STATUTORY RULES.
1945. No. 203.
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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this twentieth day of December, 1945.
HENRY
Governor-General.
By His Royal Highness’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.†
Effect of regulation 4A or of determinations on awards, &c.
1. Regulation 10 of the National Security (Female Minimum Rates) Regulations is amended—
(a) by inserting after sub-regulation (1.) the following sub-regulation:—
“(1a.) Subject to these Regulations, upon the specification by the Minister by notice published in the Gazette of any vital industry or part of a vital industry, or any occupation within a vital industry, in pursuance of paragraph (a) of sub-regulation (2.) of regulation 4a of these Regulations, any award, order, determination or industrial agreement affected by that regulation shall, during the period in respect of which that regulation is in force, be read and construed as if it prescribed the rate of remuneration payable by virtue of that regulation.”;
(b) by omitting from sub-regulation (2.) the words “the award, order, determination or industrial agreement” (first occurring) and inserting in their stead the words “any award, order, determination or industrial agreement referred to in sub-regulation (1.) or sub-regulation (1a.) of this regulation; and
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* Notified in the Commonwealth Gazette on 20th December, 1945.
† Statutory Rules 1944, No. 108, as amended by Statutory Rules 1945, No. 130.
7394.—Price 3d.
(f) by omitting from that sub-regulation the words “the determination” and inserting in their stead the words “regulation 4a of these Regulations or any determination which is in force by virtue of regulation 9 of these Regulations) as the case may be.”
2. The National Security (Female Minimum Rates) Regulations are amended by adding at the end thereof the following regulation:—
Recovery of payments.
“14. An employee who is entitled to any payment under these Regulations may sue for and recover in any court of competent jurisdiction, any payment to which she is so entitled.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The National Security (Female Minimum Rates) Regulations 1945 were enacted under the authority of the National Security Act 1939-1943 to address the need for ensuring fair remuneration for women employed in vital industries during a time of national emergency. These regulations were made by the Governor-General in Council, acting on the advice of the Minister of State for Defence, and published in the Commonwealth Gazette on 20th December, 1945. The policy objective was to protect and compensate women in essential roles by amending existing awards, orders, and agreements to reflect the mandated minimum rates of pay in vital sectors, as well as to provide a legal recourse for employees to recover any payments owed to them under these regulations.
Scope and Application
The Regulations under the National Security Act 1939-1943 apply to any award, order, determination, or industrial agreement that is affected by the regulation, specifically concerning the remuneration of female workers in vital industries. These Regulations are applicable to the Commonwealth jurisdiction and are intended to ensure that any specified vital industry or occupation within a vital industry adheres to the prescribed rates of remuneration. The Minister has the authority to specify any vital industry or part of a vital industry, or any occupation within a vital industry, by notice in the Gazette, and upon such specification, the affected awards, orders, determinations, or industrial agreements will be read and construed as if they prescribe the specified rate of remuneration during the period the regulation is in force. The Regulations also provide for the recovery of payments by entitled employees in any court of competent jurisdiction. The Regulations may be extended or restricted through subordinate instruments, such as notices published in the Gazette by the Minister.
Key Provisions
The main operative sections of these Regulations, made under the National Security Act 1939-1943, pertain to the amendment of the National Security (Female Minimum Rates) Regulations. Regulation 10 is amended to introduce sub-regulation (1a), which provides that any award, order, determination, or industrial agreement affected by regulation 4A of these Regulations must, during the period in which that regulation is in force, be read and construed as if it prescribed the rate of remuneration payable by virtue of that regulation, upon the specification by the Minister of any vital industry or part of a vital industry, or any occupation within a vital industry (reg. 1(a)). Furthermore, sub-regulation (2) is amended to clarify the types of awards, orders, determinations, or industrial agreements to which these Regulations apply (reg. 1(b)). Additionally, a new regulation, regulation 14, is added to these Regulations, allowing an employee entitled to any payment under these Regulations to sue for and recover any such payment in any court of competent jurisdiction (reg. 2).
These Regulations impose certain obligations and requirements on the parties and entities they govern. Firstly, they require that any award, order, determination, or industrial agreement affected by regulation 4A must be interpreted as prescribing the specified rate of remuneration for employees in vital industries or occupations, as specified by the Minister. This is to ensure that such employees receive the remuneration rates set out in the Regulations during the period they are in force (reg. 1(a)). Secondly, the Regulations clarify the scope of awards, orders, determinations, or industrial agreements to which these Regulations apply (reg. 1(b)). Lastly, they provide a legal mechanism for employees to seek recovery of any payments to which they are entitled under these Regulations (reg. 2).
The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, it can be inferred that failure to comply with the remuneration rates set out in these Regulations, or to provide the required payments to employees, may result in legal action being taken by affected employees in the courts. The potential consequences of such legal action could include the requirement for employers to pay back payments to employees, along with any applicable interest or costs incurred by the employees during the course of the legal proceedings (reg. 14).