STATUTORY RULES.
1941. No. 252.
REGULATIONS 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 Regulations under the National Security Act 1939-1940.
Dated this twenty-ninth day of October , 1941.
Governor-General.
By His Excellency’s Command,
for Minister of State for Defence Co-ordination.
National Security (Metal Moulding Trades) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Metal Moulding Trades) 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 to give effect to the principles (set out in the Schedule to these Regulations) which, after discussion by representatives of the Commonwealth with representatives of the Federated Moulders (Metal) Union of Australia and of certain organizations of employers, were agreed to on the 2nd June, 1941, to meet the exceptional circumstances arising in the metal moulding trades out of the present war, and these Regulations shall be administered accordingly.
Definitions.
4.—(1.) In these Regulations, unless the contrary intention appears—
“added machine moulder” means a person (not being a recognized machine moulder) whose engagement or elevation to perform work ordinarily performed by a recognized machine moulder is authorized by a Local Committee and includes a person who by these Regulations is deemed to be an added machine moulder;
* Notified in the Commonwealth Gazette on , 1941.
6290.—20/8.10.1941.—Price 5d.
“Committee” means a committee established under these Regulations;
“employer” means any person employing persons in metal moulding operations and includes the Crown (whether in right of the Commonwealth or of a State), and all instrumentalities and authorities of, or under, the Crown (whether in right of the Commonwealth or of a State), when employing persons in such operations;
“Local Committee” means a Local (Metal Moulding Trades) Committee established under these Regulations;
“Register” means a Register established and maintained in pursuance of these Regulations;
“the Central Committee” means the Central (Metal Moulding Trades) Committee established under these Regulations;
“recognized machine moulder” means a person who, immediately prior to the first day of July, 1941, was employed as a plate moulder, machine moulder, machine core-maker, plate and machine moulder or machine moulder and core-maker;
“the Department” means the Department of Labour and National Service;
“the Minister” means the Minister of State for Labour and National Service.
Application of Regulations.
(2.) For the purposes of these Regulations, the Australian Capital Territory shall be deemed to be part of the State of New South Wales.
5. These Regulations shall apply to such States and to such metal moulding trades as are specified by the Minister by notice published in the Gazette.
Certain tradesmen and apprentices not to be appointed to or enlisted in the Defence Force.
6. A jobbing moulder, jobbing core-maker, jobbing moulder and core-maker, a recognized or added machine moulder, or an apprentice to any of the trades to which these Regulations apply, or any other person certified by or on behalf of the Man Power Priorities Board as an essential foundry worker, shall not be appointed to or enlisted in the Defence Force of the Commonwealth unless it is intended that his trade skill is to be fully utilized in that Force, and if appointed to or enlisted in that Force and his trade skill is not being fully utilized therein, he shall be released from that Force.
Central Committee.
7.—(1.) There shall be a Central (Metal Moulding Trades) Committee consisting of—
(a) a representative of the Minister who shall be the Chairman of the Committee;
(b) two representatives of employers; and
(c) two representatives of the Federated Moulders (Metal) Union of Australia.
(2.) The members of the Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister.
(3.) There shall be a Secretary to the Committee who shall be appointed by the Minister and shall attend all meetings of the Committee and take and maintain a record of all business transacted at such meetings.
(4.) The powers and functions of the Committee shall be as follows:—
(a) To determine and give directions on any matter referred to it by a Local Committee or the Chairman thereof;
(b) To direct and supervise Local Committees in the general procedure to be followed in the exercise of powers conferred on, or in the performance of the functions assigned to, those Committees by these Regulations;
(c) To advise the Minister as to the form of agreement to be signed by any person in accordance with the provisions of these Regulations;
(d) To advise the Minister as to the form of registers to be kept in accordance with these Regulations and the particulars to be entered therein;
(e) To advise the Minister in regard to the better utilization of the services of moulding trades workers and the organization of moulding operations in establishments where such workers are employed; and
(f) To advise the Minister generally in regard to any action considered necessary to give effect to these Regulations.
(5.) The Chairman of the Committee shall convene meetings of the Committee as and when required and, in any event, within seven days after the date of receipt by him of an application therefor signed by a member of the Committee.
(6.) Any decision of the Committee on any matter within its powers and functions shall be final.
(7.) In considering any matter referred to in paragraph (a) of sub-regulation (4.) of this regulation, the Committee may hear such evidence as it thinks fit.
(8.) The Central Committee may make rules, not inconsistent with these Regulations, in relation to the proceedings of that Committee or of any Local Committee.
Local Committees.
8.—(1.) There shall be a Local (Metal Moulding Trades) Committee in each State consisting of—
(a) a representative of the Minister who shall be the Chairman of the Committee;
(b) two representatives of employers; and
(c) two representatives of the Federated Moulders (Metal) Union of Australia:
Provided that where it appears to the Minister that in any State the interests of a substantial proportion of the tradesmen to whom these Regulations apply would not be represented by the representatives specified in paragraph (c) of this sub-regulation, the Committee in that State shall, as the Minister in the circumstances thinks fit, include—
(i) in lieu of one of the representatives so specified, such person as the Minister thinks fit; or
(ii) in lieu of the representatives so specified, two such persons as the Minister thinks fit.
(2.) The members of each Local Committee shall be appointed by the Minister and shall hold office during the pleasure of the Minister.
(3.) There shall be a Secretary to each Local Committee who shall be appointed by the Minister and shall attend all meetings of the Committee and take and maintain a record of all business transacted at such meetings.
(4.) A Local Committee shall have power to determine any matter arising under these Regulations in the State in which it is established and, without limiting the generality of the foregoing, the Committee shall have power in relation to that State—
(a) to determine whether any and what number of added machine moulders are to be allotted to any employer and whether that number is to be increased or decreased;
(b) to determine the added machine moulders whose names are to be removed from the Register in that State or who are to be suspended from employment;
(c) to advise the appropriate apprenticeship authority whether, in its opinion, employers taking apprentices to any of the moulding trades have the proper facilities for training such apprentices; and
(d) to inspect the facilities of industrial establishments carrying on metal moulding for training such apprentices.
(5.) The Chairman of a Local Committee may, and shall, upon the request of a member thereof, refer any matter within its powers and functions to the Central Committee for decision or direction.
Quorum of Committee.
9. Three members of a Committee shall constitute a quorum of that Committee.
Decision of questions before Committee.
10. All questions arising at any meeting of a Committee shall be decided by a majority of the votes of the members present at the meeting in person or by proxy.
Reference of matters by Committee for investigation and report.
11. A Committee may refer for investigation and report any matter within its powers and functions to such persons as it may appoint for that purpose.
Deputies of members of Committees.
12. Any member of a Committee may appoint a person to act as his deputy in the event of his absence from any meeting of the Committee from any cause, and the deputy shall, while so acting, have and exercise all the powers and functions of the member.
Engagement and elevation of added machine moulders.
13. If a Local Committee is satisfied that sufficient recognized machine moulders are not available in the State in which it is established to supply the demand therefor in that State, the Committee may—
(a) authorize the engagement or elevation of such number of suitable persons as it deems necessary to perform work ordinarily performed by a recognized machine moulder;
(b) arrange for the provision of suitable labour to take the place of any person so elevated.
14. Every employer shall pay to any added machine moulder employed by him -
(a) in the case of an adult - not less than the wage prescribed by the appropriate industrial award, agreement, determination or regulation for the work on which he is employed, or
(b) in the case of an employee under the age of twenty-one years - not less than the wage which would be payable to him in pursuance of the appropriate industrial award, agreement, determination or regulation if he were employed thereunder as an unapprenticed male junior.
Establishment and maintenance of Register.
15.—(1 .) The Department shall establish and maintain a Register in each State and shall record therein the following particulars relating to added machine moulders in that State :—
(a) Their names and addresses;
(b) Their ages;
(c) The class of work for the performance of which they have been elevated or engaged;
(d) The names and addresses of their employers;
(e) Particulars of their transfers, dismissals, or other changes of employment; and
(f) Such other particulars as the Central Committee or a Local Committee from time to time determines.
(2.) Members of a Local Committee shall have access to the Register and related documents in the State in which the Committee is established and shall be entitled to make copies thereof or take extracts therefrom.
(3.) The Department shall supply to the organizations of employers concerned, and the Federated Moulders (Metal) Trades Union of Australia—
(a) lists of applicants for engagement or elevation as added machine moulders;
(b) a schedule of applications by employers for allotment of added machine moulders approved by a Local Committee;
(c) particulars of all added machine moulders registered by the Department and all alterations thereof; and
(d) such other information as the Central Committee from time to time determines.
Conditions of engagement and elevation of added plate moulders, &c.
16.—(1.) An added machine moulder whose name is removed from a Register or who is suspended from employment in pursuance of these Regulations shall not accept or continue in employment as a plate moulder, machine moulder, machine core-maker, plate and machine moulder or machine moulder and core-maker while his name is so removed or he is so suspended, and an employer shall not engage or continue to employ any such person as a plate moulder, machine moulder, machine core-maker, plate and machine moulder or machine moulder and core-maker.
(2.) An employer shall not engage or elevate any person (not being a recognized machine moulder) to perform work ordinarily performed by a recognized machine moulder unless he has first established to the satisfaction of a Local Committee that his production is prejudiced or his work is retarded by a shortage of recognized machine moulders and has obtained permission from that Committee so to do.
(3.) Every employer who seeks permission to engage or elevate a person to be, or who is employing a person as, an added machine moulder shall—
(a) upon seeking such permission furnish a Local Committee with particulars in writing of the name and address and age of that person and the occupation in which he is to be employed;
(b) furnish that Committee with such other particulars relating to that person as it from time to time determines; and
(c) forthwith notify that Committee in writing of the transfer, dismissal or other change of employment of that person.
(4.) Every added machine moulder shall, within seven days after the change, notify the Local Committee in writing of any change of address or employment.
(5.) Every employer shall, within thirty days after the commencement of these Regulations, furnish a Local Committtee with particulars in writing of the names, addresses, ages and occupations of all persons (not being recognized machine moulders) who, after 1st July, 1941), were engaged or elevated by him to perform work ordinarily performed by a recognized machine moulder, and who, at the commencement of these Regulations, were employed by him to perform such work, and all such persons shall be deemed to be added machine moulders within the meaning of these Regulations.
Added machine moulders not to be engaged if recognized men available.
17.—(1.) To the intent that all recognized machine moulders available and offering for employment who are competent to perform the work required shall be employed before any added machine moulder is engaged or elevated, an employer shall not engage or elevate or continue to employ an added machine moulder on work ordinarily performed by a recognized machine moulder if a recognized machine moulder of the same classification who is competent to perform the work required is available and offering for such employment.
(2.) When an employer reduces the number of his employees, he shall not, without the consent of a Local Committee, dismiss a recognized machine moulder while any added machine moulder of the same classification is employed by him in the same establishment.
(3.) A recognized machine moulder shall not be debarred from employment by reason only of his age or because he is suffering from a minor disability, if a Local Committee certifies that he is competent to perform the work required.
(4.) The last preceding sub-regulation shall not apply in relation to any undertaking or establishment in respect of which a pension scheme for its employees is in force unless a Local Committee directs that it shall so apply.
(5.) Every person employed as an added machine moulder shall, within seven days after being required by a Local Committee so to do, enter into an agreement with the Commonwealth to abandon his employment as an added machine moulder if and when a recognized machine moulder of the same classification who is declared by a Local Committee to be competent to perform the work required, is available and offering for such employment.
Agreements on behalf of Commonwealth.
18. An agreement under these Regulations may be entered into for and on behalf of the Commonwealth by the Minister or by a person thereto authorized by the Minister.
Saving of rights under Awards, &c.
19. Except as otherwise provided in these Regulations, nothing in these Regulations shall be construed as depriving any employer or employee of any rights under any industrial award, agreement or determination.
THE SCHEDULE.
It was agreed between the parties at the conference that—
1. Labouring work now performed by moulders shall be performed by assistants. This includes all measures designed to expedite work such as knocking out boxes, mixing sand, delivering tackle of all descriptions to tradesmen, directly assisting to fill in boxes under supervision of tradesmen on the job, and carrying out casting operations, but it does not include making beds for core irons, box parts or beds to be used for moulding purposes. Under this clause labourers are not to put cores in moulds, rub loam on, make joints, clamp boxes or to use moulders’ tools on any class of work.
2. Employers are to be urged to take their full proportion of apprentices in foundries where proper facilities for learning the trade are available.
3. Wherever practicable, jobbing moulders and/or core-makers now doing plate and/or machine moulding and/or core-making shall be elevated to jobbing work and an opportunity be given to plate aud/or machine moulders who were apprenticed to learn jobbing moulding in Victoria to work solely on jobbing work.
4. The parties should endeavour to have a more equitable distribution of Defence work amongst the States, thus avoiding a shortage of labour in one State and a surplus in another State.
5. The parties will endeavour to make foundry conditions safer for working by introducing safety schemes and by making employees comply strictly with Federal and State factory legislation and/or awards.
6. The parties will endeavour to get all foundry workers on the reserved list of occupations.
7. The parties will take steps to bring back into the industry, wherever possible, men who have retired from the industry or from Government service.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.