ALTERATIONS TO DOMINION LABOUR LAWS

Northern Advocate, 13 June 1936, Page 5

ALTERATIONS TO DOMINION LABOUR LAWS

t Special to “Northern Advocate.” o AUCKLAND, This Day. making Vital alter* ations to the existing industrial laws has been passed by the Government during the session just ended. It has rushed legislation, and many amendments were made between the introduction of the Bills and their final passage. Though general provisions were clear, certain sections requireg definition before they could be put into operation.

The ‘‘Northern Advocate” has now received copies of the explanatory note dealing with each section of the changed legislation under the Industrial Conciliation and Arbitration Amendment Act, 1936, the Factories Amendment Act, 1936, and the Shops and Offices Amendment Act, 1936, These notes set out the intentions of the Government in its altered laws. With the exception of the clauses dealing with the introduction of the 40-hour week, which, in the case of each Act, comes into operation on September 1, 1936, the Industrial Conciliation and Arbitration Act became law on June 8. The Factories Amendment Act and the Shops and Offices Amendment Act, with the exception of the clauses mentioned, come into force on July I.' v ~ Basic Wage Rates. After dealing with Section 2 of the Industrial Conciliation and Arbitration Amendment Act, which makes provision for the inclusion in awards of such things as the notification of starting and finishing hours, the employment of non-unionists and so on, the notes on this Act deal with the question of basic wage rates. It is set put that within three months of June 8, the court is required to fix basic rates for adult male and female workers in the industries covered by awards and agreements, the basic rate for .males to be such as would enable a man to maintain a wife and three children “in a fair and reasonable standard of comfort.” These rates are to be reviewed by the Court at intervals of not less than six months, and are to be based on the general economics and financial conditions affecting trade and industry in the Dominion, and also on the cbst of living. Only in special cases Where a permit is obtained, can less than the basic wage be paid. Formation of Unions.

Factories Act Changes,

The question of the formation and registration of unions is dealt with in six sections of the Act. Certain sec- ... tions of the principal Act have been . repealed, and it is now provided that ‘ where in any industry there is in existence a Union of employees or workers to which those concerned, could properly belong no other industrial union can be registered, except with the concurrence of the Minister. It is provided too, that New Zealand unions cannot be registered unless the applicant society has branches in at least four of the eight industrial districts in the Dominion. Where there are already one or more Unions established, and an application is made for a Dominion body, the registrar has to be satisfied that the ' majority of the members of the existing union are in favour of a Dominion organisation. Where a New Zealand union is registered, the existing registration will be cancelled, again with exceptions where the Minister is satisfied that a majority of members of any one union wish to retain their individuality. Existing awards and agreements will continue in operation, notwithstanding any such cancellation. With similar protective clauses, provision is made for the formation of a North or South Island union, covering two or more industrial districts. One of the most important sections is that restoring the rights of parties to have disputes >re- ....... ferred to the Arbitration Court for settlement if Conciliation Council proceedings do ivot result in a mutual agreement. Forty-Hour Week.

Under sections 20 to 22 the Government’s intentions regarding the institution of the 40-hour week are made clear. The hours are to be so fixed by the Court on and after September 1, except where xthe Court is satisfied that it would be impossible to carry on the industry efficiently with such a limitation of hours. Where it is thought impracticable to reduce hours to 40 a week, the hours are to be reduced to a maximum intermediate stage between the existing maximum and 40 hours. Where the hours exceed 40 the Court is required to indicate in- the award the grounds which make it impracticable to limit the hours to that figure, Saturday work is to be eliminated by the Court where practicable, and hourly or other rates of pay are to be increased so that the ordinarily weekly rate will not be affected by the reduction of hours. Other important clauses affecting the internal organisation of unions are those which require workers of 18 years or over, and workers under that age who are in receipt of adult minimum rates to become members of unions The clauses affecting compulsory unionism come into force automatically on July 8, and will be applied to all existing awards and agreements. Provision must be made by the Court conferring on union officials the right of entry on the employers’ premises. Union subscriptions are limited to 1/ a week unless a special meeting of the umon called for the purpose adopt a rule for a higher subscription. - • Important Alteration. Provision is made thatP™ ines brought by any inspector ot SSrd?°o? a breach an award ( or sSfe eme o n r‘ any Inspector of Sd^Ano.Lt•imp-tan, extends the period h an t, e •cesdinis An commenced fiom " _ nwpr to re'•'mspector is also give rkers under cover wages due to d 14 it awards. Under Sec * l °" go n may ap-is-provided that , a eJ r or partial Ply to the Court fo ement withexemption from an?“fifing of the m one manth of tffi e eeme nt must agreement, but the b , he Court’s be complied with. P en ° where the decision, except in c - j grant- I exemption had been previo

review of legislation passed during SESSION

~d. In such cases the exemption would continue to operate pending the Court’s decision. Under another section all awards and industrial agreements will be applicable to relief works, and to county councils and road boards. In still another it is made possible that where an award is binding on a majority of the employers concerned in any district, application can be made to extend the award by general order to cover all employers in the industry and district, without the necessity for their being cited specifically as parties.

Tlie amendments to the Factories Act differ from those contained in the new Industrial Conciliation and Arbitration Act in that, in addition to the general provisions, such as the 40hour week, it makes provision for particular industries. Dealing with the 40-hour week. Section 3 of the Act restricts the hours of work in factories to eight hours a day, and to 4£ hours continuously, without an interval of at least three-quarters of an hour for a meal. Provision is made, also that no worker can be employed in a dairy factory or creamery for more than six days in a week, but exception is granted to factories and creameries in which not more than two workers are regularly employed. In such cases, special holiday and pay provisions are being made. Incidentally, the definition of factory has been made to include any place where one or more persons are employed. Women and boys under 16 are not to be employed on any Sunday, holiday or half-holiday, or between the hours of six p.m. and eight a.m. Boxing Day and Anzac Day are added to the list of holidays, and it is provided that all persons employed in a factory shall receive such holidays, instead of, as at present, only boys under 18 and women. A worker over 18 can be employed for no more than one hour a day beyond the prescribed hour in getting up steam for machinery and making preparation " for work in the factory. For this he is to be paid ordinary rates. The Arbitration Court can fix longer hours if it is thought that it wopld be impracticable to work a 40-hour week, but any extension cannot be beyond 44 j hours.

Under Section 7, alterations have been made in the provisions affecting the employment in laundries, where previously there were excptions to the general rule regarding overtime and hours. Now the hours are reduced in the same manner as those fixed for other factories, and the prohibition of overtime on holidays and halfholidays is extended also to Sundays. Overtime Rates Increased. The ordinary hours of employment must be worked between 8 in the morning and 6 in the evening. Other sub-sections increase the rate of overtime payment to time and a half, with a minimum of 1/6 per hour, and increase the meal allowance from 1/ to 1/6. Wages may not be reduced nor is any person to be dismissed merely by reason of any reduction or alteration of working hours. The onus is placed on the employer of proving that such reduction or dismissal (if any occurs) was not contrary to this provision. Another clause provides that an employee is entitled to payment for overtime even when he has been employed during fextended nours in breach of provision of the Act.

! The Governor-General is empowerled, by Order-in-Council to apply the “sweating” provision of the Act in cases where work is let out or done other than in the factory, such work being in connection with any specified classes of articles, than textile or shoddy material. It is explained that the object of this section is to ensure that work that is let out is to be done in a registered factory, or by a person who holds a license granted by the inspector. Factories may not employ a greater number of licensed outside workers than one for every ten or fraction of ten persons employed in the factory. Licenses operating for a period of 12 months are to be granted only to persons, who, for special reasons, are unable to work in a factory and where the inspector is satisfied that the place where the work is to be done is unsuitable and that the rate of remuneration is substantially equivalent to or higher than the rate that would be paynidttftf the work were done in the The minimum now be paid has been increased to 15/,- a week, with half-yearly rises of not less than 4/- a week, until the end of the third year. Thereafter, not less than £2 a week is to be paid. In fixing the rate of wages of any worker, all periods of employment in any factory must be taken into consideration.

Shops and Offices Act. An important provision is made in Section 2 of the Shops and Offices Amendment Act, providing that employees in receipt of a wage of not more than £6 a week for males and £4 a week for females, are subject to all the provisions of the Act relating to shop assistants. This is intended, it is explained, to prevent the placing of junior workers in charge of small shops, thereby evading the provisions of the Act.

Fixing hours, the Act provides that a shop assistant may not be employed for more than 44 hours a week, and eight hours a day except on one day. when the employment may be for 11 hours; nor for more than 4J hours continuously, without an interval of one hour for a meal, nor after 12 noon, on that half-holiday. Assistants in certain cases can work up to five hours without a meal, provided that a 10-minute rest period is given. Provision is made also that butchers’ assistants shall not commence work before G a.m., instead of 4 a.m. as formerly.

When the Minister is satisfied that it is proper, assistant milk-roundsmen can commence work before the hour of 3 a.m. on special occasions, when an earlier starting time would be of advantage to both sides. The permission of the inspector has to be obtained before any overtime rates can be worked, and overtime rates have been increased frortx 9d and

1/- to 1/6 per hour, or time and a-half, whichever is the greater. No more than 60 hours overtime can be worked in any year. The minimum rates of wages are on the same basis as the Factories Amendment Act.

To overcome the present practice of premiums being asked for from learners in the ladies’ hair trade, a section has been inserted prohibiting the occupier of a shop from accepting a premium from any person whether a shop assistant or not, in respect of any tuition. Exception is made in the" case of schools, provided that written contracts are entered into between the parties, and the conditions are satisfactory to the chief inspector.

The definition of a restaurant and shop has been intended to include boardinghouses employing two or more assistants, with five or more boarders. Similar hours and conditions apply to hotel and restaurant emploj’ees and to shop assistants.