National Security (Engineering Industry Man Power Committee) Regulations

Legislation au C1942L00482 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 482.

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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 Thirty first

day of October           , 1942.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

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National Security (Engineering Industry Man Power Committee) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Engineering Industry Man Power Committee) Regulations.

Definitions.

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

“engineering industry” includes the engineering and metal working and fabricating industries in all their branches, and, without limiting the generality of the foregoing, also includes the branches thereof and the classifications of employees employed therein respectively set out in—

(a) the Interim Metal Trades Award made by the Commonwealth Court of Conciliation and Arbitration on 5th December, 1941;

(b) the Aircraft Award made by that Court on 4th August, 1938;

(c) the Motor Body and Coach Building Interim Award made by that Court on 15th December, 1939; and

(d) the agreement entered into by the Amalgamated Engineering Union (Australian Section) and others with the Minister of State for Supply and Development on 4th December, 1939;

 

* Notified in the Commonwealth Gazette on      , 1942.

7236.—Price 3d.        25/7.10.1942.


“skilled employee” means any person employed in the engineering industry;

“the Committee” means the Engineering Industry Man Power Committee constituted under these Regulations.

Engineering Industry Man Power Committee.

3.—(1.) There shall be a Committee to be known as the Engineering Industry Man Power Committee which shall consist of the Director-General of Man Power (who shall be the Chairman of the Committee) and seven other members appointed by the Minister who shall respectively represent—

(a) the Department of the Army;

(b) the Department of Air;

(c) the Department of the Navy;

(d) the Department of Munitions;

(e) the Department of Aircraft Production;

(f) industries engaged in the production of munitions and other goods essential to the defence of the Commonwealth; and

(g) the Amalgamated Engineering Union.

(2.) The Chairman shall convene meetings of the Committee as and when required, and, in any event, within seven days after the date of the receipt by him of an application therefor signed by a member of the Committee.

(3.) At all meetings of the Committee—

(a) the Chairman (or, in his absence, a member elected by the members present) shall preside;

(b) all questions shall be determined by a majority of the votes of the members present;

(c) the Chairman (or, in his absence, the member presiding) shall have a deliberative vote and, in the case of an equality of voting, shall also have a casting vote; and

(d) five members shall constitute a quorum.

Deputies of members.

4. Any member of the Committee may appoint a person to act as his deputy in the event of his absence from any meeting of the Committee from any cause, and the deputy, while so acting shall have and may exercise all the powers and functions of the member.

Functions of Committee.

5. The Committee shall investigate all questions which arise concerning the shortage of skilled employees and the allocation of those employees between industry and the Defence Force, and may make such recommendation to the Minister arising out of any such investigation as it thinks just.

Powers of Minister.

6—(1.) The Minister may, upon receipt of a recommendation of the Committee, direct—

(a) that any skilled employee shall be exempt from service with the Defence Force;

(b) that any member of the Defence Force shall be transferred to industry and thereafter be exempt from service with the Defence Force;

(c) that any person employed in industry shall be available for transfer to the Defence Force and shall cease to be exempt from service with the Defence Force,

and may cancel or vary any such direction.


(2.) Any such direction may be made subject to such conditions and reservations as the Minister thinks fit.

(3.) Any such direction shall have effect notwithstanding anything contained in any other law.

(4.) Subject to the last preceding sub-regulation, nothing in these Regulations shall be construed as restricting the exercise of any other power under any other law of the Commonwealth relating to the exemption of persons from service in the Defence Force.

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

Overview

The National Security (Engineering Industry Man Power Committee) Regulations 1942 were enacted under the authority of the National Security Act 1939-1940, responding to the critical need to manage the shortage of skilled employees in the engineering industry during wartime. The regulations aimed to address the allocation of skilled manpower between the Defence Force and the engineering industry to ensure efficient national defence efforts. Enacted by the Commonwealth of Australia under the Deputy of the Governor-General and the Federal Executive Council, the policy objective was to streamline the process of exempting skilled employees from Defence Force service and facilitating their transfer to essential industries, thereby maintaining the production of defence-related goods. The establishment of the Engineering Industry Man Power Committee was central to this objective, tasked with investigating shortages and making recommendations to the Minister for Defence.

Scope and Application

The National Security (Engineering Industry Man Power Committee) Regulations, made under the National Security Act 1939-1940, establish a framework for managing the allocation of skilled employees within the engineering industry to address national security concerns during wartime. These Regulations apply to skilled employees in the engineering industry, encompassing metalworking and fabricating sectors, as well as related classifications of employees as specified in various awards and agreements listed in the Regulations. The Regulations establish the Engineering Industry Man Power Committee, which comprises representatives from relevant government departments and the Amalgamated Engineering Union, with the Director-General of Man Power acting as the Chairman. The Committee's primary function is to investigate shortages of skilled employees and recommend measures to allocate these employees effectively between industry and the Defence Force. The Minister of State for Defence, upon receiving recommendations from the Committee, has the authority to direct the exemption of certain skilled employees from Defence Force service, transfer Defence Force members to industry, or make industry employees available for Defence Force service, subject to specified conditions. The Regulations' provisions override conflicting laws, ensuring their primacy in matters concerning the exemption from Defence Force service.

Key Provisions

The National Security (Engineering Industry Man Power Committee) Regulations (C1942L00482) establish a framework to manage the distribution and allocation of skilled employees within the engineering industry during a period of national security concern. Section 3 of the Regulations provides for the establishment of the Engineering Industry Man Power Committee, which includes the Director-General of Man Power as the Chairman, and seven other members appointed by the Minister. These members represent various defence-related departments and industries, including the Amalgamated Engineering Union. The Committee is tasked with investigating shortages of skilled employees and making recommendations to the Minister regarding their allocation between industry and the Defence Force (Section 5). The Regulations impose several obligations on the parties involved. The Committee is required to convene meetings as necessary and make decisions based on a majority vote, with the Chairman having a deliberative and casting vote in the event of a tie (Section 3). Additionally, members of the Committee are permitted to appoint deputies to act on their behalf if they are unable to attend meetings (Section 4). The Minister, upon receiving recommendations from the Committee, has the authority to direct the exemption of skilled employees from Defence Force service, transfer Defence Force members to industry, or require industry employees to be available for Defence Force transfer, subject to specified conditions (Section 6). Violations of the provisions within these Regulations can lead to significant consequences. While the specific offences and penalties are not detailed in the text provided, it is clear that the Minister's directions are to have effect notwithstanding any other law, which implies a strong enforcement mechanism (Section 6(3)). Any failure to comply with the Regulations could potentially lead to legal repercussions, as the Minister’s powers to issue directions are robust and can override other legislative provisions.

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