TRACTOR BOUNTY (No. 2).
No. 80 of 1939.
An Act to amend the Tractor Bounty Act 1939.
[Assented to 15th December, 1939.]
[Date of commencement, 12th January, 1940.]
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 Tractor Bounty Act (No. 2) 1939.
(2.) The Tractor Bounty Act 1939, as amended by this Act, maybe cited as the Tractor Bounty Acts 1939.
Rates of bounty.
2. Section seven of the Tractor Bounty Act 1939 is amended by omitting from sub-section (6.) the words “equivalent to that increase or reduction” and inserting in their stead the words “equivalent to that reduction or increase”.
3. After section nine of the Tractor Bounty Act 1939 the following section is inserted:—
Rates of wages and conditions of employment.
“9a.—(1.) Where, in the locality where tractors in respect of the production of which bounty is claimed are manufactured any standard rates of wages or conditions of employment to be paid or observed in respect of any persons employed in the manufacture of those tractors have been—
(a) prescribed by any award, order or determination of the Commonwealth Court of Conciliation and Arbitration or of any other industrial authority of the Commonwealth or of a State or Territory or in any industrial agreement registered under any law of the Commonwealth, or of a State or Territory; or
(b) declared to be fair and reasonable in accordance with the provisions of sub-section (2.) of this section,
a manufacturer when making any claim for bounty in respect of the production of any tractors shall certify to the Collector that the rates of wages and the conditions of employment observed by him in respect of the persons employed in the manufacture of tractors were not less favourable to the persons so employed than the rates and conditions so prescribed or declared.
“(2.) If, in the locality where tractors in respect of the production of which bounty is claimed are manufactured, the rates of wages and conditions of employment to be paid and observed in respect of any persons employed in the manufacture of those tractors have not been prescribed by any award, order or determination of the Commonwealth Court of Conciliation and Arbitration or of any other industrial authority of the Commonwealth or of a State or Territory or in any industrial agreement registered under any law of the Common-wealth, or of a State or Territory, the Minister may make application to the Chief Judge or a Judge of the Commonwealth Court of Conciliation and Arbitration for a declaration as to what rates of wages and conditions of employment are fair and reasonable for persons employed in the manufacture of tractors in that locality.
“(3.) If the Minister finds that the rates of wages paid to, or the conditions of employment, or any of them, observed in respect of, persons employed in the manufacture of tractors upon which bounty is claimed were less favourable to those persons than the rates and conditions prescribed or declared as specified in paragraph (a) or paragraph (b), as the case may be, of sub-section (1.) of this section he may direct that the whole or any part of any bounty shall not be payable and that whole or part, as the case may be, shall there upon not be payable.”.
Overview
The Tractor Bounty Act (No. 2) 1939, enacted by the Parliament of Australia and assented to on 15th December 1939, serves to amend the Tractor Bounty Act 1939. The primary aim of this Act is to address the rates of bounty related to the manufacture of tractors, ensuring that manufacturers comply with certain wage and employment conditions. The policy objective is to ensure fair and reasonable rates of wages and conditions of employment for workers involved in the manufacture of tractors, aligning with prescribed or declared standards. This amendment underscores the commitment to maintaining equitable labour practices within the industry during a period of economic and industrial transformation.
Scope and Application
The Tractor Bounty Act (No. 2) 1939 applies to manufacturers of tractors who seek to claim bounty for the production of such vehicles within Australia. The Act specifically mandates that these manufacturers must certify that the rates of wages and conditions of employment they observe for workers in tractor manufacturing are at least as favourable as those prescribed by awards, orders, or determinations of industrial authorities or declared as fair and reasonable by the Chief Judge or a Judge of the Commonwealth Court of Conciliation and Arbitration. This certification is required when making any claim for bounty. The Act extends across the entire Commonwealth, impacting all states and territories, as it references both Commonwealth and state or territory industrial authorities and agreements. There are no explicit exclusions or exemptions stated within the text provided, but it does allow for the Minister to withhold bounty if the rates or conditions fall short of the prescribed or declared standards. The Act can be further refined or extended through subordinate instruments, although specifics on such extensions are not provided in the excerpt.
Key Provisions
The Tractor Bounty Act (No. 2) 1939 primarily amends the original Tractor Bounty Act 1939, specifically adjusting the rates of bounty and introducing new provisions regarding wages and conditions of employment for those involved in tractor manufacturing. Section 2 amends the existing rates of bounty, making a minor adjustment to the wording in sub-section (6) to ensure clarity and consistency. The most significant change comes with the insertion of Section 9a, which mandates that manufacturers of tractors claiming a bounty must certify to the Collector that the wages and employment conditions for workers in tractor production are at least as favourable as any rates prescribed by industrial awards, orders, or determinations, or those declared fair and reasonable by the Minister (Section 9a(1)).
In areas where no prescribed rates or conditions exist, Section 9a(2) allows the Minister to seek a declaration from the Commonwealth Court of Conciliation and Arbitration regarding what constitutes fair and reasonable wages and conditions. This provision ensures that manufacturers are held to a standard that is equitable and reflective of the broader industrial context. Section 9a(3) further stipulates that if the wages or employment conditions are found to be less favourable than the prescribed or declared rates, the Minister has the authority to withhold all or part of the bounty owed to the manufacturer.
The obligations imposed by this Act on tractor manufacturers are clear and stringent. They must not only adhere to the specified rates of wages and conditions of employment but also certify these adherences accurately in their bounty claims. The Act places a responsibility on the Minister to ensure these standards are met, which involves making applications to the appropriate authorities when necessary to ascertain fair and reasonable rates. This creates a framework where both manufacturers and the Minister have defined roles and responsibilities in upholding fair industrial practices in the tractor manufacturing sector.
Failure to comply with the provisions of the Tractor Bounty Act (No. 2) 1939 can lead to significant consequences. If a manufacturer provides false certification regarding wages and conditions of employment, they risk having their bounty claim denied entirely or partially, as outlined in Section 9a(3). This denial can have substantial financial implications for the manufacturer, effectively penalising them for non-compliance. Although the Act does not explicitly detail other penalties, the serious nature of the requirement implies that any deliberate or negligent misreporting could result in further scrutiny or legal action, thereby ensuring adherence to the legislative intent of maintaining fair industrial standards.