STATUTORY RULES.
1945. No. 75.
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-third day of May, 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 (Shipwrights’ Trade Dilution) Regulations,†
Wages of added shipwrights.
Regulation 13 of the National Security (Shipwrights’ Trade Dilution) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—
“(2.) Every employer shall pay any shipwright apprentice serving him in the fifth year of service, wages at the rate so prescribed for a shipwright, both for ordinary hours and for overtime, except during such periods as the apprentice is absent from his place of employment for the purpose of undergoing instruction at any technical or similar school.”.
* Notified in the Commonwealth Gazette on 24th May, 1945.
† Statutory Rules 1941, No. 281.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2057.—Price 3d.
Overview
The Statutory Rules 1945, No. 75, represents a regulation made under the National Security Act 1939–1943 by the Governor-General in Council. This regulation was enacted to amend the National Security (Shipwrights' Trade Dilution) Regulations, specifically addressing the wages of shipwright apprentices during World War II. The regulation aims to ensure fair compensation for shipwright apprentices in their fifth year of service, aligning their wages with those of full shipwrights, both for regular and overtime hours, while accommodating necessary absences for educational purposes.
This legislative instrument was created to respond to the urgent needs of the wartime economy, ensuring that skilled labour was adequately compensated to maintain productivity and morale in critical industries. The policy objective was to provide clear wage standards for apprentices, thereby supporting the national security efforts by maintaining a skilled workforce. The regulation was enacted by the Governor-General in accordance with the authority vested in him by the Federal Executive Council, reflecting the urgency and significance of the wartime measures.
Scope and Application
The Statutory Rules 1945 No. 75, made under the National Security Act 1939–1943, specifically amend the National Security (Shipwrights’ Trade Dilution) Regulations to adjust the wages of shipwright apprentices. This legislative instrument applies to employers in the shipwrighting industry, particularly those employing apprentices in the fifth year of their training. The regulation is concerned with setting the wages for these apprentices during both ordinary working hours and overtime, with specific allowances made for periods when apprentices are absent for educational purposes at technical or similar schools. The amendment aims to address the remuneration of skilled labour in a manner that aligns with national security priorities during a period of significant wartime activity. The geographic scope of this regulation is limited to the Commonwealth of Australia, reflecting its application across federal jurisdictions. The regulation does not explicitly state any exclusions or thresholds, but its application is inherently restricted to the defined industry and employment context specified. The regulation may be subject to further interpretation or application through subordinate instruments, though this specific statutory rule focuses on the amendment of wages within the given scope.
Key Provisions
The principal operative section of these regulations pertains to the amendment of the National Security (Shipwrights’ Trade Dilution) Regulations (section 1). Specifically, Regulation 13, sub-regulation (2) is amended to address the wages of shipwright apprentices during their fifth year of service. According to this amendment, employers must now pay shipwright apprentices serving in their fifth year wages at the rate prescribed for a shipwright, both for ordinary hours and overtime, unless the apprentice is absent from their place of employment to undergo instruction at a technical or similar school (Regulation 13(2)).
These regulations impose obligations on employers of shipwright apprentices. Employers are now required to ensure that any shipwright apprentice in their fifth year of service is paid wages at the rate set for a shipwright, for both ordinary hours and overtime, unless the apprentice is absent for the purpose of receiving vocational training. This amendment seeks to standardise the remuneration of shipwright apprentices during their final year of service, aligning it with the rates for fully qualified shipwrights.
There are no explicit provisions in these regulations detailing offences, penalties, or consequences for breach. However, the National Security Act 1939–1943, under which these regulations are made, generally provides for enforcement mechanisms and penalties for non-compliance with regulations. Typically, breaches of regulations made under the Act may result in civil or criminal penalties, depending on the nature and severity of the breach. It is advisable for employers to comply with the stipulated wage rates to avoid any potential enforcement actions or legal consequences.