labour and industry act 1958. an act to consolidate the

1958. Labour and Industry. No. 6283

No. 6283.

LABOUR A N D INDUSTRY ACT 1958.

An Act to consolidate the Law relating to the Ministry of Labour and Industry, Industrial Matters and the Supervision and Regulation of Factories Shops and other Premises.

[30th September, 1958.]

BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and

die Legislative Assembly of Victoria in this present Parliament assembled and by the authority of die same as follows (that is to say):—

1. This Act may be cited as the Labour and Industry short atie Act 1958, and shall come into operation on day to be fixed m f ST by proclamation of the Governor in Council published in the divtaton-Government Gazette, and is divided into Parts and Divisions as follows:—

Part I.—Introductory ss. 3-7.

Part II.— f Division 1.—The Department ss. Administration •! 8-14. ss. 8-19. I Division 2.—General ss. 15-19.


Part HI.— Industrial Tribunals ss. 20-48.

Division 1.—Constitution of Wages Boards ss. 20-29.

Division 2.—Powers of Wages Boards ss. 30-33.

Division 3.—Determinations ss. 34-41. Division 4.—Industrial Appeals Court

ss. 42-48.

Part IV.— Registration of Premises ss. 49-55.

Part V.— Factories ss. 56-77.

Division 1.—Conditions in Factories ss. 56-65.

Division 2.—Outside Workers ss. 66-69.

Division 3.—Females and Young Persons ss. 70-73.

Division 4.—Hours of Work ss. 74-77.

Part VI.— Shops ss. 78-98.

Division 1.—Introductory ss. 78-79. Division 2.—Trading Hours, General

ss. 80-83. Division 3.—Trading Hours in

Metropolitan District ss. 84-87. Division 4.—Trading Hours outside

Metropolitan District ss. 88-90. Division 5.—General ss. 91-98.

Part VII.— Various Trades ss. 99-121.

'Division 1. Carriage of Goods ss. 99-101.

Division 2.—Bread ss. 102-106. Division 3.—Meat ss. 107-108. Division 4.—Milk s. 109. Division 5.—Watchmen s. 110. Division 6.—Billposting s. 111. Division 7.—Stamping Furniture ss.

112-121.

Part VIII.— Places and Conditions of Employment ss. 122-173.

Division 1.—Places of Employment ss. 122-127.

Division 2.—Conditions of Employment ss. 128-141.

Division 3.—Annual H o l i d a y s ss. 142-149.

Division 4.—Long Service Leave ss. 150-164.

Division 5.—Apprentices and Improvers ss. 165-173.

1958. Labour and Industry. No. 6283 413

Part IX.— Safety Provisions ss. 174-185.

Division 1.—Machinery Guards, Precautions against Accidents, &c. ss. 174-181.

Division 2.—Steam Engines and Boilers ss. 182-184.

Division 3.—White Phosphorus s. 185.

Part X.— General and Supplementary ss. 186-207.

'Division 1.—Inspections ss. 186-188. Division 2.—Legal Proceedings ss.

189-199. Division 3.—Offences and Penalties

ss. 200-205. .Division 4.—Regulations ss. 206-207.

2. (1) The Acts mentioned in the First Schedule to the Repeal, extent thereby expressed to be repealed are hereby repealed schedule, accordingly.

(2) Except as in this Act expressly or by necessary implication provided—

(a) all persons things and circumstances appointed or created by or under any of the repealed Acts, or existing or continuing under any of such Acts immediately before the commencement of this Act, shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed ;

(6) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation by-law order rule application determination declaration petition direction registration licence permit certificate exemption approval nomination appointment notice fee transfer suspension record recognisance proceeding appeal liability or right made issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

PART I.—INTRODUCTORY.

3. (1) In this Act unless inconsistent with the context or interpretation, subject-matter— NO. 5771 s. 3.

" Appointed date of transfer " with respect to any Act or " Appointed enactment the administration of which or any power tSSSw." or duty under which is transferred pursuant to this

VOL. IV.—14

414 1958. Labour and Industry. No. 6283

" Appreo-

" Board of Reference."

' Bread.'

" By-law."

" Chief Inspector."

•Chfld.'

"Cooked meat." " Council."

" Department."

" Determination."

' Division.'

' Factory."

Act to the Minister of Labour and Industry means the date on which in each particular case the administration of such Act or enactment or such power or duty is so transferred.

Apprentice" means any person of not more than twenty-one years of age bound by indenture of apprenticeship or any person over twenty-one years of age who with the sanction of the Secretary is bound by indenture of apprenticeship.

' Board of Reference" means a Board of Reference constituted pursuant to a determination of a Wages Board under this Act

' Bread" includes not only bread made in accordance with the requirements of the Bakers and Millers Act 1958 but also bread containing fat or malt or sugar or any product or by-product of malt or sugar or any other ingredient whatsoever, and whether in the form of loaves or rolls or in any other form, but does not include buns scones or crumpets.

' By-law " means by-law under this Act. ' Chief inspector " means the chief inspector of factories

and shops under this Act. ' Child " means-

Co) until the day fixed by proclamation under section three of the Education Act 1958— a boy under the age of fourteen years or a girl under the age of fifteen years ;

(b) on and from such day—a person under the age of fifteen years.

' Cooked meat " includes sausages of all kinds. ' Council " means the council of any municipality. ' Department" means the Department of Labour and

Industry under this Act. ' Determination" means determination of a Wages

Board or of the Industrial Appeals Court. ' Division " means Division of a Part. ' Factory" means any premises or place where any

manufacturing process is carried on and where— (a) two or more persons are directly or indirectly

employed in such process (whether on their own account or behalf or for hire or reward) ; or

(b) if— (i) any Chinese person is so employed;

or


(ii) steam water gas oil or electric power (exceeding one-half horsepower) is used in any manufacturing process ; or

(iii) any goods made of bamboo or wicker or any prescribed substitute therefor or any furniture is prepared or manufactured ; or

(iv) any process is used involving mixing or pasting or smelting in connexion with the manufacture or repair of electric accumulators or involving the use of a compound of lead ; or

(v) any bread or pastry is made or baked for trade or sale or any confectionery or cereal food for human consumption is prepared or manufactured for trade or sale; or

(vi) fish or poultry are prepared for trade or sale by wholesale—

one or more persons is so employed— and includes any premises or place where electricity is generated or mechanically transformed for the supply of heat or light or power or where coal gas is made and any clay pit or quarry worked in connexion with and occupied by the occupier of any pottery or brickyard ; but does not include any part of a poultry farm where poultry are not dressed for trade or sale by wholesale or the premises of an outside worker who is licensed under this Act.

"Farriers' work-shop" means any place (other than a - Farriers- n race-course) where horses are shod by a farrier in work'shop-" the course of his business.

" Footwear " means boots shoes slippers and sandals. " Footwoar.-" Furniture " means furniture of which wood forms a part - Fumtture."

and such as is usually made by cabinet-makers chair and couch makers upholsterers wood carvers or or wood turners.

" Government department" includes any Government " Government department other than the Department of Labour de')aitment-" and Industry and also (if the case so requires) any responsible Minister of the Crown for the time being administering a Government department.


' Guard."

' Handicraft.'

' Improver."

' Inspector '

' Laundry."

" Manufacturing process."

" Manufacturing."

" Minister."

" Municipality."

" Occupier.'"

' Part."

' Prescribed."

"Proclamation."

" Public holiday."

" Regulation.5

" Schedule."

" Secretary.'

" Guard " includes fence. " Handicraft" includes any work whatsoever done in any

laundry or dye-works and whether or not done in preparing or manufacturing articles for trade or sale.

" Improver " means any person (other than an apprentice) who does not receive a piecework price or a wages rate fixed by any determination for persons other than apprentices or improvers and who is not over twenty-one years of age or who being over twenty-one years of age holds a licence from the Secretary to be paid as an improver.

" Inspector" means an inspector of factories and shops under this Act and includes the chief inspector and the assistant chief inspector.

" Laundry " does not include any institution or place in which the only persons employed are—

(a) inmates of any gaol juvenile school or other institution for the time being subject to inspection under any Act other than this Act; or

(b) inmates of an institution conducted in good faith for religious or charitable purposes.

" Manufacturing process" includes any handicraft or process in or incidental to the making assembling altering repairing renovating preparing ornamenting finishing cleaning washing or adapting of any goods or articles or any part thereof for trade or sale or gain or for purposes ancillary thereto, and " Manufacturing " has a corresponding interpretation.

" Minister " means the Minister of Labour and Industry under this Act or any Minister for the time being acting for or on behalf of the Minister.

" Municipality " includes the City of Melbourne and the City of Geelong.

" Occupier " of premises includes any person who is the employer of persons working at any trade usually carried cm therein.

" Par t" means Part of this Act. " Prescribed" means prescribed by this Act or the

regulations. " Proclamation " means proclamation of the Governor in

Council published in the Government Gazette. " Public holiday " means public holiday appointed by or

under the Public Service Act 1958. " Regulation " means regulation under this Act. " Schedule " means Schedule to this Act. " Secretary " means the Secretary to the Department.


" Shopkeeper."

" Trade."

" Wanes Board."

" Warehouse."

' Week."

" Making of bread."

" Shop" means any building or place or portion of a •• shop.* building or place or any stall tent vehicle or pack in which goods are exposed or offered for sale by retail, and includes any rooms of hairdressers or barbers, boot repairers' shops, farriers' work-shops, the rooms of dyers and clothes cleaners commonly known as dyers' shops and clothes cleaners' shops and of agents of any such dyer or clothes cleaner, lending libraries, undertakers' establishments and the rooms of tailors or photographers.

" Shopkeeper " means the occupier of a shop and includes a hawker or pedler.

" Trade " includes process trade business and occupation. " Wages Board " means Wages Board appointed under

this Act or any corresponding previous enactment. " Warehouse " means any building or portion of a building

or place in which goods are sold or offered for sale by wholesale.

" Week " means the period between midnight on Saturday night and midnight on the succeeding Saturday night.

(2) For the purposes of this Act each of the following acts shall be deemed to be the making of bread :—

(a) The dividing of bread dough ; (b) The weighing of bread dough ; (c) The kneading or moulding of bread dough ; (d) The placing of bread dough in boxes or tins or on

trays. (3) For the purposes of this Act each of the following acts

shall be deemed to be the baking of bread :— (a) The setting of dough in the oven; (b) The withdrawal of bread from the oven.

(4) (a) For the purposes of this Act the municipal districts "Metrc-of Box Hill Brighton Brunswick Camberwell Caulfield Coburg dPstrS." Collingwood Essendon Fitzroy Footscray Hawthorn Heidelberg (except the North ward) Kew Malvern Melbourne Moorabbin Northcote Nunawading Oakleigh Port Melbourne Prahran Preston Richmond Ringwood Sandringham South Melbourne St. Kilda Sunshine and Williamstown and the Broadmeadows and Campbellfield wards of the city of Broadmeadows and the Doncaster and Templestowe ridings of the shire of Doncaster and Templestowe and the lands vested in The Melbourne Harbor Trust Commissioners shall form one district to be called the Metropolitan District.

(b) The Governor in Council may by proclamation extend the Metropolitan District by including within the Metropolitan District any adjoining municipal district or portion thereof.

" Baking ol bread."


" Process trade business or occupation."

(5) The expression "process trade business or occupation" or any expression including one or more of such words when used in this Act or in the determination of a Wages Board refers either to the process or trade or business or occupation of the employer or to that in which the employe is employed or to both as the case requires.

Application of Act. No. 5771 s. 4.

4. Except as otherwise expressly provided this Act shall apply throughout Victoria.

Water boundaries of municipalities. No. 5771 s. 5.

5. Where any municipality is bounded whether in whole or in part by any lake or by the sea-shore all provisions of this Act determinations regulations and by-laws which are in operation in such municipality shall within a distance of three miles from such boundary be operative also in all parts of such lake or the sea.

Exemptions from provisions of Act. No. S771 s. 6.

6. (1) Except as otherwise expressly provided nothing in this Act shall apply to persons while engaged in dairying agriculture horticulture viticulture or pastoral pursuits outside the Metropolitan District.

(2) The operation and application of this Act insofar as relates to and with respect to Wages Boards and the Industrial Appeals Court and determinations shall not in any way be limited by the foregoing provisions of this section.

Power to revoke Orders in Council. No. 5771 s. 7.

1. The Governor in Council may at any time by Order published in the Government Gazette revoke alter or vary any Order in Council made pursuant to the provisions of this Act.

PART II.—ADMINISTRATION.

DIVISION 1. THE DEPARTMENT.

Establishment of Department of Labour and Industry No. 5771 s. 8.

8. For the purpose of promoting the industrial welfare of the people throughout Victoria and for the better exercise of the powers conferred upon or transferred to the Minister by or under this or any other Act there shall be a Department of Labour and Industry to consist of—

(a) a Minister of Labour and Industry who shall be a responsible Minister of the Crown; and

(b) a Secretary to the Department and such other officers and employes (whether permanent or temporary) as are deemed necessary.


9. (1) The office of Minister of Labour and Industry under References in

this Act shall be deemed to be the same as the office of Minister of &*'touS* Labour recognized or referred to in any Act or enactment or ^ " ^ " j , document in force for the time being. (2°'o). *'

( 2 ) The Department of Labour and Industry under this Act ^eh

f|rerce3in

shall be deemed to be the same as the Department of Labour Icftotn"' recognized or referred to in any Act or enactment or document in Departinent-force for the time being.

10. It shall be the duty of the Minister in the exercise and General performance of any powers and duties conferred upon or 8Stieso!n

transferred to him by or under this or any other Act to take all ??ini""' ,n t 1 1 - 1 1 i rr No. 5771 S 10.

such steps as may be desirable to secure the preparation effective carrying out and co-ordination of measures conducive to the industrial welfare of the people, including measures relating to—

(a) conditions of employment generally including wages hours of work rest periods and holidays;

(b) establishment of employment offices and the prevention and mitigation of unemployment;

(c) the employment of women children and young persons including vocational guidance and training and apprenticeship;

(d) industrial safety health and welfare including the control of dangerous methods and materials the guarding of machinery, the prevention of accidents, the control and regulation of the industrial aspects of noxious trades, industrial lighting and ventilation, and the provision of amenities;

(e) industrial relations including the prevention and settlement of industrial disputes;

(/) the training of persons for industrial services;

(g) the initiation and direction of research and the collection preparation publication and dissemination of information and statistics relating to any of the matters referred to in this section;

(h) the encouragement of the establishment development and expansion of industries throughout Victoria.


1 1 . The Secretary shall— (a) for the purposes of the Public Service Act 1958 be

the permanent head of the Department; and (b) subject to the Minister have the responsibility of

administering all the Acts and enactments administered in the Department.

12. (1 ) On the respective appropriate appointed' dates of transfer, such officers of and employes in any other Government department as are employed in or about the execution of any powers or duties which by or under this or any other Act are conferred upon or transferred to the Minister as the Governor in Council on the recommendation of the Public Service Board determines shall be transferred and attached to the Department of Labour and Industry and be deemed to have been appointed to corresponding offices and positions in the Department of Labour and Industry under this Act.

saving. (2 ) Notwithstanding anything in this Act, no officer or person whosoever shall by reason of the operation of this Act be in any worse position with regard to his accrued or accruing rights as such officer or employe than he would have been if this Act or the corresponding previous enactment had not been passed.

(3 ) The following expressions and expressions of a like meaning or referring to a like subject-matter wherever occurring in any Act enactment proclamation Order in Council regulation by-law order or document shall (if not inconsistent with the context or subject-matter) be read and construed as on from and after the date of coming into operation of the Labour and Industry Act 1953 as follows:—

" Department of L a b o u r " shall mean or refer to the Department of Labour and Industry; and

" Officer" of the " Department of L a b o u r " or of the " Depar tment" shall mean or refer to officer of the Department of Labour and Industry.

13 . (1 ) The Minister shall administer the Acts and enactments specified in Part A of the Second Schedule.

(2 ) On the respective appropriate appointed dates of transfer there shall be transferred to the Minister the powers and duties theretofore vested in or imposed on any other Minister in relation to the administration of the several Acts and enactments specified in Part B of the Second Schedule and as on and from those respective dates the Minister shall administer such several Act and enactments accordingly.

Secretary to the Department. No. 5771 8.11.

Transfer of officers. &c, of other Departments, &c. No. 5771 B. 12 ( 2 ) - ( 4 ) .

Interpretation of certain expressions.

Administration by Minister of certain enactments. No. 5771 s. 13. Second Schedule Part A.

Transfer to Minister of certain powers and duties of other Ministers. Second Schedule Pbrt B.


(3) The Governor in Council may by Order published in the Necessary Government Gazette— adaptations,

(a) make such incidental consequential and supplemental provisions as are necessary or expedient for the purpose of giving full effect to any transfer of powers or duties by or under this section, including provisions for the transfer of any property rights or liabilities held enjoyed or incurred by any Government department in connexion with any powers or duties transferred;

(b) make such adaptations in any Act or enactment relating to such powers or duties as are necessary to make exercisable by the Minister and his officers or by such other Government department and its officers (as the case may be) the powers and duties so transferred.

(4) In connexion with the transfer of powers and duties to Transitory the Minister by or under this Act the following provisions shall provisions-have effect:—

(a) In the construction and for the purpose of any Act judgment decree order award deed contract regulation by-law or other document passed or made before the transfer to the Minister from any Government department of any powers or duties by or under this Act, but so far only as may be necessary for the purpose of such transfer, the name of the Minister shall be deemed to be substituted for the name of the Government department;

(b) Where any thing has been commenced by or under the authority of any Government department before the transfer to the Minister of any powers or duties by or under this Act and such thing is in relation to the powers or duties so transferred such thing may be carried on and completed by or under the authority of the Minister;

(c) Where at the time of the transfer of any powers or duties by or under this Act any legal proceeding is pending to which any Government department is a party, and such proceeding has reference to the powers and duties transferred by or under this Act, the Minister shall be substituted in such proceeding for the Government department, and such proceeding shall not abate by reason of the substitution.


14. Without affecting the generality of the other provisions of this Division the Act specified in the Third Schedule to the extent to which the said Act is in and by the said Schedule expressed to be amended shall on the appropriate appointed date of transfer be hereby amended accordingly.

DIVISION 2 . GENERAL.

15. (1 ) Subject to the Public Service Act 1958 there may be appointed a chief inspector an assistant chief inspector and so many inspectors of factories and shops as appear necessary.

(2) Any member of the police force may be appointed by the Minister by writing under his hand to act as an inspector in the district in which he is stationed.

(3) The assistant chief inspector— (a) shall under the control of the chief inspector have

and may exercise such powers functions or duties (whether statutory or otherwise) of the chief inspector as with the approval of the Secretary are assigned to him in writing by the chief inspector either generally or in any particular case;

(b) shall act in the place of the chief inspector in case of the illness absence or temporary incapacity of the chief inspector.

(4) All acts matters and things done or performed by such assistant chief inspector pursuant to this section shall for all purposes have the same force and effect as if done or performed by the chief inspector.

Districts. ( 5 ) The Minister may for the purposes of this Act divide Victoria into such districts as he thinks fit and allot or assign one or more districts to one or more inspectors.

Records 16 . (1 ) Every officer or employe of the Department who Confidential, divulges the contents of any record prepared for the purposes of No. 5771s. i6; this Act except to the Minister or other officers or employes of NO. 5896 s.;. ^ Department a n ( j e Very officer or employe of the Department

who makes use of his knowledge of the contents thereof except for the purpose of the compilation of general statistical information as required by this Act or for the purpose of enforcing the provisions of this Act shall be guilty of an offence against this Act.

(2 ) Notwithstanding anything in the last preceding sub-section, the Minister may once in every year authorize any officer of the appropriate Department of the Commonwealth of Australia to inspect such records for the purpose of tracing persons who have evaded naval military or air force training.

Consequential amendments. No. 5771 s. 14. Third Schedule.

Appointment of chief inspector and inspectors. No. 5771 s. 15. Appointment of police as inspectors.

Duties, Ac., of assistant chief inspector.


17. (1) The Secretary shall prepare an annual report for the secretary to M i n i s t e r . annually.

No. 5771 s. 17. (2) Such report—

(a) shall be of a general and comprehensive character; (b) shall not refer by name to any particular occupier of

premises or be so framed as to readily admit of the identification of any such occupier;

(c) shall show as nearly as possible the whole number of persons engaged in working in factories and shops in Victoria, together with such particulars of a general nature as the Minister requires.

(3) The Minister may before presenting the annual report to Parliament publish any general statistical information contained in the report or supply any such information to any person.

18. (1) The Minister of Health may on the recommendation certifying of the Commission of Public Health appoint any persons being practitioners, legally qualified medical practitioners to be certifying medical No. 5771 s. is. practitioners for the purposes of this Act and may allot or assign one or more districts under this Act to one or more certifying medical practitioners, and the Minister of Health may at any time remove any person so appointed.

(2) In any part of Victoria for which there is not a certifying pubijc medical practitioner appointed as aforesaid every public vaccinator a?tinators to

shall without further or other authority than this section be and "^afci"8

act as certifying medical practitioner within any district or part f^'^SJ*™ thereof or place for which he is a public vaccinator. places.

19. (1) There shall be a Board to be known as the Labour Labour and and Industry Advisory Board consisting of seven persons of AdwSJJy whom— Board-

(a) one shall be the Secretary to the Department ex N£ 5896 s'. 2/ officio who shall be chairman;

(b) three shall be appointed by the Governor in Council as representing employers from a panel of names submitted to the Minister by the bodies known as the Victorian Chamber of Manufactures the Melbourne Chamber of Commerce and the Victorian Employers Federation;

(c) three shall be appointed by the Governor in Council as representing employes on the nomination of the body known as the Melbourne Trades Hall Council.

(2) If for any cause any of the said bodies fails to submit a sufficient panel or nominate a sufficient number of representatives for appointment the Minister may appoint persons who in his opinion represent employers or (as the case may be) employes.


(3) Members other than the chairman shall be appointed for a term of three years and shall be eligible for re-appointment.

(4) If any vacancy occurs for any reason in the office of an appointed member the Governor in Council may after submission of a panel or nomination as aforesaid appoint another person as member for the unexpired portion of the original member's term of office.

(5) Four members shall form a quorum, and subject to the regulations the Board may regulate its own proceedings.

(6) The functions of the Board shall be to advise the Minister in any matter referred to the Board by the Minister which falls within the province of the administration of the Department.

PART III.—INDUSTRIAL TRIBUNALS.

DIVISION 1. CONSTITUTION OF WAGES BOARDS.

Appointment 20. (1) The Governor in Council may by Order published Bo«dfes in the Government Gazette declare that it is expedient to appoint NO. 577is. 20. a Wages Board for any trade or branch of a trade or group of

trades specified in the Order. (2) The Governor in Council may if he thinks fit from time

to time by Order— (a) appoint one or more Wages Boards for any such trade

or branch of a trade or group of trades; (b) direct that any Wages Board may be described for all

purposes by some short title; (c) define the area (being the whole or any part of

Victoria) within which the determination of any Wages Board shall be operative and extend or re-define any such area;

(d) abolish any Wages Board which has been deprived of all its powers;

(e) as between any two or more Wages Boards adjust the powers which such Boards or any of them may lawfully exercise, and for that purpose deprive any Wages Board of any or all of its powers and confer them or any of them upon any other Wages Board;

(/) extend the powers of any Wages Board to any similar trade or branch of a trade or group of trades or abolish any Wages Board and appoint a new Wages Board or Boards to take its place.

(3) When any Wages Board is deprived of all or any of its powers or is abolished any determination made before such deprivation or abolition under any power which is conferred on


any other Wages Board shall continue in operation until superseded by a determination of such other Wages Board, but save as aforesaid any such first-mentioned determination shall cease to have effect as from the date of such deprivation or abolition.

(4) When any new Wages Board is appointed under this section any determination within its powers theretofore made and in force shall within the area for which the determination was made continue in operation until superseded by a determination of the new Wages Board.

21. (1) (a) The Governor in Council on the recommendation Appoint-

of the Minister may from time to time by Order published in SlSemi the Government Gazette specify as trades and branches of trades w

raiplcItaedd

to which this section applies any trades or branches of trades ^spl'tof insofar as no determination of any Wages Board is operative in $[c|?s

n£oar(i respect thereof. determina

te) Any trade or branch or trade so specified is in this section operative,

referred to as a " specified trade or branch of trade ". No-5771 "•21-

(2) Without affecting the generality of the last preceding section the Governor in Council may—

(a) appoint a Wages Board (to be known as the " General Board ") for any specified trade or branch of trade;

(b) define the area (including the whole or any part of Victoria) within which the determination of the General Board shall be operative with respect to each such trade or branch of trade, and extend or re-define any such area;

(c) where the Minister is satisfied that the majority of employers or employes in any specified trade or branch of trade desires—

(i) that a Wages Board be appointed in respect of such trade or branch; or

(ii) that the powers of any Wages Board be extended thereto—

take the necessary action under the last preceding section for the appointment of such a Wages Board or (as the case requires) for the extension of the powers of such Wages Board and consequentially for depriving the General Board of any of its powers and for any other matter expedient in the circumstances.

(3) The General Board shall consist of a chairman and four members of whom—

(a) two shall be appointed as representing employers on the nomination of the body known as the Victorian Chamber of Manufactures; and


(b) two shall be appointed as representing employes on the nomination of the body known as the Melbourne Trades Hall Council.

(4) (a) Notwithstanding anything in the last preceding sub-section where the Minister is satisfied that the majority of employers or employes in any specified trade or branch of trade desires that a representative of employers and a representative of employes engaged in such trade should be appointed to the General Board the Minister may appoint (in addition to the other members)—

(i) a representative of the employers who shall be a bona fide and actual employer in such trade or branch of trade or shall have been so within one month of his appointment or re-appointment; and

(ii) a representative of the employes who shall be a bona fide and actual employe in such trade or branch of trade or shall have been so within six months of his appointment or re-appointment.

(b) The representatives so appointed shall be members of the General Board only for the purposes of the determination by the General Board of any matter relating to such trade or branch of trade.

(5) Except in respect of matters for which express provision has been made in the foregoing provisions of this section the provisions of this Act shall apply to and in relation to the General Board in all respects as if it were a Wages Board appointed under the last preceding section.

Number of members of Wages Boards. No. 5771 s. 22.

22. (1) Subject to this Act each Wages Board shall consist of such even number of members as is specified by Order of the Governor in Council and a chairman.

(2) The number of members shall be four or six except in any case where the Minister recommends to the Governor in Council that a greater number is required, but in no case shall the number exceed ten.

Appointment of members. No. 5771 s. 23.

23. (1) All appointments and re-appointments of members of Wages Boards shall be made in accordance with the provisions of this Act by the Minister.

(2) One-half of the members (exclusive of the chairman) of a Wages Board shall be appointed as representatives of employers and one-half as representatives of employes.

(3) (a) The representatives of employers shall be bona fide and actual employers in the trade concerned or shall have been so within one month of their appointment or re-appointment or shall be officers of an association or organization of employers connected with the trade:


Provided that any of such representatives may be a person nominated to represent employers in the trade concerned which are corporations or public bodies.

(b) The representatives of employes shall be bona fide and actual employes in the trade concerned or shall have been so within six months of their appointment or re-appointment or shall be officers of an organization or an association of employes connected with the trade concerned.

(c) No practising barrister or solicitor shall be appointed a member of a Wages Board except a Wages Board dealing only with the legal profession.

(d) For the purposes of this sub-section "public body" -PubUc includes (without affecting the generality of the expression bodr" " corporations " in paragraph (a) hereof)—

(i) any local authority within the meaning of the Public Contracts Act 1958;

(ii) any municipality; (iii) the trustees of any cemetery; (iv) any body of persons corporate or unincorporate

declared by Order of the Governor in Council published in the Government Gazette to be a public body for the purposes hereof.

(4) In any case where in the opinion of the Minister a Representative substantial number of the employers or employes in any trade Sutsw aie carry on or are engaged in such trade outside the Metropolitan DWr?ct?Utan

District one at least of the persons nominated as representatives of employers and one at least of the persons nominated as representatives of employes shall be a person who carries on or is engaged in or has carried on or been engaged in (as the case may be) such trade outside the Metropolitan District.

(5) (a) Nominations of persons to represent employers may Nominations be made by— S SStS*

(i) any association of employers connected with the trade;

(ii) any group of employers in the trade; (iii) any individual employer in the trade;

(b) Nominations of persons to represent employes may be made by—

(i) any organization of employes connected with the trade;

(ii) any representative group of employes in the trade; (iii) any six or more individual employes in the trade.

(c) In making appointments the Minister shall have due regard to the standing in the trade of the association group or individuals (as the case may be) signing the nominations.


Appointment of members of Wages Boards if not sufficient qualified persons willing to act.

(6) In any case where after the lapse of three months from the date of the Order in Council for the appointment of any Wages Board or from the expiration of the term of office of members of any Wages Board a sufficient number of qualified employers or employes willing to act as members of the Board has not been found the Minister may appoint any persons who have been engaged in the trade concerned to be representatives of the employers or employes on such Board.

Appointment of panel of chairmen of Wages Boards. No. 5771 s. 24.

Saving of public service and superannuation rights.

Acting chairman.

24. (1) There shall be a panel of not more than three chairmen who shall be appointed by the Governor in Council for a period of five years and who shall be paid such annual salary as the Governor in Council determines.

(2) The Minister shall from such panel of chairmen appoint from time to time a chairman to each Wages Board.

(3) The chairman of a Wages Board shall be deemed and taken to be a member thereof.

(4) If any person was immediately before his appointment to such panel of chairmen—

(a) an officer of the public service or (having formerly been an officer of the public service) engaged or employed in any office or capacity in which he was eligible on the recommendation of the Public Service Board to be re-appointed upon the termination of such engagement or employment to some office in the public service, such person shall be eligible on the recommendation of the Public Service Board to be re-appointed at or before the termination of his term of office under this section to some office in the public service with a classification and emolument corresponding with or higher than that which he held in the public service immediately prior to his appointment to such panel of chairmen or to his engagement or employment as aforesaid and as if the whole period of his service as a member of such panel and (where the case so requires) in any other such office or capacity had been a period of service in the public service;

(b) an officer within the meaning of the Superannuation Act 1958 or any corresponding previous enactment, he shall subject to that Act continue to be an officer within the meaning of that Act.

(5) The Minister may appoint a person (whether or not a person on the panel of chairmen aforesaid) to act, for such period or periods as the Minister thinks fit, as chairman of any Wages Board during the temporary illness incapacity or absence from


the State of the chairman of such Board; and such person while so acting shall be deemed to be the chairman of the Board and shall be paid such remuneration as the Governor in Council determines.

25. (1) Appointments and re-appointments as members of Term of any Wages Board shall be for a period terminating on the thirtieth members of day of September next following the date of the appointment or BoaB

rjs.

re-appointment. NO. 5771 s. 25. (2) Members of any Wages Board may be re-appointed by

the Minister for the next following term without previous nomination; but if within the month of September in any year any association of employers or employes subject to such Wages Board gives notice in writing to the Minister of objection to the re-appointment of such members or of any specified member or members appointed as representative of employers or employ6s (as the case may be) then the appointment of all the members of the Wages Board for the next following term shall be made by the Minister in the manner provided by this Act for the appointment of members of a new Wages Board.

(3) The Governor in Council may at any time remove any member of a Wages Board.

(4) In this section " member " does not include the chairman.

26. (1) In the event of any vacancy (other than in the office Vacancies, of chai rman) occurring from any cause whatsoever in any Wages *^ 5771s 2& Board the Minister may appoint a person as representative of employers or employes as the case requires; and such person shall be so appointed for the unexpired portion of the term of office of the member who dies or resigns or is removed.

(2) The Minister may appoint a person to act as a representative of employers or employes on any Wages Board during the temporary illness incapacity or absence from the State of any member of the Board; and such person while so acting shall be deemed to be a member of the Board.

( 3 ) During any vacancy in a Wages Board (other than in the office of chairman) the continuing members may unless any member of the Board objects act as if no vacancy existed.

27. (1) In any case where the Minister is satisfied that Power in anything has been done by any person or. any body of persons todfrect8*68

corporate or unincorporate with the object of preventing the wmeeVind"1

meeting or of delaying the proceedings of any Wages Board the S rrm'naUon. Minister may direct the Board forthwith to meet and exercise No. 5771s. 27. its powers and carry out its duties.

( 2 ) The Board upon such direction shall forthwith meet and exercise its powers and carry out its duties accordingly notwithstanding tha t—

(a) some of the members of the Board have not been appointed or re-appointed; or


Powers of chairman. No. 5771 s. 28.

(b) some of the representatives of the employers or employes are absent from all or any of the meetings of the Board; or

(c) under sub-section (3) of the last preceding section any member of the Board objects.

28. (1) Each chairman shall have power— (a) to convene meetings of any Wages Board of which

he is the chairman; {b) subject to the regulations to decide questions of

procedure of such Board. (2) The provisions of sections fourteen to sixteen of the

Evidence Act 1958 shall apply as if the Board were a board appointed by the Governor in Council and as if the chairman of the Board had the powers of the chairman of a board appointed by the Governor in Council.

Exercise of 29 . (1 ) All powers of any Wages Board may be exercised wTgVs'Board. by a quorum which shall consist of at least half the representative NO. 5771 s. 29. members and the chairman.

(2) All questions which arise at any meeting of any Wages Board shall be decided by a majority of votes of the members present:

Provided that the chairman may decide any question upon which a majority of members present cannot agree.

(3) No evidence relating to any trade secret or to the profits or financial position of any witness or party shall be disclosed or published without the consent of the person entitled to the trade secret or non-disclosure.

Trade secrets &c

Powers of Wages Boards. No. 5771 8. 30.

DIVISION 2 . POWERS OF WAGES BOARDS.

30 . (1 ) A Wages Board shall have power to determine any industrial matter whatsoever in relation to the trade or branch of trade or group of trades for which such Board has been appointed and in particular, without affecting the generality of the foregoing, to determine all matters relating t o —

(a) work and days and hours of work; (b) pay wages and reward; (c) privileges rights and duties of employers and employes; (d) the mode terms and conditions of employment or

non-employment; (e) the relations of employers and employes; (/) the employment or non-employment of persons of any

particular sex or age; (g) the demarcation of functions of any employes or class

of employes;


(h) questions of what is fair and right in relation to any industrial matter having regard to the interests of the persons immediately concerned and of society as a whole:

Provided that nothing in this Act shall enable any Wages Board—

(a) to determine any matter relating to the preferential employment or dismissal of persons as being or as not being members of any organization association or body; or

(b) to fix lower piecework prices for persons under twenty-one years of age than those fixed for adults.

(2) Any such determination may be made in respect of a group of trades or a trade or any branch thereof or in respect of any one or more employers or establishments.

(3) Before making any determination a Wages Board may hear representations or evidence of any interested organizations or persons who in writing apply to the Board in that behalf.

31. (1) Any Wages Board may by determination provide for Boards ot the appointment of a Board of Reference consisting of—

(a) the chairman of the Wages Board who shall be the chairman of the Board of Reference;

(b) not more than two representatives of employers, of whom one shall be a member of the Wages Board;

(c) a like number of representatives of employes, of whom one shall be a member of the Wages Board.

(2) Any such Board of Reference shall have power to determine disputes of facts (but not of law) concerning any provision of any determination of the Wages Board which constituted it, but subject to a right of appeal to the Industrial Appeals Court in all respects as if the determination of the Board of Reference were a determination of the Wages Board.

(3) The provisions of sections fourteen to sixteen of the Evidence Act 1958 shall apply as if every such Board were a board appointed by the Governor in Council and as if the chairman thereof had the powers of the chairman of a board appointed by the Governor in Council.

32. (1) For wholly or partly preparing or manufacturing outside a factory a fabric of linen wool silk cotton or any other prescribed substance, or two or more of any such substances, or articles of clothing or wearing apparel or footwear a piecework price only shall be fixed by a Wages Board.

(2) A Wages Board shall on request of any occupier of any premises fix a wages rate for any work done by any person operating a machine therein.

Outside work to be for piecework price only. No. 5771 s. 32.

Rate for work at machine.


Power or (3 ) A Wages Board may determine industrial matters in Wages Board , /•. ' ° . J

c . , . as to relation to any person or class of persons employed in repairing repairing. ^ a r t j c i e w | t}j r e Spect to the trade of manufacturing or preparing

which such Board may make a determination.

Basis of determining wage rates. No. 5771 s. 33; No. 6005 s. 2.

3 3 . (1 ) In determining wages rates or piecework prices every Wages Board shall take into consideration relevant awards of or agreements certified by the Commonwealth Conciliation and Arbitration Commission.

(2 ) Any provision of a determination made pursuant to section thirty-three of the Labour and Industry Act 1953 and in force immediately before the commencement of the Labour and Industry (Wages Boards) Act 1956 shall have no operation or effect after such commencement, but nothing in this section shall affect any adjustment of wages rates or piecework prices thereunder which first took effect before such commencement or any rates or prices as so adjusted.

DIVISION 3 . DETERMINATIONS.

Publication of determinations. No. 5771 s. 34; No. 6096 s .3 ( l ) . Determination to remain in force until altered by Board.

Application.

34 . (1 ) The determination of any Wages Board shall be signed by the chairman thereof and printed and published by the Government Printer for Victoria.

(2) Subject to this Act every determination of a Wages Board shall—

(a) from a date fixed by the Board not being within fourteen days of the last meeting of the Board held prior to such date; or

(b) in any case where the members of the Board unanimously so decide, from an earlier date (whether before or after the meeting of the Board at which the determination is made)—

be and remain in force until amended by a determination of the Board or of the Industrial Appeals Court.

(3) Every determination of a Wages Board shall apply to the area (being the whole or part of Victoria) defined by the Governor in Council as the area within which determinations of the Wages Board shall operate.

(4) Every amendment of any determination shall, unless otherwise specified in the amending determination, apply to the same area as the determination amended.


35. No determination shall prevent the sons or daughters of any employer being employed by him in any capacity subject to the conditions of employment prescribed by this Act or required by any applicable determination but—

(a) such sons and daughters shall be counted in calculating numbers of apprentices or improvers who may be employed by such employer; and

(b) the employer shall not be bound to pay such sons and daughters the rates fixed by any determination.

36. (1) Subject to sub-section (2) of this section no determination shall apply to any person who is an inmate of any institution conducted in good faith for religious or charitable purposes.

(2) Where any person is employed at laundry work in any such institution and representations are made to the Minister which satisfy him after due inquiry and after consideration of any representations made by any persons having the management of the institution that it is by unduly low charges unfairly competing with the occupiers of other places where laundry work is done, the Governor in Council by Order published in the Government Gazette may apply as on and from a date specified in the Order any relevant determination to and with regard to any such person employed at laundry work in the institution.

37. (1) Where any person (other than a person entitled to a casual rate) is employed to perform two or more classes of work to which the determinations of different Wages Boards are applicable—

(a) if he is employed in any such class of work in a shop during any week he shall in respect of that week be paid as if he were employed wholly in such one of those classes of work which by determination would provide the highest pay;

(b) if he is not so employed in a shop— (i) if he is employed for more than twenty

hours in any week in that class of work which by determination would provide the highest pay—he shall be paid as if employed wholly in such class of work during such week;

(ii) if he is not employed for more than twenty hours in any week in that class of work which by determination would provide the highest pay—

if employed for more than four houis on any day in that class of work which by determination would provide the highest pay—he shall

Children of employer not affected. No. 5771 s. 35.

Determinations not to apply to inmates ot certain institutions.

No. 5771 s. 36.

Exception.

As to employe" engaged in two or n'ore classes of work. No. 5771 s. 37.


be paid in respect of such day as if employed wholly in such class of work on such day and at the appropriate hourly rate under the relevant determination;

if not employed for more than four hours on any one day in that class of work which by determination would provide the highest pay—he shall in respect of such day be paid in respect of the time occupied in each class of work at the appropriate hourly rate under the relevant determination—

which appropriate hourly rate (if not otherwise fixed by the determination) shall be ascertained by dividing the ordinary weekly rate by the ordinary weekly hours of work prescribed by the determination for a person performing the class of work concerned.

(2) When any person (other than a person who is subject to determinations of the Garden Employes' Board and who is employed at a private residence) is employed during any part of a day for an employer at work for which a Wages Board has fixed a wages rate all work, for which no other rate is prescribed by any determination, done anywhere by such person during such day for such employer shall be paid for at the wages rate so fixed.

Notification of determination where applicable. No. 5771 s. 38.

38. There shall be kept printed painted or affixed in legible Roman characters in some conspicuous place in all premises to which any determination applies, in such a position as to be easily read by the persons employed therein, a true copy of the determination.

Determination challengeable before the Supreme Court only. No. 5771 s. 39.

39. (1) If any person desires to dispute the validity of any determination he may apply to the Supreme Court upon affidavit for a rule calling upon the Secretary to show cause why such determination should not be quashed either wholly or in part for the illegality thereof; and the Court may make the rule absolute or discharge it with or without costs.

(2) Every determination shall unless so quashed have the like force validity and effect as if enacted in this Act, and shall not be in any manner liable to be challenged or disputed, but may be altered or revoked by a subsequent determination.


40. (1) The Governor in Council may at any time for such Power to

period or periods as he thinks fit not exceeding six months in the determLnation

whole by Order published in the Government Gazette suspend the consideration operation of any determination, and thereupon it shall be the Smendments. duty of the Wages Board forthwith to hear receive and examine No.577i«.4o:

evidence as to such determination, and decide whether to adhere ^S'w)9.6

to or amend the determination.

(2) If the Wages Board decides to make any amendments the amended determination on being printed and published by the Government Printer for Victoria shall for all purposes be deemed to be the determination of such Wages Board from such date as is fixed in such amended determination and the suspended determination shall thereupon have no further force or effect.

(3 ) If the Wages Board notifies the Minister that it adheres Removal of . , . . ° . , , i . «. * suspension.

to its determination without amendment the suspension of the operation of the determination shall by Order in Council published in the Government Gazette be revoked from such date not later than fourteen days thereafter as is fixed in such Order.

41 . (1) Where the Minister is satisfied that an organized Power to strike or industrial dispute is about to take place or has actually determination

taken place in connexion with any trade as to any matter which s«fkeeota

is the subject of a determination the Governor in Council may by NO. 5771 s.«. Order published in the Government Gazette suspend for any period not exceeding twelve months the whole or any part of such determination so far as relates to such matter and at any time remove alter or amend such suspension in such manner as the Governor in Council thinks fit.

(2) Any interested organization of employers or employes shall inform the chairman of the appropriate Wages Board of any threatened probable impending or actual strike or industrial dispute in any trade subject to such Wages Board, and thereupon the chairman shall immediately call a meeting of the Board to consider the matter.

DIVISION 4 . INDUSTRIAL APPEALS COURT.

42. (1) For the purposes of this Act there shall be an constitution Industrial Appeals Court consisting of a president and two oil members appointed by the Governor in Council. Court.

No. 5771 s. 42.

(2) The members shall respectively be appointed for a term of five years.


(3) Of the members of the Court— (a) the president—

(i) shall be such one of the judges of the county court having experience in industrial matters as the Governor in Council appoints; and

(ii) shall be entitled to receive as president such salary as is fixed by the Governor in Council in addition to his salary as a judge of the county court; and

(b) one shall be a person having industrial experience appointed to represent employers and one shall be a person having industrial experience appointed to represent employes and each of such members shall be paid such remuneration by way of salary or fees as is fixed by the Governor in Council.

(4) The Governor in Council may subject to this Division appoint a deputy president and deputy representatives of employers and employes respectively to act in any case where the president or the representative members of the Court are unable to act and any such deputy shall have all the powers of the member for whom he acts and shall be entitled when he so acts to receive such remuneration as is fixed by the Governor in Council.

(5) The Court shall sit at such times and places as the president appoints.

Registrar of Industrial Appeals Court. No. 5771 s. 43.

43. (1) Subject to the Public Service Act 1958 there shall be appointed a registrar of the Industrial Appeals Court who shall be an officer of the Department.

(2) The registrar shall attend the sittings of the Industrial Appeals Court.

(3) Any summons to attend the Court may be signed by the registrar.

Procedure, Ac, of Industrial Appeals Court. No. 5771 s. 44.

44. (1) The Industrial Appeals Court shall in every case be guided by the real justice of the matter without regard to legal forms and solemnities and shall direct itself by the best evidence the Court can procure or that is laid before the Court whether or not it is evidence such as the law would require or admit in other cases; and if the Court considers that any further evidence or information which would assist the Court could be obtained, the Court shall intimate in open Court what further evidence or information the Court desires.

(2) By direction of the Court or with the consent of the parties to the appeal but not otherwise any party may at its own cost be represented by a barrister solicitor or agent.


(3) In addition to the powers conferred upon the Industrial Appeals Court the president of the Court may exercise all the powers of a judge of the county court.

(4) All questions of law shall be decided by the president of the Industrial Appeals Court alone, but on all other matters the decision of the majority shall be the decision of the Court.

45. (1) (a) A majority of the representatives of the employers or a majority of the representatives of the employes on any Wages Board or any association of employers or organization of employes concerned may within fourteen days after the making of a determination by the Wages Board in the manner prescribed by the general rules made under this Division appeal against such determination or part thereof to the Industrial Appeals Court.

(b) When an appeal is so made the determination or part thereof appealed against shall be deemed not to have come into operation until the appeal has been dealt with by the Court.

(2) For the purposes of any such appeal the Court shall have and may exercise all or any of the powers conferred on a Wages Board by this Act and shall have full power to amend the whole or any part of any determination appealed against, and in particular in amending any such determination may provide that the determination of the Court (so far as relates to prices or rates) shall be deemed to have come into operation from a date specified in the determination of the Court earlier than the date of the determination of the Court but not earlier than the date fixed by the Wages Board in the determination appealed against as the date for the coming into force of prices or rates.

(3) When dealing with any such appeal the Industrial Appeals Court shall consider whether the determination has had or may have the effect of prejudicing the progress or maintenance of or scope of employment in the trade concerned, and if of opinion that the determination has had or may have such effect the Court shall make such alterations as in its opinion are necessary to remove or prevent such effect and at the same time to secure a living wage to the employes affected.

(4) For the purposes of any such appeal the Court and the chairman thereof shall respectively have in respect of the summoning sending for and examination of witnesses documents and books and in respect of persons summoned or giving evidence before the Court the same powers as are by the Evidence Act 1958 conferred on a board appointed by the Governor in Council and the chairman thereof.

(5) No evidence relating to any trade secret or to the profits or financial position of any witness or party shall be disclosed or published without the consent of the person entitled to the trade secret or non-disclosure.

Appeals to Industrial Appeals Court in respect of determinations by Wages Board. No 5771 s. 45; No. 6096 s . 3 ( 3 ) .


(6) Subject to this Act every determination of the Court shall be final and without appeal and shall not (except as provided in the next succeeding sub-section) be reviewed or altered by a Wages Board without leave of the Court, but the Court if satisfied on affidavit that a prima facie case for review exists may either give such leave or direct a re-hearing or re-opening of the matter before the Court when the Court itself may alter or amend its determination.

(7) When a period of twelve months has elapsed from the date of any determination of the Court or the latest revision alteration or amendment of any such determination by the Court (as the case may be) the Wages Board concerned may without leave of the Court review or alter the determination; and any determination of the Court when reviewed or altered pursuant to this sub-section by a Wages Board whether with or without leave shall be the determination of the Wages Board and the provisions of this Act shall take effect accordingly.

(8) The determination of the Court shall be forwarded to the Minister by the registrar of the Court, and the Minister shall cause it to be printed and published by the Government Printer for Victoria.

(9) The Industrial Appeals Court may revise or alter its determination at any time and from time to time on the application of the representatives of employers or on the application of the representatives of employes on the Wages Board concerned.

46. (1) In any proceedings in any court against any person for employing or attempting to employ or authorizing or permitting to be employed any person in contravention of this Act or of any determination where the defendant alleges that the relation between himself and the person in respect of whom the contravention is alleged is not the relation of employer and employe the court shall proceed no further in the matter but shall order that the proceedings be transferred to the Industrial Appeals Court, and the proceedings with such documents relating thereto as are before the court shall be transmitted to the Industrial Appeals Court accordingly.

(2) The Industrial Appeals Court shall hear and determine all proceedings transferred to it under this section.

(3) If it appears to the Industrial Appeals Court that the proceeding have been wrongly transferred such Court shall re-transfer the proceedings to the court from which they were transferred together with the documents aforesaid and such directions as the Court thinks proper.

(4) For the purpose of carrying this section into effect the Court in addition to the powers otherwise conferred on it shall have all the powers and may adopt any procedure of a court of general sessions and such powers shall be exercised by the president alone.

Transfer of certain proceedings to Industrial Appeals Court. No. 5771 s. 46.


(5) If at the hearing of any proceedings the Industrial Appeals Court is satisfied—

(a) that the relation between the defendant and the person in respect of whom the contravention is alleged is in substance (whether directly or indirectly) the relation of employer and employe; or

(b) that in substance no such relation exists but that the relation (if any) is one devised to evade this Act or a determination—

the relation of employer and employe shall for the purposes of this Act be deemed to exist between the defendant and the person aforesaid, and the Court shall determine the proceedings accordingly.

(6) The decision of the Industrial Appeals Court under this section (including any decision as to costs) shall be final and without appeal.

(7) A copy of the decision of the Industrial Appeals Court shall be forthwith forwarded by the registrar of the said Court to the court from which the proceedings were transferred and, for the purposes of the enforcement of the said decision, the said decision shall be deemed to be a conviction or an order of the last-mentioned court and may be enforced accordingly.

When relation of employer and employ* deemed to exist.

No appeal from decision.

Enforcement of decision.

47. (1) If any person is aggrieved by any conviction or order Exclusive of or failure or refusal to make an order by a court of petty SvS*ppe3s sessions (including the Metropolitan Industrial Court) in any conwcttons prosecution for any offence against this Act he may, subject to againstt5s and in accordance with general rules made under this Division Act. and within the time fixed by such rules, appeal from such No-577,s-47-conviction or order or failure or refusal to the Industrial Appeals Court which shall have exclusive jurisdiction to deal with such appeal.

(2) Divisions one two and three of Part V. of the Justices Act 1958 shall not apply with respect to any conviction or order so appealed from.

(3) The decision of the Industrial Appeals Court upon any such appeal (including any decision as to costs) shall be final and without appeal.

(4) For the purpose of carrying this section into effect the Court in addition to the powers otherwise conferred on it shall have all the powers and may adopt any procedure of a court of general sessions and such powers shall be exercised by the president alone.

(5) The Industrial Appeals Court may adjourn the hearing of any such appeal and upon the hearing thereof may confirm reverse or mitigate the decision of the court of petty sessions or


remit the matter with the opinion of the Industrial Appeals Court thereon to the said court of petty sessions or make such other order in the matter as the Industrial Appeals Court thinks just and may by such order exercise any power which the court of petty sessions might have exercised and such order shall have the same effect and may be enforced in the same manner as if it had been made by the court of petty sessions.

(6) The registrar of the Industrial Appeals Court shall send to the clerk of the court of petty sessions from whose conviction or order the appeal was made for entry in his register and also on the conviction or order appealed against a memorandum of the decision of the Industrial Appeals Court and where any copy or certificate of such conviction or order is made a copy of such memorandum shall be added thereon and shall be sufficient evidence of the said decision in every case where such a copy or certificate would be sufficient evidence of such conviction or order.

General rules 48 . (1) The Governor in Council may make general rules procedure. to carry the provisions of this Division into effect. NO.57713.48. (2) Subject to such rules the Industrial Appeals Court may

regulate its own procedure.

Notice of occupation of factory or shop. No. 5771 s. 49.

Particulars of notice.

PART IV.—REGISTRATION OF PREMISES.

49. (1) Every person— (a) shall before going into occupation of any factory or

shop; or (b) in occupation of any building or place which becomes

for the first time or after a period of disuse again becomes a factory or shop shall before such building or place becomes or again becomes a factory or shop—

serve on the Secretary at his office a written notice in the prescribed form.

(2) Such notice shall specify— (a) particulars of the name of every such person and a

description of the premises; (6) where the premises are situate; (c) in the case of a factory, the nature of the work carried

on or to be carried on therein and a description of the motive power (if any) to be used therein;

(d) in the case of a shop, the class or kind of shop; (e) the name under which the business is to be carried

on; (/) such other particulars as are prescribed.


(3) If it is shown that all the requirements of this Act have Registration, been fulfilled the Secretary shall, subject to this Act and on payment of the appropriate registration fee as hereinafter provided, register such factory or shop and issue to the occupier thereof a certificate of such registration; and on payment of the annual fee as prescribed such registration may subject to this Act be renewed from year to year.

(4) The annual period or registration shall be — Annual period of

(a) in the case of a factory, from the first day of January r Blsra °n' to the last day of December next following;

(b) in the case of a shop, from the first day of March to the last day of February next following.

(5) Every person or body of persons in occupation of any Penalty factory or shop not registered as required by this Act or for fegKion. which the annual registration fee has not been duly paid shall be guilty of an offence against this Act.

50. No person shall commence or permit or cause to be Department commenced— p°anpspfo°ve

factories.

(a) the building of any premises intended to be used as No-5771 s-50-a factory; or

(b) any works to alter or add to any factory or premises intended to be used as a factory—

unless he has first submitted to the Department proper plans of such building works alteration or additions and obtained from the Department approval of such plans.

51. (1) Every person who is about to go into or is in Approval of occupation of any building or place which is about to become opening of for the first time, or after a period of disuse is about to become j^ t°'^1 51 again, a factory, or in which a change of the nature of the manufacturing process or trade is about to take place, shall, before it is used or again used as such or such change takes place, forward as prescribed to the Secretary and to the council for the district particulars as prescribed concerning such building or place and the proposed use thereof.

(2) Such building or place shall not be registered as a factory certificate of until the Secretary has in writing certified that such building or sultablllty

place is suitable for a factory, and that the prescribed requirements have been complied with.


Observance of municipal by-laws.

(3) Where— (a) any such premises are intended to become a factory

for the first time or after a period of disuse; or (b) in any such premises a change of the nature of the

manufacturing process or trade is intended to take place—

if the council within one month after receiving particulars as aforesaid notifies the Secretary in writing 'that the establishment of such a factory or the carrying on of such process or trade at such premises would be in contravention of the municipal by-laws the premises shall not be registered as a factory or, if the premises have already been so registered during such month, the registration of the premises shall be cancelled.

Registration fee. No. 5771 9. 52. Fourth Schedule.

Half-fee where opened &c. during latter half of registration period.

Exemption ot certain licensed dairies from fees.

Power to refuse registration and cancel registration of factories and shops.

No. 5771 s. 53.

Statement of reasons.

Appeal.

52. (1) The registration fee to be paid in respect of every factory or shop shall be that specified in the Fourth Schedule, and in the case of renewals of registration shall in each year be paid—

(a) in the case of a factory, on or before the thirty-first day of January;

(b) in the case of a shop, on or before the first day of May.

(2) When any registration is in respect of any period commencing—

(a) in the case of a factory, after the thirtieth day of June in any year;

(b) in the case of a shop, in the period between the first day of September and the last day of February in the following year (both dates inclusive)—

the fee to be paid on registration for that year shall be one-half of the rate specified in the Fourth Schedule.

(3) No fee shall be payable in respect of any premises licensed as a dairy under the Milk and Dairy Supervision Act 1958.

53. (1) Notwithstanding anything in this Act the Secretary may after due inquiry and if there is any reasonable and proper ground for so doing—

(a) refuse to register any factory or shop; or (b) cancel the registration of any factory or shop.

(2) Where the Secretary has pursuant to the last preceding sub-section refused to register or cancelled the registration of any factory or shop he shall if so requested in writing by the occupier thereof state in writing the reasons for such refusal or cancellation.

(3) Such occupier within one month after such cancellation or refusal may by notice in writing appeal therefrom to the


Industrial Appeals Court and pending the determination of such appeal no order of cancellation made under this section shall have any effect.

(4) The decision of the Industrial Appeals Court shall be final.

54. The occupier of every place where any person other than Registration members of the employer's family related in the first or second other than degree by blood or marriage to the employer is employed in a sho'ps"68 and

trade to which any determination applies shall if such place is NO. 57719.54. not required to be registered as a factory or shop register with the Secretary his full name and the locality (giving the name of the street and the number if any) of such place.

55. Nothing in this Part shall apply to hawkers or pedlers. Application. No. 5771 s. 55.

PART V.—FACTORIES.

DIVISION 1. CONDITIONS IN FACTORIES.

56. (1) The occupier of every factory shall keep it in a ^n^|^nof cleanly state and free from any effluvia arising from any drain tS"wy°ao

privy urinal or nuisance. NO. 5771s. 56. (2) A factory or any portion thereof—

(a) shall not be so overcrowded while work is carried on therein as to be injurious to the health of the persons employed therein;

(b) shall contain such amount of cubic space for each person employed and such amount of ventilation as are prescribed;

(c) shall be ventilated in such a manner as to remove or render harmless as far as practicable all the gases vapours dust or impurities generated in the course of the manufacturing process carried on therein.

(3) Every heating appliance in any factory which gives off gas or vapour, whether used for warming persons engaged therein or for the manufacturing processes, shall be provided with a flue of such size and construction as are prescribed.

57. Where in any regulation it is provided that the council «« or the chief inspector may require that in any office place or appitesto building there shall be appliances (including fire-buckets full of f,orlSet.ready

water) for the prevention or extinction of fire such appliances NO. 5771s. 57. shall be maintained in a constant state of repair and available for use at any moment.

58. (1) All doors passages and staircases in or in connexion {jj°£™t*£je£ with any factory shall be kept clear and free from obstruction of of any kind whatever and be always available as a means of escape. No^srnTss.


Penalty.

Proof of obstruction.

(2) Every person who in any way whatever obstructs or permits to be obstructed any such door passage or staircase or places or permits to be placed any obstruction in or near any such door passage or staircase shall be liable for the first offence to a penalty of not more than Ten pounds, and for every subsequent offence to a penalty of not less than Twenty pounds nor more than One hundred pounds.

(3) In any prosecution for a contravention of this section the occupier of the factory shall be deemed to have permitted the obstruction of any door passage or staircase unless the defendant proves that such obstruction was in contravention of his express orders or instructions.

Remedying defective factories. No. 5771 s. 59.

Power to cancel registration where part of factory unsafe.

Immediate steps to safeguard employes.

Notice by Inspector to council of sanitary defects in factory. No. 5771 s. 60.

59. (1) The chief inspector shall give to the occupier of any factory, which or any part of which is in his opinion dilapidated unsafe unfit for use injurious to health polluted with gas or insufficiently provided with privies or urinals or with satisfactory approaches to such privies or urinals or with proper appliances for the extinction of fire or with sufficient means of egress in case of fire, written notice of such opinion.

(2) A copy of the notice shall also be sent by the chief inspector to the council in whose district the factory is situate, and the council shall within two months from the date of receiving such notice from the chief inspector inform him whether the necessary repairs or improvements have or have not been effected.

(3) Unless such council within two months from the date of such notice by the chief inspector signifies to the chief inspector that such repairs or improvements have been effected the chief inspector may lay an information before a court of petty sessions that the occupier has failed to comply with the provisions of this section, and on such information may summon him to appear before a court of petty sessions and show cause why the registration of such factory should not be cancelled; and the court of petty sessions unless satisfied that such factory or such part thereof is not defective in any of the matters set forth in the notice sent by the chief inspector shall make an order directing the cancellation of such registration.

(4) In the case of a factory which is in the opinion as aforesaid of the chief inspector unsafe, the occupier shall immediately on being so notified take sufficient steps to safeguard the employes and cause use of the dangerous portions of the factory to be suspended (except on such conditions as the chief inspector sanctions) until the premises are rendered safe.

60. (1) Where it appears to an inspector that any act neglect or default in relation to any drain watercloset earthcloset privy ashpit water supply nuisance or other matter in a factory is punishable or remediable under the law relating to public health


but not under this Act such inspector shall give notice in writing of such act neglect or default to the council in whose district the factory is situate.

(2) Thereupon it shall be the duty of such council to make Council to such inquiry into the subject of the notice and take such action act' thereon as to such council seems proper for the purpose of enforcing the law.

61. (1) No part of a factory in which any of the operations ^gjn* of the factory are generally or occasionally carried on shall be &«(&«!, ac. used as a sleeping place. N0.577is.6i

(2) Without affecting the generality of the last preceding sub-section no part of a bakehouse, or of a factory of any other class to which the Governor in Council by proclamation published in the Government Gazette declares this sub-section to apply, shall be used as a sleeping place unless there is in such part an external glazed window of at least nine superficial feet in area, of which at least four and a half superficial feet are made to open for ventilation.

(3) For the purposes of this section all space on each floor except such part as is separated by a permanent substantial wall or partition extending from floor to ceiling shall be deemed to constitute one part of a factory.

(4) Every person who lets or occupies or continues to let or knowingly suffers to be occupied any place contrary to the provisions of this section shall be guilty of an offence against this Act.

62. (1) No person employed in a factory shall be permitted Meatom>tto to take meals in any room therein in which any manufacturing certain parts process is then being carried on or in which persons employed No sm? 6 in such factory are then engaged in their employment unless such factory is of open construction and is certified to by the chief inspector as being properly exempted from this provision.

(2) Where any manufacturing process or employment has for the purposes of this Act been declared by the Governor in Council to be dangerous or injurious to health no person employed in the factory in which any such manufacturing process or employment is carried on shall be permitted to take meals in any room therein in which such manufacturing process or employment is then being carried on or in which persons employed in such factory are or have been in the course of the day engaged in their employment; and the occupier of every such factory shall cause a fit and proper room to be provided within which the persons employed may take their meals so that the provisions of this Act shall not be contravened.

VOL. IV.—15

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Exemption.

Provision of seats. No. 5771 s. 63.

(3) If it is made to appear to the Minister that for any reason it is unnecessary that such a room should be provided in any such factory he may by licence under his hand exempt for any period not exceeding one year the occupier of such factory from so much of the provisions of the last preceding sub-section as requires such a room to be provided.

63. (1) The Minister may from time to time in writing require the occupier of any factory to provide in accordance with such requirement suitable sitting accommodation for female employes.

(2) Any person who fails to comply with any requirement of the Minister under this section shall be guilty of an offence against this Act.

Ambulance room with qualified attendant to be provided in certain factories. No. 5771 s. 64.

64. The occupier of every factory where— (a) more than six hundred persons are employed; or (b) work of a nature dangerous or injurious to health is

performed and more than one hundred persons are employed—

shall, if directed by the chief inspector in writing so to do, provide upon the premises an ambulance room equipped in the prescribed manner and under the charge of a person qualified as prescribed to render first aid treatment.

Offences. No. 5771 s. 66.

65. Any premises in or in connexion with which there is a contravention of or failure to comply with any provision of this Division shall be deemed not to be kept in conformity with this Act.

" Occupier." No. 5771 s. 66.

DIVISION 2 . OUTSIDE WORKERS.

66. Every person who issues or gives out or authorizes or permits to be issued or given out any material whatsoever for the purpose of any goods being wholly or partly prepared or manufactured outside a factory for trade or sale shall be deemed to be the occupier of a factory for the purposes of this Division and, if he has no factory within the meaning of this Act, his usual place of abode shall be deemed to be his factory for the purposes of this Division.

Record of 67. (1) Every occupier of a factory shall keep a record of outeide work aJj w o r k d o n e eisewhere than in his factory. factories to

N k577i 67 i^ ^ u c n r e c o rd shall be kept in such manner and give such particulars as are prescribed and shall be kept for the information of the inspectors, who shall be entitled to inspect and at all reasonable hours examine it


(3) In default of so keeping such record such occupier shall Penalty, be liable to a penalty of not more than Five pounds for every day for which without reasonable excuse the record is not kept as aforesaid.

(4) No person shall be convicted of an offence against this Exemption, section if he proves that—

(a) having taken all reasonable precautions against committing an offence, he had at the time of the alleged offence no reason to suspect that his act would be an offence against this section; and

(b) on demand made by or on behalf of an inspector he gave all information in his power with respect to the alleged offence.

68. (1) Every occupier of a factory shall forward to the %SZdl0bc Secretary monthly a copy in the prescribed form of every record ^SSiS?4

aforesaid for the preceding month. Nons77ii.68. (2) Notwithstanding anything in this Act the Secretary shall Publication,

publish in the Government Gazette for general information any such particulars contained in any such record as the Governor in Council from time to time thinks it necessary or desirable so to publish, including if the Governor in Council thinks fit the name and address of any such occupier.

(3) No such particulars shall be so published except in regard to or in connexion with some offence against this Act for which such occupier has been convicted.

69. (1) No occupier of a factory shall issue or give out or authorize or permit to be issued or given out any material whatsoever for the purpose of being wholly or partly prepared or manufactured outside a factory as—

(a) a fabric of linen, wool, silk or cotton or two or more of them or any substitute or substitutes for them or any of them;

(b) an article consisting of any fabric or material mentioned in the last preceding paragraph; or

(c) an article of clothing wearing apparel or footwear— for trade or sale except to persons who hold licences as outside workers under this section and within the number authorized by this section.

(2) No such outside worker shall employ any other person whatsoever in wholly or partly preparing or manufacturing such articles of clothing or wearing apparel or footwear except members of the worker's own family who—

(a) are under fourteen years of age; or

Material not to be siren to unlicensed out-workers. No. 577t s. 69.

Restriction on outside workers employing others.


Percentage of outside to inside workers.

To whom licence may be granted.

Term of licence or permission.

Workers in certain factories not to take material to be manufactured, &c, elsewhere.

(b) have been granted by the Secretary permission (subject to such conditions as are prescribed) to be so employed.

(3) The number of outside workers to whom material is issued or given out pursuant to this section by or with the authority or permission of the occupier of any factory shall not on any day be greater than one for every ten and one for any remaining fraction of ten workers employed in the factory.

(4) Subject to and for the purposes of this section the Secretary may grant licences to any persons who prove to his satisfaction that they are in necessitous circumstances or tor special reasons are unable to work in factories and may from time to time renew and at any time revoke any such licence or any permission aforesaid.

(5) No licence or permission under this section shall be granted or renewed for a longer period than twelve months.

(6) No person who is a worker in any factory in which any fabric or article aforesaid is wholly or partly prepared or manufactured for trade or sale shall take from the occupier of that or any other factory or otherwise any material whatsoever for the purpose of being wholly or partly prepared or manufactured (elsewhere than in a factory) as a fabric or article aforesaid for trade or sale.

Licensed out-worker not to work in a factory.

Licensed out-workers to answer inspector's questions.

Change of address.

Record of material supplied, &c., to be kept.

(7) No person licensed under this section may work in a factory.

(8) Every person licensed under this section shall answer all questions put to him by an inspector as to the person for whom the goods are being prepared or manufactured and the price or rate to be paid to himself therefor; but no woman or girl shall be asked such questions except by a female inspector.

(9) Every person licensed under this section who changes his address shall either personally or by written notice register with the Secretary such change of address.

(10) Every occupier of a factory shall correctly record in the prescribed form—

(a) the nature of all material issued or given out to outside workers;

(b) the name and address of each such outside worker; (c) the day and hour of each such issuing or giving out; (d) the amount and date of each payment to an outside

worker showing in respect of what material and at what rate each payment is made; and


(e) such other matters as are prescribed— and shall require each outside worker to sign his name in such record at the time of each payment to him; and each worker shall, when so required, so sign his name.

(11) The occupier shall produce such record to any 0,fr°d^$m

inspector when so required or directed by him. (12) In the event of the Secretary refusing to grant under ^w^r

to

this section to any person a licence or permission or any renewal thereof or revoking a licence or permission hereunder held by any person, such person may appeal to the Minister who may grant such licence or permission or renewal in place of the Secretary or may annul such revocation.

DIVISION 3.—FEMALES AND YOUNG PERSONS.

70. (1 ) No person shall employ in a factory any male under JJ^*^* sixteen or female under eighteen years of age— young or

(a) for more than forty-eight hours in any week; or No. 5771 s. 70. (b) for more than ten hours on any day; or (c) between the hours of nine o'clock (or, in the case of

a female under sixteen years of age, six o'clock) in the evening and seven o'clock in the morning.

(2) No person shall employ any male under sixteen years of age or female under eighteen years of age as type-setter in any printing office for longer than eight hours on any day, nor between the hours of six o'clock in the evening and six o'clock in the morning, except in a case of emergency with the permission of the Secretary, and then only on the condition that for twelve hours preceding and for twelve hours following such night work such male or female shall not be employed.

7 1 . (1 ) In a part of a factory in which there is carried on— Restrictions (a) the process of mercurial silvering of mirrors; or o ySSE 601

(b) the process of making white lead— PeeiS2Staa

no person shall employ any person under eighteen years of age, flcfodes. (2) In a part of a factory in which the process of melting or No-5771 s-71-

annealing glass is carried on no person shall employ any female under eighteen years of age.

(3) In a factory in which there is carried on— (a) the making or finishing of bricks or tiles not being

ornamental tiles; or (b) the making or finishing of salt—

no person shall employ any female under sixteen years of age. (4) In a part of a factory in which there is carried on—

(a) any dry grinding in the metal trade; or (b) the dipping of lucifer matches—

no person shall employ any person under sixteen years of age.

45(1 1958. Labour and Industry. No. 6283

Definition of employment and working for hire No. 5771 s. 72.

(5) No person shall employ any male under eighteen years of age or any female in any part of a factory in which wet spinning is carried on unless sufficient means are employed and continued for protecting the workers from being wetted and (where hot water is used) for preventing the escape of steam into the room occupied by the workers.

(6) The Governor in Council may if he thinks fit by Order published in the Government Gazette prohibit the employment in any factory of any person under the age of eighteen years at or in connexion with any particular machinery or class of machinery specified in such Order as dangerous for any such person to work.

(7) Notice of any prohibition by or under sub-sections (1) to (4) of this section shall be affixed in all factories or parts of factories to which it applies.

72. (1) A male under eighteen years of age or a female of any age who works in a factory whether for wages or not either in a manufacturing process or in cleaning any part of a factory for any manufacturing process or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever incidental to or connected with any manufacturing process or connected with the article made or otherwise the subject of any manufacturing process, shall save as is otherwise provided by this Act be deemed to be employed for the purposes of this Act.

(2) For the purposes of this Act, an apprentice shall be deemed to work for hire.

Penalty on parent for allowing child to be employed contrary to the Act. No. 5771 s. 73.

73. The parent or guardian of a person under eighteen years of age shall, if such person is employed in a factory contrary to the provisions of this Act, be guilty of an offence against this Act unless it appears to the court that the offence was committed without the consent connivance or wilful default of such parent or guardian.

DIVISION 4.—HOURS OF WORK.

Interpretation. No. 5771 s. 74. " Factory."

' Work.'

How hours of work in factories are to be reckoned. No. 5771 s. 75.

74. For the purposes of this Division— " Factory" includes any place in which footwear is

prepared or manufactured or partly prepared or manufactured for trade or sale.

" Work" includes any of the operations usually carried on in a factory.

75. Where any person is employed in any capacity in a factory during any day or week, then all the time during which such person is employed at any work whatsoever for the occupier of the factory during such day or week shall be deemed for the purposes of this Act to have been time worked in such factory.


76 . (1 ) No person shall employ or authorize or permit any AS to work person whomsoever to work on a Sunday in a factory in wholly factories i c . or partly preparing or manufacturing articles of clothing or ^ - m i T 76 wearing apparel or footwear or knitting or crocheting fabric for trade or sale or otherwise.

(2) No person other than a person who holds a licence as an Limitation of outside worker under this Act shall on any day before half-past in footwear seven o'clock in the morning or after six o'clock in the evening trade-

or on a Saturday after two o'clock in the afternoon and no person whosoever shall on a Sunday at any time whatever work in preparing or manufacturing or in partly preparing or manufacturing footwear for trade or sale.

(3) No person shall authorize or permit— (a) any person who does not hold a licence as an outside

worker under this Act to work on any day before half-past seven o'clock in the morning or after six o'clock in the evening or on a Saturday after two o'clock in the afternoon; or

(b) any person whomsoever to work on a Sunday at any time whatever—

in preparing or manufacturing or in partly preparing or manufacturing footwear for trade or sale.

(4) In any factory where— Limitation , . _ , . . . , , of working (a) any Chinese person is at any time employed; or f°c

utosrifs

(b) any article of furniture is prepared or manufactured cwnlseare or partly prepared or manufactured— furniture1 or

no person shall on any day before half-past seven o'clock in the made' morning or after five o'clock in the evening or on a Saturday after two o'clock in the afternoon or on a Sunday at any time whatever work for himself or for hire or reward either directly or indirectly or employ or authorize or permit any person whomsoever so to work.

(5) The registration of a factory the occupier of which IS Cancellation

convicted under this section of a third offence shall be forthwith registration of cancelled by the Secretary. afiSZteZc*.

77. (1 ) In any prosecution for an offence against any of the Evidence. provisions of this Division— No. 57713.77.

(a) evidence that at any time during which working is prohibited in relation to footwear any person was working in preparing or manufacturing or in partly preparing or manufacturing footwear shall be prima facie evidence that such person was working in preparing or manufacturing or partly preparing or manufacturing footwear for trade or sale;


Power to suspend operation of Division.

Penalty.

(b) evidence— (i) that at any time during which work is

prohibited in relation to Chinese persons or furniture in any factory sounds have been heard such as would ordinarily be heard if made by persons engaged in such factory in the usual work therein carried on; and

(ii) that during such time any member of the police force or inspector was refused or could not gain immediate admission to such factory—

shall be prima facie evidence that the provisions of this Division have been contravened by the defendant;

(c) the occupier of a factory shall be deemed to have permitted a person to work if any person whosoever is proved to have been working in the factory of such occupier during the time when work is prohibited.

(2) In order to meet the exigencies of trade the Secretary, after due inquiry and on payment of a fee of Three pounds, may subject to such conditions and restrictions as he thinks fit to impose suspend the operation of any provision of this Division in any one or more factories for a period of not more than two months; and the Secretary may at any time revoke any such suspension.

(3) If any person commits any breach of any condition or restriction specified in the terms of any suspension under the last preceding sub-section he shall be guilty of an offence against this Act.

References to " hour." No. 5771 s. 78.

How hours of work in shops to be reckoned.

PART VI.—SHOPS. DIVISION 1.—INTRODUCTORY.

78. (1) In and for the purposes of this Part— (a) where any particular hour is specified such hour

shall unless otherwise expressed refer to such hour after noon; and

(b) where a shop is required to be closed from a specified hour it shall be kept closed for the remainder of the day.

(2) Where any person is employed in any capacity in any shop during any day or week then all the time during which such person is employed at any work whatsoever for the occupier of the shop during such day or week shall be deemed for the purposes of this Act to have been time worked in such shop.


79. (1) Where under this Part a petition is made it shall be the duty of an officer of the Department to certify how many of the persons signing such petition are shopkeepers (exclusive of hawkers and pedlers) keeping shops within each municipal district or locality to which the petition relates of the classes or class of shops to be affected by the petition and also to state and certify the total number of the said shopkeepers keeping such classes or class of shops within such municipality district or locality.

(2) For the purposes of the signing of petitions under this Part by shopkeepers—

(a) a shop shall be deemed not to be one of the class or kind to be affected by any such petition unless the shopkeeper proves to the satisfaction of an inspector that at least thirty per centum of the total value of the whole stock in such shop consists of goods of the kind usually sold in such class or kind of shop but this paragraph shall not affect hairdressers' shops;

•(b) a stall or standing in a market shall be deemed not to be a shop.

Certification of petitions. No. 5771 s. 79.

For purposes of signing petitions certain shops and stalls in markets deemed not to be shops. -

DIVISION 2.—TRADING HOURS, GENERAL.

80. (1) Save as otherwise expressly provided in this Act all shops (except shops of the classes or kinds mentioned in the Fifth Schedule) shall be closed and kept closed—

(a) on Sundays, for the whole of the day; (6) on Saturdays, from the hour of one o'clock; (c) on all other days, frpm the hour of six o'clock or, in

the case of Ji air dressers' shops and tobacconists' shops, from the hour of seven o'clock;

(d) on all days when they may be open at any time, until the hour of eight o'clock in the morning or such earlier hour as is prescribed:

Provided that shops for the sale of motor cars (as defined in the Motor Car Act 1958) may remain open on Saturdays until the hour of six o'clock and on Fridays until the hour of ten o'clock.

(2) In addition to the foregoing every shop (except shops of the classes or kinds mentioned in the Fifth Schedule) shall be closed and kept closed for the whole of each day which by determination of the Wages Board having jurisdiction in respect of employes in such shop is to be observed as a public holiday.

81. Notwithstanding anything in paragraphs (b) (c) and (d) of sub-section (1) of the last preceding section butchers' shops shall (on the days referred to in those paragraphs) be closed and kept closed except during the hours during which the relevant Wages Board determines that employes in butchers' shops may work.

General hours for closing shops throughout Victoria other than Fifth Schedule shops. No. 5771 s. SO: No. 6096 s. 2.

Hours for closing of shops tor sale of motor cars.

Hours of trade for butchers' shops. No. 5771 s. 81.


Hours for 82 . (1 ) All shops for the sale of petrol benzine or other closins of shopslor motor spirit motor oil or motor accessories shall be closed and Sale of motor . . i j spirit, oil, &c. kept closed— No. 5771 s. 82;

(a) on Good Friday during the whole day; (b) on Sundays at all times except—

(i) the period between ten o'clock in the morning and twelve o'clock noon; and

(ii) an additional period of not more than two hours specified in that behalf in a permit issued by the Secretary as hereinafter provided and for the time being in force;

(c) On Saturdays or other public holidays (other than Easter Tuesday and the second or third day of January) at all times except—

(i) the period between seven o'clock in the morning and one o'clock in the afternoon; and

(ii) an additional period of not more than two hours specified in that behalf in such a permit; and

(d) on other days at all times except—

(i) the period between seven o'clock in the morning and six o'clock in the evening; and

(ii) an additional period of not more than two hours specified in that behalf in such a permit.

(2) Any shopkeeper or person acting or apparently acting in the management of any such shop who sells or permits to be sold from such shop at a time when such shop is required to be closed as aforesaid any petrol benzine or other motor spirit or motor oil or motor accessories shall be guilty of an offence against this Act:

Provided that if a sale of any such motor spirit oil or accessories to any traveller in a case of emergency (which such traveller could not reasonably have been expected to foresee) for the purpose of enabling him to continue any journey in a motor car takes place from any shop at any time when such shop should pursuant to this Act be closed (except Good Friday and Anzac Day) that sale or the opening of such shop for the purpose only of that sale shall be deemed not to constitute an offence if before the sale takes place the traveller supplies to the shopkeeper or

Sale of motor spirit, oil or during prohibited hours an sffence.

1958: Labour and Industry. No. 6283 455

person acting or apparently acting in the management of the shop the following information and verifies it by subscribing his name in the book kept by the shopkeeper pursuant to this section:—

(a) The registered number under the Motor Car Act 1958 and make of the motor car for which such motor spirit oil or accessories are purchased;

(b) The date and time of the purchase; (c) The name and address of the registered owner of the

motor car; and (d) The name of the person driving and the destination

of the driver, the reasons for the purchase and the circumstances claimed to constitute the case of emergency.

(3) Every shopkeeper of every such shop shall keep a book in the prescribed form in which he shall enter such information at the time of any such sale, and he shall retain such book in his possession for a period of three months after such book is completed.

(4) For the purposes of this section— " Motor accessories " includes spare parts for motor cars; " Motor car " means motor car within the meaning of the

Motor Car Act 1958; " Shop " includes any place or premises on or in which a •• shop."

pump for supplying motor spirit is installed as well as such pump itself.

(5) Nothing in the foregoing provisions of this section shall saving. be deemed to render unlawful the opening at any time of any shop or premises at which motor cars are garaged for the purpose only of the egress or ingress of motor cars from or to such shop or premises or to render unlawful the sale of petrol benzine or other motor spirit, at any time when shops for the sale thereof are required to be closed, from any automatic coin-operated pump or machine which may lawfully be used under the Petrol Pumps Act 1958, so long as neither the shopkeeper nor any other person on his behalf is in attendance to operate or supervise the operation of such pump or machine.

(6) Upon application in writing in the prescribed form made by the shopkeeper of any such shop specifying for the purposes respectively of paragraphs (b) (c) and (d) of sub-section (1) of this section the additional periods of not more than two hours during which he desires to keep his shop open for business, and upon payment of the prescribed fee, the Secretary shall issue a permit for the purposes of this section in accordance with the application, and every such permit shall remain in force until revoked as hereinafter provided or superseded by another permit so issued:

Interpretation.

" Motor accessories." " Motor car."

As to permits for additional times for sale of motor spirit, &c, on Sundays Saturdays and holidays, and other days.


Dispensing of prescriptions after hours fixed for closing. No. 5771 s. 83; No. 5896 s. 2.

Provided that— (a) an application may be made specifying for the

purposes of all or any of the said paragraphs (b) (c) and (d) of sub-section (1) of this section a different period of not more than two hours in respect of different months of the year, and in any such case the permit shall be issued accordingly;

(6) a permit shall not authorize any such shop to be or remain open for business on any day before seven o'clock in the morning or after eleven o'clock at night; and

(c) a permit shall not be issued to supersede an earlier permit within six months after the issue of that earlier permit unless the Minister is satisfied that there are special reasons why it should be so issued.

(7) Every permit issued pursuant to this section and for the time being in force shall at all times while the shop to which it relates is open for business be displayed and kept displayed at the shop in such a position that it may be readily seen by all persons making purchases at the shop and shall on demand be produced to an inspector at any such time.

(8) Where the shopkeeper or a person acting or apparently acting in the management of a shop to which this section relates is convicted of failing or neglecting to close the shop in accordance with this Part or of selling or permitting to be sold any goods at any time when by this Part such goods may not be sold, then the court may if it thinks fit, as part of the sentence, in addition to any other penalty imposed, revoke any permit issued pursuant to this section in respect of the shop, and where any permit is so revoked another permit shall not be issued in respect of the shop except with the approval of the Minister.

83. (1) A registered pharmaceutical chemist shall not, by reason only that he has on request dispensed a prescription by a legally qualified medical practitioner during hours when by this Act his shop is required to be closed, be guilty of an offence against this Act unless the door of the shop of such chemist is left open or unfastened during or after the dispensing of such prescription.

(2) Subject to the last preceding sub-section all chemists' shops shall be closed on Sundays from the hour of eight o'clock in the evening.

Interpretation. No. 5771 s. 84. " Race-meeting."

course."

DIVISION 3 . TRADING HOURS IN METROPOLITAN DISTRICT.

84o For the purposes of this Division— " Race-meeting" and " Race-course" have the like

meanings respectively as in section eighty-five of the Police Offences Act 1958;


" Sports" has the like meaning as in section one hundred " sports." and eleven of the said Act;

" Sports ground " has the like meaning as " Ground " has " spom in the said section one hundred and eleven. 8roun

85. (1) Shops in the Metropolitan District of the classes Or Trading hours

kinds mentioned in the Fifth Schedule shall be closed and kept Schedule

closed during the periods specified in that behalf by the regulations. ^°ps^n

(2) The Governor in Council may make regulations to have Regulations, effect in the whole or any part of the Metropolitan District requiring any class or kind of such shops to be closed during the whole of each year or any part of each year—

(a) on all or any stated days in each week from the hours stated in such regulations;

(b) on one or more stated days in each week from any hours fixed by such regulations and permitting such closed shops to re-open on such stated day or days for such other periods as are fixed by such regulations:

Provided that no such regulation shall apply to fruit shops in the area enclosed by Flinders-street Spencer-street Latrobe-street Victoria-street and Spring-street in the City of Melbourne or to fruit shops situate on any race-course or sports ground within the Metropolitan District while any race meeting or sports is or are being held on such race-course or sports ground.

(3) Such a regulation may be made as to shops of any class Preliminary or kind so specified for any or all of the purposes aforesaid but petition-shall in no case be made unless a petition therefor has previously been addressed to the Governor in Council and forwarded to the Minister.

(4) Such petition shall be signed by a majority of all the shopkeepers (exclusive of hawkers and pedlers) of the particular class or kind to be affected keeping shops within the Metropolitan District or part thereof for which the regulation is desired.

(5) Notwithstanding any petition received by the Minister shortest for the amendment or repeal of any such regulation every such ^^0°l regulation shall remain in force for not less than six months from the date of its publication in the Government Gazette.

86. Any tobacconist's shop situate on any race-course or Tobacconist's sports ground within the Metropolitan District may be kept open ra -c urse, while any race-meeting or sports is or are being held on such Mei/oVoiitan race-course or sports ground but not later than seven o'clock in Dlstrict-

. N O . 5 7 / 1 S. OOk

the evening.


87. (1) All farriers' work-shops within the Metropolitan District shall be closed and kept closed—

(a) on Mondays Tuesdays Wednesdays Thursdays Fridays and Saturdays until the hour of half-past seven o'clock in the morning;

(6) on Mondays Tuesdays Wednesdays Thursdays and Fridays from the hour of five o'clock in the evening;

(c) on Saturdays from the hour of eleven o'clock in the morning;

(d) on Sundays for the whole day.

(2) In any proceedings for an offence against this section it shall be a sufficient defence if it is proved that the work-shop was open for the sole purpose of putting a temporary shoe on a horse.

DIVISION 4. TRADING HOURS OUTSIDE METROPOLITAN DISTRICT.

Trading 8 8 . ( 1 ) Shops outside the Metropolitan District of the classes HitE1 o£ or kinds mentioned in the Fifth Schedule shall be closed and kept fhSps.1116 closed during the periods specified in that behalf by the regulations NO. 5771s. 88. or by-laws.

(2) Any municipal council may if it thinks fit at any time make alter and repeal by-laws in and for the municipality for requiring any such shops to be closed during the whole of each year or any part of each year—

(a) on all or any stated days in each week from the hours stated in such by-laws;

(b) on one or more stated days in each week from any hours fixed Dy such by-laws and permitting such closed shops to re-open on such stated day or days for such other periods as are fixed by such by-laws.

(3) Any such by-law may be made as to any such shops for any or all of the purposes aforesaid, but shall in no case be made unless a petition signed by a majority of the shopkeepers (exclusive of hawkers and pedlers) within such municipal district keeping shops of the class or kind to be affected has been previously presented to the municipal council.

89. (1) For the purposes of this section the Cities of Geelong Geelong West and Newtown and Chilwell and such portions of the Shire of Corio as are within a radius of ten miles of the general post office at Geelong and such portions of the Kardinia and Barwon ridings of the Shire of South Barwon as are within a radius of four miles of the general post office at Geelong shall form one district to be called the Geelong District.

Hours during which farriers' work-shops to be closed. No. 5771 s. 87.

Regulations as to closing shops in Geelong district. No. 5771 s. 89.

1958. Labour and Industry. No . 6283 459

(2) The Governor in Council may make regulations to have effect throughout the whole of the Geelong District providing for any of the purposes for which a municipal council is by this Division empowered to make by-laws.

(3) No such regulation shall be made unless a petition Preliminary therefor has previously been addressed to the Governor in Council peUtion-and forwarded to the Minister.

(4) Such petition shall be signed by a majority of all the shop-keepers (exclusive of hawkers and pedlers) keeping within the locality shops of the classes to be affected.

(5) When any such regulation is made any provisions to where by-iaw the contrary of any by-law previously or subsequently made or of inconsistent any regulation previously made which are inconsistent with such regulation of first-mentioned regulation shall thereupon be deemed to be of CO'SL'1" no force or effect whatever.

(6) Notwithstanding any petition received by the Minister shortest for the amendment or repeal of any such regulation such regulation regulations, shall remain in force for not less than six months from the date of its publication in the Government Gazette.

90. The provisions of Division three of this Part relating to *<™%* farriers' work-shops shall extend and apply to farriers' work-shops Sauarat.psat

in the City of Ballarat. No. 5771 s. 90.

DIVISION 5. GENERAL.

9 1 . ( 1 ) If in any shop any trade is carried on or any goods aosingshop are dealt in of such descriptions or kinds as would by or under of various' this Act necessitate such shop being closed during certain hours No"^™ s. 91-then such shop shall be closed for all purposes during such hours. NS.- 5937 f. 3.'

(2) For the purposes of this section, where any portion of a building is used as a shop for carrying on any trade or dealing in goods of any description or kind and any other adjoining portion of such building is used as a shop for carrying on any other trade or dealing in goods of any other description or kind, such portions of the building shall be deemed to be one shop unless separated from one another by such partitions and provided with such doors in such positions as are prescribed.

(3) Notwithstanding anything to the contrary in the foregoing Goods which provisions of this section, goods of any of the kinds or descriptions ™SmlsiJSld

mentioned in the Sixth Schedule to this Act may be sold from §*{* "J}£cn any shop of any class or kind mentioned in the Fifth Schedule to gj5j„*£ this Act at all times when a shop of that class o r kind is not Fifth required to be closed, without regard to the times at which other Schedule-shops in which any such goods are sold are required to be closed, and any shop of any such class or kind shall not cease to be a shop of that class or kind by reason only of the sale therefrom

'of any of the said kinds or descriptions of goods.


Power to suspend shop provisions at any public exhibition, bazaar, &c, for charitable purposes only. No. 5771 s. 9Z

Letting of barbers' chairs, &c. No. 5771 s. 93.

Hours of trading by house to house canvasjers, &c. No. 5771 s. 94.

Sitting accommodation to be provided in shop for employes. No. 5771 s. 95.

92. (1) The Minister may after due inquiiy and subject to such conditions as appear requisite suspend all or any of the provisions of this Act which relate to shops in any building or place in which a public exhibition of works of industry or art or a bazaar or fair for benevolent or charitable purposes is being held, but only if such exhibition is not carried on for the benefit or gain of any private persons.

(2) In the event of any breach of such conditions such suspension may at any time be revoked by the Minister.

93. (1) No person carrying on the business of a hairdresser barber or tobacconist shall let any chair or part of his shop to any other person for the purposes of the business of a hairdresser or barber except with the approval of the Industrial Appeals Court and subject to the next succeeding sub-section and to such other conditions as such Court determines.

(2) Where any person carrying on the business of a hairdresser barber or tobacconist lets any chair or part of his shop to any other person for the purposes of the business of a hairdresser or barber the person to whom the chair or part of the shop is let shall be deemed to be the employe of the person who lets it and shall be paid as such.

94. No person selling goods by house to house canvass or from a vehicle shall sell any such goods at any time when shops in which such goods are sold in the locality are by or under this Aot required to be closed.

95. (1) Every occupier of a shop shall cause to be provided sitting accommodation of the prescribed form or type for all persons employed in his shop in the proportion of one seat to every three persons employed; such sitting accommodation shall be conveniently situated for the use of the persons for whom it is provided.

(2) The occupier of any shop shall allow every person employed therein to make use of such sitting accommodation at all reasonable times during the day.

Ingress, egress, &c, to shops. N-j. 5771 s. 96.

Penalty for neglect to close shop.

96. (1) Every shop shall be provided by the occupier thereof with the prescribed means of ingress and egress and with the prescribed gangways stairways and passages (which shall not be obstructed) and with the prescribed appliances for the prevention and extinction of fire.

(2) The occupier of a shop shall not permit or suffer it or any part thereof to be at any time so overcrowded as to be dangerous or injurious to the persons of employes therein.


97. A shopkeeper shall not charge any manager or assistant imitation oi who resides on the premises in connexion with the shop in which r£ltun ° the business of such shopkeeper is carried on a greater sum as resM8embIe t0

rent for such premises than Twenty shillings per week. xTlm S W

98. ( 1 ) A shopkeeper or a person acting or apparently Penalty for

acting in the management of a shop or any other person who Ssho'p. fails or neglects to close his shop in accordance with this Part NO. 5771s. 98. or sells or permits to be sold any goods at any time when by this Part such goods may not be sold shall (unless any other penalty is expressly provided therefor) for the first offence be liable to a penalty of not more Ten pounds and for a second offence to a penalty of not less than Ten nor more than Twenty-five pounds and for a third or any subsequent offence to a penalty of not less than Twenty-five nor more than Fifty pounds.

(2) (a) If any person ordinarily employed in any shop as f™ ,lye*?r

a shop assistant is employed therein later than half an hour after detaining

the time of closing for a half-holiday, the employer shall be liable half-holiday.

to a penalty of not more than Two pounds for each offence in respect of each person so employed.

(b) Notwithstanding anything in the foregoing provisions of Exception, this sub-section the Secretary, after due inquiry and if satisfied that the circumstances so warrant, may exempt any specified employes from the operation of this sub-section for a stated period after the time of closing, and the employer shall not be liable under this sub-section in respect of employment during such period.

(3 ) Where any person anywhere at any time when any class of shops in the locality is required by this Act to be closed sells by auction any new goods such as are usually sold in any such shops such person (notwithstanding that he is a licensed auctioneer) shall be guilty of an offence against this Act.

Penalty for sale of ntw Roods by auction after hours for closing shops.

PART VII.—VARIOUS TRADES.

DIVISION 1. CARRIAGE OF GOODS.

99. (1 ) No person shall in or on any vehicle or animal Restriction whatsoever carry or permit any other person in his employment carting goods,

to carry any goods whatsoever for hire or reward or in the course &c* of t rade—

(a) on Sunday at any time ; (b) on Saturday before half-past seven o'clock in the

morning or after one o'clock in the afternoon ; (c) on any other day of the week before half-past seven

o'clock in the morning or after half-past six o'clock in the evening.

No. 577is. 99; No. 6136 s. 2.


(2) The restrictions contained in the last preceding sub-section shall not apply in respect of persons while solely engaged in—

(a) driving a taxi or hire car ; (b) carrying personal luggage of passengers from boats

trains omnibuses or aircraft which arrive at the destination of such passengers on Sunday ;

(c) driving tramway cars or motor omnibuses for conveying passengers;

(d) carrying perishable articles of human food ; (e) carrying livestock on any day other than Sunday ; (/) carrying parcels of laundry-work ; (g) carrying flowers plants or seedlings to market ; (h) carrying newspapers ; (0 carrying materials for the repair of tramways ; (/) carrying materials for repairing a breakdown of water

sewerage electricity gas or any other public service or of any plant in a factory which would otherwise have to be closed either forthwith or during the next working day for repairs ;

(k) carrying bones and meat refuse from butchers' shops ;

(/) removing dead animals ; (m) (from the first day of November in any year to the

fifteenth day of April next following) carrying ice ;

(n) (on any day, other than a Sunday, during the period from the first day of November in any year to the fifteenth day of April next following) carrying aerated waters cordials or ice cream; or

(o) carrying bees beehives the product of bees or apiarists' appliances utensils or materials in the course of the business of bee-keeping.

(3) The restrictions contained in sub-section (1) of this section so far as they relate to Sundays shall not apply to persons carrying aerated waters cordials or ice cream otherwise than for the delivery thereof from the place of manufacture or any depot of the manufacturer to any shop.

(4) Notwithstanding anything in the foregoing provisions of this section on the evening of the working day next preceding—

(A) Good Friday ; or (b) Christmas Day (except when Christmas Day falls

on a Sunday or Monday)— the carriage of goods may be continued until nine o'clock in the evening.


(5) Any person may if permitted in writing by the chief inspector or by any person authorized (whether generally or in any particular case) in writing in that behalf by the ohief inspector be employed in the carriage of goods—

(a) on Sunday at any time ; or (b) on any other day either before or after the hours

mentioned in this section. (6) Nothing in this section shall prevent any person from

travelling after the hours stated in this section to the extent only of taking the vehicle animal or goods into a yard garage or enclosed premises but such goods shall not be unloaded until the next day.

100. (1) The Governor in Council may make regulations Limitation ot for or with respect to— SSStas'and

(a) limiting the total number of hours in the week No.6577i during which any person may be employed for s- ,0°-wages as a carrier or carter in carrying or delivering any goods whatsoever or in assisting any such carrier or carter ;

(b) providing that every person so employed (other than persons employed in delivering bread and such other persons as are prescribed) shall during such hours as are specified in the regulation have a half-holiday on Saturday in each week and specifying the hours during which any person so employed who is so excepted shall have a half-holiday on some day in each week other than a Sunday.

(2) Notwithstanding anything in this Act, when any person is employed as a carrier or carter or in assisting a carrier or carter, all the time such person is employed at any work whatsoever by his employer shall be deemed for the purposes of this section to be time worked as a carrier or carter or in assisting such carrier or carter (as the case may be).

101. (1) No shopkeeper shall require or permit any apprentice or improver employed by him in any business to act as a carrier or carter or to deliver goods for a longer time than twenty hours out of the total number of working hours in any week.

(2) No employer shall require or permit— (a) any person under the age of eighteen years to deliver

goods exceeding twenty pounds in weight by means of a bicycle ; or

(b) any person to deliver goods by means of a bicycle which is not fitted with a prescribed type of carrier or container for holding such goods.

Hours for which apprentices or Improvers In shops may be employed in carting &c.

No. 5771 s. 101. Carriage of goods on bicycles.


Hours for delivery, &c., of bread. No. 5771 s. 102.

Proof of carting or delivery on sale.

Baking of bread on Sunday for trade or sale prohibited. No. 5771 s. 103.

Holidays for bread carters, &c. No. 5771 s. 104.

DIVISION 2 . BREAD.

102. (1) Every person— (a) who within the Metropolitan District at any time on

a Sunday or before six o'clock in the morning or after six o'clock in the evening on any other day carts or delivers bread on sale, whether in a retail or wholesale way, and whether the bread has been paid for or is to be paid for on or after delivery ; or

(b) on whose behalf any bread is so carted or delivered— shall be guilty of an offence against this Act.

(2) Where any seller of bread either himself or by any of his employes or by any other person carts or delivers bread at any time on a Sunday or before six o'clock in 'the morning or after six o'clock in the evening on any other day to any other person or at the house or premises of any other person, such bread shall unless the contrary is proved be deemed to have been carted or delivered on sale within the meaning of this section.

103. (1) No bread shall be made or baked on a Sunday before eleven o'clock in the evening for trade or sale : Provided that nothing in this section shall apply to the making of dough.

(2) Where in any week a public holiday falls on a Tuesday the Bread Trade Board may fix a time on the previous Sunday earlier than eleven o'clock in the evening after which bread may be made or baked for trade or sale and the provisions of sub-section (1) of this section shall not apply with respect to the making or baking on that Sunday after such time of bread for trade or sale.

104. (1) Every baker or pastrycook shall permit every person employed by him in delivering bread to have and take a holiday for the whole of each public holiday other than—

(a) Easter Tuesday; (b) the day after Good Friday ; (c) any public holiday proclaimed for the twenty-fourth

or thirty-first day of December being a Monday ; and

(d) in any case where by virtue of the operation of this section and of any other relevant provision (if any) of this Act and of any relevant determination (if any) made thereunder there would (apart from the operation of this paragraph) be more than three successive days on which the carting and delivery of bread is prohibited—such public holiday from among the said successive days as the Minister on the recommendation of the Bread Trade Board appoints by notice published in the Government Gazette.


(2) The employer of any person engaged in delivering bread offences, shall in respect of each such person who has not had and taken any holiday pursuant to this section be guilty of an offence.

(3) Every person who on any holiday under this section carts or delivers bread in any way whatever except by retail over the counter shall be guilty of an offence.

(4) No bread shall be made or baked for trade or sale between the hours of twelve noon on the day immediately preceding any holiday provided for in this section for persons employed in delivering bread and the hour of six o'clock in the evening on such holiday :

Provided that nothing in this sub-section shall apply to the making of dough.

(5) Every person who is guilty of an offence against this Penalty, section shall for a first offence be liable to a penalty of not more than Ten pounds and for a second offence to a penalty of not less than Five nor more than Twenty-five pounds and for a third or any subsequent offence to a penalty of not less than Twenty-five nor more than Fifty pounds.

105. Any person, not being an employe, who in any factory or in the course of trade or sale engages in the making baking or delivery of bread (except by retail over the counter) at any time when by virtue of this Act or any determination under this Act an employe may not be employed in the making baking or (as the case requires) delivery of bread shall be guilty of an offence and shall be liable for the first offence to a penalty of not more than Ten pounds, and for a second offence to a penalty of not less than Five nor more than Twenty-five pounds, and for a third or any subsequent offence to a penalty of not less than Fifty nor more than One hundred pounds.

106. The occupier of any premises where bread is made or baked for trade or sale shall make such provision as is required of him by the chief inspector to enable any inspector to enter the premises at any time of the day or night in the exercise of the inspector's powers and duties under this Act.

DIVISION 3. MEAT.

107. (1) Every butcher or seller of meat or maker or seller HMf-noiiday of small goods shall permit every person employed by him i n for'persons

delivering meat or small goods to have and take a half-holiday me"vt?rin8

from the hour of one o'clock in the afternoon on Monday Tuesday No. 5771 Wednesday Thursday Friday or Saturday in each week. s'107-

(2) The employer of any person engaged in delivering meat offence, or small goods shall in respect of each such person who has not in any week had and taken a half-holiday pursuant to this section be guilty of an offence against this Aot.

Penalty for any person making, &c. bread outside hours fixed for employe's. No. 5771 s. 105.

Provision for inspection of bakeries. No. 5771 s. 106.


Delivery of meat on Sunday prohibited. No. 5771 s. 108.

108. (1) Every person who on a Sunday delivers meat or small goods on sale whether in a retail or wholesale way and whether paid for or to be paid for on or after delivery and every person who causes any meat or small goods to be so delivered shall be guilty of an offence against this Act.

(2) Where any seller of meat or small goods either himself or by any of his employes or by any other person delivers meat or small goods on a Sunday to any other person or at any other person's house or premises such meat or small goods shall unless the contrary is proved be deemed to have been delivered on sale within the meaning of this section.

Half-holiday every week for persons delivering milk. No. 5771 s. 109.

DIVISION 4.—MILK.

109. (1) Every milk vendor shall permit every person employed by him in delivering milk to have and take a half-holiday from the hour of one o'clock in the afternoon on Monday Tuesday Wednesday Thursday Friday or Saturday in each week.

(2) The employer of any person engaged in delivering milk shall in respect of each such person who has not in any week had and taken a half-holiday pursuant to this section be guilty of an offence against this Act.

Watchmen to have one holiday a week. No. 5771 s. 110.

Billposung prohibited between 6 p.m. and 6 a.m. No. 5771 s. 111.

Interpretation. No. 5771 s. 112. "European labour."

" Chinsse."

DIVISION 5. WATCHMEN.

110. Every person employed as a watchman shall be granted one holiday in every week.

DIVISION 6.—BILLPOSTING.

111. No person shall post any bill on any wall fence or hoarding between the hours of six o'clock in the evening and six o'clock in the following morning.

112. DIVISION 7.

In this Division--STAMPING FURNITURE.

" European labour " means the labour of persons born in Europe or of their descendants wherever born.

" Chinese " includes persons having a Chinese father and mother.

Stamping ot furniture in factories. No. 5771 s. 113. Victorian made furniture to be stamped. No. 5771 s. 114.

113. All furniture manufactured in or sent out of or removed from any factory shall be legibly and permanently stamped.

114. All furniture manufactured or prepared either wholly or partly in Victoria shall as soon as it has been practically completed so as to permit the stamp being placed on it and before it is sent out or removed from the building premises or place in which it is so manufactured or prepared be stamped with a stamp of an indelible permanent ink or stain or impression.


115. (1) Such stamp shall set forth in legible type the certain manufacturer's true name and the address of the place in which be shown by such furniture was manufactured or prepared. If such furniture ^"5771 was only partly manufactured or prepared by such manufacturer s. us. the words " partly prepared by " shall be stamped above such manufacturer's name and address.

(2) Such stamp shall be placed on some pant of such furniture where it can be clearly and easily seen and read upon examining such furniture.

(3) Where an article of such furniture has been manufactured or prepared solely by European labour such stamp shall also set forth in legible type the words " European labour only ".

(4) Where an article of such furniture has been manufactured or prepared solely or partly by the labour of any Chinese person or on or in the premises of any Chinese employer such stamp shall also set forth in legible type the words " Chinese labour ".

(5) Where an article of such furniture has been manufactured or prepared partly by European labour and partly by the labour of persons other than Chinese such stamp shall also set forth in legible type the words " European and other labour ".

116. Every occupier of a factory or shop— penalties u r J r furniture

(a) who delivers or causes to be delivered to a purchaser unstamped or any new furniture which is not stamped pursuant d°uvered to this Act ; or «*££*

7 proper (b) who without having previously delivered a written NO^T)!0"'

statement such as is hereinafter referred to renders s-u 6

or delivers to a purchaser of new furniture an invoice account bill or receipt or enters into any time payment or other agreement which does not contain a written statement expressly and clearly showing whether such new furniture to which it relates was imported or was made by Chinese labour or by European labour only or by European and other labour—

shall be guilty of an offence against this Act.

117. (1) All furniture imported into Victoria for the purpose imported of sale shall be stamped, by the importer or consignee or buyer be stamped, for the purpose of re-sale thereof, within forty-eight hours after ^5771 •such furniture has been unpacked with a stamp of an indelible permanent ink or stain.

(2) Such stamp shall set forth in legible type the words "" imported furniture ".


Furniture stamps. No. 5771 s. 118.

118. (1) The stamps upon all furniture— (a) imported into Victoria for sale; or (6) manufactured in Victoria for sale solely by European

labour; or (c) manufactured in Victoria for sale partly by European

labour and partly by the labour of persons othei than Chinese—

shall be of an oblong shape and shall each (as the case may be) contain the words prescribed.

(2) The stamps upon all furniture manufactured in Victoria for sale solely or partly by the labour of any Chinese person or on the premises of any Chinese employer shall be triangular in shape and shall contain the words " Chinese labour ".

Certain furniture how stamped. No. 5771 s. 119.

119. The provisions of this Division with regard to the stamping of furniture shall not be deemed to be complied with in the case of wardrobes sideboards tables washstands bookcases cabinets hall stands hall seats dinner waggons church altars cupboards pedestals meat safes chiffoniers kitchen dressers chests of drawers and commodes unless each of the letters with which such articles are stamped is at least one-quarter of an inch long by one-eighth of an inch wide.

Penalty. No. 5771 s. 120.

120. Every person who— (a) wholly or partly manufactures or prepares furniture

and fails or omits to cause such furniture to be stamped as in this Division provided;

(b) exposes for sale or sells any furniture wholly manufactured or prepared by persons other than himself or his immediate employes and stamps the same with his own stamp;

(c) on any furniture wholly or partly made by persons other than himself or his immediate employes places a stamp implying or stating that such furniture was made by himself only;

(d) in any other way falsely stamps any furniture; (g) exposes for sale or sells or offers for sale any

furniture manufactured or prepared either wholly or partly in Victoria which is not stamped pursuant to this Division or which he knows to be falsely stamped; or

(/) removes or erases from or alters or adds to or attempts to remove or erase from or alter or add to any stamp on any furniture—

shall be guilty of an offence against this Act.


121. Every occupier of a factory or shop and the agents and stamps to tw employes of such occupier shall whenever so required by an fnspectotu inspector point out to such inspector where any article of furniture "5771 in such factory or shop is stamped in accordance with the ». 121. provisions of this Division.

PART VIII.—PLACES AND CONDITIONS OF EMPLOYMENT.

DIVISION 1. PLACES OF EMPLOYMENT.

122. (1) In every factory and shop and in every other place where persons are engaged in any trade subject to a Wages Board the occupier or employer shall cause to be made a true record in such form and giving such particulars as are prescribed as to the names work and wages of the persons employed therein and the name and age of every such person who is under twenty-one years of age; and such record shall be produced for inspection whenever demanded by the inspector and a true copy thereof shall be forwarded annually to the Secretary at such time as is prescribed or whenever demanded by the Secretary.

(2) There shall be kept printed painted or affixed in legible information Roman characters in some conspicuous place at or near the entrance of every factory shop or place aforesaid and in such other parts as an inspector from time to time directs and in such a position as to be easily read by the persons employed in such factory shop or place a notice containing—

(a) the name and address of the inspector for the district;

(b) (in the case of a factory) the name and address of the certifying medical practitioner for the district;

(c) (in the case of a factory) the applicable holidays; and

(d) true copies or abstracts of such provisions of this Act and the regulations as are prescribed or as are directed by the Minister.

(3) There shall also be kept printed painted or affixed in legible Roman characters, in such place as an inspector directs or approves, near to the outside of the principal outer door of every factory shop or place aforesaid the name of the occupier thereof.

123. (1) For the purpose of cleanliness in every factory all the inside walls of > the rooms and all the ceilings or tops of such rooms (whether such walls ceilings or tops are plastered or not) and all the passages and staircases of a factory if they have not been painted with oil or varnished once at least within seven years shall be limewashed or washed with some other wash liquid or material approved by the chief inspector once at least within

Record of employes to be kept. No. 5771 s. 122.

Name of occupier to be posted outside.

Limewashlng or washing of the interior of factories. No. 5771 s. 123..


Power to Minister to grant exemptions.

Non-application to certain trades.

Directions to paint, Ac, industrial premises.

every fourteen months, to date from the date when last limewashed or washed, and if they have been so painted or varnished shall be washed with hot water and soap once at least every fourteen months, to date from the date when last so washed.

(2) Where is appears to the Minister that in any class of factories or parts thereof the requirements of the foregoing provisions of this section are not necessary or are by reason of special circumstances inapplicable he may if he thinks fit on the recommendation of the Commission of Public Health by order made under this Act grant to such class of factories or parts thereof a special exemption from the requirements of this section.

(3) The foregoing provisions of this section shall not apply to blacksmiths' agricultural implement makers' and wheelwrights' shops foundries flour mills saw mills bone mills tanneries rope-walks smelting works hay and corn chaff-cutting corn-crushing wool-washing or boiler-making establishments.

(4) Without affecting the generality of the foregoing provisions of this section, the chief inspector may at any time when he considers it necessary in writing direct the occupier of any factory or shop or other place where persons are employed—

(a) to paint or varnish or lime-wash the premises or any portion thereof;

(b) to wash with hot water and soap the premises or any portion thereof—

in such manner and time as are specified in the direction. (5) Any premises in which there is a contravention of this

section or of any direction under this section shall be deemed not to be kept in conformity with this Act.

Painting, &c., interiors of bakehouses. No. 5771 s. 124.

124. All the inside walls of the rooms of every bakehouse and all the ceilings or tops of such rooms (whether such walls ceilings or tops are plastered or not) and all the passages and staircases of such bakehouse shall either be painted with oil or varnished or be washed with lime or some other wash material or liquid approved of by the chief inspector or be partly painted or varnished and partly so washed; where painted with oil or varnish there shall be three coats of paint or varnish and the paint or varnish shall be renewed whenever directed by the chief inspector, and shall be washed with hot water and soap once at least in every six months; where otherwise washed, such washing shall be renewed once at least in every six months.

Conveniences for employes. No. 5771 s. 125.

125. (1) The occupier of every shop office or building in which persons are working or employed in any trade whatever shall as prescribed construct privies and urinals for the use of such persons and where they are of different sexes separate privies for the use of each sex with approaches thereto properly separated for the sexes.


(2) The occupier of every shop office or building shall ventilation, provide such amount of ventilation as is prescribed.

(3) The occupier of every factory shop office or building HjjjJupand

shall provide such heating and cooling devices plant and coome-equipment as are prescribed.

126. (1) The Minister may from time to time in writing require the occupier of any factory shop or place to provide in accordance with such requirement—

(a) dining-rooms wash-rooms and shower-rooms for use of employes;

(b) rest-rooms for female employes; (c) facilities for the safe keeping of employes' clothes

and personal effects. (2) Any person who fails to comply with any requirement

of the Minister under this section shall be guilty of an offence against this Act.

127. (1) In respect of any matter under this Act relating to the construction of or structural alterations or additions to or painting varnishing lime-washing or washing of or the condition of or provision of ventilation sanitation or conveniences in any factory shop or other building the Minister may by notice in the prescribed form notify the owner of the premises concerned or any person receiving, whether on his own account or on account of another, rent of the premises that such owner or person will in respect of such matter be deemed to be the occupier of the premises, and for the purposes of this Act such owner or other person shall be deemed to be the occupier of the premises accordingly.

(2) Nothing in the foregoing provisions of this section shall affect the operation of this Act in relation to any other person who is an occupier of the premises.

(3) Any owner or person receiving the rent of the premises who is not primarily liable for any matter referred to in sub-section (1) of this section and whom the Minister has notified that he will be deemed to be in respect of such matter the occupier of the premises and who carries out such direction and has thereby incurred any expense shall be entitled to recover before a court of petty sessions or by action of debt in any court of competent jurisdiction from the person primarily liable the amount of any such expense paid by him.

DIVISION 2. CONDITIONS OF EMPLOYMENT.

128. (1) No employer shall employ any person for more |Jfc£alfor

than five hours continuously without an interval for a meal of "0.5771 such duration as the appropriate Wages Board determines, or in •••"• default of such determination of not less than half an hour.

Provision ot dining-rooms bath-rooms rest-rooms. Ac. •No. 5771 s. 126.

Owner, Ac-may be treated as occupier of premises for certain purposes. No. 5771 s. 127.


(2) When it appears to the Minister that the exigencies of trade require the suspension of the provisions of sub-section (1) of this section he may suspend such provisions and such suspension shall be notified under his hand and published in die Government Gazette.

Time-book. &c, for employes. No. 5771 B. 129.

129. (1) Every employer of any employe in any trade subject to a Wages Board shall provide and cause to be kept a book or other record in the prescribed form in which each employe shall enter on each day the times at which he commenced and finished work on that day and shall sign his name thereto.

(2) The employer shall produce such book or other record for inspection whenever demanded by an inspector.

(3) An employer shall be deemed to have complied with the foregoing provisions of this section if—

(a) he provides and causes to be kept as prescribed a time clock system or recording device by means of which each employe shall record the times at which he commenced and finished work; and

(b) he permits an inspector to inspect any such time clock and recording device and any cards tapes records and other devices or things used in connexion therewith whenever so demanded by such inspector.

Children not to be employed. No. 5771 s. 130.

130. (1) No person shall employ any child in any factory. (2) Notwithstanding anything in the foregoing provisions

of this section until the day fixed by proclamation under section three of the Education Act 1958 the Secretary may grant to any female child over the age of fourteen years who is not required to attend school under the Education Act 1958 permission to work in a factory if he is satisfied that the poverty of the parents or guardians of the child makes it desirable for the child to get employment and that the interests of the child will be best served by commencing work in a factory without waiting till such child becomes otherwise legally eligible so to work.

(3) As on and from the day fixed by proclamation under section three of the Education Act 1958 no person shall employ any child in any factory.

Certificate of fitness for employment of persons under sixteen. No. 5771 s. 131.

131. (1) No occupier of any factory shop or warehouse shall employ therein any person under the age of sixteen years unless such occupier has obtained a certificate in the prescribed form of the fitness of such person for employment therein:

Provided that such a certificate shall be required only in such cases as are prescribed or as the chief inspector owing to special circumstances by notice in writing requires.


(2) If such a certificate of fitness is not required every such occupier shall when demanded by an inspector obtain and produce a certificate of birth or declaration as to age of any child under the age of sixteen years employed by him.

(3) Any such certificate of fitness for employment may be granted by a certifying medical practitioner for the district, and shall be to the effect that he is satisfied by the production of a certificate of birth or other sufficient evidence that the person named in the certificate of fitness is of the age therein specified and has been personally examined by him and is not incapacitated by disease or bodily infirmity for working daily for the time allowed by law in the factory shop or warehouse named in the certificate.

(4) All factories shops and warehouses or any of them or any class or classes of factories shops and warehouses may be named in the certificate of fitness for employment if the certifying medical practitioner is of opinion that he can truly give the certificate for employment therein.

(5) Where a certificate of fitness for employment is to the effect that the certifying medical practitioner has been satisfied of the age of the person by evidence other than the production of a certificate of birth an inspector may by notice in writing annul the certifying medical practitioner's certificate if he has reasonable cause to believe that the real age of the person named in it is less than that mentioned in the certificate and thereupon that certificate shall be of no avail for the purposes of this Act.

(6) The occupier shall when required produce to an inspector at the factory shop or warehouse in which a person under sixteen years of age is employed the certificate of fitness of such person for employment which he is required to obtain under this section.

132. No person shall cause or permit any male under the age Restriction of eighteen years or any female engaged in any trade to lift or "ei tsby carry by land a greater weight than— NTS™

(a) if a male— s132-

(i) under sixteen years of age, thirty pounds; (ii) not less than sixteen but under eighteen

years of age, forty pounds; (b) if a female—

(i) under sixteen years of age, twenty pounds; (ii) not less than sixteen but under eighteen

years of age, twenty-five pounds; (iii) not less than eighteen years of age,

thirty-five pounds.


Fortnightly payment of earnings. No. 5771 s. 133.

133. Every employer shall pay or cause to be paid at least once in every fortnight all earnings due to every person employed by him in any trade to which any determination applies.

Employes not to be paid in goods or board and lodging. No. 5771 s. 134.

134. Where a piecework price or a wages rate has been fixed by any determination no person shall either directly or indirectly require or compel any person affected by such determination to accept goods of any kind or board or lodging in lieu of money or in payment or part payment for any work done or wages earned, and the receipt or acceptance of any goods or board or lodging shall not be deemed to be payment or part payment for any such work or of any such wages.

Aged infirm or slow workers. No. 5771 s. 135.

135. (1) If it is proved to the satisfaction of the Secretary that any person by reason of age infirmity or slowness is unable to obtain employment at the minimum wage fixed by any determination, the Secretary may in such case grant to such aged or infirm or slow worker a licence for twelve months to work at a less wage (to be named in such licence) than the said minimum wage, and such licence may be renewed from time to time.

(2) No person shall without the consent of the Minister employ in any factory a number of persons so licensed exceeding one-fifth of the whole number of persons who are employed in such factory at not less than the minimum wage fixed for adults or at piecework prices except that one person so licensed may be employed in any factory.

(3) If the Secretary refuses to grant a licence to any person under this section such person may appeal to the Minister who may grant such licence in the place of the Secretary.

(4) Every person who either directly or indirectly or by any pretence or device pays or offers to pay or permits any person to offer or pay any such aged or infirm or slow worker at a lower rate than that fixed by the Secretary in the licence shall be guilty of an offence against this Act.

Occupier of factory or shop not to Have employe's as lodgers. No. 5771 s. 136. Fifth Schedule.

136. (1) Except with the consent of the Secretary and subject to such conditions as the Secretary directs no occupier of a factory or shop (other than a shop mentioned in the Fifth Schedule) nor the wife husband son or daughter of any such occupier shall directly or indirectly for any consideration keep or receive adult employes as boarders or lodgers or have any share or interest in the keeping of a lodging-house in which employes of such occupier board or lodge.

(2) Except as in this section provided no employ^ shall pay to any occupier of a factory or shop or to the wife husband son or daughter of any such occupier any sum of money whatever for board or lodging or give credit therefor.


137. ( 1 ) Without affecting the provisions of the Servants' No premium Registry Offices Act 1958 every person who either directly or demaSded&c. . ,. J., " J r J for employing i n d i r e c t l y certain

persons. (a) requires or permits any person to pay or give; or J*"}^ 7 7 1

(b) demands or receives from any person— any premium fee gift reward bonus or consideration—

(i) for engaging or employing; or (ii) for inducing or attempting to induce any person to

engage or employ— any person under the age of twenty-one years in work to which a determination of any Wages Board (other than the Chemists' Board) applies shall be guilty of an offence and shall be liable to a penalty of not less than Five pounds and not more than One hundred pounds.

(2) Every person who either directly or indirectly— Asto (a) requires or permits any person to pay or give; or Pncueof (b) demands or receives from any person— "Jte minauon

any premium fee gift reward bonus or consideration (other than g0^demists'

a premium of not more than One hundred p o u n d s ) — applies. ( i ) for engaging or employing; or

(ii) for inducing or attempting to induce any person to engage or employ—

any person under the age of twenty-one years in work to which a determination of the Chemists' Board applies shall be guilty of an offence and shall be liable to a penalty of not less than Five pounds and not more than One hundred pounds.

(3) Every person who pays or gives any premium fee gift Recoreryof reward bonus or consideration which by reason of this section premum

may not be demanded may recover it, or (as the case may be) so much thereof as by reason of this section may not be demanded, as a civil debt recoverable summarily in any court of competent, jurisdiction from the person who received it.

(4) In this section "Chemists' Board" means the Wages "chemists' Board appointed to determine the lowest prices or rates which may be paid to any persons employed in a shop dispensing compounding or selling medicines drugs or medicinal preparations.

138. (1) Except with the written consent of the Minister no certain i ii • •.. . <. guarantees

person shall require or permit any person to pay any sum of megai. money or enter into or make any guarantee or promise requiring No,-3|

771

or undertaking that such person shall pay any sum of money in the event of the behaviour or attendance or obedience of any apprentice improver or employe not being at any time satisfactory to the employer.


Factories shops and warehouses with certain exceptions to be closed on Anzac Day. No. 5771 s. 139. Seventh Schedule.

Power to add classes of factories &c to Seventh Schedule by proclamation.

Weekly holidays in shops &c. specified In Eighth Schedule. No. 5771 ?. 140.

(2) Any guarantee or promise as aforesaid or to the like effect entered into or made without the written consent of the Minister shall be null and void.

(3) Any sum which is paid in pursuance of any guarantee or promise made in contravention of this section shall be returned to the person paying it; and the person who has so paid any such sum may if it is not returned to him on demand recover it as a civil debt recoverable summarily in any court of competent jurisdiction from the person who received it.

139. (1) Notwithstanding anything in this Act every factory shop and warehouse (except a factory shop or warehouse of a class or kind specified in or added by proclamation of the Governor in Council to the Seventh Schedule) shall be closed and kept closed on Anzac Day, and every employe (except persons solely employed for the purpose of safeguarding the premises) in such factory shop or warehouse shall be given a whole holiday on that day.

(2) The Governor in Council may from time to time by proclamation amend the Seventh Schedule to this Act by adding thereto any class or kind of factories shops or warehouses; and the Seventh Schedule as so amended shall have the same force and effect as if such amendment had been enacted in this Act.

(3) Every such proclamation shall be laid before both Houses of Parliament as soon as may be after it is made.

140. All persons employed in any establishment specified in the Eighth Schedule shall in each week be entitled—

(a) where such establishment is usually open on all seven days of the week, to holidays of one whole day and also of one half-day from the hour of one o'clock;

(Z>) where such establishment is usually open on six, but not seven, days of the week, to a holiday of one half-day from the hour of one o'clock on one of the six days on which the establishment is so open.

Regulations fixing annual trade holidays. No. 5771 s. 141.

141. (1) The Governor in Council on the recommendation of any Wages Board may from time to time make regulations fixing a day in each year for a holiday for employes in any trade in the whole or any part of Victoria; but no such regulation shall operate to close fruit shops in the Metropolitan District during the months of January or February.

(2) Every occupier of premises in which such trade is carried on in a part of Victoria to which such regulation applies and every employer who is affected by any such regulation shall


(unless in the case of any necessarily continuous process the Wages Board otherwise determines)—

(a) give to every employe working for him in connexion with such trade a whole holiday in each year on the day so fixed;

(b) keep closed throughout such day any premises in which any such trade is carried on by him or, if he carries on any other trade in such premises being a shop, keep securely covered by cloths or otherwise throughout such day all goods relating to such first-mentioned trade.

DIVISION 3.—ANNUAL HOLIDAYS.

142. (1) In this Division unless inconsistent with the context interpretation, or subject-matter— £°i42?71

" Employer" means any person employing any worker " Employer." and includes the Crown.

" Ordinary pay" in relation to any worker means remuneration for the worker's normal weekly number of hours of work calculated at the ordinary time rate of pay and, where the worker is provided with board or lodging by his employer, includes the cash value of that board or lodging.

" Week" in relation to any worker means the worker's ordinary working week.

" Worker " means any person employed by any employer to do any work for hire or reward and includes an apprentice and any other person- whose contract of employment requires him to learn or to be taught any occupation.

(2) For the purposes of the definition of the term " ordinary pay " in sub-section (1) of this section—

(a) where no ordinary time rate of pay is fixed for a worker's work under the terms of his employment the ordinary time rate of pay shall be deemed to be the average weekly rate earned by him during the period in respect of which the right to the annual holiday accrues;

(b) where no normal weekly number of hours is fixed for a worker under the terms of his employment, the normal, weekly number of hours of work shall be deemed to be the average weekly number of hours worked by him during the period in respect of which the right to the annual holiday accrues;

(c) the-cash value of any board or lodging provided for a worker shall be deemed to be its cash value as fixed by or under the terms of the worker's

VOL. IV.—16

" Ordinary pay."

' Week."

' Worker.'

" Ordinary pay."

478. 1958. Labour and Industry. No. 6283

" Year of employment."

Determination of disputes.

No local or trade exemptions.

Annual holidays with pay. No. 5771 B. 143.

employment or, if it is not so fixed, shall be computed at the rate of Twenty shillings a week for board and Ten shillings a week for lodging:

Provided that the value of any board or lodging or the amount of any payment in respect of board or lodging shall not be included in any case where the board or lodging is provided or the payment is made not as part of his ordinary pay, but because the work, done by the worker is in such a locality as to necessitate his sleeping elsewhere than at his genuine place of residence, or because of any other special circumstances.

(3) For the purposes of this Division a year of employment shall be deemed to be unbroken notwithstanding—

(a) any annual leave or long service leave taken therein; (b) any interruption or ending of the employment by

the employer if such interruption or ending is made with the intention of avoiding obligations in respect of annual leave or long service leave;

(c) any absence from work of not more than fourteen days in the year of employment on account of sickness or accident;

(d) any absence on account of leave (other than annual leave or long service leave) granted imposed or agreed to by the employer:

(e) any absence on any other account not. involving termination of employment—

and in calculating a year of employment any absence of a kind mentioned in paragraphs (a) (b) or (c) of this sub-section shall be counted as part of the year of employment but in respect of absences of a kind mentioned in paragraphs (d) and (e) of this sub-section it will be necessary for the worker as part of his qualification for annual leave to serve such additional period as equals the period of such absences.

(4) Any dispute as to whether or when a worker is entitled to annual leave shall be referred to the Secretary whose decision shall be final.

(5) The operation of this Division shall not in any way be limited by the provisions of section six of this Act.

143. (1) Except as otherwise provided in this Division every worker shall at the end of each year of his employment by an employer become entitled to an annual holiday of two weeks on ordinary pay.

(2) The annual holiday shall be given and taken in two consecutive weeks or, if the worker and the employer so agree, in two separate periods and not otherwise.


(3) If the worker and the employer so agree the annual holiday or either of such separate periods may be taken wholly or partly in advance before the worker has become entitled to the annual holiday.

(4) The annual holiday shall be given by the employer and shall be taken by the worker before the expiration of a period of six months after the date upon which the right to such holiday accrues:

Provided • that the giving and taking of the whole or any separate period of such annual holiday may, with the consent in writing of the chief inspector, be postponed for a period to be specified by him in any case where he is of opinion that circumstances render such postponement necessary or desirable.

(5) Except as provided in the next succeeding section payment shall not be made by an employer to a worker in lieu of any annual holiday or part thereof to which the worker is entitled under this Division nor shall any such payment be accepted by the worker. , ,

(6) (a) The employer shall give each worker at least seven days' notice of the date from which his annual holiday shall be taken.

(6) The employer, shall pay each worker in advance before the commencement of the worker's annual holiday his ordinary pay for the holiday period.

(7) Where the annual holiday or any part thereof has been taken before the right to the annual holiday has accrued the right to a further annual holiday shall not commence to accrue until after the expiration of the year of employment in respect of which the annual holiday or part has been so taken.

(8) Where any trade or public holiday for which the worker is entitled to payment under any Act or determination or under his contract of employment occurs during any period of an annual holiday taken by a worker under this section, the period of the holiday shall be increased by one day in respect of that trade or public holiday.

144. (1) Where— HolMl

(a) the employment of a worker who has become entitled S^SSS to the annual holiday provided by this Division is No.5771 terminated; and

(b) the worker has not taken any part of that holiday— the employer shall be deemed to have given the holiday to the worker from the date of the termination of the employment and shall forthwith pay to the worker, in addition to all other amounts due to him, his ordinary pay for the period of that annual holiday.

lay pay where holiday

8.144.


(2) Where— (a) the employment of a worker who has become entitled

to the annual holiday provided by this Division is terminated; and

(b) the worker has taken part of that holiday— the employer shall be deemed to have given the remaining part of that holiday to the worker from the date of the termination of the employment and shall forthwith pay to the worker, in addition to all other amounts due to him, his ordinary pay for the period of that remaining part.

(3) (a) This sub-section applies with respect to every period of employment of a worker by any employer which is less than one year, such period being computed from the date of the commencement of the employment or (where the worker has during the employment become entitled to any annual holiday or holidays under the last preceding section) computed from the date upon which he became entitled to that annual holiday, or to the last annual holiday as the case may be.

(b) Where the employment of any worker by any employer is terminated at the end of a period of employment to which this sub-section applies the employer shall forthwith pay to the worker, in addition to all other amounts due to him, an amount equal to one twenty-fifth of his ordinary pay for that period of employment.

(4) Where the annual holiday under the last preceding section or any part thereof has been taken in advance by a worker pursuant to sub-section (3) of that section and—

(a) the employment of the worker is terminated before he has completed the year of employment in respect of which such annual holiday or part was taken; and

(b) the sum paid by the employer to the worker as ordinary pay for the annual holiday or part so taken in advance exceeds the sum which the employer is required to pay to the worker under sub-section (3) of this section—

the employer shall not be liable to make any payment to the worker under sub-section (3) of this section and shall be entitled to deduct the amount of such excess from any remuneration payable to the worker upon the termination of the employment.

(5) (a) Where an employer intends temporarily to close (or reduce to nucleus) his establishment or a section thereof for the purpose (inter alia) of allowing annual leave to the workers concerned or a majority of them he may give in writing to such workers one month's notice (or, in the case of any worker engaged


after the giving of such notice, notice on the date of the worker's engagement) that he elects to apply the provisions of this sub-section; and thereupon—

(i) any such worker who at the date of closing is entitled to his annual holiday shall be given his annual holiday commencing as on and from the date of closing and, in addition, shall be paid one twenty-fifth of his ordinary pay for any period of employment after the accrual of his right to the annual holiday and up to but excluding the date of closing;

Cii) any such worker who at the date of closing is not entitled to his annual holiday shall be given leave without pay as on and from the date of closing and shall be paid one twenty-fifth of his ordinary pay for the period of his employment since the commencement thereof or the accrual of his last annual holiday (whichever is the later) and up to but excluding the date of closing, together with pay for any trade or public holiday during such leave for which he is entitled to payment under any Act or determination or under his contract of employment; and

(iii) the next twelve-monthly qualifying period of employment for every such worker shall commence as on and from the date of closing.

(b) In this sub-section " date of closing " in relation to each worker means the first day of his annual holiday or leave pursuant to this sub-section.

145. (1) The following provisions shall apply in every case where provision is made by or under any enactment, other than this Division, or by any determination or contract of employment for annual holidays or annual leave for any worker:—

(a) Where the worker is entitled under such provision to any benefit that is more favourable to the worker than the benefits provided by either of the last two preceding sections those sections shall not apply to the worker and the worker shall be entitled to the benefit under the said provision;

(b) Where the worker is entitled under any such provision to any benefit that is not more favourable to the worker than the benefits provided by either of the last two preceding sections the appropriate one of those sections shall apply to the worker and no benefit shall be allowed to the worker under that provision in respect of any period of employment to which this Division applies.

Special provisions— Annual holidays otherwise than under this Division. No. 5771 s. US.


(2) Where under any determination provision is made for the granting to a worker, who is a seven-day shift worker and is required to work regularly on Sundays and public holidays, of a holiday in addition to that granted to other workers under such determination—

(a) such additional holiday shall not be regarded as a benefit under that determination for the purposes of sub-section (I) of this section;

(b) the rights of the worker to such additional holiday shall not be affected by anything contained in this Division.

(3) Where by virtue of paragraph (a) of sub-section (1) of this section a worker is entitled to annual holidays or annual leave under any enactment other than this Division or by any determination or contract of employment, if the annual holiday or annual leave or any part thereof is taken by the worker before the end of any year of employment and—

(a) the employment of the worker is terminated before he has completed the year of employment in respect of which such annual holiday or annual leave or part thereof was taken; and

(b) the sum paid by the employer to the worker as payment in respect of the annual holiday or annual leave or part thereof so taken exceeds an amount equal to one twenty-fifth of his ordinary pay for the actual period of employment during the broken year of employment—

the employer shall be entitled to deduct the amount of such excess from any remuneration payable to the worker upon the termination of the employment.

Contracting out prohibited No. 5771 «. 146.

146. Subject to the provisions of sub-section (1) of the last preceding section—

(a) the provisions of this Division shall have effect notwithstanding any stipulation to the contrary;

(b) no contract or agreement shall operate to annul or vary or exclude any of the provisions of this Division.

Employment of worker during brumal holiday, prohibited. No. 5771 s. 147.

147. (1) No worker shall during any period when he is taking his annual holiday engage in any employment for hire or reward.

(2) No person shall knowingly employ any.worker for hire or reward during any period when such worker is taking his annual holiday.

1958. Labour and Industry. No. 6283 483 „ .

148. Every employer shall keep or cause to be kept a gjpl^dsa

u ' holiday record in the prescribed form and containing the prescribed reSrd"

, No. 5771 .„ . ... .- X s. 148.

particulars.

149. (1) Any worker may apply to a court of petty sessions ?egsveryof

consisting of a stipendiary magistrate sitting either with or without N°0- 5^,pay' justices for an order directing the employer to pay to the worker s-149-the full amount of any remuneration or payment which has become due to the worker under this Division at any time during a period of eighteen months immediately preceding the date of the application.

(2) The court may make any order it thinks just in the matter and may award costs to either party and assess the amount of such costs.

No. 5771 s. 150. ' Employer."

DIVISION 4.—LONG SERVICE LEAVE.

150. (1) In this Division unless inconsistent with the context Interpretation.

or subject-matter— " Employer" means any person employing any worker

and includes the Crown. " Ordinary pay" means remuneration for a worker's •• ordinary

normal weekly number of hours of work calculated pay'"'. at his ordinary time rate of pay as at the time of the accrual to the worker (or his personal representative) of the entitlement concerned; and where the worker is provided with board or lodging by his employer includes the cash value of that board or lodging.

- " Worker " means any person employed by any employer *• worker." to do any work for hire or reward and includes an

- apprentice and any other person whose contract of employment requires him to learn or to be taught any occupation.

(2) For the purposes of the definition of " ordinary pay " in the last preceding sub-section—

(a) where no ordinary time rate of pay is fixed for a worker's work under the terms of his employment the ordinary time rate of pay shall be deemed to be the average weekly rate earned by him during the period of twelve months immediately prior to the date of the accrual to the worker (or his personal representative) of the entitlement

' concerned; (b) where no normal weekly number of hours is fixed

for a worker under the terms of his employment the normal weekly number of hours of work shall

As to " ordinary pay."


be deemed to be the average weekly number of hours worked by him during the period of twelve months aforesaid;

(c) the cash value of any board or lodging provided for a worker shall be deemed to be its cash value as fixed by or under the terms of the worker's employment or, if it is not so fixed, shall be computed at the rate of Twenty shillings a week for board and Ten shillings a week for lodging:

Provided that the value of any board or lodging or the amount of any payment in respect of board or lodging shall not be included in any case where the board or lodging is provided or the payment is made not as part of his ordinary pay but because the work done by the worker is in such a locality as to necessitate his sleeping elsewhere than at his genuine place of residence or because of any other special circumstances.

Operation. (3) The operation and application of this Division shall not in any way be limited by the provisions of section six of this Act.

what 151. (1) For the purposes of this Division employment SStin'tSS (whether before or after the commencement of this Act) shall iTP577ient deemed to be continuous notwithstanding— '•151- (a) the taking of any annual leave or long service leave;

(b) any absence from work of not more than fourteen days in any year on account of illness or injury;

(c) any interruption or ending of the employment by the employer if such interruption or ending is made with the intention of avoiding obligations in respect of long service leave or annual leave;

(d) any interruption arising directly or indirectly from an industrial dispute;

(e) the dismissal of a worker if he is re-employed within a period not exceeding two months from the date of such dismissal;

(/) the standing down of a worker on account of slackness of trade;

(g) any other absence of the worker by leave of the employer, or on account of injury arising out of or in the course of his employment.

(2) In calculating the period of continuous employment of any worker, any interruption or absence of a kind mentioned in paragraphs (a) to (c) of the last preceding sub-section shall be counted as part of the period of his employment but any

1958. Labour and Industry. No . 6283 485

interruption or absence of a kind mentioned in paragraphs (d) to (g) of the said sub-section shall not be counted as part of the period of employment.

(3) (a) Where a business is whether before or after the , commencement of this Act transmitted from an employer (in this paragraph called the transmittor) to another employer (in this paragraph called the transmittee) and a worker who at the time of such transmission was an employe of the transmittor in that business becomes an employe of the transmittee—

(i) the continuity of the employment of the worker shall be deemed not to have been broken by reason of such transmission;

(ii) the period of employment which the worker has had with the transmittor or any prior transmittor shall be deemed to be employment of the worker with the transmittee.

(b) In this sub-section— " Business " includes trade process business or occupation, " Business."

and includes part of any such business. " Transmission " includes transfer conveyance assignment •• Trans-_

or succession whether by agreement or by operation of law and " transmitted" has a corresponding interpretation.

(4) Where the employment of a worker apprenticed to an employer has whether before or after the commencement of this Act been continued by that employer upon or at any time within three months after the completion of the apprenticeship the period of the apprenticeship shall be counted as part of the period of continuous employment of that worker with that employer.

(5) (a) Any period of service as a member of the naval military or air forces (other than as a member of the permanent forces) of the Commonwealth of Australia or as a member ot the Civil Construction Corps established under the Commonwealth Act known as the National Security Act 1939 shall be deemed to be employment with the employer by whom the worker concerned was last employed before he commenced to serve as such member.

(b) For the purposes of this sub-section, in the case of a worker whose last employment was temporary employment during a stand down period " employer by whom the worker concerned was last employed " means the employer who stood down the worker.

152. (1) The continuous employment by an employer of a A* to worker who is employed by him.at the commencement of this btforeyment

Act shall for the purposes of this Division commence at the mZmStAet. actual date (before the commencement of this Act) of such N0.577J employment:


26th November, 1953.

Transitory provision.

Exemptions. No. 5771 s- ls3i No. 5919 s. 2.

Provided that in computing entitlement to long service leave under this Act—

(a) any continuous employment before the commencement of the Factories and Shops (Long Service Leave) Act 1953 to the extent to which it is in excess of twenty years shall be disregarded;

(b) any long service leave (or payment in lieu thereof) granted to the worker in respect of any period of employment which is under this section taken into account in computing the worker's entitlement to long service leave under this Division shall be taken into account and be deemed to have been leave taken under this Division.

(2) (a) Where the employment of a worker was for any cause other than serious and wilful misconduct terminated by the employer on or after the first day of June One thousand nine hundred and fifty-three but before the date of the commencement of the Factories and Shops (Long Service Leave) Act 1953 then unless it is proved to the satisfaction of the Industrial Appeals Court that such termination was not in any manner whatsoever connected with or related to the matter of the entitlement or prospective entitlement of that worker to any long service leave such worker shall for the purposes of this Division be deemed to have continued to be employed by the employer until the date of the commencement of the Factories and Shops (Long Service Leave) Act 1953 and to have been dismissed on that date; and if as on that date he has (including any period of employment by virtue of this sub-section) been in the continuous employment of such employer for a period of not less than ten years such employer shall pay to such worker or his personal representative in lieu of long service leave a sum equal to the amount of his ordinary pay for a period equalling one-eightieth of his period of continuous employment aforesaid.

(b) For the purposes of this sub-section a worker's ordinary pay shall be calculated as if his entitlement under this sub-section accrued on the date of the actual termination of his employment.

153. (1) The Industrial Appeals Court may, subject to such conditions as it thinks fit to impose from time to time, exempt any employer in respect of all or any or any class of his workers from the operation of the provisions of this Division in any case where the Court is satisfied—

(a) that such workers are under the terms of employment with the employer entitled on a basis not less favourable than that prescribed by this Division—

(i) to long service leave; or (ii) (whether or not solely at the cost to the

employer, but at not less cost to the employer than the cost involved in


providing long service leave under this Division) to superannuation benefits or to superannuation benefits and long service leave; and

(b) that such entitlement under the terms of employment with the employer would better serve the interests of such workers than the entitlement provided by this Act—

and may at any time revoke any such exemption.

(2) Where by any determination of a Wages Board (whether made before or after the commencement of this Act) any workers or class of workers are entitled to long service leave—

(a) if the Industrial Appeals Court is satisfied that such entitlement is on a basis more favourable than that prescribed by this Division, this Division shall not apply in relation to such workers;

(b) in any other case, such Wages Board determination so far as relates to long service leave shall not apply in relation to such workers.

(3) This Division shall not apply in relation to any workers or class of workers who by or under any Act relating to the public service the teaching service the railway service the police force or fire brigades or by or under any other Act are entitled to long service leave.

154. (1) Subject to this Division every worker shall be Entitlement entitled to long service leave on ordinary pay in respect of Ser°ire leave. continuous employment with one and the same employer. ^•J771

s. 154.

(2) The amount of such entitlement shall be—

(a) on the completion by a worker of twenty years continuous employment with his employer— thirteen weeks long service leave and thereafter an additional three and a quarter weeks long service leave on the completion of each additional five years of continuous employment with such employer;

(b) in addition, in the case of a worker who has completed more than twenty years continuous employment with his employer and whose employment is terminated—

(i) by the employer for any cause other than serious and wilful misconduct; or


(ii) by the worker on account of illness incapacity or domestic or any other pressing necessity where such illness incapacity or necessity is of such nature as to justify such termination—

such amount of long service leave as equals one-eightieth of the period of his continuous employment since the last accrual of entitlement to long service leave under paragraph (a) of this sub-section;

(c) in the case of a worker who has completed at least ten but less than twenty years of continuous employment with his employer and whose employment is terminated—

(i) by the employer for any cause other than serious and wilful misconduct; or

(ii) by the worker on account of illness incapacity or domestic or any other pressing necessity where such illness incapacity or necessity is of such nature as to justify such termination—

such amount of long service leave as equals one-eightieth of the period of his continuous employment.

Payment in lieu of long service leave on death of woriter. No. 5771 s. 155.

155. (1) If a worker who is entitled to any amount of long service leave dies before or while taking such leave his employer shall thereupon pay to his personal representative a sum equal to the amount of ordinary pay that would have been payable to the worker in respect of the period of long service leave not taken by the worker less any amount already paid to the worker in respect of any such leave not taken.

(2) Where a worker who has completed more than twenty years' continuous employment with an employer dies while still in the continuous employment of such employer his employer (in addition to any sum payable under sub-section (1) of this section) shall thereupon pay to his personal representative in respect of any period (hereinafter called the fractional period) of such continuous employment which is after the last accrual of entitlement to long service leave under paragraph (a) of sub-section (2) of the last preceding section a sum equal to the amount of his ordinary pay for a period equalling one-eightieth of such fractional period.

(3) Where a worker who has completed at least ten but less than twenty years of continuous service with an employer dies while still in the employment of such employer his employer shall


thereupon pay to his personal representative a sum equal to the amount of his ordinary pay for a period equalling one-eightieth of the period of his continuous employment.

(4) Except as provided in this Division payment shall not be made by an employer to a worker or his personal representative in lieu of any long service leave or part thereof to which the worker is entitled under this Division nor shall any such payment be accepted by any worker or his personal representative.

156. (1) When a worker becomes entitled to long service HOW and leave under this Division such leave shall be granted by the service°leave

employer as soon as practicable having regard to file needs of his ^0be

5"^en'

establishment; but subject to this Division— s.°'56. (a) the taking of such leave may be postponed to such

date as is mutually agreed or in default of agreement as the Industrial Appeals Court having regard to the problems involved directs but no such direction shall require such long service leave to commence before the expiry of six months from the date of such direction;

(b) in no case shall any entitlement to long service leave be lost or in any way affected by the foregoing provisions of this sub-section or by failure or refusal of the employer to grant the leave.

(2) Notwithstanding anything in the last preceding sub-section where the employment of a worker is for any reason terminated before he takes any long service leave to which he is entitled or where any long service leave entitlement accrues to a worker because of the termination of his employment the worker shall be deemed to have commenced to take his leave on the date of such termination of employment and he shall be entitled to be paid by his employer ordinary pay in respect of such leave accordingly.

(3) The employer and worker may agree that any accrued entitlement of long service leave will be taken in two periods; but save as aforesaid long service leave shall be taken in one period.

(4) The ordinary pay of a worker on long service leave shall be paid to him by the employer when the leave is taken and shall be paid in one of the following ways:—

(a) In full when the worker commences his leave; or (b) At the same times as it would have been paid if the

worker were still on duty; in which case payment shall, if the worker in writing so requires, be made by cheque posted to a specified address; or


(c) In any other way agreed between the employer and the worker—

and the right to receive ordinary pay in respect of such leave shall accrue accordingly.

(5) Any long service leave shall be inclusive of any trade or public holiday occurring during the period when the leave is taken, but shall not be inclusive of any annual leave occurring during such period.

Settlement of disputes as to entitlement -to leave* .-recovery of pay&c No. 5771 ». 157; No. 5919 s. 3 (1), No. 5999 8.2(a). No. 6130 s. 2 («).

157. (1) Any dispute as to— (a) whether or when a worker or a worker's personal

representative is or has become entitled to long service leave or payment in lieu thereof; or

(b) the rate of ordinary pay of a worker for the purposes of this Division—

shall be heard and determined by a court of petty sessions as hereinafter provided.

(2) Any worker or personal representative of a worker may apply to a court of petty sessions as hereinafter provided for an order directing the employer to pay to the worker or personal representative the full amount of any payment which has at any time during a period of five years immediately preceding the date of the application become due to the worker or personal representative under this Division.

(3) The court shall hear and determine any such matter and may make any order it thinks just and may award costs to any party and assess the amount of such costs.

Appropriate court of petty sessions. No. 5771 B. 1S8.

Appeals.

158. (1) Where under the last preceding section any matter is to be heard and determined by a court of petty sessions—

(a) if the last known place of business or residence of the employer concerned is in the Metropolitan District, the matter shall be heard and determined by the Metropolitan Industrial Court;

(b) in any other case, the matter shall be heard and determined by the court of petty sessions (consisting of a stipendiary magistrate sitting alone) nearest or most convenient to the last known place of business or residence of the employer concerned.

(2) From any determination or order of a court under the last preceding section an appeal shall lie to the Industrial Appeals Court, and the Industrial Appeals Court shall have exclusive jurisdiction to hear and determine every such appeal.


159. (1) The decision of the Industrial Appeals Court in Jurisdiction any matter whatsoever under this Division (including any decision proceedings

as to costs) shall be final and without appeal. industrial (2) The provisions of this Act relating to appeals to the coSt.

Industrial Appeals Court from convictions and orders of a court JJftf771

of petty sessions shall with such adaptations as are necessary apply in relation to appeals to the Industrial Appeals Court under this Division and the orders so appealed from.

(3) The Governor in Council may make general rules relating to procedure of the Industrial Appeals Court for the purposes of this Division, and subject to the provisions of the last preceding sub-section and such rules the Industrial Appeals Court may Tegulate its own procedure in any matter under this Division.

160. Save as otherwise expressly provided in this Division contracting the provisions of this Division shall have effect notwithstanding prohibited, any stipulation to the contrary whether made before of after the £0. 771 commencement of this Act and no contract or agreement made or entered into either before or after the commencement of this Act shall operate to annul or vary or exclude any of the provisions of this Division.

161. (1) No worker shall during any period when he is on Employment long service leave engage in any employment for hire or reward, during long .

(2) No person shall knowingly employ any worker for hire ^5771*" •or reward during any period when such worker is on long service "•,61-leave.

162. Every employer shall keep or cause to be kept a long Employers to service leave record in or to the effect of the form and containing J^p

5^>rd6' the particulars prescribed. «. i"«a.

163. (1) Every person who— oaencesand (a) makes any false or misleading statement in or any No.577i

material omission from any long service leave fco.'siw record which he is required to keep; N0.5&9

(b) obstructs any inspector in the exercise of his powers No.6*3b for the purposes of this Division; s.2(&>.

(c) fails to comply with any requirement or direction lawfully given by an inspector for the purposes of this Division or to furnish any information lawfully demanded for the purposes of this Division by an inspector; or

(d) contravenes or fails to comply in any respect with any provision of this Division—

shall be guilty of an offence and liable to a penalty of not more than One hundred pounds.


(2) In any prosecution for an offence against the provisions of paragraph (a) of sub-section (1) of this section it shall be a good defence if it is proved to the satisfaction of the court that the statement or omission complained of resulted from a bond fide error.

(3) Notwithstanding anything in this Act the information for any offence under this section may be laid at any time within five years after the commission thereof.

Application of s. 199 to amounts unpaid to workei under this Division. No. 5771 6. 164.

164. Any amount due and owing by an employer to a worker or his personal representative under this Division shall remain due and owing until paid and shall be and be deemed to be arrears of pay for the purposes of Division two of Part X. of this Act.

Application to trades under Apprenticeship Act. No. 5771 8. 165. As to absence of seal on agreement of apprenticeship. No. 5771 8.166.

Form of indenture. No. 5771 s. 167.

Apprenticeship wages.

Saving.

Determinations not to affect certain apprentices.

DIVISION 5.—APPRENTICES AND IMPROVERS.

165. This Act so far as it relates to matters covered by the Apprenticeship Act 1958 shall be read subject to that Act.

166. An agreement for apprenticeship shall be deemed to be valid under this Act notwithstanding that such agreement is not under seal, and for the purposes of this Act such an agreement shall be deemed to be an indenture.

167. (1) No indenture of apprenticeship shall be entered into in connexion with any trade to which the determination of a Wages Board applies except in the form (if any) prescribed in the determination and approved by the Minister.

(2) Subject to this section where any indenture of apprenticeship is entered into with respect to any trade to which the determination of a Wages Board applies the wages to be paid to such apprentice during the currency of such indenture shall be the wages from time to time prescribed in the determination.

(3) Where any such indenture has been entered into before the commencement of the Labour and Industry Act 1953 and the wages to be paid to the apprentice are stated in such indenture then notwithstanding anything contained in this section and notwithstanding any subsequent alteration of such determination the wages to be paid to such apprentice during the currency of such indenture shall be the wages stated in the indenture.

(4) Where any apprentice under the age of twenty-one years has been bound in writing by indenture of apprenticeship for a period of not less than two years, no provision in any determination shall invalidate cancel or alter such indenture in any way whatever if such indenture was signed by all parties thereto before the appointment of the Wages Board concerned.


168. ( 1 ) N o person who has a greater number of apprentices Act not in his employ than is prescribed in a determinat ion shall by reason Scertain6

thereof be guilty of an offence against this Ac t if he proves that number of at the date of entering into the indenture of apprenticeship in befn|inices

respect of the last apprentice employed by him and for three detonation, months previous thereto he had in his employ such number of N0.5771 persons other than apprentices and improvers as at that date s'168' entitled him to the. number of apprentices (including such last apprentice) in his employ.

(2) Notwithstanding anything in this or any other Act, nO Maximum person shall employ or cause or permit to be employed at any apprentices w one time in any pharmacy situate within the Metropolitan District afSmacfes more than one apprentice other than an apprentice who has ^man0' served the first and second years of his apprenticeship outside the district. Metropolitan District and who is attending lectures at the Victorian College of Pharmacy.

169. T h e Secretary m a y order that the indenture of any Direction for apprent ice shall be cancelled or transferred to another employer or transfer of if in the Secretary's opinion there are special circumstances which j ^ 6 " ^ 6 3 ' r ender such cancellat ion or transfer desirable. S.W

170. ( 1 ) A n y employer o r apprent ice who fails to carry ou t penalty for the terms of an indenture of apprenticeship shall be guilty of a n carry out

offence against this Act . InaTnture8" (2) When the Minister is satisfied that there is any such S.T70.

failure by either an employer or an apprentice he may direct that proceedings shall be instituted against the employer or apprentice (as the case may be).

(3) A court of petty sessions may for any such offence-^ Power of ' c J J J court to order

(a) impose a penalty of not more than Ten pounds and f ^ S n c c

in addition order the defendant to enter into a cases, a recognisance within fourteen days in any sum of not more than Fifty pounds with such sureties as the court thinks fit of not more than Fifty pounds each to carry out the terms covenants and conditions of the indenture, and may further order that in default of entering into the recognisance as aforesaid the person in default be imprisoned for a term of not more than one month unless such recognisance be sooner entered into, and for a second or subsequent contravention may impose on the defendant a penalty of not more than Twenty-five pounds and in addition may estreat the recognisance (if any); or

(b) impose on any employer a penalty of not more than Twenty-five pounds if the court is satisfied that the apprentice has not been taught the trade in


accordance with the indenture of apprenticeship and that the employer has not given to the court any satisfactory explanation of such failure to teach the apprentice the trade; and the whole or any part of such penalty may be applied for the benefit of the apprentice or otherwise as the Minister determines.

Power to bind certain apprentices for less than three years or if over 21. No. 5771 s. 171.

Apprentices for under three years.

171. (1) The Secretary may grant permission in writing to any person—

(a) to be bound for less than three years as an apprentice to any trade subject to the determination of a Wages Board;

(b) who may become over twenty-one years of age during the term of his apprenticeship, to complete the term of his apprenticeship;

(c) who is over twenty-one years of age, to be bound by an indenture of apprenticeship.

(2) Except in cases where the Secretary has given his permission in writing as aforesaid every apprentice unless bound by an indenture of apprenticeship which binds the employer to instruct such apprentice for a period of at least three years shall be deemed to be an improver for the purposes of this Act.

Licences to improvers over 21 years old. No. 5771 s. 172.

Cetificate of employment for improvers.

172. (1) The Secretary may grant to any person over twenty-one years of age, who has satisfied the Secretary that he has not had the full experience prescribed for improvers in a determination, a licence to work as an improver for the period named in such licence at a wage not being less than the wage fixed in the determination for an improver of any like experience.

(2) The employer of any improver in any trade subject to the determination of a Wages Board shall at the termination of the employment give him a certificate in the prescribed form correctly showing the duration and nature of such employment.

(3) When any improver seeks employment from any employer he shall produce to that employer all certificates previously given to him as aforesaid.

Experience of apprentice or improver, how -calculated. No. 5771 s. 173.

173. Where by a determination the wages of an apprentice or improver are to vary in accordance with his experience or length of employment in his trade, for the purposes of determining his wages any time during which he has worked at his trade shall be reckoned in his length of employment in such trade.


PART IX.—SAFETY PROVISIONS.

DIVISION 1.—MACHINERY GUARDS, PRECAUTIONS AGAINST

ACCIDENTS, ETC.

174. (1) Every occupier— occupier (a) of a factory, shall provide guards for— dangerous

(i) all dangerous parts of the machinery of the &c. factory; N°-7f

l

(ii) all dangerous appliances used in or in connexion with the factory; and

(iii) all dangerous parts of the factory; (b) of any land, shall notwithstanding anything in section

six of this Act provide guards for all dangerous parts of stationary power-driven machinery used on the land—

so as to prevent as far as possible loss of life or bodily injury, and shall keep all such guards constantly maintained in an efficient state and properly adjusted.

(2) For the prevention of accidents the Minister may from time to time by order under his hand—

(a) direct the occupier of any factory or land or the occupiers of all factories or land to take such steps as the Minister deems necessary to prevent the occurrence of accidents ; or

(b) direct that any specified machine or appliance shall not be used.

175. (1) Every chaff-cutting machine and power-driven Guards to be saw shall be provided with such guards as are prescribed and such cbaff-cuttint: guards shall be constantly maintained in an efficient state and p wi£drsi«r? properly adjusted.

(2) Every owner and hirer of any chaff-cutting machine or power-driven saw shall provide the prescribed guards and constantly maintain such guards in an efficient state and properly adjusted.

(3) If any maker of a chaff-cutting machine or power-driven saw or his agent or any seller of such a machine or saw delivers to a purchaser such a machine or saw not equipped with the guards prescribed he shall be guilty of an offence against this Act.

(4) This section shall apply throughout Victoria notwithstanding anything in section six of this Act, but sub-section (3) of this section shall not apply in the case of the seller of a second-hand machine or saw.

No. 5771 s. 175.

t9G 1958. Labour and Industry. No. 6283

Guards to be provided for machinery used for purposes of construction of buildings. No. 5771 s. 176.

176. (1) Any person who by himself his agents or workmen temporarily uses any machinery for the purposes of the construction of any building shall provide for all dangerous parts of such machinery guards to prevent as far as possible loss of life or bodily injury including such guards as are prescribed, and shall keep all such guards constantly maintained in an efficient state and properly adjusted.

(2) For the prevention of accidents the Minister may from time to time by order under his hand—

(a) direot any person temporarily using such machinery by himself his agents or workmen as aforesaid to take such steps as the Minister deems necessary to prevent the occurrence of accidents ; or

(b) direct that any such machinery shall not be used at any specified place or places.

Orders to cease &c. dangerous processes &c. No. 5771 s. 177.

177. (1) Where the Minister is satisfied that any manufacture plant process or labour used in factories is dangerous or injurious to health or dangerous to life or limb either generally or in the case of women or of persons under twenty-one years of age or of any other class of persons—

(a) he may by notice in writing to the occupier of the factory direct such occupier to cease to use or to modify as directed such manufacture plant process or labour; or

(b) he may certify that such manufacture plant process or labour is dangerous, and thereupon the Governor in Council may make such regulations as are deemed necessary and reasonably practicable to decrease or prevent danger from such manufacture plant process or labour.

(2) In this section " plant" includes any convenience appliance or apparatus or wire for the purpose of generating transforming or transmitting electricity.

Safety precautions for moving machinery. No. 5771 s. 178.

178. (1) No female unless her hair is cut short or securely fixed and confined close to her head by net or otherwise and no person (male or female) wearing any apron or loose garment shall work or shall be allowed to work among or near moving machinery.

(2) No male under eighteen years of age and no female of any age shall clean or shall be allowed to clean mechanical power transmission equipment while it is in motion or shall work or shall be allowed to work between the fixed and traversing part of any self-acting machine while the machine is in motion.


(3) Any person allowed to work or clean in contravention of this section shall be deemed to be employed contrary to the provisions of this Act.

179. (1) Every factory or shop where steam electrical water where or other power-driven machinery is used shall have a first-aid running, ambulance chest equipped and supplied in the prescribed manner appmlnces upon the premises and the occupier of such factory or shop shall tooe^pt-if required in writing by the chief inspector have an ambulance V.°m.n

stretcher available for use on the premises.

(2) The provisions of this section may be extended by the Governor in Council by Order published in the Government Gazette to any other premises where steam electrical water or other power-driven machinery is running.

180. Any person who— Penalties for • offences

(a) contravenes or fails to comply with any of the ggjgg,, foregoing provisions of this Division or amy notice No. 5°n order or regulation thereunder ; or "• 18°-

(b) operates any machinery or saw without any guard required by or under this Division to be provided or when such guard is removed or not properly adjusted ; or

(c) is the occupier of any premises in which there is any contravention of or failure to comply with any of the foregoing provisions of this Division or any notice order or regulation thereunder—

shall be liable to a penalty of not less than Ten pounds and not more than One hundred pounds.

181. (1) Where there occurs any accident— Notice of (a) which causes loss of life to any person in a factory ; psing

Or bodily injury.

(b) which causes bodily injury to a person employed in ^m771

a factory and is of such a nature as to prevent the person injured by it from returning to his work in the factory within twenty-four hours after the occurrence of the accident or as to prevent within fourteen days after the accident, the attendance of such person at his work for twenty-four hours ; or

(c) which in any other premises or on any land causes loss of life or bodily injury as aforesaid—

the occupier of the factory premises or land shall forthwith after the death or (as the case requires) the expiration of twenty-four hours from the commencement of the injured person's absence


Report on death or injury.

from work send or cause to be sent to the inspector for the district written notice of the accident giving such information as is prescribed.

(2) The Minister may if he thinks fit obtain a report from a medical practitioner or expert upon the nature or cause of any such deaith or inquiry.

(3) Such medical practitioner or expert shall investigate the nature and cause of such death or injury and for the purposes only of this section shall have the same powers as an inspector including power to enter any room in a building or any other place to which the person killed or injured has been removed.

Application of this Division. No. 5771 s. 182.

DIVISION 2 . STEAM ENGINES AND BOILERS.

182. (1) This Division does not apply to or in respect of— (a) any boiler (other than a pressure cooker) used

exclusively for domestic purposes in a private dwelling; or

(b) any boiler of not more than five horsepower or witli not more than fifty square feet of heating surface which is used only in connexion with all or any of the following:—

(i) for driving cream separators, milking machines, pumps, chaff-cutters or firewood saws;

(ii) for heating purposes in dairies; (iii) for extracting honey or for heating purposes

in buildings where honey is extracted; or

(c) any steam-boiler or class of steam-boilers (including pressure cookers) which is for the time being exempted from the operation of this Division by Order of the Governor in Council published in the Government Gazette.

(2) Save as aforesaid and notwithstanding anything in seotion six of this Act this Division shall apply to and in respect of any boiler in or on or used in connexion with any house building premises street road tramway or place whatsoever whether permanently or temporarily.

Persons in charge of steam-engines or boilers to hold certificates. No. 5771 «. 183.

183. (1) No person shall place any person in charge of and no person shall take charge of any steam-engine or boiler unless such person in charge holds a certificate of competency as an engine-driver under the Mines Act 1958 or a certificate of competency under this Division or any corresponding previous enactment.


(2) When any steam-engine or boiler is in use the occupier of the premises concerned or the person in charge of the work or process shall place it under the control and in the charge of a person who holds such a certificate.

(3) Where in the opinion of an inspector who is experienced in the use of boilers the duties of being in charge of and working both an engine and any boiler used in connexion therewith cannot be performed with safety by one person the inspector shall by notice in writing require the appropriate person forthwith to place and keep the boiler in charge of some separate person as a boiler attendant and the appropriate person aforesaid shall comply with such notice.

184. (1) The Board of Examiners for engine-drivers under the Mines Act 1958 may subject to the regulations examine persons who are desirous of qualifying under this Division as engine-drivers or boiler attendants and may grant certificates of competency to such persons as successfully pass the prescribed examination or satisfy the said Board that they have passed an equivalent examination before some authority recognized by the Governor in Council for the purpose.

(2) Any person holding a certificate of competency granted by the said Board who is charged with any offence or misconduct likely to be detrimental to the proper or efficient discharge of his duties may be called upon by the Board to show cause why he should not be disqualified as a certificated engine-driver or boiler attendant.

(3) If such person fails to satisfy the Board that he should not be disqualified the Governor in Council may by Order published in the Government Gazette disqualify him for any period from acting as an engine-driver or boiler attendant and such person shall thereupon deliver to the Board his certificate of competency which shall be retained by the Board during the period of his disqualification.

(4) Every such person who during the period of his disqualification takes charge of any steam-engine or boiler shall be guilty of an offence against this Act.

DIVISION 3.—WHITE PHOSPHORUS.

185. (1) No person shall manufacture or cause to be Penalty for

manufactured any matches in the manufacture of which white Sautes with phosphorus is used. phosphorus.

(2) The court by which any person is convicted of an im 7 7 1

offence against the last preceding sub-section may in addition to imposing any such penalty forfeit any white phosphorus or any

Power to require boiler to be placed under the charge of separate person.

Certificates of competency for engine-drivers. No. 5771 s. 184.

Power to disqualify certificated engine-driver upon offence or misconduct.


"White phosphorus.*'

matches made with white phosphorus which are apparently in his possession ; and any white phosphorus or matches so forfeited shall be destroyed or otherwise dealt with as the court thinks fit.

(3) Any factory in which white phosphorus is used in the manufacture of matches shall be deemed to be a factory not kept in conformity with this Act.

(4) The occupier of any factory in which the manufacture of matches is carried on—

(o) shall allow any inspector at any time to take for analysis sufficient samples of any material in use or mixed for use ;

(b) may at the time when the sample is taken and on providing the necessary appliances require the inspector to divide the sample so taken into two parts and to mark seal and deliver to him one part.

(5) Any person who sells offers or exposes for sale, or has in his possession for sale, any matches made with white phosphorus may on complaint to a court of petty sessions be ordered to forfeit any such matches in his possession; and any matches so forfeited shall be destroyed or othewise dealt with as the court thinks fit.

(6) In this section " white phosphorus " means the substance usually known as white or yellow phosphorus.

Power of inspectors. No. 5771 s. 186.

PART X.—GENERAL AND SUPPLEMENTARY.

DIVISION 1. INSPECTIONS.

186. (1) Every inspector may for the purposes of the execution of this Act—

(a) with such assistance as he requires enter inspect and examine at all reasonable times by day or night any factory or shop or other premises whatsoever which he considers it is necessary to enter in the administration of this Act;

(b) require the production of pay-sheets or books wherein account is kept of the actual wages (whether by piecework or not) paid to any individual employe in any place to which the determination of any Wages Board applies and take copies or extracts therefrom;

(<:) require the production of any certificate of registration books registers certificates notices records lists and documents required by or under this Act to be kept and inspect and examine them and take copies or extracts therefrom;


(rf) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are or have been complied with so far as respects the premises and the persons employed therein;

(e) enter any school in which he has reasonable cause to believe that any employes are for the time being educated;

(/) examine either alone or in the presence of the occupier or employer or of his agent or employ^ with respect to matters under this Act every person whom he finds in any such premises, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in any such premises or at work in a trade or branch of trade for which a Wages Board has been appointed and require such person to be so examined and to sign a statutory declaration as to the truth of any statements made by him as to the matters respecting which he is so examined;

(g) exercise such other powers as are necessary for carrying this Act into effect.

(2) Every inspector shall be furnished by the Secretary with certincataoi a certificate of his appointment, and on applying for admission to o??ns?e«ora any place shall if required produce such certificate to the occupier or person in charge thereof.

(3) When an inspector uses the assistance of an interpreter, Effect of any inquiry or requisition to any person made on behalf of such &qim«preW. inspector by the interpreter shall for all purposes be deemed to have been actually made by the inspector, and any answer thereto made to the interpreter shall be deemed to have been actually made to the inspector.

(4) No person shall be required under this section to answer Evidence, any question or give any evidence tending to criminate himself.

187. (1) The occupier of every factory shop or other occupier premises and his agents and employes shall furnish the means Ssp?itorin required by any inspector necessary for' any entry inspection ^0

pe5^°n'

examination or inquiry or for the exercise of the powers of such s. m. inspector under this Act.

(2) Every person who— Obstruction . . . . of inspector.

(a) wilfully delays an inspector in the exercise of any power under this Act;

(b) fails to comply with a requisition of an inspector made under any such power, or to produce any document whatsoever which he is required by or in. pursuance of this Act to produce;, or


(c) conceals or prevents any person from appearing before or being examined by an inspector or attempts so to conceal or prevent a person—

shall be deemed to obstruct an inspector in the execution of his duties under this Act.

(3) Every person who— (a) obstructs hinders impedes resists or opposes; or (b) refuses admission to any premises to—

any inspector or person assisting an inspector or other person in the performance of anything which such inspector or other person is lawfully doing under this Act and the occupier of any premises where any such obstructing hindering impeding resisting opposing or refusing occurs shall be guilty of an offence against this Act.

(4) Every person who assaults or directly or indirectly intimidates or threatens or attempts to intimidate or threaten an inspector shall be liable to a penalty of not more than One hundred pounds or imprisonment for a term of not more than six months.

Power to visit factories and inquire as to young persons' ages. No. 5771 s. 188.

188. Any person holding the office of summoning officer under the Education Act 1958 may enter any factory or shop during the time when any persons employed therein are at work and inspect any part thereof where any persons are engaged in working and may also examine the record of ages of persons under or stated to be under twenty years of age and interrogate personally any person or require the production of a certificate of birth or other sufficient evidence so as to enable him to determine the age of any such person so employed or working.

Court of petty sessions to adjudicate. No. 5771 o. 189.

DIVISION 2 . LEGAL PROCEEDINGS.

189. Subject to this Act where any person is charged with an offence against this Act such charge shall be heard before and all penalties imposed by this Act shall be recovered before a court of petty sessions consisting of a stipendiary magistrate sitting alone.

e. 190.

Metropolitan 190. (1) A Metropolitan Industrial Court shall be held ofurt!1*81 at such place or places within the Metropolitan District as the NO..5771 Governor in Council by notice published in the Government

Gazette appoints.

(2) The Governor in Council may appoint any one or more stipendiary magistrates to be a special magistrate and to exercise the jurisdiction of the Metropolitan Industrial Court under this section.

(3) The Metropolitan Industrial Court— (a) shall be a court of petty sessions; and


(b) shall consist of a special magistrate appointed as hereinbefore provided sitting alone without any other justice or justices.

(4) Notwithstanding anything in the last, preceding section £°™ro(

but subject to the provisions of this Act relating to the transfer of proceedings to the Industrial Appeals Court—

(a) the Metropolitan Industrial Court shall have exclusive jurisdiction to hear and determine—

(i) all proceedings for offences against this Act alleged to have been committed within the Metropolitan District; and

(ii) all appeals under this Act from the refusal to register or the cancellation of the registration of any factory or shop within the Metropolitan District; and

(b) the jurisdiction of every other court of petty sessions within the Metropolitan District in respect to the matters as to which the Metropolitan Industrial Court has exclusive jurisdiction shall not be exercised by such court of petty sessions.

Proceedings against offenders to be directed by Minister. No. 5771 s. 191.

191. (1) Every offence against the provisions of this Act shall be reported to the Minister who may if he thinks fit direct proceedings to be taken against the offender.

(2) All proceedings so directed to be taken by the Minister may be taken by any member of the police force or by any inspector and may in the absence of the informant be conducted before the court by any other member of the police force or any other inspector.

(3) Where the Minister has so directed proceedings to be Effect of taken, if the court amends the information warrant or summons prosecute.'0

such direction of the Minister shall be sufficient authority for the continuance of the proceedings.

(4) All courts shall take judicial notice of the signature of §eitj£jresto every person who is or has been Minister Secretary chief inspeotor be uapaiiy or assistant chief inspector to every document required to be Dotice ' signed.

19.2. (1) The following provisions shall have effect reference to all proceedings for offences under this Act :—

with

(a) The information if for any offence in connexion with the preparation or manufacture or stamping of furniture or the unlawful paying or receiving of any sum of money in connexion with the

General provisions as to proceedings. No. 5771 s. 192: No.«>96 s. 3 14). Time for bringing proceedings.


employment of an apprentice or improver shall be laid within twelve months after the commission of the offence and if for any other offence shall be laid within six months after the commission thereof;

Allegations (6 ) It shall be sufficient to allege that a factory bake-house shop or other type of premises is a factory bake-house shop or such other type of premises for the purposes of this Act without further allegation;

( c ) I t shall be sufficient to state the name of the ostensible occupier of any premises or the name or title by which such occupier is usually known;

oniMof (d) The onus of proof that any person named in a p r o o ' summons is not an occupier of the premises shall

be on the defendant;

(c) The onus of proof that the requirements of this Act with regard to the registration of factories shops or other premises and with regard to the persons in charge of steam-engines or boilers have been complied with as to any particular factory shop premises or persons shall in all cases be on the defendant;

( / ) The onus of proof that articles prepared or manufactured or made are not prepared or manufactured or made for t rade or sale shall in all cases be on the defendant;

(g) In proceedings against any person for employing any apprentices or improvers in excess of the number or proportionate number fixed by or under this Act, the onus of proof that all requirements with regard to such number or proportionate number have been complied with shall in all cases be on the defendant ;

(h) The onus of proof that the requirements of this Act with regard to—

(i) the taking of a half-holiday or whole holiday in every week by every person employed in any shop or in the trade or business of a caterer ; or

(ii) the stamping of furniture ; or (iii) the painting varnishing lime-washing or

washing of factories or other premises ; or

(iv) sleeping places in factories— have been complied with shall in all cases be on the defendant;


(i) The onus of proof that the person named in a summons as an employe of the defendant in a certain capacity was not employed in the capacity alleged in such summons shall in all cases be on the defendant;

(/) The onus of proof that the premises or place named in any summons is not within the municipal district or locality mentioned in such summons shall in all oases be on the defendant;

(k) It shall not be a defence that the occupier of any Absence from premises was not in Victoria at the time the ^defence"0' alleged offence was committed ;

(/) Service of a summons by leaving it with some person AS to service apparently of the age of sixteen years or upwards taSrSta118

at the usual place of business in Victoria of the cases' person named in such summons shall be deemed to be good and sufficient service thereof ;

(m) It shall be deemed that a 'hairdresser's or when barber's shop was not closed within the meaning sh^ Seemed of this Act if it is proved with reference to such notclosed-shop that hairdressing or shaving was being carried on in such shop by any person whomsoever and whether for hire or reward or otherwise fifteen minutes after the hour fixed for closing such shop ;

(n) It shall be deemed that a shop was.not closed within When shop

the meaning of this Act if it is proved with 5ce*d.dnot

reference to such shop that at any material time— (i) goods were sold ; or

(ii) goods were offered for sale ; or (iii) goods were exposed for sale ;

(o) A declaration by a certifying medical practitioner Evidence of for the district that he has personally examined a age' person in that district and believes him to be under the age set forth in the declaration shall be admissible in evidence of the age of that person;

(p ) It shall be deemed that a particular class of trade when is carried on in a shop if it is proved that any Susoftfade article was sold therein which is usually sold in t£S£tmt£ shops where such a class of trade is carried on. ,hop-

(2) The production before any court of a printed paper Evidence of purporting to contain or to be a copy of any determination and to *" ""' be printed by the Government Printer for Victoria shall be conclusive evidence of the due making and existence of such determination and of the due appointment of the Wages Board or (as the case requires) of the Industrial Appeals Court and of all preliminary steps necessary to the making of such determination.

determination.


Evidence &c. as to employment in factory contrary to Act. No. 5771 s. 193.

What not part of factory.

193. (1) If any person is found in a factory under such circumstances as in the opinion of the court raise a presumption that such person has been employed in such factory contrary to the provisions of this Act or any determination it shall be a presumption of law that such person has been so employed :

Provided that if any such person is shown to be in such factory while all the machinery of the factory is stopped or for the sole purpose of bringing food to the persons employed in the factory or if the time at which he is so found is shown to be the time allotted to meals, such presumption shall not be deemed to have arisen.

(2) Yards play-grounds and places open to the public view schoolrooms waiting-rooms and other rooms belonging to the factory in which no machinery is used nor any manufacturing process carried on shall be taken not to be any parts of the factory within the meaning of this section.

Prosecution of firms &c. No. 5771 s. 194.

194. (1) Any person or body of persons may be prosecuted for any offence against any of the provisions of this Act or any regulation or by-law or determination in the true ostensible or reputed name of such, person or body of persons and a conviction may be had and enforced by distress in that name against the actual person so offending.

(2) No sentence of imprisonment in default of distress shall be fixed at the hearing unless the actual person so offending is then present or represented by his barrister or solicitor or if not fixed at the hearing shall be subsequently awarded unless the actual person so offending is first called upon in his true name by summons to show cause.

Penalty on persons committing offence for which occupier is liable. No. 5771 s. 195.

Exemption of occupier from penalty on conviction of actual offender. No. 5771 s. 196.

195. Where an offence for which the occupier of any premises is liable under this Act to a penalty has in fact been committed by some agent servant workman or other person such agent servant workman or other person shall be liable to the same penalty as if he were the occupier.

196. (1) Where the occupier of any premises is charged with an offence against this Act he shall be entitled upon information duly laid by him to have any other person whom he charges as the actual offender brought before the court at the time appointed for hearing the charge.

(2) If after the commission of the offence has been proved the occupier proves to the satisfaction of the court that he has used due diligence to enforce the execution of the Act and that such other person had committed the offence in question without his knowledge consent or connivance such other person shall be convicted of such offence and the occupier shall be exempt from any penalty.


(3) When it is made to appear to the satisfaction of an inspector at the time of discovering the offence that the occupier has used all due diligence to enforce the execution of this Act and aiso by what person such offence had been committed and also that it had been committed without the knowledge consent or connivance of the occupier and in contravention of his orders then the inspector shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the occupier.

197. When any determination is amended or revoked such amendment or revocation shall not directly or indirectly affect any legal proceedings of any kind theretofore commenced or which might theretofore have been taken for any breach of such determination or any right existing at the time of such amendment or revocation.

198. (1 ) Where any employer employs any person on work for which the lowest prices or rates have been fixed in a determination, such employer shall be liable to pay and shall pay in full in money without any deduction whatever to such person the price or rate so determined.

(2) Such person if he has made demand in writing on such employer (which demand, if such person has left the employment of such employer, shall be made within six months after he has left such employment) may within twelve months after such money became due take proceedings in any court of competent jurisdiction to recover from the employer the full amount or any balance of such sum so demanded due in accordance with the determination, any smaller payment or any express or implied agreement or contract to the contrary notwithstanding.

199. (1) A court in addition to imposing a penalty under this Act may order the offender to pay to any person in respect of whom he has been convicted and who is or has been in his employ such sums for arrears (for any period not exceeding twelve months) of any moneys payable under this Act as the court considers to be due to such person.

(2) Any such sum may be recovered by distress and in in default default of payment the offender shall be liable to imprisonment frr somnent. for a term of not more than three months.

(3) Nothing in sub-section (2) of the last preceding section saving, shall in any way limit or affect the jurisdiction conferred by this section.

Effect on legal proceedings of amendment of determination &c. No. 5771 s. 197.

Power to recover rate determined notwithstanding any agreement to the contrary.

No. S771 s. 198.

Power for court to order payment of arrears due to employes. No. 5771 s. 199.

SOS 1958. Labour and Industry. No. 6283

Penalty for breach of determination. No. 5771 s. 200.

Modification of penalty for proceedings before Industrial Appeals Court.

Permission for certain students to acquire practical knowledge in factories &c.

DIVISION 3 . OFFENCES AND PENALTIES.

200. (1) Subject to this section where a price or rate of payment for any person or class of persons has been fixed in a determination which is in force every person who—

(a) either directly or indirectly or under any pretence or device attempts to employ or employs or authorizes or permits to be employed any person apprentice or improver at a lower price or rate of wages or piecework (as the case may be) than the price or rate so determined ; or

(b) attempts to employ or employs or authorizes or permits to be employed any apprentice or improver in excess of the number or proportionate number fixed by the determination of this Act; or

(c) contravenes or fails to comply with any of the provisions of the determination or of the provisions of this Act relating to determinations or to aged infirm or slow workers—

shall be guilty of an offence and shall be liable for the first offence to a penalty of not more than Twenty-five pounds, and for the second offence to a penalty of not less than Five nor more than Fifty pounds, and for a third or any subsequent offence to a penalty of not less than Fifty nor more than One hundred pounds.

(2) For the purpose of proceedings transferred under this Act to the Industrial Appeals Court sub-section (1) of this section shall be read and construed as if for the words beginning " not more than Twenty-five pounds " and ending " One hundred pounds" there were substituted the words " not less than Fifty pounds and not more than One hundred pounds and for a second offence to a penalty of not less than Seventy-five pounds and not more than One hundred and fifty pounds and for a third or any subsequent offence to a penalty of not less than One hundred pounds and not more than Two hundred pounds ".

(3) The Minister may permit any student of the University of Melbourne or any student taking full day courses of technological study at any school for technical education in Victoria to enter and work in any factory shop or place during the time he is a student at any such institution for the purpose only of acquiring practical knowledge and skill in the trade carried on in such factory shop or place notwithstanding that he is not paid the rates provided by any determination in force for the trade concerned.

Penalty for not keeping premises in conformity with Act. No. 5771 s. 201.

201. (1) If any premises are not kept in conformity with this Act or the regulations or if in any premises any person is employed in contravention of any provision of this Act or any regulation or determination or if there is a contravention of any


other provision of this Act or of any regulation determination notice or order made or given under this Act the occupier thereof shall be guilty of an offence against this Act and in addition to any other penalty by this Act provided shall be liable to a further penalty of not more than Five pounds for every day during which such offence continues after the delivery by an inspector at the premises of a notice notifying him that an offence is taking place by reason of such premises not being kept in conformity with this Act or by a contravention otherwise occurring.

(2) The court in addition to or instead of imposing any such penalty may order certain means to be adopted by the occupier within the time named in the order for the purpose of bringing his premises into conformity with this Act and may upon application enlarge the time so named; but if after the expiration of the time as originally named or by subsequent order enlarged the order is not complied with the occupier shall be liable to a penalty of not more than Five pounds for every day thereafter that the offence continues.

202. A person who is not allowed times for meals and absence from work as required by or under this Act, or who during any part of the times allowed for meals and absence from work is in contravention of the provisions of this Act employed in the premises or allowed to remain in any room, shall be deemed to be employed contrary to the provisions of this Act.

203. (1) Every person who forges or counterfeits any certificate of any kind prescribed or required for the purposes of this Act or who gives or signs any such certificate knowing the same to be false in any material particular, or who knowingly utters or makes use of any certificate so forged counterfeited or false as aforesaid, or who knowingly utters or makes use of as applying to any person a certificate which does not so apply, or who personates any person named in a certificate, or who wilfully connives at the forging counterfeiting giving signing uttering making use of or personating as aforesaid, shall be liable to a penalty of not more than One hundred pounds or to imprisonment for a term of not more than six months.

(2) Every person who wilfully makes a false entry in or False entries material omissionx from any book register notice certificate list declarations, record or document required by this Act to be kept or served or sent, or who wilfully makes or signs a false declaration or return under this Act, or who knowingly makes use of any such false entry or declaration or return, shall be liable to a penalty of not more than Fifty pounds or to imprisonment for a term of not more than three months.

VOL. IV.—17

Times for meals and absence from work. No. 5771 S. 202.

Forgery, false entries and declarations. No. 5771 s.203.

510 1958. Labour and Industry. No. 628:

Penalty for dismissal of employe1 in certain cases. No. 5771 s. 204.

204. Every employer who dismisses from his employment any employe by reason merely of the fact that the employe—

(a) is a member of a Wages Board; (b) has after having given reasonable notice to his

employer of his intention absented himself from work through being engaged in duties as a' member of a Wages Board; or

(c) has given information with regard to matters under this Act to an inspector—

shall be liable to a penalty of not more than Twenty-five pounds for each employe so dismissed.

General provision as to offences. No. 5771 s. 205.

General penalty.

205. (1) Every person who contravenes or fails to comply with any of the provisions of this Act or of any regulation by-law order notice direction prohibition or determination thereunder shall be guilty of a contravention of and offence against this Act.

(2) Every person guilty of any offence against this Act for which no penalty (other than an additional continuing penalty) is expressly provided shall be liable for the first offence to a penalty of not more than Twenty pounds and for every subsequent offence to a penalty of not less than Five pounds and not more than One hundred pounds.

DIVISION 4.—REGULATIONS.

Regulations. No. 5771 s.206.

206. (1) The Governor in Council may make regulations for or with respect to—

(a) the procedure of Wages Boards and Boards of Reference and the Labour and Industry Advisory Board and the fees and expenses payable to members of any such Board;

(b) the safety cleanliness ventilation cooling heating sanitation and hygiene of premises where persons work or are employed in any trade and the provision of fire-escapes and prevention of fire therein;

(c) the safety health and convenience of persons working or employed in any trade;

(d) the provision of guards for or otherwise protecting employes from injury by machinery used in any trade;

(e) prescribing means to be adopted to ensure the safety of persons engaged in working on or in connexion with roofs of asbestos sheathing;


(/) regulating the hours of trading for wholesale fruit and vegetable sellers in the whole or any part of the State;

(g) particulars to be given in records and books to be made or kept by occupiers or others under this Act;

(h) prescribing what provisions of this Act and the regulations are to be posted in factories;

(i) notices to be posted in premises where persons work or are employed in any trade;

(/) the functions of certifying medical practitioners and examinations and reports made and certificates given by them;

(k) examinations of persons and the issue of certificates for the purposes of this Act;

(/) the stamping of furniture for the purposes of this Act; (m) forms for the purposes of this Act (and such forms

or forms to the like effect shall be sufficient in law);

(n) fees chargeable or payable for examinations reports certificates suspensions and other matters under or for the purposes of this Act but not fixed by this Act;

(o) prescribing penalties not exceeding Fifty pounds for any breach of the regulations;

(p) generally, any matter or thing which by this Act is required or permitted to be prescribed or which is necessary or expedient to be prescribed for the purposes of this Act.

(2) All regulations made under this Act shall be published Publication, in the Government Gazette and shall be laid before both Houses of Parliament within fourteen days after the making thereof if Parliament is then sitting and if Parliament is not then sitting then within fourteen days after the next meeting of Parliament; and a copy of all such regulations shall be posted to each member of Parliament.

207. (1) For the purposes of this Act, the provisions of Quashing section one hundred and seventy-eight of the Supreme Court Act ^^m*' 1958 shall apply not only in respect of by-laws but also with s-2i)7-such adaptations as are necessary in respect of regulations under Divisions three and four of Part VI., and in particular as if any reference in the said section to a corporation by or on whose behalf a by-law has been made were (in respect of any such regulation) a reference to the chief inspector.


(2) Every such regulation or by-law shall unless it is so quashed have and be deemed and taken to have the like force validity and effect as if enacted in this Act and shall not be in any manner liable to be challenged or disputed; but any such regulation or by-law may be altered or revoked by any subsequent regulation or by-law under this Act.

SCHEDULES.

Section 2. FIRST SCHEDULE.

Number of Act.

Title of Act. Extent of Repeal.

5771 . . Labour and Industry Act 1953 So much as is not already or otherwise repealed.

5896 . . Statute Law Revision Act 1955 Item in Schedule referring to Labour and Industry Act 1953.

5919 . . Labour and Industry (Long Service Leave) Act 1955

The whole.

5937 . . Labour and Industry (Shops) Act 1955 The whole. 5999 . . Labour and Industry (Long Service

Leave) Act 1956 The whole.

6005 . . Labour and Industry (Wages Boards) Act 1956 The whole.

6096 . . Labour and Industry (Amendment) Act 1957

The whole.

6112 . . Statute Law Revision Act 1957 Item in Schedule referring to Labour and Industry (Amendment) Act 1957.

6130 . . Labour and Industry (Long Service Leave) Act 1957

The whole.

6136 . . Labour and Industry (Carriage of Bees) The whole. Act 1957

Section 13. SECOND SCHEDULE.

PART A.

1. This Act (except insofar as it relates to certifying medical practitioners and medical certificates).

2. The Apprenticeship Act 1958. 3. The Employers and Employes Act 1958. 4. The Footwear Regulation Act 1958. 5. Part V. of the Goods Act 1958 (except insofar as it relates to goods being,

or used in the preparation of, food, drink, medicine or medicinal preparations for man).

6. Sub-sections (4) (5) (6) (7) and (8) of section two hundred of the Licensing Act 1958.

7. The Lifts Regulation Act 1958. 8. The Master and Apprentice Act 1958.


SECOND SCHEDULE—continued.

9. The Servants' Registry Offices Act 1958. 10. The Tobacco Sellers Act 1958. 11. The State Relief Committee Act 1958. 12. The Unemployment Relief (Administration) Acts (except insofar as they

relate to duties placed upon the Treasurer and except insofar as they relate to the Employment Council of Victoria).

P\RT B. 1. Section fourteen of the Bakers and Millers Act 1958. 2. The Boilers Inspection Act 1958. 3. Section fifty-one of the Police Offences Act 1958 insofar as it relates to

keeping open any house, shop, store or other place for the purpose of trading or dealing on Sunday.

THIRD SCHEDULE. Section 14.

The Bakers and Millers Act 1958 shall be amended as follows:— At the end of section fourteen there shall be inserted the following

sub-section:— " (2) Any inspector appointed under the Labour and Industry Act

1958 shall exercise any such power as may be necessary for carrying this section into effect."

FOURTH SCHEDULE. Section 52.

ANNUAL F E E S FOR REGISTRATION OF FACTORY OR SHOP.

For every factory or shop in which— £ s. d. the occupier works alone . . . . . . 0 5 0 not more than two persons are employed 0 10 0 more than two and not more than four persons are employed 1 0 0 more than four and not more than ten persons are employed 2 10 0 more than ten and not more than twenty persons are employed 5 0 0 more than twenty and not more than thirty persons are employed 6 0 0 more than thirty and not more than fifty persons are employed 10 0 0 more than fifty and not more than one hundred persons are

employed . . . . . . . . . . 20 0 0 Where more than one hundred persons are employed the fee shall be an

amount of £20 plus an additional amount of £20 in respect of every additional fifty persons or fraction of fifty persons.

For the purposes of this Schedule an occupier of a factory or shop who works therein with any other person or persons employed therein shall be counted as a person employed therein.

FIFTH SCHEDULE Bread shops. Confectionery and pastry shops. Eating-houses and restaurants. Fish and oyster shops. Flower shops. Fruit and vegetable shops. Booksellers' and news agents* shops. Lending libraries. Cooked meat (other than tinned meat) shops. Photographers' shops. Undertakers' establishments.

Sections 80, 85,88,136.


Section 91. SIXTH SCHEDULE. Non-intoxicating beverages. Butter. Eggs. Milk. Cream. Tea. Coffee. Cocoa. Tobacco. Cigarettes. Cigarette papers. Matches. Toilet soap. Shaving soap. Razor blades. Powders and tablets used for the relief of pain the sale of which is not

restricted under the Poisons Act 1958.

Section 139 SEVENTH SCHEDULE. 1. Every factory or shop or warehouse of any of the following classes or in

which any of the following trades is usually carried on:— (a) Printing publishing or distributing newspapers; (b) The manufacture distribution or supply of gas or electric light or

power; (c) Any necessarily continuous process of manufacture; {d) Milk supply; (e) Eating-houses and restaurants; (/) Fish and oyster shops; (g) Cooked meat (other than tinned meat) shops; (h) Confectionery pastry and bread shops; (i) Fruit and vegetable shops; (;) Booksellers and news agents; (k) Undertakers' establishments.

2. Every bread factory while dough only is being prepared therein. 3. Every bread factory after 8 o'clock in the evening when Anzac Day falls

on a Friday. 4. Every factory shop or warehouse of any class or kind added by

proclamation of the Governor in Council to this Schedule.

Section 140 EIGHTH SCHEDULE. 1. All places where persons are employed in any—

apartment house, lodging house, boarding or guest house, coffee palace, confectionery and pastry shop, bread shop, eating-house, fish or oyster shop, flower shop, fruit and vegetable shop, bookseller's and news agent's shop, cooked meat (other than tinned meat) shop, hotel (whether or not a victualler's licence is held), premises for which an Australian wine licence or a billiard table licence

is in force.


EIGHTH SCHEDULE—continued.

premises which are occupied as a club, photographer's shop, undertaker's establishment, lending library.

2. Any establishment engaged in the trade of catering, wherever the catering may be provided.

labour and industry act 1958. an act to consolidate the

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