The Factories Act Amendment Act 1910 (SA)

'GEORGII V REGIS.

A.D. 1910.

No. 1020.

An Act to further amend " The Factories Act, 1907."

[Assented to, December 7th, rgro.]

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

1. This Act may be cited alone as " The Factories Act Amend- short title.

ment Act, 191 "; and The Factories Act, 1907 " (hereinafter 945 1907.

called the principal Act "1, " The Factories Act Amendment Act, 961 of igoa.

1908," and this Act, may be cited together as " The Factories Acts,

1907 to 1910."

2, This Act is incorporated with the Acts mentioned in section 1, Incowration with other Acts.

occupier; and v9 Any

and those Acts and this Act shall be read together as one Act.

Amendments of Principal Act.

3, Section 4 of the principal Act is amended by striking out of

subsection (5) thereof.

of a s of

4, (1) The definition of the term " factory " in section 6 of the principal Act.

principal Act is amended so that the said term shall include, in

addition to what is mentioned in the said section- Meaning of

. c c factory."

(a ) Any clay-pit or quarry within which, or the pre- Vie. Factories A&,

cincts whereof, the occupier employs any person	197& 19051 a* 6.
at manual labour which is exercised by way of trade or for purposes of gain, such clay-pit or quarry being worked or used in connection with any pottery or brickyard occupied by such

I " GEORGII V, No. 1020.

The Factories Act Amendment Act.-1910.

Vic. Faotoriee Act

(Amending), ?24 1, ( 6 ) Any premises or place, other than the premises of the

1909, S. 2. Municipal Tramways Trust, where electricity is generated for the supply of heat, light, or power, or any or all of them, or where coal gas is made, and within which premises or place, or the precincts whereof, the occupier employs any person a t manual labour which is exercised by way of trade or for purposes of gain:

(2) The term Factory " in this Act and the principal Act does

not include any medical dispensary or dentist's 01: chemist's

laboratory.

Amendment of E. 6.

Meaning of 5. The definition of the term apprentice " in section 6 of the

apprentice."	principal Act is repealed, and from the passing of this Act the term
" apprentice " in the principal Act and in this Act, shall mean

h'ew. and include-

(1) A person under twenty-one years of age who is bound by

indentures of apprenticeship entered into prior to the

passing of the principal Act, which indentures-

(a) Bind the employer to instruct such person for the full period of the apprenticeship in the particular process, trade, business, occupation, or calling carried on by such employer, or in any part or parts thereof; and

( b ) Are entered into for a period-

I. Of not less than three years; or

11. Which, with the addition of such time as such

person had, before becoming bound by the said indentures, worked at t.he said process,

trade, business, occupation, or calling, or the

said part or parts thereof, makes a period of

not less than three years; or

m. Which begins before spch person is twenty years

of age and continues until he is twenty-one

years of age; and

(2 ) A person under the age of twenty-one years who is bound

by indentures of apprenticeship, entered into after the

passing of the principal Act, which indentures-

(a) Bind the employer to instruct such person for the full period of the apprenticeship in the particular process, trade, business, occupation, or calling carried on by such employer, and

( b ) Are in the form prescribed by the Board pursuant to subdivision vr. of section 93 of the principal Act, or the form (if any) prescribed by the Governor under section 43 of this Act, whichever (if either) was or is in force when the indentures were or are entered into; and (c) Are

I" GEORGII V, No. 1020.

The Factories Act Amendmerat Ad.-1910. --

(c) Are entered into for a period, which, if a term is pre-

scribed by the Board pursuant to subdivision vr. of

the said section 93-

I. Is not less than the term so prescribed; or

r r. With the addition of such time as such person

had, before becoming bound by the said indentures, worked at the said process, trade, business, occupation or calling, makes a period not less than the term so prescribed; or

111. Begins before such person is twenty years of age

and continues until he is twenty-one years

of age;

or which, if no term is so prescribed-

I. Is not less than three years; or

Ir. With the addition of such time as such person had, before becoming bound by the said indentures, worked a t the said process, trade, business, occupation or calling, makes a

period of not less than three years; or

r r r. Begins before such person is twenty years of age

and continues until he is twenty-one years

of age; and

(3) A person who is bound by indentures of apprenticeship approved under section 97, subsection (1) of the principal Act, by the Chairman, or by the Minister

if at the time of obtaining the approval there is no

Chairman; - and

(4) A person who before the passing of this Act has become bound pursuant to section 97, subsection (2) of the principal Act by indentures of apprenticeship in the form prescribed by the Board pursuant to section 93, subsection VI., of the said Act; and

(5) A person under the age of twenty-one years who has com-

pleted his apprenticeship, such apprenticeship having

been for a term of not less than three years,

6, The definition of the term "improver' in section 6 of the Amendmentofa. B.

principal Act is amended- Meaning of

improver."

I. By inserting after the word who " in the second line thereof New.

the words works as an improver and "; and

11. By striking out subdivision (6) thereof.

7. Section

4 I" GEORGII V, No. 1020.

The Pactories Act Amendment Act.-1910.

ktim Is 7. Section 19 of the principal Act is amended as follows .-

Records cmd notices

by oocupiera	I.	In subdivision (b ), after the word "forward" in the second line, the words " such record " are inserted, and the words "a true copy thereof," in the third line, are struck out;
New.

11. I n subdivision (c ), after the word place " in the second

line, the words " in the factory " are inserted; and

m. I n subdivision (.f), the words '' a copy of " are struck out.

20amended.

Reoord of outside 8, Section 20, subsection (9), of the principal Act is amended

work.	by striking out the words	or a true copy thereof."
New.
Bection22amended.

f';avtdmenta to the words " Q. Section 22 of the principal Act is amended by striking out

indentures of apprenticeship " in subdivision (g) thereof.

O h e t accommo- 10,

If any factory is not provided with proper closet accommo- fraction of twenty persons of the male sex, and one closet at least, separate from the closets for the male sex, for every twenty or fraction of twenty persons of the female sex employed therein, or if the approaches to the closets provided for one sex are not properly separated from the approaches to the closets provided for the other sex, such factory shall, for the purposes of section 32 of the principal Act, be deemed to be defective by reason of being insuffi- ciently provided wit h privies.

dation.

Vict. Regulation 12	dation in the proportion of one closet at least for every twenty or
of 19/2/1806.
Section 41 amended.

Application of bake- 11. Section 41 of the principal Act is amended by striking out

houm provisions	the word " and " at the end of	the second line thereof and the whole
extended.	of the third line.
Section43 amended.

by fan. 12, Section 43, subsection (l), of the principal Act is amended

New.	by striking out the words " by the workers inhaled to an inj urious	extent" in subdivision (a), and substituting therefor the words	'' such dust is inhaled, or l&ble to be inhaled, by the workers."
swtion 4Bamwded.

Fencing of dangerous	13, Section 46, subsection (g), of the principal Act is amended-
machinery.

New. I. By striking out the words "and in particular " in sub-

division (a ) thereof; and

c f. Vict. A C ~ 1976,

1905, S. 68. 11. By striking out the word " directly" in the second line of

subdivision ( b ) thereof.

seation 47 mnended.	14, Section 47, subsection (l),	of the principal Act is amended
Notice to fence

machinery.	by striking out subdivision (a ) thereof.
Bedion 49 amenaed.

Elevators. 15. Section 49 of the principal Act is amended by substituting

the word eighteen " f w the word " sixteen " in the second line

Cf. Lift8 Acl, 1908,	thereof,
89 7.

16. Section

I" GEORGII V, No. 1020.

16. Section 65, subsection (Q), of the principal Act is amended-- $:g$,"r","i?.

S, women, children, and

I. By inserting subdivision (a ) of " before subsection (1) pmons.

in the second line thereof; and New.

11. By striking out the words "each day on which he avails himself of the provisions of this section " in paragraph (c), subdivision III., and substituting therefor the words

" such extra working."

] 7. (1) No employer engaged in any process, trade, business, Emplo~is not to be

occupation, or calling, or group or part, in respect whereof a Board boardcm of employer

rBka fired ,,,

has been appointed, shall, nor shall the wife or son or daughter of Board.

Principal Act, s. 71

any such employer- altered.

( a ) Directly or indirectly, for any consideration, keep or receive

as a boarder or lodger any person who is in the employ of

such employer and whose wages are fixed by a Board; or

(6) Have any share or interest in the keeping of a lodging-house

in which any such person boards or lodges.

(2) This section shall not apply when the place where the person boards or lodges is a hotel, club, lodging-house, private dwelling- house, coffee-house, fish or oyster shop, restaurant, or chemist's shop, nor to any employment where it is customary to provide board and lodging for employ&.

(3) Section 71 of the principal Act is repealed.	Consequent repeal of
section 7 t.

Penalty, Ten Pounds.

18. Section 81 of the principal Act is amended as follows :- Election 8 1 amended.

I. I n subdivision ( b ), after the word forward " in the second Records and notices by employers.

line, the words such record " are inserted, and the words

" a true copy thereof," in the third line, are :truck out: New.

11. In subdivision (c), after the word place " m the second

line, the words	in the premises where he is so engaged,"
are inserted:

m. In subdivision ( f j the words a copy of" are struck out.

19, Section 82 of '' The Factories Act, 1907," is hereby Amendment of WC. 82

amended by inserting the words within three years previous to of the principal A C ~

being so appointed," after the word " been " in subsection 3, and

also after the word been " in subsection 4.

20. (1) Section 93 of the principal Act is amended by inserting Section 93 tmended. a

after the word " shall," in the first line of subdivision III., the words F;:-*t ion

subject to section 65."

(2) The said section 93 is further amended by the addition thereto

ef the following subdivision :-

vm. Shall determine wages prices or rates higher than those :=; :L: ;

determined for the maximum number of hours fixed under mpb, ,.nd

subdivision

I' GEORGII V, No. 1020.

The Factories Act Amendment Act.-1 910.

Cf. ibid., 8. 93 )v. subdivision m. which shall be paid to children, young

a d s. 66 (2) (a) 111. persons, and wo.men respectively, in respect of time above such inaximum worked in any week elsewhere than in a factory occupied by the employer:

Section 96 mended- 21. Section 95 of the principal Act is amended-

Principles upon which

determinations to be I. By striking out the first ten lines thereof and substituting

made. therefor the following :-

95. (l) The Board, for the purpose of determining

the lowest prices or rates of payment which may be paid, shall take such evidence as it deems sufficient, including evidence of any determination of a similar Board in the State of Victoria, and shall take into consideration-

and-

rr. By adding the following subsection :-

(2) The Board shall ascertain what prices or rates are fair and reasonable as the lowest prices or rates to be paid, taking into consideration the evidenc6 and the matters and things mentioned in subsection

(1) hereof, and shall make their determination aecor-

dingly.

Gection 96 repealed. 22, Section 96 of the principal Act is repealed, and in lieu

thereof it is enacted as follo~vs :-

Court to perform

functions of Board in 96. (1) A Board may report to the Court of Industrial

case of inability or

Appeals that it is unable to decide as to the exercise and

failure of Board, or if

Board not appointed.

discharge of its powers and duties under section 93, or any

of such powers and duties specified in its report.

(2) If a Board fails to exercise and discharge its powers and duties under section 93, or any of such powers and duties, within six months from the publication in the Gazette

of the appointment of the Chairman of such Board, the Minister may report such failure to the Court of Industrial Appeals.

(3) When the Ministel. has published in the Gazette a notice under subsection (l) of section 84, and, through the inability of the Minister to obtain the required number of persons who are qualifiedanci willing to be appointed and to act as members of the Board to be appointed or through any other cause whatsoevcr, the Board is not fully appointed within three months after such publication of the said notice, the Minister may report to the Court of Industrial Appeals that the Board cannot be appointed.

(4) Upon receiving a report from a Board or the Minister

as aforesaid, the Court, according to the nature of the case,

may exercise and shall discharge the powers and duties of

the

I" GEORGII V, No. 1020. - -. - --p --

-

The Factories Act Amendment Act.-1 91 0.

the Board which have not been exercised and discharged by the Board, or the powers and duties which the Board might have exercised and discharged if it had been appointed.

(5) The Court shall embody its decision in a report.

( 6 ) The decision of the Court-

(a) Shall be forwarded to the Minister;

( h ) Shall be forthwith published by the Minister in the

Gazette ;

(c)

Shall come into force on the fourteenth day after such

publication, or on a later date (if any) fixed by

the Court, of which date notice is given in the

Gazette at the time of such publication; and

( d ) Shall thereafter be deemed to be and shall have the same force and effect and application as if, according to the nature of the case, it were the determination or a determination or other act of the Board mentioned in subsection (l) or sob- section (2) hereof, or.of the Board which was to have been appointed.

23. Section 97 of the principal Act is amended by- Section 97 amended. Special provieions as

I. Inserting after the word " Chairman " in the sixth line toappmnticee.

thereof the words or by the Minister if at the time of

obtaining the approval there is no Chairman ";

11. Inserting after the word Chairman " in the seventh line

thereof the words "or the Minister, as the case may

be "; and

III. Repealing subsection (2) thereof.

24. In Division VII. of Part VIII. of the principal Act the Diviaionv~r.,Part VIII. amended.

following amendments are made :-

Proviaone as to aged,

slow, and in5rm

I. In the headline, after the word " slow," the word inex- workersextended to

perienced " is inserted;	inexperienced
workem.

11. In section 103, subsections (l) and (6), after the word " slow" New.

the word " inexperienced " is inserted;

III. In section 103, subsection (2), after the word bcslowness "

the word inexperience " is inserted;

IV. I n section 104, after the word slow " the words or inex-

perienced " are inserted.

25. (1) Subsection (1) of section 105 of the principal Act is Section lobamendd. Determination to

amended by substituting for subdivision ( c ) thereof: the following fame until

subdivision :- suspended or altered.

( c ) Come into force on the fourteenth day after such ,107 (11. Cf., principal Act

publication, or on a later date (if any) fixed by the Board,

of

I" GEORGII V, No. 1020.

The Factories Act A m d m t Act.-1910.

of which date notice is given in the Gazette at the time of

such publication.

(2) Subsection (2) of the said section 105 is amended-

X. By striking out the word " and" at the end of the sixth line and the whole of the seventh .and eighth lines thereof;

11. By substituting for subdivision ( b ) thereof the following

subdivision :-

( b ) Remain in force until suspended under section

107, or altered pursuant to an order of the Court of

Industrial Appeals;

and

111. By striking out subdivision (c) thereof and inserting the

following subdivision :-

(c) When a subsequent Board is appointed the determination of the previous Board shall remain in force until the coming into force of the determination of such subsequent Board.

Bevocation of

extensions of	26. Any Order heretofore published or made under subsection revoked.
determinatiom.	(2j, subdivision (a) i r. of section 105 of the principal Act is hereby

Section 108 amended. 27. Section 106 of the principal Act is amended by striking out

Child of employ er not the word " child " and substituting therefor the words " son or

affected by determi-

nation. daughter."

%&on 107 amended. 28. Section 107 of the principal Act is amended-

Amendment of

determination. I. By striking out subdivision ( b ) of subsection 3 thereof; and

11. By inserting at the end of subsection (3) thereof the following :-

and

Cf., supra, 8. 26 (l), (d) Shall come into force on the fourteenth day after the

(4

publication by the Minister in the Gazette of a

notice indicating the alterations.

Bection 108 amended. 29. Section 108 of the piincipal Act is amended by inserting the

Documents to be words or any indenture of apprenticeship " after the word

produced to inspector.	exhibited " in subdivision (d) thereof,
Section l 1 3 amended.	30. Section 1 13 of the principal Act is amended by inserting

Failure to produce the words " indenture of apprenticeship " before the word " book "

documents. in subdivision (d) thereof.

8eation 125 amended.	31. Section 125, subsection ( l ), subdivision (c) of	the principal
Indwtrial Appeals.

Functiom of Court of Act is amended so as to read as follows :-

(c) Exercising the functions conferred upon it by section 96.

32, Subsection

I" GEORGII V, No. 1020. ' 9

The Factories Act Arnelzdment Act.-1910. -

amended by striking out the words " and referred to in subdivision 32. Subsection (2) of section 128 of the principal Act is o,"&A2[,"$.naedd

I r. of section 105 " 'in the third line thereof.

33. Section 136 of the principal Act is amended by striking section l36 amended. Determination by

out " subsection I 11." in subdivision (a) thereof.

Court of Appeals,

Cf., sropra, s. 21, K.

34. Section 139 of the principal Act is amended by striking section 139 =eltaed.

out subsection (2) thereof. ddrirultion.

35. Section 110 of the principal Act is amended by adding Section 14oamended. Altered determina-

thereto the following subsections :- tion.

(2) The Minister shall publish in the Gazette a notice indicating

the alterations.

(3) The determination as altered shall come into force on the c f. , aupra, S. 26 (1) (C), and 27 11. (a).

f0urteent.h day a,fter such publication.

36. Section 164 of the principal Act is amended by inserting section l64 amended. Sums recoverable

after the word Act" in the first line thereof the following:-- underthedotmay

" and, notwithstanding anything in this	Act, all amounts recover- recovered s u m m ~ b.
able under or by virtue of this Act."

37.	The Third Schedule to the principal Act is amended-	bird Schedule
amended-

I. By inserting under the words " THIRD SCHEDULE " the Registr'tiOn '"'

words " REGISTRATION FEES ";

11. Hy inserting after the word used " in the eighth line thereof

the following:-", such power not being under one-

half horsepower nominal,"; and

I i I. By adding the following at the end thereof :--" For the

purposes of this Schedule, in computing the number of persons employed in a factory, no son or daughter of the occupier thereof shall be counted."

Misceblaneous.-Additional Provisions.

38. (1) The notice required by section 19, subdivision (c), of Notiee~8fflredin

the principal Act, shall state the times for starting work and ordinuyaorkiog factories, &o., to state

for ceasing work for the day, and the times for commencing and times. for endingany interval for meals; and in any case where theusarne New. times do not apply to all the employ& the notice shall be prepared

accordingly.

(2) Any time during which an employ6 works before the time for Other times to be

starting work, or after the time for ceasing work, or during the ''	overtime."	.
interval for meals, which applies to him, as such time is stated in the notice referred to in subsection ( l ) of this section, shall be re- garded as extra working time for the purposes of section 65 of the principal Act, and shall be paid for accordingly.

10 1 " GEORGII V, No. 1020.

Glear spaces in

vicinity of machinery. 39, Every occupier of a factory shall cause such spwe to be

New. kept clear in the vicinity of any engine, machine, or machinery therein as is sufficient to enable any person to work, attend to, and clean the same without risk or injury to himself or any other person. Penalty-Twenty Pounds.

40. Every employer, in any process, trade, business, occupation

sy~gf o'$iyg

time worked.	or calling, or group or part, for which a Board has made a
cf. principal Act,
S. 66.	determination under section 93 of the principal Act, who during any week employs any persons beyond the maximum number of hours fixed as regards such persons respectively under subdivision r r r. of the said section, or before the starting times or after the finishing times (if any) fixed as regards such persons under subdivision IX. of the said section, shall, not later than Tuesday i n the next following week, give to the Chief Inspector a notice in writing stating --

(a) The names of all persons so employed in the first mentioned

week;

( b ) The days in that week on which such persons were respectively

so employed; and

(c) The length of time during which such persons were respec-

tively so employed on such days respectively.

Penalty-For the first offence, Five Pounds; and for any subse-

quent offence, Twenty Pounds.

Apprenticeship to

determine not later 41. (1) Notwithstanding anything contained in the principal

t h	age of twenty-	AC	t or this Act-
ono.
New.	I. No person shall, after the passing of this Act, he capable of entering into indentures of apprenticeship or becoming apprenticed after he attains the age of twenty years; and
11. When any person who becomes apprenticed after the passing

of this Act, except pnrsuant to section 97, subsection (l),

his indentures of apprenticeship shall no longer bind the of the principal Act, attains the age of twenty-one years

parties thereto, except as regards anything theretofore done

or omitted.

(2) This section shall only apply in respect to persons apprenticed

to a process, trade, business, occupation, or calling, or part thereof,

for which a Board is appointed.

Additional r uire- 42. (1) Every indenture of apprenticeship entered into after the

of apenticeahip	ment8utoi3enture8 passing of this Act shall be in duplicate, and the employer shall,
New. upon the signing of the indenture, deliver one part thereof to the

apprentice.

(2) Every indenture of apprenticeship entered into after the passing of this Act shall contain a covenant that the employer will instruct the person thereby apprenticed in the particular process, trade, business, occupation, or calling carried on by the employer.

(3) The

1" GEORGIf V, No. 1020.

The Pactorks Act AmenrEment Act.-1910.

(3) The requirements of this sectioil are in addition to the require-

ments of sections 93 and 97 of the principal Act m d to the require-

ments of section 41 of this Act.

(4) This section shall only apply in respect of persons apprenticed to a process, trade, business, occupation, or calling, or part thereof, for which a Board is appointed. '

Penalt y-Ten Pounds.

43. (1) The Governor may, by an order published in the Gazetle, Generalformofinden-

prescribe a form of indenture of apprenticeship which shall be so may be pm,,ribedd., turesof spprenticesbip

framed as to be adaptable to any process, trade, business, occupation, NIW.

calling, or part or parts of any of them.

(2) After the expiration of one month from the publication of

such order no employer shall take an apprentice to any process, trade, business, occupation, or calling, or part or parts thereof for which a Board is appointed, except under indentures in the form prescribed by such order; and indentures contravening the pro- visions of this section shall be void.

(3) Any notice under section 93 of the principal Act prescribing a form of indenture shall, after the expiration of the said month,

have no effect as to any indentures thereafter entered into.

(4) Notwithstanding anything in this section a Board may, by a notice made and published under the said section 93, prescribe how any blank spaces in the form prescribed under this section are to be filled up, and in that. case an indenture shall be deemed not to be in the form prescribed by the Governor under this section unless the blank spaces are so filled up.

Penalty-Twenty Pounds.

44. If a subsequent Board adopts, as its determination, a Publimtionof determination of a

determination of the previous Board, with or without alterations, aub8qequent	Bard.
the requirements of subsection (1) of section 105 of the rjrincipal	Act a s to publication shall be dekmed to be complied i i t h u s n
publication by the Minister in the Gazette of a notice indicating that the Board has adopted the determination of the previous Board, or what alterations have been made, as the case may be.

45. (1) No employer shall dismiss from his employment any Employ6nottob dirrmiesed because

employ6 in consequence of- a member of a Board nor for proceedingr '

I. Such employ6 becoming or acting in the capacity of a member under the Act.

of any Board: NOW:

I

r r. Anything done by such employ4 as or in the capacity of a

member of a Board:

111. Anything arising out of or consequent upon such employ6

being or acting in the capacity of a member of a Board:

IV. Such

I" GEORGII V, No. 1020.

The Factories Act Amendment Act.-191%

W. Such employd becoming a party to, or being summoned or called as a witness in, any proceedings under the principal Act or this Act: or

v. Any evidence given or anything said or done or omitted to be said or done by an employ6 as a party to, or as a witness in, any such proceedings.

(2) I n any proceedings for an offence against this section, if i t is

proved that an employ6 was dismissed from any employment under the defendant within two months after any of the acts or matters mentioned in subsection (l) hereof, the burden of proving that such dismissal was not in consequence of such act or matter shall be upon the defendant.

(3) Proceedings for an offence against. this section may be com- menced and prosecuted eithcr by the employd alleged to have been dismissed or by an inspector; and in either case: if the defendant is convicted, the dismissal shall be deemed to be a wrongful dismissal, and the Special Magistrate or Justices may, in addition to any penalty for the offence, award such sum as he or they deem proper by way of damages m d costs, which sum may be recovered by the employ& or by the inspector on his behalf, in the same way as a pellalty imposed for ail offence against the principal Act.

Penalty-Twenty Pounds.

Bumsmoverablein 4.6. (l) Whenever in the principal Act or this Act i t is pro-

Oourt may be ,,ummaily. vided that anything may be recovered in a " court of competent jurisdiction" the same may be recovered by action in such a court, or may be recovered by complaint to be heard and determined in a summary way before any Special Magistrate or any two Justices of the Peace under the Ordinance No. 6 of 1850, or any Act for the time being in force relating to the duties of Justices of the Peace as to summary proceedings.

(2) Such Magistrate or Justices may make any order as to the

costs of and incidental to the complaint which he or they think

proper.

(3) All orders made by such Magistrate or Justices on the hearing of the complaint may be enforced as provided by section l66 of the piincipal Act, or by the said Ordinance or an); other Act relating to the duties of Justices of the Peace as to summary proceedings.

Penon mvioted m q

be ordered to pay 47, (1) 'l'he Special Magistrate or Justices by whom any person

arrears of wages, &U.	is convicted of any offence against this or the principal Act or any
Vic. Act 2241, 1909,	regula tio h thereunder may, in addition to imposing a fine or penalty
8. 12.	or ot.her punishment for such offence, order that the offender shall pay to any person in respect of whom such offence was committed, and who is or has been in the employment of such offender, any sum which, to the satisfaction of the Magistrate or Justices, is shown to be due from the said offender to the said person for wages, salary, payment for overtime, or tea money, or otherwise in connection with such employment. (2) Any

I" GEORGII V, No. 1020.

The Factories Act Amendment Act.--1910.

--

(2) Any sum ordered to be paid under this section may be recovered by the said person, or by an inspector on his behalf, in the same manner as a penalty imposed under the principal Act for an offence against that Act; and if any fine or penalty is imposed for the offence mentioned in subsection ( l ) hereof, such sum shall, for the purposes of recovering the same, be treated as part of such fine or penalty.

(3) Section 166 of the principal Act shall apply in respect of any sum ordered to be paid under this section, as if such sum were a pecuniarv penalty nnder the principal Act.

48. (1) A majority consisting of at least three-fifths of the Avwment between majority of employers '

employers. and a majority consisting of at least three-fifths of the ..d empoye. may be

employ& in any trade, in any locality defined in the agreement ;;~;o~~P,";~all

hereinafter mentioned, may enter into an agreement with respect to employes.

all or any of the matters which would be within the jurisdiction of a wages board if appointed for the said trade, and may transmit such agreement to the Minister.

(2) Upon receipt of the agreement the Minister shall refer the same to the Chief Inspector, who shall thereupon ascertain whether or not it has been signed by a majority of the employers and of the employ& respectively as above provided in the said trade in the said locality, and shao report thereon to the Minister.

(3) If the Chief Inspector reports in the affirmative on the question so referred to him, the Minister shall thereupon transmit the agree- ment to the Court of Industrial Appeals.

(4) The Court shall hear any person to be affected by the proposed agreement, either in support of or in opposition to such agreement,

and consider whether or not the agreement-

(a) Is consistent with the provisions of the principal Act and

this Act;

( b ) May lawfully be observed and enforced; and

(c) Should be confirmed;

and shall report its decision on those questions to the Minister.

(5) If the decision of the Court is in the affirmative on both the questions mentioned in subsection (4) hereof, the agreement-

( a ) Shall forthwith be published by the Minister in the Gazette ;

( b ) Shall come into force on the fourteenth day after such publica-

tion, or on a later date (if any) fixed by the Court, of which date notice is given in the Gazette at the time of such publication; and

( c ) Shall thereafter be deemed to be and shall have the same force and effect, as regards all employers and employhs in the said trade in the said loctality, as if it were the determina- tion or other act of a wages board; and

C-1020 ( d ) Shall

I" GEORGII V, No. 1020.

The Factories Ad Amendment Ad.-1910.

(d) Shall remain in force until altered by a later agreement between employers and employ& in the said trade, and in the said locality, published under this section, or by a determination or other act of a wages board appointed for the said trade, and having jurisdiction to make a deters

mjnatio~ to apply in the said locality.

(6) The provisions of this section shall apply to any trade except

a trade for which a wages board is by the principal Act or this Act

required to be appointed or as to which a resolution of both Houses of Parliament has, befbre or after the passing of this Act, been passed approving of the appointment of a Hoard.

(7) In this section the word " trade " includes any process, trade,

business, occnpatjon, or calling.

copy of determina- 49, A copy of every determination or order of whatsoever

tions, &C., to be for

wardedto Chief	character made or to be made by any Hoard or Chairman, and all
Inspector.	correspondence connected with the making of any such determination or order shall forthwith be forwarded to and filed in the office of the Chief Inspector, and be open to inspection by any person inte- rested in or affected by any such determination or order.

IVages Boards fb,. Localities Outside the Metropolitan Awa.

Appointment of 50. (1) A resolution may be passed by both Houses of Par- process, trade, business, occupation, or calling, or for any specified part or parts thereof, or for any group of processes, trades, businesses, occupations, or callings, within any locality or area outside the metropolitan area, specified in such resolution.

metropolitan area. Boa'dsou~ide liament approving of the appointment of a Wages Board for any

(2) Thereupon such Board shall be appointed, and Parts VIII.,

IX., and X. of the principal Act (except sections 153 to 156, inclusive), as amended by this Act or any other Act, the provisions of this Act from and including section 40 to the end hereof (except section 48),	and all other provisions of the principal Act and any Act amending	that Act which may be necessary for giving effect to the said
resolution, or to give effect to or enforce any determination or other Act of the said Board, shall apply to the said locality or area.
(3) Any determination of the said Board shall, subject to anv- thing therein expressed, apply to all employers and employ& w6o are engaged in the particular process, trade, business, occupation, or calling, or part or group within the said locality or area.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUET, Governor.

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Adelaide : By authority, R. E. E. ROQBRB, Government Printer, North Terrace.