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The Factories Amendment Act.—1900.
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PART 11. PART II.
BOARDS. 13. In order to facilitate the working of this Act, and also in Power to appoint order to determine the lowest price or rate which may be paid to
a board to fix prices any persons, or classes of persons, for wholly or partly preparing or See Vict. Bill. 1899. manufacturing either inside or outside a factory any particular articles sec. 16. connected with, or to any persons, or classes of persons, employed in the manufacture of clothing, including white work, boots and shoes, furniture, or bread, and such other manufacture, process, trade, or business as may be from time to time fixed and determined by the resolution of Parliament, the Governor may, by Proclamation in the Government Gazette, direct the election of Boards consisting of not less than four or more than ten members and a chairman,
Of such members one-half shall be elected by and consist of Constitution of Board. registered employers, and one-half by and consist of registered See Vict. Bill, 1899, employés. Lists of voters shall be prepared and the election and set.
sec. 16, sub-sec. 2. method of registration of voters shall be conducted in manner to be prescribed by regulations, which shall specify the time within which the election is to take place. Should no election take place within the time specified, the Governor may, by Proclamation in the Government Gazette, appoint such Board or Boards or such member or members of any Board as may be thought proper. A Judge of the Supreme Court or a Special Magistrate shall act as Chairman of the Board, and shall be appointed by the Governor.
Members of Boards shall hold office for twelve months only.
Term of office.
All powers of any Board may be exercised by a majority of the Quorum. members thereof. In the event of equality of voting the chairman See Vict. Bill, 1899,
sec. 16, sub-sec. 3. shall have a casting-vote.
14. To aid the Board in facilitating the working of this Act each Inspectors subject to Board may, as regards the particular process, trade, or business in control of Boards. respect to which it shall have been appointed, issue any written directions to any inspector not inconsistent with this Act, which directions shall be obeyed by the inspector.
15. In fixing the prices or rates the Board shall take into con- Board to determine sideration the nature, kind, and class of the work, and the mode lowest price or rate
C of payment. and manner in which the work is to be done, and the age and sex See Vict, Bill. 1899. of the workers, and any matter which may from time to time be sec. 16, sub-sec. 1. prescribed, or which the Board considers may affect such prices or rates. So far as regards any articles, process, trade, or business in respect to which any Board is appointed, every such Board shall determine and specify the lowest price or rate of payment payable to any persons, or classes of persons, employed in such process, trade, or business, or for wholly or partly preparing or manufacturing any such articles,
The Factories Amendment Act.—1900.
16. A copy of succes such determination
by the person who
16. A copy of such determination shall be given to every person Copy of determination who at any time after such determination is in force prepares or to be given to outside manufactures any such articles outside a factory by the person who workers.
directly or indirectly issues or gives out, or authorises or permits to be issued or given out, any material for the purpose of being prepared or manufactured outside a factory or work room.
Outside work to be 17. Such price or rate of payment shall, in the case of work to be piece-work rate only. See Vict. Bill, 1899,
· done outside a factory, be fixed at a piece-work price or rate only sec. 16, sub-sec. 5.' for wholly or partly preparing or manufacturing articles of clothing,
or wearing apparel, or boots or shoes; but, for every other kind of work it may be fixed at a piece-work price or rate or a wages price or rate, or both, as the Board thinks fit. The Board shall fix a wages rate for any work such as is done by persons operating at a machine used in any factory.
Price or rate as
18. Every determination of any Board shall be and remain in determined to remain in force until altered force from some date to be fixed by such Board (not being within by a Board.
fourteen days from the making of such determination) until altered See Vict. Bill, 1899,
9, or revoked by the determination of any Board. sec. 16, sub-sec. 6.
19. When determining any price or rate of payment every Board shall also determine the number or proportionate number of apprentices and improvers who may be employed within any factory, and the lowest price or rate of pay payable to such apprentices or improvers when wholly or partly preparing or manufacturing any articles as to which any Board has made a determination, or when engaged in any process, trade, or business respecting which any Board has made a determination.
Special rates in special cases.
20. The Board may permit the employment at special rates of any persons who by reason of age or physical infirmity are unable to find employment at the general prices or rates fixed by the Board.
21. Where a price or rate of payment for or the hours of labor ill, 1839, of any persons or classes of persons employed in any process, trade,
or business, or for wholly or partly preparing or manufacturing any articles as aforesaid, has been determined or limited by the Board and is in force, then any person 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 process, trade, or business, or (other than persons coming within the operation of the last preceding section) 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, who employs or attempts or permits or authorises to be employed any person for longer or different hours of labor than the hours determined or limited by the Board, or who attempts to employ or employs or authorises or permits to be employed any apprentice or improver in excess of the number or proportionate
The Factories Amendment Act.—1900.
number determined by the Board, or who is guilty of a breach of any of the provisions of this part of this Act, shall, ou conviction, pay a penalty for the first offence of not more than Ten Pounds, and for the second offence of not less than Five Pounds mor more than Twenty-five Pounds, and for a third or any subsequent offence of not less than Fifty Pounds nor more than One Hundred Pounds; and the registration of the factory or workroom of any person who is convicted under this section of a third offence shall, without further or other authority than this Act, be forthwith cancelled by the Chief Inspector: Provided that such cancellation may be annulled by the Board: Provided that in the event of any excess number of apprentices or improvers being unavoidable from causes such as slackness of trade or illness, then three months shall be allowed to adjust the proportion. And in like manner any determination of any Board limiting number of apprentices or improvers when first applied shall not come into force for six months from date of publication. This section shall not apply to any extra hours of work occasioned by urgent necessity or by breakdown of machinery if notice in writing of such urgent necessity or breakdown be sent to the Chief Inspector within forty-eight hours, such overtime to cease if so ordered by the Chief Inspector or by the Board.
22. The determination of any Board as regards prices or rates Publication of
W hed in ho determination. shall be signed by the chairman thereof and published in The
1 See Vict, Bill, 1899, Government Gazette, and shall apply to all places to which the sec. 16, sub-sec. 10. determination may be expressly applied by the Governor by a notification published in the Government Gazetie.
23. The production before any Court, Judge, or Justices of a Government Gazette
to be primâ facie copy of the Government (azette containing the determination of any evidence." Board shall be primú facie evidence of the due making and existence See Vict. Bill, 1899, of such determination and of the due appointment of such Board, se and of all preliminary steps necessary to the making of such determination.
24. When the Board enumerates several operations in the des- Effect on piece-work
rate of varying usual cription of the work in any determination, and when any one or cou more of such operations is omitted by the direction or with the ex- See Vict. Bill, 1899, pressed or implied consent of the occupier of the factory or his sec. 16, sub-sec. 12. manager, foreman, or agent, 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.
25. When in any determination any Board has fixed a wages rate Piece-work rate not to only, then it shall not be lawful for any person to pay, or authorise,
or authoriso be paid when only
se, wages rate fixed.' or permit to be paid therefor any piece-work rates, and the receipt See Vict. Bill, 1899. and acceptance of any piece-work rate shall not be deemed to be sec. 10, sub-sec. 13. payment or part payment of any such wages.
The Factories Amendment Act.–1900.
PART 11. 26. Any Board, instead of specifying the lowest piece-work prices Board may give
or rates which may be paid for wholly or partly preparing or opinion in certain manufacturing any articles, may determine that piece-work prices or
rates based on the wages rates fixed by such Board may be fixed See Vict. Bill, 1899, sec. 16. sub-sec. 15. and paid therefor, as provided in the next following section.
Manufacturer to fix 2 7. Any person who, pursuant to such determination, fixes and piece-work rates on basis of wages rates. pays piece-work prices or rates shall base such piece-work prices or See Vict. Bill, 1899, rates on the earnings of an average worker working under like sec. 16, sub-sec. 16.
conditions to those for which the piece-work prices or rates are fixed, and who is paid by time at the wages rates fixed by such Board, and shall, if required by the Chief Inspector so to do, forward a statement of such prices or rates to the Chief Inspector.
Lower rate not to be 28. Any person who having fixed a piece-work price or rate, offered or paid.
299, either directly or indirectly or by any pretence or device, pays or sec. 16, sub-sec 7. offers or permits any person to offer or attempts to pay any person
a piece-work price or rate lower than the price or rate so fixed by him shall be deemed to be guilty of a contravention of this Act.
Onus of proof.
29. In proceedings against any person for a contravention of the See Vict. Bill, 1899,
i provisions of sections 27 or 28 the onus of proof that any piece-work
price or rate fixed or paid by such person is in accordance with the provisions of such section shall in all cases lie on the defendant.
Registration of places
30. The occupier of every place where a process, trade, or business to which the determination of any Board applies is carried on, and which is not registered as a factory, shall register with the Chief Inspector his full name, and the locality (giving the name of the street and the number, if any) of such place, and the provisions of Part I. of this Act shall apply to every such place, and to the occupier thereof, as if in such Part the word “factory” included a place where such process, trade, or business is carried on; and with regard to such place, and the occupier thereof, and his agents, servants, and employés, and the books, register, and documents therein, every inspector of factories shall have the like powers as such inspector would have had if such place had been a factory.
Board to determine 31. Where any persons or classes of persons are employed by outside rates if directed by Governor. any employer in preparing or manufacturing articles, the lowest See Vict. Bill, 1899, prices or rates of payment for preparing or manufacturing which sec. 20.
have been determined by a Board, then, if so directed by the Governor, any Board shall also determine the lowest prices or rates of payment which may be paid by any employer to such persons or classes of persons for wholly or partly preparing or manufacturing, either inside or outside a factory, any particular articles whatsoever.
Employés not to be
32. Where a piece-work price or rate or a wages price or rate has been fixed by the determination of any Board for wholly or partly preparing or manufacturing, either inside or outside any factory, any articles, or for doing any work, no person shall, either directly or indirectly, require or compel any person affected by such
determination The Factories Amendment Act.—1900.
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 for any such wages.
33. Where any employer employs any person who does any Prices and rates may
be recovered, work for him for which a Board has determined the lowest price or notwithstanding any rates, then such employer shall be liable to pay, and shall pay in agreen
contrary. full in money, without any deduction whatever, to such person the
See Vict. Bill, 1899, price or rate so determined; and such person may, within twelve sec. 22. 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.
34. The Governor may, by order published in the Government Short title of Boards. Gazette, direct that any Board may, in any regulation, determination, See Vict. Bill. 1899. order, or instrument, or legal proceedings, be described for all pur- sec. 23. poses by some short title to be specified in such order.
35. Any person who either directly or indirectly, or by any pre- No premium to be tence or device, requires or permits any person to pay or give, or p
apprentice. who receives from any person any consideration, premium, or bonus See Vict. Bil. for engaging or employing any female as an apprentice or improver sec. 24. in preparing or manufacturing articles for clothing or wearing apparel shall be guilty of an offence, and shall be liable on conviction to a penalty not exceeding Ten Pounds.
36. When any Board has fixed a certain wages price or rate for Wages for longer or
shorter time to be pro a stated length of time each day, then the wages price or rate to be paid for any longer or shorter time worked shall be not less See Vict. Bill, 1899, than a proportional amount of such price or rate.
37. Where by any determination of a Board both a piece-work Piece-work rate to be
based on wages rate. price or rate and a wages price or rate are fixed for any work the se
a for any work the See Vict. Bill, 1899, piece-work price or rate shall be based on the wages price or rate, sec. 28. but no determination shall be liable to be questioned or challenged 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.
38. No person whosoever, unless in receipt of a weekly wage Minimum wage in
factory or workroom. of at least Four Shillings, shall be employed in any factory, or in
See Vict. Act 1416, wholly or partly preparing or manufacturing any article for trade sec. 16. or sale.
No person shall pay or return to his employer, and no employer Premium forbidden shall accept or receive back, any part of any weekly wage by way of premium or otherwise. B-752