NEW INDUSTRIAL LAWS EXPLHSED.

Auckland Star, Volume LXVII, Issue 139, 13 June 1936, Page 12

NEW INDUSTRIAL LAWS EXPLHSED.

SEEN AT A GLANCE. % WAGES AND HOURS. DEFINITION CF CLAUSES. LEGISLATIVE AMENDMENTS. Legislation making vital alterations to the existing industrial laws has been passed by the Government during the session just ended. It was rapid legislation, and many amendments were made between the introduction of the bills and their final passage. Though general provisions wsre clear, certain sections required definition before they could be put into operation.

The "Star" has now received copies of the explanatory notes dealing with 2aeh section of the changed legislation under the Industrial Conciliation and Arbitration Amendment Act. 193 G. the Factories Amendment Act. 1931), and the Shops and Offices Amendment Act, 1930. These notes set out the intentions of the Government in its altered laws. With the exception of the clauses dealing with the introduction of the 40-hour week, which, in the case of each Act, comes into operation on September 1, I.C. and A. Amendment* Act became law on June S. The Factories Amendment Act and the Shops and Offices Amendment Act, with the exception of the clauses mentioned, come into force on July 1. Basic Wage Rate. After flealinjj with Section 2 of the I. C. and A. Amendment Act, which makes provision for the inclusion in awards of such things as the notification of starting and finishing hours, the employment of non-unionists, and so on, the notes on this Act deal with the question of basic wage rates. It is set out that within three months of June S the Court is required to fix basic rates for adult male and female workers in the industries covered by awards and agreements, the basic rate for males to he such as would enable a man to maintain a wife and three children "in a fair and reasonable standard of comfort." These rates are to be reviewed by the Court at intervals of not less than six months, and are to he based on the general economic and financial conditions affecting trade and industry in_ the Dominion, and also on the cost of living. Only in special cases wheTe a permit is obtained can less than the basic wage be paid. Formation of Unions. The question of the formation and registration of unions is dealt with in six sections of the Act. Certain sections of the principal Act have been repealed and it is now provided that where in any industry there is in existence a union of employers or workers to which those concerned could properly belong, no other industrial union can be registered except with the concurrence of the Minister. It is provided, too, that New Zealand unions can now be registered providing the applicant society has branches in at least four of the eight industrial districts of the Dominion. Where there are already one or more unions established, and an application is made for a Dominion body, the registrar has to be satisfied that the majority of the members of the existing unions are in favour of a Dominion organisation.

Where a New Zealand -union is registered, the existing registrations will be cancelled, again with exceptions where the Minister is satisfied that a majority of members of any one union wish to retain their individuality. Existing awards and agreements will continue in operation notwithstanding any such cancellation. With similar protective clauses provision is made for the formation of a North or South Island union, covering two or more ; industrial districts.

One of the most important sections is that restoring the right of parties to have disputes referred to the Arbitration Court for settlement if Conciliation Council proceedings do not result in a mutual agreement. Forty-hour Week. Under sections 20 to 22 the Government's intentions regarding the institution of the 40-hour week are made clear. The hours are to be so fixed by the Court on and after September 1, except where the Court is satisfied that it would be impossible to carry on the industry efficiently with such a limitation of hours. Where it is thought impracticable to reduce hours to 40 a week the hours are to be reduced to a maximum intermediate stage between the existing maximum and 40 hours. Where the hours exceed 40 the Court is required to indicate in the awards the grounds which make it impracticable to limit the hours to that figure. Saturday work is to be eliminated by the Court where practicable, and hourly and other rates of pay are to be increased so that the ordinary weekly rate will not be affected by the reduction of hours. Other important clauses affecting the internal organisation of unions are those which require workers of 18 years or over, and workers under that age who are in receipt of adult minimum rates, to become members of unions. The clauses affecting compulsory unionism come into force automatically on July 8, and will be applied to all existing awards and agreements. Provision must be made by the Court conferring on union officials the right of entry on the employers' premises. Union "subscriptions are limited to 1/ a week, unless a special meeting of the union called for the purpose adopts a rule for a higher subscription.

Coverage of Awards. Provision is made that any proceeding brought by any inspector of awards for a breach of an award or agreement can be continued by the same or any other inspector of awards. Another important alteration extends the period which proceedings for such a breach can be commenced from six months to twelve months. An inspector is also given power to recover wages due to workers under awards. Under sections 13 and 14 it is provided that any person may apply to the Court for total or partial exemption from anv agreement within one month of the filing of the agreement, but the agreement must be complied with pending the Court's decision, except in cases where the exemption' had been previously granted. In such cases the exemption would continue to operate pending the Court's decision.

Under another section all awards and industrial agreements will be applicable to relief works, and to county councils and road boards. In still another it is made possible -that, where an award is binding on a majority of the employers concerned in any district, application can be made to extend the award by general order to cover all employers in the industry and district without the necessity for their being cited specifically as parties. Factories Amendments. The amendments to the Factories Act (1 iHer from tW>se contained 111 the new T.C. and A. Act, in that in addition to the general provisions, such as the 40hour week, it makes provision for particular industries. Dealing with the 40-hour week, section 3 of the Act restricts the hours of work in factories to eight a day, and to four and a half hours continuously without an interval of at least three-quarters for a meal. Provision is made aiso that no worker can be employed in a dairy factory or creamery on more than six days in a week, but exemption is granted to factories and creameries in which not more than two workers are regularly employed. In such cases special holiday and pay provisions are being made. Incidentally the definition of "factory" has been made to include any place where one or more persons are employed.

Women and boys under 10 years are not to be employed 011 any Sunday, holiday, or half holiday, or between the hours of 0 p.m. and 8 a.m. Boxing Day and Anzac Day are added to the list of holidays, and it is provided that all persons employed in a factory shall receive such holidays, instead of as at present only boys under IS years and women. A worker over 18 can be employed for not more than one hour a day beyond the prescribed hours in getting up steam for machinery and making preparations for work in 'the factory. For this he is to be paid ordinary rates. J lie Arbitration Court can fix longer hours if it is thought that it would be impracticable to work a 40-hour week, but any extension cannot be beyond 44 hours. Under section seven alterations have been' made in the provisions affecting the employment in laundries, where previously there were exemptions to the general ruling regarding overtime and hours. Now the hours are reduced m the same those fixed for othei factories and the prohibition of overtime on holidays and half holidays is extended aiso to Sundays. llic ordinary hours of employment must be worked between eight in the morning and six in the evening. Other subsections increase the rate of oveitime payment to time and a half, with a minimum of 1/0 per hour and increase the meal allowance from 1/ to i/u. mav not be reduced, nor is any person to be dismissed merely by reason of any reduction or alteration of working hours. The onus is placed on the employ,t of proving that such reduction or dismissal (if any occur-) was not contrary to this provision. Another clause provides that an employee is entitled to payment for overtime even where lie lias been employed during extended hours in breach of provisions of the Act. Prevention of "Sweating. The Governor-General is empowered bv Order-in-Counoil to apply the ' sweatprovisions of the Act in cases where work is let out or done other than in the factory, such work being in connection with any specified classes of .articles other than textile or shoddy materials. It is explained that the object of this section is to ensure that work that is let out is to be done in a registered factory or by a person who holds a license granted by the inspector. Factories may not employ a greater number of licensed outside workers than one for every ten or fraction of ten persons employed in the factory. Licenses, operating for a period of twelve months, are to be granted only to persons who for special reasons are unable to work in a factory, and where the inspector is satisfied that the place where the work is to be done is suitable and that the rate of remuneration is substantially equivalent to or higher than the rate that would be payable if the work were done in the factory. The right of appeal to a magistrate is provided for against the refusal of the inspector to issue a license.

Minimum Wage Rates. The minimum wage that can now he paid has been increased to 15/ a week with half-yearly rises of not less than 4/ a week until the end of the third year. Thereafter not less than £2 a week is to be paid. In fixing the rate of wages of any worker, all periods of employment in any factory must be taken into consideration. Where a worker is employed on a holiday, he must be paid double rates in addition to the ordinary payment for the holiday, and he must be paid time and a half rates where employed on a half-holiday. A minimum of 1/6 an hour is fixed for other than piecework. Special provision is made to meet the case of dairy factories and creameries in which not more than two workers are regularly employed. In the new special provisions, in order to prevent accident power is given for an inspector to call on the occupier of any factory to repair or safeguard any part of a factory, any appliance or defect in the factory, or any machinery. AVool dumping factories and low temperature coal carbonisation factories are added to the list of seasonal industries and are exempt from the limits of working hours prescribed for male adult workers, subject to awards or agreements. The period within which proceedings for the breach of an Act may be taken has been extended from three months to six months. Snujll-shop Managers. An important provision is made in Section 2 of the Shops and Offices Amendment Act providing that occupiers in receipt of a wage of not more than £0 a week for males and £4 a week for femalqs are subject to all the provisions of the Act relating shop assistants. This is intended, it is explained, to prevent the placing of junior workers in charge of small shops, thereby evading the provisions of the Act.

Fixing hours, the Act provides that a shop assistant may not be employed for more than 44 hours a week arid 8 hours a day except on one day when the employment may be for 11 hours, nor for more than 4i hours continuously without an interval of 1 hour for a meal, nor after 12 noon on the halfholiday. Assistants in certain casee can work up to 5 hours without a meal provided that a 10-minute rest period is given. Provision is made also that butchers' assistants shall not commence work before fi a.m. instead of 4 a.m., as formerly. Where the Minister is satisfied that it is proper, assistant milkroundsmen can commence work before the hour of a.m. on special occasions, where an earlier starting time would be of advantage to both sides.