PART VIII. DIVISION III. Notice that Board is to be appointed. New. Provision for appoint The Factories Act.-1907. 84. (1) The Minister shall publish in the Gazette a notice which shall 1. Specify the process, trade, business, occupation, or calling, or group or part, in respect of which such Board is to be appointed; and 11. Fix a date on or before which every employer engaged in such process, trade, business, occupation, or calling, or group or part, shall forward to the Chief Inspector a return containing (a) The employer's full name, address, and occupation ; and (b) Particulars of the names, work, and wages of the persons employed by him therein. (2) Every employer shall duly forward the return mentioned in sub-paragraph 11. of subsection (1). Penalty, Ten Pounds. (3) The Chief Inspector shall prepare a summary of such returns for the information of the Minister. (4) The Minister may nominate persons for appointment on such ment after nomination Board as representatives of employers and representatives of of representative members of Board without previous election. employés. (5) The Minister shall publish in the Gazette a notice setting out Factories Act, 1906, the names, addresses, and occupations of the persons nominated. sec. 8. Vic. Act No. 1975, sec. 77. Objections to persons nominated and election. Factories Act, 1906, sec. 8. Vic. Act No. 1975, sec. 77. 85. (1) The Governor shall appoint the persons so nominated, unless objected to, pursuant to subsection (2). (2) If in the opinion of the Minister, having regard to the records contained in the latest report of the Chief Inspector or the summary mentioned in subsection (3) of section 84 (a) Not less than one-fifth of the employers have objected in writing to the persons nominated as the representatives of employers; or (b) Not less than one-fifth of the adult employés have objected in writing to the persons nominated as the representatives of employés, the representatives of the employers or employés so objected to shall be elected in manner prescribed. (3) Objections to nominations may be made within twenty one days from the date of the publication of such nominations. (4) The Governor shall appoint the persons so elected. (5) When the representatives of employers and employés have been appointed the Governor shall publish such appointment in the Gazette. DIVISION (a) Consist of not less than four nor more than ten representative Factories Act, 1906, members and a Chairman; and (b) Be appointed for a period of three years from the date of appointment of the Chairman. sec. 6. 87. (1) The majority of the representative members of every Appointment of Board, before exercising any powers conferred upon them by this Chairman. Act, shall nominate in writing some person (not being one of such members) to be Chairman of such Board, and such' person shall be appointed by the Governor to such office. (2) In the event of such nomination not being made within twenty-eight days from the appointment of such Board, the Governor may appoint any Stipendiary Magistrate as such Chairman until a Chairman shall be nominated by the said Board. (3) In the event of any vacancy occurring in the office of Chairman of any Board, such vacancy shall be filled in manner aforesaid. (4) The Chairman shall be deemed a member of the Board, and the Governor shall publish his appointment in the Gazette. 88. All powers of a Board may be exercised by a majority of the Exercise of powers. members thereof present at any meeting. Factories Act, 1906, sec. 14. Vic. Act No. 1975, sec. 84 89. The Governor may, by order published in the Gazette, remove Governor may any member. remove member of Board. Factories Act, 1906, sec. 6. Vic. Act No. 1975, sec. 75. 90. A member may resign by writing under his hand, addressed Resignation of and forwarded to the Minister. member of Board. Governor may appoint in certain cases. Factories Act, 1906, sec. 11. 91. (1) The Governor may appoint a person to fill a vacancy caused by death, resignation, or removal of a member, or under an order of Justices pursuant to section 147: Provided that if within fourteen days of such vacancy occurring, a majority of the represen- Vic. Act No. 1975, tatives on the Board of the employers or employés, as the case may sec. 81. bc, nominate a person to be appointed to fill such vacancy, the Governor shall appoint the person so nominated. (2) No person shall be so appointed unless qualified for nomination. under section 82. (3) The term of office of a member so appointed shall be limited to the residue of the term of office for which such Board is appointed. (4) A person so appointed shall be deemed to have been elected by the employers or employés, as the case may be. 92. During PART VIII. DIVISION IV. Effect of vacancy. The Factories Act.-1907. 92. During a vacancy in a Board (other than in the office of Factories Act, 1906, Chairman) the continuing members may, unless a member objects, act as if no vacancy existed. sec. 15. Vic Act No. 1975, sec. 85 DIVISION V. Board to determine lowest price or rate of payment. DIVISION V.-OBJECTS AND DUTIES OF BOARDS. 93. Every Board, so far as regards the particular process, trade, business, occupation, or calling, or group or part, for which it is Factories Act, 1906, appointed secs. 6, 17. Vic. Act No. 1975, sec. 87. Board shall also fix maximum number of hours, &c. Factories Act, 1906, sec. 20. Vic. Act No. 1975, sec. 90. Wages for time worked in excess of maximum, &c. Number of improvers. Factories Act, 1906, sec. 21. Vic Act No. 1975, sec. 91. Outside work in clothing trade to be at piece-work rates. Factories Act, 1906, sec. 17. Vic. Act No. 1975, sec. 87. Wages prices or rates for machine hands if requested. Rates for furniture to be both piece-work and wages rates if practicable. Factories Act, 1906, sec. 18. Vic. Act No. 1975, sec. 88. Piece-work rate, when fixed by Board, to be based on wages rate. Factories Act. 1906, sec. 19. Vic. Act No. 1975, sec. 89. 1. May classify the employés : 11. Shall determine the lowest prices or rates of payment which may be paid: (a) To each class; or (b) For any specified work: III. Shall fix the maximum number of hours per week in respect of which such wages prices or rates shall be paid: Iv. Shall determine wages prices or rates higher than those determined for such maximum number of hours, which shall be paid to male employés over sixteen years of age in respect of time above such maximum worked in any week: v. Shall fix the maximum number or proportionate number of improvers who may be employed by an employer, with power to fix a different proportion of male and female improvers. vi. Shall, by notice published in the Gazette, prescribe, as regards persons thereafter apprenticed, a form of indenture of apprenticeship, and may by such notice prescribe the term of such apprenticeship, such term being not less than three years. 94. Notwithstanding the provisions of section 93- (a) The Board shall, as regards work done outside a factory in respect of the manufacture or preparation of articles of clothing or wearing apparel, fix piece-work prices or rates, and not wages prices or rates: (b) The Board shall, if requested by an employer, fix wages prices or rates for his machine hands: (c) The Board shall, as regards work done in respect of the manufacture or preparation of furniture, fix, wherever practicable, both piece-work prices or rates and wages prices or rates: (d) Where the Board fixcs both picce-work prices or rates and wages prices or rates for any work the piece-work prices or rates shall be based on the wages prices or rate; but no determination shall be questioned or challenged for noncompliance with this subsection. 95. In The Factories Act.-1907. PART VIII. DIVISION V. 95. In making a determination as to prices or rates, every Board Principles of determi shall be bound by the following rules: 1. The Board shall, upon such evidence as it may deem satisfactory, ascertain as a question of fact the average prices or rates of payment (whether piece-work prices or rates or wages prices or rates) paid by reputable employers to employés of average capacity: II. The lowest prices or rates determined shall not exceed the average prices or rates so ascertained: III. The Board shall take into consideration (a) The nature, kind, and class of the work; nation by Boards. Factories Act, 1906, sec. 13. Vic. Act No. 1975, sec. 83, altered. Factories Act, 1906, sec. 6, subsec. (3). (b) The mode and manner in which the work is to be done; Vic. Act No. 1975, (c) The age and sex of the workers, and, in addition, as re gards apprentices and improvers, their experience at (d) Any matter prescribed. 96. (1) The Board shall report to the Court of Industrial Appeals whenever the average prices or rates ascertained under section 95, subsection I., are not sufficient, in its opinion, to afford a reasonable limit for its determination. (2) Thereupon such Court shall fix the lowest prices or rates to be paid, and may disregard the provisions of section 95, subsection I. (3) The Board shall embody in its determination the prices or rates so fixed by the Court. sec. 75. Board to report to reasonable limit. Court when no apprentices. 97. (1) A person at the time of the passing of this Act employed Special provisions for as an apprentice under an agreement which does not contain a covenant to teach may enter into indentures of apprenticeship which bind New. the employer to instruct such person in the particular process, trade, business, occupation, or calling carried on by such employer, or some specified part thereof approved by the Chairman, and upon such terms and for such period as the Chairman may in writing approve. (2) A person who is over the age of eighteen years and under the age of twenty-one years may enter into indentures of apprenticeship which bind the employer to instruct such person in the particular trade, process, business, occupation, or calling carried on by such employer, or some specified part thereof. (3) After the expiration of one month from the publication of the notice under section 93, subsection vi., and subject to subsection (1) of this section, no employer shall take an apprentice except under indentures in the form and for the term fixed by such notice or by this Act; and indentures contravening the provisions of this subsection shall be void. Penalty, Twenty Pounds. 98. (1) The PART VIII. DIVISION V. Power of Chairman of Board to administer oaths. The Factories Act.-1907. 98. (1) The Chairman may require a person (including a member of the Board) giving evidence before the Board to give his Factories Act, 1906, evidence on oath. sec. 16. Experience of apprentice, &c., how Factories Act, 1906, calculated. sec. 24. Vic. Act No. 1975, sec. 94. Brushmakers in at piece-work rates only. (2) The Chairman may administer such oath. 99. Every employer shall pay to an employé who in any week works less than the maximum number of hours fixed under section 93, subsection 111., a pro rata amount of the wages price or rate determined for such maximum number of hours. Penalty, Five Pounds. 100. All the time during which an apprentice or improver has worked at the process, trade, business, occupation, or calling in which he is for the time being employed, shall be reckoned in calculating his experience, whenever by the determination of the Board his wages are to vary in accordance with his experience. 101. No person engaged in brushmaking in a charitable incharitable institutions stitution or an institution for the blind shall be bound by any determination of the Brushmakers' Board, except so far as such determination fixes a piece-work rate. Penalty Five Pounds. DIVISION VI. Piece-work rate may DIVISION VI.-PIECE-WORK RATES MAY BE FIXED BY EMPLOYER. 102. (1) A Board, instead of determining the lowest piece-work be fixed by employer prices or rates in certain cases. Factories Act, 1906, sec. 28. Vic. Act No. 1975, sec. 98. Piece-work rates to be based on earnings of average worker. Statement to Chief When piece-work rate fixed, offering (a) May fix the lowest wages prices or rates; and (b) May determine that piece-work prices or rates based thereon may be fixed and paid by the employer. (2) Every such employer shall base such piece-work prices or rates on the earnings of an average worker— (a) Working at work similar to that for which the piece-work prices or rates are fixed; and (b) Being paid at the wages rates fixed by such Board. (3) Such employer shall, when required by the Chief Inspector, forward to him a statement of such piece-work prices or rates. (4) No employer who has so fixed piece-work prices or rates lower rate an offence. shall, either directly or indirectly, or by any pretence or device, pay or offer, or attempt to pay, any employé, at lower prices or rates. (5) The onus of proof that this section has been complied with shall lie on the defendant. Penalty, for the first offence Two Pounds, and for every subsequent offence Ten Pounds. DIVISION VII-AGED, SLOW, AND INFIRM WORKERS. 103. (1) The Chief Inspector may grant to an aged, slow, or infirm worker a licence to work at a wage less than the wage fixed. by the Board. (2) The |