STATUTORY RULES.
1944. No. 108.
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 nineteenth day of July, 1944.
GOWRIE
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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National Security (Female Minimum Rates) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Female Minimum Rates) Regulations.
Administration.
2. These Regulations shall be administered by the Minister of State for Labour and National Service.
Objects.
3. The objects of these Regulations are, for the purposes of the defence of the Commonwealth and the more effectual prosecution of the war, to facilitate the effective transfer of females from the work in which they are ordinarily engaged to work which may, from time to time, be more necessary during the war, by reducing disparities in the minimum rates of pay for females under existing awards, orders, determinations or industrial agreements.
Definitions.
4. In these Regulations, unless the contrary intention appears—
“award, order or determination” means award, order or determination of an industrial authority, but does not include a decision of the Women’s Employment Board;
“industrial authority” has the same meaning as in the National Security (Economic Organization) Regulations;
* Notified in Commonwealth Gazette on 19th July. 1944.
4548.—Price 3d.
“the Court” means the Commonwealth Court of Conciliation and Arbitration constituted of the Chief Judge and at least two other Judges;
“vital industry” means any industry which is declared by the Governor-General, by order, to be vitally necessary.
Reference to Court.
5. The Minister may, in respect of any vital industry or part of a vital industry or occupation within a vital industry, refer to the Court for inquiry and determination—
(a) the question as to whether under awards, orders, determinations and industrial agreements in force at the date of the reference the minimum rates of pay for females employed in the industry, part or occupation are unreasonably low in comparison with the minimum rates of pay for females employed in other industries or parts thereof which are vitally necessary during the war; and
(b) if so, the question as to whether it is in the national interest, and fair and just, to increase the minimum rates of pay so determined to be unreasonably low; and
(c) if so, the question as to what minimum rate or rates of pay for females shall be paid in the industry, part or occupation, or what amount or amounts shall be paid in addition to the rates prescribed by the awards, orders, determinations or industrial agreements in force at the date of the determination; and
(d) the question as to the period (not extending beyond six months after the termination of the present war) in respect of which the rate or rates or amount or amounts shall be paid.
Function of Court.
6. The Court shall, upon receipt of a reference from the Minister in pursuance of the last preceding regulation, proceed to inquire into and determine the questions specified in the reference and for that purpose shall have, in relation to the inquiry and determination, all powers which by the Commonwealth Conciliation and Arbitration Act 1904-1934 and the National Security (Industrial Peace) Regulations are expressed to be given to the Commonwealth Court of Conciliation and Arbitration and the Chief Judge of that Court, as regards an industrial dispute of which that Court has cognizance, and that Act and those Regulations shall apply in relation to the exercise of those powers by virtue of these Regulations.
Appearances.
7. Upon the hearing of any such reference, the Attorney-General, on behalf of the Commonwealth or of any Minister, and such employers or organizations of employers or employees as are granted leave by the Court so to do, may, in person or by counsel, solicitor or agent, appear and examine witnesses and address the Court.
Certain matters not to affect determinations of Court.
8. In making its inquiry and determination on any such reference the Court shall not—
(a) be bound by any of the provisions of Part V. of the National Security (Economic Organization) Regulations;
(b) have regard to any submission that it is necessary to offer a differential monetary inducement or attraction to promote the recruitment of female labour for vital industries; or
(c) express its determination so as to increase the rate of remuneration in respect of any female employment for which the basic rate, together with any margin or other allowance, payable immediately prior to the date of the determination, is equal to or exceeds the total amount payable as the minimum rate under the determination.
Effect of determination.
9. Where the Court makes a determination under these Regulations, it shall thereupon come into force and the rate or rates or additional amount or amounts so determined in respect of females employed in any industry or part of an industry or occupation within an industry shall, notwithstanding anything contained in any law of the Commonwealth or of a State or Territory of the Commonwealth or in any award, order, determination or industrial agreement, be paid by employers, in accordance with the determination, as the minimum rate or rates, or as part thereof, as the case may be, in respect of females employed by them in the industry, part or occupation:
Provided that nothing in these Regulations shall authorize the payment, in respect of any female so employed of a rate of remuneration lower than the rate payable immediately prior to the date of the determination.
Effect of determination on awards, &c.
10.—(1.) Subject to these Regulations, upon the coming into force of a determination by virtue of the last preceding regulation, any award, order, determination or industrial agreement affected thereby shall, during the period in respect of which the determination is in operation, be read and construed as if it prescribed the payment of the minimum rate or rates or additional amount or amounts specified in the determination.
(2.) Any organization affected by the award, order, determination or industrial agreement may apply to the industrial authority which made the award, order or determination or to the authority having power to vary or approve of the variation of the industrial agreement or, if there is no such authority, to the Commonwealth Court of Conciliation and Arbitration, to make any variation of the award, order, determination or industrial agreement which may appear necessary to give appropriate effect to the determination.
(3.) Nothing in these Regulations or in any determination made thereunder shall authorize the alteration of any rates of remuneration under a piece-work or other system of payment by results, but any female in relation to whom any determination made under these Regulations is applicable and who is paid under such a system, shall be entitled to receive not less than the minimum rate prescribed by that determination in respect of the work on which she is employed.
Extension of operation of determination.
11. The Court may, within a period of sixty days before the expiration of the period in respect of which any determination made under these Regulations is in operation, either of its own motion or on
reference by the Minister, extend for such period as it thinks fit, not extending beyond six months after the termination of the present war, the period for which the determination is in operation.
Determination not to create anomaly.
12. Nothing determined by the Court under, and nothing effected by, these Regulations shall be deemed to give rise to an anomaly under Part V. of the National Security (Economic Organization) Regulations with respect to the rates of remuneration payable to males or females in respect of any employment.
Application of Part V. of National Security (Economic Organization) Regulations.
13. Notwithstanding anything contained in Part V. of the National Security (Economic Organization) Regulations, where by virtue of any determination made under these Regulations, any rate of remuneration in respect of females is altered, that altered rate of remuneration may be paid by an employer to any such females employed by him and may be accepted by those females, but otherwise those Regulations shall continue in full force and effect with respect to any employment to which the determination applies.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.