SUGAR BOUNTY.
No. 12 of 1912.
An Act to amend the Sugar Bounty Act 1905-1910.
[Assented to 29th October, 1912.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Sugar Bounty Act 1912.
(2.) The Sugar Bounty Act 1905-1910, as amended by this Act, may be cited as the Sugar Bounty Act 1905-1912.
2.—Section nine of the Sugar Bounty Act 1905-1910 is repealed, and the following section substituted in its stead:—
Conditions of employment and rates of wages.
“9.—(1.) The Minister may make application to the President of the Commonwealth Court of Conciliation and Arbitration, or to any Judge of a Federal or State Court or to any person or persons who compose a State Industrial Authority, for a declaration as to what wages and conditions of employment are fair and reasonable for labour employed in the production of white-grown sugar-cane or beet.
“(2.) On the hearing and determination of the application, the President, Judge, person or persons shall have all the powers which under the Excise Procedure Act 1907 belong to the President of the Commonwealth Court of Conciliation and Arbitration, and all witnesses and persons summoned to appear or appearing before him or them shall be entitled to the same privileges and protection, and be subject to the same liabilities and penalties, as witnesses or persons summoned to appear or appearing before the President on an application within the meaning of that Act, and the provisions of that Act shall, so far as they are applicable apply accordingly, mutatis mutandis, as if the application were an application within the meaning of that Act.
“(3.) Every grower of white-grown sugar-cane or beet who claims the bounty payable under the Act shall, in making his claim, certify to the Minister the conditions of employment and the rates of wages paid to any labour employed by him, other than the labour of members of his family.
“(4.) If the Minister finds that the rates of wages and conditions of employment, or any of them—
(a) are below the standard rates and conditions of employment prescribed by any Commonwealth or State Industrial Authority, or
(b) are below the standard rates and conditions applicable to the locality and agreed upon between representatives of associations of employers and employees registered under any Commonwealth or State Act, or
(c) are below the rates and conditions declared, as in the first sub-section of this section mentioned, to be fair and reasonable,
the Minister may withhold the whole or any part of the bounty payable.”
Overview
The Sugar Bounty Act 1912, enacted by the Parliament of Australia, was introduced to amend the Sugar Bounty Act 1905-1910. This Act was designed to address the need for regulating fair and reasonable wages and conditions of employment in the sugar industry. It sought to ensure that sugar growers who claimed the bounty adhered to fair labour standards, thereby preventing exploitation and maintaining industry standards. The Act empowers the Minister to apply to the President of the Commonwealth Court of Conciliation and Arbitration or relevant state authorities to declare what wages and conditions are fair and reasonable, allowing for the withholding of bounty if the established standards are not met.
The policy objective of this legislation was to safeguard the rights of labourers in the sugar industry by ensuring they received fair wages and reasonable working conditions. By amending the previous Act, the 1912 Act reinforced the commitment to fair labour practices and aimed to maintain a balanced relationship between sugar growers and the labourers, ensuring sustainable industry practices.
Scope and Application
The Sugar Bounty Act 1912 pertains to the regulation of wages and conditions of employment for labour engaged in the production of white-grown sugar-cane or beet, specifically in the context of bounty claims by growers. This Act applies to all growers of white-grown sugar-cane or beet who seek to claim the bounty payable under the legislation. It mandates that such growers must certify the conditions of employment and rates of wages paid to any labour employed by them, excluding the labour of family members. The Act's jurisdiction extends across the Commonwealth, with its provisions applicable to both Commonwealth and State Industrial Authorities, as well as Federal and State Courts. The Minister has the authority to seek declarations from the President of the Commonwealth Court of Conciliation and Arbitration or other designated judicial officers regarding fair and reasonable wages and conditions. If the Minister determines that the wages or conditions fall below prescribed standards, they may withhold the bounty. The Act does not explicitly exclude any specific entities or transactions but focuses on the conditions surrounding the bounty claims for sugar production labour.
Key Provisions
The Sugar Bounty Act 1912 (C1912A00012) introduces significant amendments to the Sugar Bounty Act 1905-1910, primarily focusing on the conditions of employment and rates of wages for workers involved in the production of white-grown sugar-cane or beet. Under section 9(1) of the Act, the Minister is empowered to apply to the President of the Commonwealth Court of Conciliation and Arbitration, or to any Judge of a Federal or State Court, or to any person or persons who compose a State Industrial Authority, to declare what wages and conditions of employment are fair and reasonable for labour employed in the sugar industry. The President, Judge, or relevant persons are granted all powers under the Excise Procedure Act 1907 and witnesses appearing before them are entitled to the same privileges, protections, liabilities, and penalties as if the application were within the meaning of that Act.
The Act mandates that every grower who claims the bounty must certify to the Minister the conditions of employment and rates of wages paid to any labour employed by them, excluding the labour of family members, as per section 9(3). If the Minister determines that the declared wages and conditions of employment fall below the standard rates and conditions prescribed by any Commonwealth or State Industrial Authority, or are below the rates and conditions applicable to the locality agreed upon between representatives of associations of employers and employees, or are below the rates and conditions declared to be fair and reasonable, the Minister may withhold the whole or any part of the bounty payable, as stated in section 9(4).
In terms of obligations, growers must accurately certify the wages and conditions of employment for all workers, ensuring they meet or exceed the standards set by relevant authorities or agreements. Failure to comply with these requirements could result in the Minister withholding the bounty. The Act outlines specific penalties and consequences for non-compliance. While the Act does not explicitly state penalties for breaches, it implies that the Minister’s power to withhold the bounty is a significant enforcement mechanism. This withholding can be seen as a deterrent, ensuring adherence to the stipulated fair and reasonable wages and conditions of employment.