The Factories Further Amendment Act 1904 (SA)

ANNO QUARTO

EDWARDI V11 REGIS.

A.D. 1904.

An Act to further amend " The Factories Act, 1894."

[Assented to, November 24gtCt, 1904.1

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 as " The Factories Further Amendment short title and in-

Act, 1904," and, except so far as inconsistent therewith, shall be read

c O ~ m t i O a

and incorporated with " The Factories Act, 1894," and the Acts

amending the same.

2, The Governor may, by Proclamation' in the Govm~ment of^^&^

Gazette, direct the election of one or more Boards to determine the cefinplw.

lowest price or rate which may be paid to any woman, young person,

child, or which may be paid to any boy between the age of sixteen

and twenty-one years, for wholly or partly preparing or manu-

facturing, either inside or outside a factory, any particular articles

connected with the manufacture of clothing, including white work.

The members of the Board under this section, to be elected by the employ6s, shall be either men or women of the age of twenty-one years or upwards employed in the manufacture of clothing, including white work; and, as regards the members of the Board elected by employbs, it shall not be neceseary that such members of the Board shall be registered employ&, as provided by section 13 of 'The L Factories Smendment Act, 1900. " l

.

3, The election of such Board or Boards shall be conducted in ~osrcllltobeeleotea

manner provided by the regulations i n the Schedule hereto. under regulationn.

872 4. In

2 4" EDWARDI VII, No. 872.

The Factories firther Amendm~nt A c t. 1 9 0 4.

Prihoiples poverning	4.	I n the making of	any determination as to any prices or rates,
determinataona of

Boards.

every Board shall have regard to the undermentioned principles,

namely :-

( a ) The Board shall ascertain as a question of fact the average prices or rates of payment (whether piecework prices or rates or wages prices or rates) paid bp reputable employers to employ& of average capacity:	.
( b ) The lowest prices or rates as fixed by any determination shall

in no case exceed the average prices or rates as so ascer-

tained:

(c) Where it appears to be just and expedient, special wages,

prices, or rates may be fixed for aged, infirm, or slow

workers.

hd" 5. Every Board created under this Act, and all determinations of such Boards, shall cease on the thirty-first day of December, one thousand nine hundred and six, unless the continuance of any such Board shall be previously sanctioned by a resolution carried by both Houses of Parliament.

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

this Bill.

GEORGE R. LE HUN'L'E, Governor.

SCHEDULE.

EDWARDI VII, No.

The Factories firther Amendment Act -1 904.

SCHEDULE.

1. The record of the names, work, and wages required to be kept under section 10

of " The Factories Amendment Act, 1900," shall be in the form and give the par-

ticulars required in Schedule I. hereto.

2. Every occupier of a factory for whom work is done elsewhere than in such factory shall, in manner provided in sub-section 1 of section 11 of " The Factories Amendment Act, 1900," keep a record of the description and quantity of such work, and of the names and addresses of the persons by whom the same b done, and the prices paid in each instance for such work, in the form and giving the particdare required in Schedule 11. hereto.

3. Every employer shall, when required by notice in writing from the Chief In-

spector, forward to him the record in the form mentioned in regulation No. 2.

4. All employCs not under the age of 18 years shall, subject to theee regulations, be entitled to be placed on the list of voters, and to vote as hereinafter provided.

5. The Chief Inspector shall prepare lists of voters for the purposes of the election of members of boards, and such lists shall be in the Porms of Schedule 111. hereto; and, subject to regulation 16, there shall be ~eparate lists for each manufacture, process, trrtde, or business in respect of which a board is directed to be elected. Every person whose name appears on such list as employer or employ6 shall be deemed to be a registered employer or registered employ6 for the purpose of section 13 of the Factories Amendment Act, 1900.

6. For the purpose of the preparation of such lists every employer of persona em- ployed in a factory shall, in addition to any other record, return, form, or other list required to be furnished by these regulations, forward to the Chief Inspector, within one calendar month after demand shall have been made by the Inspector, and a180 during the first week of the month of December in each year, a return of all persons who shall have been b o n d j d e employed by him on the date of the making of such list in such factory, and who shall have been so employed by him for a t least L4 days during the month next preceding the date of the making of such list, and such return ehall be in the form and give the particulars required in Schedule IV. hereto.

7. The employers' lists of voters shall be prepared from the returns,. records, and lists forwarded to the Chief Inspector in pursuance of these regulations, and shall be adjusted each year according to such returns, records, and liets.

8. An employer shall not be registered on the list of voters for the election of members of any board, except in respect of a registered factory or workroom in which	an article is prepared or manufactured, or in which there ie carried on the manufac-	ture, process, trade, or busineas in respect of which the loweet prices or rates are to
be determined by such board; and no such emplorer shall be entitled to vote at an election of members of such board until he shall have complied with theee regulations.
9. The number of votes to which an employer duly registered on the voters' roll for the election of members of every board shall be entitled shall be determined ru,
follows :-Where such employer @hall employ 10, or a lesser number of employh,
one vote; where such employer shall employ any number of employbe being more I
than 10, then one vote for each 10 employ6s: and where in such last-mentioned case, after dividing the number of employ& by 10, any number remains, one vote for the number so remaining; but only one person shall be entitled to vote in respect of any one registered factory or workroom, and only employ68 employed in such registered fwtory or workroom in the manufacture, process, trade, or business in respect of which s board is to be elected, and who are duly regietered on the electors' roll, shall be counted in determining the number of votes such emplojer ie entitled to.
10. Each employ6 duly registered on the list of electom for the election of members of any board ehall have one vote only for the trade to which he belonge.
11. The employ6s' list of votere shall be prepared from the lieta of employbs for- warded to the Chief Inspector by employers in accordance with theee regulatione, and

No.

The .Factories firther Amendment Act.- 2 904.

and from any records as to employks required to be made or kept under the Factories Acte, and from any applications received from employ& under regulation 13. Such last-mentioned list shall be adjusted annually.

12. Every employ6 whose name is not entered upon any list, and who produces

satisfactory evidence to the Chief Inspector that he is entitled to vote under these

regulations, shall be placed on the list of voters as an elector.

13. The application of any employ6 to be placed on the list of voters shall be in form of Schedule V. hereto.

14. If the Chief Inspector fail, neglect, or refuse to enter any person's name on the lists of voters, such person may appeal to the Minister, who may direct the Chief Inspector to enter such person's name as an elector on the list. The Inspector may, subject to any appeal to and direction by the Minister, remove the name of any person from the said iist.

15. No person nhall be entitled to be enrolled both as a voter of representatives of employers and as a voter of representatives of employks.

16. The names of employh working outside a factory or workroom shall be

entered on a list of voters separate from that on which the names of the employCs

working in a factory or workroom are entered.

17. If the number of voters for any board working outside a factory or workroom is greater than one-fifth of the whole number of voters who are employ&, then the electors working outside a factory or workroom shall be entitled to nominate candi- dates, and to vote for and elect, as hereinafter provided, one member of such board, but shall not be entitled to noqinate or vote for any person aa representative of per- sons working inside a factory or workroom; and employks working in a registered factory or workroom shall not be entitled to vote for any person nominated for election as a special representative of persons working outside a registered factory or work- room.

18. If the number-of voters working outside a factory or workroom is not greater than one-fifth of the whole number of voters who are employks, then the electors working outside a factory or workroom shall be entitled to vote for the full number of persons to be elected as representatives of employks on such boards, but shall not be entitled to elect special representatives for outworkers only.

19. When the Governor in Council directe that a board or boards be appointed, such order shall state the number of members of which such board or boards shall consist, and shall specify the particular articles, or the manufacture, process, trade, or business to be dealt with by such board; and the Governor may, in the same or a subsequent order, appoint a day on or before which nominations of candidates for election on such board shall be received by the returning officer, and a day for the election of candidates, which day for the election of candidates shall be a Saturday, and such election shall take place within 21 days from the day appointed for receiv- ing nominations.

20. Of euch members one-half shall be elected by and consist of registered employers, and one-half by and consist of registered emplog8s: Provided that, in

the case contemplated by regulation 17, one of such members to be elected by employ6s shall be nominated and elected bp electors working outside a factory or workroom, subject, to the pr6visions of the said regulation 17.

21. In the event of a vacancy occurring in any such board, the Governor may, by

order published in the Government Gazet te. direct that any such vacancy shall be filled by the election of another member with qualifications similar to those of the member in respect of whom the vacancy has occurred, in manner herein provided for the election of boards: Provided that the member filling the vacancy in such board shall only hold ofice for the unexpired term of office of the remaining members

of such board.

22. The Secretary to the Minister of Industrp, or any other person appointed by the Minister of Indusw, shall be retpming officer for the purposes of the election of any board, and he may, by writing under his hand, appoint a substitute to act for him. Such returning officer or substitute may, by writing under his hand, appoint such aseistanb as he may think proper.

23. Every candidate as a representative of employers on any board shall be nomi-

nated in writing by five electors duly registered on the employers' list of voters for

euch board, and every candidate ae a representative of employ6s on any board shall

be

4' EDWARDI VII, No. 872.

The Factories Further Amendment Act.- 1904.

be nominated in writing by 10 electors whose names shall have been regietered on the employ6s' list of voters for such board: Provided that a nomination by not less than one-fifth of the whole number of employers where the number is lese than 25, or of employ6s where the number is less than 50 (as the case may be) on the list of voters shall be sufficient; and every such nomination shall contain the written con- sent of the candidate to his nomination, and shall be delivered or posted to the returning officer so ss to reach him before 4 o'clock on the day of nomination.

24. Should the number of persons so nominated for any board as representatives of employers, or as representatiyes of employ6s, not exceed the number to be eo elected, the returning officer shall report to the Minister that such persons so nomi- nated have been duly elected as representatives of employers, or as representatives of employ& (as the case may be).

25. Should the number of persons nominated, either as representatives of em- ployers or as representatives of employ6s, exceed the number to be so elected on any board, the returning o5cer shall. by notice in the Govertment Gazette, notify a day for the taking of a poll (being the day of election specified in the order for the appointmenc of the board or in any subsequent order) for repreeentatives of employers,

or representatives of employCs, or for all. repre~entatives (as the case may be).

26. The returning officer shall appoint such polling-places as he shall think neces- sary for the purposes'of any election, and shall give notice of such polling-places by advertisement in the Government Gazette, and shall appoint some person to preside at such polling-places on the day of election; and such polling-places shall on such day be open for the receipt of votes from 9 o'clock in the morning until 7 o'clock in the evening. At an election the candidates representing employers and candidates representing employCs may respectively be represented at each polling-place by some person who ehall act with the returning officer, or hie assistants, in counting votee. Sueh persons shall be appointed by instrument in writing, signed by the candidates representing employers or candidates representing employ& (as the case may be), or a majority of such candidates respectively.

27. No additional names shall be added to the roll of voters after the returning officer has published in the Government Gazette the notice for fixing the day for taking the poll until after that particular election is over.

28. Every voting paper shall contain the names of each of the candidates for election, either as-a representative of employers or employ& (as the case may be), and may be in one of the forms in Schedule VI. hereto applicable to the case.

29. Each elector shall place a cross in the square opposite the names of the candi- date or candidates he wishes to vote for in the voting paper, and shall forthwith return the voting paper to the presiding officer, who shall place it in a ballot box. No voting paper shall be allowed in which more or fewer candidates are voted for than the number of persons to be elected.

30. The returning officer shall, as soon as practicable after the close of the polling, count the votes received; and shall report to the Minister the election of those can-

didates, not exceeding the number to be elected, who hare received the greatest	number of votes.
31. In case two or more candidates shall receive an equal number of votes the returning officer shall have a casting vote.
32. I n all cases not herein provided for the rules and ussges at parliamentary elections shall be followed as far as they may be applicable.
33. It shd l be lawful for an employer to vote at an election, in respect of which he is entitled to vote, either personally or by an agent duly authorised in that behalf by I
instrument in writing signed by the employer and attested. .
34. It shall be lawful for m y member of any board, by writing under hie hand, addreesed to the Minister of Industry, and which writing shall forthwith, after the signing thereof, be delivered to such Minister, to resign his seat on such board, and upon the receipt of such resignation by such Minister the seat of such member shall become vacant.

35. The Minister may direct some officer to act as secretary to each board.

36. A Judge of the Supreme Court, or a Special Magi~trate, shall act as chairman

of the board, and shall be appointed by the Governor.

37. These regulations shall take effect from and after the 12th day of December,

1904.

SCHIIDULE

4 O EDWARDI VII, No. 872. --

-- -

The Factories firther Amendment Act. - 1904.

SCHEDULE I.

Record under Section10 of the Factories Amendment Act, 1900, of the Names, Work,

and Wages of all Persons Employed in the undermentioned Factory.

N ~ m e of employer. ...............................

Where factory situated. ...........................

Nature of work carried on.. .. .. .. .. .. .. .. .. .. .. ..

Sex. Amount of

Particulars of Work Done Earninge.

Names of Employha. Age. by each Employb.

Female. Wages.

Male.

I

(See regulation 1 .)

Record under Section 11 r?f the Factories Amendment Act, 1900, of Work Done

Outside of a Faetory.

Name of employer .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Address ........................................

[Thiu record to be forwarded to the Chief Inspector, in manner provided by

section 11, sub-section 3, of the above Act.?,

- ..

Name of Description and

Date.	Outworker	Age.	Address.	,	Quantity of	Rate Paid.	Amount.
(in full).	Work Done.

- -

-h - .

6 8. d.

I certify that the above record is a substantially true and correct account of the

amount and kind of work done by the persons named herein for me, and the prices

paid therefor, during the period from.. .. .. .. .. .. .. . to Signature. ..............................

..................

Uate ..........................

(See regulation 2.)

SCHEDULE 111.

List of Voters for Board, under Part II. of the Factories Amendment Act, 1900.

( 1) List of employers in the .. .. .. .. .. .. .. .. .. trade :-

Factory giving

Date of

%&is	/	No. of
Hands No. of

N&ip	Begiater
So. in

Qualification

Name (in full). Address.

Book. to Vote. tratmn. 'Employed.

1 -

-- ----pp -

--

( 2 ~ ) List

4' EDWARDI VII, No. 872.

The Factories Further Amendment Act.-- 1904.

No. on Name (in full). Factory where Data of

Roll. Employed (if any). Registration.

[ 2 ~ ) List of employks employed outside factories in the. .......... .trade :-

No. in of

Name (in full). Residence. By whom Employed.

Register. Work Done.

-

(See regulations 5, 6, 7, 8, 11, 15, 16.)

SCHEDULE IV.

List of Persons Hmployed in the undermentioned Factory for 14 days at l e a ~ t in the

Month next preceding the j ra t week in November last.

Name of employer. ...........................................

Where factory situated. .......................................

Nature of process, trade, or business carried on . .................

-- -

Name of Employ6 (in full). l

- - --

I certify that the above is a true and correct list of all the persons employed in the above factory for at leaat 14 days during the month of December last.

Signature. .........................

Date .............................

(See regulation 6)

SOHEDVLE

4' EDWARDI VII, No. 872.

The Factories Further Amendm~nt Act.-1904.

SCHEDULE V.

Form of Application to h u e Nnmt! placed on the Voters' Roll of &pc ye's in the

................... Tradr.

Trade By whom

Name (in full). Place of Residence. or Calling. Employed.

Male. Female.

1

I

l

i

I hereby declare that the particulars entered above are true and correct.

Signature ................................

Date ..............................

(See regulations 12 and 13.)

SCHEDULE VI.

Forms of Voting Papers.

VOTING PAPEB.

........................ Board.

Election of. ......... members to act as Employers' repreeentatives.

A.B. .................................... a

C.D. ......................................

0

E.F. ......................................

0

O.H. ..................................... 0

VOTING PAPER.

....................... Board,

Election of ......... .member8 to act as EmployBs' representative.

A.B. ...................................... 0

C.D. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

D

E.F. ......................................

a

G.H. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0

VOTING PAPER.

.......................... Board.

Elwtion of one' member to aht as a representative 01 Employ6s working outside a

factory or workroom.

A.B. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

0

C.D. ...................................... 0

E.F. .................................. .. .

a

(See regulation 28.)

Adelaide : By authwitp, C, E. BRI&OW, Government Printer, North Terrace.