FROM JULY 1.

Auckland Star, Volume LXVII, Issue 173, 23 July 1936, Page 10

FROM JULY 1.

CUT RESTORATION. COMPREHENSIVE BILL. PROVISIONS OUTLINED. MANY SAFEGUARDS MADE. (By Telegraph.—Parliamentary Reporter.} WELLINGTON, Wednesday. Twenty-one of the 47 clauses of the Finance Bill, introduced in the House of Representatives to-day by GovernorGeneral's Message, contain provisions for the restoration, as from July 1, 1930, of all salaries and wages to the level that existed before the cuts were made in 1931. The bill is comprehensive in its scope and provision is made for dealing with anomalies that may arise.

The initial clauses deal with the restoration of salaries and wages to public servants. The term "salary" is defined as meaning the salary, wages, allowances, fees, commission and every other emolument, whether in one sum or several sums, and whether paid in money or not, received by any public servant. The term "salary" does not include travelling expenses or any fee, commission or other emolument which the Minister of Finance declares not to bo salary or any superannuation or other retiring allowance. The bill applies with respect to all salaries and allowances wliich, being expressly fixed by any Statute, were reduced by the operation of the Finance Act, 1931, or the National Expenditure Adjustment Act, 1932. The rates of all salaries and allowances to which the bill applies shall, on July 1, 1930. be restored to the rates in force immediately prior to April 1, 1931. Provision is made for the increasing of salaries fixed by classification schemes, but there is nothing to prevent any person for the time being in receipt of a classified rate of salary from receiving any further amount'that may be appropriated by Parliament or otherwise provided in respect of the office or position held by him.

The rates of pay for workmen employed oil construction work by the Public Works Department in accordance with the agreement with the Minister of Public Works'arc not affected. Public Servants. Persons who have become public servants as a result of the passing of the State Advances Corporation Act or the Broadcasting Act are not affected by the bill, but they _ may receive such increase in salary (if any) as the Minister of Finance may approve. The provisions of the bill apply to all persons, being employed either pcimanently or temporarily in any branch of the Public Service, Education Service or Railway Department, whose rates of salary are not fixed by statute or by a scheme of classification. Such persons are to receive an increase in salary which will have the effect of restoring their salary to the level existing as. at Maicli 31, 1031.

There is provision for the application of the bill to the Cook Islands and Samoan Public Services, the application to be brought about by Order-in-Council. A clause in the bill makes it plain that its operation is not to reduce the rate of the .salary payable immediately prior to July 1 in respect of any office or position. Provision is made for increased grants to education boards and to the governing bodies of other educational institutions in order to provide for any increase of salaries as a result of the operation of the bill.

The Governor-General is empowered to make regulations for the purpose of carrying out tlie provisions of the bill, and such regulations may provide for the adjustment of anomalies. Under Awards. In the second part of the bill provision is made for the restoration of the rates of remuneration payable under awards, industrial agreements, apprenticeship orders and contracts of service. This part also becomes operative on July 1, For the purposes of the bill an apprenticeship order means an order made hv the Court of Arbitration under the Apprentices Act, 102.'!, an award means an award of the Court of Arbitration under the Industrial Conciliation and Arbitration Act, an industrial agreement means an industrial agreement entered into under the Industrial Conciliation and Arbitration Act, 1925, and includes an agreement tiled with the clerk of awards under the Labour Disputes Investigation Act, 1913, rates of remuneration includes time and piecefvvork wages and other special payments. In cases in which any award, industrial agreement or apprenticeship order was in force on the taking effect of the general order of the Arbitration Court on May 29, 1931, the rates of remuneration li.ved by such award, industrial agreement or apprenticeship order prior to the taking effect of the general order shall be deemed to be restored as from July 1. Where any award, industrial agreement or apprenticeship order to which the bill applies was not in force on the taking effect of the general order, but is in substitution or replacement of an award, agreement or order that was then in force, the rates of the remuneration fixed by the new award, agreement or order (in so far as they are* less than the corresponding rates fixed by the original award, agreement or order) shall, on July 1, bo deemed to be increased so as to equal the corresponding rates fixed by the original award, agreement or order. In the event ot any question arising as to the remuneration to be paid the matter shall, in the absence of agreement 'between tlie parties concerned, be submitted by the Minister of Labour to a conciliation commissioner whose decision shall be final. In the determination of any question submitted to him tlie conciliation commissioner shall endeavour to ensure, as far as practicable, that the earnings of any worker employed under the now agreement, award or order shall not be less for any week than the earnings he would have been entitled to receive if in that week he had been employed under the conditions prescribed by the original award, agreement or order before the taking cTa;'. of the general order.

Any Industry. Another section of the bill provides for the restoration of the rates of wages of workers employed in any industry that was formerly subject to an award or industrial agreement, but is not now subject to an award or agreement. In ti'iis "case, wages are to he restored to the corresponding rate that was originally provided for in the award or agreement. failure to comply with this section will render the employer liable to the same penalties as if he had committed a breach of an award or industrial agreement.

Provision is made for the restoration of the rates of wages payable under contracts of service that are not covem by awards or industrial agreements, it any person employed under a contract of service was, on March 31, 19.51, employed by the same employer in work of the same kind, or of substantially tlO same kind, his rate of remuneration, n less than the rate payable as at March 31, 1931, shall, as from July 1, he restored to the 1931 rate. In every other ease, every worker employed under an\ contract of service, shall, as from July 1, be entitled in respect of his services to receive a rate of remuneration not less'than the rate that would have boon payable in respect of the same services Oil March 31, 1931. If any question arises as to the rate of remuneration to which any person is entitled it shall be determined by a stipendiary magistrate on application made by the employer or the worker, or by ail inspector of factories. If, in any case, any employer pays to any worker employed by him i in respect of any period of employment after July 1, less than the rate of remuneration to which the worker is entitled, the amount in* respect of which default is made may be recovered as if it were payable under an award or industrial agreement. No Reduction. Nothing in the bill is to operate so as to reduce any rates of remuneration payable in accordance with any award, agreement, apprenticeship order, or contract of service immediately before July 1. Every employer, whether bound by any award, industrial agreement, or not, who, at any time after the passing of (he Act, dismisses any worker from his employment by reason of the fact that the worker is entitled under the Act or the Industrial Conciliation and Arbitration Ainenrment Act, 1930, to an increase in the rate of his remuneration or to a reduction of hours, or to any other benefit, shall be liable to a penalty not exceeding £2.">. In any proceedings for the recovery of such penalty, the burden of proving that the dismissal of 1 any such worker was not in contravention of the Act is to lie on the employer.