Orders Declaring that the Conditions as to the Remuneration of Labour are Fair and Reasonable Regulations (Provisional) (Cth)

STATUTORY RULES.

1907. No. 27.

 

PROVISIONAL REGULATIONS UNDER THE EXCISE ACT 1901 AND THE EXCISE TARIFF 1906 (No. 16 of 1906).

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following regulations under the Excise Act 1901 and the Excise Tariff 1906 (No. 16 of 1906) should come into immediate operation, and make the regulations to come into operation forthwith as provisional regulations.

Dated the twenty-seventh day of March, 1907.

NORTHCOTE.

Governor-General.

By His Excellency’s command,

JOHN FORREST.

 

Regulations relating to Orders declaring that the Conditions as to the Remuneration of Labour are fair and reasonable.

1. Every manufacturer who intends to make application to the President of the Commonwealth Court of Conciliation and Arbitration for an Order, under paragraph (b) of section 2 of the Excise Tariff 1906, that the conditions as to remuneration of labour in his factory are fair and reasonable, shall post up in his factory, and keep so posted for at least a week before making the application, a notice in accordance with the Form A in the Schedule.

2. The application for the order may be in accordance with Form B in the Schedule.

3. The application, with an affidavit verifying it, should be lodged with the Industrial Registrar at the Principal Registry of the Commonwealth Court of Conciliation and Arbitration, at Melbourne, or to the Deputy Registrar of the Court in the State where the factory is situate.

4. (1) The affidavit should state—

(a)That the statements in the application are true and correct in every particular; and

(b) That a notice of intention to make the application was posted up in the factory, and kept so posted up for at least a week prior to the date of lodging the application; and

(c) That no complaints have been made by the employés in the factory that the rates of wages paid therein are not fair and reasonable, or, if any such complaints have been made, that they have been made and are attached to the affidavit as exhibits.

(2) The affidavit should in addition state all special circumstances the manufacturer thinks should be stated in order to show that the conditions in the factory as to remuneration of labour are fair and reasonable, and also any circumstances which he thinks show that any complaints received are not well founded.

5. All applications will be heard by the President in open Court and applicants must be present at the Court at the hearing or be represented by Counsel or by a solicitor or agent. The Registrar will give notice to applicants of the time and place appointed for the hearing.

 

THE SCHEDULE.

 

Form A.

Name of Factory

Notice of Intention to apply for an Order that the Conditions as to Remuneration of Labour in this Factory are fair and reasonable.

I/We hereby give notice that I/we intend, forthwith after the expiration of one week from the date hereof, to make application to the President of the Commonwealth Court of Conciliation and Arbitration for an order under paragraph (d) of section 2 of the Excise Tariff 1906 declaring that the conditions as to the remuneration of labour in this factory are fair and reasonable.

Dated the day of 190

 

Form b.

In the Commonwealth Court of Conciliation and Arbitration.

Application for an Order that the Conditions as to Remuneration of Labour are Fair and Reasonable.

To His Honour,

The President of the Court,

I, (1)

We,

of (2)

hereby make application for an order in terms of paragraph (d) of section 2 of the Excise Tariff 1906 (No. 16 of 1906) that the conditions as to the remuneration of labour in my/our factory (in which goods dutiable under the said Act are manufactured) are fair and reasonable.

1. My/Our factory is situate at  in the State of   and is called 

2.The goods dutiable under the said Act which are manufactured in my/our factory are (3)

3. The wages paid and the hours worked in my/our factory are as follows:—(4)

4. The wages paid and the hours worked are fair and reasonable and (5)

Dated the day of 190

(Signature of Applicants.)

  

(1) Name or names in full.

(2) Address and occupation.

(3) Here set out the descriptions of goods manufactured in the factory.

(4) Here set out the different classes of labour employed and the wages paid to each and the number of hours worked.

(5) Here set out any special reason to show that the wages and hours are reasonable, each as “are in accordance with the determination of the Wages Board” or “are in accordance with the rates ruling in the State in similar factories,”

N.B.—This application, and the affidavit verifying it, must be lodged with the Industrial Registrar of the Commonwealth Court of Conciliation and Arbitration at Melbourne, or with the Deputy Registrar of the Court in the State where the factory is situate.

The affidavit should state—

(a) that the statements in the application are true and correct in every particular; and

(b) that a notice of intention to make the application was posted up in the factory and kept so posted up for at least a week prior to the date of lodging the application; and.

(c) that no complaints have been made by the employés in the factory that the rates of wages paid therein are not fair and reasonable, or if any such complaints have been made that they have been made and are attached to the affidavit as exhibits:

and should in addition state all special circumstances the manufacturer thinks should be stated in order to show that the conditions in the factory as to remuneration of labour are fair and reasonable, and also any circumstances which he thinks show that any complaints received are not well founded.

 

By Authority: J. Kemp, Acting Government Printer, Melbourne.