LABOUR LAWS

Poverty Bay Herald, Volume LXIII, Issue 19023, 25 May 1936, Page 5

LABOUR LAWS

THE ! NEW LEGISLATION /measures heviewed '" -BASIC WAGE RATES f - :; RESTRICTION ON HOURS <&U •'"..,_ (y»riiamentary Reporter.) /. .;.' "WELLINGTON, this day. ■ ;Th,e Government's thoroughgoing alterations 'to the labour lawa this session have been so much criticised that itHs difficult for any-but those with final copies of the measures in their possession) to 'say exactly what "is the liW'pf, the .land. ■ :,, ,•' : ' ",To;begin with, although three measures ha-ve 'been before the public, only one is so far an actual Statute, namely, the Industrial Conciliation and Arbitration Amendment Act, which has passed fifth branches of the legislature, having tyien : amended in its, final stage. -Leaving out of the question the Factories Act .Amendment and Shops aucf QflSces Act Amendment, .which. complete jihe trio of amended labour laws, a survey will be made of the Arbitration Act as it emerged finally from the legi»lature., Its outstanding feature is the revival ol'the compulsory principle in the settlement of labour disputes. In some respects the Act goes much further than its predecessor, for it throws an ppUB on the employer to prove that a Statutory direction to the court is not practicable in the industry—it is not for ifie worker to make any application, because the law will operate automatically unless the employer can prove his case.

GUIDANCE FOE COURT

"A basic'rate of wages haa to be fixed by-jthe court of its own motion within three' months of passing the Act, to apply to all adult male workers employed'in. any industry to which any award or industrial agreement relates. The court shall by a similar order within the same time, fix a basic rate for all female workers. This rate is subject to amendment at intervals of not less than six months, either by the court's initiative, or on the application of employers or employees.* ..As a guide to the intentions of the legislature the court is directed that the, basic rate shall be such as would • be sufficient, to enable a man to maintain a • wife and three children in a fair and reasonable standard of comfort. Nb such, basis is indicated! in respect 'til!', female V. workers. The court is also empowered in reaching its basic wage to have regard to the general economic and financial conditions H«n affecting trade and industry, the Jfctty'-qf living, and any fluctuations ;therein since the last order, if any, has •ifwn,mad'e.; ?£.The/.former system of under-rate permits will be maintained. W THE 40-HOUR WEEK

The 40-hour week is to be made general for work under awards or agreements "unless in the opinion of the court, after hearing representatives of the employers and workers, it would be impracticable to carry on efficiently any industry to which the award relates if the working hours were so limited." An important last-minute amendment makes ?t}Se,"date Tor' commencement df',this big iAiJjbyation September 1 next. .Overtime .JKnot ruled out, but the Act is specific Chat, any reduction, of hours due to the reduction in the working week shall ijot cause any diminution in rates of pay. The aim of the legislation is to bring in a five-day factory week, the court being asked to endeavour to fix hours to this end, a provision which is not precisely mandatory.

'; •!According to the Minister of Labour, wherever practicable, the court must concede,the 40-hour week, but he told ihe House that there are perhaps- a few industries in. .the. country where it is impossible to say to them, "Start work at 1 8 o'clock on Monday morning, and finish at 5. o'clock on Friday night." The onus* is on the employer to show that «the provision is impracticaWe in his industry, otherwise it. will operate automatically on general order. "A principal "feature of this Act" declared the same authority, "is that it gives a direction to the court to act."

■ Compulsory preference to unionists is another important provision, only modi-i fied in such cases as the waterside workers' organisations which have a limited .membership. When there is more work than can.be done by the membership, outsiders may be-employed for a time limited .by the, special circumstances.

: ': r EXEMPTIONS FROM AWARDS -There,are over 30 clauses in the Act, but many of them relate to administrative details. Their general effect is to improve the status and rights of trades niuohfjits, and of industrial associations of .employers, the Minister of Labour during a .discussion on this point giving hiis opinion that if the employers ever ask for pre'ferehce'in respect to their own organisations they will get it. Dominion-. wide organisations of workers and Dominion awards will be facilitated' by the new legislation.

Many interesting questions of interpretation are likely to arise over the legislation. For instance it was argued by many members that the Act would give power to organise domestic servants, and to permit union secretaries •to enter private homes to see that conditions are observed. However, the clause around which this point centred was deleted before the bill passed, so that the position remains as it was prior to the amendment.

. Persons who are not employed for the pecuniary gain of their employer are jiot. subject to any award or agreement, ;therefore, although it might be possible to organise a domestics union—apart front the existing body which deals with ."hotels, restaurants and private hotels. ,Ita members would have to demonstrate to the court that in private houses they are employed for the pecuniaiy gain of their employers, a point which has not hitherto been advanced to the court.