Industrial Arbitration (Basic Wage) Amendment Act 1955 (NSW)

INDUSTRIAL ARBITRATION (BASIC WAGE)

AMENDMENT ACT.

Act No. 34, 1955.

An Act to make further provisions in relation to the basis upon which wages in awards and industrial agreements are to be assessed; for this purpose to amend the Industrial Arbitration Act, 1940-1955; and for purposes connected therewith. [Assented

to, 4th November, 1955.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­
Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the "Industr ial Arbitration (Basic Wage) Amendment Act, 1955."
(2) The Industrial Arbitration Act, 1940, as amended by subsequent Acts and by this Act, may be cited as the Industrial Arbitration Acts, 1940-1955.
(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
2. The Industrial Arbitration Act, 1940-1955, is amended by inserting next after section 61H the follow­ ing new Division:—

(2)

DIVISION 2A.—Provisions applicable after the com­ mencement of the Industrial Arbitration (Basic

Wage) Amendment Act, 1955.

61i. (1) In this Division unless the context or

subject matter otherwise indicates or requires:—

"Commonwealth Statistician's Retail Price

Index Numbers" means the " C " Series All Items Retail Price Index Numbers issued from time to time by the Commonwealth Statistician.

(2) Any document purporting to be a copy of the Commonwealth Statistician's Retail Price Index Numbers and purporting either to be printed by the Government Printer or to be under the signature of the registrar or some person acting in his place or on his behalf shall, without proof of the signature or official character of the registrar or such person, be accepted by all persons and upon all occasions as a true copy of the Commonwealth Statistician's Retail Price Index Numbers unless proof is adduced that such document is not a true copy as aforesaid.

61j. (1) This section shall apply to and in respect of all awards and industrial agreements in force at the commencement of the Industrial Arbitration (Basic Wage) Amendment Act, 1955, and which fix rates of wages for employees by reference or in relation to the basic wage for adult males or the basic wage for adult females assessed on any index number contained in the Retail Price Index Numbers.

This section shall not apply to or in respect of any award or industrial agreement which contains a provision expressly excluding the application of section 61F of this Act.

(2) An award or industrial agreement to which this section applies shall, as from the com­ mencement of the first pay period in the month of have and take effect as if— November, one thousand nine hundred and fifty-five,	(a)	the appropriate basic wage for adult males had, immediately before the commencement of such pay period, been adjusted to an amount determined in accordance with the provisions of subsection three of this section;
(b)	the appropriate basic wage for adult females had, immediately before the commencement of such pay period, been adjusted to an

amount

amount equivalent to seventy-five pe r centum (calculated to the nea res t sixpence) of the amount to which the basic wage for adul t males has been adjus ted as referred

to in p a r a g r a p h (a) of th is subsection.

(3 ) F o r the purposes of de termining the amount to which the basic wage for adul t males is to be adjusted as hereinbefore re fe r red to the following provis ions shall have effect:—

The said amount shall be assessed upon the index number contained in the Commonwealth S ta t i s t i c ian ' s Retail P r i ce Index Numbers for the September q u a r t e r one thousand nine hundred and fifty-five for the place or combina­ t ion of places which is re levant or cor responds to the index number contained in the Re ta i l P r ice Index Numbers for such place or combina­ tion of places upon which the basic wage for adul t males contained in such a w a r d or indus t r ia l agreement has been assessed.

The said amount shall be calculated by mult i ­ plying the relevant or corresponding Common­ wealth S ta t i s t i c ian ' s Reta i l P r ice Index Number as aforesaid by one hundred and three and divid­ ing the product by one thousand. The resul t shall be the amount expressed in shillings and any fract ion less than one-half shall be dis­ rega rded and any fract ion which is one-half or g r ea t e r shall be r ega rded as a shilling.

(4) The t e rms of each a w a r d or indus t r i a l

agreement to which this section applies , affecting ra tes of pay , shall be deemed to be va r ied to the extent necessary to give effect to the provis ions of subsection two of this section as from the commence­ ment of the first pay per iod in the month of Novem­

ber, one thousand nine hundred and fifty-five:

P rov ided tha t no r a t e prescr ibed by any such

a w a r d or indus t r ia l agreement shall be reduced

merely by the opera t ion of this subsection.

(5)

(5) As soon as pract icable af ter the com­

mencement of the Indus t r i a l Arb i t r a t i on (Basic

Wage) Amendment Act, 1955, the r eg i s t r a r , subject to appea l to the commission, shall v a r y the t e rms of each a w a r d to which this section applies , affecting r a t e s of pay, to the extent necessary to give effect to the provis ions of this section and may make such a l te ra t ions in the form of any such award as he may think necessary or desirable to enable full effect to be given to the provis ions of this section.

Upon applicat ion made as prescr ibed the reg i s t ra r ,

subject to appea l to the commission, may v a r y the t e rms of any indus t r ia l agreement to which this section applies , affecting ra tes of pay, to the extent necessary to give effect to the provis ions of this section and may make such a l te ra t ions in the form of any such indus t r ia l agreement as he may think necessary or desirable to enable full effect to be given to the provisions of this section.

The r eg i s t r a r may refer any m a t t e r a r i s ing out

of this section to the commission for direction.

(6) I n this section—

" b a s i c wage for adul t m a l e s " means the basic

wage for adul t males in force immediate ly before the commencement of the Indus t r i a l Arb i t r a t ion (Basic W a g e ) Amendment Act, 1955, by the opera t ion of Division 2 of this P a r t .

" b a s i c wage for adul t f e m a l e s " means the basic

wage for adul t females in force immediately
before the commencement of the Indus t r ia l
Arb i t r a t ion (Basic W a g e ) Amendment Act, 1955, by the opera t ion of Division 2 of

this P a r t .

" R e t a i l Pr ice Index N u m b e r s " has the meaning

ascribed there to in Division 2 of this P a r t .
61K. (1) This section shall apply to and in respect
of all awards and indus t r ia l agreements made after

the commencement of the Indus t r i a l Arb i t r a t ion

(Basic W a g e ) Amendment Act, 1955.

( 2 )

(2) Subject to subsection four of this section all a w a r d s and indus t r ia l agreements to which th is section applies (other than awards or indus t r ia l agreements to which subsection three of this section applies) shall in so far as they fix r a t e s of wages by reference or in relat ion t o—

(a)	a basic wage for adult males be made by reference or in relat ion to a basic wage for adul t males assessed upon the index number for Sydney contained in the Commonwealth S ta t i s t i c ian ' s Retai l P r ice Index Numbers and calculated as provided in subsection five of this section; or
(b)	a basic wage for adult females be made by reference or in relat ion to a basic wage for adul t females equivalent to seventy-five pe r centum (calculated to the nea res t sixpence) of the basic wage for adul t males assessed and calculated under and in accordance wi th
p a r a g r a p h (a) of this subsection.

( 3 ) Subject to subsection four of th is section

all awards and indus t r ia l agreements to which th is section appl ies which fix r a t e s of wages for employees wi thin the County of Yancowinna (whether or not for such employees exclusively) shal l—

(a) in so far as they fix rates of wages for employees within the County of Yancowinna by reference or in re la t ion to—

(i) a basic wage for adul t males be to a basic wage for adul t males assessed on the index number for Broken Hil l contained in the Com­ monweal th S ta t i s t i c i an ' s Reta i l P r i ce Index Numbers and calcu­ la ted as provided in subsection five of this sect ion; or	made by reference or in re la t ion
(ii)	a basic wage for adult females be made by reference or in relat ion to a basic wage for adul t females

equivalent

equivalent to seventy-five per centum (calculated to the nea res t sixpence) of the basic wage for adul t males assessed and calculated under and in accordance wi th sub­ p a r a g r a p h (i) of this p a r a g r a p h ; and

(b) in so far as they fix rates of wages for employees not within the County of Yanco- winna by reference or in relat ion t o—

(i)   a basic wage for adult males be made by reference or in relat ion to a basic wage for adul t males assessed on the index number for Sydney contained in the Common­ wealth S ta t i s t i c ian ' s Reta i l P r ice Index Numbers and calculated as provided in subsection five of th is section; or

(ii)   a basic wage for adult females be made by reference or in re la t ion to a basic wage for adul t females equivalent to seventy-five pe r centum (calculated to the neares t sixpence) of the basic wage for adul t males assessed and calculated under and in accordance with sub­ p a r a g r a p h (i) of this p a r a g r a p h .

(4) Notwi ths tanding any th ing contained in

subsection two or three of this section, the pa r t i e s to

any a w a r d or indus t r ia l agreement to which this	section appl ies and which fixes ra tes of wages by
reference or in relat ion to a basic wage for adult males or a basic wage for adul t females, m a y by consent, a t the t ime the a w a r d or indust r ia l agree­ ment is made or upon any applicat ion for var ia t ion
of the a w a r d or indus t r ia l agreement , adopt—

(a) in the case of a basic wage for adult males, a basic wage for adul t males assessed upon the index number for such place within New South Wales or such combination of places

(of

(of which Sydney or some other town in New South Wales is one) contained in the Commonweal th S ta t i s t i c ian ' s Reta i l P r i ce Index Numbers as may be specified in the a w a r d or indus t r ia l agreement and calcu­ la ted as provided in subsection five of th is section; or

(b)	in the case of a basic wage for adult females, a basic wage for adul t females equivalent to seventy-five pe r centum (calculated to the nea res t sixpence) of the a p p r o p r i a t e basic wage for adul t males
assessed and calculated unde r and in
accordance with p a r a g r a p h (a) of this sub­

section.

(5) The basic wage for adul t males shall, for the purposes of p a r a g r a p h (a) of subsection two,

s u b p a r a g r a p h (i) of p a r a g r a p h (a) of subsection

three , s u b p a r a g r a p h (i) of p a r a g r a p h (b) of subsec­

tion three and p a r a g r a p h (a) of subsection four of

th is section be calculated by mul t ip ly ing the re levant index number as applicable by v i r tue of such provi­ sions by one hundred and three and dividing the p roduc t by one thousand. The resul t shall be the basic wage for adul t males expressed in shillings and any fract ion less than one-half shall be disre­ ga rded and any fract ion which is one-half or g rea te r shall be r ega rded as a shilling.

61L. NO a w a r d made or indus t r i a l agreement

entered into af ter the commencement of the Indus­ t r i a l Arb i t r a t ion (Basic W a g e ) A m e n d m e n t Act,

1955, shall be made or entered into, in the case of

adul t male employees, for a wage lower than such

basic wage for adul t males as may be applicable having r e g a r d to the indus t ry concerned or the a rea for which the a w a r d is made or the indus t r ia l agree­ ment is en tered into or, in the case of adul t female employees, for a wage lower t han such basic wage for adul t females as may be applicable having r e g a r d to the indus t ry concerned or the a rea for which the award is made or the indus t r ia l agreement is en tered into.

This

This section shall not apply to an award made or

indus t r ia l agreement entered into for wages of

apprent ices or t ra inee apprent ices .

61M. (1) Unless some other per iod of adjus tment is specifically provided in the a w a r d or indus t r ia l ag reement concerned, the basic wage for adul t males and the basic wage for adul t females shall be ad jus ted for each q u a r t e r in accordance with the fluctuations (if any) of the index numbers shown in the Commonweal th S ta t i s t i c ian ' s Reta i l P r ice Index Numbers for the then next preceding q u a r t e r a n d shall be calculated in like manne r a s provided in subsection five of section 61K of this Act .

(2) The t e rms of each a w a r d made or indus­ t r i a l agreement entered into whether before or after the commencement of the Indus t r i a l Arb i t r a t ion (Basic W a g e ) Amendment Act, 1955, affecting ra tes of p a y shall be deemed so to be var ied to accord with the fluctuations (if any) in the index number upon which the basic wage for adul t males and the basic wage for adul t females applicable to t h a t a w a r d or

indus t r ia l agreement is assessed—

(a)	in any case where a period of adjustment is specifically provided in the a w a r d or indus t r ia l agreement—as from the com­ mencement of the first p a y per iod in each
such per iod of ad jus tmen t ; or
(b)	in any other case—as from the commence­
ment of the first pay per iod in the months
of F e b r u a r y , May, Augus t and November
in each y e a r :

P rov ided tha t in the case of an indus t r ia l agree­ ment where provis ion is made in the indus t r ia l agree­ ment as to the manner in which effect shall be given to any such fluctuations in the index number upon which the basic wage for adul t males and the basic wage for adul t females is assessed, the t e rms of the indus t r ia l agreement affecting ra tes of pay shall, in lieu of the var ia t ion re fer red to in the preceding

provis ions

provisions of this subsection, be deemed to be varied to the extent necessary to give effect to that provision.

(3) The registrar may (subject to appeal to the commission), upon application made as prescribed or of his own motion, vary the terms of any award or industrial agreement affecting rates of pay to the extent necessary to give effect to subsection two of this section.

The terms of any award affecting rates of pay may to the extent practicable be expressed by the- registrar in such a form as will render unnecessary the variation of such award under this subsection consequent upon subsequent variations in the rates of pay pursuant to the operation of this section.

The registrar may refer any such application or any matter arising out of any such application or arising under this subsection to the commission for directions.

(4) This section shall not apply to or in respect of any award or industrial agreement which contains a provision expressly excluding the application of this section.