Women's Employment Regulations (Amendment)

Legislation au C1945L00170 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1945. No. 170.

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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 thirty-first day of October, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. HOLLOWAY

Minister of State for Labour and National Service.

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Amendment of the Women’s Employment Regulations.†

Interpretation.

1. In these Regulations—

“Women’s Employment Regulations” means the provisions of the Schedule to the Women’s Employment Act 1942 relating to the employment of women, as subsequently amended:

Proceedings for recovery of sums due in certain cases.

2. After regulation 9 of the Women’s Employment Regulations, the following regulation is inserted:—

9aa.—(1.) Notwithstanding, anything contained in regulation 9 of these Regulations, where a claim has, whether before or after the commencement of this regulation, been made by or on behalf of any female for payment of wages in accordance with a decision, and her employer has failed to make the payment, that female may, or an organization of employees to which she belongs may, on her behalf, sue in any court of competent jurisdiction for any sum of money due and payable to her under the decision.

“(2.) Proceedings under this regulation in relation to any such sum may be instituted at any time—

(a) in any case to which any of the next three succeeding paragraphs does not apply—within, but not later then, nine months after the date on which the sum became due and payable; or

* Notified in the Commonwealth Gazette on 1st November, 1945.

† Women’s Employment Regulations, being the Schedule to the Women’s Employment Act 1942, as amended by Statutory Rules 1942, No. 548 (disallowed by the Senate on 16th March, 1943); 1943, Nos. 41, 92, 251 and 809; and 1944, Nos. 42, 70, 109, 149 and 179.

5814.—Price 3d.

(b) in any case where the decision under which the claim has been made, has, whether before or after the commencement of this regulation, been, challenged or called in question in any proceedings in any court and no question in relation to the decision has, whether before or after the commencement of this regulation, been referred to a Committee of Reference—within but not later than nine months after the date of the judgment or order of the court in the proceedings or the date on which the sum became due and payable, whichever is the later;

(c) in any case where any question in relation to that decision, the determination of which affects or may affect the female in respect of whom the claim has been made, has, whether before or after the commencement of this regulation, been referred to a Committee of Reference and the decision, has not, whether before or after the commencement of this regulation, been challenged or called in question in any proceedings in any court—within but not later than nine months sifter the date of the determination of the Committee or the date on which the sum became due and payable, whichever is the later; and

(d) in any case where that decision has, whether before or after the commencement of this regulation, been challenged or called in question in any proceedings in any court and any question in relation to the decision, the determination of which affects or may affect the female in respect of whom the claim has been made, has, whether before or after the commencement of this regulation, been referred to a Committee of Reference—within but not later than nine months after the date of the judgment or order of the court in the proceedings or the date of the determination of the Committee, or the date on which the sum became due and payable whichever is the latest.”.

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

Overview

The Women's Employment Act 1942 was enacted by the Commonwealth Parliament to address the challenges faced by women in the workforce during and after World War II, particularly concerning fair employment practices and remuneration. This Act aimed to ensure that women received equitable treatment and wages in the workplace, reflecting the increased participation of women in the workforce due to the war effort. The Women's Employment Regulations 1945, made under the authority of the Act, further clarified and expanded the provisions by introducing new regulations, including the ability for women or their representative organisations to sue for unpaid wages if employers failed to comply with relevant decisions. This legislative instrument underscores the policy objective of the Act, which is to protect and empower women in the workforce by providing them with legal recourse to secure their entitlements.

Scope and Application

The Women’s Employment Regulations 1945, made under the Women’s Employment Act 1942, pertain to the employment of women, extending to all female employees across various industries within the Commonwealth of Australia. These regulations aim to ensure that women receive equitable wages and are protected against unfair employment practices. The regulations provide a legal framework for addressing wage disputes and empower female employees or their representative organisations to seek legal recourse if employers fail to comply with wage decisions. The scope of these regulations is comprehensive, covering any female employee whose wages are governed by the decisions stipulated within the act and its subsequent amendments. Notably, the regulations allow for legal action to be taken for unpaid wages within specific timeframes, depending on whether the decision has been contested in court or referred to a Committee of Reference. The application of these regulations is not limited by state boundaries, thus providing a uniform approach to women's employment rights across the nation.

Key Provisions

The Women's Employment Regulations, as amended by Statutory Rules 1945, No. 170, introduce a new section, regulation 9aa, which provides an avenue for female employees to seek legal recourse if their employers fail to pay wages as per a decision. Under regulation 9aa(1), a female employee or an employee organization can sue the employer in a competent court to recover any sums due and payable following a decision. This provision is designed to offer a legal remedy for wage disputes that have not been settled by the employer, ensuring that the employee or their representative can pursue the matter through the judicial system. The obligations imposed by these Regulations on employers are straightforward yet significant. Employers must adhere to any decisions made regarding wage payments for female employees. Failure to comply with these decisions can lead to legal action by the affected employee or their organization, as outlined in regulation 9aa. The Regulations also place a responsibility on employers to ensure that wage payments are made promptly and in accordance with any relevant decisions or court orders, to avoid potential litigation. There are no explicit offences or penalties mentioned in the text of the Regulations themselves; however, failure to comply with the requirements can result in civil consequences. Specifically, non-compliance can lead to legal proceedings under regulation 9aa, where the court may order the employer to pay the due wages, along with any additional costs incurred by the employee or their organization during the litigation. While the exact financial penalties are not detailed in the text, the potential for legal costs and wage repayment makes it imperative for employers to adhere to the stipulated timelines and obligations.

Legal classification tags

Area of Law
Employment & Labour Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Proceedings for recovery of sums due
Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.