Factories and Shops Act Amendment Act of 1908 (8 Edw VII No. 4) (Qld)

9244 FACTORIES AND SHOPS. Factories ana Sltops Act Amenament Act. 8 Enw. VII. No. 4, FACTORIES AND SHOPS. Factories [tnd Shops Act Amenament Act of 1908... 8 Edw. VII. No. 4. Wages Boards Act of 1908 ... ... 8 Edw. VII. No. 8~ 8 Edw. VII. An Act to Amend "The Factories and Shops Act N; ~: . of 1900," in certain particulars. . FACTORIES AND SHOPS ACT AMENDMENT [ASSENTED TO 15TH APRIL, 1908.] B ACT OF 1908. E it enacted by the King's Most Excellent Majesty,. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same,. as follows :- Short title an i. 1. This Act shall be read as one with" The Factories- construction. and Shops Act of 1900,"* herein referred to as the Principal Act, and may be cited together with that Act as "The Factories and Shops Acts, 1900 to 1908," or separately as " The Factories and Shops Act Amendment Act of 1908.'" This Act shall commence and take effect on and from the first day of September, one thousand nine hundred and eight. Amendment 2. The following amendments are made in section of B. 4. four of the Principal Act :- In the definition of "Closed," the words "against admission" are repealed, and the words "by being locked or otherwise secured to the complete exclusion" are inserted in lieu thereof. In the definition of "Employee," after the word 'I whatever," the words" or are permitted by the occupier to act in any factory or shop as if they were employed' ~ are inserted. In the definition of "Half-holiday," the words" after a poll" are repealed. The following provision is added to the definition of " Occupier" : "For the purposes of Part VIII. of this Act, the term includes every person (whether employing any other person or not) in actual occupation of a factory or shop, or acting or apparently acting in the general management or control thereof." The following provision is added to the definition of "Shop": "but this provision shall not apply to any person of the Chinese or other Asiatic race, unless he holds a • 64 Vie. No. 28, supm, page 7216.

FACTORIES AND SHOPS. 9245 1908. Factories and Shops Act Amendment Act. license from the Minister to so conduct two or more descriptions of businesses." After the definition of " Week," the following definition is inserted :- "Year"-The period of time from and including the first day of April to and including the thirty-first day of March next following. 3. The following provision is added to section eight· Amendment of the Principal Act :_ of s.8. Upon any change in the occupation of a registered factory it shall be the duty of. the new occupier, within three day~ after entering into occupation, to serve on the inspector a written notice of entry into occupation contain- ing such particulars as may be prescribed, and if he fails so to do he shall be liable to a penalty not exceeding ten pounds. 4. In paragraph (a) of subsection one of section Amendment eleven of the Principal Act, after the word" thereof," the of s. 11. words "when he has reasonable cause to believe that any person is employed therein, and enter by day" are repealed, and the words " and also" are inserted in lieu thet'eof.. 5. After paragraph (iii.) of subsection two of section Amendment twenty-four of the Principal Act, the following provision of s. 24. is inserted: "and also (iv.) The averag'e weekly earnings, whether in wages or by piecework or both in wages and by piecework." In paragraph (v.) of subsection three of the said section, after the word "meals," the words "and also, in the case of a factory," are inserted. In paragraph (vi.) of the said subsection the words " or shop; and also, in the case of a shop," are repealed. Paragraph (vii.) of the sajd subsection is repealed. 6. Section twenty-five of the Principal Act is Repeal of repealed, and the following sections are inserted in lieu s. 25. thereof:- . [25.J (1.) For the better suppression of what is Sweating. commonly known as the "sweating evil," t.he following provisions shall apply in every case where the occupier of a factory lets or gives out work of any description to be done by any person elsewhere than in the factory.

9246 FACTORIES AND SHOPS. Factories and Shops Act Amendment Act. 8 Enw. VII. No. 4, (2.) The occupier of the factory shall at all times keep or cause to be kept a record showing with substantial correctness- (a) The full name and address of each such person, and the situation of the place where he does the work; (b) The quantity and description of the work done by each such person; and (c) The nature and amount of the remuneration paid to him therefor. (3.) If the person to whom the work is let or given out as aforesaid- (a) Directly or indirectly sublets the work or any part thereof, whether by way of piecework or otherwise; or (b) Does the work or any part thereof otherwise than on his own premises, and by himself or his own workpeople to whom he himself pays wages therefor- that person shall be guilty of an offen ce, and shall be liable to a penalty not exceeding ten pounds: Provided that the prohibition in paragraph (b) of this subsection shall not extend to any case where the inspector has granted a permit in writing to members of the same family to work together at home. (4.) If the occupier of the factory by whom the work is let or given out as aforesaid knowingly permits or suffers any such offence as aforesaid to be committed, he shall be liable to a penalty not exceeding fifty pounds. (5.) For the purposes of this section, and without in any way limiting the definitions of "factory" and " occupier" in section four of this Act, or the operation of this section to factories and occupiers as so defined- (a) 'fhe term "factory" includes any building, premises, apartment, or place from which any material is let or given out for the purpose of being prepared or manufactured outside such building, premises, apartment, or placA for trade or sale; . (b) Every merchant, wholesale dealer, shopkeeper, agent, or distributor, who lets or gives out material of any description for the purpose of being prepared or manufactured outside a factory for trade or sale, shall be deemed to be the occupier of a factory;

FAOTORIES AND SHOPS. 9241 1908. Factories ana Shops Act A.mendment A.ct, (0) The person to whom such material is let or given out shall be deemed to be employed by the occupier in the business of the factory outside the factory. (6.) In any proceedings under this section against the occupier of a factory, the knowledge of his servants or agents shall be deemed to be his knowledge. (7.) All the provisions of this Act relating to the registration of factories shall apply to factories within the meaning ot' this section. l25B.] (1.) Every person to whom work is let or Names and given out from a factory as aforesaid shall, either add~ esses of persona11y or by wrI' tten notI.ce, regI.ster W.Ith th e m. spector o wo u ~ ts k I e d r e s to be his full name and address, and also from time to time in regIstered. like manner register with the inspector any change in such address. (2.) Every person so registered shall truthfully answer Registered all q"?estions put to him by the inspector as to the ~ ~:: :: to occupIer of the factory by whom the work is let or given iuspe?tor's out and the price or rate to be paid to him therefor. questIOns. (3.) Every person guilty of any contravention of this Penalty. section shall be liable to a penalty not exceeding ten shillings. 7. The following words are added to subsection two Amendment of section twenty.six of the Principal Act, namely:- of s. 26. "and in addition every occupier who has not for· warded to the inspector every such copy or summary within seven days &fter the time prescribed for so doing shall forfeit and pay to the Chief Inspector a sum of ten shillings for every day which elapses after the seven days aforesaid until such copy 01' summary is duly forwarded, and every such sum shall be recoverable in the same manner as penalties and fees are recoverable under this Act." 8. The following provision is added to the second Amendment paragraph of subsection (i.) of section twenty-eight of the of s. 28. Principal Act :- Where earth closets are used, such closets shall, when the inspector so requires, be in separate buildings for each sex, and shall be placed in such position as may be directed by him. In subsection (iv.) of the said section, after the word "water," the words" free from all impurities so far as the same may be reasonably practicable" are inserted.

9248 FACTORIES AND SHOPS. Factories and Shops Act Amendment Act. 8 Enw. VII. No. 4, The following words are added to the said subsec- tion :-" All filters used shall be periodically cleansed as directed by the inspector." In subsection (vi.) of the said section, after the word "floors," the words "shall be constructed of concrete or other material impervious to moisture an~ " are inserted. Amendment 9. In section thirty-one of the Principal Act, after of B. 31. the word "bakehouses," the words" and in all factories and shops where food or drink intended for the food of man is prepared, stored, or in any way dealt with" are inserted '; also, after the word" bakehouse," wherever it occurs, the words" factory or shop" are inserted. The following words &re inserted at the commence- ment of paragraph (ii.) of the said section :-" Unless for any special reason expressly authorised in writing by the inspector," Amendment 10. In section thirty-two of the Principal Act, the of ~ . 32. word" Minister," where that word twice occurs, is repealed, and the word "inspector" is respectively inserted in lieu thereof. In the first paragraph of thc said section, the words "and may direct him" are repealed, and the words" The inspector may in any case direct the occupier" are inserted in lieu thereof; also, the word " such" before the word" employees," where it twice occurs, is repealed. . Repeal of 11. Section thirty-four of the Principal Act iR s.34. repealed. Amendment 12. Subsection one of section forty-five of the of B. 45. Principal Act is repealed, and the following subsection is inserted in lieu thereof:- . Remuneration (1.) Every person who is employed in any capacity in ~ o; ' ~ ~ ~ ~ ~ Y a factory or shop shall be entitled to receive from the occupier payment for his work at such rate as is agreed on, being not less than- (a) In the case of a person under twenty-one years of age, a rate of five shillings per week during the first year of his employment, with an annual increase of not less than two shillings and six pence per week during each year of the next succeeding five years of his employment in the same trade; (b) In the case of a person not under twenty-one years of age who has been employed in any capacity in a factory or factories or shop or

1908. FACTORIES AND SHOPS. Factories and Shops A.ct Amendment Act. 9249 shops for a period of not less than four years (whether such employment is continuous or not), a rate of not less than fifteen shillings per' . week for the first year, and seventeen shillings and six pence per week for the next and succeeding years. Every such weekly wage shall be paid in sterling money, and shall not, under any circumstances or pretence {)r device whatsoever, be subject to any diminution so as to reduce the amount thereof to a less sum than is herein- hefol'e prescribed for each worker respectively. 13. After section forty-five of the Principal Act, the following section is inserted ;- [45A.] (1.) The occupier shall, on the request of any Certificate of person leaving employment in the factory or shop, give to employment. 'Such person a certificate under his hand in the prescribed form stating correctly the period during which such person has been so employed. (2.) Such person shall not be entitled to demand any increased rate of payment under the last preceding section in respect of any period of employment after the first day {)f January, one thousand nine hundred and nine, in any factory or shop other than that in which he is employed, unless he producel'l to the occupier of the factory or shop in which he is employed the' certificate or certificates verifying such employment. (3.) The occupier shall keep a book in the prescribed form showing the period or periods of employment of each person employed by him, and this book shall be produced .at the request of the inspector. (4.) If any occupier refuses or neglects to give any such certificate on the request of any person employed by him, or gives any such certificate knowing the same to be false, or fails to keep correctly or to produce the said book, he shall be liable to a penalty not exceeding twenty pounds. 14. Sections forty-six and forty-eight of the Principal Act are repealed and the following section is inserted in lieu of the said section forty-six ;- [46.] (1.) No male young person and no female shall Working ' l U ... e emp 1 oye d con 't l ' llUOUS 1 y " In a f actory f or more t h an fi ve hoovuerrtsinainedfor hours without an interval of at least half-an-hour for a male young mea 1 . ppl'Sont and females in (2.) Subject to the provisions of this section as to factories. .overtime, no such employee shall be employed in a factory for more than forty-eight hours in anyone week.

9250 FAOTORIES AND SHOPS. Factories and Shops Act Amendment Act. 8 Enw. VII. No. 4, (3.) The ordinary working hours for such employees shall not extend beyond six o'clock in the evening of Monday, Tuesday, Wednesday, Thursday, and Friday,. nor beyond one o'clock after noon on Saturday. In districts, however, where the weekly half-holiday for shops. is some day of the week other than Saturday, the ordinary working hours for such employees shall not extend beyond one o'clock after noon on that day, and shall not extend beyond six o'clock in the evening of Saturday. (4.) The ordinary working hours and the times allowed for meals in the factory shall be deemed to be the- hours and the times specified in the notice affixed in the- factory. A change in such hours or times shall not be made- until after the occupier has served on the inspector and affixed in the factory a notice, in the prescribed form, of his intention to make such change, and shall not be made- oftener than once in three months, unless for special cause- allowed in writing by the inspector. The notice so served and affixed shall specify the- hours for the beginning and end of the period of employ- ment' and the times to be allowed for meals, to every. male young person and female w:here they differ from the ordinary hours or times. (5.) The total number of hours worked by any male- young person or female, exclusive of overtime and time allowed for meals, shall not exceed ten hours in each twenty-four hours. (6.) The meal times shall be the same for all such employees, except in those cases where for special reasons the inspector grants an exception in writing. . (7.) No female under eighteen years of age or male: young person shall be employed- (a) In a factory; or (b) In the business of but outside a factory, between the hours of six o'clock in the evening and six: 0' clock in the day: Provided that when it is proved to the satisfaction of the Minister that the customs or exigencies of the trade- carried on in any class of factories or parts thereof, either generally or situated in any particular locality, or other- reasons, require or make it desirable that such trade should be exempted from the operation of this subsection, he may by order grant to such class of factories or parts thereof a. special exemption for such time as he thinks fit.

1908. FACTORIES AND SHOPS. Factories and Shops Act Amendment Act, (8.) No male young person or female shall be employed in a factory at all on Sunday. (9.) Every such employee shall have a half-holiday from the hour of one o'clock on some working day of each week. (10.) Subject to all the conditions and restrictions prescribed by this section, and, save as herein provided, in every case with the written consent of the inspector, any male young person or female may be employed over- time in a factory on not more than forty days in each year. (11.) The expression "overtime" means the time before or after the ordinary working hours (that is, the hours specified in the notice of working hours) of the employees affected. (12.) Overtime shall not be worked by any such employee for a period exceeding three hours in any day. (13.) Overtime shall not be worked by any such employee on more than two consecutive days. (14.) The period of employment, including ordinary working hours and overtime (if any), shall begin and end at the same hour for all such employees, except in those cases where for special reasons the inspector grants an exception in writing. (15.) No such employee shall be employed ina factory after thirty minutes past nine o'clock in the evening on any week day. (16.) The total number of hours worked by any such employee, including ordinary working hours and overtime, shall not exceed fifty-six hours during anyone week. (17.) Notice of the intention to so work overtime shall be in the prescribed form, and shall in every case be delivered or sent to the inspector so as to be received by him not later than three o'clock after noon of the same day on which such overtime is to be worked; the written per- mission to work overtime shall also be affixed to the wall in a conspicuous position in the factory, and there main- tained. Every such permission shall state the number and' names of such employees, distinguishing between male and female, proposed to be employed overtime, and shall also state the names of all those who are females under eighteen years of age or male young persons. (18.) The occupier shall keep a record in the prescribed form of all overtime, and shall note against the name or each male young person and female the hours of overtime worked by such employee on each day, and shall produce 9251

9252 FACTORIES AND SHOPS.. Factories and Shops Act Amendment Act. 8 Enw. VII. No. 4, the record to the inspector on demand, and furnish a copy of the same to him when called upon to do so, or at such times as. may be prescribed. (19.) In cases of sudden unforeseen press of work overtime may be worked without the written permission of the inspector, if notice in writing is serverl. upon him by the occupier within twenty-four hours after the com- mencement of such overtime containing full particulars upon which the occupier relies that such working overtime was bond fide for the purpose of meeting a sudden unfore- seen press of work. But an occupier shall not under any circumstances be allowed the foregoing privilege for more than ten times in one year, and if the Minister is not satisfied in any case that such working overtime was bona fide to meet a sudden unforeseen presg of work, he may, for the remainder of the year, entirely withdraw such privilege. This subsection shall not be construed to entitle any occupier to work any male young person or female over- time in excess of the limit of forty days .hereinbefore mentioned. (20.) Overtime shall be paid for on the basis of time and a-half for time-workers, and three pence per hour in addition to piece-work rates for piece-workers, but in no case for any such employee shall the payment be below six pence per hour. In addition, six pence for tea money shall be paid in every case. (21.) All work done by a male young person or female who is an employee in a factory for the occupier outside the factory, whether the work is or is not con- nected with the business of the factory, shall be deemed to be done whilst employed in the factory, and the time shall be counted accordingly. (22.) A male young person or female shall not be employed in the business of a factory outside the factory on any day during which such employee is employed in the factory both before and after the dinner hour. (23.) All the provisions of this section applying to females shall apply to adult male persons engaged in or in connection with a laundry at work which is usually performed by females in a laundry. A.mendment ·15. In the first paragraph of subsection one of section of 8. 50. fifty of the Principal Act, after the words" News-agents' Shops," the words" and Railway Book Stalls; Bread and Biscuit Shops" are inserted.

FACTORIES AND SHOPS. 9253 1908. Factories and Shops Act Amendment .Act. The following WOl'ds are added to the said paragraph- -namely, "and also premises respect.ing which a pawn- broker's license under' The Pttwnbrokers' Aot of 1849 '* is in force." Subsection four of the said section is repealed, and the following subsection is inserted in lieu thereof:- [4.] Nothing in this Part of this Act shall be deemed to alter or affect the times or hours during which a licensed pawnbroker may under" The Pawnbrokers' Aot of 1849 ,,* receive or take in any goods or chattels by way of pawn, pledge, or security. The following provision is added to subsection five of the said section :- The ~ inister may, in his discretion, from time to time delegate his powers under this section to the Chief Inspector or to any inspector. 16. In the first paragraph of section fifty-one of the Amendment Principal Act, the word "ten" is repealed, and the word of s. 51. H nine" is inserted in lieu thereof. In the second proviso to section fifty-one of the Principal Act, the word" three" is repealed, and the word ~ , two" is inserted in lieu thereof. 'rhe following further proviso is added to the said section :- Provided further that, whenever a new District is proclaimed under this Act, the Governor in Council may by notification in the Gazette declare that the day thereto- fore generally observed in such District as the half-holiday in each week shall continue to be so observed therein until another day has been chosen by a poll as hereinafter provided. 17. In subsection one of section fifty-two of the Amendment Principal Act, the word" ratepayers" where it first occurs of s. 52. is repealed, and the words "electors within the meaning of the State Parliamentary Elections Acts" are inserted .in lieu thereof; the words" one-sixth" are repealed, and the words "one-twentieth" are inserted in lieu thereof; the word "ratepayers" where it secondly occurs is repealed, and the words "such electors" are inserted in lieu thereof; and the words "the ratepayers" are repealed,. and the words " such electors" are inserted in lieu thereof. In subsection four of the said section, the words" The voters' roll or rate-book, as the case may be, of the Local • 13 Vie. No. 37, supra, page 1748.

9254 FACTORIES AND SHOPS. Factories and Shops Act Amendment Act. 8 EDW. VII. No. 4, Authority or Local Authorities having· jurisdiction" are repealed, and the words "The State Electoral Roll or Rolls containing the names of the electors" are inserted in lieu thereof; the words "clerk of every such Local Authority" are repealed, and the words "the electoral registrar or registrars having charge of the Roll or Rolls" are inserted in lieu thereof; the words "as rated in respect of property within the Area" are repealed, and the words "as electors within the District" are inserted in lieu thereof; and the words" Provided that no such person shall be entitled to more than one vote" nre repealed. In subsections six and seven of the said section, the word "ratepayers" is repealed, and the word " electors" is inserted in lieu thereof. In subsection eight of the said section, the words "one year" are repealed, and the words "three years" are inserted in lieu thereof. In subsection ten of the said section, after the words "in each week," the words- " In every such case the agreement of the majority of the persons carrying on such business respectively shall be final and binding upon all such persons," are inserted. Amendment 18. Section fifty-three of the Principal Act is repealed~ of s. 53. and the following section is inserted in lieu thereof ; - Alter~ tion of [53.J Notwithstanding the provisions of this Act, if : ~ ~ : : :ght the occupier of a shop closes his shop for the whole of any holiday kept. holiday which falls on a day on which the closing time is nine o'clock in the evening, he may keep his shop open on the evening of the preceding day up to the hour of nine o'clock. 19. Section fifty-four of the Principal Act is repealed,. and the following section is inserted in lieu thereof ;- Duration of [54.J (1.) Subject to this section, no occupier shall aemndpolovyemrtiernrte employ any person in or about or in connection with work. his shop for a longer period than fifty-three hours in any one week, exclusive of such time as may be allowed for meals, nor for a longer period than nine and a-half hours in anyone day, exclusive of such time as may be allowed for meals. But when by this Act the shop may be kept open up to nine o'clock, or ten o'clock, as the case may be, in the evening, he may employ them on that uay for a period of eleven and a·halt' hours, exclusive of the time allowed for meals. .

FACTORIES AND SHOPS. 1908. Factories and Shops Act Amendment Act. (2.) No occupier of a butcher's shop shall employ any person in or about or in connection with his shop for a longer period than sixty hours in anyone week. (3.) No person under the age of sixteen years, unless under special circumstances and with the previous written permission of the inspector, shall be employed in any shop, Qr at any work in connection with the business of a shop, later than half an hour after the prescribed closing hour of the shop until six 0' clock in the morning of the following day; and all wqrk so done with such permission shall be deemed overtime under this section. (4.) No male person under the age of sixteen years and no female shall be employed continuously in any shop, Qr at any work in connection with the business of any shop, for more than five hours w~ithout an interval of at least half an hour for a meal, during which interval the employee shall be at liberty to leave the premises. (5.) No person under the age of eighteen years shall during any day be employed in any shop, or at any work in connection with the business of any shop, if such person has been previously employed on the same day in a factory for eight hours, or be so employed for a longer time than will when added to the time worked by such person in a factory exceed eight hours in the whole. (6.) No person who is employed in any capacity as a salesman, or shop assistant, or in clerical duties, in any shop shall also be employed as a watchman in any shop occupied by the same occupier. (7.) Subject to all the conditions and restrictions of this section, the occupier of any shop may detain his em- ployees who are not under the age of sixteen years at work for a period not exceeding three hours in anyone day beyond the ordinary working hoUl's on not more than .forty days in each year for each such employee. (8.) No such employee, however, may work overtime on the day of the weekly half-holiday, or on more than three consecutive nights the last of' which shall not imme- diately precede the night on which the shop may remain open after six o'clock in the evening. (9.) All overtime work shall be paid for on the basis of time and a-half, with a minimum payment of six pence per hour. (10.) In every case six pence for tea money shall be paid to all male persons under the age of sixteen years and females employed overtime. 9255

9256 FACTORIES AND SHOPS. Factories ana Shops Act Amenament Act. 8 EDw. VII. No. 4, (11.) During the hours in which overtime is being- worked the shop shall be closed. (12.) Save as hereinafter providE-d, overtime shall not be worked by such employees except upon the written permission of the inspector. (13.) Notice of the intention to work overtime shall be in the prescribed form, and shall in every case be delivered or sent to the inspector so as to be received by him not 1ater than three o'clock after noon of the day on which overtime is to be worked. The written p~ rmission to work overtime shall also be affixed in a conspicuous position in the shop before overtime work is commenced, and there maintained. Every such notice shall state the number and names of persons, distinguishing male and female, proposed to be employed overtime. (14.) In cases of sudden unforeseen press of work, over- time may be worked by employees who are not under the age of sixteen years without the written permission of the- inspector, upon condition of pa~ ' ment for the same, and tea money as aforesaid,if notice in writing is served upon him by the occupier within twenty-four hours after the commence- ment of such overtime containing full particulars upon which the occupier relies that such working overtime was bona fide for the purpose of meeting a sudden unforeseen press of work. But an occupier shall not under any circum- stances be allowed the foregoing privilege for more than ten times in one year, and if the Minister is not satisfied in any case that such working overtime was bona fide t() meet a sudden unforeseen press of work, he may, for the remainder of the year, entirely withdraw such privilege. This subsection shall not be construed to entitle any occupier to work any employee .overtime in excess of the limit of forty days hereinbefore mentioned. (15.) In the absence of such permission or of the exceptional circumstances mentioned in the last preceding subsection, it shall not be lawful for the occupier to employ any such employee in any shop later than half an hour after the prescribed closing hour of the shop. (16.) A detailed record of al1 overtime shall be kept in the prescribed form, showing the overtime worked on each day by each employee in a shop, and shall be pro- duced to the inspector on demand, and a copy thereof forwarded to him at such times as the inspector may require. (17.) All work performed by any employee in any shop on the following days, namely, the first day of

FACTORIES AND SHOPS. 9251 1908. Factories and 8ltops .Aot .Amendment .Av!. January, Good Friday, Easter Monday, the first Monday in May, the seventeenth day of March, the birthday of the Sovereign, Christmas Day, and the twenty-sixth day of December, shall be paid for on the basis of time and a-half with a minimum payment of six pence per hour. (18.) The occupier of a shop in which or in connection with which anv contravention of this section occurs shall be liable for the first offence to a penalty not exceeding two pounds, and for every subsequent offence to a penalty not exceeding five pounds. 20. Section fifty-five of the Principal Act is repealed, and the following section is inserted in lieu thereof : - [55.] (1:) No occupier of any shop exempted under Homs of ethmepIporyoeveisi 1 . 1 o 1 nsorofabtohuist oPra 1 r. 1 t 1 ocfonthniesctA. Iocnt . W sh I a t hll he I m' S pslhooyp a ( no I yr l s ~ l h m o p ep l xs o e.m ym p e te n d t where an employee is employed partly in shop duties and partly in domestic duties then for the whole of such duties) for a longer period than fifty-three hours in any one week, except in the case of employees in hotel bars and in chemists and druggists' shops, whose employment shall not exceed sixty hours in anyone week, exclusive in each case of such time as may be allowed for meals, nor any male person under the age of sixteen years or female for a longer period than twelve hours in anyone day, exclusive of such time as may be allowed for meals. , (2.) The notice of working hours in every such exempted shop shall state the detailed working hours of each employee. ' (3.) No malo person under the age of sixteen years and no female under the age of eighteen years shall be employed in any such exempted shop after eight o'clock in the evening, except on the one night of the week when all other shops within the District are permitted to remain open until nine o'clock or ten o'clock, as the case may be, in which case they may be employed until that hour. (4.) No employee in any such exempted shop shall be employed continuously in such shop, or at any work in connection with the business of such shop, for more than five hours without an interval of at least half an hoUl't during which interval the employee shall be at liberty to leave the premises. (5.) The time of stopping the day's work for each such employee shall not be more than fourteen hours later than the time at which such employee started work, and

1}258 FACTORIES AND SHOPS. Factories and Shops Act Amendment Act. 8 Enw. VII. No. 4, the working time shall not be more than eleven hours in any day. (6.) All work done by any male person under the age of sixteen years or female for the occupier of any such exempted shop outside the shop if the work is connected with the business of the shop shall be deemed to be done whilst employed in the shop, and the time shall be counted accordingly. (7.) No waiter or waitress employed by the occupier of a confectioner's shop or restaurant or refreshment shop shall be employed later than eight o'clock in the evening ,unless overtime payment be made in respect of work after that hour at the following rates :-From eight o'clock to eleven o'clock, nine pence per hour; and· from eleven o'clock onwards, one shilling per hour. (8.) All employees in such exempted shops, including employees in hotel bars and in the bars of registered clubs, shall have a half-holiday from the hour of two o'clock in the day on some working day of each week. The said half-holiday shall be on some day other than Sunday. (9.) No employee in any such exempted shop other than employees in hotel bars and in the bars of registered clubs and in chemists and druggists' shops and under- takerst establishments shall be employed on Sunday: Provided that when it is proved to the satisfaction of • itnheaMnyinsiustcehr tehxaetmtphteedexisgheonpcioesr ocflatshse obfuseixneemsspcteadrrisehdoposn, either generally or situated in any particular locality, or other reasons require or make it desirable that the fore- going restriction as to Sunday work should be wholly or partially relaxed in respect of such shop or class of shops, he may by order grant to such shop or class of shops a special exemption of such extent and on such terms and conditions as he thinks fit. . (10.) When so required by an inspector, a weekly statement for any specified period of the working hours and of the weekly half-holidays of employees in any such exempted shop or in the bar or bars of any hotel or regis- tered club shall be furnished by the occupier, and shall be signed by the occupier and by all such employees respecti.cly. 'CII.) If any occupier of a shop, or licensed victualler, or wine seller, or secretary or manager of a registered club commits any breach of the provisions of this section, he shall be liable to a penalty not exceeding five pounds.

FACTORIES AND SHOPS. 9259 1908. Faotories and Shops Act Amendment Act. 21. In the first paragraph of section fifty-six of the Amendment Principal Act, the word "solely" is repealed. After the B. 56. mst paragraph of the said section, the following provision is inserted:- When so required by an inspector, a statement .for :any specified period of the working hours and of the weekly half-holidays of the carters employed shall be furnished by the occupier of any factory or shop, and shall be signed by such occupier and by all such carters. The following provision is added to the said section:- This section shall not apply to employers of carters Monthly. in connection with any particular business within any : , ~ ; lbeholiday district if such employers have respectively agreed chosen. .amongst themselves by ballot, or such other means as the Minister prescribes, for the appointment of a day for a . whole holiday for their carters in each month. In every such case the agreement of the majority of such employers shall be final and binding upon all such employers. Notice of every such appointment shall be transmitted to the Minister, and, upon the same being notified in the Gazette, such day shall be observed in such District as a whole holiday for such carters until another day has been appointed in like manner. 22. After section fifty-six of the Principal Act, the following section is inserted :- . [56A..] No occupier of any shop or factory, whether Hours of such shop or factory is or is not subject to any general or f: ; ~ ~ ~ : : ~ i special exemption under any of the provisions of this Act, shall employ any carter in or in connection with the business of such shop or factory for a longer period than fifty~ three hours in anyone week, exclusive of any time occupied by such (Jarter in attending to horses; in every case the termination of each working day shall be the time at which the last load, article, or parcel was delivered or deposited at its destination: Provided that every load, article, or parcel delivered for carriage to any carter from any shop or factory on the day appointed for a half-holiday shall be handed to such carter in sufficient time to enable such load, article, or parcel to be delivered by one o'clock in the afternoon of such half-holiday. For the purposes of this section, a parcels delivery establishment shall be deemed to be a shop. D

9260 FACTORIES AND SHOPS. Factories and Shops Act Amendment Act. 8 EDw. VII. No. 4, 1908. Amendment 23. In section fifty-seven of the Principal Act, after- of s. 57. the word" matters," the following provision is inserted:- In every such case the agreement of the majority or the persons so carrying on business within the District shall be final and binding upon all of such persons. The following proviso is added to the said section : - J'rovided that, notwithstanding any such agreement as to the half-holiday or the closing hours in connection with chemists and druggists' shops, it shall not be unlawful for the occupier of or any employee in any such shop to supply at any time medicine or any surgical appliance that is urgently required. Amendment 24. In subsection two of section fifty-eight of the of 8. 58. Principal Act, after the words" closing hour," the words ."or otherwise contrary to the provisions of this Part of this Act" are inserted. In subsection three of the said section, the words " Save as by this Act is otherwise provided" are repealed. The second, third, and fourth paragraphs of the said subsection are repealed. 25. After section fifty-eight of the Principal Act, the following sections are inserted :- Ha.wking, & ~ . , [58A.] It shall not be lawful in any District for any a cl f o t 8 e i r nsghhoopurs person to pursue the calling of the hawking or itinerant prohibited. vending of any goods of the class or description usually sold in shops in the same District at any time later than half an hour after the time when such shops are required to be closed under this Act. It shall not be lawful in any District for any com- mercial traveller (as defined by section four of this Act) to sell by retail, or offer or expose for sale by retail, any samples or goods of the class or description usually sold in shops in the same District at any time later than half an hour after the time when such shops are required to be closed under this Act. Notwithstanding anything contained in any other Act, it shall not be lawful to sell by auction any goods of the class or description usually sold by retail in shops. within a District during the hours when such shops within the District are required to be closed under this Act. Any person who acts in contravention of this section, and any ·employer of such person, shall each of them be guilty of an offence against this Act.

FACTORIES AND SHOP.s. 8 Enw. VII. No. 8,1908. Wages Rom'ds. 9261 [58B.] The publication in the Gazette of any notifica- Effect of tion under this Part of this Act relating to any poll or to Ga::fiette. any agreement with respect to any holiday or half-holiday noh catlOn. shall in all cases be prima faoie evidence that all con- ditions and provisions relating to such poll or agreement, as the case may be, have in all respects been observed and complied with, 26. The following words are added to subsection six Amendments o f sec t I ' on SI . X t y 0 f the P n ' nCl . pa1 A C t :- of s. 60. " and to provide for females proper dining and seating accommodation." - The following subsection is inserted after subsection fifteen of the said section :- [15A.J Determining, in respect of any shop, what Olass~ s of classes of trade shall, for the purposes of this Act, be deemed trade m shops. to be classes of trade usually carried on in such shop, and thereupon such classes of trade and no other classes of trade shall be deemed to be the classes of trade usually carried on in such shop. 27. In subsection one of section sixty-five of the Am.endment Principal Act, after the word "penalties," the words "and of s.65, fees" are inserted. In subsection three of the said section, after the word "Minister," the words "or the Ohief Inspector" are inserted.. An Act to Make Provision for Wages Boards. 8 Edw. VII. No. 8. [ASSENTED TO 15TH APRIL, 1908.J , - l~ ~ s BOARDS AOT B E it enacted by the King's Most Excellent Majesty, OF 1908. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as" The Wages Boards .Aot Short titl~ , 0U1' 1908 , " and shall be read as one with " The Factories aconndstructIOn, and Shops .Aot (if1900,"* herein referred to as the Principal commence- Act, and may be cited together with that Act as " The ment of Act. Factories and Shops .Aots, 1900 to 1908." This Act shall commence and take effect on and from the first day of September, one thousand nine hundred and eight. "" 64 Vic. No. 28, supra, page 7216.