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Friday, 29 April 1921


Senator ELLIOTT (Victoria) .- I move -

That the following newclause be inserted: - " 14a.Section 40a of the principal Act is amended by inserting after the word ' apprenticeship ' the words ' or articles of service '." Section proposed to be amended: - 40a. In time of war any person who it employed under articles of apprenticeship may, notwithstanding any provision of or obligation under the articles, enlist in the Military Forces, and any person who so enlists shall not be liable, during the period of his service in the Forces, and until a reasonable period thereafter, to be claimed for service under the articles.

My object is to provide for articled clerks of solicitors and articled employees of surveyors, architects, and professional men generally. These persons are as strictly bound in their clerkships as ordinary apprentices, and the same degree of protection should be given them if they are compelled to break their articles by force of law.

SenatorPEARCE (Western Australia - Minister for Defence) [2.50]. - I am prepared to accept the proposed new clause, and am obliged to Senator Elliott for drawing attention to the matter dealt with. It might be held that a person articled, for example, to an architect, is not an apprentice. Clearly, however, such person would be in the same category as an apprentice, and, therefore, should be granted a similar degree of protection.

Proposed new clause agreed to.

Clause 15 -

Section 40b of the principal Act is amended by adding at the end thereof the following subsection: - " (3) Where any . person employed under articles of apprenticeship is required to attend a ship or camp of continuous training under Part XII., or is on war service with the Citizen Forces called out under section 46 of this Act, his articles of apprenticeship shall be deemed to be suspended during the period during which he is attending the ship or camp of continuous training or is on such- war service, and if his master refuses to re-employ him at the conclusion of the continuous training of war service the master shall be guilty of an offence.

Penalty: Fifty pounds.

Section proposed to be amended : - 40b. - (1) Any person employed under articles of apprenticeship who has in time of vor enlisted in the Military Faroes shall, upon discharge from the Military Forces, unless the Minister otherwise determines, he entitled, within a period of three months after the date of his discharge, or, in the case of a person discharged before the commencement of this section, within three months after such commencement, to resume his employment under his articles of apprenticeship and the period served by him after discharge shall be deemed to be acontinuance of the period served by him prior to enlistment.

(2)   If any master, upon the application of an apprentice who is entitled under the last preceding sub-section to resume his employment, refuses to re-employ him, he shall be guilty of an offence.

Penalty: Fifty pounds.

Motion (by Senator Elliott) agreed to:-

That the clause be amended by inserting after the word " amended " the following paragraphs: - "(d) by inserting after the word " apprenticeship", (wherever occurring), the words " or articles of service" ;

(b)   by inserting after the word "employment ", the words, " or service ";

(c)   by inserting after the word "apprentice" the words "or person serving under articles and ". (d)".







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