STATUTORY RULES.
1943. No 143.
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 seventh day of May, 1943.
Deputy of the Governor-General.
By His Excellency’s Command.
for and on behalf of the Minister of State for Defence.
AMENDMENTS OF THE NATIONAL SECURITY (ENGINEERING TRADES DILUTION) REGULATIONS.†
1. Regulations 3 of the National Security (Engineering Trades Dilution) Regulations is repealed and the following regulation inserted in its stead:—
Objects.
“3. The objects of these regulations are—
(a) to give effect to the principles embodied in, and to supplement, the agreements made by the Commonwealth with the Amalgamated Engineering Union and the Australasian Society of Engineers and certain organisations of employers on the 8th May, 1940, and on the 13th June, 1940, respectively, to meet the exceptional circumstance arising in the engineering trades out of the present war; and
(b) to regulate the employment of women in the engineering trades to which these Regulations apply,
and these Regulations shall be administered accordingly.”.
Definitions.
2. Regulation 4 of the National Security (Engineering Trades Dilution) Regulations is amended by inserting in the definition of “recognized tradesman”, after the word “tradesman” (second and third occurring), the words “or as a second class machinist”.
Application of Regulations to females.
3. After regulations 5 of the National Security (Engineering Trades Dilution) Regulations the following regulation is inserted–
“5a. The provisions of these Regulations, other than sub-regulations (5.) and (6.) of regulation 18, and all powers functions, duties and obligations thereunder, shall be applicable in relation to females as well as to males.”.
Central Dilution Committee.
4. Regulation 8 of the National Security (Engineering Trades Dilution) Regulations is amended by omitting from paragraph (f) of sub-regulation (4.) the words “Controller of
* Notified in Commonwealth Gazette on , 1943.
† Statutory Rules 1941, No. 102, as amended by Statutory Rules 1941, Nos. 255, 277, and 283.
Technical Training” and inserting in their stead the words “Director of Industrial Training”.
Local Dilution Committees.
5. Regulation 9 of the National Security (Engineering Trades Dilution) Regulations is amended by omitting from paragraphs (b) and (c) of sub-regulation (4.) the word “men” and inserting in its stead the word “persons”.
Dilution may be permitted by a Local Dilution Committee.
6. Regulation 14 of the National Security (Engineering Trades Dilution) Regulations is amended—
(a) by inserting in sub-regulation (3.), before the words “basic wage” (wherever occurring), the word “male”; and
(b) by inserting in paragraph (b) of sub-regulation (3.) after the word “prescribed”, the words “for male employees”.
Wages of added tradesman.
7. Regulations 15 of the National Security (Engineering Trades Dilution) Regulations is amended by inserting in sub-regulation (1.), after the word “prescribed”, the words “for male employees”.
8. After Regulation 15 of the National Security (Engineering Trades Dilution) Regulations the following regulation is inserted:—
Pay in lieu of annual leave in certain cases.
“15a. Where the employment of any added tradesman who has been a trainee is terminated at the direction of a local Dilution Committee for any reason outside his control before he becomes entitled on accordance with the appropriate award, order, determination or industrial agreement to annual leave, or pay in lieu of annual leave, the employer shall pay to the added tradesman on the termination of the employment an amount equal to one-twelfth of a week’s wage for each completed month of continuous service with that employer.”.
9. After Regulation 17 of the National Security (Engineering Trades Dilution) Regulations the following regulation are inserted:–
Employers to furnish certain particulars.
“17a. Every employer shall, within thirty days after the commencement of this regulation, furnish a Local Dilution Committee with particulars in writing of the names, addresses, ages and occupations of all persons (not being recognized tradesmen or apprentices) who—
(a) after the 8th May, 1940, and before the commencement of these Regulations, were engaged or elevated by him to perform work ordinarily performed by second-class machinists and particulars of whom were not furnished in pursuance of sub-regulation (5.) of regulation 17 of these Regulations; or
(b) after the commencement of these Regulations were so engaged or elevated without the permission of a Local Dilution Committee,
and who at the commencement of this regulation are employed by him to perform such work, and all such persons shall be deemed to be added tradesmen within the meaning of these Regulations.
Second-class machinists registered as added tradesmen before.
“17b. Where a Local Dilution Committee has, before the commencement of this Regulation, purported to give permission to engage or elevate any person to perform work ordinarily performed by a second-class machinist, and the Department has recorded particulars in respect of that person in purported pursuance of sub-regulation (1.) of regulation 16 of these
Commencement of these Regulations.
Regulations, that person shall be deemed to be an added tradesman within the meaning of these regulations and those particulars shall be deemed to be duly recorded in pursuance of that sub-regulation, and, if a local dilution committee has determined that the name of that person shall be removed from the Register, or that that person shall be suspended from employment, that person shall, for the purpose of those regulations, be deemed to be an added tradesman whose name has been removed from a Register, or who has been suspended from employment, as the case may be, in pursuance of these regulations”
10. Regulation 18 of the National Security (Engineering Trades Dilution) Regulations is repealed and the following regulation inserted in its state:—
Limitation on employment of added tradesmen and females.
“18—(1.) To the intent that all recognised tradesmen available and offering for employment who are competent to perform the work required shall be employed before any added tradesman is engaged or if elevated, an employer shall not engage or elevate or continue to employ an added tradesman on work ordinarily performed by a recognised tradesman if a recognised tradesman of the same classification who is competent to perform the work required is available and offering for such employment.
“(2.) When an employer reduces the number of his employees, he shall not without the consent of a Local Dilution Committee:
(a) dismiss a recognised tradesman while any added tradesman of the same classification is employed by him in the same establishment; or
(b) dismiss a male added tradesman while any female added tradesman of the same classification is employed by him in the same establishment.
“(3.) A recognised tradesman shall not be debarred from employment by reason only of his age or because he is suffering from a minor disability, if a Local Dilution Committee certifies that he is competent to perform the work required.
“(4.) The last preceding sub-regulation shall not apply in relation to any undertaking or establishment in respect of which a pension scheme for its employees is in force unless a Local Dilution Committee directs that it shall so apply.
“(5.) Every male person employed as an added tradesman shall, within seven days after being required by a Local Dilution Committee so to do, enter into an agreement with the Commonwealth to abandon his employment as an added tradesman if and when a recognised tradesman of the same classification, who is declared by a Local Dilution Committee to be competent to perform the work required, is capable and offering for such employment.
“(6) Every female person employed as an added tradesman shall, within seven days after being retired by a Local Dilution Committee so to do, enter into an agreement with the Commonwealth to abandon her employment as an added tradesman if and when a recognised tradesman or a male added tradesman of the same classification, who is declared by a Local Dilution Committee to be competent to perform the work required, is available and offering for such employment.”.
11. The National Security (Engineering Trades Dilution) Regulations are amended by adding at the end thereof the following regulations:—
Investigations.
“22. (1.) The Secretary of the Department may authorise any officer or employee of the Commonwealth to make investigations and reports in relation to the observance of this Regulations
“(2.) Subject to the general control and direction of the Chairman of the Central Dilution committee an officer or employee of the Commonwealth so authorised may at any time during working hours enter any establishment, factory, mine, dockyard or workshop, in which any engineering trade to which these Regulations apply is being carried on, and may inspect any work, material, machinery, appliances, article, book or document contained therein, and may interview any person employed therein.
“(3.) A person shall not hinder or obstruct an officer or employee of the Commonwealth so authorised in the exercise of his powers under this Regulations.”.