


or instrument shall have effect subject to any arrangement which has been or may be made in pursuance of this regulation, except in so far as the Minister of State for Munitions, by notice in the Gazette, otherwise directs.

(4) For the purposes of this regulation “munitions of war” includes the whole or any part of any ship, submarine, aircraft, tank or similar engine, arms, ammunition, bomb, torpedo, mine, or other article, material or device. (whether actual or proposed) intended or adapted for use in war.

(5.) All arrangements made by the Minister of State for Supply and Development in pursuance of regulation 59a of the National Security (General) Regulations prior to the commencement of these Regulations shall continue in force as if they had been made by the Minister of State for Munitions in pursuance of this regulation.

Regulation of engagement of certain employees.

3.—(1.) An employer shall not engage any employee to whom this regulation applies unless he produces—

(a) a document signed by the employer by whom he was last employed stating that he has consented to the termination of that employment, or

(b) a written permit issued by the Director of Labour, Department of Munitions, or by a person authorized by him to issue such permits. (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.

4.—(1.) An employer engaged in the manufacture of aircraft, arms, armament, ammunition, defence vehicles or weapons, or the manufacture of machines, machine tools, tools, gauges, jigs, dies, templates or moulds necessary for their production, shall not offer or pay to any employee who is directly engaged on such manufacture and is included in any of the classes specified in the first column of the Second 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 that Schedule 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 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 that Schedule shall not be reduced by reason of this regulation.

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THE SCHEDULES.

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FIRST SCHEDULE.

Electrical fitter.

Electrical mechanic.

Forger and/or faggoter.

Instrument maker.

Machinist (Engineering—First class).

Toolmaker.

Tradesman—gun manufacture.

Tradesman—fitter and/or turner.


The Schedules—continued.

SECOND SCHEDULE.

FIRST COLUMN.

Second Column.

Designation of Employee.

Margin of pay above basic wage for a week of 44 hours.

Electrical Fitter..............................

33s. plus 3s. special allowance

Electrical Mechanic...........................

33s. plus 3s. special allowance

Forger and/or Faggoter.........................

45s. plus 3s. special allowance

Instrument Maker............................

43s. plus 3s. special allowance

Machinist (Engineering—First class)................

33s. plus 3s. special allowance

Toolmaker.................................

43s. plus 3s. special allowance

Tradesman—Fitter and/or Turner..................

33s. plus 3s. special allowance

 

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

Overview

The National Security (Employment) Regulations 1940 were enacted under the National Security Act 1939-1940 to address the issue of a shortage of skilled personnel needed for the production of munitions and supplies during World War II. This was a response to the need to quickly ramp up the manufacturing of essential war materials to support Australia's war effort. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and aimed to ensure that skilled workers were adequately trained and employed in critical industries without being hindered by existing employment laws and awards. The policy objective was to facilitate the efficient production of war materials by allowing for the necessary training and employment arrangements, thus ensuring that the war effort was not compromised by labour shortages.

Scope and Application

The National Security (Employment) Regulations, enacted under the National Security Act 1939-1940, aim to address critical labour shortages during wartime by ensuring the efficient production of munitions and supplies. These regulations apply to employers and employees within specific trades essential for the war effort, including but not limited to electrical fitters, mechanics, forgers, and machinists. The Minister of State for Munitions is empowered to arrange for the training and employment of skilled personnel in these trades, overriding other enactments or awards, unless otherwise specified by the Minister. Additionally, the regulations establish marginal rates for tradesmen involved in the production of munitions, ensuring equitable pay rates across designated classifications, while also safeguarding existing higher rates for employees already in such positions at the regulation's commencement. These regulations are applicable across the Commonwealth of Australia and extend to subordinate instruments that may further specify or refine their application.

Key Provisions

The National Security (Employment) Regulations 1940 (hereafter referred to as the Regulations) provide specific provisions for the training and employment of individuals skilled in trades necessary for the production of munitions and supplies during wartime, under section 2. The Minister of State for Munitions has the authority to arrange for the training of a sufficient number of persons in trades that are in shortage and to employ these trained individuals in the production of munitions or supplies. This training and employment are lawful despite any other enactment or instrument, except as modified by the Minister's notice in the Gazette (section 2(2)-(3)). Additionally, these Regulations continue any arrangements made under the National Security (General) Regulations by the Minister of State for Supply and Development prior to their commencement (section 2(5)). Under section 3, employers are obligated to ensure that any employee they engage falls under the specified categories in the First Schedule of the Regulations and must produce either a document signed by the previous employer consenting to the termination of employment or a written permit issued by the Director of Labour, Department of Munitions, or an authorised person. This requirement ensures that only qualified and permitted individuals are employed in roles critical to the production of munitions and supplies. Section 4 sets out the marginal rates for tradesmen employed in the production of munitions and supplies, prohibiting employers from offering or paying any employee a rate of pay that deviates from the specified rates in the Second Schedule. Notably, employees already receiving a higher rate of pay at the commencement of these Regulations are not to have their pay reduced. These provisions ensure equitable compensation for workers in essential trades while maintaining the efficiency of the munitions production process. Failure to comply with these Regulations could result in civil or criminal consequences, though specific penalties are not detailed in the text. The Regulations underscore the importance of adhering to the specified procedures for training, employment, and pay rates to support the war effort effectively.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Marginal rates for tradesmen employed on production of munitions

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