Women's Employment Regulations (Amendment)

Legislation au C1943L00092 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 92.

REGULATIONS UNDER THE WOMEN’S EMPLOYMENT ACT 1942.*

I, THE DEPUTY OF 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 eighth day of April, 1943.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

E. J. WARD

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 Regulations in force by virtue of the Women’s Employment Act 1942 and the Women’s Employment Regulations (No. 2).

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 8th April, 1943.

† See the Schedule to the Women’s Employment Act 1942, and Statutory Rules 1943, No. 75.

Application for permission to employ females.

4. Regulation 6 of the Women’s Employment Regulations is amended by substituting for sub-regulation (1.) the following sub-regulation:—

“(1.) Where an employer proposes to employ, is employing, or has at any time since the second day of March, 1942, employed, females on work—

(a) which is usually performed by males;

(b) which within the establishment of that employer, was performed by males at any time since the outbreak of the present war; or

the employer shall, unless an application in relation to that employment has already been made (whether before or after the commencement of this sub-regulation), or a decision of the Board in respect of that work is in force, 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.”.

5. After regulation 6 of the Women’s Employment Regulations the following regulation is inserted:—

Period within which applications to be made in certain cases.

“6a. 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 has not been made (whether before or after the commencement of this regulation) in relation to that employment, and there is not in force in respect of that employment, any decision of the Board or any decision given full force and effect by 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.”.

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

Power of Board to give decisions.

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

“(2.) A decision made under the last preceding sub-regulation shall, as specified in the decision, apply to—

(a) all or any employers;

(b) all employers included in a class of employers specified by the Board; or

employing, at any time during the currency of the decision, any females on work of the kind specified in the decision.

“(3.) The Board, before giving a decision in pursuance of this regulation, shall, by notification published in the Gazette and in such other publications, if any, as the Board determines—

(a) specify the decision which it proposes to give;

(b) specify the employers on whom it proposes the decision shall be binding; and

(c) make known that all persons and organizations interested and desirous of being heard may on or before a day named in the notification, not being earlier than the fourteenth day after the publication, appear or be represented before the Board.

“(4.) The Board shall hear all such persons and organizations appearing or so represented and may thereafter make such decision as it thinks fit.”.

Additional powers of Board.

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

“(b) re-open any question in relation to which the decision was given and give a decision thereon;

Inspection of premises.

8. 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.

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

Pending applications.

10. Any application under the provisions in the Schedule to the Women’s Employment Act 1942, relating to the employment of women, as amended by Statutory Rules 1942, No. 548 and Statutory Rules 1943, No. 41, which was pending immediately prior to the date of disallowance of Statutory Rules 1942, No. 548, shall be considered and decided by the Women’s Employment Board as if the application had been made under the Women’s Employment Regulations, as amended by these Regulations, and any evidence given before that date, in relation to any such application, may be considered, in relation to that application, as if it had been given under the Women’s Employment Regulations as so amended.

Repeal.

11. Statutory Rules 1943, No. 41, is repealed.

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

Overview

The Women's Employment Act 1942 was enacted to address the employment needs of women during World War II, aiming to mobilise the workforce by allowing women to take on jobs traditionally held by men. This Act, along with the subsequent Women’s Employment Regulations, was introduced by the Parliament of Australia to ensure that the country’s workforce was adequately utilised during the war. The policy objective was to facilitate the employment of women in sectors critical to the war effort while maintaining fairness and safety in the workplace. The regulations, which include provisions for the establishment of a Women's Employment Board and procedures for employers to seek permission to employ women in certain jobs, were designed to manage and regulate these transitions effectively. The Deputy of the Governor-General, acting on the advice of the Federal Executive Council, issued Statutory Rules in 1943 to implement these regulations.

Scope and Application

The Women’s Employment Regulations 1943 apply to employers who propose to employ, are employing, or have employed females on work that is usually performed by males, was performed by males within the employer's establishment since the outbreak of the present war, or was not performed in Australia by any person prior to the outbreak of the war. These regulations operate within the Commonwealth of Australia, governed by the Women’s Employment Act 1942. The scope of the Act encompasses all employers within the national jurisdiction, necessitating applications to the Women’s Employment Board for decisions on such employment. The Board has the authority to make decisions on its own motion or upon application from any organisation of employers or employees. The regulations also allow for the amendment of decisions previously made by the Board, the inspection of premises, and the consideration of witnesses. Notably, these regulations do not apply to work where an application for permission has already been made, or where a decision of the Board or the Act is already in force. The regulations further provide for the consideration of pending applications as if they had been made under the amended regulations, ensuring continuity in processing. The authority to make these regulations is derived from the Women’s Employment Act 1942, and they are enacted by the Deputy of the Governor-General, acting on the advice of the Federal Executive Council.

Key Provisions

The main operative sections of these Regulations under the Women’s Employment Act 1942 introduce several key amendments. Regulation 4 amends the definition of “the Act” to clarify that it refers to the Women’s Employment Act 1942 (Section 2). Regulation 5 alters the composition of the Women’s Employment Board, allowing it to function with a smaller quorum and despite vacancies (Section 3). Regulation 6 requires employers to apply for permission to employ females in specific circumstances, such as when they perform work usually done by males or in certain wartime contexts (Section 4). Regulation 6a imposes a deadline for employers to apply for permission in cases where females are already employed in specified work (Section 5). Regulation 7a empowers the Board to make decisions on its own initiative or at the request of employer or employee organizations (Section 6). Regulation 8 allows the Board to reopen and revise its decisions on certain matters (Section 7). Regulation 13 modifies the inspection of premises by authorized personnel (Section 8). Regulation 15 adjusts the rules for witnesses during hearings (Section 9). Lastly, Regulation 10 specifies how pending applications should be treated following the disallowance of certain previous regulations (Section 10). The obligations imposed by these Regulations on employers include applying for permission from the Women’s Employment Board to employ females in roles typically performed by males or in specific wartime conditions (Regulation 6). Employers must make these applications within a defined period if they were employing females in such roles at the commencement of these Regulations (Regulation 6a). The Board is obligated to consider applications and give decisions that apply to all or specified employers (Regulation 7a). The Board must also notify interested parties of its proposed decisions and provide an opportunity for them to be heard before making a final decision (Regulation 7a). The Board has additional powers to re-open and revise its decisions if necessary (Regulation 8). Breaches of these Regulations can lead to civil or criminal consequences. For instance, employers who fail to apply for permission to employ females in specified roles may face penalties, although the exact penalties are not detailed in the text. The Board’s decisions are binding on employers, and non-compliance could result in enforcement actions. The specific penalties for non-compliance are not explicitly stated in the provided text, but they could include fines or other legal actions as prescribed by the Act.

Area of Law: Employment & Labour Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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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.

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