STATUTORY RULES.
1941. No. 255.
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REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this twenty ninth day of October, 1941
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
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Amendment of the National Security (Engineering Trades Dilution) Regulations.†
Wages of added tradesmen.
Regulation 15 of the National Security (Engineering Trades Dilution) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(2.) Upon employing an added tradesman, an employer shall pay to any engineering trades apprentice serving him in the fifth year of service not less than the wage so prescribed for a tradesman engineer.
“(3.) Such apprentices so paid shall be deemed to be tradesmen for the purpose of computing the number of apprentices who may be employed by an employer.
“(4.) An employer may require any such apprentice to transfer as an apprentice to another employer who has undertaken to employ him as such in an establishment approved by a Local Dilution Committee as suitable for the completion of the training of the apprentice.”.
* Notified in the Commonwealth Gazette on , 1941.
† Statutory Rules 1941, Nos. 102 and
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6903.—19/24.10.1941.—Price 3d.
Overview
The Statutory Rules of 1941, Number 255, constitutes a regulation made under the National Security Act 1939-1940. Enacted during a period of heightened national security concerns, this regulation was designed to address the issue of wage dilution within engineering trades by amending the National Security (Engineering Trades Dilution) Regulations. The regulation was made by the Governor-General in Council, acting on the advice of the Minister of State for Defence Co-ordination, and aims to ensure fair wages for apprentices and maintain the integrity of their training during a critical period. The regulation specifically mandates that employers must pay apprentices in their fifth year of service at least the wage prescribed for a tradesman engineer and allows for the transfer of such apprentices to other approved establishments for the completion of their training.
Scope and Application
The Statutory Rules 1941, No. 255, made under the National Security Act 1939-1940, provide specific amendments to the National Security (Engineering Trades Dilution) Regulations. This regulation pertains to employers in the engineering trades, particularly those who have added tradesmen to their workforce. The Act requires such employers to pay engineering trades apprentices who have completed the fifth year of their service wages equivalent to those of a tradesman engineer. Furthermore, these apprentices are deemed tradesmen for the purposes of calculating the number of apprentices an employer can hire. Additionally, employers have the right to require these apprentices to transfer to another employer, provided the new employer has agreed to employ them in a setting approved by a Local Dilution Committee as suitable for the completion of their training. The regulation thus applies to employers and apprentices within the engineering trades, aiming to ensure fair wages and suitable training environments during a period of national security concern.
Key Provisions
This legislative instrument amends the National Security (Engineering Trades Dilution) Regulations, introducing new provisions regarding wages for apprentices nearing the end of their training. Regulation 15 is specifically updated to include these provisions. Under the new sub-regulations, employers are required to pay any engineering trades apprentice who is in the fifth year of service at least the wage prescribed for a fully qualified tradesman (sub-regulation 15(2)). These apprentices, once paid the higher wage, are considered as tradesmen for the purposes of calculating the number of apprentices an employer may have (sub-regulation 15(3)). Additionally, employers have the discretion to require such apprentices to transfer to another employer, provided that employer has agreed to continue the apprentice’s training in a setting approved by a Local Dilution Committee (sub-regulation 15(4)).
The Act imposes several obligations on employers engaged in engineering trades. Primarily, it mandates that employers pay apprentices in their fifth year of training at least the wage of a fully qualified tradesman. This requirement is intended to recognise the advanced skills and knowledge these apprentices have acquired. Furthermore, employers must comply with the stipulation that these apprentices are counted as tradesmen in the overall tally of apprentices they can employ. This ensures a balanced distribution of training responsibilities and resources across employers. Employers also have the authority to facilitate the transfer of apprentices to other employers, but this must be done under the conditions specified, ensuring the continuation of proper training in an approved environment.
Non-compliance with the provisions of these regulations could lead to various consequences, although specific penalties are not detailed within the text of the regulation itself. Under the overarching National Security Act 1939-1940, breaches of regulations made under its authority could result in both civil and criminal penalties. Civil penalties might include fines or other monetary penalties, while criminal penalties could include imprisonment, reflecting the seriousness with which the government treats non-compliance with national security regulations. The exact penalties would depend on the specific nature and severity of the breach, as well as any additional provisions or guidelines issued under the Act.