The Factories Act.-1907. 123. (1) No employer engaged in a process, trade, business, occupation, or calling, or group or part, in respect whereof prices or rates have been fixed by a Board shall, directly or indirectly, pay any employé therein at a lower price or rate than that so fixed, and applicable to such employé. Penalty, Twenty Pounds. (2) Every employé may, notwithstanding any agreement to the contrary, recover in a Court of competent jurisdiction any amount short paid. (3) All proceedings under subsection (2) shall be commenced within twelve months. 124. No employer shall, directly or indirectly, employ any improver in excess of the number authorised by a determination under section 93, subsection (v.). Penalty, Twenty Pounds. DIVISION XIII.-COURT OF INDUSTRIAL APPEALS. 125. (1) A Court of Industrial Appeals is hereby constituted for the purpose of (a) Deciding all appeals against a determination of a Board; (c) Fixing the prices or rates pursuant to section 96; (u) Deciding, pursuant to section 148, all disputes as to the legality of a determination. (2) The Court shall consist of such Judge of the Supreme Court as the Governor may appoint. (3) If the Judge appointed is unable to act, the Governor may appoint any other Judge of the Supreme Court to constitute the Court during such inability. 126. The Governor may appoint a Registrar of the Court of Industrial Appeals. 127. (1) The Court shall appoint two assessors to assist the Court. (2) Within such time as the Court specifies, the representatives on the Board of the employers and of the employés may respectively nominate one of such assessors. (3) If default is made in nominating an assessor the Court may appoint an assessor without nomination. (4) Each assessor shall be paid a fee of One Pound for every day on which he attends the Court by order of the Court. 128. (1) An The Factories Act.-1907. PART VIII. DIVISION XIII. 128. (1) An appeal to the Court against a determination of a Appeal to Court. Board in force in the metropolitan area may be made— Factories Act, 1906, sec. 52. (a) By a majority of the representatives of employers on the Vic. Act No. 1975, Board; or (6) By a majority of the representatives of employés on the Board; or () By an employer or group of employers employing not less than one-quarter of the total number of employés subject to the determination; or (d) By not less than one-quarter of the employés subject to the determination. (2) An appeal to the Court against a determination of a Board in force in any particular locality or area outside the metropolitan area, and referred to in subdivision II. of section 105, may be made— (a) By not less than five employers in such locality or area, and who are subject to the determination; or (b) By not less than twenty-five employés employed in such locality or area, and subject to the determination. (3) For the purposes of subsections (1) and (2) the Court shall accept the records contained in the latest annual report of the Chief Inspector. (4) Such appeal may be made in the prescribed manner, and at any time. sec. 123. 129. The Minister may at any time refer any determination of a Reference by the Board for consideration by the Court. Minister to the Court. Factories Act, 1906, sec. 52. Vic. Act No. 1975, sec. 123. 130. No appeal against or reference to the Court of a determination Appeal not to suspend which has been published in the Gazette shall suspend or delay the determination. operation of such determination. Factories Act, 1906, sec. 52, ss. 3. 131. The Chief Inspector shall forward to the Registrar of the Documents to be Court (a) Every determination required by the Court; and (b) All documents necessary for the information of the Court. forwarded. Ibid, ss. 4. 132. (1) Except as herein provided, no solicitor or agent shall Appearance by be heard by the Court. (2) By the direction of the Court, or with the consent of both parties, either party may, at its own cost, be represented by a solicitor or agent. (3) In appeals under section 128 the Court may give such directions for the representation of parties as it may deem proper. 133. No F-945 solicitor or agent. Ibid, ss. 5. PART VI11. DIVISION XIII. Disclosure of trade secret. Ibid, sec. 52, ss. 8. Powers of Court as to Powers of Court. sec. 52, ss. 6. The Factories Act.-1907. 133. No evidence relating to a trade secret, or to the profits or financial position of a witness or party, shall be disclosed or published without the consent of the person entitled to the trade secret or non-disclosure, 134. (1) The Court (a) On an appeal under section 128, subsection (1), may order the Board to alter or may confirm the determination; (b) On an appeal under section 128, subsection (2), may order the Board to alter or may confirm the determination, so far as the same applies, either within the whole of the locality or area referred to in such subsection or a particular part thereof to be specified in the order of the Court. (c) On a reference under section 129 may order the Board to alter or may confirm the determination referred to. (2) The order of the Court shall specify the alteration to be made by the Board. (3) The Board shall make such alterations accordingly. 135. The Court may exercise, in respect of the summoning and Factories Act, 1906, examining of witnesses, production of documents and books, and in respect of persons summoned or giving evidence before the Court, the like powers by "The Witnesses on Commissions Oaths Act" (No. 20 of 1873) conferred on Commissioners when the Governor directs that the witnesses to be examined before them shall be examined on oath. Powers as to witnesses and documents. Factories Act, 1906, sec. 52, ss. 7. Principles of Living wage. Every summons to attend the Court shall be signed by the Registrar. 136. Where a determination of a Board is under consideration the Court (a) Shall take into consideration the matters referred to in section 95, subsection III.; and (b) Shall consider whether such determination has had or may have the effect of prejudicing the progress, maintenance of, or scope of employment in the process, trade, business, occupation, or calling, or group, or part affected thereby; and (c) If of opinion that such determination has had or may have such effect, shall order the Board to make such alterations as in the opinion of the Court may be necessary— 1. To remove or prevent such effect; and II. At the same time to secure a living wage to the employés affected. 137. (1) A The Factories Act.-1907. 137. (1) A determination of a Board, to the extent to which it has been altered pursuant to an order of the Court, or has been confirmed by the Court (a) Shall be final and without appeal; and (b) May not be reviewed or altered by a Board, or without leave of the Court by any other Court. (2) The Court, if satisfied upon affidavit that a prima facie case for review exists, may either give such leave or may direct a rehearing before the Court, when the Court may itself alter or amend its order. PART VIII. DIVISION XIII. Determination final. Ibid, sec. 52, ss. 9. 138. The Registrar shall forward the order of the Court to the Determination to be Board and to the Minister. forwarded to Minister Ibid, sec. 52, ss. 10. 139. (1) When a determination is confirmed the Minister shall Notification of publish in the Gazette a notice of such confirmation. (2) The Minister shall publish such altered determination in the Gazette. confirmation. 140. When a determination is altered the Board shall forward to Notification of the Minister the determination as altered. PART IX. alteration. PART IX. 141. (1) The Governor may make regulations not inconsistent Regulations. with this Act prescribing all matters which by this Act are required or See Factories Act, permitted to be prescribed, or as may be necessary or convenient to 1:06, sec. 59. be prescribed for giving effect to this Act. (2) All such regulations shall (a) Be published in the Gazette ; (b) Take effect from the date of such publication or from a later date to be specified therein; and (c) Be laid before both Houses of Parliament within fourteen days after publication, if Parliament be then in Session, and if not, then within fourteen days after the commencement of the next Session. Vic. Act No. 1975, sec. 150. of Parliament. (3) Notwithstanding any publication thereof, no regulation shall Proviso as to powers continue to have any force or effect if the same shall be disapproved, either wholly or in part, by resolution of either House of Parliament within thirty days after such regulations shall have been laid before Parliament, if Parliament shall be so long in Session: Provided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before it, then no regulation shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament. 142. (1) A PART IX. Regulations unchallengeable unless quashed. Vic. Act No. 1975, sec. 151. The Factories Act.-1907. 142. (1) A person desiring to dispute the validity of a regulation may apply to the Supreme Court upon affidavit for a rule calling upon the Chief Inspector to show cause why such regulation should not be quashed, either wholly or in part, for the illegality thereof. (2) The said Court may make absolute or discharge the said rule with or without costs. (3) All regulations, unless and until so quashed, shall have the like effect as if enacted in this Act. (4) No regulation shall be challenged or disputed in any other manner. PART X. DIVISION I. No writ of quo warranto allowed to try title to any office. New. Mandamus abolished. Proceedings for trying title to office. New. Time within which Jurisdiction of New.. PART X. LEGAL PROCEDURE. DIVISION I-PROCEEDINGS TO TRY TITLE OF MEMBER OF BOARD 143. No writ of quo warranto, information in the nature of a quo war: anto, or other proceeding, shall issue, or be filed, or had, or taken in the Supreme Court to try or question the title of a person to act as a member of a Board. 144. No writ of mandamus shall issue from the Supreme Court to admit or restore to office a member of a Board. 145. The proceedings (a) For trying the title of a member of a Board to his office; and (b) For trying the right of a person to be admitted or restored to such office; and (c) To compel his restoration or admission shall be had and taken before, and determined by, two or more Justices of the Peace in a summary way. 146. (1) No proceedings to try the title of a person as a member of a Board shall be had or taken except upon information. (2) Such information shall be laid within two calendar months from the time at which the person whose title is disputed was appointed or elected. 147. (1) The information under section 146 may be laid at the instance of any person interested. The Justices may make an order declaring- (a) That a person is not entitled to the office then possessed by him, and that such office is vacant; or (b) That the informant is entitled to the said office. 3) No order to admit or restore a person to any office shall be made whilst any other person is in possession of such office. Validity |