INDUSTRIAL LAW

Evening Post, Volume CXXI, Issue 140, 15 June 1936, Page 10

INDUSTRIAL LAW

/ FACTORIES ACT

LEGISLATION EXPLAINED

MINISTER'S STATEMENT

An' explanation of the Factories Amendment Act, 1936, as finally passed by Parliament was given today by the Minister of Labour (the Hon. H. T. Armstrong). The Act comes into operation on July 1, except in respect of the reduced working hours, which operate from September 1.

The Minister's explanation was as follows:—

Section 2.—This section is to bring places where one or more persons are employed within the definition of ' factory," thereby making them subject to the Factories Act.

Section 3.--This section restricts the hours of work in factoricfe io forty a week, eight a day, and 41 hours continuously without an interval of at least three-quarters of an hour for a nieal. Women and boys under sixteen are not to be employed on any Sunday, holiday, or half-holiday, nor between the hours of 6 p.m. and 8 a.m. Sub-section (4) enables a worker over 18 to be employed beyond the prescribed hours in. getting up steam for machinery or making preparation for the work of the factory for not more than ones hour, per day for which he is to be paid at ordinary rates. The Court of Arbitration is given power to fix longer hours than those prescribed by this Act in the case of any factory if, in the opinion of the Court, it would be impracticable to carry on efficiently the work of the factory under the 40-hour week, but any extension granted by the Court may not be beyond 44 hours. Under sub-section (6) laundries are exempted, special provision being made for these fac-, tories by section 7 of the Act. Subsection (7) provides for merely consequential amendment,s while sub-sec-tion (8) provides that the section shall not come into ooeration until September 1, • 1936.

Section 4—Provision is made here that, no worker shall be employed in a.dairy; factory or creamery on more than six days in any one week, but exemption is granted to factories and creameries in which no more than two workers are. regularly employed, special holiday provision being made in such cases, or payment in lieu thereof.

, Section 5.—-Section 21 of the principal Act prohibits the working of overtime by women and boys on any holiday or half-holiday and the effect of this clause is to extend such prohibition to Sundays. PAX'FOE OVERTIME. Section 6.—The rates of pay for overtime prescribed by' Section 21 of the principal Act are increased from time ■ and a quarter to time and a half, while the minimum rate is now fixed at Is 6d per hour. Persons employed in bUsh sawmills engaged solely at breaking down, logging, and sawing rough timber' were previously entitled to overtime payment only for overtime in cxcess of 48 hours a week. Sub-sec-tion (1) (b) reduces this period of 43 hours to the prescribed weekly maxi-

mum, the prescribed weekly maximum being defined in sub-section (4). Subsection^)—Section 26 of the principal Act contains special provisions relating to the employment of women and boys on holidays in milk preserving factories and the effect of this sub-section is to fix a minimum overtime rate of Is 6d per hour for such work. Under sub-section- (3) the meal allowance ,of Is prescribed by section 23 of the principal .Act-is increased to'ls 6d. Section 7.—Section. 20 of the principal' Act contains special provisions regarding the hours of employment and overtime in; laundries and the amendments made by this section are merely consequential on the fixing of a 40hour week and the increasing of the overtone rates. The general restrictive provisions prescribed by Section 21 of the 'principal Act • in regard to the working of overtime are applicable only to women and boys, but in the | case of laundries under Section 20 the restrictions apply to all persons engaged' in the work of the factory. Un- ■ der this, section:(section 7) the hours are reduced in the came way as under section 3, while the prohibition of overtime on holidays and half-holidays is extended also to Sundays, vide subsection (2) (a). The ordinary hours of . employment must be worked between B.in the morning and 6 in the evening (sub-section (2) (b)). Sub-section (2) f.c) increases the meal allowance from Is to Is 6d, while sub-sections (2) (d) and (e) increase the rate of overtime payment to-time and a half with a minimum of is 6d per hour. Sub-sec-tion (2) (f) is-merely consequential as • provision is made in section 3 (6) excluding laundries from the operation ' of section 3. Sub-section (3) applies to laundries , the, provisions of section 3 relating to getting up steam for machinery, etc., and application for exemption from the 40-hour week, while sub-section (4) postpones the operation of the 40-hour week until September 1, 1936. ONUS ON EMPLOYER. Section B.—-Wages are not to be reduced nor is any person to be dismissed merely by reason of any reduction or alteration of working hours in pursuance of the provisions of this measure. If any person has his wages reduced-or is dismissed after the commencement of the Act, the onus is placed on the employer of proving that such reduction or dismissal was not contrary to this section. . Section 9.—This is to provide that an employiee shall be entitled to payment for overtime even where such employee • has .' been ■ employed during extended • hours in breach of the provisions o) the Act. Section 10.—Under this section the Governor-General is empowered by Order in Council to apply the "sweat ,ing provisions of the Act to cases where work is let or given out to be done elsewhere than in the factory such work being in conncction with any specified class or classes of articles other than textile or shoddy material Section 11. The object of this sec tion is to ensure that work which is let or. given out by the occupier oi a factory shall be done in a regis tered factory, or if it is done elsewhere than in .a registered factory only bj a person who holds a licence grantee ' by the inspector for that purpose. Fae tory occupiers may not employ t greater number of such licensed out side workers than one for every ter 6r ■ fraction of ten persons employee in the factory. Licences are to oper ate only for a period not exceedin? twelve months and are to be grantee only to persons who are in necessitou: circumstances or who for special rea sons are unable to work in a factory and the inspector is to be satisfiee that the place where the work is don< is suitable and that the rate of re numeration is substantially equiva lent to or higher than the rate tha would be payable if the work wen done in the factory. A right of ap peal to a Magistrate is provided fo against the refusal of the inspecto to issue a licence to perform worl elsewhere than in a registered factory • Paragraphs (b), (c), and (el) of see ' tion 30 of the principal Act arc re

pealed as they will no longer be applicable under the amended provisions for the prevention of "sweating." MINIMUM BATES. Section 12. This section increases the present minimum rates of wages under section 32 of the principal Act from 10s a week with annual increments of 5s a week until a wago of 30s is reached to such rate as is agreed on, being not less than 15s a with half-yearly increments on the agreed rate of not less than 4s a week until the end of the third year, and thereafter not less than £2 a week. In determining the rate of payment due to any worker all periods of employment in any factory whatsoever will require to be taken into consideration. Section 33 (2) of the principal Act is consequently repealed. 1 Section 13. This adds Boxing Day and Anzac Day to the list of holidays in section 35 of the principal Act and provides that all persons employed in the factory shall receivc such holidays instead of as at present boys under 18 years of age and women. The amendment in sub-section U) is merely consequential. ! HOLIDAY PAYMENT. Section 14. This section provides for payment for the holidays prescribed by the Act and the periods for which the workers are required tobe employed before they are entitled to payment. Sub-section (3) provides for double rates where a worker is employed on any holiday, such payment being in addition to the ordinary payment for the holiday, and time and a half rates where a worker is employed on a half-holiday. Where the ordinary rate is by time and not by piece work a minimum of Is ud per hour is fixed. Special provision is made to meet the case of dairy factories and creameries in winch not more than two workers are regularly employed. Section 38 of the principal Act is consequentially repealed. Section 15. This section provides for the payment of special rates for Sunday work in factories. Section 16. There was previously no power in the Act for an to require an occupier to take any action to prevent any accident to the workers except in regard to machinery. This section will enable the inspector to call upon % the occupier to repair or safeguard any part of .the factory or any appli-j ance therein-or to remedy any defect i in the factory or in any machinery or appliance. Section 17. The period within which proceedings • for a brsach of ths Act may be taken has been extended from three months to six months. Section 18. Wool-dumping factories and low-temperature coal-carbonisa-tion factories are added to the list of seasonal industries which are exempt from the limits of working hours prescribed for male workers over 16 years of age. This, however, does not prevent the working hours for such workers in these industries from being prescribed in awards or agreements. Section 19. This section provides that all awards and industrial agreements are to be read subject to the provisions of the Act, but this is not to be construed to reduce rates of wages being paid pursuant to any award or agreement, or to increase working hours fixed by any such award or agreement.