STATUTORY RULES.
1943. No. 269.
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 first day of November, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—
Payment for work on 2nd November, 1943.
“115.—(1.) Where an employee in the State of Victoria is entitled under any law of the Commonwealth or of the State or under any industrial award, order, determination or agreement to additional payment for working on the holiday known as Cup Day or Melbourne Cup Day, his employer shall pay to him, in respect of work performed on the second day of November, 1943, the additional payment to which the employee would have been entitled if that day had been a holiday and, if the employee receives such additional payment for working on that day, he shall not be entitled to additional payment for work performed on the day which, under any such law, award, order, determination or agreement, is the holiday known as Cup Day or Melbourne Cup Day.
“(2.) For the purposes of this regulation, ‘employee’ has the same meaning as in regulation 4 of the National Security (Holidays and Annual Leave) Regulations.”.
* Notified in the Commonwealth Gazette on 1st November, 1948.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1943 No. 256, and see also Statutory Rules 1943, Nos. 267 and 268.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6607.—Price 3d.
Overview
The Statutory Rules 1943 No. 269, enacted by the Governor-General in Council under the authority of the National Security Act 1939-1943, addresses the issue of additional payments for employees working on public holidays, specifically Cup Day or Melbourne Cup Day, in light of the Second World War. This legislative instrument aims to ensure that employees who are entitled to extra compensation for working on these holidays receive appropriate remuneration for their work on the designated date of 2nd November 1943, while preventing double compensation for the same work on the actual Cup Day. The regulation was introduced to provide clarity and fairness in employee payments during a period of national emergency, thereby maintaining public order and morale.
The policy objective of this regulation, as with the overarching National Security Act, is to support national security efforts by ensuring economic stability and equitable treatment of workers. The enactment body, the Governor-General in Council, underscores the legislative authority required to address urgent wartime needs swiftly and effectively.
Scope and Application
The Statutory Rules of 1943, No. 269, made under the National Security Act 1939-1943, specifically amend the National Security (Supplementary) Regulations to address payment for work on the second day of November, 1943, in the State of Victoria. This regulation applies to employees who, under Commonwealth or State law, industrial awards, orders, determinations, or agreements, are entitled to additional payment for working on the holiday known as Cup Day or Melbourne Cup Day. Employers of such employees are required to pay the additional payment for work performed on 2nd November, 1943, as if it were a holiday, and employees are precluded from receiving additional payment for work on the actual holiday. This regulation is narrowly focused on ensuring fair compensation practices during a specific period in Victoria, reflecting the legislative intent to balance employee entitlements with the exigencies of national security considerations during wartime. The regulation does not extend beyond this specific scenario and is limited in its geographic application to the State of Victoria.
Key Provisions
The main operative sections of this statutory instrument concern the payment of additional compensation to employees working on the second day of November 1943, specifically in the State of Victoria, due to the holiday known as Cup Day or Melbourne Cup Day (section 115). This regulation stipulates that if an employee is entitled to extra payment for working on this holiday under any Commonwealth or State law, industrial award, order, determination or agreement, their employer must compensate them for work performed on the second day of November 1943 as if it were a holiday. Furthermore, if the employee receives such additional payment for working on that day, they are not entitled to the same payment for working on the actual holiday known as Cup Day or Melbourne Cup Day.
The obligations imposed by this Act primarily concern employers in the State of Victoria who must ensure they compensate their employees appropriately if they are working on the second day of November 1943. Employers must adhere to the existing laws, awards, orders, determinations, or agreements that entitle employees to additional payments for working on holidays, and apply these to the compensation for work done on the second day of November 1943. Additionally, employers must ensure that if they have already paid the additional compensation for work on the second day of November 1943, they do not pay the same amount for work on the actual Cup Day or Melbourne Cup Day.
There are no explicit offences, penalties, or civil or criminal consequences outlined in this statutory instrument for breach of its provisions. However, failure to comply with the Act could potentially result in legal disputes or claims from employees who were not compensated as required by the legislation. The consequences of such breaches would depend on the specific circumstances and the applicable laws, awards, orders, determinations, or agreements in place at the time.