Industrial Arbitration (Basic Wage) Amendment Act 1961 (NSW)

INDUSTRIAL ARBITRATION (BASIC WAGE)
AMENDMENT ACT.
Act No. 29, 1961.

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, as amended by subsequent Acts, and certain other Acts; and for purposes connected therewith. [Assented to, 13th October, 1961.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as follows : —

1. (1) This Act may be cited as the "Industrial Arbitration (Basic Wage) Amendment Act, 1961".

(2)

(2) The Industrial Arbitration Act, 1940, as amended by subsequent Acts and by this Act, may be cited as the Industrial Arbitration Act, 1940-1961.

(3) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

(4) The Industrial Arbitration (Further Amendment) Act, 1961, is amended by omitting paragraph (a) of sub section two of section one.

The Industrial Arbitration Act, 1940, as amended by

subsequent Acts, is amended—

(a)

by inserting next after section 61s the following new Division : —

DIVISION 2C.—Provisions applicable after the

commencement of the Industrial Arbitration
(Basic Wage) Amendment Act, 1961.

6IT. (1) In this Division unless the context or subject matter otherwise indicates or requires : —
"Consumer Price Index" means the Consumer Price Index issued from time to time by the Commonwealth Statistician.

(2) Any document purporting to be a copy of the Consumer Price Index 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 Consumer Price Index unless proof is adduced that such document is not a true copy as aforesaid.
61u. (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, 1961,
and
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 Common wealth Statistician's 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 61 F or 61M of this Act.
(2) An award or industrial agreement to which this section applies shall, as from the commencement of the first pay period in the month of November, one thousand nine hundred and sixty-one, have and take effect as if—

(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 equivalent to seventy-five per centum (calculated to the nearest sixpence, threepence to be regarded as sixpence,) of the amount to which the basic wage for adult males has been adjusted as referred

to in paragraph (a) of this subsection. (3) For the purposes of determining the

amount to which the basic wage for adult males is
to be adjusted as hereinbefore referred to the
following provisions shall have effect: —
The said amount shall, where the basic wage for adult males contained in such award or industrial agreement has been assessed upon the index number contained in the Commonwealth Statistician's Retail Price Index Numbers for a place or combination of

places, and (a)

(a)

there is an index number contained in the Consumer Price Index for the September quarter one thousand nine hundred and sixty-one for such place or combination of places, be assessed upon the index number contained in the Consumer Price Index for the said September quarter for such place or combination of places; or

(b)

there is no index number contained in the Consumer Price Index for the September quarter one thousand nine hundred and sixty-one for such place or combination of places, be assessed upon the index number for Sydney contained in the Consumer Price Index for the said September quarter.

The said amount shall be calculated by multiplying the Consumer Price Index Number applicable as aforesaid by two thousand four hundred and forty-seven and dividing the product by one thousand. The result shall be the amount expressed in shillings and any fraction less than one-half shall be disregarded and any fraction which is one-half or greater shall be regarded as a shilling.
(4) The terms of each award or industrial agreement to which this section applies, affecting rates of pay, shall be deemed to be varied to the extent necessary to give effect to the provisions of

pay period in the month of November, one thousand this section as from the commencement of the first
nine hundred and sixty-one.

(5) 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 to which this section applies, affecting rates of pay, to the extent necessary to give effect to this section.
The

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.

(6) In this section—

"basic wage for adult males" means the basic wage for adult males in force immediately before the commencement of the Industrial Arbitration (Basic Wage) Amendment Act, 1961, by the operation of Division 2A of this Part.
"basic wage for adult females" means the basic wage for adult females in force immediately before the commencement of the Industrial Arbitration (Basic Wage) Amendment Act, 1961, by the operation of Divisions 2A and

2B of this Part.

"Commonwealth Statistician's Retail Price Index Numbers" has the meaning ascribed thereto in Division 2A of this Part.
61v. (1) This section shall apply to and in respect of all awards and industrial agreements made after the commencement of the Industrial Arbitration (Basic Wage) Amendment Act, 1961.
(2) Subject to subsection three of this
section all awards and industrial agreements to

which this section applies shall in so far as they fix rates of wages by reference or in relation t o —

(a)

a basic wage for adult males be made by reference or in relation to a basic wage for adult males assessed upon the index number for Sydney contained in the Consumer Price Index and calculated as provided in subsection four of this section; or

(b)

a basic wage for adult females be made by reference or in relation to a basic wage for adult females equivalent to seventy-five per

centum

centum (calculated to the nearest sixpence, threepence to be regarded as sixpence,) of the basic wage for adult males assessed and calculated under and in accordance with paragraph (a) of this subsection.

(3) Notwithstanding anything contained in subsection two of this section, the parties to any award or industrial agreement to which this section applies and which fixes rates of wages by reference or in relation to a basic wage for adult males or a basic wage for adult females, may by consent, at the time the award or industrial agreement is made or upon any application for variation of the award or industrial agreement, adopt—

(a) in the case of a basic wage for adult males, a basic wage for adult males assessed upon the index number for such place or such combination of places (of which Sydney is one) contained in the Consumer Price Index as may be specified in the award or industrial agreement and calculated as provided in subsection four of this section; or
(b) in the case of a basic wage for adult females, a basic wage for adult females equivalent to seventy-five per centum (calculated to the nearest sixpence, threepence to be regarded

as sixpence,) of the appropriate basic wage for adult males assessed and calculated
under and in accordance with paragraph (a)
of this subsection.
(4) The basic wage for adult males shall, for the purposes of paragraph (a) of subsection two and paragraph (a) of subsection three of this section, be calculated by multiplying the relevant index number as applicable by virtue of such provisions by two thousand four hundred and forty-seven and dividing the product by one
thousand.
thousand. The result shall be the basic wage for adult males expressed in shillings and any fraction less than one-half shall be disregarded and any fraction which is one-half or greater shall be regarded as a shilling.
61w. No award made or industrial agreement entered into after the commencement of the Industrial Arbitration (Basic Wage) Amendment Act, 1961, shall be made or entered into, in the case of adult male employees, for a wage lower than the appropriate basic wage for adult males assessed and calculated under subsection two or three of section 61v of this Act or, in the case of adult female employees, for a wage lower than such appropriate basic wage for adult females, as may be applicable.
This section shall not apply to an award made or industrial agreement entered into for wages of apprentices or trainee apprentices.
61x. (1) Unless some other period of adjust ment is specifically provided in the award or industrial agreement concerned, the basic wage for adult males and the basic wage for adult females shall be adjusted for each quarter in accordance with the fluctuations (if any) of the index numbers

contained in the Consumer Price Index for the then
next preceding quarter and shall be calculated in like manner as provided in subsection four of section 61v of this Act.
(2) The terms of each award made or industrial agreement entered into whether before or after the commencement of the Industrial Arbitration (Basic Wage) Amendment Act, 1961, affecting rates of pay shall be deemed so to be varied to accord with the fluctuations (if any) in the index number upon which the basic wage for

adult

adult males and the basic wage for adult females applicable to that award or industrial agreement is assessed—

(a) in any case where a period of adjustment is specifically provided in the award or industrial agreement—as from the com mencement of the first pay period in each such period of adjustment; or
(b) in any other case—as from the commence ment of the first pay period in the months of February, May, August and November in each year :

Provided that in the case of an industrial agreement where provision is made in the industrial agreement as to the manner in which effect shall be given to any such fluctuations in the index number upon which the basic wage for adult males and the basic wage for adult females is assessed, the terms of the industrial agreement affecting rates of pay shall, in lieu of the variation referred to in the preceding 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

any award or industrial agreement affecting rates prescribed or of his own motion, vary the terms of
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
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.

(b) by inserting in section 61 P after the figure and
symbol " 2 A " the word, figure and symbol "or 2 c " ;

(c)

(i) by omitting from subsection five of section 88D
the figure and symbol " 2 A " and by inserting in
lieu thereof the figure and symbol " 2 c " ;
(ii) by omitting paragraph (c) of subsection nine of the same section and by inserting in lieu thereof the following paragraph : —
(c) In this section "appropriate basic wage for adult males" means the basic wage for adult males as may be applicable pursuant to and assessed and calculated under and in accordance with the provisions of Division 2c of Part V of this Act.

3. The Acts (as amended by subsequent Acts, if any) specified in the first and second columns of the First Schedule to this Act are amended as respectively specified in the third column of the said Schedule.
4. The Acts (as amended by subsequent Acts, if any) specified in the first and second columns of the Second Schedule to this Act may be cited as respectively specified in the third column of the said Schedule.

FIRST

FIRST SCHEDULE.

Reference to

Short title.

Amendment.

Act.

No. 20, 1899

Police

Regulation

Section 12D, subsection (4).—Omit

ring, insert "61v" and "61x"
respectively.

Act, 1899. "61K" and "61M" wherever occur

No. 21, 1899

Common Law Pro-

Section 181, subsection (3).—Omit

ring, insert "61v" and "61x"
respectively.

cedure Act, 1899. "61K" and "61M" wherever occur-

No. 31, 1902

Public Service

Act, Section 48, subsection (3).—Omit "of the needs basic wage for the time being applicable to awards of the Commonwealth Court of Con ciliation and Arbitration for employees of the New South Wales Railways with the fixed loading addition determined in any judg ment of that Court as being applicable for the time being in relation to such awards.", insert "of the basic wage for adult males assessed and calculated in accord ance with the provisions of para graph (a) of subsection two of section 61 v of the Industrial Arbitration Act, 1940, as amended by subsequent Acts, and as adjusted for the time being in accordance with the provisions of section 61 x of that Act, as so amended."

1902.

Section 56A, subsection (3A).—Omit
"61K" and "61M" wherever occur
ring, insert "61 v" and "61x"
respectively.

No. 23, 1912

District Courts

Act, Section 117, subsection (2).—Omit

1912. "61K" and "61 M " wherever occur
ring, insert "61v" and "61x"
respectively.

No. 30, 1912

Government

Rail

Section

107A,

subsection

(3 A ) . —

ways Act, 1912. Omit "61K" and "61M" wherever occurring, insert "61v" and "61x" respectively.

No. 33, 1912

Small Debts Recovery

Section 56, subsection (5).—Omit

ring, insert "61v" and "61x"
respectively.

Act, 1912. "61K" and "61M" wherever occur
FIRST

FIRST SCHEDULE—continued.

Reference to

Act. Short title. Amendment.

No. 36, 1920 Workmen's Compen Schedule, Part II, paragraph 3.—

sation (Broken Hill) Omit "subparagraph (i) of para
Act, 1920.
Act, 1920. graph (a) of subsection three of section 61K of the Industrial Arbitration Act, 1940-1956", insert "paragraph (a) of subsection two of section 61 v of the Industrial Arbitration Act, 1940-1961".
Schedule, Part II, paragraph 6.— Omit "subparagraph (i) of para graph (a) of subsection three of section 61K of the Industrial Arbitration Act, 1940-1956", insert Arbitration Act, 1940-1956", insert "paragraph (a) of subsection two "paragraph (a) of subsection two of section 61 v of the Industrial Arbitration Act, 1940-1961".

No. 24, 1924 Main Roads Act, Section 7B, subsection (4).—Omit
1924. "61K" and "61M" wherever occur

ring, insert "61v" and "61x"
respectively.

No. 15, 1926

No. 15, 1926 Workers' Compen Section 9, subsection (1A), paragraph
Section 9, subsection (1A), paragraph
insert "61 v" and "1961" respec
tively.

sation Act, 1926. (c).—Omit "61K" and "1956",
(c).—Omit "61K" and "1956",
sation Act, 1926.
Section 11, subsection (1), paragraph (d).—Omit "61K" and "1956", (d).—Omit "61K" and "1956", insert "61v" and "1961" respec tively.
Section 11, subsection (1), paragraph
Section 14, subsection (2).—Omit
"61K" and "1956", insert "61v"
and "1961" respectively.

No. 18, 1930 Transport Act, 1930.

Transport Act, 1930. Section 128A, subsection (4).—Omit
"61K" and "61M" wherever occur
ring, insert "61v" and "61x"
respectively.

No. 17, 1943

No. 17, 1943 Legal Assistance Act, Section 6, subsection (4), paragraph Section 6, subsection (4), paragraph "61v" and "61x" respectively.
Section 6, subsection (4), paragraph "61v" and "61x" respectively.
1943. (c).—Omit "61K" and "61M", insert
(c).—Omit "61K" and "61M", insert
(c).—Omit "61K" and "61M", insert
"61v" and "61x" respectively.

No. 25, 1948 Landlord and Tenant Section 62, subsection (6), paragraph Section 62, subsection (6), paragraph
Section 62, subsection (6), paragraph

(Amendment) Act, (c).—Omit "61K" and "61M", insert
(c).—Omit "61K" and "61M", insert
(c).—Omit "61K" and "61M", insert
1948. "61v" and "61x" respectively.
"61v" and "61x" respectively.
"61v" and "61x" respectively.

No. 28, 1957 Attachment of Wages Section 10, subsection (4).—Omit

Limitation Act, "61K" and "61M" wherever occur
1957.

ring, insert "61v" and 61x"
respectively.

No. 18, 1961 District Courts and Section 1.—Omit subsections (2) and

Small Debts Re (3).
(3).

covery (Amend
ment) Act, 1961.

FIRST

FIRST SCHEDULE—continued.

Reference to

Act. Short title. Amendment.

No. 19, 1961

Government

Rail

Section 1.—Omit subsection (2).

ways and Transport (Amendment) Act, 1961.

No. 23, 1961

Police

Regulation

Section 1.—Omit subsection (2).

(Amendment) Act,
1961.

No. 24, 1961

Landlord and Tenant

Section 1.—Omit subsection (2).

(Amendment) Act,
1961.

S E C O N D S C H E D U L E .

Reference to

Short title.

Citation.

Act.

No. 20, 1899.

Police

Regulation

Police Regulation Act, 1899-1961.

Act, 1899.

No. 21, 1899.

Common Law Pro

Common Law Procedure Act, 1899-

cedure Act, 1899. 1961.

No. 23, 1912.

District Courts Act,

District Courts Act, 1912-1961.

1912.

No. 30, 1912.

Government

Rail

Government Railways Act, 1912-1961.

ways Act, 1912.

No. 33, 1912.

Small Debts Recovery

Small Debts Recovery Act, 1912-1961.

Act, 1912.

No. 36, 1920.

Workmen's Compen

Workmen's Compensation (Broken

sation (Broken Hill) Hill) Act, 1920-1961.
Act, 1920.

No. 24, 1924.

Main

Roads

Act,

Main Roads Act, 1924-1961.

1924.

No. 15, 1926.

Workers'

Compen

Workers' Compensation Act, 1926-

sation Act, 1926. 1961.

No. 18, 1930.	Transport Act, 1930.	Transport Acts, 1930-1961.
No. 17, 1943.	Legal Assistance Act,	Legal Assistance Act, 1943-1961.

1943.

No. 25, 1948.

Landlord and Tenant

Landlord and Tenant (Amendment)

(Amendment) Act, Act, 1948-1961.
1948.

No. 28, 1957.

Attachment of Wages

Attachment of Wages Limitation Act,

Limitation Act, 1957-1961.
1957.
MUSEUM

Actions

Download as PDF Download as Word Document

Citations

Industrial Arbitration (Basic Wage) Amendment Act 1961 (NSW)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(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 equivalent to seventy-five per centum (calculated to the nearest sixpence, threepence to be regarded as sixpence,) of the amount to which the basic wage for adult males has been adjusted as referred

(a)	there is an index number contained in the Consumer Price Index for the September quarter one thousand nine hundred and sixty-one for such place or combination of places, be assessed upon the index number contained in the Consumer Price Index for the said September quarter for such place or combination of places; or
(b)	there is no index number contained in the Consumer Price Index for the September quarter one thousand nine hundred and sixty-one for such place or combination of places, be assessed upon the index number for Sydney contained in the Consumer Price Index for the said September quarter.

pay period in the month of November, one thousand	this section as from the commencement of the first
nine hundred and sixty-one.
(5) 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 to which this section applies, affecting rates of pay, to the extent necessary to give effect to this section.

(a)	a basic wage for adult males be made by reference or in relation to a basic wage for adult males assessed upon the index number for Sydney contained in the Consumer Price Index and calculated as provided in subsection four of this section; or
(b)	a basic wage for adult females be made by reference or in relation to a basic wage for adult females equivalent to seventy-five per

(a)	in any case where a period of adjustment is specifically provided in the award or industrial agreement—as from the com mencement of the first pay period in each such period of adjustment; or
(b)	in any other case—as from the commence ment of the first pay period in the months of February, May, August and November in each year :

any award or industrial agreement affecting rates	prescribed or of his own motion, vary the terms of
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.

1912.	"61K" and "61 M " wherever occur
ring, insert "61v" and "61x"
respectively.

sation (Broken Hill)	Omit "subparagraph (i) of para
Act, 1920.
Act, 1920.	graph (a) of subsection three of section 61K of the Industrial Arbitration Act, 1940-1956", insert "paragraph (a) of subsection two of section 61 v of the Industrial Arbitration Act, 1940-1961".

sation Act, 1926.	(c).—Omit "61K" and "1956",
(c).—Omit "61K" and "1956",

No. 17, 1943	Legal Assistance Act, Section 6, subsection (4), paragraph	Section 6, subsection (4), paragraph "61v" and "61x" respectively.
Section 6, subsection (4), paragraph "61v" and "61x" respectively.

No. 25, 1948	Landlord and Tenant Section 62, subsection (6), paragraph	Section 62, subsection (6), paragraph
Section 62, subsection (6), paragraph

(Amendment) Act,	(c).—Omit "61K" and "61M", insert
(c).—Omit "61K" and "61M", insert
(c).—Omit "61K" and "61M", insert
1948.	"61v" and "61x" respectively.
"61v" and "61x" respectively.
"61v" and "61x" respectively.

sation (Broken Hill)	Hill) Act, 1920-1961.
Act, 1920.