Supply and Development (Factories) Regulations 1939 (Amendment)

Overview

The Supply and Development Act 1939 was enacted to address the pressing need for increased production and development in response to the growing tensions leading up to World War II. This Act was designed to facilitate the efficient allocation of resources and coordination of efforts towards meeting the defence requirements of the nation. The Australian Parliament established this legislation to enable the government to take necessary actions to bolster the country's industrial capacity and supply chain, ensuring readiness for potential conflict. The Supply and Development (Factories) Regulations 1939 were made under the authority of the Act to provide specific measures for managing factories and their workforce in the context of national defence, including provisions for employees enlisted or called up for war service. The policy objective of these regulations was to support the war effort by ensuring that workers who were needed for defence services were adequately compensated during their leave periods.

Scope and Application

The Supply and Development (Factories) Regulations, as amended by Statutory Rules 1939, No. 151, pertain specifically to employees who have enlisted in, or have been appointed to, an Expeditionary Force under the Defence Act 1903-1939, or who are called up for war service under the same Act. The regulations provide for these employees to be granted leave of absence and, if their pay as a member of the Defence Force is less than their pay as an employee, they may be compensated for the difference during the first sixteen calendar days of that leave. This compensation is contingent upon the leave being granted by the Manager and does not extend beyond the date on which their services would otherwise have been terminated. The regulations apply nationally within the Commonwealth of Australia and are intended to support employees who have been conscripted for defence purposes. There are no stated exclusions or exemptions within these regulations, and they operate under the broader legislative framework of the Supply and Development Act 1939.

Key Provisions

The key provisions of these Regulations under the Supply and Development Act 1939 primarily concern amendments to the Supply and Development (Factories) Regulations. Section 2 of the Regulations repeals Regulation 38 of the Supply and Development (Factories) Regulations and replaces it with a new regulation. The new regulation, section 38, addresses the payment of leave for employees enlisted or called up for war service under the Defence Act 1903-1939. Specifically, it allows for the payment of an amount equal to the difference between the employee's pay as a member of the Defence Force and their pay as an employee for the first sixteen calendar days of their leave of absence, provided their Defence Force pay is less than their regular employee pay. This regulation includes the definition of 'pay as an employee' to encompass emoluments determined by the Board. However, it also stipulates that leave cannot extend beyond the date on which the employee's services would otherwise have been terminated. These Regulations impose several obligations on the parties involved, primarily focusing on employers and employees within factories. Employers must ensure that employees who are granted leave for defence purposes and whose Defence Force pay is less than their regular employee pay are compensated for the difference during the first sixteen days of their leave. This compensation must be calculated based on the definitions and determinations outlined in the Regulations. Furthermore, employers must adhere to the condition that leave cannot extend beyond the termination date of the employee's services if leave had not been granted. The Regulations do not explicitly state any offences, penalties, or consequences for breach within the text provided. However, given the context of wartime regulations and the importance of compliance with supply and development laws, non-compliance could potentially lead to administrative actions or legal consequences under the overarching Supply and Development Act 1939. Such consequences could include fines, enforcement actions, or other penalties as prescribed by the Act. While the exact penalties are not detailed in the Regulations themselves, they would likely be consistent with the penalties outlined in the parent Act.