Women's Employment Regulations (Amendment)

Legislation au C1942L00548 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 548.

 

REGULATIONS UNDER THE WOMEN’S EMPLOYMENT ACT 1942.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Women’s Employment Act 1942.

Dated this twenty-second day of December, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the Women’s Employment Regulations.

Interpretation.

1. In these Regulations, “the Women’s Employment Regulations” means the provisions in the Schedule to the Women’s Employment Act 1942, relating to the employment of women.

Definitions.

2. Regulation 4 of the Women’s Employment Regulations is amended by inserting, after the definition of “munitions of war”, the following definition:—

“‘the Act’ means the Women’s Employment Act 1942;”.

Establishment of Women’s Employment Board.

3. Regulation 5 of the Women’s Employment Regulations is amended—

(a) by omitting from sub-regulation (4.) the word “shall” and inserting in its stead the word “may”; and

(b) by omitting sub-regulation (7.) and inserting in its stead the following sub-regulation:—

“(7.) The Chairman and two other members of the Board shall form a quorum and, when a quorum is present, the Board may validly function notwithstanding the absence of the representative or representatives of any interest, and notwithstanding any vacancy in the Board.”.

 

* Notified in the Commonwealth Gazette on      , 1942.

8873.—Price 3d. 25/16.12.1942.


4.—(1.) Regulation 6 of the Women’s Employment Regulations is repealed and the following regulations are inserted in its stead:—

Application for permission to employ females.

“6.—(1.) Where an employer is employing or proposes to employ females on work—

(a) which is usually performed by males;

(b) which was, during the period from the third day of September, 1939, to the date of the employment of, or proposal to employ, females, performed by males in the establishment of the employer; or

(c) which was not, during that period, performed in Australia by any person,

the employer shall, unless an application under these Regulations (including an application within the meaning of sub-section (2.) of section 4 of the Act) in relation to that employment has already been made or the Board has given a decision in respect of that work under these Regulations, or a decision in respect of that work is in force by virtue of the Act, forthwith make application to the Board for a decision in accordance with this regulation.

“(2.) A person who makes any such application shall forthwith furnish one copy thereof to the Secretary and one copy to such organization or to each of such organizations of employees and employers as the Chairman of the Board specifies.

“(3.) Upon receipt of any such application the Board shall proceed to consider the application and give its decision thereon in accordance with this regulation.

“(4.) The Board shall decide whether the work specified in the application is work specified in sub-regulation (1.) of this regulation.

“(5.) If the Board decides that females may be employed or continue to be employed on the work, it shall decide—

(a) the hours during which females may be employed thereon, and the maximum daily and weekly hours of employment of females employed thereon;

(b) the special conditions (if any) regarding the safety, health and welfare of females employed thereon to be observed by the employer; and

(c) whether the employment of females thereon should in the first place be on probation,

“(6.) If the Board decides that the employment should in the first place be on probation, the Board shall decide the period of probation.

“(7.) The Board shall, subject to this regulation, decide the rates of payment to be made to females employed on the work.

“(8.) The Board shall decide the rates of payment under this regulation which it considers to be just and proper in all the circumstances and shall, as far as is practicable, assess those rates by reference to such factors as it thinks fit and in particular to the efficiency of females in the performance of the work and any other special factors which may be likely to affect the productivity of their work in relation to that of males.


“(9.) The rate of payment to be made to any adult female, in accordance with any decision under this regulation, shall not be less than sixty per centum nor more than one hundred per centum of the rate of payment made to adult males employed on work of a substantially similar nature.

Employer not to employ females in certain cases except in pursuance of decision of Board.

“6a. Subject to regulation 11 of these Regulations, an employer who proposes to employ females on work specified in sub-regulation (1.) of regulation 6 of these Regulations shall not employ any female on that work until the Board has decided that females may be employed on that work.

Period within which applications to be made in certain cases.

“6b. Where at the commencement of this regulation an employer is employing females on work specified in sub-regulation (1.) of regulation 6 of these Regulations and an application under these Regulations or within the meaning of sub-section (2.) of section 4 of the Act has not been made in relation to that employment, and there is not, in respect of that employment, any decision of the Board or any decision in force by virtue of the Act, the employer shall, within fourteen days after the commencement of this regulation, make an application for a decision of the Board in respect of that employment.

Decision with respect to work not specified in application.

“6c. Where it appears to the Board on consideration of any application in respect of work at any establishment that it is desirable that consideration should be given to other work in the establishment in respect of which an application could be made under these Regulations, it may treat the application as extending to that other work and may give a decision accordingly.”.

5. Regulation 7 of the Women’s Employment Regulations is repealed and the following regulations are inserted in its stead:—

Application by female employee or organization of female employees.

“7. Any organization of employees to which any female employed on work specified in sub-regulation (1.) of regulation 6 of these Regulations belongs, may make application to the Board for a determination of the rate of payment to be made to, or the hours and conditions to be observed in respect of, females employed on that work and the Board shall forthwith deal with the application as if it were an application under regulation 6 of these Regulations.

Extension of operation of decision of Board.

“7a. The Board, when giving its decision on any application under the preceding provisions of these Regulations or at any subsequent time, and, in the case of any decision in force by virtue of the Act, at any time, may extend the application of the decision to any other employers or to all employers or to all employers included in a specified class of employers employing any females on work of a substantially similar nature to that of the work in respect of which the application was made or the decision was given, and the decision shall thereupon be binding on those employers, the employees of those employers and the organizations to which those employees belong in like manner as if those employers were specified in the decision.


Board may make decision on own motion.

“7b. The Board may, of its own motion, give in respect of any work specified in sub-regulation (1.) of regulation 6 of these Regulations any decision which it would be required or empowered to give under these Regulations if an application were made thereunder in respect of that work.

Copy of decision to be furnished to persons interested.

“7c. A copy of every decision, order or interpretation made or given by the Board shall be sent to the Principal Registry and to each District Registry established under the Commonwealth Conciliation and Arbitration Act 1904-1934 as soon as possible after it is made or given, and shall be open for inspection on payment of a fee of One shilling.”.

Additional powers of Board.

6. Regulation 8 of the Women’s Employment Regulations is amended by omitting paragraph (b) and inserting in its stead the following paragraph:—

“(b) reopen any question in relation to which the decision was given and give a decision thereon;”.

7. After regulation 8 of the Women’s Employment Regulations the following regulation is inserted:—

Limitation of effect of certain decisions.

“8a.—(1.) Notwithstanding anything contained in these Regulations, where by or under any law of a State or Territory of the Commonwealth, the employment of females on work in or about any barroom of any licensed premises is prohibited (whether absolutely or subject to specified exceptions), any decision of the Board (whether given unconditionally or subject to conditions) that females may be employed on that work shall not, in so far as it is inconsistent with that law, have any force or effect unless and until the decision is approved by the Minister of State for Labour and National Service by order published in the Gazette.

“(2.) In this regulation, the expression ‘licensed premises’ means premises in respect of which a licence for the sale or supply of intoxicating liquor is in force or deemed to be in force.”.

Employment of women in Department of Munitions, &c.

8. Regulation 11 of the Women’s Employment Regulations is amended by adding at the end of sub-regulation (1.) the words “in respect of which the Board has not given a decision.”.

Inspection of premises.

9. Regulation 13 of the Women’s Employment Regulations is amended—

(a) by omitting the word “customarily” and inserting in its stead the word “usually”; and

(b) by inserting after the word “Regulations” (second occurring), the words “or any person authorized by the Board to act under this regulation”.

Witnesses.

10. Regulation 15 of the Women’s Employment Regulations is amended by omitting from sub-regulation (1.) the words “in respect of any application”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Women’s Employment Act 1942 was enacted to address the need for women to participate in the workforce during World War II, ensuring that women could be employed in roles traditionally held by men and that their employment conditions were regulated to protect their health and welfare. This legislation was introduced by the Commonwealth Parliament with a policy objective to facilitate the increased employment of women in essential industries while maintaining fair labour standards. The Act aimed to regulate the terms and conditions of employment for women, particularly in roles that were traditionally male-dominated or newly created due to the exigencies of the war. The accompanying regulations, detailed in Statutory Rules 1942 No. 548, provide specific provisions on how employers must apply for permission to employ women in certain roles, the process by which the Women’s Employment Board makes decisions on such applications, and the powers of the Board to ensure compliance with the Act.

Scope and Application

The Women’s Employment Regulations made under the Women’s Employment Act 1942 govern the employment of women in specific types of work and apply to employers who engage females in roles traditionally performed by males, roles performed by males in the employer’s establishment prior to a certain date, or roles that were not performed in Australia by any person prior to that date. These regulations apply at the national level across the Commonwealth of Australia and are subject to amendment and extension through subordinate instruments. Employers must apply to the Women’s Employment Board for permission to employ females in the specified categories of work, and the Board has the authority to determine the hours, conditions, and rates of payment for such employment. The Board can also extend its decisions to other employers and can make decisions on its own initiative. However, decisions permitting women to work in licensed premises are subject to approval by the Minister of State for Labour and National Service. Additionally, the regulations allow for the inspection of premises and the summoning of witnesses to assist the Board in its functions.

Key Provisions

The main operative sections of the Women’s Employment Regulations (1942) detail specific requirements and permissions regarding the employment of females in certain types of work. Regulation 6 (paragraphs 1-9) outlines the application process for employers seeking permission to employ females on work typically performed by males, or work that was performed by males prior to a certain date. Employers must submit an application to the Women’s Employment Board, which will then decide whether females can be employed on the specified work and, if so, set the conditions, including hours, rates of pay, and any special conditions regarding safety and welfare. Regulation 6a prohibits employers from employing females on such work without a decision from the Board, while Regulation 6b requires employers currently employing females in these roles to apply for Board approval within 14 days of the regulation's commencement. The obligations imposed by these Regulations on employers and the Board include the necessity for employers to seek Board approval before employing females in certain roles, and to adhere to the conditions set by the Board, such as hours of work, rates of pay, and conditions for safety and welfare. The Board is tasked with considering applications, deciding on the permissibility of such employment, and setting appropriate terms and conditions. Regulations 7 and 7a grant organizations of female employees the right to apply to the Board for determinations regarding rates of pay and working conditions, and allow the Board to extend its decisions to other employers. Breach of these Regulations can result in civil or criminal consequences. For instance, employing females in specified work without Board approval, as outlined in Regulation 6a, could lead to penalties. However, the specific penalties are not detailed within the Regulations themselves, and would likely be defined in the overarching Women’s Employment Act 1942 or related legislation. Furthermore, Regulation 8a stipulates that Board decisions permitting the employment of females in barrooms of licensed premises require ministerial approval and will not be effective unless approved, indicating the importance of compliance with state and territory laws.

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