STATUTORY RULES.
1943. No. 40.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1940.*
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 1939–1940.
Dated this nineteenth day of February, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. WARD
for and on behalf of the Minister of
State for Defence.
Amendment of the National Security (Industrial Peace) Regulations.†
After regulation 9a of the National Security (Industrial Peace) Regulations the following regulation is inserted:—
Reference of matters in relation to Dairying Industry.
“9b.—(1.) The Minister may refer to the Court any matter of the rates of wages to be paid to persons employed in the Dairying Industry or any part of the Dairying Industry, 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.
“(2.) In hearing and determining the matter the Court shall take into consideration—
(a) the rates of wages paid in the Dairying Industry or in the part of the Dairying Industry in relation to which the matter is referred;
(b) the living conditions to which employees in the Dairying Industry or part of the Dairying Industry are subject; and
(c) the rates of wages paid and the conditions to which employees are subject in other industries or parts of industries of a similar nature to the Dairying Industry or part of the Dairying Industry in relation to which the matter is referred.”.
* Notified in the Commonwealth Gazette on 19th February, 1943.
† Statutory Rules 1940, No. 290, as amended by Statutory Rules 1941, Nos. 26, 49, 271 and 300; and Statutory Rules 1942, Nos. 143 and 395.
1129.—Price 3d.
Overview
The Statutory Rules 1943 No. 40, made under the National Security Act 1939–1940, was introduced to address a specific issue within the industrial relations landscape during a period of national security concern. Enacted by the Governor-General in Council, this regulation aimed to ensure stability and fairness in the wages and conditions of employees within the dairying industry, even in the absence of an industrial dispute. The policy objective was to maintain industrial peace and fairness by allowing the Minister to refer wage-related matters to the Court, which would then make determinations considering the relevant factors such as existing wage rates, living conditions, and comparative industry standards. This legislative instrument thus plays a crucial role in the broader framework of industrial regulation, aiming to safeguard economic stability and social welfare during times of national crisis.
The regulation was published in the Commonwealth Gazette on 19th February 1943 and amends the National Security (Industrial Peace) Regulations, inserting a new regulation 9b to specifically address wage rates in the dairying industry. This amendment ensures that the Court can intervene in wage determinations, providing a mechanism for equitable outcomes in a critical sector, thereby reflecting the government's commitment to protecting the welfare of its workforce amidst broader national security imperatives.
Scope and Application
This statutory regulation, made under the National Security Act 1939–1940, is specifically directed towards the industrial peace within the dairying industry in Australia. It applies to persons employed in the dairying sector and allows the Minister to refer matters concerning wage rates to the Court, regardless of the existence of an industrial dispute. The regulation mandates that the Court must hear and determine these matters as if they were industrial disputes, taking into consideration the wages and living conditions of employees in the dairying industry, as well as comparing them with those in similar industries. The scope of this regulation extends across the Commonwealth of Australia, ensuring a uniform approach to wage regulation in the dairying industry, and it does not exclude any part of this industry from its purview. There are no stated exemptions or thresholds within the text of this regulation, and any further application or interpretation is left to subordinate instruments or subsequent amendments.
Key Provisions
The main operative section of this regulation (section 9b) allows the Minister to refer any matter concerning the rates of wages in the dairying industry to the Court. This referral can occur even if there is no existing industrial dispute. The Court is required to hear and decide the matter in the same way it would if it were an industrial dispute. When considering the matter, the Court must take into account the current wages in the dairying industry, the living conditions of the employees, and the wages and conditions in other similar industries (section 9b(2)(a), (b) and (c)).
The regulation imposes several obligations on the parties involved. Firstly, it mandates the Minister to refer matters concerning dairy industry wages to the Court (section 9b(1)). Secondly, the Court must hear and determine these matters as if they were industrial disputes, taking into account the specified factors (section 9b(2)). The dairying industry and its employees also implicitly bear the obligation to cooperate with the Court’s proceedings and decisions.
The regulation does not explicitly detail specific offences, penalties, or consequences for breaches. However, non-compliance with the Court’s decisions or failure to adhere to the regulatory requirements could potentially lead to legal consequences under the broader legislative framework of the National Security Act 1939–1940 or related industrial relations laws. These could include enforcement actions or civil penalties as prescribed by the relevant legislation.