Bread (Amendment) Act 1988 (NSW)

BREAD (AMENDMENT) ACT 1988 No. 106

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Short title

2.       Commencement

3. Amendment of Bread Act 1969 No. 54

4. Repeal of Bread (Amendment) Act 1985 No. 214

SCHEDULE 1—AMENDMENTS

BREAD (AMENDMENT) ACT 1988 No. 106

NEW SOUTH WALES

Act No. 106, 1988

An Act to amend the Bread Act 1969 so as to remove the restrictions that	apply to the times when the baking and delivery of bread can occur; and to
repeal the Bread (Amendment) Act 1985. [Assented to 21 December 1988]

1   Act No. 106

Bread (Amendment) 1988

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Bread (Amendment) Act 1988.

Commencement

2. This Act commences on a day or days to be appointed by

proclamation.

Amendment of Bread Act 1969 No. 54

1. The Bread Act 1969 is amended as set out in Schedule 1.

Repeal of Bread (Amendment) Act 1985 No. 214

4. The Bread (Amendment) Act 1985 is repealed.

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 3 (Repeals, amendments and savings)—

Omit the section.

(2) Part 2 (Times for Baking and Delivery of Bread)—

Omit the Part, insert instead:

PART 2—DEREGULATION OF HOURS IN THE BREAD

INDUSTRY

Definitions

5. In this Part—

"award" means an award under the Industrial Arbitration Act

1940;

"employee" has the same meaning as in the Industrial

Arbitration Act 1940;

"industrial agreement" means an industrial agreement made

and filed under the Industrial Arbitration Act 1940;

"industrial tribunal" means the Commission, a conciliation
committee, an apprenticeship conciliation committee, a
conciliation commissioner or the conciliation commissioner

Bread (Amendment) 1988

SCHEDULE I— AMENDMENTS—continued

Starting and ceasing times for bread manufacture and delivery

6. (1) An industrial tribunal may not fix or provide for the fixing of—

(a)	starting times or ceasing times, or both, for the manufacture, preparation, making, baking or delivery of bread; or
(b)	periods during which bread may not be manufactured, prepared, made, baked or delivered.

(2) A provision of—

(a) an award (whenever made); or

(b)	an industrial agreement (made and filed before the date of assent to the Bread (Amendment) Act 1988); or
(c)	an order or decision of an industrial tribunal (whenever made or given),

that fixes or provides for the fixing of such starting times or ceasing times or such periods (or that purports to do so) is of no effect.

Certain wages to be regarded as ordinary pay
(1) Where an award or industrial agreement prescribes the payment of additional wages to employees or apprentices for the performance of work before or after a time or times specified by the award or agreement, those additional wages shall (if the award or agreement so prescribes) be regarded for the purposes of the Annual Holidays Act 1944 or the Long Service Leave Act 1955, or both, as part of the ordinary pay of those employees or apprentices.

7.

(2) Subsection (1) does not apply to overtime prescribed by the award or industrial agreement as being payable for the

performance of work in excess of a specified number of hours

within a specified period.
Saving of powers of industrial tribunals

8.      Subject to section 6, nothing in this Part—

(a)	derogates from or affects any power or duty of an industrial tribunal to prescribe, by award, payments by way of overtime or penalty rates for any work done by employees or apprentices, or shall be taken as an expression or indication of intention that any such payments should or should not be so prescribed; or
(b)	derogates from or affects any other power or duty which an industrial tribunal would have had if this Part were not in force.

4   Act No. 106

Bread (Amendment) 1988

SCHEDULE 1— AMENDMENTS—continued

(3) Schedule 1 (Repeal of Acts) and Schedule 2 (Amendment of Acts)—

Omit the Schedules.

[Minister's second reading speech made in—

Legislative Assembly on 29 November 1988 Legislative Council on 13 December 1988]