STATUTORY RULES.
1945. No. 60.
REGULATION 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 twenty-sixth day of April, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Industrial Peace) Regulations.†
After regulation 9c of the National Security (Industrial Peace) Regulations the following regulation is inserted:—
Wages and conditions in the pastoral industry or agricultural industry.
“9d. The Minister may refer to the Court any matter of the rates of wages to be paid to, or conditions of employment to be observed in respect of, persons employed on manual work in or in relation to the pastoral industry or the agricultural industry (including fruit and vegetable growing, bee-farming, poultry-farming and any kindred industry) whose rates of wages and conditions of employment are not regulated by any law of the Commonwealth or of a State or Territory of the Commonwealth, or by any industrial award, order, determination, decision or agreement, and, notwithstanding that an industrial dispute affecting the matter does not exist, the Court shall proceed to hear and determine the matter in like manner as if it were an industrial dispute.”.
* Notified in the Commonwealth Gazette on 27th April, 1945.
† Statutory Rules 1940, No. 290, as amended by Statutory Rules 1941, Nos. 26, 49, 271 and 300; 1942, Nos. 143 and 395; 1943, Nos. 40 and 156; and 1944, No. 191.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2087.—Price 3d.
Overview
The Statutory Rules 1945 No. 60, made under the National Security Act 1939-1943, were introduced to address gaps in wage regulation within the pastoral and agricultural industries during the Second World War. The regulation was enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of this regulation was to ensure that the rates of wages and conditions of employment for workers in these industries were regulated by the Court, even in the absence of an industrial dispute, thereby maintaining industrial peace and supporting national security efforts. This legislative instrument aimed to provide a mechanism for the Court to hear and determine wage and employment condition matters in these critical sectors, reflecting the broader national imperative to maintain stability and productivity during wartime.
Scope and Application
The National Security (Industrial Peace) Regulations, amended by Statutory Rules 1945 No. 60, extend the reach of the National Security Act 1939-1943 to encompass matters of wages and conditions in the pastoral and agricultural industries. This legislation applies to employees engaged in manual work within these sectors where their wages and employment conditions are not governed by any existing laws, industrial awards, or agreements at the Commonwealth, state, or territory level. Despite the absence of an industrial dispute, the Minister has the authority to refer these matters to the Court for determination, which will then proceed as if an industrial dispute were present. This regulation aims to ensure that employees in these critical industries receive fair wages and conditions, thereby maintaining industrial peace and stability during a period of national security concerns. The geographic scope of this regulation is nationwide, applying across all states and territories of Australia, and it does not specify any exclusions or thresholds within the provided text.
Key Provisions
The new regulation (9d) under the National Security (Industrial Peace) Regulations, introduced by this statutory rule, provides that the Minister for Defence may refer any matter regarding the rates of wages or conditions of employment for manual workers in the pastoral and agricultural industries to the Court (section 9d). This referral can occur even if there is no industrial dispute present, and the Court is mandated to hear and determine the matter as if it were an industrial dispute. The regulation applies to workers whose wages and employment conditions are not regulated by Commonwealth or State/Territory laws or by any industrial awards, orders, determinations, decisions, or agreements. This provision is designed to ensure that workers in these industries receive fair wages and conditions, especially during times when such protections might otherwise be lacking due to the absence of specific industrial regulations.
The obligations imposed by this regulation primarily rest with the Minister for Defence, who has the authority to refer matters to the Court for adjudication. Once a matter is referred, the Court is obligated to hear it as if it were an industrial dispute, ensuring that the workers' rights and conditions are addressed in a formal and structured manner. This requirement extends to ensuring that the Court's proceedings and decisions are conducted with due regard to the principles of fairness and equity, as would be the case in any industrial dispute.
For breaches of the provisions under this regulation, specific offences or penalties are not explicitly stated in the text. However, any failure to comply with the Court’s determinations could potentially lead to civil or criminal consequences, depending on the nature and severity of the breach. The regulation implies that adherence to the Court's decisions is mandatory, and non-compliance could result in legal action. While the statutory rule does not detail maximum penalties, the seriousness of the matter being referred to the Court suggests that penalties could be significant, especially if the non-compliance impacts the welfare of workers in critical industries.