National Security (Female Minimum Rates) Regulations (Amendment)

STATUTORY RULES

1945. No. 139.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

WHEREAS it is necessary, pending the re-establishment in civil life of members of the Defence Force and for the purpose of assisting that re-establishment, that the carrying on of certain industries in which females are employed should be facilitated:

And whereas, with a view to facilitating the carrying on of those industries, it is expedient that disparities in the minimum rates of remuneration for females in respect of various classes of employment should be reduced:

Now therefore 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 1939-1943.

Dated this thirtieth day of August, 1945.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

E. J. HOLLOWAY

for and on behalf of the Minister of State for Defence.

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Amendments of the National Security (Female Minimum Rates) Regulations.†

Remuneration of females to be not less than 75 per centum of corresponding minimum male rate.

1. After regulation 4 of the National Security (Female Minimum Rates) Regulations the following regulation is inserted:—

“4a.—(1.) Notwithstanding anything contained in any law of the Commonwealth or of any State or Territory of the Commonwealth or in any award, order, determination or industrial agreement, the rate of remuneration to which any female employed in any occupation within a vital industry shall be entitled, in respect of the normal weekly hours worked in any pay period commencing after the date of commencement of this regulation, shall be—

(a) in the case of a female who is being paid, or is entitled to be paid, at an adult rate of remuneration not based on experience—not less than seventy-five per centum of the corresponding minimum male rate; or

(b) in the case of a female who is being paid, or is entitled to be paid, at a rate-for-age rate of remuneration or an experience rate of remuneration—not less than the rate which bears to seventy-five per centum of the corresponding minimum male rate the same proportion as the rate which she is being paid or is entitled to be paid bears to the rate prescribed for an adult female or a fully experienced female (as the case may be):

“Provided that nothing in this regulation shall authorize the payment, in respect of any female so employed, at a rate of remuneration lower than her rate of remuneration immediately prior to the date of commencement of this regulation.

“(2.) For the purposes of this regulation—

(a) the expression ‘employed in any occupation within a vital industry’ means employed in—

(i) any vital industry or part of a vital industry; or

(ii) any occupation within a vital industry,

which is specified by the Minister by notice published in the Gazette;

(b) the expression ‘adult rate of remuneration’ means the rate of remuneration prescribed by an award, order, determination or industrial agreement for adult females;

(c) the expression ‘rate-for-age rate of remuneration’ means a rate of remuneration so prescribed for junior females which increases by increments in accordance with their age;

(d) the expression ‘experience rate of remuneration’ means a rate of remuneration so prescribed for females which increases by increments in accordance with length of experience in an occupation; and

(e) the expression ‘corresponding minimum male rate’ in relation to any female in any locality means the lowest rate of remuneration prescribed, from time to time, for an adult male working, in that locality, the normal weekly hours, by the award, order, determination or industrial agreement by or in relation to which (apart from this regulation) the rate of remuneration of that female is determined.”.

Effect of determinations on awards, &c.

2. Regulation 10 of the National Security (Female Minimum Rates) Regulations is amended—

(a) by inserting in sub-regulation (3.) after the word “whom” the words “regulation 4a of these Regulations or”; and

(b) by omitting from that sub-regulation the words “that determination” and inserting in their stead the words “that regulation or the minimum rate prescribed by that determination (whichever is the greater)”.

Application of Part V. National Security (Economic Organisation) Regulations.

3. Regulation 13 of the National Security (Female Minimum Rates) Regulations is amended—

(a) by inserting after the words “by virtue of” the words “regulation 4a of these Regulations or of”; and

(b) by inserting, after the word “which”, the words “that regulation or”.

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