STATUTORY RULES.
1943. No. 290.
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 eighth day of December, 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:—
Additional payment in respect of Christmas Day and New Year’s Day.
“118.—(1.) Notwithstanding anything contained in any law, where an employee is entitled under any law to a holiday without deduction or loss of pay on Christmas Day or New Year’s Day or both, his employer shall, for Christmas Day 1943 or New Year’s Day 1944 or each of those days, as the case may be, pay to him, in respect of the pay period which includes the day for which payment is so to be made, whether or not the employee is required to work on that day—
(a) where the employee does not ordinarily work on a Saturday additional pay equivalent to the amount ordinarily payable to him for one full day’s work; or
(b) where the employee ordinarily works on a Saturday— additional pay equivalent to the difference between the amount ordinarily payable to him for one full day’s work and the amount so payable for work on a Saturday.
*Notified in the Commonwealth Gazette on 8th December, 1943.
†Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † Statutory Rules 1943, No 256 and see also Statutory Rules 1943, Nos. 267, 268, 269, 275, 279, 283, 288 and 289.
7462.—Price 3d.
“(2.) In any case where the employee is required to work on Christmas Day 1943 or New Year’s Day 1944 or both, the payment required by this regulation to be made shall be in addition to the additional payment or other compensation to which he is entitled under any other law in respect of any work performed by him on either or both of those days, as the case may be.
“(3.) Notwithstanding anything contained in the foregoing provisions of this regulation, where an employee is entitled to a holiday on any other day in lieu of Christmas Day 1943 or New Year’s Day 1944, or to compensation by reason of either or both of those days falling within a period of annual leave taken by him, the provisions of the last two preceding sub-regulations shall not, in respect of either of those days in lieu of which the employee is entitled to a holiday on another day or for which he is so entitled to compensation, apply in relation to that employee.
“(4.) For the purposes of this regulation—
‘employee’ has the same meaning as in regulation 4 of the National Security (Holidays and Annual Leave) Regulations;
‘law’ means law of the Commonwealth or of a State or Territory of the Commonwealth and includes industrial award, order, determination or agreement”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943 No. 290, made under the National Security Act 1939–1943, addresses the need for additional compensation for employees working on Christmas Day 1943 and New Year’s Day 1944 during wartime. Enacted by the Governor-General in Council, the regulation aims to provide employees with additional payments equivalent to their usual daily pay for working on these public holidays. This was intended to ensure that employees were fairly compensated for working on these special occasions when they would otherwise be entitled to a paid holiday. The regulation ensures that any additional payment made under this provision is in addition to any other compensation the employee might be entitled to under other laws for working on those days.
Scope and Application
The regulation made under the National Security Act 1939–1943 pertains to additional payments for employees working on Christmas Day or New Year’s Day during the specified period. The regulation applies to employees who are entitled to a holiday without deduction or loss of pay on these public holidays. It mandates that employers provide additional compensation to their employees for working on Christmas Day 1943 or New Year’s Day 1944, irrespective of whether the employee is required to work on these days. The additional payment is calculated based on the employee's ordinary daily pay or the difference between their regular pay and what they earn on a Saturday if they typically work on Saturdays. However, the regulation does not apply if the employee is entitled to a holiday in lieu of these days or if they receive compensation under any other law for working on these holidays. This regulation extends to employees covered by Commonwealth law or any state or territory law, including industrial awards, orders, determinations, or agreements.
Key Provisions
The National Security (Supplementary) Regulations, as amended by Statutory Rules 1943, No. 290, introduce a new regulation (118) pertaining to additional payments for employees on Christmas Day 1943 and New Year’s Day 1944. This regulation requires employers to pay additional amounts to employees who are entitled to a holiday without loss of pay on these days. Specifically, Regulation 118(1) mandates that an employee who does not ordinarily work on a Saturday should receive additional pay equivalent to one full day's work. For employees who do work on Saturdays, the additional payment should equal the difference between their regular full day's pay and their Saturday pay. Furthermore, if an employee works on either Christmas Day or New Year’s Day, the additional payment must be made in addition to any other compensation to which they are entitled under other laws for work performed on these days (Regulation 118(2)). However, this additional payment does not apply if the employee is entitled to a holiday on another day in lieu of Christmas Day or New Year’s Day, or if they are entitled to compensation due to these days falling within their annual leave (Regulation 118(3)).
Under the new regulation, employers are obligated to ensure compliance with these additional payment requirements for eligible employees. This includes calculating and disbursing the correct additional pay based on whether the employee works on Saturdays and whether they are required to work on Christmas Day or New Year’s Day. The definition of 'employee' is consistent with that in regulation 4 of the National Security (Holidays and Annual Leave) Regulations, and 'law' includes Commonwealth, State, or Territory laws, as well as industrial awards, orders, determinations, or agreements (Regulation 118(4)).
The regulation does not explicitly state any specific offences or penalties for non-compliance. However, any breach of the payment requirements could potentially lead to legal action or claims for unpaid wages under the relevant laws. Employers who fail to comply with these provisions might face legal challenges from employees regarding the additional payments due for working on Christmas Day or New Year’s Day. While the regulation itself does not detail penalties, non-compliance could result in financial liabilities and reputational damage for the employer.