ARBITRATION COURT.

Greymouth Evening Star, 23 February 1920, Page 5

ARBITRATION COURT.

ITS INTERPRETATION. In the matter of the Industrial Conciliation and Arbitration Act, 1903, and its amendments, and in the matter of the Westland Timber Yards and Sawmills' Award, an application was received by the Inspector of Avrards, Greymouth, for the interpretation of the said award dated 30th day of September, 1919, and recorded in the Book of Awards, vol. xx, page 1143, clauses 1 (a) and 2 (a). Clause 1 (a). — The minimum rate of wages shall be as follows, provided that any worker receiving- more than the said minimum at .the date of the coming into operation of the award shall not have his wages reduced so long as he remains i nhis present employment. Docker, with steam saw, if adult, 13s per day.

Clause 2 (a).—The hours _of work shall not exceed forty-eight in anv week.

Question: If a worker whose wages are fixed at a rate per da'-* works loes than a full day (eiafht hours) must the employer pay him a full day's wages ?

Answer: I]) ordinary circumstances where a daily wage is fixed by an award the daily wows must be paid nltliougdi the'full day is not worked.

If, however, it can be shown, as appears to be the ease in the preseu tinstance, that prior to the award bewing made there was a, well recognised and long-standing l custom to pay a worker only for the hours actually worked, although he was engaged at a dailv rate, then unless the award makes it clear that the custom is no longer to prevail, the award may and should be construed as subject to the existing custom, as it must be presumed that the parties contemplated that the custom should continue under Ihe award. The mere fixing of a daily rate by true award is not inconsistent with the continuance of the custom.