Industrial Arbitration (Forty Hours Week) Amendment Act 1947 (NSW)
INDUSTRIAL ARBITRATION (FORTY
HOURS WEEK) AMENDMENT ACT.
Act No. 6, 1947.
An Act to make further provision for regu- lating the hours of work in certain indus- tries ; to amend the Industrial Arbitration Act, 1940, and certain other Acts; and for purposes connected therewith. [Assented to, 28th March, 1947.]
| BE it enacted by the King's Most Excellent Majesty, lative Council and Legislative Assembly of New South 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 (Forty Hours Week) Amendment Act, | ||
| ||
| amended by subsequent Acts and by this Act, may be cited as the Industrial Arbitration Act, 1940-1947. | ||
| (3) Except where otherwise expressly provided in this Act this Act shall commence upon the first day of July, one thousand nine hundred and forty-seven, or upon such earlier day as may be appointed by the Governor | ||
|
2. (1) The Indus t r i a l Arb i t r a t ion Act, 1940, as amended by subsequent Acts , is amended—
(a) by inserting next after section two the follow ing new sect ion:— 2A. This Act shall be read and construed sub ject to the Commonweal th of Aus t r a l i a Consti tu t ion Act and so as not to exceed the legislative power of the S ta te to the intent tha t where any provision of this Act or the appl icat ion thereof to any person or circumstance is held invalid the r emainder of this Act and the appl icat ion of such provis ion to other persons or circumstances shall not be affected.
(b) by omitting from the heading to Division 1 of
P a r t V I the words "Pending declaration" and
by inser t ing in lieu thereof the words " Standard Hours;"
(c) by omitting section sixty-three and by inserting in lieu thereof the following sections:—- 63. The o rd ina ry working hours in all indus t r ies other than coal mining to which th is Act applies shall, for the purposes of this Act, be as prescr ibed in or under this section and the following directions shall be observed by the commission and the committees in making awards and by the par t i es in making agree ments :—
(a) In all industries subject to the provi sions of this section the number of o rd inary working hours of an employee shall not exceed—
(1) eight hours du r ing any consecu
t ive twenty-four h o u r s ; or
(2) for ty hours pe r week; or
(3) eighty hours in fourteen consecu
tive d a y s ; or
(4) one hundred and twenty hours
in twenty-one consecutive d a y s ; or (5) (5) one hundred and sixty hours in
twenty-eight consecutive days .
W h e r e in any indus t ry or calling meal t ime or crib t ime was a t the commence ment of the Indus t r i a l Arb i t ra t ion ( F o r t y H o u r s Week) Amendment Act, 1947, included in the hours of labour by award or agreement , or by well- established pract ice in the indus t ry , such meal t ime or crib t ime shall be counted as working t ime.
W h e r e a working period has been fixed by an award or agreement before or af ter the commencement of the Indus t r i a l Arb i t r a t ion ( F o r t y H o u r s Week) Amendment Act, 1947, the work ing per iod shall not be a l tered to any of the longer working per iods re fer red to in this section except by agreement or award made by consent.
(b)
The working time of an employee in a shift in underground occupations or occupations in which the conditions as to t empera tu re , venti lat ion, and light ing are s imilar to those obtaining in underground occupations, shall no t exceed six hours if for four hours of the working time of the shift the t empera tu re of the place where the employee is
occupied shall have exceeded eighty- one degrees Fah renhe i t t he rmomete r
us ing a wet bulb.
F o r the purposes of this p a r a g r a p h
any number of employees whose r egu la r t ime for beginning work is approxi mate ly the same and whose regula r t ime of t e rmina t ing work is approx imate ly the same are to be deemed a shift of employees.
(c)
Where by an award or agreement the o rd ina ry working hours on any day o r
days
days in any week a re fixed a t less than eight, such hours on the other days of the week may exceed eight per d a y ; and where unde r an award or agreement the working hours a re or may be worked in less than six days per week, such hours may exceed eight pe r day.
No employee shall be requi red to work without payment of overt ime on more than six out of seven consecutive days except in an indus t ry which is subject to an award or agreement p ro viding for shift work, and in which the employee is not required to work more than eleven shifts in twelve consecutive days , or except in cases of emergency not under the control of the employer.
(d) The commission or a committee may increase the o rd ina ry working hours or the number of days on which they m a y be worked or both such hours and days beyond those specified in this section in the public interest . (e) (i) The commission or a committee may reduce the o rd ina ry working hours below the number of hours specified in this section of any employees engaged upon work which in the opinion of the commis
sion or committee is prejudicial to health. (ii) The ordinary working hours of the employees or any class of employees in any indus t ry may be reduced below the number of hours specified in this section by agree ment or a w a r d made by consent.
The Crown may, where in the
opinion of the Minister , the public
in teres ts a re or would be likely to
be
be affected by any agreement re ferred to in this subparagraph , apply to the commission a t any t ime for an o rder suspending, va ry ing or rescinding such agree ment, and the commission shall have jur isdict ion to make any such order if it thinks fit.
(f) Where in any industry the ordinary t ime of work was at the commencement of the Indus t r i a l Arb i t r a t ion ( F o r t y Hour s Week) Amendment Act, 1947, fixed by award or agreement or by well- established pract ice in the indus t ry , such time shall not be exceeded there after in respect of such indus t ry .
63A. (1) The te rms of each award or agree ment in force at the commencement of the Indus t r i a l Arb i t r a t ion ( F o r t y H o u r s Week) Amendment Act, 1947, shall be deemed to be varied to the extent necessary to give effect to the provisions of section sixty-three of this Act as from such commencement.
(2) Wages and salar ies fixed upon a weekly or longer basis by any award or agree ment in force at the commencement of the Indus t r i a l Arb i t r a t ion ( F o r t y H o u r s Week) Amendment Act, 1947, or any award made or agreement entered into af ter such commence
ment shall not be reduced by reason of any
reduction of the o rd ina ry working hours by o r
under section sixty-three of this Act.
(3) W h e r e the o rd inary working hours
in an indus t ry for the t ime being subject to an award or agreement are reduced by or u n d e r section sixty-three of this Act, the ra te of wages specified in the award or agreement as payable upon a daily or hourly basis shall, by v i r tue of this subsection and without any fur ther a w a r d or var ia t ion or amendment of the award or agreement , be increased to such ra te as w i l t
p rov ide
provide each employee working full t ime with the same amount of wages as he would have received for working full t ime under the provi sions of the a w a r d or agreement p r io r to such reduct ion of hours .
(4) W h e r e the o rd inary working hours in an indus t ry for the t ime being subject to an a w a r d or agreement are reduced by or under section sixty-three of this Act, any piecework r a t e specified in the a w a r d or agreement shall, by v i r tue of this subsection and without any fu r the r award or var ia t ion or amendment of the a w a r d or agreement , be increased to such ra t e as will provide each employee working full t ime with the same remunera t ion as he would have received working full t ime at the same speed under the provis ions of the award or agreement p r io r to such reduction of hours .
(5) The increase in the r a t e of wages
a n d piecework ra te prescr ibed by subsectionsthree and four of this section shall take effect—
(a)
in the case in which the commission or a committee exercises the jur isdic t ion conferred by s u b p a r a g r a p h (i) of p a r a g r a p h (e) of section sixty-three of this Act, as from the date of the order of the commission or committee, or as from such future date as is
specified in the o rde r ; and
(b) in the case of an agreement or award made by consent as mentioned in sub p a r a g r a p h (ii) of p a r a g r a p h (e) of section sixty-three of this Act, as f rom such date as is specified in the agree
ment or a w a r d ; and (c) in other cases, as from the date of the
commencement of the Indus t r i a l Arb i
t ra t ion ( F o r t y H o u r s Week) Amend ment Act, 1947.
(6)
(6) Any increase in the r a t e of wages or piecework r a t e under th is section shall be bind ing and enforceable in the same manner as if the same had been made by an award of the commission or a committee.
(7) W h e r e the o rd ina ry working hours
in an indus t ry subject to an award or agreement a re , upon the commencement of the Indus t r i a l Arb i t r a t ion ( F o r t y H o u r s Week) Amendment Act, 1947, reduced by section sixty-three of this Act, the r e g i s t r a r may (subject to appeal to the commission) upon applicat ion to him in the p re scribed manner by any p a r t y whose appearance is recorded on the making of the a w a r d and upon notice to .the o ther pa r t i e s whose names are so recorded, and in the case of an agreement , by any p a r t y to the agreement and upon notice to the other pa r t i es thereto , make such var ia t ion o r amendment in the te rms of the award or agreement as will clearly express the var ia t ions or amendments of the award or agreement neces s a r y to br ing i t into conformity with or to give effect to the provisions of section sixty-three of th i s Act and this section, and make any neces s a r y consequential amendment as to the s ta r t ing or finishing time, overt ime or other m a t t e r as may be necessary.
Any such var ia t ion or amendment of the
a w a r d or agreement made by the r eg i s t r a r shall
be published in the Gazette.
The r e g i s t r a r may refer any such applicat ion
o r any m a t t e r a r i s ing out of any such applica t ion to the commission for direct ions. 63B. The provisions of section 27A of the F i r e Br igades Act, 1909, as amended by subsequent Acts , shall not be affected by any of the provi sions of section sixty-three or section 63A of this Act .
63c. A n y person making a contract or agree
ment express or implied, and whether verballyo r in wri t ing, which provides for the working of
hours
hours in excess of those prescr ibed by or u n d e r this Pa r t or who is guilty of a contravent ion of any of the provis ions of this P a r t shall be liable to a penal ty not exceeding fifty pounds ,
recoverable before an indus t r ia l magis t ra te . (d) by omit t ing sections sixty-four and sixty-five;
(e)
by omitting from section sixty-eight the words " o n the fifth day of J a n u a r y , one thousand nine hundred and th i r t y -one , " and by inser t ing in lieu thereof the words " immedia te ly before t he commencement of the Indus t r i a l Arb i t r a t ion
( F o r t y H o u r s Week) Amendment Act, 1 9 4 7 " ; (f)
by omit t ing from the m a t t e r re la t ing to P a r t V I in section two the words and symbols "Div i s ion 1—Folding Declaration—s. 6 3 " and by insert ing in lieu thereof the words and symbols
"Div i s ion 1—Standard Hours—ss. 68-63c."
(2) (a) The Indus t r i a l Arb i t ra t ion Act, 1940, as
amended by subsequent Acts, is amended by inser t ing next af ter p a r a g r a p h (e) of section sixty-three the fol
lowing new p a r a g r a p h : — ( e l ) The o rd ina ry working hours of the employees or any class of employees in any indus t ry may be reduced below the number of hours specified in this section by agreement or a w a r d made by consent.
The Crown may, where in the opinion of the
Minis ter the public in teres ts a re or would be
likely to be affected by any agreement re fe r red to in this p a r a g r a p h , apply to the commission at any time for an order suspending, va ry ing or rescinding such agreement , and the commission shall have jur isdict ion to make any such order if it thinks fit.
(b) This subsection shall commence upon the day upon which His Majes ty ' s Assent to this Act is signified.
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