STATUTORY RULES.
1941. No. 271.
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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 twenty-second day of November, 1941.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence Co-ordination.
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Amendment of the National Security (Industrial Peace) Regulations.†
After regulation 6 of the National Security (Industrial Peace) Regulations the following regulation is inserted:—
Preference of employment in clothing trades.
“6a.—(1.) The provisions of paragraph (a) of sub-section (1.) of section 40 of the Act shall not be construed so as to limit the powers of the Court as regards any industrial dispute as to industrial matters in connexion with the employment of persons engaged or to be engaged in or in connexion with the manufacture of clothing.
(2.) Any provision in any award or order of the Court, made prior to the commencement of this regulation, relating to an industrial dispute as to industrial matters in connexion with the employment of persons engaged or to be engaged in or in connexion with the manufacture of clothing shall, as on and from the date of that commencement, be as valid and effectual as if this regulation had been in force when that provision was included in the award or order, or, if the award or order was made prior to the ninth day of September, One thousand nine hundred and thirty-nine, as if the provision had been included in the award or order on that date and this regulation had then been in force.
* Notified in the Commonwealth Gazette on 22nd November, 1941.
† Statutory Rules 1940, No. 290, as amended by Statutory Rules 1941, Nos. 26 and 49.
5709.—Price 3d.
(3.) For the purposes of this section the expression ‘manufacture of clothing’ means—
(a) the making, repairing or cleaning, in whole or in part, of wearing apparel (other than wearing apparel consisting wholly or substantially of leather or rubber, boots, shoes and slippers, and felt hats for male wear); and
(b) the making, in whole or in part, of articles for personal or household use from cotton, linen, wool or silk or any substitute of cotton, linen, wool or silk or any two or more of those materials,
but does not include the knitting of wearing apparel or the making of articles for furnishing.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1941, No. 271, is a legislative instrument enacted under the National Security Act 1939-1940, aimed at addressing issues surrounding industrial disputes in the manufacture of clothing during a period of national security concern. This regulation was made by the Governor-General in Council, on the advice of the Minister of State for Defence Co-ordination. The primary objective of this regulation was to ensure that the existing powers of the Court concerning industrial disputes could be effectively applied to matters related to the employment of persons in the clothing industry, without being constrained by the general provisions of the Act. It also aimed to validate any previous awards or orders concerning such disputes, ensuring continuity and legal certainty in the management of these industrial matters.
Scope and Application
The Regulation under the National Security Act 1939-1940, made pursuant to the authority granted to the Governor-General by the Act, specifically targets the industrial dispute resolution process in the context of employment within the clothing manufacturing industry. The regulation applies to all persons and entities involved in the manufacture of clothing, which includes the making, repairing, or cleaning of wearing apparel and articles for personal or household use from specified materials, excluding leather, rubber, boots, shoes, slippers, felt hats for male wear, knitting of wearing apparel, and furnishing materials. This regulation is designed to ensure that any existing or future awards or orders concerning employment in the clothing trades remain valid and enforceable, thereby providing clarity and continuity in the legal framework governing these industrial disputes. The regulation’s geographic reach is national, extending throughout the Commonwealth of Australia, and it does not include any explicit exclusions or thresholds, though it is subject to the broader provisions of the National Security Act 1939-1940 and any subordinate instruments that may further define its application.
Key Provisions
The main operative section of the regulation is section 6a, which amends the National Security (Industrial Peace) Regulations. Specifically, it addresses the employment of persons in the manufacture of clothing and ensures that the provisions of the Act do not limit the Court's powers concerning industrial disputes in this sector. The regulation clarifies that any award or order made by the Court before the commencement of this regulation remains valid and effective as if the regulation had been in force at the time of the award or order.
Under this regulation, any award or order made by the Court before the regulation's commencement concerning industrial disputes related to employment in the manufacture of clothing remains legally binding. This ensures continuity and enforceability of pre-existing industrial agreements in this specific trade. The regulation also defines "manufacture of clothing" to include the making, repairing, or cleaning of wearing apparel made from materials such as cotton, linen, wool, or silk, but excludes knitting of wearing apparel and the making of furnishings.
The regulation imposes certain obligations on the parties involved in industrial disputes within the clothing manufacturing sector. Employers and employees must adhere to the awards and orders made by the Court, even those made before the regulation's commencement. The regulation ensures that the Court retains its authority to intervene in disputes related to employment in the clothing trade, and that these interventions are legally enforceable. Additionally, the regulation requires that any disputes or agreements concerning the manufacture of clothing must comply with the defined scope of what constitutes "manufacture of clothing."
There are no explicit offences or penalties mentioned in this regulation for breaches of its provisions. However, any failure to comply with the awards or orders made by the Court in accordance with this regulation could potentially lead to legal consequences. For example, if an employer or employee disregards a valid award or order, they could face legal action for breach of the agreement, which might result in fines, injunctions, or other remedies as determined by the Court. The specific penalties for such breaches would depend on the nature and severity of the non-compliance, as well as the terms of the relevant award or order.