Wages Boards Act of 1908 (8 Edw VII No. 8) (Qld)

FACTORIES AND SHOP.s. 8 Enw. VII. No. 8,1908. Wages Rom'ds. 9261 [58B.] The publication in the Gazette of any notifica- Effect of tion under this Part of this Act relating to any poll or to Ga::fiette. any agreement with respect to any holiday or half-holiday noh catlOn. shall in all cases be prima faoie evidence that all con- ditions and provisions relating to such poll or agreement, as the case may be, have in all respects been observed and complied with, 26. The following words are added to subsection six Amendments o f sec t I ' on SI . X t y 0 f the P n ' nCl . pa1 A C t :- of s. 60. " and to provide for females proper dining and seating accommodation." - The following subsection is inserted after subsection fifteen of the said section :- [15A.J Determining, in respect of any shop, what Olass~ s of classes of trade shall, for the purposes of this Act, be deemed trade m shops. to be classes of trade usually carried on in such shop, and thereupon such classes of trade and no other classes of trade shall be deemed to be the classes of trade usually carried on in such shop. 27. In subsection one of section sixty-five of the Am.endment Principal Act, after the word "penalties," the words "and of s.65, fees" are inserted. In subsection three of the said section, after the word "Minister," the words "or the Ohief Inspector" are inserted.. An Act to Make Provision for Wages Boards. 8 Edw. VII. No. 8. [ASSENTED TO 15TH APRIL, 1908.J , - l~ ~ s BOARDS AOT B E it enacted by the King's Most Excellent Majesty, OF 1908. by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as" The Wages Boards .Aot Short titl~ , 0U1' 1908 , " and shall be read as one with " The Factories aconndstructIOn, and Shops .Aot (if1900,"* herein referred to as the Principal commence- Act, and may be cited together with that Act as " The ment of Act. Factories and Shops .Aots, 1900 to 1908." This Act shall commence and take effect on and from the first day of September, one thousand nine hundred and eight. "" 64 Vic. No. 28, supra, page 7216.

9262 FACTORIES AND SHOPS. Wages Boards. 8 Enw. YII. No. 8, Interpre- tation. Va., No. 1975 8S. 5, 106. Apprentice. Clothing, &c. Furniture. Improver. 2. In this Act, unless the context otherwise indicates- "Apprentice" means any person under twenty- one years of age bound by indentures of apprenticeship; " Clothing or wearing apparel" includes boots and shoes; " Furniture" means furniture of which wood forms a part, and such as is usually made by cabinet-makers, chair and couch makers, upholsterers, woodcarvers, or woodturners ; "Improver" means any person (other than an apprentice) who does not receive a piece-work price or rate 01' a wages price or rate fixed by any Special Board for persons other than apprentices or improvers, and who is not over twenty-one years of age, or who being over twenty-one years of age holds a license from an inspector authorised by the Minister to be paid as an improver. Object of Special Boards. Power to 3. (1.) In order to determine the lowest prices or ; Fo~ ~ ~ n! o fix rates which may be paid to any person or persons or price~ for classes of persons employed either inside or outside a cVear.t,aNmo.w1o9r7k5. , f: act ory or . In o.r In connectI'On WI 'th ashop- 5.75. In wholly or partly preparing or manufacturing any particular articles of clothing or wearing apparel or furniture; or In any process, trade, or business usually or frequently carried on in a factory or shop- and in order to determine the ordinary working hours and the maximum of working hours including overtime in or in connection with a factory or shop, including shops otherwise exempt from the provisions of the Principal Act, the Governor in Council may, if he thinks fit, from time to time, appoint a Speci~ l Board, consisting of not less than four nor more than ten members and a Chairman, and may at any time remove any member of the Special Board. Any Special Board may be appointed with jurisdiction throughout the whole State or with jurisdiction limited to any specified locality. Matters to be (2.) In fixing such lowest ·prices or rates,the Special considered. Board shall take into consideration the nature, kind, and class of the work, and the mode and manner in which the

1908. FAOTORIES AND SHOPS. Wages Boaras. 9263 work is to be done, and the age and the sex of the workers, and any matter which may from time to time be prescribed. Mode of Appointing Members and Perm of Offtae. . 4. (1.) One-half of the members of a Special Board Constitution shall be appointed as. representatives of employers, an(l ~a~ N~ ~ i975. one-half as representatives of employees. s. 76. (2.) The representatives of the employers shall be Representa. or shall have been bona fide and actual employers in the tives. trade concerned, and the representatives of the em- ployees shall be or shall have been actual and bona fide employees in such trade, and in the case of a Special Board with jurisdiction limited in area, within such area: Provided that this restriction shall not apply to appoint- ments made by the Minister. (3.) (a) .Appojntments as members of any Special 'l'erm of Board shall be for three years only, but office. any member of a Special Board may, on the expiration of his term of office, be reappointed thereto; and (h) The Chairman of any Special Board shall be deemed and taken to be a member thereof. 5. Within one month after a notification by the Election and Minister published in the Gazette of his intention to af~ in! dent constitute a Special Board for any particular trade or 0 oa. business, the employers and the employees in such trade or business shall elect their respective proportions of such Special Board for such trade or l?usiness. Notwithstanding anything contained in this .Ac~, where in any district there is only one employer in any process, trade, business, or industry, such employer may elect any persons other than members of the legal profes- sion, whether qualified or not, as his proportion of such Special Board. Upon receiving the names of. such elected persons, the Minister, by notice published in the Gazette, shall appoint such persons as representative of employers and represen- tative of employees to be members of such Special Board: Provided, however, that, should the employers or the employees fail to make such election within the time set Jorth in the preceding parag!aph, then the Minister shall,

9264 FACTORIES AND SHOPS. Wages Bon·ls. 8 Enw. VII. No. 8, by notice published in the Gazette, appoint persons as representatives of such employers and employees failing to make such election. Special ~ oard 6. Notwithstanding anything contained in this Act, ~ ~ : f: ~~I~~~ e the members of any Special Board to determine or fix the al?pointed lowest price or rate which may be paid to any person for weleitchtioount. W h 0 11yor partly prepar.mg or manufactu'rmg any part l ' C ul ar Va., No. 1975, articles of furniture shall not be elected, and the Governor s. 78. in Council may from time to time appoint such Special Board. Men's and Boys' Clothing Board. Ih., s. 79. 7. In the case of a Special Board for Men's and Boys' Clothing, the representatives of the employers shall consist of three representatives of makers of ready-made clothing and two of makers of order clothing, and the rolls for any election of such respective representatives shall be prepared and votes given in such manner as may be prescribed. Vacancie8, how filled. Ih., s. 81. 8. In the event of any vacancy occurring from any cause whatsoever in any Special Board, the same shall be filled by election as aforesaid by the employers or employees whose representative has caused such vacancy, and the Minister, by notice published in the Gazette, shall appoint the person so elected, or, in default of such election within one month after the vacancy has arisen, the Minister shall, by notice as aforesaid, of his own motion appoint some person, as representative of the employers or employees (as the case may require) for the unexpired portion of the term of office of the member who dies, or resigns, or is removed. Appointment of Ohairman. Nomination 9. (1.) The members of a Special Board shall, :;;ointment within twenty-eight days after their appointment, nominate of Chairman. in writing some person (not being one of such members) to lh., s. 82. be Chairman of such Special Board, and such person shall be appointed by the Governor in Council to such office. (2.) In the event of the. Minister not receiving such nomination within twenty-eight days after the appointment of the said members, then the Governor in Council may appoint the Chairman on the recommendation of the Minister. (3.) Any vacancy which occurs in the office of Chair- man shall be filled in like manner, and the person so appointed shall hold office only for the unexpired portion of the term of office of the person who has vacated office.

1908. FAOTORIES AND SHOPS. Wages Boards. 9265 Powers oj Special Board. 10. In the making of any determination as to any Principles of prices or rates- . b de y t S er p m e i c ~ I a al tion (a) The Board shall ascertain, as a questIOn of fact, Boards. the average prices o. r rates of payment (whet.her sV.8a.3, . No.I975, piece-work prices or rates or wages prICes or rates) paid by employers to employees of average capacity; (b) Where it appears to be just and expedient, special wages prices or rates may be fixed for aged, infirm, or slow workers; (c) When the Board has a jurisdiction limited in area, it shall confine its investigation and determination to the special circumstances of that area. 11. The powers of a Special Board with respect to Powers not to tohre 0 mthaetrtWer. Isse wai f t f heicnt etdheiry juarniysdbiecxtipornessshaplr' Ol nVoIstI. Obne l 0 imf itthede pPbrerOin l V i cI ? si 1 Ip ~ Oa t n e ls d .A 0 b f Y ct. Principal Act relating generally or particularly to any of the same matters. 12. All powers of any Special Board may be exercised Exercise of by a majority of the members thereof. 2~ : ~ ~ s84. 13. During any vacancy in a Special Board (other Effect of than in the office of Chairman) the continuing members vacancy. may act as 1 'f no vacancy eXl.St ed,proVl' ded no member 0 fIb., s. 85. the Board objects in writing. 14. The Chairman of any Special Board may require Pow.er of an! person (including a mem~ er o~ a SJ?ecial Board) giving ~ ; : : : lS: : o~ ~ d -evIdenee before a Board to gIve Ins eVIdence on oath, and to administer for such purpose shall be entitled to administer an oath ~~~~:: 86. .accordingly to such person. 15. (1.) So far as regards any articles, process, trade, Board t.o 'Or business in respect to which any Special Board is r; ! ~ : f~ ~ rce .appointed, such Special Board shall determine the lowest or rate of prices or rates of payment payable to any person or persons ~ ~ : ' l: . e~ ~ . or classes of persons employed in such process, trade, or business, or for wholly or partly preparing or manufacturing- any such articles specified by such Special Board. (2.) Such prices or rates of payment may be fixed at Outside work piece-work prices or rates or at wages prices or rates, ort<?be k both, as the Special Board thinks fit: Provided that for~ ! : e~ : ; . ~ wholly or partly preparing or manufacturing outside a factory articles of clothing or wearing apparel a piece-work

9266 FACTORIES AND SHOPS. Wages Boards. 8 EDw. VII. No. 8, price or rate only shall be fixed, and provided that the Board shall, on request of any occupier of a factory or shop, fix a wages price or rate for any work done by persons, operating at a machine used in such factory or shop. Waiting time. 16: In fixing wages prices or rates, and also in fixing- piece-work prices or rates,' a Special Board shall, in all cases where in their judgment it is proper so to do, deter- mine what allowance, if any, shall be made in respect of waiting time. .Rate. fol' 17. Notwithstanding anything contained in this Act, t~~ ~ l~ ~ : ~ e~ e the price 01' rate of payment to be fixed by any Special work and Board for wholly or partly preparing 01' manufacturing any ff ;~ ~ ~~ i~ ~ t~ e. article of furniture shall, wherever practicable, be both a Va.,No.1975, piece-work price 01' rate and a wages price or rate. The s.8S. piece-work price or rate shall be based on the wages price- 01' rate fixed by such Board. Piece-work 18. Where pursuant to this Act by any determination: ~ ~ : d~; en of a Spe~ial Board both a piece-work price or r~ te and a Special Board wages prIce or rate are fixed for any work, the pIece-work ~ a: : sbr~ : e~ on price or rate shall be based on the wages price or rate; but Tb., s. 89. no determination shall be liable to be questioned or chal- lenged on the ground that any piece-work price or rate is a. greater or less amount than such price or rate would be if based upon the wages price or rate. Board when 19. Every Special Board, when fixing the lowest mfixininigmum wages price or rate to be paid to any person or persons wage shall or classes of persons, shall also determine the maximum anl; ls& oxfiimxum number of hours per week for which such lowest wages number of price or rate shall be payable according to the nature or n ho . u , r s s . , 9 & 0 C . . conditions of his work; and the wages price or rate- payable for any shorter time worked shall be not less than a pro ratd amount of such price 01' rate. The Board shall also fix a higher wages price 01' rate than that set forth in the determination of the Board as the price or rate- payable for the maximum number of hours per week which shall be paid to any male employee over the age of sixteen years who works for any time in excess of the maximum number of hours so fixed. . Power to 20. (1.) The Governor in Council may, by Order e: t~ nd ~c~ pe in Council published in the Gazettp, extend the powers ~ oar; . cla of any Special Board so that such Board may fix the- Va.; No. 200S, lowest prices 01' rates for any axticles or process, trade, or B.16. bus· mess, or part of any such process, trade, 0 b 1' u·smess; which, in the opinion of the Governor in Council, are of

FACTORIES AND SHOPS. 9267 1908. Wages Boards. the same or similar class or character as those for which such Board was appointed; and such Board shall, as regards the articles, process, trade, or business mentioned in the extending Order in Council, have all the powers conferred on a Sp'ecial Board by this Act. (2.) A copy of the Gazette containing an order so Evidence. extending the powers of a Special Board shall be conclusive evidence of the making of such order, and such order shall not be liable to be challenged or disputed in any Oourt whatever. Apprentices and Impl'overs and Juvenile Workers. 21. (1.) When determining any prices or rates of Apprentices npauymm b eenr t, oer veprryopSoprteI . cOianlatBe oanrudm 1 oshearll 0 f alsoappdreetnetrImC . einse atnh d e I V ~ m n a d p ., ro N v o e . r 1 s. 975, improvers who may be employed within any factory or s. 91. shop, and the lowest prices or rates of pay payable to apprentices or improvers, wholly or partly preparing or manufacturing any articles as to which any Special Board has made a determination, or when engaged in any pro- cess, trade, or business respecting which any Special Board has made a determination. (2.) The Board, when so determining, may take into consideration the age, sex, and experience of such appren- tices or improvers, and may fix a scale of prices or rates payable to such apprentices or improvers respectively according to their respective age, sex, and experience, and may fix a different proportion of male and female apprentices and improvers. 22. When fixing the wages rate to be paid to Conside~ation Persons , (other than apprentices or improvers) under ooff yexopuenrgIence twenty-one years of age for any particular class of work, workers. any Special Board may fix different rates having regard lb., s. 92. to the length of experience of such persons in such. particular class. 23. All apprentices, unless bound .by indentures of Improvers. apprenticeship which bind the employer to instruct such lb., s. 93. apprentice in such process, business, or trade for a period of at least three years, shall be deemed to be improvers for the purposes of this Act. 24. Notwithstanding anything to the contrary con- Pow~r to bind tained in this Act, a person may, with the sa;nction in ~ ; ;: ~ ~tices writing of the Inspector, be bound as an apprentICe to any for less than trade for less than three years if , owing to his previous t V h a r . e , e N y o e . a2rs0. 08, experience or length of employment in such trade, it is s. 17. I. i

'9268 FACTORIES AND SHOPS. Wages Boards. 8 EDw. VII. No. 8, not possible to bind such person as an apprentice for three years. A person bound pursuant to this section with the sanction of the Inspector shall not be .deemed to be an improver. Expel'ie?lce of 25. Where, by the determi.nation of a Special Board 1c: r:~ce, the wages of an apprentice or of an improver are to vary in eal~ ulated. accordance with his experience or length of employment in 8 V .9 a 4 ., . No.1975'his trade " then for the purpose of determining the wages he is entitled to receive, any time during which such apprentice or improver has worked at his trade shall be reckoned in his length of employment in such trade. I?etermina- 26. Where any apprentice under the age of twenty- - atlfofencstncoetrttoain one years has been bound' In wr ' l t m ' g by ' Indentures 0 f apprentices. apprenticeship for a period of' not less than two years, no Ib., s. 95. provision in any determination of a Special Board shall invalidate, cancel, or alter such deed of apprenticeship in any way whatever if such deed of apprenticeship was signed by all parties thereto before the appointment of such Special Board. License to "improvers - tyowevaeernr! \ t,yo- lodn. e Ib., s. 96. 27. Any Inspector, if authorised by the Minister in that behalf, may grant to any person over twenty-one years of age, who has satisfied him that such person has not had the full experience prescribed for improvers by any Special Board, a license to work as an improver for the period named in such license at the wage fixed by the Board for an improver of the like experience. " ApprenticE" 28. Unless the context otherwise requires, in the ~ rimprover. " determination of a Special Board the expressions" appl'en- Ib., s. 97. tice" or "improver" shall have the like meaning as in this Act. When Piece-work Rates may be Fixed by Employer. Piece-work 29. (1.) Any Special Board, instead of specifying the fia; :d~ ibe lowest piece-work prices or rates which may be paid for ~ anufa~ turer wholly or partly preparing or manufacturing any articles, ~ ~ s~~ ~ tain may determine that piece-work prices or rates, based on Ib., 8. 98. wages rates fixed by such Special Board, may be fixed and paid therefor, subject to and as provided in the nE}xt following subsection. - Piece-work rates to be based on earnings of average worker. (2.) Any employer who, pursuant to such determina- tion, fixes and pays piece-work prices or rates shall- base such piece-work prices or rates on the earnings of an average worker working under like conditions to those for which the piece-work prices or rates are fixed, and who is

1908. FAOTORIES AND SHOPS. Wage8 Board8. 9269 paid by time at the wages rates fixed by such Special Board. Every such employer shall, if required by the Chief Inspector so to do, forward a statement of such prices or rates to the Chief Inspector. (3.) Any person who, having fixed a piece-work price When or rate as in this section provided, either directly or pi:cefiwodk indirectly or by any pretence or device, pays, or- offers, or ~ ff: rin~ , paperIm. eciets-wanoyrkpperr'Iscoenotroroaftfeerl,oowreartttehmapnttshteo ppra'IyC,eaonryrpaetersoson alonwoe,u!ernactee. fixed by such firstmentioned person, or who is guilty of a contravention of any of the provisions of the last preceding subsection, shall be guilty of a contravention of this Act. (4.) In proceedings against any person for a eon- P.roof that travention of the provisions of the two last preceding~ ~ ~ ~ : · work subsections, the onus of proof that any piece-work price corresponds or rate fix· ed or pal' d by such person I . S I . n accordance WI' th to wages rate. the provisions of such .subsections shall in all cases lie on the defendant. Old, Slow, and Infirm Workers. 30. (1.) If it is proved to the satisfaction of any Aged, slow, Special Board that any person by reason of age, slow- or i~ firm ness, or infirmity is unable to obtain employmentv~ ~ , Nr: : I975. at the minimum wage fixed by such Special Board, that s. 99. Board may in such case grant to such aged or infirm or slow worker a license for twelve months to work at a less wage (to be named in such license) than the said minimum wage, and such licensc may be renewed from time to time. (2.) The number of persons so licensed as slow workers employed in any factory shall not, without the consent of such Special Board, exceed the proportion of one-fifth of the whole number of persons employed in such factory at the minimum wage fixed for adults or at ,piece-work rates: Provided that one licensed slow worker may be employed in any registered factory. And any person who, without such consent, employs any greater number than such proportion shall be guilty of a contravention of this Act. ' , (3.) Any person who, either directly or indirectly or by any pretence or device, pays or offers to pay, or permits any person to offer or pay, any such aged or infirm or slow worker at a lower rate than that fixed by a Special Board in such license shall be guilty of a contravention of this Act.

92iO FACTORIES AND SHOPS. Wages Boards. 8 EDW. VII. No. 8, JJuration, Publication, and Application of JJetermination8 of Special Boards. :!:::If: Price or r!lte 31. Any price or rate determined by any Special : ~ d Board shall, from a date (not being within thirty days of f~ rce ~ n~ il such determination) fixed by such Board, be and remain in ~~ : ~ ~ . ya force until amended by a determination of such Special Va., No. 1975, Board. 11.100. Application of 32. The determination of any Special Board shall be tdieotne. rmina- signed by the Chairman thereof and published in the Ib., s. 101. Gazette, and shall apply to every locality in which such Special Board has jurisdiction. Children of 33. No determination of a Special Board shall apply aefmfepcltoeyde. r not to any children of the employer. n., s. 102. Provisions regarding Furnitw'e, Bread, and Pastrycook8 Boards. Appointment 34. (1.) One Special Board may be appointed for BofoSaprdecfioarl the whole State, or for any specified locality, to determine articles of the lowest prices or rates which may, be paid to any I f b ur ., n s it . u1r0e3. . person or persons or classes of persons for wholly or partly preparing or manufacturing any particular articles of furniture, and to any person or persons or classes of persons employed in the manufacturing processes of a maker of over-mantels and of wood mantel-pieces (other than wood mantel-pieces to be painted, such as are usually made in sawmills), and to any person or persons or classes of persons engaged in the manufacturing of mattresses or bedding. , For bread- making, &c. (2.) One Special Board may be appointed for the whole State, or for any specified locality, to determine the lowest prices or rates which may be paid to any person or persons or classes of persons for breadmaking or baking, and to any person or persons or classes of persons employed in the manufacturing processes of a pastrycook. Governor in Oouncil may Extend the Powers of Boards. Power ~ o 35. Where any person or persons or classes of persons dpreitceersmomrerates I • S or are emp 1 oye d b y any emp l oye ' r In prepar . mg or manu- paya?le to facturing articles the lowest prices or rates of payment for pceerrLsoamns for preparI • ng or manU. i l -' ac t uf ' lng wl H ' C h have been de t ermI . ned prepari~ g by a Special Board, then, if so directed bv the Governor in I a b n . y , a s r . tl1C0l4e.s. C ounC '1 l, any S peC ' la 1 B oar d s h a 11 a 1 so, •. In the manner prescribed in this Act, determine the lowest prices or rates

FACTORIES AND SHOPS. 9271 1908. Wa.qes Boards. of payment which may be paid by any employer to such person or persons or classes of persons for wholly or partly preparing or manufacturing, either in,side or outside a factory, any particular articles whatsoever. Suspension of IJetermination. 36. (1.) Notwithstanding anything contained in this Power to Ae~ , the Gov:ernor in Council may at any ~ ime, for such l~~~ :!tnation perlOd or perIOds as he thinks fit not exceedmgsix monthsofaIl:Y in the whole, by Order in Council published in the Gazette, SVpa"ecNlaolB. 1 o 9 a 7 rd 5 . , suspend the operation of the determination of any Special s. 105. Board. When the operation of any determination (whether published in the Gazette or not) is so suspended, it shall be the duty of such Special Board to forthwith hear, receive, and examine evidence [I.S to such determination; and there- upon such Special Board may either adhere to the said determination or may make such amendments therein as to such Board seems proper. (2.) In t4e event of such Special Board making any Publication of such amendments, such determination as so amended shall ~ ~end~ d forthwith be published in the Gozette, and shall for allti!:.rmma. purposes be deemed and taken to be the det.ermination of such Special Board, and shall, from such date as may be fixed in such amended determination, apply to every district within the jurisdiction of such Special Board; and the suspended determination shall thereupon have no further force or effect. (3.) In the event of such Special Board notifying theRemov~ l of Minister that such Board' adheres to its determination suspenSIOn. without amendment, such suspension of the operation of such determination shall, by an Order in Council published in the Gazette, be revoked from such date not later than fourteen days as may be fixed in such Order. General Provisions. 37. When any pel'son is employed to perform two or Payment of more classes of work to which a rate fixed by a SJ? eci! ll: ~ : ; ; ! ; ~ n ,Board is applicable, then such person shall be paId III two, or more respect of the time occupied in each class of work at the ~ ~ ; ~ ~ s of rate fixed by the Board for such work. Ib., s. 107. 38. When any person is employed during any part Rate of wages ,of a day for an employer at work for 'which a Special ~ ~~ ~ ughout Board bas fixed a wages price or rate, then all work what- Va" No. 2008, ever done by such person during such dayfor such employer, s. 15. whether inside or outside a factory, shall be paid for at the same wages price or rate.

9272 FACTORIES AND SHOPS. Wages Boaras. 8 Enw. VII. No. 8, Effect Oll 39. When any determination of a Special Board is legal d' amended or repealed, such amendment or repeal shall not oprfoamceeencInlmgsent dl' rect 1 y or I . II dl' l'e9tly a N uect any legal proceedm' gs 0f any d~ ~ e~ ~ fna- kind theretofore commenced under this Act for any breach tion. of such determination or any right existing at t.he time of V s.1 a. 0 , 8 N . o.1975, such amendment or l'epeal under this Act. Short title of 40. The Governor in Council may, by Order in BSpoeacridasl. Council pl1blished in the Gazette, direct that any Special lb., s.109. Board may, in any regulation, determination, order or instrument, or legal proceedings, be described for all purposes by some short title specified in such Order. Notificationof 41. There shall be kept printed, painted, or affixed in dtieotnesl'mwihnear- e 1 egl' ble roman c h aracters, I . n some conspI . cuoUS p 1 ace at or applicable. near the entrance of each and every factory, workroom~ lb., s. HO. or shop to which the determination of·a Special Board applies, in such a position as to be easily read by the persons employed therein, a true copy of the determina- tion of the Special Board as to the lowest. prices or rates of payment determined by such Board. E,ffect on 42. When in any determination a Special Board has rpaIetecoe-fwvaorrkying fi xe d pI . ece-wor k pr ' ICes or ra t e . s { 1 ' 0r w h 0 11 y or partl y pre- usual conrse. paring or manufacturing any articles, and in the descrip- lb. ' s. HI. t I ' On 0 f the WOI' k I.n respec t 0 f whl'Ch suchp'lece-work price or rate is to be paid such Board enumerates several operations, and when anyone or more of such operations is by the direction or with the expressed or implied consent of the occupier of the factory or his manager or foreman or agent omitted, such omission shall not 'affect the price or rate to be paid in connection with the particular work; but such price or rate shall, unless otherwise provided in such determination, be that fixed as the price or rate for the whole work described. E~ cct on ' 43. When in any determination a Special Board has rfiaxtme gonalyw. ages fixed a wages rate only for wholly or partly preparing or lb" s, 112. manufacturing, either inside or outside a factory, any articles or for doing any work, then it shall not be lawful for any person to pay, or authorise or permit to be paid therefor, any piece-work-rates; and the receipt or accept- ance of any piece-work rates shall not be deemed to be payment 01' part payment of any such wages. .F.:mployees . 44. Where a piece-work price 01' rate or a wages. m? otgotoodbse. paId price • or . rate has been fixed b . v J the determination of any lb., s. H3. SpeCIal Board for wholly or partly preparing or manufac- turing, either inside or outside any factory, any articles or

FACTORIES AND SHOPS. 9273: 1908. Wages Boards. for doing any work, no person shall, either directly or indirectly, require or compel any person affected by such determination to accept goods of any kind or description in lieu of money or in payment or part payment for any work done or wages earned; and the receipt or acceptance of any goods shall not be deemed to be payment or part payment for any such work or of any such wages. 45. Where any employer employs any person who Power to ddoeetesrmanm" yedwothrke lfoowr ehstimprICfoers worhricahtesa, thSepnecsiualchBoemarpdlohyaesr rd n e o ec t toe w vr i me ~ r h : m . readte, shall be liable to pay and shall pay in full in mop.ey, : ~ar~~ : !n~ 'fo without any deduction whatever, to such person the price the contrary. or rate so determined' , and such person may , within twelve s V . a 1 ., 14N. o.1975. months after such money became due, take proceedings in any court of competent jurisdiction to recover from the employer the full amount or any balance due in accordance with the determination, any smaller payment or any express or implied agreement or contract to the contrary notwithstanding. Proceedings in Courts of Law. 46. The production before any court, judge, or justices Eviden?e of of a copy of the Gazette containing the determination of~i~~~ ~mlr.a. any Special Board shall be conclusive evidence of the due lb., s.117. making and existence of such determination, and of the due appointment of such Board, and of all preliminary steps necessary to the making of such determination. 47. (1.) If any person, being an employer or employee l? etermina~ in the trade or business affected, desires to dispute the ~ ons. o[ validity of any determination of any Special Board made. B~ ~ ~~ or p • ur • portinO 1 ' :'. to have • been made under any of the cbheafollreengeable· prOVISIOnS of thIS Act, It shall be lawful for such person Supreme to ~ pply to the Supreme Court upon affidavit for a rule f~ ~ : ~ ~~tr callIng upon the Chief Inspector to show cause why such determination should not be qU{lshed either wholly or in part for the illegality thereof; and the said Court may make the said rule absolute or discharge it with or without costs as to the Court shall seem meet. (2.) Every determination of any Special Board shall, unless and until so quashed, have and be deemed and taken to have the like force, validity, and effect as if such determination had been enacted in this Act, and shall not be in any manner liable to be challenged or disputed; but any such determination may be altered or revoked by any subsequent determination under this Act.

9274 FAcrORIES AND SHOPS. Wages Boards. 8 Enw. VII. No. S, Ratifioation of Agreements where no Board Exists. Minister may 48. The following provisions shall be applicable in ~ ~ !! ments all cases where no Special Board is in existence in con- between nection with any trade or business:- ::toyers The majority, respectively, of the employers and employees. employees in such trade or business in any locality may enter into an agreement with respect to all or any of the matters which would under this Act be within the jurisdiction of a Special Board if such Special Board had been constituted for such trade or business, and may transmit such agreement, duly verified by their respective representatives, to the Minister, with a request that the same shall be ratified by him. If the Minister upon receipt of such agreement is satisfied that the same has been entered into by a majority of the said employers and employees, respectively, in such locality, and that such agreement is not contrary to the provisions of this Act, he may, by notification in the Gazette, ratify the said agreement; and thereupon the said agreement shall have the same force and effect as if it had been a determination of a Special Board constituted for such trade or business, and shall be observed by all employers and employees in such trade or business in such locality, and shall· remain in force until altered by another agree- ment entered into and ratified in like manner or by a determination of a Special Board constituted for such trade or business and having jurisdiction in such locality. Extension of Aot to other Trades and Bltsinesseso Whel'l . 49. Any trade, business, or industry of whatever : : ~ i~ ; : ' ~ : ? ~ kind, and whether carried on in or in connection with a any tr.ade. ill factory or shop or not, the employers or employees in a d n es y ir d e I e s r t e rI a C ti t on W h 1 O 0 h I ° n any dOIStrOIct under the provI ° SI ° ons 0 f thIOS A C t of a Special make application to the Minister in the prescribed form, Board. stating that they are desirous of coming under the pro- visions of this Act, for the purpose of creating a Special Board to regulate such trade, business, or industry may be brought under those provisions. If the Minister is satisfied that such application is bona fide the wish of the majority of such employers or employees engaged in such trade, business, or industry, he shall, by notice published in the Gazette, declare that the provisions of this Act shall extend to such trade, business, or industry, and shall call upon the persons engaged in such trade, business, or industry to elect a Special Board

FACTORIES AND SHOPS. 1908. Wages Boards. within one month of the date of such Gazette notice, and shall exercise all the powers conferred upon him in regard to the appointment of Special Boards as provided in this Act. Interference with Rights under Act. 50. No employer shall dismiss any employee from I~terf~rence h I · S emp1oymen t and no emp1oye·e sha11 cease t 0 work I . II uWnIdtherrlAghctt. s tbe service of an employer by reason merely of the fact that the employee or employer, as the case may be, is an officer or member of an organisation or is entitled to the benefit of an agreement or award under tbis Act. Penalty. 51. (1.) Where a price or rate of payment for any Penalty. person or persons or classes of persons employed in any Va., No. 1975, process, trade, or business, or for wholly or partly prepar- s. 119. ing or manufacturing any articles as aforesaid, has been determined by a Special Board and is in force, then any person- (a) Who, either directly or indirectly or under any pretence or device, attempts to employ or employs,or authorises or permits to be employed, any person, apprentice, or improver in any pro- cess, trade, or business, or in so preparing or manufacturing any such articles, at a lower price or rate of wages or piece-work, as the case may be, than the price or rate so determined; or (b) Who attempts to employ or employs, or authorises or permits to be employed, any apprentice or improver in excess of the number or proportionate number as determined pur- suant to this Act; or (c) Who is guilty of a contravention of any of the provisions of this Act- shall be guilty of an offence against this Act, and shall be liable to a penalty for the first offence of not more than ten pounds, and for the second offence of not less than five pounds nor more than twenty-five pounds, and for the third or any subsequent offence of not less than fifty pounds nor more than one hundred pounds. (2.) The registration of the factory of any person who is convicted under this Act of a third offence shall, without further or other authority than this Act, be forthwith . cancelled by the Ohief Inspector. E

·9276 FACTORIES AND SHOPS. Wages Boards. 8 EDW. VII. No. 8, 1908. Regulatio118. 8 RV . ea 1 g. 5 , uN 0 l . aot.i1o9n7s1. i 'I • n m 5 a 2 nn . eTr hperoGVoI' dveedrnobyr intehCouPnrcm'ilCm. lpaay1, Afrcotm, mtiamkee troegtium1ae- tions for all or any of the following purposes, namely :- Ci.) }'or requiring occupiers of factories and shops and persons engaged in any trade or business to furnish all information necessary for pre- paring lists and rolls of electors, none of whom shall be under the age of eighteen years, for Special Boards; and for determining the 'mode of preparing such lists and rolls, and the mode of electing members of such Boards, and the number of votes not exceeding four which each occupier of a factory or shop may have; the appointment and duties of returning officers, and the times and places of meeting of Special Boards and their mode of procedure; and for providing for the election of one membel' of such Special Boards by persons working outside a factory or shop, and of the other members of the Board who are not representatives of t}le occupiers of factories or shops by the persons employed in factories or shops if the number of such outside workers is greater than one-fifth of all the persons employed in the particular trade. (ii.) For prescribing the rates of pay to be given to the Chairman and to members of Special Boards for attendance at the meetings of such Boards; and (iii.) Generally for the better carrying out of the provisions of this Act. All such Regulations shaH, upon publication in the Gazelle, have the same effect as if they were enacted in this Act. . All such Regulations shall be laid before both Houses of Parliament within forty days after the publication thel eot' if Parliament is then sit.ting, and if not, then within forty days after the commencement of the next session thereof. INSPECTION OF MACHINERY AND SCAFFOLDING.. See MACHINERY AND SCAFFOLDING.