The Factories Act.-1907. (2) The Chief Inspector shall not grant such licence until satisfied that such worker is, by reason of age, slowness, or infirmity, unable to obtain employment at the wage fixed by the Board. (3) Such licence- (a) Shall specify the wage at which such worker is licensed to work; and (b) May be renewed; and (c) Shall be in force for any period specified therein not exceeding twelve months from date of issue or renewal. PART VIII. DIVISION VII. Vic. Act No. 1975, sec. 99. (4) An appeal shall lie from a refusal by the Chief Inspector to Appeal. grant such licence. (5) Such appeal shall be to the Board, which may (a) Uphold such refusal; or (b) Fix the wage and direct such Inspector to issue a licence. (6) No employer shall, without the consent of the Board, employ any number of licensed aged, slow, or infirm workers exceeding onefifth of the whole number of persons employed by him in the particular process, trade, business, occupation, or calling at the wage fixed for adults or at piece-work rates. (7) Notwithstanding subsection 6, every employer may employ one licensed slow worker. 104. No person shall, either directly or indirectly, or by any pre- Penalty. tence or device, pay or offer to pay any such aged or infirm or slow worker at a wage lower than that specified in such licence. Penalty, for the first offence Two Pounds, and for every subsequent offence Ten Pounds. DIVISION VIII.-DURATION, PUBLICATION, AND APPLICATION OF DETERMINATIONS. 105. (1) The determination of a Board shall DIVISION VIII. Determination to remain in force (a) Be signed by the Chairman and forwarded by him to the until altered. Minister; (b) Be forthwith published by the Minister in the Gazette; Factories Act, 1906 sec. 30. Vic. Act No. 1975, (c) Come into force on a date to be fixed by the Board, and sec. 100. being not less than thirty days after the making thereof. (2) The determination of a Board, including any determination referred to in section 79, shall— (a) Apply to all employers and employés who are engaged in the particular process, trade, business, occupation, or calling, or group or part I. Within the metropolitan area; and 11. Within any other locality or area specified by the and DIVISION X. Powers of Inspector. The Factories Act.-1907. (b) Remain in force until altered by such Board under section 107, or pursuant to an order of the Court of Industrial Appeals, or by a subsequent Board; (c) When so altered, shall remain in force as altered. 106. No determination of a Board shall apply to a child of the employer. DIVISION IX.-SUSPENSION OF DETERMINATION. 107. (1) Notwithstanding section 105, the Governor may, by Order published in the Gazette, suspend the operation of the whole or any part of the determination of a Board. (2) Thereupon such Board (a) Shall reconsider such determination, or part thereof, and take evidence thereon; and (b) May either alter or adhere to the same. (3) If the Board makes an alteration, its determination as altered-(a) Shall be forwarded by the Chairman to the Minister; (b) Shall be forthwith published by the Minister in the Gazette ; (c) Shall for all purposes be the determination of the Board. (b) The Governor shall thereupon, by Order published in the (c) Such revocation shall take effect from a date, not later than fourteen days, to be fixed in such Order. DIVISION X.-POWERS AND DUTIES OF INSPECTORS. 108. (1) Every inspector as regards any premises or place wherein Factories Act, 1894, is carried on any process, trade, business, occupation, or calling, or sec. 8. see Vic. Act No. 1975, sec. 15. group or parts for which a Board is appointed, may (a) Enter, inspect, and examine any such premises or place at any time when he has reasonable cause to believe that any person is employed therein: (b) Take with him a constable when he has reasonable cause to apprehend any serious obstruction in the execution of his duty: (c) Question, with respect to matters under this Act, every person whom he finds in or about such premises or place, or whom he has reasonable cause to believe to be or to have been The Factories Act.-1907. within the preceding two months employed therein, and (d) Require the production of any book, notice, record, list, or (e) Require the production of, and inspect, examine, and copy all pay-sheets or books wherein an account is kept of the actual wages (whether by piece or not) paid to any employé whose wages are fixed by a Board: (f) Exercise such powers and authorities as may be prescribed. PART VIII. DIVISION X 109. (1) An inspector entering, inspecting, and examining any Inspector may be such premises or place may take with him an interpreter. (2) Any question or requisition made on behalf of such inspector by such interpreter shall be deemed to have been put or made by the inspector, and the answer thereto made to the interpreter shall be deemed to have been made to the inspector. 110. Every employer shall at all reasonable times furnish the means required by an inspector necessary for the exercise of his duties and powers. accompanied by sec. 16. Ibid. Occupiers to allow entry and inspection. Factories Act, 1894, sec. 10. Vic. Act No. 1975, sec. 17. 111. Every order, requisition, or determination made by an Orders, &c., to be in inspector shall be in writing, and served on the employer. 112. Every inspector— (a) Shall be furnished with a certificate of his appointment; and (b) On applying for admission to any such premises or place shall, if required, produce such certificate to the employer or person in charge. 113. No person shall writing. inspectors. Factories Act, 1894, sec. 8. 8.-C. 19. Obstruction a breach of this Act. (a) Obstruct or wilfully delay an inspector or interpreter in the Factories Act, 1894, execution of his duties or powers; or sec. 11. (b) Omit to comply with the requirements of section 110, or of secs. 17 and 18. any direction which the inspector is authorised to give pursuant to this Act; or (c) Omit to truly answer or reply to any question which any inspector is authorised to ask under section 108; or (d) Fail to produce any book, notice, record, list, or document which, pursuant to section 108, he is required by an inspector to produce; or (e) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do. Penalty, Ten Pounds. DIVISION PART VIII. DIVISION XI. Minimum wage in factory. Vic. Act No. 1975, sec. 48. No premium to be demanded for female apprentices or improvers. Factories Act, 1900, sec. 35. Vic. Act No. 1975, sec. 49. Certain guarantees illegal. Vic. Act No. 2008, sec. 11. DIVISION XII. Payment of employé engaged in two or more classes of work. Factories Act, 1906, sec. 37, ss. 1. Vic. Act, 1975, sec. 107. Rate of wages throughout day. Factories Act 1906, sec. 37, 83. 2. Vic. Act No. 2008, sec. 15. The Factories Act.-1907. DIVISION XI.-MINIMUM WAGE AND PROHIBITION OF PREMIUMS 114. (1) No occupier of a factory shall pay any employé therein a weekly wage of less than Four Shillings. Penalty, Ten Pounds. 115. (1) No person shall either directly or indirectly, or by any pretence or device (a) Require or permit any person to pay or give, or any consideration, premium, or bonus for engaging or employing Penalty, Ten Pounds. (2) The person who pays or gives such consideration, premium, or bonus may recover the same in a Court of competent jurisdiction from the person who receives the same. Prohibition of Certain Guarantees. 116. (1) Except with the consent in writing of the Minister, no person shall require or permit any person (a) To pay a sum of money; or (b) To enter into or make a guarantee or promise requiring or undertaking that such person shall pay a sum of money, in the event of the behaviour or attendance or obedience of an apprentice, improver, or employé not being satisfactory to the employer. Penalty, Ten Pounds. (2) Any such guarantee or promise, or a guarantee or promise to the like effect, entered into or made after the commencement of this Act without such consent shall be void. (3) Any sum which after the commencement of this Act is paid in contravention of this section shall, unless repaid upon demand, be recoverable with costs in a Court of competent jurisdiction. DIVISION XII.-GENERAL PROVISIONS. 117. (1) Where an employé performs two or more classes of work to which a rate fixed by a Board is applicable, his employer shall pay such employé in respect of the time occupied in each class of work at the rate fixed by the Board therefor. (2) When an employé is, during any part of a day, employed at work for which a Board has fixed wages prices or rates, his employer shall pay such employé at such prices or rates for all work whatever done by him during such day for such employer. Penalty, Ten Pounds. 118. The The Factories Act.-1907. PART VIII. DIVISION XII. 118. The alteration, suspension, or avoidance of a determination Effect on legal proshall not affect (a) Legal proceedings theretofore commenced in relation to such determination; or ceedings of amendment of a determination. Factories Act 1906, sec. 38. (b) Rights existing at the time of such alteration, suspension, Vic. Act No. 1975, or avoidance. 119. Whenever (a) A Board has fixed piece-work prices or rates for work; and (b) Such Board has, in the description of such work, enumerated several operations; and (c) Any such operation is omitted with the express or implied consent of the employer, such omission shall not affect the prices or rates to be paid for such work, but such prices or rates shall, unless otherwise provided in such determination, be the prices or rates fixed for the whole work described. 120. Where a Board has fixed wages prices or rates and no piece-work prices or rates have been determined by the Board or fixed by the employer pursuant to section 102- sec. 108. (a) No employer shall, directly or indirectly, pay, or authorise or Vic. Act No. 1975, permit to be paid, piece-work prices or rates; and (b) Every employé shall be paid such wages prices or rates, and may recover the full amount thereof in a Court of competent jurisdiction, notwithstanding the receipt or acceptance of piece-work prices or rates. Penalty, Five Pounds. 121. When a Board has fixed piece-work prices or rates only sec. 112. Effect of fixing piecework rates only. (a) No employer shall, directly or indirectly, pay, or authorise or New. permit to be paid, wages prices or rates; and (b) Every employé shall be paid such piece-work prices or rates, and may recover the full amount thereof in a Court of competent jurisdiction, notwithstanding the receipt or acceptance of wages prices or rates. Penalty, Five Pounds. 122. (1) Every employer liable to pay wages prices or rates or piece-work prices or rates shall, notwithstanding any agreement to the contrary, pay his employés in money and not otherwise, and without deduction. Penalty, Twenty Pounds. (2) Every employé may recover in a Court of competent jurisdiction any amount not paid in accordance with subsection (1). (3) All proceedings under subsection (2) shall be commenced within twelve months. 123. (1) No |