{"id":"C1940L00287","name":"National Security (Employment) Regulations","slug":"c1940l00287","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"287 of 1940","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":380504,"registerId":"commonwealth-C1940L00287-current","compilationNumber":null,"startDate":"2026-04-09","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Security (Employment) Regulations","content":"STATUTORY RULES.\n\n1940\\. No. 287.\n\nREGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.\\*\n\nI, 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 National Security Act 1939-1940.\n\nDated this thirteenth day of December, 1940.\n\nGOWRIE\n\nGovernor-General.\n\nBy His Excellency’s Command,\n\nROBERT G. MENZIES\n\nMinister of State for Defence Co-ordination.\n\nNational Security (Employment) Regulations.\n\nCitation.\n\n1. These Regulations may be cited as the National Security (Employment) Regulations.\n\nRepeal.\n\n2.—(1.) The National Security (Employment) Regulations (being Statutory Rules 1940, No. 128, as amended by Statutory Rules 1940, No. 206) are repealed.\n\n(2.) All arrangements made or continued in force under the Regulations so repealed shall continue in force as if they had been made by the Minister in pursuance of these Regulations.\n\nDefinitions.\n\n3. In these Regulations, unless the contrary intention appears—\n\n“Consolidated Metal Trades Award” means the Consolidated Metal Trades Award made by the Commonwealth Court of Conciliation and Arbitration (Serial No. 3417) and varied prior to the first day of May, 1940;\n\n“Motor Body and Coach Building Award” means the Interim Award made by the Commonwealth Court of Conciliation and Arbitration (Serial No. 3974) on the fifteenth day of December, 1939;\n\n\\* Notified in the Commonwealth Gazette on 13th December, 1940.\n\n7526.—Price 3d\n\n \n\n“munitions of war” includes the whole or any part, of any ship, submarine, aircraft, tank or similar vehicle or engine, arms, armaments, ammunition, vehicle, bomb, torpedo, mine, weapon or device (whether actual or experimental), and any other article or material which in the opinion of the Minister, is intended for use in war; and also includes any machine, machine tool, tool, gauge, jig, die, template and mould necessary for their manufacture, production or overhaul; and\n\n“the Minister” means the Minister of State for Munitions.\n\nTraining and employment of persons for the production of munitions or supplies.\n\n4.—(1.) If it appears to the Minister of State for Munitions that the production of munitions of war or supplies required for the efficient prosecution of the war is likely to be seriously prejudiced by reason of a shortage of persons skilled in any particular trade, he may make such arrangements as he considers necessary for the training of a sufficient number of persons in that trade or in any branch of that trade, and for the employment in that trade, of persons so trained.\n\n(2.) The training and employment of any person in accordance with any such arrangement shall be lawful notwithstanding anything contained in any enactment other than the National Security Act 1939-1940, or in any instrument, (including any award, determination or agreement) having effect by virtue of any such enactment.\n\n(3.) Where any person (other than a person who is a tradesman for the purposes of clause 5 of the Consolidated Metal Trades Award) is employed in skilled work in the engineering trade, which, prior to his being so employed, was performed by such a tradesman, that person shall, for the purposes of clause 7 of the Agreement between the Commonwealth Government, the Amalgamated Engineering Union and the Employers’ Association signed at Melbourne on the eighth day of May, 1940, and published in the Gazette on the eighth day of July, 1940, be deemed to be a man trained in pursuance of that Agreement and to be an “added” tradesman within the meaning of such last-mentioned clause.\n\n(4.) Where, by any enactment or instrument referred to in sub-regulation (2.) of this regulation, provision is made for the increase of the number of tradesmen in the Metal Trade classifications as stated in clause 5 of the Consolidated Metal Trades Award, the enactment or instrument shall have effect subject to any arrangement which has been or may be made in pursuance of this regulation or which is continued in force by these Regulations, except insofar as the Minister, by notice in the Gazette, otherwise directs.\n\nRegulation of engagement of certain employees.\n\n5.—(1.) An employer not engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war shall not engage any employee to whom this regulation applies except in pursuance of a permit issued to the employer by the Director of Labour, Department of Munitions or by a person thereto authorized by the Director of Labour.\n\n(2.) This regulation shall apply to the employees specified in the First Schedule to these Regulations.\n\nMarginal rates for tradesmen employed on production of munitions.\n\n6.—(1.) An employer engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war shall not offer or pay to any employee who is directly engaged on such manufacture,\n\n \n\nproduction, repair or overhaul or in the maintenance of plant therefor and is included in any of the classes specified in the first column of the Second Schedule or the Third Schedule to these Regulations a higher or lower marginal rate of pay (exclusive of hourly hiring or shift allowances) than the rate specified in the second column of either of those Schedules opposite the designation of that employee.\n\n(2.) Notwithstanding anything contained in this regulation, the pay of any employee who, at the commencement of this regulation, was employed in any of the classifications mentioned in the Second Schedule or the Third Schedule to these Regulations and was in receipt of a higher marginal rate (exclusive of hourly hiring and shift allowance) than is specified for that classification in the second column of either of those Schedules shall not be reduced by reason of this regulation.\n\nTHE SCHEDULES.\n\nTHE FIRST SCHEDULE.\n\nReg. 5.\n\nMetal Trades.\n\nElectrical Fitter.\n\nElectrical Mechanic.\n\nForger and/or Faggoter.\n\nInstrument Maker.\n\nMachinist, (Engineering—First class).\n\nPatternmaker.\n\nToolmaker.\n\nTradesman—\n\n(a) Gun manufacture.\n\n(b) Fitter and/or Turner.\n\n(c) Marking off.\n\n(d) In gun armament.\n\n(e) Turbine blade fitter.\n\n(f) Brass finisher.\n\nBoilermaker and/or Structural Steel Worker.\n\nMarker Off and/or Template Maker.\n\nFrame Bender.\n\nWelder (First Class).\n\nSmiths—\n\n(а) Toolsmith.\n\n(b) Angle-iron Smith.\n\n(c) Coppersmith.\n\n(d) Brass Smith,\n\n(e) Boilersmith.\n\n(f) Other Smiths.\n\nMoulder or Coremaker—Jobbing.\n\nMotor Vehicle Building Trades.\n\nDie Tester and/or Adjuster (making necessary adjustments before handing to manufacturing shop).\n\nElectrical Fitter.\n\nElectrical Mechanic.\n\nJigmaker in wood or metal.\n\nPatternmaker (as defined in the Motor Body and Coach Building Award).\n\nSmith.\n\nTemplate Maker.\n\nTool Maker, Tool Hardener and Die Maker (in wood or metal).\n\nTradesman—\n\n(а) the greater part of whose time is occupied marking off.\n\n(b) Turner and/or Fitter.\n\n(c) Machinist (metal).\n\nWelder (First Class).\n\n \n\nTHE SECOND SCHEDULE. Reg. 6.\n\n```html\n

First Column.

Second Column.

Designation of Employee.

Margin of pay above basic wage for a week of 44 hours.

Metal Trades.

Electrical Fitter ..................................

33s. plus 3s. special allowance

Electrical Mechanic ...............................

33s. plus 3s. special allowance

Forger and/or Faggoter .............................

45s. plus 3s. special allowance

Instrument Maker ................................

43s. plus 3s. special allowance

Machinist (Engineering—First Class) ...................

33s. plus 3s. special allowance

Patternmaker ...................................

41s. plus 3s. special allowance

Toolmaker .....................................

43s. plus 3s. special allowance

Tradesmen—

(a) gun manufacture ..........................

39s. plus 3s. special allowance

(b) Fitter and/or Turner ........................

33s. plus 3s. special allowance

(c) marking off .............................

36s. plus 3s. special allowance

(d) in gun armament, instrument and torpedo work (naval)

43s. plus 3s. special allowance

(e) turbine blade fitter .........................

36s. plus 3s. special allowance

(f) brass finisher ............................

33s. plus 3s. special allowance

Boilermaker and /or structural steel worker ...............

33s. plus 3s. special allowance

Marker off and /or template maker .....................

37s. plus 3s. special allowance

Frame Bender ..................................

35s. plus 3s. special allowance

Welder (First Class) ..............................

35s. plus 3s. special allowance

Smiths—

(a) Toolsmith ..............................

36s. plus 3s. special allowance

(b) Angle-iron smith .........................

35s. plus 3s. special allowance

(c) Coppersmith ............................

34s. pins 3s. special allowance

(d) Brass smith .............................

34s. plus 3s, special allowance

(e) Boilersmith .............................

36s. plus 3s. special allowance

(f) Other smiths .............................

34s. plus.3s. special allowance

Moulder or Coremaker—Jobbing ......................

33s. plus 3s. special allowance

Motor Vehicle, Building Trades.

Die tester and/or adjuster (making necessary adjustments before handing to manufacturing shop)

36s. plus 3s. special allowance

Electrical Fitter ..................................

33s. plus 3s. special allowance

Electrical Mechanic ...............................

33s. plus 3s. special allowance

Jigmaker in wood or metal ..........................

33s. plus 3s. special allowance

Patternmaker (as defined in the Motor Body and Coach Building Award)

41s. plus 3s. special allowance

Smith ........................................

34s. plus 3s. special allowance

Template maker .................................

37s. plus 3s. special allowance

Tool maker, tool hardener and die maker (in wood or metal)....

43s. plus 3s. special allowance

Tradesman—

(a) the greater part of whose time is occupied marking off .

36s. plus 3s. special allowance

(b) Turner and/or Fitter ........................

33s. plus 3s. special allowance

(c) Machinist (metal) .........................

33s. plus 3s. special allowance

Welder (First Class) ..............................

35s. plus 3s. special allowance

\n```\n\nTHE THIRD SCHEDULE. Reg. 6.\n\n| First Column. | Second Column. |\n| --------------------------------------------------- | ------------------------------------------------------ |\n| Designation of Employee. | Margin of pay above basic wage for a week of 44 hours. |\n| Process Workers (Metal) ........................... | 8s. plus 3s. special allowance. |\n\nBy Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument repeals earlier National Security (Employment) Regulations but continues prior arrangements (reg 2(1)–(2)). Substantively it consolidates and restates controls focused on munitions training, employment, permit requirements and set marginal pay rates rather than widening scope. It does, however, expressly empower the Minister to override other enactments for these purposes (reg 4(2)), which heightens executive discretion while remaining within the munitions-focused remit."},"complexity_factors":["Broad ministerial discretion to define ‘munitions of war’ by opinion (Definition, reg 3), increasing legal uncertainty about coverage.","Power for the Minister to make arrangements that operate notwithstanding other enactments or instruments (reg 4(2))—creates potential conflicts with existing awards and statutes.","Permit regime restricting engagement of listed trades outside munitions manufacture, placing administrative compliance burdens on employers (reg 5; First Schedule).","Detailed marginal wage schedules with many occupational classifications in two schedules and a third table—administrative complexity for payroll and classification (reg 6; Second and Third Schedules).","Deeming and transitional clauses: deeming certain employees as ‘trained’ under a separate agreement (reg 4(3)) and continuation of arrangements on repeal (reg 2(2)), requiring cross-referencing to external instruments.","Frequent cross-references to external awards, agreements and the Gazette (definitions and regs 3–4), increasing interpretive work to determine operative rights and obligations.","Absence of express enforcement/penalty provisions within the text increases reliance on implied powers or other instruments for compliance and disputes."],"plain_english_summary":"These regulations authorize the Minister of State for Munitions to arrange training and employment of trades for munitions production, to override other laws, restrict hiring of listed trades outside war manufacture without a permit, and fix marginal pay rates for specified classifications (regs 2–6; Schedules). Employers must pay the set margins and obtain permits; the Minister decides coverage and what counts as “munitions” (regs 3–6), imposing compliance duties on employers and affecting existing award arrangements."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2007},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain focused on their original wartime purpose: controlling the employment and wages of skilled tradespeople to ensure adequate manpower for munitions production. While this version repeals and replaces earlier 1940 regulations, it maintains the same essential scope of national security employment coordination without significant expansion into new policy areas."},"complexity_factors":["References to specific industrial awards and agreements by serial number and date","Wage fixation tables with specific monetary amounts (shillings) for 25+ job classifications","Interaction with existing industrial law ('notwithstanding' clauses that override other enactments)","Conditional permit system for non-munitions employers","Technical trade terminology (faggoter, jig maker, die tester, etc.)"],"plain_english_summary":"These World War II regulations let the government direct and train skilled tradespeople into munitions work, restrict non‑war employers from hiring them without permits, and set controlled wage margins while protecting any higher pre‑existing pay. They affect munitions manufacturers, metalworking and vehicle trades, and other employers seeking those workers—ensuring manpower and wage stability for the war effort."}},"importantCases":[],"_links":{"self":"/api/acts/c1940l00287","history":"/api/acts/c1940l00287/history","analysis":"/api/acts/c1940l00287/analysis","conflicts":"/api/acts/c1940l00287/conflicts","importantCases":"/api/acts/c1940l00287/important-cases","documents":"/api/acts/c1940l00287/documents"}}