DRIVERS' AWARD

Evening Post, Volume CXXVII, Issue 90, 18 April 1939, Page 8

DRIVERS' AWARD

ROAD CONSTRUCTION

WEEKLY HOURS OF WORK

Reserved decision has been given by the Industrial Magistrate, Mr. J. A. Gilmour, on an interpretation of the New Zealand Motor and Horse Drivers' Award sought by the inspector of awards at Auckland. The question was what number of hours con - sttutes an ordinary week's work for drivers employed on road construction by road contractors, and it arose from a contract 'job in the Auckland district.

Except where otherwise specifically provided a week's work under the Drivers' Award is not to exceed 44, and under the Northern Industrial Dis?; trict Builders, Contractors, and, General Labourers' Award the ordinary hours of work for workers employed on road and/or bridge work outside the city of Auckland are not to exceed 40 a week.

It was contended on behalf of the employers that the driving industry was the dominant and all-in}portant part of the road contractor's business, and that the employment of drivers must be governed by the drivers' award.

In his judgment Mr. Gilmour said that while admitting the logic of this argument, he finds himself unable to agree that the weekly hours of the drivers in question are 44 a week as fixed by the Drivers' Award, in view of the wording of the proviso to clause 2a of the award, wherein it is provided that "in the case of drivers employed in industries or by establishments where any lesser number of hours per week is in operation by order of the Court ... the weekly hours of work for these drivers shall be such

lesser number of hours. . . ." Mr. Gilmour held that road construction was an industry for the purpose of the Act and the Drivers' Award, and that the drivers in question are employed in the road constructing industry. The road constructing industry was an industry in which, a lesser number of hours than 44 a week was in operation, and he was of the opinion that the ordinary weekly hours of work of drivers employed on road construction were the hours prescribed by the Labourers' Award.