WIRE NETTING BOUNTY (No. 2).
No. 81 of 1939.
An Act to amend the Wire Netting 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 Wire Netting Bounty Act (No. 2) 1939.
(2.) The Wire Netting Bounty Act 1939, as amended by this Act, may be cited as the Wire Netting Bounty Acts 1939.
2. After section nine of the Wire Netting Bounty Act 1939 the following section is inserted:—
Rates of wages and conditions of employment.
“9a.—(1.) Where, in the locality where wire netting in respect of the production of which bounty is claimed is 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 that wire netting 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 wire netting 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 the wire netting were not less favourable to the persons so employed than the rates and conditions so prescribed or declared.
“(2.) If, in the locality where wire netting in respect of the production of which bounty is claimed is manufactured, the rates of wages and conditions of employment to be paid and observed in respect of any persons employed in the manufacture of that wire netting 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 Commonwealth, 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 wire netting 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 wire netting 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 thereupon not be payable.”.
Overview
The Wire Netting Bounty Act (No. 2) 1939 was enacted to amend the Wire Netting Bounty Act 1939, addressing the need for regulation of wages and employment conditions in the wire netting manufacturing sector. This legislation was enacted by the Parliament of the Commonwealth of Australia and commenced on 12th January 1940. The Act aimed to ensure that manufacturers claiming a bounty for the production of wire netting adhered to fair wages and employment conditions, aligning with either prescribed standards or those declared as fair and reasonable by the appropriate industrial authority. This was to prevent unfair labour practices and ensure that the bounty was not claimed under substandard employment conditions.
Scope and Application
The Wire Netting Bounty Act (No. 2) 1939 applies to manufacturers who are claiming a bounty for the production of wire netting within Australia. The Act mandates that manufacturers must certify that the wages and conditions of employment provided to their workers are not less favourable than the rates prescribed by industrial awards, orders, or determinations, or declared as fair and reasonable by the Minister. This requirement ensures that the bounty is not awarded to manufacturers who exploit their workforce by paying substandard wages or providing poor employment conditions. The Act operates on a Commonwealth level, meaning it applies across Australia and not just within a specific state or territory. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it does provide a mechanism for the Minister to intervene and declare fair and reasonable rates and conditions if no existing awards or agreements cover the relevant locality. This Act extends its application through subordinate instruments, which can specify additional details or clarifications regarding the implementation of its provisions.
Key Provisions
The Wire Netting Bounty (No. 2) Act 1939 introduces specific provisions that alter the original Wire Netting Bounty Act 1939, particularly in relation to the rates of wages and conditions of employment for workers in the wire netting industry. Under section 9a(1), manufacturers claiming a bounty for the production of wire netting must certify to the Collector that the wages and employment conditions for workers are not less favourable than those prescribed by an award, order, determination, or declared fair and reasonable by a relevant authority. This certification ensures that manufacturers adhere to standards set by the Commonwealth Court of Conciliation and Arbitration or other industrial authorities or agreements. Additionally, section 9a(2) allows the Minister to apply to the Chief Judge or a Judge of the Commonwealth Court of Conciliation and Arbitration for a declaration of fair and reasonable rates and conditions if no such standards have been previously established in the locality.
The obligations imposed on the parties governed by this Act are primarily on manufacturers claiming a bounty. They are required to ensure that the wages and conditions of employment for workers in the wire netting industry meet or exceed the prescribed or declared rates and conditions. Manufacturers must certify this compliance to the Collector as part of their bounty claim. Furthermore, section 9a(3) mandates that if the Minister determines that the wages or conditions are less favourable than those specified, the Minister has the authority to direct that all or part of the bounty be withheld.
The Act also delineates consequences for non-compliance. If the Minister finds that the rates of wages paid or the conditions of employment observed are less favourable than those prescribed or declared, the Minister may direct that the whole or any part of any bounty shall not be payable. This directive effectively serves as a penalty for manufacturers who fail to meet the mandated standards, ensuring that the bounty is only awarded under compliant conditions. The maximum penalty, however, is not explicitly stated in the provided text, but the withholding of bounty can be considered a significant deterrent to non-compliance.