Factories and Shops Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

FACTORIES AND SHOPS.

No. 13 of 1978.

AN ACT to amend the Factories and Shops Act,

1963-1976.

[Assented to 16th May, 1978.]

RE it enacted by the Queen's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in this present

Parliament assembled, and by the authority of the

same, as follows:—

1. (1) This Act may be cited as the Factories Short title

and Shops Act Amendment Act, 1978. citation.

(2) In this Act the Factories and Shops Act, Approved

1963-1976 is referred to as the principal Act.	Reprint
24th July. 1975 and

(3) The principal Act as amended by this Act IlecateNcol.e7 by

may be cited as the Factories and Shops Act, of 1976.

1963-1978.

No. 13.] Factories and Shops. [1978.

Commence-

ment. 2. The provisions of this Act shall come into

operation on such day or days as is or are,

respectively, fixed by proclamation.

Section 5 3.

Subsection (1) of section 5 of the principal Act is amended by deleting paragraph (g) of the interpretation "factory".

amended.

Section 57A

added. 4. The principal Act is amended by adding after

section 57 the following section-

Special

provisions	57A. (1) The occupier of a shop in which person, has worked or was in attendance for the purpose of working between the hours of six o'clock in the afternoon and nine o'clock in the afternoon on Thursday in any week
for late
closing of	an employee, other than a child or young
shops.

(a) does not contravene-

(i)   subparagraph (i) of paragraph (a) of subsection (1) of section fifty-five; or

(ii)   paragraph (a) of subsection (1) of section fifty-six; and

(b) is not required to comply with sub- section (2) of section fifty-five, sub- section (2) of section fifty-six or subsection (2) of section fifty-seven,

except in relation to

(c)	an employee who, in the week in which he worked or was in attendance at the shop during those hours and in the week immediately preceding that week, worked or was in attendance at the shop for an aggregate of more than eighty hours;
(d)	an employee who, in the week in which he worked or was in attendance at the shop during those hours, worked or was in attendance at the shop for more than forty hours and-

(i) proceeded on annual or sick

leave; or

1978.] Factories and Shops. [No. 13.

(ii) had his employment terminated, whether by the occupier of the shop or otherwise.

(2) Notwithstanding any rule of law or construction to the contrary, where an agree- ment, lease or contract relating to the letting of a shop contains a term or covenant providing for the opening of the shop, whether at specified hours or specified times or not, the occupier of the shop is not in breach of that term or covenant by reason only of failing to open the shop between the hours of six o'clock and nine o'clock on Thursday in any week. .

5. Section 85 of the principal Act is amended	Section 85
amended.

as to subsection (1) by deleting paragraphs (a), (b) and (c) and substituting the following paragraphs

(a)	on Monday, Tuesday, Wednesday and Friday, in each week, until eight o'clock in the forenoon and from and after six o'clock in the afternoon;
(b)	on Thursday, in each week, until eight o'clock in the forenoon and from and after nine o'clock in the afternoon;
(c)	on Saturday, in each week, until eight o'clock in the forenoon and from and after one o'clock in the afternoon;
(d)	on Sunday in each week; and
(e)	on each public holiday and each public half-holiday. .

6. Section 89 of the principal Act is amended	Section 89
amended.

by deleting paragraph (a) of subsection (1) and

substituting the following paragraphs

(a) on Monday, Tuesday, Wednesday and Friday of each week, except between eight o'clock in the forenoon and six o'clock in the afternoon;

(aa) on Thursday of each week, except between eight o'clock in the forenoon and nine o'clock in the afternoon; .

No. 13.] Factories and Shops. [1978.

Section 91A

amended. 7. Section 91A of the principal Act is amended

(a) by deleting the passage "(1) Subject to subsection (2) of this section the" in lines one and two of subsection (1), and sub- stituting the word "The"; and

(b) by repealing subsection (2).

Section 96

amended. 8. Section 96 of the principal Act is amended

(a)	by deleting the word "shopkeeper" in line one and substituting the words "occupier of a shop or warehouse";
(b)	by deleting the words "shop assistant" in lines one and two and substituting the word "employee";
(c)	by deleting the word "shop" in line three and substituting the words "shop or warehouse";
(d)	by deleting the words "shop assistant" in line four and substituting the word "employee";
(e)	by deleting the words "with the shop- keeper" in lines five and six and substitut- ing the words "with him";
(f)	by deleting the word "shopkeeper" in line three of paragraph (a) and substituting the word "occupier";
(g)	by deleting the words "shop assistant" where occurring in line two and in line seven of paragraph (b) and substituting the word "employee" in each case;
(h)	by deleting the word "shop" in the last line of paragraph (b) and substituting the words "shop or warehouse";

(i)    by deleting the words "shop assistant" in line one of paragraph (c) and substituting the word "employee"; and

(j) by deleting the word "shopkeeper" in line three of paragraph (c) and substituting the word "occupier".

1978.] Factories and Shops. [No. 13.

9. Section 99 of the principal Act is amended— =3?

(a) as to subsection (1), by deleting the passage commencing with the word "basic" in line nine and ending with the expression "80" at the end of the subsection and substituting the following passage

minimum wage as declared and varied from time to time by The Western Australian Industrial Commission under the provisions of the Industrial Arbitra- tion Act, 1912 for males and females as the case may be

Males Females

Percentage Percentage

of of

Minimum Minimum

Wage Wage

Under 16 years of age 40 40

Between 16 and 17

years of age 50 50

Between 17 and 18

years of age 60 60

Between 18 and 19

years of age 70 70

Between 19 and 20

years of age 80 80

Between 20 and 21

years of age 95 95 ;

(b) as to subsection (7) by deleting the passage commencing with the passage "warehouse—" in line five and ending with the passage "employed." in the last line and substituting the following passage-

warehouse

in the case of such a male person,

(i)  at a lesser rate of wage than the current minimum wage prescribed for a male person over the age of twenty-one years by The Western Australian Industrial Commission under the provisions of the Industrial Arbitration Act, 1912; and

No. 13.] Factories and Shops. [1978.

(ii) in the case of such a female person, at a lesser rate of wage than the current minimum wage so prescribed for a female person over the age of twenty-one years. .