FACTORS MANAGERS.

Hawera Star, Volume XLVI, 24 May 1927, Page 5

FACTORS MANAGERS.

IMPORTANT RULINGS

At the recent sitting of the Arbitral tion Court in New Plymouth, the Inspector of Awards (Mr G. R. A. Whiting) asked for rulings on important questions concerning clause two of tne Taranaki creameries, cheese and butter factories and <lairy employees’ award. These have -been supplied by Mr Justice Frazer, and are as follow: Paragraph a, section 3, of the clause states: Where manager and six to nine hands are employed: First -assistant or butter-maker, £5 3s 6d per week; second assistant, £4 17s 6d per week; 'all others, £4 Is per week. The question for an opinion was: Can -a general manager, who is not actually employed in the butter factory, be classed' as the manager under the above-mentioned clause; or should the manager be a person employed the whole of his time in the butter room? “The answer to the question in .the form in which it is put is no in each case,” says his- Honour Mr Justice Frazer. “If a general manager who devotes part of his time to the general supervision of other factories, .is substantially employed as the manager of one factory, he may properly be classed as the manager of that factory. It is purely a question of fact.” Paragraph b, section 1, of the clause states: Where 10 vats or over are in use, first assistant £5 3s 6d per week, second assistant £4 17s 6d‘ per week, third assistant £4 10s 6d per week, fourth assistant £4 5s 6d per week, all others £4 Is per week. The questions for an opinion were: (1) Should 1 the first and second assistants in a factory in which 10 vats are installed be paid- the rates provided in the clause at" the commencement of the season, when only three or four vats may he working? (2) Can a worker who is in charge of the separator at a 10-vat cheese factory, and who- does not -work about the vats, be classed as the third assistant under the clause?

"The rates to he paid to first and second assistants are based on the maximum number of vats in use during the season,” says His Honour in reply to the first part. “In general, this number will be the maximum number in use during the previous season. If, however, owing to the establishment' of a new factory in the vicinity, or a prospective fall in the quantity of supplies, it is anticipated that the maximum will be less than that of the previous season, the company is at liberty to pay on the basis of the maximum number of vats that it expects to have in use during the flush of the season. If that number is exceeded, the arrears of wages mustbe made up. This interpretation is in accordance with the custom that lias been recognised for many years in other districts.”

Yes, is given as His Honour’s reply to the second part. “The award does not specify the capacity in which any assistant is to be employed, but merely sets out the number of graded assistants to be employed,” he adds. . ;