STATUTORY RULES.
1946. No. 49.
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 Regulation under the National Security Act 1939-1943.
Dated this sixth day of March, 1946.
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.†
1. Regulation 4a of the National Security (Female Minimum Rates) Regulations is amended—
Remuneration of females to be not less than 75 per centum of corresponding male.
(a) by inserting in sub-regulation (1.), after the words “commencement of this regulation” (first occurring), the words “or the date on which the vital industry, part of a vital industry or occupation within a vital industry, is specified under sub-regulation (2.) of this regulation, whichever is the later.”;
(b) by inserting in paragraph (e) of sub-regulation (2.), after the words “by the”, the words “law or the”; and
(c) by adding at the end thereof the following sub-regulation:—
“(3.) The rate of remuneration payable by virtue of sub-regulation (1.) of this regulation in respect of the normal weekly hours worked by any female shall also be the rate of remuneration for the purpose of ascertaining the rates of payment for overtime and for work done on Sundays and holidays prescribed from time to time
* Notified in the Commonwealth Gaette on 7th March 1946.
† Statutory Rules 1944, No. 108, as amended by Statutory Rules 1945, Nos. 139 and 203.
1191.—Price 3d.
by or under the law or 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 regulation 4a or of determination on awards, &c.
2. Regulation 10 of the National Security (Female Minimum Rates) Regulations is amended by omitting from sub-regulation (1a.) the word “those” and inserting in its stead the word “these”.
________________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1946 No. 49, Regulations under the National Security Act 1939-1943, were enacted to amend the National Security (Female Minimum Rates) Regulations, addressing the need for equitable remuneration for females working in vital industries during times of national security. These Regulations were introduced by the Governor-General in Council, acting on the advice of the Federal Executive Council, to ensure that female workers receive not less than 75 per cent of the corresponding male remuneration in vital industries. The policy objective of these amendments is to maintain fair wages and provide economic stability for female workers in industries critical to national security efforts.
Scope and Application
The regulation applies to females employed in vital industries or occupations within such industries, as specified under the National Security Act 1939-1943. The regulation mandates that the remuneration for these females must not be less than 75 per cent of the corresponding rate paid to males in the same or similar work. This applies from the commencement of the regulation or the date when the vital industry, part of a vital industry, or occupation within a vital industry is specified under the regulation, whichever is later. The regulation also affects the calculation of overtime and holiday pay rates for these females, setting their rates according to the same minimum threshold. The regulation's scope is national, applying throughout the Commonwealth of Australia. Subordinate instruments may further specify which industries or occupations are considered vital, thereby extending or restricting the application of these remuneration rates.
Key Provisions
The Regulations under the National Security Act 1939-1943, specifically amending the National Security (Female Minimum Rates) Regulations, introduce important provisions regarding the remuneration of female employees in vital industries. Regulation 4a modifies the sub-regulation (1) to ensure that female workers receive remuneration that is at least 75% of what their male counterparts earn in corresponding roles. This adjustment applies from either the commencement of the regulation or the later date when the vital industry, part of a vital industry, or an occupation within a vital industry is specified under the new sub-regulation (2). Furthermore, sub-regulation (3) stipulates that the rate of remuneration determined under sub-regulation (1) should also be used for calculating overtime and Sunday or holiday work payments, as prescribed by law or industrial agreements.
The Regulations impose several obligations on employers and industries governed by these provisions. Employers within vital industries must ensure compliance with the amended remuneration rates, making necessary adjustments to their payroll systems to reflect the new minimum rates for female employees. Additionally, these industries must adhere to the specific timing mentioned in the regulations, ensuring that the adjusted remuneration rates are implemented from the specified dates or upon the designation of the industry as vital. The Regulations also necessitate that these remuneration rates be applied uniformly for overtime and special work conditions, ensuring consistency and fairness in employee compensation.
Breaches of these Regulations can result in various legal consequences. Employers who fail to comply with the stipulated remuneration rates for female employees may face penalties as prescribed under the National Security Act 1939-1943. While the specific penalties are not detailed within the Regulations, the overarching Act typically includes provisions for fines and other sanctions for non-compliance with national security regulations. Additionally, employees who are underpaid in violation of these regulations may seek redress through the Fair Work Commission or other relevant industrial bodies, potentially leading to back pay claims and other civil remedies.