STATUTORY RULES.
1917. No. 222.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-16.
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 War Precautions Act 1914-16, to come into operation forthwith.
Dated this sixth day of September. 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
Amendment of the War Precautions (Supplementary) Regulations.
(Statutory Rules 1916, No. 97, as amended by Statutory Rules 1916, Nos. 112, 122, 128, 129, 135, 167, 218, 219, 250, 253, 254, 255, 263, 271, 272, 289, 293, 298, 300, 301, 303, 328, and Statutory Rules 1917, Nos. 12, 17, 37, 56, 65, 73, 94, 182, 196, 211, and 212.)
After Regulation 30 of the War Precautions (Supplementary) Regulations, the following Regulation is inserted:—
Power to cancel provision in agreements relating to preference in employment.
“31. If the Governor-General is satisfied that any trade union or other association of employees has, or that members thereof or of any branch or section thereof have, ceased work or become engaged in a strike or cessation of work, the Governor-General may by notice in the Gazette cancel so much of the provisions of any agreement made between the trade union, association, branch, or section and one or more employers as provides for or relates to preference in employment to members of the trade union, association, branch, or section, or as provides for members of the trade union, association, branch, or section, not being required or permitted to work with or alongside of persons not being members, and thereupon the provisions so cancelled shall cease to have any effect whatever.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.11289.—Price 3d.
Overview
The War Precautions Regulations 1917, enacted under the War Precautions Act 1914-16, were introduced by the Governor-General in Council to address the urgent need to maintain industrial peace and productivity during the First World War. This legislative instrument, made under the authority of the Federal Executive Council, aims to empower the Governor-General to intervene in agreements that provide employment preference to union members, thereby ensuring that essential industries remain operational during periods of industrial action. By allowing the cancellation of such preferential provisions in employment agreements, the regulations seek to mitigate disruptions caused by strikes or cessations of work, ultimately supporting the war effort by maintaining critical workforce availability and production levels.
Scope and Application
The Statutory Rules 1917, No. 222, Regulations under the War Precautions Act 1914-16, are designed to address specific industrial disputes that may arise during wartime, aiming to ensure the continuity of essential services and operations. These regulations apply to trade unions or associations of employees and their employers, specifically targeting agreements that provide preferential employment terms to union members or restrict the employment of non-union members. The Governor-General has the authority to cancel provisions in such agreements if it is determined that a strike or cessation of work has occurred, thereby ensuring that essential services are not unduly hindered. The jurisdictional reach of these regulations is national, applying throughout the Commonwealth of Australia, and they extend the powers granted under the War Precautions Act 1914-16 to manage and mitigate disruptions caused by industrial actions during a period of war. These regulations do not specify any exclusions or exemptions but operate under the overarching authority granted by the War Precautions Act.
Key Provisions
The Regulation introduced under the War Precautions Act 1914-16, as detailed in Statutory Rules 1917, No. 222, primarily focuses on amending the War Precautions (Supplementary) Regulations. Specifically, a new Regulation 31 is added to address the cancellation of certain employment preference provisions in agreements between trade unions or associations of employees and their employers (Regulation 31). This new regulation empowers the Governor-General to cancel parts of such agreements if there has been a cessation of work or a strike by the union or association members. The cancellation applies to any provisions that grant preferential treatment to union or association members in employment or prohibit these members from working alongside non-members.
The obligations and requirements imposed by this regulation are straightforward. Firstly, the Governor-General must be satisfied that a cessation of work or a strike has occurred involving members of a trade union or an association of employees. Upon this satisfaction, the Governor-General is mandated to publish a notice in the Gazette cancelling the specified provisions of the affected employment agreements. The cancellation is automatic upon publication, rendering the affected provisions null and void.
In terms of consequences for breach, the legislation does not explicitly outline specific offences or penalties within the Regulation itself. However, the underlying War Precautions Act 1914-16 may impose broader penalties for non-compliance with regulations made under it. Typically, penalties for breaches of such wartime regulations could include fines or imprisonment, reflecting the serious nature of wartime measures designed to maintain public order and ensure the efficient functioning of essential services. The exact penalties would depend on the specific breach and the provisions of the overarching Act.