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The Factories Act.—1907.
84. (1) The Minister shall publish in the Gazette a notice which
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;
(b) Particulars of the names, work, and wages of the
persons employed by him therein. ) Every employer shall duly forward the return mentioned in sub-paragraph 1. of subsection (1). Penalty, Ten Pounds. 6. (3) The Chief Inspector shall prepare a summary of such returns
for the information of the Minister. Provision for appoint- (4) The Minister may nominate persons for appointment on such mentafter nomination Board ation Board as representatives of employers and as renresentati
representatives of members of Board employés. without previous election.
(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. 1976, sec. 77. Objections to persons 85. (1) The Governor shall appoint the persons so nominated, nominated and election.
unless objected to, pursuant to subsection (2). Factories Act, 1906, (2) If in the opinion of the Minister, having regard to the records sec. 8. Vic. Act No. 1975,
contained in the latest report of the Chief Inspector or the summary sec. 77.
mentioned in subsection (3) of section 84–
writing to the persons nominated as the representatives of
employers ; or (6) 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.
When the representatives of employers and employés have been appointed the Governor shall publish such appointment in the Gazette.
The Factories Act.—1907.
PART vill. Division IV.-GENERAL ProvisioNS RELATING TO CONSTITUTION
DIVISION IV. OF BOARDS.
Number of members 86. Every Board hereafter appointed shall
and term of office. (a) Consist of not less than four nor more than ten representative Factories Act, 1996,
members and a Chairman; and (6) Be appointed for a period of three years from the date of
appointment of the Chairman.
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.
Factories Act, 1906, members thereof present at any meeting.
sec. 84 89. The Governor may, by order published in the Gazette, remove Governor may any member,
sec. 75. 90. A member may resign by writing under his hand, addressed Resignation of
member of Board. and forwarded to the Minister.
91. (1) The Governor may appoint a person to fill a vacancy Governor may appoint caused by death, resignation, or removal of a member, or under an
loon in certain cases. order of Justices pursuant to section 147: Provided that if within Faetories Act, 1906,
sec. 11. fourteen days of such vacancy occurring, a majority of the represen- Vic. Act tatives on the Board of the employers or employés, as the case may sec. 81. be, 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.
The Factories Act.—1907. DIVISION iv. Effect of vacancy. 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, sec. 15. Vic Act No. 1975, act as if no vacancy existed. sec. 85 DIVISION V.
Division V.-OBJECTS AND DUTIES OF BOARDS. Board to determine lowest price or rate
93. Every Board, so far as regards the particular process, trade, of payment. business, occupation, or calling, or group or part, for which it is Factories Act, 1906, appointedsecs. 6, 17.
1. May classify the employés : Vic. Act No. 1976, sec. 87.
II. Shall determine the lowest prices or rates of payment which
may be paid : Board shall also fix
(a) To each class; or maximum number of hours, &c.
(6) For any specified work: Factories Act, 1906, sec. 20.
JU. Shall fix the maximum number of hours per week in respect Vic. Act No. 1971,
of which such wages prices or rates shall be paid : sec. 90. Wages for time
W. Shall determine wages prices or rates higher than those worked in excess of maximum, &c.
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 : Number of
v. Shall fix the maximum number or proportionate number of improvers.
improvers who may be employed by an employer, with Factories Act, 1906, sec. 21.
power to fix a different proportion of male and female Vic Act No. 1975,
improvers. sec. 91.
vi. Shall, by notice published in the Gazelle, 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.
Outside work in
94. Notwithstanding the provisions of section 93 --
respect of the manufacture or preparation of articles of
and not wages prices or rates: (6) 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 :
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.
(d) Where the Board fixes 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 non-' compliance with this subsection.
The Factories Act.—1907.
Division v. 95. In making a determination as to prices or rates, every Board Principles of determi. shall be bound by the following rules :
nation by Boards.
Factories Act, 1906, 1. The Board shall, upon such evidence as it may deem satis
Vic. Act No. 1975, factory, ascertain as a question of fact the average prices or sec. 83, altered. rates of payment (whether piece-work prices or rates or wages prices or rates) paid by reputable employers to
employés of average capacity: 11. The lowest prices or rates determined shall not exceed the
average prices or rates so ascertained : ul. The Board shall take into consideration(a) The nature, kind, and class of the work;
Factories Act, 1906,
sec. 6, subsec. (3). (6) The mode and manner in which the work is to be done; Vic. Act No. 1976,
the process, trade, business, occupation, or calling; and
96. (1) The Board shall report to the Court of Industrial Board to report to
Court when ao Appeals whenever the average prices or rates ascertained under reasonable limit. section 95, subsection 1., 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 1.
(3) The Board shall embody in its determination the prices or rates so fixed by the Court.
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 cove. af nant 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 trom 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 E—945
The Factories Act.—1907. DIVISION v. Power of Chairman of 98. (1) The Chairman may require a person (including a Board to administer oaths.
member of the Board) giving evidence before the Board to give his Factories Act, 1906, evidence on oath. sec. 16. Vic. Act No. 1975, (2) The Chairman may administer such oath. sec. 86. Wage for less than 99. Every employer shall pay to an employé who in any week maximum hours to be
works less than the maximum number of hours fixed under section 93,
more loss than the mo pro rata. Factories Act, 1996, subsection III., a pro rata amount of the wages price or rate detersec. 20.
mined for such maximum number of hours. Vic. Act No. 1975, sec. 90.
Penalty, Five Pounds.
100. All the time during which an apprentice or improver has •, how worked at the process, trade, business, occupation, or calling in calculated. Factories Act, 1906, which he is for the time being employed, shall be reckoned in calcusec. 24.
lating his experience, whenever by the determination of the Board Vic. Act No. 1975, sec. 94.
his wages are to vary in accordance with his experience. Brushmakers in
101. No person engaged in brushmaking in a charitable incharitable institutions stitution or an institution for the blind shall be bound by any at piece-work rates only.
determination of the Brushmakers' Board, except so far as such
Division VI. Division VI.-PIECE-WORK RATES MAY BE FIXED BY EMPLOYER. Piece-work rate may 102. (1) A Board, instead of determining the lowest piece-work be fixed by employer prices or ratesin certain cases. Factories Act, 1906, (a) May fix the lowest wages prices or rates; and sec. 28. Vic. Act No. 1975,
(6) May determine that piece-work prices or rates based thereon sec. 98.
may be fixed and paid by the employer. Piece-work rates to ) Every such employer shall base such piece-work prices or be based on earnings of average worker. 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
(6) Being paid at the wages rates fixed by such Board. Statement to Chief (3) Such employer shall, wlien required by the Chief Inspector, Inspector.
forward to him a statement of such piece-work prices or rates. When piece-work (4) No employer who has so fixed piece-work prices or rates rate fixed, offering
ce. 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. Proof that piece-work (5) The onus of proof that this section has been complied with price corresponds to wages rate.
shall lie on the defendant.
Aged, slow, or
' 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.
be less than the