RULING SOUGHT

Auckland Star, Volume LXXII, Issue 107, 8 May 1941, Page 10

RULING SOUGHT

AWARD PROVISIONS MACHINERY BREAKDOWN What effect the Factories Act had on the provisions of certain awards was discussed in proceedings in the Arbitration Court yesterday, the matter at issue heing whether an employer was liable to pay wages for a period of stoppage of work caused by a breakdown of machinery. The inspector of awards, Mr. G. Brown, took action against Browne Brothers and Geddes, Limited (Mr. H. J. Hislop), claiming that the firm had committed a breach of the biscuit and confectionery workers' award by paying adult women workers less than the minimum amount prescribed by the award. It was agreed that the proceedings were in the nature of a test case, as both parties wished to know where they stood. As outlined, the facts were that last October the defendant company's factory was closed for two days on account of a breakdown of machinery, and for that week the company deducted two days' pay. The workers mentioned in the information received £1 11/6 instead of the full £2 12/6. Mr. Brown submitted that the award was quite clear that the only grounds on which deductions could be made were sickness or default of the worker. Mr. Bishop said that the award must be read subject to the provisions of the Factory Act, which permitted such deductions as the company had made. Mr. Brown said the award would still be read subject to the Act, provided compliance with the award did not involve a breach of the Act. The Court reserved decision.