THE LA\\ RELATING in FACTORIES AND SHOPS IS VICTORIA. (COMPLETE TO :ter> FEBRUARY, 1920.) COMPILED BY %i SL. Secretary to ilie. Department uj Labour. Price Is. 6d. ALPRRT ,1 IftJLr. 14850. f.-r> ^ HOTRRNMRNT PRINTER, DOCUMENTS DEPT. THE RELATING TO FACTORIES AND SHOPS IN VICTORIA. ii (COMPLETE TO SRD FEBRUARY, 1920.) COMPILED BVT EC. :MI, Secretary to the Department oj Labour. Price Is. 6d. ItFKRT .) MULLETT, GOVERNMENT PRINTER, MELBOURNE 14850. This Handbook contains the following Acts DQCUM Act No. 2650 Factories and Shops Act 1915. In force 1.10.1915. Act No. 2845 W hite Phosphorus Matches Prohibition Act 1916. In force 6. 11. 1916. Act No. 2875 Statute Law Revision Act 1916. In force 28. 12. 1916. Act No. 3048 Factories and Shops Act 1919. In force 1.1.1920. Repealed sections of the Act No. 2650 are in most cases omitted. Where an amendment has been made in a section by another Act, the number and section of the Amending Act are given, and the alterations from the original text are indicated by the use of different type. For convenience of arrange- ment, Act No. 2845 has been placed at the end of the Factories and Shops Act 1915. And in addition Copies of regulations in force on 3rd February, 1920 ; Tables of shop-closing hours and other matters suitable for tabulation ; Particulars of cases decided on Factories and Shops law by the higher courts ; and An Index. No. 2650. (As amended by No. 2845, 2875, and 3048.) An Act to consolidate the Law relating to the Supervision and Regulation of Factories and Shops. BE it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the Authority of the same as follows (that is to say) : 1 . This Act may be cited as the Factories and Shops short title, Act 1915 and shall come into operation on the first day J^^M^on 00 *' of October, One thousand nine hundred and fifteen, and is divided into Parts and Divisions as follows : (The rest of this section is omitted as unnecessary for the purposes of this book.) 2. The Acts mentioned in the First Schedule to the Repeal, extent to which the same are thereby expressed to be F!rst Schedult ' repealed are hereby repealed. Provided that such repeal shall not affect any rule regulation appointment by-law order registration application declaration determination or award made, or any petition presented, or any notice notification permit or certificate given, or any licence granted, or any fee fixed, or any resolution passed, or any information laid, or action or proceeding pending, or any order or direction in force under the said Acts or any of them before the commencement of this Act. PART I. INTRODUCTORY. DIVISION 1. INTERPRETATION. 3. In the construction of this Act unless inconsistent interpretation, with the context or subject-matter " Apprentice " means any person under twenty-one years of age bound by indentures of apprenticeship or any person over twenty-one years of age who with thu sanction of the Minister* is bound by indentures of apprenticeship : * Permission may be granted under section 189. Except in cases where permission has been obtained under section 180 (a) all apprentices unless bound for at least three years are deemed to be improve n for the purpose of the Factories and Shops Acts vide section 180. " Chief Inspector." "Child.' Council.' "Factory/ Chief Inspector " means the chief inspector of fac- tories and shops : Child " means a boy under the age of fourteen years or a girl under the age of fifteen years as the case may be : Council " means the council of any city town borough or shire : Factory " means any office building or place in which four or more persons are employed directly or indirectly in working in any handi- craft or in preparing or manufacturing articles for trade or sale ;* * The defendant was the proprietor of a registered factory in which nails were manufactured. Some of these nails were sent from the factory to a shop close by, also occupied by the defendant, where three girls and one boy were engaged in packing the nails so sent into cartons and boxes. On the hearing of an information for not registering the shop as a " factory " under the Factories Acts the Magistrates convicted the defendant. Held, affirming the conviction that the persons employed in the shop were employed in preparing the nails for sale, and that, therefore, the shop was a " factory " within trie-meaning of the Factories and Shops Act 1905. Alderson v. Gold 1909, V.L.R. 219, 15 A.L.R. 180, 30 A.L.T. 189. A " factory " as defined in the Factories and Shops Act 1896 (N.S.W.) is " any office building or place in which four or more persons are engaged directly or indirectly .... in preparing or manufacturing articles for trade or sale." Held, that the expression " preparing articles for trade or sale " involves the doing of some act to or in relation to the articles themselves which effects some alteration in their character or condition for the purpose of maiding them fit for trade or sale. The unpacking of soft goods from cases in which they were received, marking them for sale, and repacking them for delivery to purchasers is not " preparing them for trade or sale " within the meaning of the section. Henry Bull and Co. Limited v. Holden, 13 C.L.R. 569, 18 A.L.R. 506. Four or more persons were engaged on defendant's premises in (a) compressing wool into smaller compass for shipment, in order to reduce freight charges; (6) sorting, drying, and spraying with preservative sheepskins, to prevent weevils from attacking them pending and during shipment ; (c) salting hides to preserve them pending and during shipment. All the goods had previously been sold in the local market, and were in defen- dant's premises pending shipment by the purchasers, for whom defendant was treating them. Held, that none of these operations was a preparing for trade or sale within the meaningof the Factories and Shops Act 1912, sec. 5, and that defendant's premises did not require registration as a factory. Quaere, whether the drying of the skins and salting of hides might not, if done prior and incidentally to sale locally, be a " preparing " for trade or sale. Bittingham v. New Zealand Loan and Mercantile Agency Company Limited, 1914 V.L.R.. 321. A place where electricity is generated for the supply of heat or light or power to tenants of the person generating it is a factory within the meaning of the Factories and Shops Act 1912. Per a' Beckett, A.C.J. A place where electricity is generated for the supply of heat or light or power to the person generating it is a factory within the meaning of the Factories and Shops Act. Per Hodges and Hood, J.J. A place where electricity is generated for the supply of heat or light or power is only a factory if such electricity is supplied to persons other than the person generating it. Tipple v. Oeelong Harbor Trust Commissioners, 1914 V.L.R. , 407. in which, one or more Chinese persons are or is employed directly or indirectly in working in any handicraft or in' preparing or manufac- turing articles for trade or sale ; in which one or more persons are or is employed and in which steam water gas oil or electric power is used in preparing or manufacturing articles for trade or sale ; in which one or more persons are or is employed and in which furniture is prepared or manu- factured ; in which one or more persons are or is employed and in which any bread or pastry is made or baked for sale ; in which electricity is generated for the supply of heat or light or power ; in which coal gas is made ; and also any clay-pit or quarry worked in connexion with and occupied by the occupier of any pot- tery or brickyard ; Where the operations of any manufacturer are carried on for safety or convenience in several adjacent buildings grouped together in one enclosure these shall be classed and included as one factory for the purpose of registration and for the computation of registration fees ;* A person shall be deemed and taken to be employed whether he is or is not working on his own account or behalf or for hire or reward either directly or indirectly :f *' Furniture " means furniture of which wood forms a Furniture. 1 ^ part and such as is usually made by cabinet- makers chair and couch makers upholsterers wood carvers or wood turners : " Handicraft " includes any work whatsoever done in "Handicraft." any laundry or dye-works and whether or not done in preparing or manufacturing articles for trade or sale : * For purposes of registration and computation of fees, two fcoildings, occupied by one firm, but separated by a public street and connected by a sub-way under that street, are separate factories. t As to when a person is " employed," see Ballantyne v. Hinchdiffe, 21 A.L.R. 24, noted at section 168. See also Section 43. "Improver." S. 2 NO. 3048. " Inspector." Laundry." 'Mill-gearing. Part." 'Prescribed. "Schedule." " Shop." " Improver " means any person (other than an ap- prentice)* who does not receive a piece-work price or a wages rate fixed by any Wages Board for persons other than apprentices or improvers and who is not over twenty-one years of age or who being over twenty-one years of age holds a licence from the Minister to be paid as an improver :f " Inspector " means an inspector of factories and shops appointed { or continued in office under the authority of this Act and includes the chief ^ inspector and the assistant chief inspector : " Laundry " shall be deemed not to include any in- stitution or place in which the only persons em- ployed are (a) inmates of any prison reformatory or in- dustrial school or other institution for the time being subject to inspection under any Act other than this Act ; or (6) inmates of an institution conducted in good faith for religious or charitable pur- poses. " Mill-gearing " includes every shaft whether upright oblique or horizontal and every wheel drum or pulley or other appliance by which the motion of the first moving power is communicated to any machine appertaining to a manufacturing pro- cess : " Part " means Part of this Act : " Prescribed " means prescribed by this Act or by any regulations made pursuant to this Act : " Regulations " means regulations under this Act : " Schedule " means Schedule to this Act : " Shop : ' means any building or portion of a building or place or any stall tent vehicle or pack in which goods are exposed or offered for sale by retail and includes any rooms of hairdressers or barbers and boot repairers' shops and the rooms of dyers and clothes cleaners commonly known as dyers' shops and clothes cleaners' shops ; * Except in cases where permission has been given under section 189, apprentices, unless bound by indentures of apprenticeship, which bind the em- ployer to instruct such apprentice for at least three years, are deemed to be improvers; section 190. t Issued under section 194 post. j Provision is made for appointment in section 10. " Small shops" are denned in section 89. " Shopkeeper " means tlie occupier of a shop and " Shopkeeper." includes a hawker or pedler.* " Week " means the period between midnight on Satur- Week." day night and midnight on the succeeding Saturday night. DIVISION 2. APPLICATION OF ACT. 4. Except where otherwise expressly provided the pro- Application visions of this Act shall apply to factories and shops wherever t&ctZtie*w& situate in Victoria. Victoria. 5. The provisions of section one hundred and twenty- Power to extend .seven of this Act shall apply to all cities and towns and may SS^and* 8 * from time to time be extended by the Governor in Council d jjj| ry of to any borough or to any part or parts of a shire within ten miles of any such city town or borough.f 6. Where any city town borough or shire is bounded Application of whether in whole or in part by any lake or by the sea-shore determinations all provisions of this Act and determinations of Wages wher . e . , * i t i , i i i municipal Boards which are in operation in such city town borough district or shire shall within a distance of three miles from such or 8ea.shore! ake boundary be operative also in all parts of such lake or the s. 2 NO. 3048. sea. 7. The expression " process trade business or occu- Process trade ,, " 7 7 f business or pation or any expression including one or more of occupation. such words when used in this Act or in the Determina- s. 2 NO. 2875. tion of a Wage 3 Board refers either to the process or s. 2 NO. 3048. trade or business or occupation of the employer or to that in which the employe is employed or to both as the case may require ; and any employe in a factory doing work for which a Wages Board has fixed a wages ibid. rate or a piece-work price shall be paid for such work at the rate fixed therefor by such Board. 8. The Governor in Council may at -anytime by Order Pow ? r to . ,,.,,. ~ ~ J " J revoke orders. published in the Government Gazette revoke alter or vary any order made pursuant to the provisions of this Act. 9. Nothing in this Act shall apply to persons engaged in dairying agriculture horticulture viticulture or of Act. pastoral pursuits in any shire town or borough outside the Metropolitan DistrictJ as defined in this Act. * H awkersaudpedlers are shopkeepers under the Acts, hut nronotto he counted i n petitions for regulating the hours of shop closing. See also section 9 Act 3048. t The only extensions made under this section were to the boroughs of Eagle- hawk, Geelong West, Newtown and Chilwell, and Sebastopol. % Defined in section 82. PART IL ADMINISTRATION OF ACT. DIVISION 1. INSPECTORS. Appointment of 10. (1) Subject to the provisions of tfhe Public Service Act 1915 tlie Governor in Council may from time to time appoint a chief inspector an assistant chief in- spector and so many inspectors of Factories and Shops as may appear necessary for the carrying into effect of this Act, and may from tim to time remove such chief in- spector such assistant chief inspector or such inspectors. Provided that notwithstanding the provisions of any Act relating to the Public Service, any member of the Police Force may be appointed by the Minister of Labour by writing under his hand to act as an inspector of factories in the district in which he is stationed. Appointment of police as inspectors. Office of Chief Inspector. Duties. Ac., of Assistant Chief Inspector. District*. (2) The chief inspector shall have assigned to him an office in Melbourne. (3) The assistant chief inspector (a) shall under the control of the chief inspector have and may exercise such powers functions or duties (whether statutory or otherwise) of the chief inspector as may be assigned to him m writing by the chief inspector either generally or in any particular case ; and (b) shall act in the place of the chief inspector in case of the illness absence or temporary incapacity of the chief inspector. (4) All acts matters and things done or performed by such assistant chief inspector pursuant to this section shall for all purposes have the same force and effect as if done or performed by the chief inspector. (5) The Minister may for the purposes of this Act divide Victoria into such and so many districts as he thinks fit and allot or ?,s?ign one or more districts to one or more in- spectors Certifying DIVISION 2. CERTIFYING MEDICAL PRACTITIONERS. practitioners. 11. (1) The Minister may on the recommendation of the Board of Public Health appoint any persons being, legally qualified medical practitioners to be certifying medical practitioners* for the purposes of this Act and may allot or assign one or more districts under this Act to one or more certifying medical practitioners and the Minister may at any time remove any person so appointed. (2) In any part of Victoria for which there is not a certi- Public fying medical practitioner appointed pursuant to the pro- let aT certifying visions of this Act, every public vaccinator shall without jJj5Jf ollerg iu further or other authority than this section be and act as certain 1 parts. " certifying medical practitioner within any district or part thereof or place for which he is a public vaccinator. DIVISION 3. SECRECY OF RECORDS. 12. Any inspector who divulges the contents of inspector any record of persons employed in or of the work C ontents 8 of done in or oatside of any factory except to the Minister or record - the officers of his Department and any inspector or officer Officer not to of such Department who makes use of his knowledge of dlvulge - the contents thereof except for the purpose of the compila- tipn of general statistical information as required by this Act or for the purpose of enforcing the provisions of this Act shall be guilty of a misdemeanour.! Provided that power of for the purpose of tracing persons who have evaded naval Sioriz e t0 or military training the Minister may once in every year inspection of authorize any officer of the Department of Defence of speciaiVurpow. the Commonwealth of Australia to inspect such records. DIVISION 4. ANNUAL REPORT. 13. (1) The cliief inspector shall prepare an annual chief inspector j. , i TIC- j. to report report for the Minister. annually. (2) Such report shall be of a general and comprehensive character for the purpose of informing Parliament of the course and conditions of national trade. (3) Such report shall not refer by name to any particular occupier of a factory or be so framed as to readily admit of the identification of any such occupier. (4) Such report shall show as nearly as possible the whole number of persons engaged in working in factories iu Vic- toria, classifying them according to their sex age and * For fetis and duties see the regulations at page 147. Under section 46 a certificate from a cortifying medical practitioner is required before a factory occupier can legally employ any person under sixteen in those factories named on page 146. Factories not so mentioned are nevertheless affected by the Education Act 1915. The section which applies is quoted in full on page 24, and requires that before any parson under sixteen may be employed in any factory a certificate of birth or a certificate under the hand of a head teacher shall be filed by the occupier of the factory. f For provisions as to secrecy with regard to the names and addresses of out- workers see section 195. 10 Notice of occupation of factory. average weekly earnings whether in wages or by piece-work or both in wages and by piece-work in each branch, their hours of labour the percentage of work done in the factories and the percentage of work done outside thereof, together with such other particulars of the same general nature as the Minister may require. PART III. FACTORIES.* DIVISION 1. REGISTRATION, f 14. (1) Every person or body of persons going into or being in occupation of any factory shall within fourteen days of such going into or being in occupation ; or * WHAT CONSTITUTES A FACTORY ? (See section 3.) 1. Four persons working together in any place in any handicraft or manu- facture. 2. One person working in any place (a) If steam, water, gas, oil, or electric power is used. (6) If furniture is made. (c) If bread or pastry is made. (d) If electricity is made. (e) If coal gas is made. (/) If the place is a quarry attached to a pottery or brickyard. (g) If the person is a Chinese. Every factory must be registered at the Department of Labour, Spring- street, Melbourne (section 14). Any person desiring to register a factory is advised to act as follows : Write to Secretary for Labour, Melbourne, who will .send an Inspector to the addres.s given. The Inspector will bring the necessary forms and assist in their com- pletion, and will give any explanation required. If the factory is situated in the country, call on the nearest member of the Police Force. If he is not an Inspector of Factories or unable to supply forms and information, write to the District Inspector of Factories or to the Secretary for Labour, Melbourne. Before a factory can be registered, it must be certified by both the Municipal Council and the Department of Labour, that the place complies with all the requirements of the Regulations (page 11). These requirements will be found set out in detail in this Handbook, but shortly stated they are (1) Air Space. At least 400 cubic feet per person employed. If the ceiling is more than 13 feet above the floor, the space above that height is not counted (page 131). (2) Ventilation. Ordinarily 12 square inches of outlet and of inlet for each person. See the regulation on page 131. (3) Lighting. Doorways, passages, and stairs must be sufficiently lighted (page 132). (4) Fire escape.' Ordinarily a primary and an alternative way of escape is required. See the regulation on page 132. (5) Stairs and Landings must be constructed in the manner prescribed (page 132). (6) Fire Extinction. Fire hose, buckets, and taps or alternatively chemical fire extinguishers. (7) Egress Doorways, Approaches to Doorways, Doors, and Gateways. As prescribed (page 133). (8) Heating Appliances must be provided where such are considered neces- sary (page 134). (9) Lavatories. One basin for every twenty males and one for every twenty females (page 134). (10) Sanitary Accommodation. One closet for every twenty or fraction of twenty persons. Separate accommodation for the sexes with separate approaches. Also urinals. fFor the regulations see p. 128. 11 being in occupation of any building or place which becomes for the first time or after a period of disuse again becomes a factory shall within four- teen days of such building or place becoming or again becoming a factory serve on the chief inspector at his office a written notice in such form as may be prescribed by regulations.* (2) Such notice shall specify Particulars in particulars of the name of such person and a descrip- n< tion of the factory ; the place where it is situate ; the nature of the work carried on or to be carried on therein ; a description of the motive power (if any) therein ; the name of the person or firm under which the business of the factory is carried on ; and such other particulars as may be prescribed. (3) Any person who is guilty of a contravention of this Penalty, section shall be liable to a penalty of not more than Ten pounds. (4) If it be shown that all the requirements of this Act certificate, have been fulfilled, the chief inspector shall issue a certificate of registration of such factory on payment of the registration fee as hereinafter provided.! 15. (1) Every person or body of persons who is in Approval oi occupation of any office building or place which is J^jJJjy'JJf about to become for the first time, or after a factory, period of disuse is about to again become a factory, shall 'before the same is used or again used as such, forward to the council for the district full particulars as to such office building or place in such manner as may be prescribed.:]: (2) Such office building or place shall not be registered certificate* of as a factory until such council or the chief inspector has in suitability, & writing certified that such office building or place is suitable for a factory, and that the prescribed requirements have been complied with. * Page 128. t For fee see section 17 and the schedule at p. 122. j The regulations at p. 130. 12 Register. Particulars of register. 16. (1) Every factory of which particulars are forwarded to the chief inspector as hereinbefore provided shall on payment by the occupier thereof or by the employer of the persons working therein (hereinafter termed the "occupier") of the registration feef for the year in which the same is registered be registered in a register to be kept for that purpose in the office of the chief inspector. (2) In such register shall also be entered all the particulars which are by this Act directed to be forwarded to the chief inspector together with such other particulars as may from time to time be deemed necessary by the Minister or chief inspector. (3) Nothing in this section contained shall be deemed to require or authorize an entry in such register of any par- ticulars other than those required by this Act or by the regulations to be forwarded to the chief inspector prior to the registration of any such factory. Schedule. Registration fee. 17. (1) The registration fee to be paid in respect of every Second factory shall be that specified in the Second Schedule, J and shall in each and every year be paid on or before the thirty-first day of January by the occupier of such factory. Half-fee where (2) When any factory is opened during any year after opened after' * ne thirtieth day of June the fee to be paid on registration soth June. for that year shall be one -half of the rate specified in the said Schedule. Penalty. (3) Any occupier of a factory which is not registered as in this Act provided shall be liable to a penalty of not more than Ten pounds. || t Section 17 post and the schedule at p. 122. J Schedule will be found at p. 122. All these fees should be posted to or delivered at the Chief Inspector of Factories* Office, Spring-street, Melbourne. Cheques or money orders, but not stamps, are accepted. Whenever there is any transfer from one firm or one individual to another, any change in the constitution of the firm, or any change to other premises, a fresh fee in payable. || Where a room has already been registered as a factory, the sub-lessee of por- tion of that room is not required to register his portion separately. 13 DIVISION 2. INSPECTION. 18. f Every inspector shall for the purposes of the Power of execution of this Act have power J to do all or any of the Inspecj following things, namely : (a) To enter inspect and examine at all reasonable times by day or night a factory! and every part thereof when he has reasonable cause to believe that any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory : (6) to take with him || in either case a member of the police force where he has reasonable cause to apprehend any serious obstruction in the execution of his duty : (c) to enter inspect and examine at all reasonable times by day or night any place whatsoever when he has reasonable cause to believe that any person is employed therein at work for which a Wages Board has fixed prices or rates : *. 2 No.13048. (d) to require the production of all pay-sheets or books wherein an account is kept of the actual wages (whether by piece-work or not) paid to any individual employe in any place to which the Determination of any Wages Board applies iWd. and to take copies or extracts from the same : (e) to require the production of the certificate of registration books registers certificates notices lists and documents kept in pursuance of this Act or of any regulations made hereunder and to inspect examine and copy the same : (/) to make such examination and inquiry as may be necessary to ascertain whether the enactments for the time being in force relating to public health and the enactments of this Act are complied with so far as respects the factory and the persons employed therein : t The penalty for obstructing an Inspector will be found in section 236. j For powers as to shops, see sections 122-4. For powers of entry as to steam-boilers, see section 57. || As to power to take an interpreter with him see section 19. He may also take officers of health in certain cases. Section 28. 14 (g) to enter any school in which he has reasonable cause to believe that persons employed in a factory are for the time being educated : (h) to examine either alone or in the presence of the occupier or employer or of his agent or servant with respect to matters under this Act every person whom he finds in a factory or such a school as aforesaid, or whom he has reasonable cause to believe to-be or to have been within the preceding two months* employed in a s. 2 NO. 3048. factory or at work for which a Wages Board has fixed prices or rates, and to require such person to be so examined and to sign a statutory declaration as to the truth of any statements made by him as to the matters respecting which he is so examined : (i) to exercise such other powers as may be necessary for carrying this Act into effect. inspector may 19. (1) Every inspector when entering inspecting and ^e acoon examining any factory pursuant to any of the provisions interpreter. o f ^is Act may take with him into such factory any person who in the opinion of such inspector is qualified to act as an interpreter, f Effect of inquiry (2) Any inquiry or requisition to any occupier or his interpreter. agent or employe or any person made on behalf of such inspector by the person so acting as interpreter shall for all purposes be deemed to have been actually made by the inspector, and the answer thereto when made by an occu- pier agent employe or person to the person acting as inter- preter shall be deemed to have been actually made to the inspector. obstruction of (3) Any person who obstructs any person so acting as interpreter. &n interpreter shall be deemed to have obstructed the inspector in the execution of his duties and shall be punish- able accordingly.! factory* AC! to ^' W ^ e occu pi er f every factory his agents and assist inspector servants shall furnish the means required by an in- spection. S p ector or ^ an o ffi c( o f t h e Board of Public Health * " Month " means calendar month Acts Interpretation Act. t For similar provisions as to shops, see section 123. J Penalty section 236. 15 or of the council necessary for an entry inspection examina tion and inquiry or the exercise of his powers under this Act in relation to such factory. (2) Every person who- obstruction of (a) wilfully delays an inspector in the exercise of any m8 P ector - power under this Act ; or (6) fails to comply with a requisition of an inspector made under any such power as aforesaid, or to produce any certificate of registration book register certificate notice list or document which he is required by or in pursuance of this Act to produce ; or (c) conceals or prevents any person from appearing before or being examined by an inspector or attempts so to conceal or prevent a person, shall be deemed to obstruct an inspector in the execution of his duties under this Act. (3) No person shall be required under this section or the Evidence. two last preceding sections to answer any question or give any evidence tending to criminate himself. 21. (1) Every inspector shall be furnished with a cer- certificates of tificate of his appointment, and on applying for admission to a factory or school shall if required produce to the occupier or schoolmaster such certificate. (2) Every person who forges or counterfeits any such certificate or makes use of any forged counterfeited or false certificate, or personates the inspector named in any such certificate or falsely pretends to be an inspector under this Act, shall be liable to imprisonment with or without hard labour for a term of not more than three months.* DIVISION 3. KEEPING OF RECORDS. 22. (1) In each and every factory there shall be Record of made a true record in such form and giving such kTpS and 8 notice particulars as may be prescribedt as to the names work and to e affixed in r , J r I factory. wages 01 the persons employed therein and the name and age of every such person who is under twenty-one years of age and such record shall be produced for inspection Section 238 provides a punishment for forging other certificates, for making false entries and declarations, f The regulations at p. 155. 16 Information to be posted in factory. Name of occupier to be posted outside factory. Beoord of fines. Penalty. Record of outside work done for certain factories to be kept. whenever demanded by the inspector and shall be forwarded annually to the chief inspector at such time as may. be prescribed* or whenever demanded by the chief inspector. (2) There shall be kept printed painted or affixed in legible Roman characters in some conspicuous place at or near the entrance of each and every factory, and in such other parts as an inspector from time to time directs, and in such a position as to be easily read by the persons em- ployed in such factory a notice containing (a) the name and address of the inspector for the district ; (6) the name and address of the certifying medical practitioner for the district ; (c) the holidays and the working hours of the factory ; and (d) true copies or abstracts of such parts of this Act and regulations thereunder as may be prescribed or as may be directed by the Minister.f (3) There shall also be kept printed painted or affixed in legible Roman characters, in such place as an inspector may direct or approve, near to the outside of the principal outer door of every factory the name of the occupier thereof, or if such occupier is a company the registered name of such company, or if such occupier is a firm of per- sons the firm name of such firm. (4) There shall also be affixed in legible Roman char- acters in such place in every factory as an inspector may direct or approve a detailed record of all fines levied upon his employes by the occupier of such factory. A copy of such record of fines shall be forwarded by the occupier of every factory to the chief inspector periodically at such times and in such form as may be prescribed.^ (5) In the event of a contravention of any of the pro- visions of this section in regard to any factory, the occupier thereof shall be liable to a penalty of not more than Twenty shillings for every day during which any of the said provisions are not complied -with. 23. (1) Every occupier of a factory who has work done elsewhere than in his factory shall keep a record. Such record shall be kept in such manner and give such particu- lars as may be prescribed^ and so as to be a substantially * The regulations at p. 155. t A copy of any Determination of a Wages Board which applies to any factory, shop, or place must be kept printed, painted, or affixed in such factory, shop or place. Section 169. t The regulations at p. 158. 17 correct record of the description and quantity of the work done outside of such factory and of the name and address of the person by whom the same is done and the prices paid iii each instance for such work.* (2) In default of so keeping such record such occupier Penalty, shall be liable to a penalty not more than Two pounds for every day for which without reasonable excuse the record is not kept as aforesaid. Such record shall be kept for the information of the inspectors, who alone shall be entitled to inspect and who may at all reasonable hours examine the same. (3) Every occupier of a factory shall forward such Copy AC. of record to the chief inspector for his information whenever Suppi?edto e demanded by him, and shall forward to such inspector Chief inspector . ,. -., J , , ,. , -IT on demand or periodically at such times as may be prescribed a copy or periodically, summary of every such record in such form as may be prescribed, f (4) Notwithstanding anything contained in this Act, and may be the chief inspector shall publish in the Government Gazette authority o7 for general information anv such particulars contained in Governor in -, T -I/-N /-N ! < uouncii. any such record as the Governor in Council from time to time thinks it necessary or desirable so to publish, in- cluding if the Governor in Council thinks fit the name and address of any such occupier. (5) No such particulars shall be so published except in Limitation on regard to or in connexion with some contravention of this publishm &- Act for which such occupier has been convicted. (6) Every person who issues or gives out or authorizes or Meaning pi permits to be issued or given out any material whatsoever JSt}, e . r m this for the purpose of being wholly or partly prepared or manufactured outside a factory as articles of clothing or wearing apparel or boots or shoes for trade or sale shall be deemed to be the occupier of a factory for the purposes of this section. (7) No person shall be convicted of a contravention of Exemption, this section if he proves (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the alleged offence no reason to suspect that his act would be a contravention of this section, and (6) that on demand made by or on behalf of the in- spector he gave all information in his power with respect to the alleged offence, or * Such work must only be given out to registered workers. Section 196. t The regulations at p. 158. 18 (c) that otherwise he had acted innocently and bond fide and without any intention to evade the pro- visions of this section. DIVISION 4. CLEANLINESS AND VENTILATION. onditionof ^' ^ ^ e occu pi er ^ ever 7 factory shall keep the factory? 11 c same in a cleanly state and also free from any effluvia arising from any drain privy urinal or nuisance. (2) A factory or any portion thereof (a) shall not be so overcrowded* while work is carried on therein as to be injurious to the health of the persons employed therein ; (&) shall contain such amount of cubical space* for each person employed and such amount of ven- tilation* as may be prescribed ; (c) shall be ventilated in such a manner as to render harmless as far as practicable all the gases vapours dust or impurities generated in the course of the manufacturing process or handi- craft carried on therein that may be injurious to health;! (3) Every heating appliance in any factory whether used for warming persons therein engaged or for the manu- facturing process shall be provided with a flue of such size and construction as may be prescribed!)!. (4) A factory in or in connexion with which ohere is a contravention of this section shall be deemed not to be kept in conformity with this Act. DIVISION 5. CANCELLATION OP REGISTRATION OF DEFECTIVE FACTORY PROVISIONS FOR SAFETY. Registration of 25. (1) The chief inspector shall give to the occupier ?actory V may of any factory which or any part of which is in his opinion in dilapidated unsafe unfit for use or injurious to health or insufficiently provided with privies J or urinals or with satisfactory approaches to such privies or urinals or with proper appliances for the extinction of fire* or with sufficient means of egress* in case of fire written notice of such opinion. * See the regulations at pp. 131-135. t For cases in which ventilation by a fan is required, see section 29. j The regulations at p. 134. Penalty Section 233. 19 (2) A copy of the notice shall also be sent by the chief inspector to the council, and the council shall within two months from the date of receiving such notice from the chief inspector inform him whether the necessary repairs or improvements have or have not been effected. (3) Unless such council, within two months from the date Power to cancel of such notice by the chief inspector, signifies to the chief where* pS of inspector its approval of the continued use of such factory, *o*y unsafe, the chief inspector may lay an information before the Court of Petty Sessions that the occupier has failed to comply with the provisions of this section and on such information may summon him to appear before the Court of Petty Sessions and show cause why the registration of such factory should not be cancelled ; and the Court of Petty Sessions unless satisfied that such factory or such part thereof is not defective in any of the matters set forth in the notice sent by the chief inspector shall make an order directing the cancellation of such registration. 26. (1) Where in any regulations it is provided that the Fire prevention council or the chief inspector may require that in any k?pt ready t for be office place or building there shall be appliances* (includ- use - ing fire -buckets full of water) for the prevention or extinction of fire such appliances shall be maintained in a constant state of repair and available for use at any moment. (2) A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act.f 27. (1) All doors passages and staircases in or in con- Doors i 11- i in certain case being carried on or m which persons employed in such where employ^ factory are then engaged in their employment, unless such W olking e . n factory is of open construction and is certified to by the chief inspector as being properly exempted from this pro- vision. (2) Where any manufacturing process handicraft or Nor rooms employment has been declared by the Governor in Council employments to be noxious for the purposes of this Act, no person em- carrted on - ployed in the factory in which any such manufacturing process handicraft or employment is carried on shall be per- mitted to take his or her meals in any room therein in which such manufacturing process handicraft or employment is then being carried on or in which persons employed in such factory are or have been in the course of the day engaged in their employment ; and the occupier of every such fac- tory shall cause a fit and proper room to be provided within which the persons employed may take their meals without the provisions of this Act being contravened. * For restrictions as to employing young persons as type-setters in printing offices, sec section 42. 24 Exemption. (3) If it is made to appear to the Minister that for any reason it is unnecessary that such a room should be pro- vided in any such factory he may by licence under his hand exempt for any period not exceeding one year the occupier of such factory from so much of the provisions of the last *. 3 NO. 3048. preceding sub-section as require such a room to be provided. (4) The Minister may from time to time in writing require the occupier of any factory shop or place to provide (a) a dining-room for the use of employees ; (b) a bath-room for the use of employees ; (c) a rest-room for female employees. Power of Minister to require dining- rooms bath- rooms &c. to be provided for use of employees. Ibid. over fourteen to be allowed to work in factories in certain cases. DIVISION 11. AGES AND WORKING HOURS OF EMPLOYES. be emp?o?ed to 35< ^ cnild * slia11 be employed in any factory. Female children Provided that the Chief Inspector may grant to any female child over the age of fourteen years who is not required to attend school under the Education Act 1915f per- mission to work in a factory if he is satisfied that the poverty of the parents or guardians of the child makes it desirable for the child to get employment and that the interests of the child will be best served by commencing work in a factory without waiting till such child becomes legally eligible so to work. Working hours 37 n\ N O person shall employ in a factory any male for females and v . ' . * i boys. under sixteen years of age or temale of any age (i.) for more than forty-eight hours in any week, or (ii.) for more than ten hours on any day, or (iii.) later than Nine o'clock in the evening. * A boy under fourteen or a girl under fifteen section 3. The penalty is provided in section 234. t Section 48 sub-section (3) of the Education Act 1915 requires that before a child under sixteen may be employed either a certificate of birth or a certifi- cate from a head teacher shall be filed by the factory occupier. When making application for permission for a girl of fourteen to work in a factory, this certificate should be brought and shown to the Chief Inspector of Factories. For purposes of reference the sub-section of the Education Act is hereto appended. "(3) Before any child apparently under sixteen years of age is employed or permitted to be employed in any factory or work-room within the meaning of the Factories Acts the occupier of such factory or work-room shall obtain from such child a certificate of birth or a certificate under the hand of the principal teacher of the school which such child last attended stating that the school records show that such child is of the age required under the Factories Acts to permit of such employment ; and every such certificate shall be filed by the occupier of the factory or work-room, and shall be open to the inspection of any person Authorized by the Minister ; but this sub-section shall not affect any child lawfully employed in a factory or work-room at the commencement of this Act." Compare section 11 and sections 46 and 47. 25 Provided that in order to meet an unforeseen press Provision for of work such employment may be extended to fifty- STwork? 611 seven hours in any week but in not more than eight weeks in any one year subject to the following con- ditions : (a) Payment for overtime shall be made for the Condition*, time so worked at the rate of time and a half on wages rates or Threepence an hour extra on piece-work prices (as the case may be) and in addition each worker shall receive One shilling for tea-money for each day so worked ; (6) No such person shall be employed more than forty-eight hours in any one week without his or her consent ; (c) No such person shall be employed for more than ten hours on any day or later than Nine o'clock in the evening ; (d) A book containing a detailed list showing the date upon which the overtime was worked the overtime worked the name of worker and the hours of overtime shall be kept in a convenient place in the factory where any employe may at any time inspect it ; and a notice in the form of the Third Schedule Third Schedule accompanied by a fee of Two shillings and sixpence for registration and a full statement of the reasons for working such overtime signed by the occupier shall be posted or delivered to the chief inspector within forty-eight hours after each week in which overtime is worked.f (2) If the Minister is not satisfied that such working Effect of 7 /, /> 7 f .1 t , f non-compliance was bona fide for the purpose of meeting an unfore- with conditions seen press of work he shall give notice in writing of such dissatisfaction to such occupier and unless the occupier of such factory within one month from such notice proves to the satisfaction of the Minister that such working was bond fide for such purpose the Minister shall direct, the chief inspector to make a f Schedule will be found at p. 123. Provision is also made for payment of overtime and tea-money in other cases, e.g., shops generally (section 114) Fourth Schedule shops, Ac. (section 119), and carters (section 132). Calculation of time. Penalties. Limitation of working hours in factories where Chinese are employed or furniture made. Penalty. record that such working was not bond fide for such purpose ; and if the Minister directs such record to be made in regard to any occupier of a factory three times within any period of twelve months such occupier shall not thereafter at any time be entitled to avail himself of the provisions of this section. (3) On any day all males under sixteen years of age and all females employed in any capacity in a factory shall (meal times excepted) be deemed to be employed in a factory from the time when they enter the same until the time when they leave. (4) If any person offends against the provisions of this section he shall for each and every contravention of this section be liable for the first offence to a penalty of not more than Five pounds and for any subsequent offence to a penalty of not less than Two pounds or more than Twenty pounds.* (5) Nothing in this section shall affect or modify the provisions of section forty-one of this Act. 5. (1)- (a) In any factory where any Chinese person is at any time employed, and (b) in any factory where any article of furniture is prepared or manufactured or partly prepared or manufactured, no person shall on any day before half -past seven o'clock in the morning or after five o'clock in the evening or on a Saturday after two o'clock in the afternoon or on a Sunday at any time whatever work for himself or for hire or reward either directly or indirectly or employ or authorize or permit any person whomsoever so to work. (2) If any person offends against any of the provisions of this section he shall for each and every day in which he offends be liable for a first offence to a penalty of not more than Ten pounds, and for a second or subsequent offencef * One member of a firm may be convicted of an offence against the provisions of this section, although the other members of the firm are not joined in the pro- secution. If an employer have knowledge that one of his servants or agents intends to commit a breach of the provisions of the Act, and neglect to take effectual steps to prevent such a violation of the law, he will be liable for the act of his servant or agent. Goodsir v. Henderson, 13 V.L.R. 125, 8 A.L.T. 190. See also section 228. t A person may be convicted of a second offence under this section although the information does not charge him with a second offence. Reg. v. San Fie*, 3 A.L.R., C.N. 26. 27 co a penalty of not less than Five nor more than Twenty five pounds ; and the registration of a factory the occupier of which is convicted under this section of a third offence shall be forthwith cancelled by the chief inspector. (3) In any prosecution for an offence against this section evidence (a) that at any time during which work is prohibited Proof f 1,1.,' i. T i i contravention. by this section in any factory sounds have been heard such as would ordinarily be heard if made by persons engaged in such factory in the usual work therein carried on ; and (?>) that during such time any member of the police force or inspector was refused or could not gain immediate admission to such factory, shall be primd facie proof that the provisions of. this section have been contravened by the defendant. (4) In any prosecution for a contravention of this section Effect of work the occupier of a factory shall be deemed to have permitted durfng ry a person to work if any person whosoever is proved to have prohibited been working in the factory of such occupier during the time when work is prohibited. (5) In order to meet the exigencies of trade the Minister Power to may on payment of a fee of Two shillings and sixpence and operation of subject to such conditions and restrictions as he thinks section - fit to impose suspend the operation of this section in any one or more factories for any period not more than two months and any such suspension .may at any time revoke. (6) For the purposes of this section " work " shall be Meaning of deemed and taken to include performing any of the opera- tions usually carried on in the factory.* 39. (1) In a part of a factory in which there is carried Restriction of employment of persons the process of silvering of mirrors by the mercurial unaer 18 ; process, or the process of making white lead, a person under eighteen years of age shall not be employed. (2) In a part of a factory in which the process of melting of girls under n or annealing glass is carried on, a female under eighteen ln 8 la8Sworks ; years of age shall not be employed. * Before the enactment of this provision " work " was held to mean " work at a factory" and therefore the section was held not to apply to a Chinese ironing his own shirt during the prohibited hours in a Chinese laundry. Ingham y. Hie Lee, 15 C.L.R., 267 ; 18 A.L.R., 45^. 23 of girls under 16 (3) In a factory in which there is carried on in certain employments; of persons under 16 in metal ( a ) the making or finishing of bricks or tiles not being ornamental tiles, or (6) the making or finishing of salt, a female under sixteen years of age shall not be employed. W In a P art of a factory in which there is carried on Protection of workers in wet spinning. Scifer^matl ( a ) an y dl T grinding in the metal trade, or dipping. (b) the dipping of lucifer matches, a person under sixteen years of age shall not be employed. (5) Notice of the prohibition in this section shall be affixed in all factories to which it applies. 40. (1) No male under eighteen years of age and no female shall be employed in any part of a factory in which wet spinning is carried on unless sufficient means are employed and continued for protecting the workers from being wetted and (where hot water is used) for preventing the escape of steam into the room occupied by the workers. (2) A factory in which there is a contravention of the provisions of this section shall be deemed not to be kept in conformity with this Act. Limitation of 41. No female under sixteen years of age shall work in employment of anv factory between the hours of six of the clock in the evening and six of the clock in the morning. Restriction in employment of young persons us type-setters. Definition of 42. No male under sixteen years of age or female under eighteen years of age shall work as type-setter in any printing-office for longer than eight hours, nor between the hours of six o'clock in the evening and six o'clock in the morning, except in a case of emergency with the per- mission of the Minister, and then only on the condition that for twelve hours preceding and for twelve hours following such night work such male or female shall not be em- ployed. 43. (1) A male under eighteen years of age or a female who works in a factory whether for wages or not either in a manufacturing process or handicraft or in cleaning any part of a factory used for any manufacturing process or handicraft or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever incidental to or connected with any manufacturing process or handicraft or connected with the article made or otherwise the subject 29 of any manufacturing process or handicraft, shall save as is otherwise provided by this Act be deemed to be employed within the meaning of this Act. (2) For the purposes of this Act, an apprentice shall be deemed to work for hire. 44. Where any person is employed in any capacity HOW hours of in a factory during any day or week, then all the J^koned.* be time during which such person is employed at any work whatsoever for the occupier of the factory during such day or week shall be deemed for the purposes of this Act to have been time worked in such factory.* DIVISION 12. POWER OF SUMMONING OFFICERS UNDER THE EDUCATION ACT. 45. Any person holding the office of summoning power to visit officer in the Education Department may enter any {JJjS?^? to factory during the time when any persons employed young persons' therein are at work and inspect any part thereof where af any persons are engaged in working and may also examine the record of ages of persons under twenty years of age and interrogate personally any person or require the pro- duction of a certificate of birth or other sufficient evidence so as to enable him to determine the age of any such person so employed or working. DIVISION 13. CERTIFICATION OF FITNESS FOR EMPLOY- MENT OF PERSONS UNDER SIXTEEN YEARS. 46. (1) No person under the age of sixteen years shall Certificate of be employed in any factory unless the occupier of the employment of factory has obtained a certificate in the prescribed formf of the fitness of such person for employment in that factory ; or if such, certificate of fitness is not required has obtained and produces when demanded by any inspector a certificate of birth or declaration as to age as hereinafter provided^. (2) A certificate of fitness for employment for the pur- poses of this Act may be granted by a certifying medical practitioner 1 1 for the district, and shall be to the effect that he is satisfied by the production of a certificate of birth or * For similar provision as to shops see section 115. t The regulations at p. 147. j Section 47. Fee, 2s. 6d. Regulation at p. 147. || Appointed under section 11. 30 other sufficient evidence* that the person named in the certificate of fitness is of the age therein specifiedf and has been personally examined by him and is not incapacitated by disease or bodily infirmity for working daily for the time allowed by law in the factory named in the certificate. (3) Notwithstanding anything contained in this section a certificate of fitness for employment shall be required only in such cases as may be prescribed^ or in such cases as the chief inspector owing to special circumstances by written notice requires. Supplemental 47. (1) All factories or any of them may be named oertTficafces a of tu m tne certificate of fitness for employment if the fitness for certifying medical practitioner is of opinion that he can employment. i ,1 t/fc * ^ J^ truly give the certificate for employment therein. (2) The certificate of birth (which may be produced to such certifying medical practitioner) shall either be a certified copy of the entry in a register of births kept in pursuance of any Act relating to the registration of births deaths and marriages of the birth of the person or a statutory declaration as to the age of the person. (3) Where a certificate of fitness for employment is ta the effect that the certifying medical practitioner has been satisfied of the age of the person by evidence other than the production of a certificate of birth, an inspector may by notice in writing annul the certifying medical prac- titioner's certificate if he has reasonable cause to believe that the real age of the person named in it is less than that mentioned in the certificate, and thereupon that certificate shall be of no avail for the purposes of this Act. (4) The occupier shall when required produce to aa inspector at fhe factory in which a person under sixteen years of age is employed the certificate of fitness of such person for employment which he is required to obtain under this Act. * The sufficiency of evidence appears to be a matter for the discretion of the certifying medical practitioner, subject to the inspector's power, under section 47, to annul the certificate. t See section 222 (m) as to admissibility of a declaration by the certifying medical practitioner, as evidence of age. J The regulations at p. 146. This section only requires factories named in these regulations to insist on these certificates. Section 48 of the Education Act 1915 requires either a camficate of birth or a head teacher's cer- tificate for persons under sixteen in all factories. The last-named sect'on will be found printed at the foot of page 24 Section 46. 31 48. Repealed by section 2 Act No. 2845. (See page 12 J.) DIVISION 15. MINIMUM WAGE. 49. (1) No person whosoever unless in receipt of a Minimum wage weekly wage of at least Two shillings and sixpence shall n be employed* in any factory. (2) No person whosoever unless related in the first or second degree by blood or marriage to the employer shall be employed outside a factory in wholly or partly preparing or manufacturing any article for trade or sale unless in receipt of a weekly wage of at least Two shillings and sixpence. DIVISION 16. PERSONS IN CHARGE OF STEAM-ENGINES OR BoiLERS.f 50. (1) No person shall be placed in charge of any Persons in steam-engine or boiler used in or in connexion with any gteanvei^inea factory unless such person holds a certificate of service or or boilers to of competency granted by the Board of Examiners for engine-drivers under the Mines Act 1915 or any Act thereby repealed. (2) Every such steam-engine or boiler when in use shall be under the control and in the charge of a person who holds such a certificate. 51. (1) A certificate of service shall authorize the what service to holder to take charge of a steam-engine or boiler used eng?neer e to in or in connexion with a factory. en^nesln 86 f factories. (2) The Board of Examiners empowered in that behalf shall not grant any certificate of serv'ce unless to a person who satisfies them that he has for at least twelve months prior to the first day of October, One thousand eight hundred and ninety-six had experience which would qualify Experience, him to take charge of the working of a steam-engine or boiler used in or in connexion with a factory. * As to meaning of " employed" see Ballantyne v. Hinchcliff, noted at p. 83. t The regulations will be found at p. 148. 32 for factories. Certificates of (3) The said Board of Examiners is hereby empowered enSne-drfvers r subject to regulations* to hold examinations and to examine persons who may be desirous of qualifying themselves as engine-drivers for factories only and to grant certificates of competency to such persons as successfully pass the prescribed examination or satisfy the said Board that they have passed au equivalent examination before some authority recognised by the Governor in Council for the purpose .t (4) The 'Board of Examiners of engine-drivers appointed under any Act relating to mining shall as from the first day of March One thousand eight hundred and eighty -six be deemed to have had and to have power to issue various classes of certificates of service and competency to engine- drivers and to boiler attendants under this Act. Power to issue classes of certificates. thisAct. Power to grant 52. Notwithstanding anything to the contrary in the Mines Act 1915 the Board of Examiners shall sub- j ec ^ on iy Suc j 1 conditions as may be prescribed* grant a certificate of service to every person who by the operation of this Act is required to hold a certi- ficate of competency or of service from such Board and who furnishes to such Board satisfactory evidence that during at least twelve months within three years prior to the first day of October, One thousand eight hundred and ninety-six, he was in sole charge of and efficiently managed a steam-engine or boiler (as the case may be) in Victoria. special necessary for certificates of service. Power to disqualify certificated engine-driver upon offence 53. Notwithstanding anything hereinbefore contained a certificate of service shall not in any case be granted unless specially authorized by the Governor in Council. 54. (1) Any person holding a certificate of competency or of service granted by the said Board of Examiners and who is charged with any offence or misconduct likely to be detrimental to the proper or efficient discharge of his duties may be called upon by the Board of Examiners * The regulations will be found at page 148. t The Board of Examiners observe the following rule in the interchange of certificates: A 1st class mining certificate has no equivalent factory certificate ; a 2nd class mining certificate is equal to 1st class factory certificate ; a 3rd class mining certificate is equal to 2nd class factory certificate. Neither the 3rd class factory engine-driver's certificate nor that for boiler attendants has any corre- sponding mining C3rtiflcate. 33 to show cause why he should not be disqualified as a certificated engine-driver or boiler attendant.* (2) If he fails to satisfy the said Board he may by an Order of the Governor in Council published in the Government Gazette be disqualified for any period from acting as an engine-driver or boiler attendant and any such person shall after such Order deliver into the charge of the said Board his certificate of competency or of service which shall be retained by the said Board during the period of his dis- qualification. (3) If any such person during the period of his dis- qualification take charge of any steam-engine or boiler he shall be liable to a penalty of not more than Two pounds for every day during which he contravenes this section. ;., 55. In this division the term ' factory" where ver J^ n r it] ? n of it occurs shall be deemed and taken to include any house Division" building premises or place whatsoever where there is used either permanently or temporarily a steam engine or boiler ; and every steam-engine or boiler in any such factory shall be under the charge of some person who is the holder of a certificate of service or of competency granted by the said Board of Examiners. 56. (1) The provisions of this Division shall not apply Exemptions, to any steam-engine or boiler used on or for the purposes of any farm vineyard garden or orchard or for the exclusive purpose of providing a supply of water for private use.f (2) Notwithstanding anything contained in this Act creameries and the provisions of this Division shall apply to any steam- engine or boiler used on or for the purposes of any creamery or butter factory. 57. (1) The Governor in Council may at any time by OrderJ published in the Government Gazette exempt steam-boilers from the operation of this Division of this Part for &c ' such time as he thinks fit any particular class of steam- boilers or any steam-boilers which are used exclusively for any particular trade or business or any particular class of steam-boilers which are used in any particular locality. * The peculations at p. 153. t See also section 9 ante which exempts from the operation of this Act persons engaged in dairying, agriculture, horticulture, viticulture, or pastoral pursuits in any shire, town or borough outside the Metropolitan District. t Orders have been made undet this section exempting steam- boilers known as Vulcanizers (gazetted 26th June, 1907), the boilers of the Engineering School of the Melbourne University (gazetted 4th January 1912), and all steam boilers known as Goodyear Steam Generators, which are used exclusively for the boot trade in softening wax utilised in connexion with welting and stitchinz machines (gazetted 29th July, 1915) 14850. -2 Inspection. Pay of engine-drivers Ac. for work done on Sundays. Occupier to guard dangerous machinery appliances and parts of factory Power of Minister. (2) For the purpose of ascertaining whether the pro- visions of this Division are complied with, every inspector may at all reasonable times enter inspect and examine any house building premises or place whatsoever which he has reason to believe is a factory as therein defined and may make all necessary inquiries from any occupier or employe in such factory, and every such occupier or employe refusing or neglecting to answer any such inquiry shall be liable to a penalty of not more than Five pounds. DIVISION 17. ENGINE-DRIVERS' PAY FOR SUNDAY WORK. 58. Every person in charge of any steam-engine or boiler who is required under this Act to hold a certificate from the Board of Examiners for Engine-drivers and every person assisting such engine-driver and every fireman working with sueh engine-driver and every person assisting such fireman shall if required to work on Sunday be paid at the rate of not less than time and a half.* DIVISION 18. PROVISIONS AS TO GUARDING MACHINERY, ETC., AND PREVENTING ACCIDENTS. 59. Every occupier of a factory shall provide guards for (a) all dangerous parts of the machinery of the factory ; (6) all dangerous appliances used in or in connexion with the factory ; and (c) all dangerous parts of the factory, so as to prevent as far as possible loss of life or bodily injury, and shall keep all guards constantly maintained in an efficient state and properly adjusted, f 60. (1) For the prevention of accidents the Minister may from time to time by order under his hand (a) direct the occupier of any factory or the occupiers of all factories to take such steps as the Minister deems necessary to prevent the occurrence of - accidents ; or * Under this section an engine-driver is entitled to be paid time and a half for Sunday work. The Determination of the Mining Engine-drivers Board pro- vides that all persons who work more than 48 hours in any one week are to be paid at the rate of time and a quarter. For the purposes of the Factories and Shops Acts the week commences at midnight on Saturday night and ends at midnight on the following Saturday night. (See section 3 ante.) The question arises whether the work done on Sunday is to be included in calculating the amount of weekly overtime under the Determination. This was tested at the Ararat Court of Petty Sessions on 25th October, 1912, when the presiding police magistrate held that Sunday could not be calculated in the 48 hours to be worked during the week, as it was specially legislated for, and dismissed the case. f See Section 231. (b) direct thai any specified machine or appliance shall not be used in or in connexion with a specified factory. (2) If such steps are not taken accordingly within such time as the Minister directs, or if such machine or appliance is used contrary to the order, the factory shall be deemed not to be kept in conformity with this Act.* 61 . If any person operates machinery without the guard Penalty, for required by or in pursuance of this Act to be provided SSine without for the same or when the guard is removed or not properly guard, adjusted such person and the occupier of the factory shall be severally guilty of an offence against this Act. In the construction of sections fifty-nine, sixty-one and " Guard " to two hundred and thirty-one of this Act the word " guard " include fence> shall be deemed to extend to and include a fence. 62. Where the Minister is satisfied that any manufac- Power to make ture plant process or labour used in factories is dangerous J!f?ty*o? ns for or injurious to health or dangerous to life or limb either persons n .1 f f -, employed in generally or in the case of women or of persons under dangerous or twenty-one years of age or of any other class of persons t he may certify that such manufacture plant process or labour is dangerous, and thereupon the Governor in Council may make such regulations as may be deemed necessary and reasonably practicable to decrease or prevent danger from such manufacture plant process or labour. * The following orders have been made under this section : On 2fith October, 1910, chaffcutters were ordered to be guarded in such a way as to prevent the hand of the feeder reaching the rollers. On 2nd June, 1911. buzzer planes were ordered to be guarded by means of a bridge guard completely covering the knives. This order was supplemented on 12th December, 'Ml, by a further order allowing factory occupiers to guard their buzzer planes either by means of the bridge guard already mentioned or by the disappearing guard invented by Mr. F. W. Rooke, of Messrs. J. and T. Muir's, 37 Oapel-street, North Melbourne. On 2nd June, 1911, all power presses for stamping out tops and bottoms of cans, Ac., were ordered to be guarded. On 23rd November, 1911, it was ordered that all shaving machines in tanneries should be guarded, as devised by Mr. Alderson, Inspector of Factories, by bringing down the cover and so adjusting it as to leave an opening between the cover and the knives of not more than 5-16ths inch when the roller is brought up to its working position, This order. was supplemented on 26th June, 1912. The guard invented by Mr. Geo. Plain, of 4 Cromwell-street, Collingwood, and which might be described as an elaboration of Mr. Alderson's idea, was ordered to be accepted alternatively with tho Alderson euard in all tanneries. On 3rd October, 1919, an order waa made under this section tint Enterprise Mincing M- chines (moved by power) with open necks be guarded in such a way as to prevent the hand of the person operating the machine from reaching the worm knives. Penalty Section 233. 36 DIVISION 19. KESTRICTIONS AS TO YOUNG PERSONS AND WOMEN. Restriction on 63. (1) No female unless her hair is cut short or securely machinery 1 while fi* e( l an d confined close to her head by net or otherwise in motion or and no male wearing any apron or loose garment shall working bet ween , , , i & i parts of be allowed to work among or near moving machinery. machinery (^) ^ ma -l e under eighteen years of age and no female of any age shall be allowed to clean mill gearing while the same is in motion or to work between the fixed and traversing part of any self-acting machine while the machine is in motion by the action of steam water or other power. Consequences of 64. A male under eighteen years of age or a female Sections. allowed to clean or to work in contravention of the last preceding section shall be deemed to be employed contrary to the provisions of this Act.* Governor in rkin at dangerous 65. (1) The Governor in Council may if he thinks fit D 7 order published in the Government Gazette prohibit tne employment in any factory of any person whatsoever under the age of eighteen years at or in connexion with any particular machinery or class of machinery specified in such order as danger ous.f (2) The occupier of any factory in which there is a contravention of any prohibition made under this section shall be deemed to be guilty of a contravention of this Act. Notice of accident causing death or bodily in J ury - s. 17 NO. 3048. DIVISION 20. ACCIDENTS. 66. Where there occurs in a factory any accident which (a) causes loss of life to a person employed in the factory ; or (b) causes bodily injury to a person employed in the factory and which is of such a nature as to * Penalty Section 234. t An order was made under this section on the 30th March, 1914, prohibiting the employment in any factory of any person whatsoever under the age of eighteen years at (a) any circular saw used for cutting wood, (b) any guillotine machine moved by mechanical power, (c) any surface planing machine, (d) any shaping machine used for shaping wood, (e) any stuff-cutting machine used for the purposes of bootmaking, and on 9th July, 1918, a similar order was made prohibiting the employment in any factory of any person under eighteen years of age at any platen machine used for carton cutting. 37 prevent the parson injured by it from returning to his work in the factory within forty- eight hours after the occurrence of the accident, written notice of the accident shall forthwith after the expiration of the forty-eight hours be sent to the inspector for the district stating the residence of the person killed or injured or the place to which he has been removed ; and if any such notice is not sent, the occupier of the factory shall be liable to a penalty of not more than Five pounds. 67. The Minister may if he thinks fit obtain a report Report on death from a medical practitioner or expert upon the nature or r cause of such death or injury.* 68. Such medical practitioner or expert shall investigate Power to * ,. i i t 11,1 if investigate. into the nature and cause of such death or injury and for the purposes only of this" and the last preceding section shall have the same powers as an inspector and shall also have power to enter any room in a building to which the person killed or injured has been removed. PART IV. STAMPING FURNITURE. 69. (1) All furniture manufactured or sent out stamping of of any factory shall be legibly and permanently fu stamped. (2) All furniture manufactured or prepared either wholly Victorian- made ,, . TT . , , n i i TI' / furniture to be or partly in Victoria shall as soon as it has been practically stamped, completed so as to permit the stamp being placed on it and before it is sent out or removed from the building premises or place in which it is so manufactured or pre- pared be stamped with a stamp of an indelible permanent ink or stain or impression. t 70. (1) Such stamp shall set forth in legible type Certain the manufacturer's true name and the address of the place in which such furniture was manufactured or 9tam P * As to form of report and method of investigation, see regulations t p. 147. t As to stamping imported furniture, see section 72. 38 Buropean. Chinese. prepared. If such furniture was only partly manufac- tured or prepared by such, manufacturer the words " partly prepared by " shall be stamped above such manufacturer's name and address. stamp not to be (2) Such stamp shall be placed on some part of such furniture where it can be clearly and easily seen and read upon examining such furniture.* (3) Where an article of such furniture has been manu- factured or prepared solely by European labour such stamp shall also set forth in legible type the words " European labour only." (4) Where an article of such furniture has been manu- factured or -prepared solely or partly by the labour of any Chinese person or on the premises of any Chinese em- ployer such stamp shall also set forth in legible type the words " Chinese labour." open on pre- If Saturday 8 8 8 8 9 1 ceding day till chosen for 9 p.m. half-holiday 10. All shops of any kind not 6 6 6 6 9 1 May remain open mentioned above on preceding day till 9 p.m. t These hours were fixed by Regulation under section 84. On the Thursday preceding Good Friday and on the last day on which the shop is open preceding Christmas Day a shopkeeper may keep his shop open one hour later than the hour fixed for closing. Melbourne Prahran Preston Richmond South Melbourne St. Kilda and Williamstown and the Hallway riding of the Shire of Braybrook and the Box Hill and Surrey Hills ridings of the Shire of Nunawading and the Shire of Heidelberg except the Greensborough riding shall form one district to be called the Metropolitan District. GENERAL. 83. With the exception of shops for the sale of fresh uncooked meat hairdressers' shops tobacconists' shops and shops of the classes or kinds mentioned in the Fourth Schedule all shops situated within the Metro- s 4 (2) (a) ibid P^ tan District shall be closed on Monday Tuesday " Wednesday and Thursday from the hour of six o'clock but may be kept open until nine o'clock in the evening on the day immediately preceding a public holiday when such shops are closed for the whole of such public holiday. Hours for closing shops. H 4(2) (b) No. 348. Fourth .Schedule. Confectionery and pastry shops eating houses fish and oyster shops flower shops fruit and vegetable shops bookseller and news agents' shops cooked meat shops. S. 7 Ibid. Fourth Schedule. FOURTH SCHEDULE SHOPS. 84. (1) This section applies only to the Metropolitan District and to shops of the classes or kinds mentioned in the Fourth Schedule. (2) The Governor in Council may make regulations to have effect in and throughout the whole of such Metro- politan District or in and throughout any one municipal district or any two or more contiguous municipal districts (as the case may be) within such Metropolitan District, requiring any class or kind of such shops to be closed during the whole of each year or any part of each year (a) on all or any stated days in each week from the hours stated in such regulations;* or (b) on one stated day in each week from the hour of One o'clock ; or (c) On one or more stated days in each week from any hours fixed by such regulations and per- mitting such closed shops to re-open on such stated day or days from such other hour or hours as may be fixed by such regulation. * All cooked meat (other than tinned meat) shops in the Metropolitan District are required to be closed from the hour of 8 p.m. on Monday, Tuesday, Wed- nesday and Thursday ; 10 p.m. on Friday, 11 p.m. on Saturday. (Regulation gazetted 25th August, 1915). All fruit and vegetable shops in the Metropolitan District are required to be closed during the months of May, June, July, August and September, from the hour of 7 p.m. on Monday, Tuesday, Wednesday and Thursday. (Regulation gazetted 16th October, 1918.) 45 (3) Such a regulation may be made as to shops of any Preiiminwr class or kind so specified for any or all of the pur- petltlon - poses aforesaid but shall in no case be made unless a petitionf therefor has previously been addressed to the Governor in Council and forwarded to the Minister. (4) In the case of a regulation being desired as to any Regulation foi particular class or kind of shops for the whole of the whole Metropolitan District such petition shall be signed by a DMrict 01t * majority of all the shopkeepers (exclusive of hawker& and pedlers) of the particular class or kind to be affected keeping shops within the Metropolitan District. (5) In the case of a regulation being so desired for one ft e g u i ation for . municipal district or for two or more contiguous muni- one municipal cipal districts within the Metropolitan District such contiguous * petition shall be signed by a majority of the shopkeepers (exclusive of hawkers and pedlers) of the particular class District. or kind to be affected keeping shops within such district or contiguous districts.! (6) It shall be the duty of the municipal clerk of each Municipal clerk municipal district to which any petition relates on such to certify. petition being referred to him to certify how many of the persons signing such petition are shopkeepers (exclusive of hawkers and pedlers) keeping shops within such muni- cipal district of the class or kind of shops to be affected by the regulation desired by such petition and also to state and certify the total number of the said shop- keepers keeping such class or kind of shops within such municipal district.! (7) Notwithstanding any petition received by the shortest Minister for the amendment or repeal of any regulation duration i -,.!-, n ! i . i & of regulations. made by the Governor in Council under the provisions of this section, such regulation shall remain in force for not less than six months from and after the date of its publication in the Government Gazette. 85. No shopkeeper who keeps his shop closed for the Effect of doslng whole of any public holiday occurring In any week shall for public be deemed to be guilty in respect to such week of a con- h< travention of any provision of any regulation under this Division providing for the closing on one afternoon or from one o'clock on one afternoon in each week of all shops of any particular class or kind mentioned, in the Fourth Schedule. Fourth Schedule. t See section 9 Act 3048 as to any stall or standing in a market page 42. BUTCHERS' SHOPS. i',uccnrs- saops. 86. All shops within the Metropolitan District for the sale of fresh uncooked meat shall be closed in every week On Monday Tuesday Wednesday and Thursday from the hour of five o'clock; On Friday from the hour of eight o'clock; On Saturday from the hour of one o'clock; but may be kept open until eight o'clock in the evening Public holiday. OP the day immediately preceding a public holiday when such shops are closed for the whole of such public holi- day. Hairdressers' Shops. **7. All hairdressers' shops within the Metropolitan politan District shall be closed* in every week district. ' s. 4 NO. 30487 On Monday Tuesday Wednesday and Thursday from the hour of eight o'clock; On Friday from the hour of nine o'clock; and On Saturday from the hour of one o'clock; but may be kept open until nine o'clock in the evening on the day immediately preceding a public holiday when such shops are closed for the whole of such public holiday. Tobacconists' Shops. Tobacconists* 5 (3048). (1) All tobacconists' shops situated hops. within the Metropolitan District shall be closed in every week as follows, namely: On Monday Tuesday and Thursday from the hour of eight o'clock; On Friday from the hour of eight o'clock except when such shops are to be closed at one o'clock on Saturday when they shall be closed from the hour of nine, o'clock on Friday; On Wednesday from the hour of one o'clock or eight o'clock whichever of these times is chosen by the shopkeeper; and * Semble, a hairdresser shall not niter the hour fixed for closing commenre to shave or dress the hair of a customer. Powell v. Kierulf, 24 V.L.R. 851. 47 On Saturday (a) from the hour of one o'clock when the closing time on the preceding Wed- nesday was eight o'clock; or (b) from the hour of nine o'clock when the closing time on the preceding Wednes- day was one o'clock; but may be kept open until nine o'clock in the evening on the day immediately preceding a public holiday when such shops are closed for the whole of such public holiday. (2) The choice of a keeper of a tobacconists' shop as to the closing time on Wednesday may be made in Saturday respect of any such shop or shops occupied by him by sending through the post by registered letter to the Chief Inspector a notice in the form prescribed.* Until he so makes such choice a tobacconist shall be deemed to have chosen one o'clock as the closing time for his shop on Wednesday. (3) A tobacconist who has two or more different shops all of which are situated within one mile of each shop, other in the metropolitan district shall close all such shops either at one o'clock on Wednesday or at one o'clock on Saturday and may make his choice accordingly. (4) When a tobacconist has made a choice as afore- said he shall not make another choice until after the expiration of three months therefrom. 88. Repealed ~by Section 4, Act No. 3048 SMALL SHOPS. 89. The expression " small shops " means those shops Definition of which would except for the following provision of this sma11 8h P 8 - Act be required to close at the times specified in section eighty-three or eighty-six and wherein only one assistant (whether paid or unpaid) is engaged or employed and fche shopkeeper whereof and the assistant (if any) are registered as hereinafter provided. 90. Small shops and the keepers thereof and assistants Registration therein shall be registered annually by the Chief In- annuall y- spector. * See p. 161 for the prescribed form. Registration of 91. (1) The registration of a shop as a small shop and lhops> of the keeper thereof and of any assistant therein may be allowed in cases of widows old people and in cases of great hardship and shall be at the absolute discretion of the Minister. (2) No person shall be registered or employed as an assistant in a small shop unless such person is the hus- band wife child stepchild grandchild brother sister nephew niece grandparent or parent of the shopkeeper and is not employed in any other shop or in any factory. (3) In relation to small shops the term " keeper " shall not include the manager of a shop. Penalty, 92. Every keeper of a small shop who is assisted by or employs an unregistered assistant shall be guilty of an offence and shall be liable to a penalty of not more than Two pounds and on a second conviction shall be liable to a penalty of not more than Ten pounds and on a third conviction his registration may be suspended for a term of not more than two years. s. 4 NO. 3048. Application of 93. Small shops shall in every week be closed on Monday Tuesday Wednesday and Thursday from the hour of eight o'clock; on Friday from the hour of nine o'clock; and on Saturday from the hour of one o'clock. 94. The provisions of this Act relating to small shops sna11 a PP lv witnin tne Metropolitan District only. DIVISION 3. HOURS OF CLOSING OUTSIDE THE METROPOLITAN DISTRICT. Non-application 95. The provisions contained in this Division shall rHs?rict? POlitan have no force or effect within the Metropolitan District. Hours for closing shops outside Metropolitan District. IMd GENERAL. 96. All shops outside the Metropolitan District (other than shops for the sale of fresh uncooked meat hair- dressers' shops tobacconists' shops and shops of the classes or kinds mentioned in the Fourth Schedule) shall be closed on Monday Tuesday Wednesday and Thursday from the hour of seven o'clock but may be permitted to 49 be kept open later or be required to be closed earlier during such hours as shall be specified on Monday Tues- day "Wednesday or Thursday under any by-law* made or to be made under the authority of this Division or any previous corresponding enactment and may be kept open until nine o'clock in the evening on the day imme- diately preceding a public holiday when such shops s 2 NO 2375 are closed for the whole of such public holiday. Where |bid in any section in this Part there is a provision relating to the closing of shops on a day immediately preceding a public holiday such provisions shall be construed as applying to any of the shops referred to in such section which is closed for the whole of such public holiday. FOURTH SCHEDULE SHOPS. 97. Any municipal council may if it thinks fit at any Power to .. i-i^ i 111- J municipal time make alter and repeal by-laws in and tor the muni- council on cipality for all or any of the following purposes, EyS fixing ke namely: f hours of closing of shops in For requiring shops of any class or kind mentioned in the Fourth Schedule to be closed during the whole of each year or any part of each year (a) on all or any stated days in each week from the hours stated in such by- laws; (b) on one stated day in each week from the hour of one o'clock; or (c) on one or more stated days in each week from any hours fixed by such by-law and permitting such closed shops to re-open on such stated day or days from such other hour or hours as may be fixed by such by-law. * The defendant, a hairdresser, was charged upon information with a breach of the Factories and Shops Act 1890 for that not being licensed to keep open after 7 o'clock in the evening he did not close his shop from that hour. At the hearing , before a court of petty sessions the prosecuting solicitor admitted the existence and operation in fact of a by-law allowing hairdressers to keep open until 8 p.m., but alleged that it was ultra vires. The by-law had not been quashed. The justices convicted the defendant for not having closed his shop at 7 o'clock. Held, that the conviction *was bad. Powell \. Kierulf, 24 V.L.R., 851. t The by-laws already made under the provisions of this section are too numerous to be given here. The Governor in Council may make regulations for any of the purposes for which a municipal council is by the Factories and Shops Acts empowered to make by-laws. (Sections 101 and 102.) 50 Such a by-law may be made as to shops of any class or kind so mentioned for any .or all of the purposes afore- said, but shall in no case be made unless a petition cer- tified to by the municipal clerk as being signed by a majority of the shopkeepers* (exclusive of hawkers and pedlers) within such municipal district keeping shops of the class or kind to be affected has been previously pre- sented to the municipal council, f BUTCHERS' SHOPS. Butchers' shops 93 (i) All shops outside the Metropolitan District outside the ,11 <> / i , ^ i n i i i Metropolitan tor the sale or iresn uncooked meat shall be closed in every week On Monday Tuesday Wednesday and Thursday from the hour of seven o'clock; s. 4 NO. 3048. On Friday from the hour of nine o'clock ; On Saturday from the hour of one o'clock, ibid. but may be kept open until nine o'clock in the evening on the day immediately preceding a public holiday when such shops are closed for the whole of such public holiday. Provided that in any municipal district or specified locality where regulations have been made exempting from the provisions of section seventy-seven or any previous corresponding enactment and fixing the hours of closing all shops or all shops of any class or kind, regulations may be similarly made exempting from the provisions of this sub-section shops situated in the same municipal district or specified locality for the sale of fresh uncooked meat and fixing their hours of closing on petition signed by a majority of keepers of * See section 9 Act 3048 (at page 42) as to any stall or standing in a market. t Under a former section it was decided that the certificate of a municipal clerk need not set out upon its face all facts prescribed by the Act as matters in respect of which it is to be given, but it is sufficient if in general words it follows the language of the section. Such a certificate though good in form is not final and conclusive. The court may look at the facts upon which it is based in order to see whether it is wrong in substance. If such a certificate be wrong in substance the regulation grounded upon it will be set aside. Ellis v. Horsley, 23 V.L.R., 609. Compare section 244 of this Act. The presentation of a petition certified by the municipal clerk as signed by a majority of the shopkeepers substantially interested and affected thereby was held under a former section to be a condition precedent to the making of any by-law or regulation. Ellis v. Horsley (supra) distinguished. Ex parte Crawcour, 26 V.L.B., 406. Can 51 such shops in such municipal district or specified locality and certified as required by section eighty.* (2) Such shops may be permitted to be kept open later or be required to be closed earlier during such hours as shall be specified on any Monday Tuesday Wednesday Thursday or Friday under any by-law made s. 4 NO. 3048. or to be made under the authority of this Division or any previous corresponding enactment.. HAIRDKESSERS' SHOPS and Tobacconists' Shops. lbld - 99. . Hairdressers' shops and tobacconists' shops out- ibid. side the Metropolitan District shall be closed in every Hairdressers' -,/.,, . J and tobacconists week as follows, namely : shops outside On Monday Tuesday and Thursday from the hour Metropolis of seven o'clock; District. On Friday from the hour of seven o'clock except when such shops are to be closed at one o'clock on Saturday when they shall be closed from the hour of ten o'clock on Friday; On Wednesday from the hour of one o'clock or seven o'clock whichever of these times is chosen by the shopkeeper; and On Saturday (a) from the hour of one o'clock when the closing time on the preceding Wednes- day was seven o'clock; or (b) from the hour of ten o'clock when the closing time on the preceding Wednes- day was one o'clock, but may be permitted to be kept open later or be re- quired to be closed earlier during such hours as shall be specified on any Monday Tuesday or Thursday under any by-law made or to be made under the authority of this Division or any previous corresponding enact- ment and may be kept open until ten o'clock in the evening on the day immediately preceding a public holiday when such shops are closed for the whole of such public holiday, f 100. Any municipal council may if it think fit in the Power to cases and for the purposes set forth in sections ninety- make by " ] six, ninety-eight and ninety-nine at any time make alter and repeal by-laws in and for the municipality. * See section 9 Act 3048 (at page 42) as to any still or standing in a market." t See Powell v. Kienilf, cited in note to section 96. 52 Governor in Council may make regulations for closing of shops &c. Inconsistent by-laws of no effect. Power to fix hours of closing certain shops. Petition. Certification of petition. Shortest duration of regulations. Such a by-law may be made for any of the purposes aforesaid, but shall in no case be made unless a petition certified to by the municipal clerk as being signed by a majority of the shopkeeper sf (exclusive of hawkers and pedlers) within such municipal district keeping shops of the class or kind to be affected has been previously pre- sented to the municipal council.* REGULATIONS. 101. (1) The Governor in Council may make regula- tions to have effect within any specified municipal dis- trict, or in the case of a shire within any specified part of such district, for any of the purposes for which a municipal council is by this Act empowered to make by-laws. (2) When the Governor in Council has for any muni- cipal district or part thereof made any regulation under this section then any by-law previously or subsequently made by the council of such district which is incon- sistent with such regulation shall be deemed to be of no force or effect so far as it relates to such district or part (as the case may be). (3) Where by any by-laws shops of any particular class or kind have been permitted to keep open after the hours specified in this Division, a regulation made under this section may fix the hours for the closing of such class or kind of shops at the hours specified in this Division. (4) No such regulation shall be made in cases where by this Division it is required that a petitionf shall have been previously presented to the making of such by-law, unless a like petition similarly signed and cer- tified to by the municipal clerk has previously been addressed to the Governor in Council and forwarded to the Minister. (5) The municipal clerk is hereby required, when any such petition is referred to him by the Minister, to certify whether or not such petition has been signed by a majority of shopkeepers (exclusive of hawkers and pedlers) keeping shops within the locality affected of the class or kind to be affected. (6) Notwithstanding any petition received by the Minister for the amendment or repeal of any regulation made by the Governor in Council under the provisions of this section, such regulation shall remain in force for * See Ellis v. Horsley, 23 V.L.U., 609, and Exparte Crawcour, 26 V.L.R., 406 noted at section 97. t See also section 9 Act 8048 at page 42. 53 not less than six months from and after the date of its publication in the Government Gazette. GEELONG DISTRICT. 102. (1) For the purposes of this Act the City of Geelong the Boroughs of Geelong West and Newtown D and Chilwell and the Moorpanyal riding of the Shire of Corio shall form one district to be call-ed the Geelong District. (2) The Governor in Council may make regulations Regulations foe to have effect in and throughout the whole of such Geelong District providing for any of the purposes for which a municipal council is by this Act empowered to make by-laws. (3) No such regulation shall be made unless a petition Preliminary therefor has previously been addressed to- the Governor P etltlon - in Council and forwarded to the Minister. (4) Such petition shall be signed by a majority of all Majority of the shopkeepers (exclusive of hawkers and pedlers) keeping shops within such district of the classes or class of shops to be affected.* (5) It shall be the duty of the municipal clerk of each Municipal oierk municipal district to which any petition relates on such to certlf y- petition being referred to him by the Minister to certify how many of the persons signing such petition are shop- keepers (exclusive of hawkers and pedlers) keeping shops within such municipal district of the classes or class of shops to be affected by the regulation desired by such petition and also to state and certify the total number of the said shopkeepers keeping such classes or class of shops within such municipal district. (6) Where the Governor in Council has for the wto by-law Geelong District made any regulation under this section with^uSou then any provisions to the contrary of any by-law pre- of Governor viously or subsequently made by the council of any iE municipal district included in the Geelong District and any provisions to the contrary of any regulation pre- viously made by the Governor in Council which are or is inconsistent with such regulation shall thereupon be deemed to be of no force or effect whatever. (7) Notwithstanding any petition received by the Shortest Minister for the amendment or repeal of any regula- tion made by the Governor in Council under the pro- visions of this section such regulation shall remain in force for not less than six months from and after the date of its publication in the Government Gazette. * See also section 9 Act No. 3048 at page 42. 54 Penalty for breach of regulation or by-law. Penalty for employer detaining employ6 on half-holiday. Provision as to closing shop selling goods of various kinds. Power to suspend as to any ehop. OFFENCES AGAINST REGULATIONS AND BY-LAWS. 103. Every person guilty of any offence against any regulation made pursuant to this Division or any pre- vious corresponding enactment or against any by-law made by a municipal council in pursuance of this Divi- sion or any previous corresponding enactment shall not- withstanding any provision of any by-law be liable for the first offence to a penalty of not more than Two pounds and for every subsequent offence to a penalty of not less than One pound nor more than Ten pounds. DIVISION 4. GENERAL SHOP PROVISIONS. SANITARY PROVISIONS. HOURS OF WORK. HALF-HOLIDAYS, REGISTRATION, ETC. MISCELLANEOUS. 104. If any person is employed in any shop later than half-an-hour after the time of closing for a half- holiday, the employer shall be liable to a penalty of not more than Two pounds for each offenoe in respect of each person so employed.* 105. (1) If in any shop any trade or business is carried on or any goods are dealt in of such descriptions or kinds as would under the provisions of this Act or of any by-law or regulation made or for the time being in force hereunder necessitate such shop being closed during certain hours then such shop shall be closed for all purposes during such hours, f [(2) The Minister may suspend^ the provisions of sub-section (1) of this section in any shop to such extent and subject to such conditions as may appear requisite, and such suspension may be revoked by the Minister by a notification under his hand posted to the occupier of the shop affected thereby. No such suspension shall authorize the sale or offering for sale or exposure for sale of any goods the dealing in ivhich would under the provisions of this Part necessitate the closing of such shop. Repealed by Section 10, Act 3048.] * Compare section 240. t "A person who carries on in the same shop within the Metropolitan District two different kinds of business, one of which is within the Fourth Schedule and the other not, must close the whole of his shop on the weekly half-holiday. In order to establish an offence under the section it is not necessary to prove that a sale of goods has taken place. In support of a charge that a business was carried on at a shop on a specified day, evidence is admissible that sales were made there shortly before and after the day in question. Billingham v. Qaff, 13 A.L.R. 474. See also (1907) V.L.R. 691, 29 A.L.T. 159. 55 10 (Act 3048) . Sub-section (2) of section one hun 105 dred and five of the Principal Act is hereby repealed : NO power to Provided that such repeal shall not affect any suspen- J!!s!on as to sion granted and in force at the date of the coming 2?i? n n g g g 8 ood P s O f into operation of this Act and every such suspension various kinds, shall unless sooner revoked continue in force until the Jjjjjf fg* 8 to thirty-first day of December One thousand nine hundred suspensions, and twenty and no longer; and the said sub-section (2) shall continue to apply to such suspension until the said date as if this section had not passed. J06. (1) Every occupier of a shop shall cause to be sitting provided suitable sitting accommodation for all persons to be provided employed in his shop in the proportion of one seat to empioyl s for every three persons employed; such sitting accommoda- tion shall be conveniently situated for the use of the persons for whom the same is provided. (2) The occupier of any shop shall allow every person employed therein to make use of such sitting accommo- dation at all reasonable times during the day.* 107. (1) The Minister may. after due inquiry and Power to ,.. JJ ^ J . . , suspend shop subject to such, conditions as may appear requisite provisions at suspend the provisions of this Act which relate to shops exhibition in any building or place in which a public exhibition ^arrtabi* " fot of works of industry and art or bazaar or fair for purposes only, benevolent or charitable purposes is being held, provided tbat such, exhibition be not carried on for the benefit or gain of any private persons. (2) In the event of any breach of the conditions of such suspension the same may at any time be revoked by the Minister. 108. A shopkeeper shall not charge any manager or Limitation of assistant who is required to reside on the premises in ch^gSa^ t nt connexion with the shop in which the business of such resident shopkeeper is carried on a greater sum as rent for such assistant of premises than Ten shillings per week. shopkeeper 109. Where any person carrying on the business of Person to whom a hairdresser or barber lets any chair or part of his barb^r's^hop 1 shop to any other person for the purposes of the busi- is let for ness of a hairdresser or barber the person to whom the bSSto be 8 deemed to be * The sitting accommodation must be always available. It is not a compliance an employe 1 , with the section if the seats provided, though of the requisite number, are avail- able for the customers in the first instance. Trainor v. Younger, 13 A.L.R. 50, ?8 A.L.T. 171. Penalty for sale of new goods by auction after hours for closing shops. Sate of motor spirit after hour. Conveniences for employes. chair or part of the shop is let shall be deemed to be the employe of the person who lets the same and shall be paid as such. 110. Where any person in any building, room, or place in any municipal district and at any time when shops in such district are required by this Act to be closed sells by auction any -new goods such as are usually sold in any such shops, such person (notwith- standing that he is a licensed auctioneer) shall be guilty of an offence against this Act. 111. Notwithstanding anything in this or any other Act the sale from any shop after the hour when such shop should be closed of petrol benzine or other motor spirit to travellers for the purpose of enabling them to continue any journey shall not be regarded as an offence. SANITARY PROVISIONS AND VENTILATION OF SHOPS AND BUILDINGS. 112. (1) The occupier of every shop office warehouse or building (other than a factory) in which persons are working or employed in any business whatever shall as may be prescribed construct privies and urinals for the use of such persons and where they are of different sexes separate privies for the use of each sex with approaches thereto properly separated for the sexes. (2) The occupier of any building who fails to comply with the provisions of this section shall be liable to a penalty of not less than Two nor more than Twenty pounds. ingress egress 113. (1) Every shop shall be provided by the occu- lhop8 * pier thereof with the prescribed means of ingress and egress and with the prescribed gangways stairways and passages (which shall not be obstructed) and witk the prescribed appliances for the prevention and extinction of fire. (2) The occupier of a shop shall not permit or suffer the same or any part thereof to be at any time so over- crowded as to be dangerous or injurious to the persons of either employes or customers therein. (3) Every person who contravenes any of tVe pre- ceding provisions of this section or of any % regulation made thereunder shall be guilty of an offence and shall be liable to a penalty of not more than Twenty-five pounds. (4) The occupier of every warehouse and every shop ventilation of shall provide such amount of ventilation as may be pre- SJJjJ 011 i -i JL. scribed.* LIMITATION OF HOURS OF WORK. 114. (1) Except as in this section and in section one hundred and eighteen otherwise provided no person other than a person employed solely as a carter or porter or night watchman shall work for hire or reward in any shop or at any work in connexion with a shop for a longer time (excluding meal times) than fifty-two hours in any one week, or for a longer time (excluding meal times) than nine hours in any one day, except on one day in each week when twelve hours' work may be done. In any week in which a public holiday occurs, such public holiday not being on a Saturday, twelve hours' work may be done on two days in such week if the shop is closed for such public holiday, f (2) Any person may, if notice in writing las pre- viously been sent to the chief inspector, be employed notice given in any shop or at any work in connexion with a shop for any time not exceeding three hours in any one day beyond the ordinary working hours, provided that the total number of days in any one year on which in any shop or at any work in connexion with a shop any such person is so employed shall not exceed twenty-five. Provided also that each shop assistant employed during such extended hours shall be paid not less than payments. One shilling for tea money on each day overtime is worked, and shall be paid for such overtime at the rate of time and a half for every hour or fraction of an hour so .worked, provided that no such payment for overtime shall be less than Sixpence per hour or fraction of an hour.J The onus of proof that the conditions of this proviso have been complied with shall in all cases be on the defendant. * See page 131. t A weekly half-holiday for persons employed in shops is provided for in section 117. J Provision is made in this and other sections and the regulations for payment of overtime or tea money, or both, to certain classes of persons working in excess of t e statutory or regulation number of hours per day or week, such as males under sixteen years of ace and females in factories (section 37), employes in Fourth Schedule shops, and others (section 119), and carters (section 132). 58 Intervals for meals. Previous employment on same day. Penalty. How hours of work are to be reckoned. By-laws. Weekly half- holiday. Fourth Schedule. (3) No person shall be employed in any shop more than five hours without an interval of at least half- an-hour for a meal. (4) No male under sixteen years of age or female who has been previously employed during the same day in a factory shall be employed during any day in any shop or at any work in connexion with a shop for a longer time than will when added to the time such person worked in the factory exceed eight hours in the whole. (5) The occupier of a shop in which any contraven- tion of this section occurs shall be liable for the firs* offence to a penalty of not more than Five pounds and for every subsequent offence to a penalty of not less than Two or more than Twenty pounds. 115. Where any person is employed in any capacity in any shop during any day or week, then all the time during which such person is employed at any work whatsoever for the occupier of the shop during such day or week shall be deemed for the purposes of this Act to have been time worked in such shop.* 116. Any municipal council outside the Metropolitan District may if it thinks fit at any time make alter and repeal by-laws in and for the municipality for limiting the total number of hours persons may be employed during the week or during the day and night in shops other than Fourth Schedule shops allowed to remain open at night. Such limit shall not be less than eight hours in each full day and night. HALF-HOLIDAYS IN SHOPS GENERALLY. 117. Every occupier of any shop wheresoever situated in Victoria whether in a shire or not other than a shop of one of the kinds mentioned in the next suc- ceeding section shall cause and permitf each and every person employed in such shop (except persons employed principally as carters or porters) to have and take a half-holiday from the hour of one o'clock in the after- noon of some day in each week other than a Sunday. * For similar provision as to factories see section 44. t The word "permit" in this section means "give permission to," and it is the duty of the employer to do some act to determine the days on which his employes may have the half -holidays. Martin v. McCann, 22 V.L.R. 553, 3 A.L.R. 59, 18 A.L.T. 226. Employers must not only allow each employe 1 to have a weekly half- holiday, but also see that such half-holiday is actually taken. EUit T. Hartley, 27 V.L.R. 31, 7 A.L.R. 125, 23 A.L.T. 2. See section 104 as to penalty. 59 HOURS OF WORK AND HALF-HOLIDAYS IN FOURTH SCHEDULE SHOPS, HOTELS, CLUBS, ETC. 118. Except as hereinafter provided no female shall be employed for more than fifty-six hours and no male certain shops, for more than fifty-eight hours excluding meal times * c - in any one week (a) in any coffee palace, confectionery and pastry shop, So 1 sow eating-house, fish or oyster shop, flower shop, fruit and vegetable shop, bookseller's and news agent's shop, cooked meat (other than tinned meat) shop, hotel, premises for which an Australian wine licence or a billiard table licence is in force, premises which are occupied as a club. (All of which are for the purposes of this and the three next succeeding sections hereinafter referred to as " shops "); or (6) in the trade or business of a caterer. 119. Any person employed in any such shop or trade Overtime, or business may with the written consent of the chief inspector be employed overtime for any time not ex- ceeding ten hours in any one week: Provided that (a) the number of weeks in any year in which any person is so employed overtime shall not exceed six; (b) an overtime rate of time and a half shall be paid; (c) Sixpence shall be paid for tea-money on each day overtime is worked.* 120. In cases where any of such shops are usually whole holiday kept open or such trade or business is usually carried b? given ] on, on all the seven days of the week, the person having in each week - .the management thereof shall cause and permit each person employed therein to have and take in each week * Payment of overtime and tea money is also provided for in other cases, e.g., males under sixteen years of age and females in factories (section 37), shops generally (section 114). and carters (section 132). 60 Exceptions. 8. 11 (3) NO. 3048 Power* of inspectors. ibid. a whole holiday of twenty-four hours commencing at the usual hour of beginning work on such day in each week as the manager in the case of each such person thinks fit. Provided that between the first day of December in each year and the last day of February next following in all parts of Victoria situate more than ten miles from the Metropolitan District a half-holiday only as provided in the next succeeding section need be given. 121 ' ^ n a ^ other cases included in section one hun- dred and eighteen and not provided for in section one hundred and twenty the person having the management of the shop or trade or business shall cause and permit each such person to take a half-holiday from the hour of two o'clock in the afternoon of Monday, Tuesday, Wednesday, Thursday, Friday, or Saturday in each week. INSPECTION OF SHOPS. 122. Every inspector shall* for the purposes of {-} 16 execution of this Act have power to do all or any of the following things, namely : (a) to enter for the purposes of this Act at all rea- sonable times any shop and to examine either alone or in the presence of the occupier any employe with respect to such matters under this Act as relate to shops ; (b) to enter inspect and examine at all reasonable times by day or night any place whatsoever when he has reasonable cause to believe that any person is employed therein at work for which a Wages Board has fixed prices or rates; (c) to require the production of all pay-sheets or books wherein an account is kept of the actual wages (whether by piece-work or not) paid to any individual employe in any place to which the Determination of any Wages Board applies and to take copies or extracts from the same ; (d) to require the production of the certificate of registration books registers certificates notices lists and documents kept in pursuance of this Act or of any regulations made hereunder and to inspect examine and copy the same : For powers as to factories see sections 18-20. 61 (c) to examine either alone or in the presence of the employer his agent or servant with re- spect to matters under this Act every person whom the inspector has reasonable cause to believe to be or to have been within the pre- ceding two months employed at work for which a Wages Board* has fixed prices or s. 2 NO. 3048. rates and to require such person to be so ex amined anH to sign a statutory declaration as to the truth of any statements made by him as to the matters respecting which he is so examined ; and (/) to exercise such other powers as may be neces- sary for carrying this Act into effect. 123. (1) Every inspector when entering inspecting inspector may and examining any shop pursuant to any of the pro- {J accompanied visions of this Act may take "with him into such shop interpreter. any person who in the opinion of such inspector is qualified to act as an interpreter. (2) Any inquiry or requisition to any occupier or his Effect of agent or employe or any person made on behalf of such interpreted." by inspector by the person so acting as interpreter shall for all purposes be deemed to have been actually made by the inspector, and the answer thereto when made by an occupier . agent employe or person to the person acting as interpreter shall be deemed to have been actually made to the inspector. (3) Any person who obstructs any person so acting obstruction of as an interpreter shall be deemed to have obstructed tin inter P reter - inspector in the execution of his duties and shall tt punishable accordingly, f 124. (1) Every person who Obstruction of v , i inspector. (a) wilfully delays an inspector in the exercise of any power under this Act, or (b) fails to comply with a requisition of an in- spector made under any such power as afore- said, or to produce any certificate of regis- tration book register certificate notice list or document which he is required by or in pur- suance of this Act to produce, or (c) conceals or prevents any person from appearing before or being examined by an inspector or attempts so to conceal or prevent a person, * The appointment of Wages Boards is dealt with in section 133 and several following sections. t Penalty Section 236. 62 ' Evidence. Notice of occupation of uhops. Content* of notice. Registration. No fee tor small shops. "Year" for which shop registered. shall be deemed to obstruct an inspector in the execution of his duties under this Act.* (2) No person shall be required under this section or the two last preceding sections to answer any question or give any evidence tending to criminate himself. REGISTRATION OF SHOPS, f 125. (1) Every person or body of persons going into or being in occupation of any shop shall within fourteen days of such going into or being in occupation; or in occupation of any building or place which be- comes for the first time or after a period of disuse again becomes a shop shall within four- teen days of such building or place becoming or again becoming a shop, serve on the chief inspector at his office a written notice in the prescribed form. J (2) Such notice shall specify particulars of the names of such person or body of persons and a description of the shop ; the place where such shop is situate; the classes or kinds to which such shop belongs; the name of the person or body of persons under which the business of the shop is carried on ; and such other particulars as are prescribed. (3) If it is shown that all the requirements of this Act have been fulfilled the chief inspector shall register such shop and issue a certificate of such registration on payment of the registration fees as hereinafter provided. (4) No fee shall be payable for shops registered under section ninety. (5) The year for which shops are registered shall begin on the first day of March and end on the last day of February next following, and the annual fee shall be payable on the first day of March in each year; but when any shop is first occupied after the thirty-first day ot August in any year the fees to be paid on registration for the current year shall be one-half of the annual fees. * Penaltv Section 236. t A "Shop "is (1) Any place, stall, tent, vehicle or pack in which goods are offered or exposed for sale by retail. (2) Any one of the following places : Hairdressers' or barbers' rooms. Boot repairers' shops. Dyers and clothes cleaners' rooms. In order to register a shop or renew the registration annually, application should be made to the Department of Labour or the nearest police station for the necessary form. This should be carefully completed and posted together with the registration fee to the Secretary for Labour, Spring- street, Melbourne. The scale of fees will be found on page 63. $ Regulation, page 136. 63 (6) Any person or body of persons in occupation of Penalty for non- any shop not registered as required by this Act shall be re s lstration - liable to a penalty of not more than Ten pounds. (7) The following shall be the scale of fees: scale of fees. Every shop in which more than sixty persons are employed Three pounds and three shillings per annum. Every shop in which more than thirty and not more than sixty persons are employed Two pounds and two shillings per annum. Every shop in which more than ten and not more than thirty persons are employed One pound and one shilling per annum. Every shop in which more than six and not more than ten persons are employed Ten shillings per annum. Every other shop Two shillings and sixpence per annum. (8) Nothing in this section shall apply to hawkers or Hawkers and nerHprs P edlers lers - exempted. 23 (Act No. 3048). Notwithstanding anything con- * x r c |Jj| t [J! l M J[ ed tained in the Factories and Shops Acts no fees shall be Sailfesffom 861 payable in respect of any dairy which holds an annual fccs> licence as a dairy under the "Dairy Supervision Act 1915. " RECORD OF EMPLOYES, ETC., TO BE KEPT IN SHOPS, ETC. 126. (1) Every occupier of a shop and every employer Record of of any person engaged in any process trade business or occupation which is or may become subject to the pro- visions of a Wages Board shall make a true record in s. 2 NO. 3048. such form and giving such particulars as may be pre- scribed as to the names work and wages of the persons employed by him and the name and age of every such person who is under twenty-one years of age, and such record shall be produced for inspection whenever de- manded by the inspector and shall be forwarded annu- power to obtain ally to the chief inspector at such time as may be pre- records - scribed or whenever demanded for the purpose of pre- paring statistics for the information of either House of Parliament in connexion with the appointment of a Wages Board. ibid. (2) There shall be kept printed painted or affixed in information to legible Roman characters in some conspicuous place at or ^ O posted in near the entrance of each and every shop, and in such 64 Name of occupier to be posted outside shop. Penalty. Restrictions of hours of carting and delivery of goods, &c. Exemptions from restrictions of hour? of carting and delivering of goods. other parts as an inspector from time to time directs, and in such a position as to be easily read by the per- sons employed in such shop a notice containing (a) the name and address of the inspector for the district ; (b) true copies or abstracts of such parts of this Act and the regulations as may be prescribe'!, or as may be directed by the Minister. (3) There shall also b kept printed painted or affixed in legible Roman characters, in such place as an inspector may direct or approve, near to the outside of the prin- cipal outer door of every shop the name of the occupier thereof, or if such occupier is a company the registered name of such company, or if such occupier is a firm of persons the firm name of such firm. (4) Any person contravening any of the provisions of this section shall be liable to a penalty of not more than Twenty shillings for every day during which any of the said provisions are not complied with. PART VI. CARTING AND DELIVERY. 127. (1) (a) No person shall cart or deliver or per- mit any other person in his employment to cart or de- liver any goods wares merchandise or materials whatso- ever before half -past seven o'clock in the morning nor after half-past seven o'clock in the evening on any Mon- day, Tuesday, Wednesday, or Thursday nor before half- past seven o'clock in the morning nor after nine o'clock in the evening on any Friday nor before half -past seven o'clock in the morning nor after half -past one o'clock in the afternoon on any Saturday.* (b) The restrictions contained in this sub-section shall not apply to Cab drivers ; Persons driving tramway cars or motor omnibuses for conveying passengers; Persons carting or delivering perishable articles of human food ; Persons delivering parcels of laundry-work ; Persons carting flowers to market; * Carters and carting are regulated speaking broadly in three ways: (1) As to the time of day during which carting may be carried on. By this Section. (2) As to the number of hours a carter may work in one week and as to his weekly half -holiday. By Regulations. See page 154. (3) As to wages, overtime rates, and general conditions of work. By the Determination of the Carters Wages Board. See section 5 ante for the area to which this section applies and section 241 for penalty. 65 Persons -carting newspapers; Persons carting materials tor the repair of tram* ways; Persons carting materials for repairing purposes in case of a breakdown in connexion with water- works sewerage works electric light works gas- works or any other public utility or of any plant in a factory which would otherwise have to be closed either forthwith or during the next working day for repairs; Persons carting bones and meat refuse from butchers' shops; Persons removing dead animals; or (From the first day of November in any year to the fifteenth day of April next following) per- sons delivering aerated waters cordials or ice. (2) On the evening immediately preceding a public holiday cartage or delivery may be continued until ten o'clock. (3) Any person may if permitted in writing* by the Permission to chief inspector be employed in such carting or delivery a fte?hours. either before or after the hours mentioned in this sec- tion provided that such person is, paid at the rate of Two shillings for each hour for such carting or deli very, f 128. Nothing in this Act shall be taken to prevent any person who has carted any goods wares merchandise or materials whatsoever from outside completing his journey in any city or town or in any borough or part of a shire to which this part of this Act has been ex- tended after the hours stated in the last preceding sec- tion to the extent only of taking the horse or other animal cart and goods into a yard but such goods shall not be unloaded until the next day.J * Full reasons should be given in support of the application for these permits, as they are granted very sparingly. They are net granted for carting in the ordinary course of business, but only in exceptional cases of great urgency, such as considerations of public safety, the late arrival of steamers, and so on. Care should always be taken to supply the full name of the driver, as the permit is granted to him. The carter should have the permit in his possession, as its pro- duction may be demanded by an inspector of factories or a constable of police. t Compare section 132 post as to employment beyond the hours allowed by regulations. Such regulations will be found at p. 154. % " If the carting has commenced outside a city town . . ., that is, roughly speaking, if it has commenced frcm a place where the limitation of hours is not as a rule in force, the carting may be continued so far as to reach the shelter of a yard in a city town , but no unloading must take place till the next day. The provision is apparently primarily intended foi country districts and not'for two adjacent cities in the metropolitan area." Mr. Justice Isaacs in Pemberlon v. Banfield, 18 A.L.R. 489. 14850, 3 66 Limitation of Weekly half-holiday for carters. Time-book for carters or stablemen. S. 2 No. 3048. 129. The Governor in Council may make regulations'* to have effect within the Metropolitan District and all cities and towns (a) limiting the total number of hours in the week during which any person may be employed for wages as a carrier or carter in carrying or delivering any goods wares merchandise or materials whatsoever or in assisting any such carrier or carter; and (b) providing that every person (with such excep- tions as may be stated in any such regula- tion) so employed shall during such hours as may be specified in the regulation have a half-holidayf on Saturday in each week in the Metropolitan District or on the day on which the usual half-holiday is observed in any city or town outside the Metropolitan District. Any such regulations may also specify the hours during which any person so employed who is so excepted shall have a half-holiday on some day in each week other than a Sunday. This paragraph shall not apply to any person employed in delivering 'bread. Where any person is employed as a carrier or carter or in assisting a carrier or carter during any day or week then all the time such person is employed at any work whatsoever by his employer shall be deemed for the purposes of this section to be time worked as a carrier or carter or in assisting such carrier or carter (as the case may be). 130. Any person employing a carter or stableman for the purposes of any trade or business subject to a De- termination of a Wages Board shall keep or cause to be kept a time-book in which such carter's or stable- man's hours of commencing and ending work shall be entered from day to day by every person so employed ; and such time-book shall be produced for inspection whenever demanded by an inspector. Where the number of carters or stablemen so em- ployed exceeds six, cards containing the same par- ticulars as the time-book may be kept. It shall be the * The regulations will be found at p. 154. t The employer under a regulation following the words of this section is bound to see that the carter has a half-holiday. Dangerfield v. McDonald and Co., 1914 V.L.R. 357. 67 duty of the employer to cause the particulars on the cards to be transcribed into a time-book and to preserve the cards for the purposes of verification. Every such book or card shall be in the form pre- scribed. 131. No shopkeeper shall require or permit any im- Hours during prover employed in the business carried on by such ^p^^ in shopkeeper to cart or deliver goods for a longer time shops may be than twenty-six hours out of the total number of working hours in any week. 132. Where in pursuance of regulations any carter Payment f0t . is with the written permission of the chief inspector overtime to i it- j i .LI i i ' i carters, employed for any time beyond the hours named in such regulations,* each carter who works such overtime shall be paid not less than sixpence for tea money on each day overtime is worked and shall be paid for such overtime at the rate of time and a half for every hour or fraction of an hour so worked, provided that no such payment for overtime shall be less than sixpence per hour or fraction of an hour. The onus of proof that the conditions of this section have been complied with shall in all cases be on the defendant. PAKT VII. WAGES BOARDS. DIVISION 1. APPOINTMENT OF BOARDS. 133. (1) Every Wages Board purporting to have Existing Board been appointed prior to the commencement of this Act cc shall be deemed to have been validly appointed. (2) Where a resolution is or has been passed by both Power to Houses of Parliament declaring that it is expedient to appoint any Wages Board to determine the lowest prices or rates which may be paid to any person or per- occupation, .sons or classes of persons employed in any trade or ibid, any group of trades specified in the resolution or where any Wages Board has prior to the commencement of lbld - this Act been appointed for any process trade business * Such regulations have been made under the powers conferred by section 129. This permission is entirely distinct from the permit to work otitside the daily statutory hours referred to in section 127 ante, and in some cases it would be necessary to obtain a "permit" under the latter section and "permission" under section 132. But in any case the employe must receive a half-holiday in every week, as no authority exists for granting a permit to deprive him of that privilege. The permission granted under section 132, unlike that under section 127, is granted to the em- ployer, and no particular employe is named in it. Provision has also been made as to payment of overtime and tea money in other cases, e.g., males under sixteen years of ago and females in factories (section 37), shops generally (section 114), Fourth Schedule shop employes and others (section 119). 68 or occupation or any group thereof the Governor in Council may if he thinks fit from time to time s. 2 NO. 3048. ( a ) appoint one or more Wages Boards for any one of such trades or for any branch or branches thereof or for any group or groups of trades; and ibid. (b) direct that any Wages Board may in any re- gulation determination order instrument or legal proceeding be described for all pur- poses by some short title. (c) define the area or locality (including the whole or any part or parts of Victoria)* within which the Determination of each of such |J id. Wages Boards shall be operative; and ex- tend or re-define any such area or locality ; and ind. (d) as between any two or more Wages Boards, adjust the powers which such Boards or any of them may lawfully exercise, and for that iii Boards in any trade all employers shall send to the chief inspector their names and addresses and also the names and addresses of all 'employes not under eighteen years of age, in the form or to the effect of the Fifth Fifth Schedule. Schedule, and the chief inspector shall compile voters' rolls therefrom and each employer and each employe shall have one vote. Any employer failing so to forward his name and address shall not be entitled to vote for representatives of employers on the Wages Board to be elected. ibid. Every employe not under eighteen years of age who produces evidence to the satisfaction of the chief in- spector that his ordinary occupation when at Work is employment in any trade in regard to which the lowest prices or rates of payment are to be determined by any Wages Board shall notwithstanding that his name and ibid, address have not been forwarded by his employer be enrolled as an elector of representatives of employes on such Wages Board. (4) The Minister shall decide whether persons nomi- Decision as to nated as representatives have been objected to by at ob i ectors - least one-fifth of employers or adult employes (as the case may be) and for that purpose he shall accept the records given by the chief inspector in his latest annual report. Provided that in any case where no records are given in the latest annual report of the chief inspector of factories with respect to any persons likely to be affected by the Determination of any such Wages Board the ibid. Minister if he is satisfied that there is substantial ob- jection to the persons nominated by him as represen- tatives of employers or employes on such Wages Board ibid. and notwithstanding that an objection signed by one- fifth of the employers or adult employes respectively engaged in the trade subject to such Wages Board has ibid. not been lodged may decide that an election shall be held. Provision for election if nominees objected to by one-fifth. Appointment nominations. S. 2 NO. 3048. Governor in Conncil may appoint in certain cases. Ibid. 72 (5) If the Minister is satisfied that at least one-fifth of the employers or of the adult employes object within the time aforesaid to the persons nominated as their representatives or that otherwise there is substantial objection then such representatives of employers or such representatives of employes shall subject to the pro- visions of this Act be elected* in the manner prescribed by regulations made by the Governor in Council, f 138. If the number of persons nominated as repre- sentatives of employers or employes (as the case may be) does not exceed the number of persons to be elected the persons nominated shall be deemed and taken to have been elected and shall be appointed by the Go- vernor in Council accordingly to be members of the Wages Board. 139. In the event of any vacancy occurring from any cause whatsoever in any Wages Board the Governor in Council may without previous nomination or election appoint a person as representative of employers or em- ployes as the case may require and the person so ap- pointed shall be deemed and taken to have been elected by such employers or employes (as the case may be) ; and such person shall be so appointed for the unexpired portion of the term of office of the member who dies or resigns or is removed. J Nominations and DIVISION 2. APPOINTMENT OF CHAIRMAN. 140. (1) The members of a Wages Board shall within appointment of fourteen days after their appointment nominate in Chairman or ... / . -, . , ,. wages Board, writing some person (not being one of such members) iMd. to be Chairman of such Wages Board, and such person shall be appointed by the Governor in Council to such office. (2) In the event of the Minister not receiving such nomination within fourteen days after the appointment of the said members then the Governor in Council may appoint the Chairman on the recommendation of the Minister. * But the members of any Wages Board for the furniture trade shall not be elected. Section 161. t The regulations will be found on page 142. I It is the practice of the Minister to consult the interests of the persons concerned. It is well for parties interested to be ready with nominations as soon as a seat on the Board hecomes vacant. 73 DIVISION 3. POWERS AND FUNCTIONS OF BOARDS. 141. (1) Every Wages Board in accordance with, the Board to j r A ' j. determine terms of its appointment lowest rates of pay. (a) shall determine the lowest prices or rates of s. 2 NO. 3048. payment payable to any person or persons or classes of persons employed in the trade specified in such appointment.* Such prices or rates of payment may be fixed at piece- work prices or at wages rates or both as the Wages Board thinks fit ; f lbid - (6) shall determine the maximum number of hours Board to fix per week for which such lowest wages rates number of i n -L T-i T j. j_i hours in week's snail be payable according to the nature or work, conditions of the work; and the wages rates payable for any shorter time worked shalJ not be less than a pro ratd amount of such wages rates and in the case of casual labour not less than such a rate as may be fixed for casual labour. * A Board may fix rates for repairing articles. Section 152 post. For additional powers as to apprentices and improvers, see section 182 post. t As to persons under 21 years of age, other than apprentices or improvers, see section 154 post. It is the duty of Wages Boards, in fixing a minimum wage, and of the Court of Industrial Appeals in reviewing their decisions, not to fix the very lowest amount reasonably consistent with existence, but to take the current wage and ascertain what evil exists under that wage, considering the various surrounding circumstances and then to fix a fair amount. The circumstances to be taken into consideration in fixing a minirmim wage must be of a permanent character. The current wage will not be altered for some mere passing temporary or fluctuating cause, such as the operation on the cost of living of a proposed tariff which is being considered by the Legislature at the time. No change should be made in the determination of a Board or of the court unless on some ground which may reasonably be considered as permanent, or at least likely to last for some considerable time. Wages should not be increased in a particular trade where they compare favorably with the wages paid in all the other trades in the State, and with those paid in the same trade in other States. The court will not make alterations of any sort in industrial conditions without substantial proof of the existence of some evil, and changes will not be made out of mere benevolence or upon conjecture founded mainly on hearsay and rumour. Observations as to raising wages on account of a general increased cost of living. Observations as to the evidence to be given on the hearing of industrial appeals. In re The Bread Board, 13 A.L.R., 589. Observations as to the fixing of a minimum wage having regard to the skill or want of skill required in the work performed, to whether the work is heavy or light, healthy or unhealthy, regular or intermittent, the necessity for special clothing while the workmen are engaged in it, and the wages payable in other trades.-- -In re The Ice Board, 16 A.L.U., 46. Difference of the sex of employes is generally to be considered in fixing their wages under the Factories and Shops Act. Under existing legislation and in existing circumstances the court declined to flx equal rates of pay disregarding sex. It is the duty of Wages Boards and of the court to inquire into the existing state of things in relation to the wages paid in any given trade, and to correct anything wrong or anomalous, on practical grounds, and not with a view to any theoretical or benevolent allotment of remuneration. In re The -Commercial Clerks Board, 19 A.L.R., 142. 74 Matters to be i n fixing such lowest prices or rates tlie Wages ^1^3048. Board shall take into consideration the fol- lowing matters and may (if it thinks fit) fix different prices or rates accordingly (i) the nature kind and class of the work; (ii) the mode and manner in which the work is to be done; (iii) the age and the sex of the workers; (iv) the place or locality where the work is to be done; (v) the hour of the day or night when the work is to be done; (vi) whether more than six consecutive days' work is to be done; (vii) whether the work is casual as defined by the Board; (viii) any recognised usage or custom in the manner of carrying out the work ; and (ix) any matter whatsoever which may from time to time be prescribed ; Apprenticeship ( c ) ma y prescribe the form of apprenticeship in- indenture. v ' % * -, , - denture to be used;* Board may (d) when in this Act or any regulations thereunder orKrs^xed ^ ne number of the hours of work per week by the Act or or the overtime rates of pay are fixed for regulations. .. r / _ TT ibid. any class or classes of workers, a Wages Board when exercising in respect of such class or classes of workers any of the powers conferred by this section instead of fixing the said number of working hours per week or the said overtime rate may fix a different number of working hours or overtime rate (as the case may be). W flxoSJtime ( 2 ) Every Wages Board shall fix higher wages rates rate?. to be paid for overtime; and for that purpose it shall ibid. exercise the powers set out in any one but not more than one of the paragraphs (a) (b) (c) or (d) of this sub- section : Weekly (a) It may fix an overtime rate for any hour or fraction of an hour worked in any week in excess of the number of hours determined for a week's work; or * An example of a simple form of indenture, which is applicable to all trades, and has been found to work advantageously to both employer and employ*! will be found at p. 125. ( b) It may fix the hour of beginning and the Overtime rates ^ ' -i J <> i- i 11 i where daily hour or ending work on each day ; and in hours of that case shall- Fix higher wages rates to be paid for any fixed. hour or fraction of an hour worked in any week (i) outside the hours so fixed; (ii) 'within the hours so fixed m excess of the number of hours determined for a week's work; or (c) It may fix the hour of beginning and the hour Overtime rates. of ending each shift; and in that case shall x h e e d re sl Fix the rate to be paid for work done on each shift; and Fix a higher rate to be paid for each hour or fraction of an hour worked by any employe before or after his shift; or (d) It may fix a higher rate to be paid for any overtime rates hour or fraction of an hour worked on any day in a factory before or after the ordinary working hours of the factory. 12 (Act No. 3048). It is hereby declared that any Pow crof wages Wages Board heretofore or hereafter appointed with regard to the making of bread may (without limiting the generality of its powers under the Factories and employ's Shops Acts) fix the lowest prices or rates to be paid to employes in the trade varying according to whether J r Jj l g J* n 'J hen the work performed is done during or before or after w any specified hours of the day or night. (3) In addition to the powers conferred by this sec- special rates tion every W a es Board may exercise either or both {SfiJjJ^ 8 and of the following powers namely : s. 2 NO. 3048. (a) It may fix special rates for work to be done on a Sunday or public holiday;* or (b) It may fix special rates to be paid to any For time employe who works away from his em- travdHnVto plover's place of business for time occupied and from work. in travelling between the employer's place of business and work or between the em- ploye's residence and work. * The only days which a Wages Board has power to name as public holidays are : 1st January (New Year's Day), 26th January (Foundation Day), Good Friday, Easter Saturday, Monday, and Tuesday, 21st April (Eight Hours Day), 3rd June (King's Birthday), first Thursday in September (Royal Agricultural Show Day), in localities named in the Royal Agricultural Show Act, 25th December' (Christmas Day), and 26th December (Boxing Day). 76 (4)* " Casual work " or " casual labour " shall mean work or labour during any week for not more than one- s. 2 NO. 3048. half the maximum number of hours fixed by the Wages Board in respect of any particular trade and the De- termination of any Wages Board with respect to casual work shall always be subject to this provision. piece-work 142. Where pursuant to this Act by any Deter- by i( wage e s n fixed niination of a Wages Board both a piece-work price Board to be and a wages rate are fixed for any work, the piece-work r? d0nwages price shall be based on the wages rate; but no Deter- ibid, mination shall be liable to be questioned or challenged on the ground that any piece-work price is a greater or less amount than such price would be if based upon the wages rate. Outside work to 143. For wholly or partly preparing or manufactur- priSTSii* * 15 ing outside a factory articles of clothing or wearing apparel or boots or shoes a piece-work price only shall be fixed, and the Board shall on request of any occu- pier of a factory or shop or place fix a wages rate for any work done by persons operating at a machine used in such factory or shop or place. piece-work 144. (1) Any Wages Board instead of specifying the 8"edby* yb< lowest piece-work prices which may be paid for wholly manufacturer or partly preparing or manufacturing any articles may in certain cases. 1w ,- J1 ,i- i j . J i bid determine that piece-work prices based on wages rates fixed by such Wages Board may be fixed and paid therefor subject to and as provided in the next suc- ceeding sub-section. P ric?s~to r be (2) Any employer f who pursuant to such Determina- based on & tion fixes and pays piece-work prices shall base such Iv3aT worker pi ece - wor k prices on the earnings of an average worker . working under like conditions to those for which the lbw * piece-work prices are fixed and who is paid by time at the wages rates fixed by such Wages Board. Every such employer shall if required by the chief inspector so to do forward a statement of such prices to the chief inspector. * A permanent employe who works continuously for one-half or less than one-half week's work te a casual within the meaning of this section. Hall r. The Centreway Cafe. 22 A.L.R. 323. " t Employer " means a person who, in regard to any person for whom piece- work prices are fixed, stands in the relation of employer to an operative, and the- sub-section does not apply to the case of a contract between two independent persons not standing in that relation to each other. Held, therefore, that a merchant who contracted with the registered occupier of a factory for the manufacture by the latter of articles of clothing out of material supplied by the merchant, at a certain price per dozen, could not be convicted of an offence under this or the next sub section. Beath, Schiess and Co. v. Martin, 2 C.L.R., 716. 77 (3) Any person who having fixed a piece-work price ken piece- * "ii 1 1 i j i i * J_T wont price as in this section provided either directly or indirectly fixed, offering or by any pretence or device pays or offers or permits J^ncJ 06 ** any person to offer or attempts to pay any person a piece-work price lower than the price so fixed by such first-mentioned person or who refuses or neglects to forward a statement of such prices when required to do so by the chief inspector shall be deemed to be guilty of a contravention of the provisions of this Part.* (4) In proceedings against any person for a contra- Proof that ^ vention of the provisions of the two last preceding sub- corresponds to sections of this section the onus of proof that any piece- wa g s rate - work price fixed or paid by such person is in accordance with the provisions of such sub-sections shall in all cases He on the defendant. 145. When in any Determination a Wages Board ^f f dden has fixed a wages rate only for wholly or partly pre- wn ere Board paring or manufacturing either inside or outside a fac- ^ ^ e flxed tory any articles or for doing any work then it shall s 2 No 3 ' 048 - not be lawful for any person to pay or authorize or permit to be paid therefor any piece-work prices, and the receipt or acceptance of any piece-work prices shall not be deemed to be payment or part payment of any such wages. 146. When in any Determination a Wages Board Effect on piece , r> -, i ^ ,, in j i work price of lias fixed piece-work prices tor wholly or partly pre- vary ing paring or manufacturing any articles and in the descrip- course, tion of the work in respect of which such piece-work lbid - price is to be paid such Board enumerates several opera- tions, and when any one or more of such operations is by the direction or with the expressed or implied con- sent of the occupier of the factory or his manager or foreman or agent omitted, such omission shall not affect the price to be paid in connexion with the particular work, but such price shall, unless otherwise provide^ in such Determination, be that fixed as the price for the whole work described. 147. Notwithstanding anything contained in this Act the price or rate of payment to be fixed by any Wages _ Board for wholly or partly preparing or manufacturing work pnoTanJ any article of furniture f shall wherever practicable be JiJ^ both a piece-work price and a wages rate. The piece- ibNL work price shall be based on the wages rate fixed by such Board. * Penalty, section 226. t For additional powers of Furniture Board, see sections 152 and 150 post. 78 Special rates for iged infirm or low workers. ?.2 No. 3048. Exercise of powers. Ibid. Effect of vacancy. Ibid. Power of chairman of Wages Board to Administer oaths. Ibid. Power of Wages Boards as to repairing. Ibid. 148. Where it appears to be just and expedient special wages rates may be fixed for aged infirm or slow workers by any Wages Board.* 149. All powers of any Wages Board may be exer- cised by a majority of the members thereof. 150. During any vacancy in a Wages Board (other than in the office of chairman) the continuing mem- bers may act as if no vacancy existed, provided no member of the Board objects, f 151. The chairman of any Wages Board may require any person (including a member of a Wages Board) giving evidence before a Board to give his evidence on oath and for such purpose shall be entitled to ad- minister an oath accordingly to such person. 152. A Wages Board shall have power to deter- mine the lowest prices or rates to be paid to any person or persons or classes of persons employed in repairing any articles with respect to which such Board may make a Determination. Experience of 153. Where by the Determination of a Wages Board how'wSated. tne wages of an apprentice or of an improver are to ibid. vary in accordance with his experience or length of employment in his trade, then for the purpose of deter- mining the wages he is entitled to receive, any time during which such apprentice or improver has worked at his trade shall be reckoned in his length of employ- ment in such trade. consideration of 154. When fixing the wages rate to be paid to per- experienceof sons (other than apprentices or improvers) under voung workers. r . ,. , r / jd twenty-one years of age for any particular class of work any Wages Board may fix different rates having regard to the length of experience of sucli persons in such par- ticular class. 155. ]STo Wages Board shall sit during ordinary wor ki u g hours in any trade except by mutual agree- ment of the representatives of the employers and em- ployes on the Board, or by the direction of the Minister. * Very few Boards have exercised their powers under this section. Under section 202 the Chief Inspector can grant a licence to an old, slow, or infirm worker to work for less than the minimum wage, but it is questionable whether in case a Board had fixed rates, the Chief Inspector could legally grant a licence to work for anything less than the rate fixed by the Board. t In practice the Boards do not usually decide important points during a vacancy. Wages Board exceptby 79 DIVISION 4. MISCELLANEOUS PROVISIONS AS TO Wages BOARDS. s. 2 NO. 3048. The *Special Board heretofore appointed with re- Additional gard to articles of furniture may also determine the JJ!^ 1 ^* lowest prices or rates which may be paid to female Board, workers employed as upholstresses whether as carpet hands table hands or drapery hands, also to male per- sons employed in planning and laying carpets or lino- leums or floor cloths or fixing draperies or making and fixing window Venetian and wire blinds if a resolution has been passed by both Houses of Parliament declar- ing it is expedient for the *Special Board so to do. 157. (1) The *Special Board heretofore appointed ^f^'f and called the Coal Miners Board may if it thinks fit as places in coal part of its Determination make rules regulating the mines - cavilling for places which are worked at piece-work prices on any coal mine. (2) Such cavilling shall be carried out by the em- ployes affected. (3) Any person guilty of any contravention of any such rules or of any failure to carry out the decision or requirements of any such cavil shall on information laid by any person aggrieved be liable on conviction .by any Court of Petty Sessions consisting of a Police Magistrate with or without Justices to a penalty not more than Fifty pounds. 158. (1) *Special Boards may be appointed in order Rates fixed by to determine the lowest prices or rates which may be SSne^dSvers paid to any person or persons or classes of persons &c engineering J T T . r ..M ,, . blacksmithing wheresoever employed in either the whole or any part and general of the iron- working trade (for which a * Special Board ^eTsede^ates has not been constituted) including fixed by other , x . ' Boards lor same (a) engineering, classes of (b) boilermaking, employes. (c) blacksmithing, _ (d) general iron work. (2) The lowest prices or rates which may be deter- mined under and pursuant to this Act by any *Special Board appointed in the occupation of a fireman boiler attendant or engine-driver in connexion witli the use of Hteam-engines or boilers other than steam- engines or boilers connected with mines; or under the provisions of paragraphs (a), (6), (c), (d) of sub-section (1) * These may now be referred to r.s Wapes "Board?* 'Section 2 Act 3048. 80 for any person or persons or classes of persons shall be the lowest prices or rates to be paid to such person or persons or classes of persons wheresoever employed, notwithstanding that any other rates are determined with respect to such person or persons or classes of 3.2 NO. 3048. persons by any other Wages Board. Extension of 159. (1) Any *Special Board appointed J5J.* 81 (a) in the occupation of a fireman boiler attendant engine-drivers. or engine-driver in connexion with the use of steam-engines or boilers other than steam-engines or boilers connected with mines; or (b) in the occupation of a fireman boiler attendant or engine-driver in connexion with a steam- engine or boiler in or about mines of every kind, is hereby given power to determine the lowest prices or rates which may be paid to any person or persons or classes of persons employed in the occupation of assistant engine-driver .greaser or trimmer in connexion with the use of steam-engines or boilers. (2) Such * Special Board may exercise all the powers conferred on * Special Boards under this Act so far as any person or persons or classes of persons mentioned in this section are concerned. Extension of 160. (1) The *Carters Board appointed on the first Carters f Board. ^ a 7 ^ December One thousand nine hundred and nine is hereby given power to determine the lowest prices or rates which may be paid to any person or persons or classes of persons employed in or in connexion with any stable (other than a livery stable) in which are stabled the horses used in his business trade or occupa- tion by any person subject to the Determination of the said *Special Board. (2) Such * Special Board may exercise all the powers conferred on *Special Boards under this Act so far as any such person or persons or classes of persons men- tioned in this section are concerned. SrfSnfatte *^' Notwithstanding anything contained in this- Act trade to be the members of any *Special Board to determine or fix SSthout ed kh e lowest price or rate which may be paid to any person election. for wholly or partly preparing or manufacturing any particular articles of furniture shall not be elected, and the' Governor in Council may from time to time appoint such *Special Board. "These may now be referred to as Wages Boards Section 2 Act 3048, 81 162. In the caso of the *Special Board for Men's and Boys' Clothing, the representatives of the employers shall consist of three representatives of makers of ready- made clothing and two of makers of order clothing, and the rolls for any election of such respective representa- tives shall be prepared and votes given in such manner -as may be prescribed. 163. The *Special Board called the Irpnmoulders efthe Board appointed on the seventeenth day of December ironmouideni One thousand nine hundred and one is hereby given power to determine the lowest prices or rates which may be paid to any person or persons or classes of persons employed in the trade of a steelmoulder and to exercise all the powers conferred on * Special Boards under this Act so far as the trade of a steelmoulder is concerned. 164. (1) The *Special Board heretofore appointed and called the Hotel Employes Board is hereby given Employ* ,1 Board. power to either (a) fix prices and rates to be paid to employes without taking into consideration either board or lodging; or (&)' fix prices and rates to be paid to employes varying according to whether full or partial board or lodging is received by the employe. (2) When the Board makes a Determination having exercised either of these powers it shall be an offence for any employer to accept any payment from any employe under the jurisdiction of the said Board for either board or lodging. . . ' DIVISION 5. DURATION PUBLICATION AND APPLICATION OF DETERMINATIONS OF Wages BOARDS AND COURT s. 2 NO. 3048. OF APPEALS. 165. (1) Any price or ratef determined by any price or rate as Wages Board shall from a date (not being within thirty ^ma^fnlorce days of such Determination) fixed by such Board be and until altered by remain in force until amended by a Determination O f aBoard< Ibid. * These may now be referred to as Wages Boards Section 2 Act 3048. t Although this section prevents a price or rate coming into force until after the lapse of thirty days, nothing in the Factories and Shops Acts requires preliminary notice. In practice, the Department endeavours to give reasonable notice in the Government Gazette, but there have been instances when circumstances . have rendered that impossible, and the Determination has come'into force immediately on being published. 82 S. 2 No. 3048. Application of determination. Ibid. Ibid. Application of amendment of determination. Ibid. Children of employer not affected. Ibid. such Wages Board; but such Determination may at any time be amended or revoked by the Court of In- dustrial appeals. (2) The Determination of any Wages Board shall be signed by the chairman .thereof and published in the Government Gazette* and shall apply to the area or locality (including the whole or any part or parts of Victoria) denned by the Governor in Council as the area or locality within which the Determination of such Wages Board shall be operative. (3) Every amendment of any Determination of any Wages Board at any time made shall apply to the same part or parts of Victoria as the Determination amended. 166. ]STo Determination of a Wages^ Board shall pre- vent the sons or daughters of any employer being em- ployed by him in any capacity whether he has or has not the full number of apprentices and improvers and he shall not be bound to pay his sons and daughters the rates fixed by any Determination. Payment of 167. Where any person is employed to perform two or engaged in two more classes of work to which a rate fixed by a Wages of work. classes Board is applicable then such person shall be paid in ibid. respect of the time occupied in each class of work at the rate fixed by the Board for such work.f Rate of wages 168. When any person is employed during anv part throughout day. of ft dfty for an emp i oyer at wor k f O r which a Wages Board has fixed a wages rate then all work whatever done by such person during such day for such employer whether inside or outside a factory or shop or place * There is nothing in this section to indicate upon whom the duty lies of publishing a Determination in the Government Gazette. Thp amended Determination of the Hairdressers Board was sent to the Minister of Labour in December, 1911. The Minister refused to gazette it. Applica- tion was made to Mr. Justice Cussen for a mandamus. The Judge refused the application. t This section imposes the duty upon the employer of paying an employe" in accordance with the period of time occupied under each Determination, or under different parts of the same Determination. In cases where several Deter- minations are operative this may become a difficult matter, and necessitates the times being carefully kept and properly booked. It was the difficulty of carrying out the provisions of this section that induced the appointment of the Country Shop Assistants Board, which fixes a flat rate for all shop assistants in the districts to which the Determination extends, whether they be drapers, grocers, or fancy goods sellers, &c., as it was considered impossible to allocate the time in a country store to each of the many classes of employ- ment. Compare section 141 (6) as to payment of a pro ratd amount for less hoar* worked than those fixed by the Board and section 168. 8(5 whatsoever or wheresoever shall be paid for at the same wages rate.* 169. There shall be kept printed painted or affixed in Notification of 'legible Roman characters in some conspicuous place at S r l! matl011 or near the entrance of each and every factory or shop applicable. or place to which the Determination of a Wages Board s - 2 No - 3048 - applies, in such a position as to be easily read by the persons employed therein, a true copy of the Determina- tion of the Wages Board as to the lowest prices or rates ibid. of payment determined by such Board, f 170. Where a piece-work price or a wages rate has Employes not niii-rC - - TTT ' T-> f to be paid in been fixed by the Determination of any Wages Board lor goods or board wholly or partly preparing or manufacturing either in- and Iod 8 in 8- side 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 to accept goods of any kind or board and lodging 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 or board and lodging shall not be deemed to be payment or part payment for any such work or of any such wages. DIVISION 6. VALIDITY OF DETERMINATION. 171. (1) If any person desires to dispute the validity Determination of any Determination of any Wages Board made or Board purporting to have been made or continued under D eforTth* ble any of the provisions of this Act it shall be lawful J[f reme Court for such person to apply to the Supreme Court upon , b j d ' affidavit for a rule calling upon the chief inspector to show cause why such -Determination should not be quashed either wholly or in part for the illegality thereof; and the said Court may make the said rule absolute or discharge it with or without costs as to the Court seems meet. * A person who performs voluntary service is not employed within the meaning of section 168 of the Factories and Shops Act 1912. A girl, who was engaged as a domestic servant, occasionally assisted in serving customers in her employer's grocery shop, which was under the same roof as his private residence. Her assistance was quite voluntary, being given as an act of courtesy to her employer. Held, that the girl was not ? ' employed " in the shop within the meaning of section 168 of the Factories and Shops Act 1912, and was therefore not entitled to be paid the wages fixed by the Grocers Wages Board. Per Hodges, J. To constitute employment within the section, an agreement for payment for services is not necessary, but there must be something done for the employer with his knowledge. Per Cussen, J. A person may be employed within the meaning of the section, although there is no contract of service, but there must be something in the nature of a recognition of the acts done, and possibly of an expectation that they would be done. BaUantyne v. riincMiffe, 21 A.L.R., 34. t For particulars of other information to be posted up in factories, sea section 22 ; as to shops, sec section 126. 84 s. 2 NO. 3048. Power to suspend determination of any Wages Board. Ibid. Ibid. Publication of amended determination. Ibid. Ibid. Removal of suspension. Ibid. Power to suspend a determination in case of a strike. (2) Every Determination of any Wages Board shall unless and until so quashed have" and be deemed and taken to have the like force validity and effect as if such Determination had been enacted in this Act, and, shall not be in any manner liable to be challenged ov disputed ; but any such Determination may be altered or revoked by any subsequent Determination under this Act. DIVISION 7. SUSPENSION OF DETERMINATION. 172. (1) Notwithstanding anything contained in this Act the Governor in Council may at any time for such period or periods as he thinks fit not exceeding six months in the whole by order published in the Govern- ment Gazette suspend the operation of the Determina- tion of any Wages Board.* When the operation of any Determination (whether published in the G over nrnr. tit Gazette or not) is 'so suspended it shall be the duty of such Wages Board to forthwith hear receive and examine evidence as to such Determination, and thereupon such Wages Board may either adhere to the said Determina : tion or may make such amendments therein as to such Board seems proper. (2) In the event of such Wages Board making any such amendments such Determination as so amended shall forthwith be published in the Gorcrnnte.nt Gazette and shall for all purposes be deemed and taken to be the Determination of such Wages Board from such date as may be fixed in such amended Determination, and the suspended Determination shall thereupon have no further force or effect. (3) In the event of such Wages Board notifying the Minister that such Board adheres to its Determination without amendment such suspension of the operation of such Determination shall by an Order in Council pub- lished in the Government Gazette be revoked from such date not later than fourteen days as may be fixed in such order. 173. Where the Minister is satisfied that an organized strike or industrial dispute is about to take place or has actually taken place in connexion with any trade as to anv matter which is the subiect of a Determination of a * This provision became law on 27th September, 1897, by virtue of section 6 of the Factories and. Shops Act 1897 (No. 1518), and the power of suspension was exercised on only two occasions. On 25th November, 1897, the Governor in Council suspended the first Determination of the Boot Board, and on 20tb July, 1914, suspended the Determination of the Bread Board. 85 Wages Board or of the Court of Industrial Appeals the $ 2 NO. 3o. Governor in Council may by order published in the Government Gazette suspendf for any period not exceed- ing twelve months the whole or any part or parts of such Determination so far as it relates to the matter in reference to which such organized strike or industrial dispute is about to take place or has taken place, and such suspension may at any time by an order published ID the Government Gazette be removed by the Governor in Council or altered or amended in such manner as he thinks fit. PART VIII. COURT OF INDUSTRIAL APPEALS. 174. (1) There shall be a Court of Industrial Appeals court of for deciding all appeals against a Determination of a Wages Board and for dealing with any Determination ibid. of a Wages Board referred to the Court by the Minister. (2) Such Court shall consist of a President and two Members of the 1-1 Court. other persons. (3) A Court of Industrial Appeals consisting of the court President and of two other persons as aforesaid shall be constituted from time to time as occasion requires Council. by Order in Council published in the Government Gazette. >:,v (4) (a) The President President to (i) shall be such one of the Judges of the Su- o? industrial preme Court as the Governor in Council Appeals. appoints ; (ii) shall be entitled to> hold office as President for such period as the Governor in Council thinks fit; and (iii) shall sit in every Court of Industrial Ap- peals constituted from time to time. (b) The two other persons constituting a Court of TWO other Industrial Appeals shall be such persons as appointed as are appointed by the Governor in Council upon nomination as hereinafter provided ; but they shall act only in the Court of In- dustrial Appeals for which they are ap- pointed. t The power of suspension under section 173 has been exercised on three occasions. On 13th October, 1913, the Determination of the Builders' Labourers Board was suspended for six months. The Stovemen Packers and Sorters' Determination was suspended for six months on 17th February, 1916. out the suspension was removed on July 24th, 1916. On 16th May, 1916, the Determination of the Bread Board was suspended for twelve months, but subsequently an Order was passed removing the suspension from August 8th, 191C. 86 Nomination of persons to represent employers and employes on court. S. 2 No. 3048. Ibid. Default of nomination. Vacancies. President and two other persons to hear appeals and references. Remuneration of persons representing employers and employes on court. 8. 19 (1) No. 3048. Registrar. Rules of practice. (5) (a) When a Determination of a Wages Board is appealed against in accordance with the pro- visions of this Act or is referred by the Min- ister for the consideration of the Court of Industrial Appeals then within twenty-one days from the date of the appeal or the re- ference (as the case may be) the representatives of the employers on such Wages Board shall nominate one person to represent the employers, and the representatives of the employes shall nominate one person to represent the employes. (b) Nominations shall be made in writing and shall be forwarded to the Minister - (c) only persons who are bond fide and actually en- gaged in the trade concerned or who have been so engaged for at least six months dur- ing the three years immediately preceding such nomination shall be eligible for nomi- nation. (6) If default is made in nominating an eligible per- son to represent the employers or the employes (as the case may be), or if any vacancy in a Court occurs by reason of death, resignation, incapacity, refusal to act. or otherwise, the Minister may nominate some similarly qualified person to represent the employers or the em- pioyes (as the case may require) on such Court. (7) The President and the two other persons consti- tuting a Court of Industrial Appeals shall hear and de- termine every appeal and reference to such Court ; and subject to this Act a majority shall decide. (8) Every person appointed to represent the employers or the employes on a Court of Industrial Appeals shall be paid a fee of Two pounds for every full day of attend- ance at such Court. (9) (a) Subject to the Public Service Act 1915 the Governor in Council may appoint a Registrar of the Court of Industrial Appeals who shall be an officer of the Department of Labour. (b) The Registrar shall attend the sittings of the Court of Industrial Appeals. (10) The Governor in Council may make general rules to carry into effect the provisions of this Act with respect to the Court of Industrial Appeals and in particular with respect to the summoning of and procedure before any such Court and the publication of such rules. Sub- ject to such rules (if any) the Court may regulate its own procedure. 175. Where any Determination made by a Wages Board either before or after the commencement of this determnation*. Act is being dealt with by the Court, such Court shall s. 2 NO. 3048. consider whether the Determination appealed against has had or may have the effect of prejudicing the pro- gress maintenance of or scope of employment in the trade or industry affected by any such price or rate; and if of opinion that it has had or may have such effect the Court shall make such alterations as in its opinion may be necessary to remove or prevent such effect and at the same -time to secure a living wage to Living wage, the employes in such trade or industry who are affected by such determination. 176. (1) Notwithstanding anything contained in this Appeal to court. Act a majority of the representatives of employers or a majority of the representatives of employes on any Wages Board or any employer or group of employers IWd - who employ not less than twenty-five per centum of the total number of the workers in any trade or twenty- five per centum or more of the workers in any trade, may at any time in the prescribed* manner appeal against such determination to the Courtf. For the purposes of this sub-section the Court shall accept the records given by the chief inspector in his latest annual report. (2) The Minister may without appeal at any time after the making of a Determination by a Wages Board, IWd - refer such Determination for the consideration of the Court, and may also refer any appeal made as herein- before provided for the consideration of the Court. (3) No appeal against or reference to the Court of a Determination which has been published in the Govern- ment Gazette shall have the effect of suspending or delaying the operation of such determination. The regulations at p. 160 pott. t The power given by this section is to be distinguished from the power to r.hallenire a Determination before the Supreme Court under section 171 antt, !u which latter case it is only challengeable for illegality. While the Court is considering the Determination the Board has no powers whatever, nor has it tiny powrr to alter or amend the Determination afterwards until such time as it obtains leave to do so from the Oonrt under sub-section (0) of this section or until the expiration of twelve months from the date of the Determination br the Court (Section 13 No. 3048). 88 a. 2 NO. 3048. (4) Every Determination of a Wages Board referred to the Court by the Minister and such documents re- lating thereto as may be deemed necessary shall be forwarded by the chief inspector to the Registrar of the Court. (5) Except as hereinafter provided no barrister and solicitor or agent shall be allowed to appear before or be heard by the Court. By the direction of the Court or with the consent of both parties to the appeal or reference either party may at its own cost be repre- sented by a barrister and solicitor or agent. In appeals by a minority of employers or employes as provided under sub-section (]) of this section the Court may give such directions for the representation of parties as may in the circumstances appear to be proper. (6) The Court shall have and may exercise all or any IM*. of the powers conferred on a Wages Board by this Act and may either increase or decrease any prices or rates of payment (whether piece-work prices or wages rates) and shall have full power to amend the whole or any IW4> part of any Determination of a Wages Board.* * An appeal to the Court of Industrial Appeals from the determination of a Wages Board is in the nature of a rehearing, and the Court is not confined to a consideration of the materials which were before the Board in coming to a con- clusion as to what should be the minimum wage in the trade, process, or business for which the Wages Board was appointed. Mr. Justice Hood, in re the Bread Board, 13 A.L.R. 589. Mr. Justice Hodges, in re the Ice Board, 16 A.L.R. 46. Appended is a list of the Determinations dealt with by the Court of Industrial Appeals : On 14th September, 1904. Artificial Manure Board Appeal by employers. Wages reduced from 40s. 6d. to 36s. 17th September, 1906. Fellmongers Board Appeal by employers. Hours increased, 48 to 54. 2nd October, 1906. Fellmongers Board Appeal by workers. Hours reduced, 54 to 48, and wages increased 42s. to 45s. llth October, 1906. Printers Board Appeal by employers. Court refused to alter Determination. 15th August, 1907. Bread Board Appeal by employers. Wages reduced, 54s. to 50s. 12th November, 1909. Ice Board Appeal by employers. Wages reduced, Is. 3d. to Is. per hour. 16th November, 1909. Hairdressers Board Appeal by employers. Wages were not altered, but proportion of improvers amended. 24th July, 1912. Boilermakers Board Appeal by employers against 54s. and 48s. for labourers. Rates fixed by court at 54s., 52s., 50s., and 48s. 21st December, 1912. Clerks Board (Commercial). Reference by Minister of Labour as to rates for female typists. The court refused to affirm the principle of equal pay for males and females and fixed lower rates (32s. and 28s.) for women. 3rd June, 1913. Fuel and Fodder Board. Appeal by employers. Wages reduced from 68s. 60s. and 54s. to 64s. 52s. and 48s. respectively, and the hours of carters increased from 52 to 58. 9th July, 1913. Artificial Manure Board. Appeal by employers. Wagea were, in a few cases, reduced. 27th August, 1913. Builders' Labourers Board. Appeal by employers. The court increased the hours from 44 to 48, and in some cases increased wages, in other cases reduced them. 27th August, 1913. Country Printers Board. Appeal by workers. Wages increased, 45s. to 48s. 89 (7) The Court shall have and may exercise in respect of the summoning sending for and examining of wit- nesses documents and books and in respect of persons summoned or giving evidence before the Court the same powers as are by the Evidence Act 1915 conferred on a Board or Commission appointed or issued by the 22nd April, 1914. Stonecutters Board. Appeal by employers. Wages of adults were slightly reduced and hours increased. Improvers' wages were increased. 21st May, 1914. Confectioners Board. Appeal by employers. The court by consent of both sides, raised slightly the rates for juveniles, and reduced those of adults. 25th July, 1914. Carters Board. Appeal by employers against rates. Appeal withdrawn. 31st July, 1914. Clerks Board (Commercial). Appeal by employers. The court slightly increased metropolitan rates for clerks, and reduced other rates. 25th February, 1915. Carters Board. Appeal by employes against rates. Appeal withdrawn. 23rd June, 1915. Builders' Labourers Board. Application by employed for variation of existing Determination of Court Rates were varied and hours reduced from 48 to 44. 18th December, 1915. Gold Miners Board. Appeal by employers. Appeal abandoned. 5th January, 1916. Country Printers' Board. Reference on benalf of the employes with a view to a variation of the Court's Determination. A conference was held, and an agreement providing tor a general increase in wages was embodied in the Determination of the Court. 4th August, 1916. Sewer Builders Board. Appeal by employers. The court reduced the wages to the extent of Id. to 2|d. per hour in several instances, but the hours per week were increased from 44 to 48. 5th September, 1916. Commercial Clerks Board. Reference by the Minister upon representations by employes. Wages were increased by 2s. per week for males and Is. per week for females. The court refused to 'grant the claim of equal pay for male and female clerks. 20th October, 1916. Quarry Board. Appeal by employers. The court raised the number of hours per week from 44 to -18 and increased the minimum, wage by 6s. per week. 10th March, 1917. Hotel Employes Board. Appeal by employes to have a week of 48 hours for all employ6s. The court declined to interfere with the Board's Determination, except to simplify the wording. 17th October, 1917. Underclothing Board. Appeal by employers. The court doubled the number of improvers which may be employed in any place. 14th January, 1918. Country Printers Board. Application by employes for a revision of the Determination of the Court. A conference w;is held and an agreement which provided for increases ranging from 6s. to 8s. in trie weekly wages was embodied in the new Determination of the. Court. 23rd March, 1918. Quarry Board. Application by employes for leave for tha Board to alter the Determination of the Court. Before the hearing an agreement was arrived at between the two parties by which wages were increased to the extent of 2s. 6d. to 8s. per week. This agreement was embodied in a Determination of the Court. 17th June. 1918. Commercial Clerks Board. Application by employes for leave for Board to alter the Court's Determination . Before the hearing the parties came to an agreement by which the wages of all adult workers were increased, and this embodied in a new Determination of the Court. 5th September, 1918. Grocers Board. Appeal by employers on the ground that the wages were toe high outside the metropolitan district. The court reduced the rate for all persons rer eiving a wage of 65s. or over as follows : BalHrat and Bendigo districts, 3s. per week less ; Warrnambool, 2?. per week less. 21st September, 1918. Builders' Labourers Board. Application by employes for a revision of the Court's Determination. The minimum wace for adults was increased from Is. 4d. to Is. 6d. per hour and the scale of allowances was v ried. 21st December, 1918. Plumbers Board. Appeal by employer. The court made special provision for persons employed solely as gas main or service layers and fixed their rate at Is. 8d. per hour. S. 2 No. 3048. As to alteration &c.of Determination of Court by Wages Board concerned. Governor in Council; provided however that every summons to attend the Court may be signed by the Registrar. (8) No evidence relating to any trade secret or to the profits or financial position of any witness or part)' shall be disclosed or published without the consent of the person entitled to the trade secret or non-disclosure. (9) The Determination of the Court shall be final and without appeal and may not be reviewed or altered by a Wages Board without leave of the Court, but the Court if satisfied upon affidavit that a primd 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 Determination. 13 (Act No. 3048). Provided that when a period of twelve months has elapsed from the date of any Deter- mination of the Court, whether made before or after the commencement of this Act, or of the latest revision, alteration or amendment of any such Determination by the Court (as the case may be) the Wages Board con- cerned shall, after the expiration of such period or (in any case where such period has expired before the commencement of this Act) after the commencement of this Act have the right without leave of the, Court to review or alter the Determination; and any Determina- tion of the Court when reviewed or altered pursuant to this sub-section by a Wages Board, whether with or without leave, shall be the Determination of the Wages Board and the provisions of the Factories and Shops Acts shall take effect accordingly. (10) The Determination of the Court shall be for- warded to the Minister by the Registrar. Publication, &c. 177. (1) The Minister shall cause each Determination of the Court to be published in the Government Gazette and such Determination shall apply to every part of Victoria to which the referred Determination applies or is expressly applied. (2) The production before any Court Judge or justice of a copy of the Government Gazette containing a Determination of the Court shall be conclusive evidence of the making and existence of such Determination and of the constitution of such Court and of all preliminary steps necessary to the making of such Determination. 91 (3) The provisions of this Act for or relating to the enforcement of any Determination of a Wages Board 8 - 2 No - 3048 - shall equally apply to any Determination made by the Court, and such provisions shall with such substitutions as may be necessary be read and construed accordingly. 178. A Determination of the Court of Industrial Power of Appeals may be dealt with by the Governor in Council councnwith in the same way in every respect as if it were a Deter- respect to ,. .^LT T> -I determination mmation of a Wages Board. of court of Industrial 179. Notwithstanding anything in this Act any De- termination made before the first day of January One thousand nine hundred and fifteen by the Court oi determinations Industrial Appeals as theretofore constituted and inaSria? whether such Determination is in force or suspended Appeals, shall for all purposes (i) be deemed and taken to be, and (ii) have the like force and effect and validity as if it were a Determination (in force or suspended as the case may be) of a Court of Industrial Appeals as constituted under this Act. Provided that the Minister if satisfied upon affidavit that a primd facie case exists for the review of any such Determination may advise the Governor in Council to constitute a Court of Industrial Appeals as herein- before provided and upon such Court being constituted may refer the application for review for the considera- tion of the said Court which application the said Court is (in addition to all other powers vested in the said Court by this Act) hereby authorized to consider and to hear and determine. 180. The Court of Industrial Appeals may revise or court of alter its own Determination at any time and from time ^"^mav to time on the application of either the representatives revise or alter of employers or representatives of employes on the fctaJf****"*" Wages Board. ibid. 181. In addition to the powers otherwise conferred powers of upon the Court of Industrial Appeals the said Court JJJt dent of shall have all the powers of the Supreme Court which last-mentioned powers shall be exercised only by the President; and the Court of Industrial Appeals shall Procedure to in every case be guided by the real justice of the matter informal, without regard to legal forms and solemnities and Wages Boards to fix number or proportionate number of apprentices and improvers, *. S. 2 No. 3048. Board to take into consideration age sex and experience of apprentices and improvers Proportion of male and female apprentices and improvers. shall direct itself by the best evidence it can procure or that is laid before it whether the same be such evidence .as the law would require or admit in other cases or not; and if the Court considers any further evidence or information which would assist the Court could be obtained, the Court shall intimate in open Court what further evidence or information the Court desires. PART IX. APPRENTICES AND IMPROVERS. DIVISION 1. APPRENTICES AND IMPROVERS. 182. (1) When determining any prices or rates of payment every Wages Board shall also determine (a) the number or proportionate number of ap- prentices and improvers who may be em- ployed within any factory or shop or place or in any trade; and* (b) the lowest prices or rates of pay payable to apprentices J or improvers. (2) The Board when so determining may (a) take into consideration the age sex and ex- perience of such apprentices or improvers; (6) fix a scale of prices or rates payable to such apprentices or improvers respectively accord- ing to their respective age sex and experi- ence; andf (c) fix a different number or proportionate number of male and female apprentices or improvers; * It will be noted that a Board is given power to determine the number or proportionate number of apprentices and improvers who may be employed (1) in any factory or shop or place ; (2) in any trade. Boards have always fixed the number with reference to a factory, shop, or place, or with reference to an individual employer. It is difficult to see how a fixing of the number in a process, trade, business, or occupation could be practicably administered, seeing that there would be no means of deciding how many improvers or apprentices any particular employer would be entitled to. t Any improver may. at the option of his employer, be put to any class of work. It is allowable for a Board to fix varying rates for improvers according to the work at which they are employed. The case is different, however, regarding apprentices. An apprentice has to be taught the whole of the trade to which he is apprenticed, and only one scale of payment can be fixed, no matter what his work. J How TO BIND AN APPRENTICE. 1. Secure three forms of indenture. Every Wages Board has the right to decide the form of indentures in its trade and many Boards have drawn up forms, These forms can be obtained from the Government Printer, near Spring-street, Melbourne, for 9d. a set, or posted I0d. a set. In trades where no indenture form has been prescribed a suitable form may be obtained in the same way. 2. The indenture forms should be carefully filled in. Any officer of the Department of Labour will help in this. 3. Each of the three copies should be signed by the employer or his attorney, the parent or guardian, and the apprentice. A seal should be put opposite each signature and each person after signing should place his right forefinger on his seal and say " I deliver this as my act and deed." Each of the three parties should retain one copy of the indenture. A copy of an approved indenture will be found on page 125. 90 (d) prescribe the form of apprenticeship indentures to be used. J (e) approve of courses of technical education in- J p p w r e r v * collr8es eluding correspondence courses which in the of technical opinion of the hoard it is desirable should he taken hy apprentices or improvers. Any Board having approved of a course of technical education for such employes shall report the same to the Minister who may with such terms and conditions as he thinks fit make it applicable only to such trades or portion of such trades in districts or portions of districts as he may prescribe. (3) In fixing the number or proportionate number of apprentices the Board shall not fix a less number or proportionate number than one apprentice for every three or fraction of three workers engaged in the particular trade and receiving the minimum wage or earning at piece-work not less than the minimum wage fixed for the time by such Determination. (.4) Repealed by Section 20, Act No. 3048. 183. No person who has a greater number of ap- ^vened in prentices in his employ than is prescribed in the Deter- certain cases by mination of a Wages Board shall be or be deemed to be guilty of a contravention of this Act if he proves (a) that such apprentices employed by him were determination. under indentures of apprenticeship entered s - 2 No - 3048> into before the thirty-first day of December One thousand nine hundred and ten; or (b) that at the date of entering into the indentures of apprenticeship in respect of the last ap- prentice employed by him and for three months previous thereto lie had in his emplo-v such number of persons other than appren- tices and improvers as at that date entitled him to the number of apprentices (including such last apprentice) in his employ. DIVISION 2. APPRENTICES. 184. Where any indentures of apprenticeship are ^age^to be entered into with respect to any trade to which the apprentices. $ An example of a simple form of indenture which is applicable to all trades and which experience has shown work* advantageously to both employer and employs will be found at p. 125. It is desirable for the sake of uniformity and economy that apprenticeship agreements should be as far as possible identical in all trades. 94 8. 2 NO. 3048. Determination of a Wages Board applies and the wages to be paid to the apprentice are stated in such indentures then notwithstanding anything contained in this Act and notwithstanding any subsequent alteration of such Determination by such Wages Board the wages to be paid to such apprentice during the currency of such indentures shall be the wages stated in the in- dentures. ^5. Where any apprentice under the age of twenty- certain one years has been bound in writing by indentures of apprentices. apprenticeship for a period of not less than two years, no provision in any Determination of a Wages Board shall invalidate cancel or alte such deed of apprentice- ship in any way whatever if such deed of apprentice- ship was signed by all parties thereto before the notice of motion for the resolution for the appointment of such Wages Board was given in either House of Par- liament. AS to absence of 186. No indenture of apprenticeship shall be deemed indenture. to be invalid under this Act by reason only that such (f ,.. ,. indenture is not under seal. Form of i$j N O indenture of apprenticeship shall be entered indenture. ... . .., r n , ., - |Wd into in connexion with any trade working under this Act except in the form (if any) prescribed by any Wages Board dealing with such trade and approved of by the Minister.* AS to failure to 188. (1) Any failure either by an employer or an of "n indenture, apprentice to carry out the terms of an indenture of apprenticeship shall be deemed to be a contravention pf this section, f * The power of a Wages Board to prescribe the form of indenture will be found in sections 141 and 182. For a convenient form of indenture, see page 125. t An employer by an indenture in the form prescribed by the Woodworkers Board agreed to take an apprentice for six years and to p y him certain speeded wages per week of 48 hours with farther r tes for overtime. The deed provided that the apprentice should not be paid for at y time whe i absent without leave, or thro 'gh wilful default, or r.egiert, or illness. Held, that the apprentice was entitled to his wages during the time that the works were closed for holidays. he being then ready and willing to serve. Duncan t. James Moore and Sons Prop. Ltd. 23 A.L.R. 148 ; 19.7, V.L.R. 240. Where either an employer or an apprentice considers that the other is com- mitting a breach of any of the covenants full information should be sent to the Chief Inspector of Factories with the duplicate copy of the indenture. Inquiry will then be made, and steps taken by the officers of the Factories Department to enforce observance of the agreement. 95 (2) When the Minister is satisfied that there is any such failure either by an employer or apprentice he may direct that proceedings shall be instituted against the employer or apprentice as the case may be. (3) A court of petty sessions may for any such con- travention (a) impose a penalty not more than Ten pounds Penalty. and in addition order the defendant to enter Power of court into a recognisance within fourteen days in recognisance any sum of not more than Fifty pounds in c ^tam cases with such sureties as the court thinks fit of not more than Fifty pounds each to carry out the terms covenants and conditions of the indentures; and may further order that in default of entering into the recognisance as aforesaid the person or persons in default be imprisoned for a term of not more than one month unless such recognisance be sooner entered into and for a second or subsequent contravention impose on the defendant a penalty not more than Twenty-five pounds and in addition may estreat the recognisance (if any) ; or -'}' ! J v, ' ^' '' '' (6) impose on any employer a penalty of not more than Twenty-five pounds if the court is satis- fied that the apprentice has not been taught the trade in accordance with the indenture of apprenticeship and that the employer has not given to the court any satisfactory ex- planation of such failure to teach the ap- prentice the trade. The whole or any part of such penalty may be applied for the benefit of the apprentice or otherwise as the Minister determines. 189. The Secretary for Labour may grant permission Power to bind in writing to any person apprentices for less than three (a) to be bound for less than three years as an ]g ar8 or lf apprentice to any trade subject to the De- 8>2 i NO. 3048. termination of a Wages Board; 8.2. ibid. (6) who may become over twenty-one years of age during the term of his apprenticeship to com- plete the term of his apprenticeship; 96 Apprentices for under three years. s. 21 NO. 3048. for female * fm P rov fc ers e8 or (c) who is over twenty-one years of age to be bound by indentures of apprenticeship.* 190 F xce pt in cases where the Secretary for Labour . / . . . . ., -in has given his permission in writing as aforesaid all apprentices unless bound by indentures of apprentice- ship which bind the employer to instruct such appren- tice for a period of at least three years shall be deemed to be improvers for the purposes of this Act. DIVISION 3. PROHIBITION OF CERTAIN PREMIUMS AND GUARANTEES. NO premium to 191. Any person who either directly or indirectly or by any pretence or device requires or permits any per- son ^ P a ^ or &* ve or w ^ rece ^ ves f rom any person any consideration premium or bonus for engaging or em- ploying any female as an apprentice or improver in preparing or manufacturing articles of clothing or wear- ing apparel shall be guilty of an offence and shall be liable to a penalty of not more than Ten pounds ; and the person who pays or gives such consideration premium or bonus may recover the same in any court of com- petent jurisdiction from the person who received the same. by" 192 - An 7 shopkeeper (other than a registered phar- for maceutical chemist) who either directly or indirectly or ^7 anv pretence or device requires or permits any person to pay or give him or who receives from any person any consideration premium or bonus for engag- ing or employing any person in connexion with the selling of goods or in connexion with the business of a hairdresser or barber as an apprentice or improver in a shop shall be guilty of an offence and shall be liable to a penalty of not more than Ten pounds; and the person * Any person of working age and under twenty-one can enter into apprenticeship for a term of three years or over in any trade subject to the Determination of a Wages Board, but if it is desired that the term of ap- prenticeship be loss than three years, an application should be made to the Secre- tary for Labour, on the form provided forth t purpose, which may be obtained 1 1 the Department of Labour, Spring-street, Melbourne. That permission will be granted freely in case it is desired to enable a young worker to complete his experience in his trade. If, for instance, he had served three and a half years' apprenticeship to one employer, and desired for any reason (his first indentures having expired or been cancelled) to complete five years' experience by serving one and a half years with another employer, he would be granted permission as a matter of course. If, on the other hand, he had no experience, and wished to be bound newly to a trade for less than three years, or if he wished to begin at a trade after he had passed 21 years of age. the Secretary would reouire strong reasons. It is one of the principal objects of industrial law to ensure the complete training of artisans. To allow persons over 21 to commence at a trade or to be apprenticed for short periods would be to encourage incompetence. A form of application under any of the paragraphs of this section may be obtained at the Department of Labour, Spring-street, Melbourne. shopkeeper employed in 97 who pays or gives such consideration premium or bonus may recover the same in any court of competent juris- diction from the person who received the same. 193. (1) Except with the consent of the Minister in Certain writing no person shall require or permit any person to pay any sum of money or enter into or make any guarantee or promise requiring or undertaking that such person shall pay any sum of money in the event of the behaviour or attendance or obedience of any ap- prentice improver or employe not being at any time satisfactory to the employer. (2) Any such guarantee or promise as aforesaid or to the like effect entered into or made without the consent of the Minister as aforesaid shall be null and void, and any person who without such consent makes or requires such guarantee or promise shall be liable to a penalty of not more than Ten pounds. (3) Any sum which is paid in pursuance of such a guarantee or promise as aforesaid or to the like effect made in contravention of this section shall be returned to the person paying the same ; and the person who has so paid any such sum may if the same is not returned to him on demand recover the same with costs in any court of competent jurisdiction from the person who received the same. . DIVISION 4. IMPROVERS. 194. (1) The Secretary for Labour is hereby autho- Licence to rized to grant to any person over twenty-one years of iT^eaS'oidf* age who has satisfied him that such person has not had s. 21 NO. 3048. the full experience prescribed for improvers by the Wages Board a licence to work as an improver for the 8 - 2 'w*- period named in such licence at the wage fixed by the Board for an improver of any like experience.* *An improver's licence is required only by an improver who reaches the age of twenty-one without having served the full term required to learn the trade. If he has served in the trade for a period equal to the term of apprenticeship he should be regarded as a trained workman and should command the minimum wage. An " improver " is really an unindentured apprentice. He is improving his knowledge and skill in his trade, and the licence is for the purpose of enabling him to complete his partially accomplished education. Thus it happens that licences are not granted to persons over 21 years who have never worked at the trade. Such a person has sometimes been granted a permit to be apprenticed failing that he must be paid the minimum wage. The licence states on its face the wages to be paid. The wages so stated must be at least those fixed in the Determination for an Improver of like experience and age. There is no power to grant a licence at any lower rate. An apprentice is indentured to a particular employer, and is protected by his agreement and by the Department, which will enforce his proper teaching and treatment, but an improver can work for whom he pleases and can be put to whatever work his employer chooses. He must pick up his trade as he may, and there Is no means of insuring that he will eventually become a competent skilled workman. A definition of " Improver " will be found in Section 3. 14850. 4 98 certificate of (2) The employer of any improver in any trade sub- toprovSS ntf r ject to the Determination of a Wages Board shall at 8. 2 No. 3048. the termination of the employment give him a certifi- cate in the form of the Sixth Schedule correctly show- sixth Schedule, ing the duration and nature of such employment. (3) When any improver seeks employment from any employer he shall produce to that employer all certifi- cates previously given to him as aforesaid. PART X. MISCELLANEOUS. DIVISION 1. REGISTRATION OF OUTSIDE WORKERS. 195. (1) Every person who outside a factory wholly or partly prepares or manufactures for trade or sale any articles of clothing or wearing apparel or boots or shoes shall either personally or by written notice re- gister with the chief inspector his full name and ad- dress and also from time to time in like manner register with the chief inspector any change in such address. (2) Every person so registered shall answer all ques- tions put to him by an inspector as to the person for whom the articles are being prepared or manufactured and the price or rate to be paid to him therefor; pro- vided that no woman or girl shall be asked such ques- tions except by a female inspector. (3) Every person guilty of a contravention of sub- section (1) or (2) of this section shall for every offence be liable to a penalty of not more than Ten shillings. (4) Notwithstanding anything contained in this Act no names or addresses registered pursuant to this sec- tion shall be published in any manner or be open to the public or be seen by any person other than the Secretary for Labour the Chief Inspector or the officers of the Department of Labour. The Secretary for Labour the Chief Inspector and the officers of the Department of Labour shall maintain and aid in maintaining secrecy as to the names and addresses so registered and shall not communicate any such name or address to any person whomsoever except for the purposes of enforcing the provisions of this Act. Every person before acting as Secretary for Labour Chief Inspector or as an officer of the Department of Labour shall take and subscribe before some justice such oath of secrecy as may be pre- scribed.* Every person who wilfully acts in contra- vention of this sub-section or of such oath shall be liable to a penalty of not more than One hundred pounds. f * The regulations at p. 161. t Secrecy must also be maintained as to the contents of records section 12. Names and addresses of outside workers to be registered. Registered person to answer inspector's questions. Penalty. Penalty on officers divulging Information re outside workers. 8. 19 (2) No. 3048. Ibid. Oath of secrecy 196. (1) No person who is or is deemed to be the Material not to occupier of a factory within the meaning of section unregistered twenty-three of this Act shall issue or give out or out-workers to , i . . . i i DC made up mto authorize or permit to be issued or given out any articles of material whatsoever for the purpose of being wholly Clothin 8 &0 - or partly prepared or manufactured outside a factory as articles of clothing or wearing apparel for trade or sale except to a person who has been registered as an outside worker provided that no such outside worker shall employ any other person or persons whatsoever in wholly or partly preparing or manufacturing such articles of clothing or wearing apparel save and except members of such worker's own family.* (2) Any person guilty of a contravention of this sec- Penalty, tion shall for every offence be liable to a penalty of not more than Five pounds. DIVISION 2. REGISTRATION OF PLACES OTHER THAN REGISTERED FACTORIES. 197. (1) The occupier of every place where any per- Registration of son other than members of the employer's family re- fha? registered lated in the first or second degree by blood or marriage factories) where to the employer is employed in a process trade business on^roTOssesT"* 3 or occupation to which the Determination of any Wages Businesses or Board applies and which is not registered as a factory occupations or shop shall register with the chief inspector his full detennina1i?oiii name and the locality (giving the name of the street a PP ! y- and the number if any) of such place. f s. 2No. 3048. (2) In each and every such place there shall be made Records to be a true record in such form and giving such particulars kept * as may be prescribed J as to the names work and wages of the persons employed therein and the name and age of every such person who is under twenty-one years of age and such record shall be produced for inspection whenever demanded by the inspector and shall be for- warded annually to the chief inspector at such time as may be prescribed or whenever demanded by the chief inspector. (3) There shall be kept printed painted or affixed in Name of legible Roman characters on such part of the premises as an inspector may direct or approve near to the out- side of the principal outer door of every such place the name of the occupier thereof or if such occupier is a company the registered name of such company or if * The occupier of a factory must keep a record of all work done for him else- where than at his factory, and is required to supply the Chief Inspector of Factories with particulars thereof section 23. t The Determination of a Wages Board does not affect the children of an employer. (See section 166.) J The regulations at p. 158. 100 Venal ty. Inspection. Ooonpier of factory or shop not to have employes a* lodgers. Fortnightly payment ot wages. S. 2 No. 3048. Olrls not to be permitted to lift heavy weights. such occupier is a firm of persons the firm name of such firm. (4) In the event of a contravention of any of the provisions of this section in regard to any such place the occupier thereof shall be liable to a penalty of not more than Twenty shillings for every day during which any of the said provisions are not complied with. (5) With regard to such place and the occupier thereof and his agents servants and employes and the books register and documents therein every inspector of' factories shall have the like powers as such inspector has under this Act in respect to a factory. DIVISION 3. EMPLOYES NOT TO LODGE IN FACTORY OB SHOP. 198. (1) It shall not be lawful for any occupier of a factory or shop (other than a shop mentioned in the Fourth Schedule to this Act) his wife or child directly or indirectly for any consideration to keep or receive adult employes as boarders or lodgers or have any share or interest in the keeping of a lodging-house in which his employes board or lodge. Provided that the chief inspector may if he thinks fit allow an occupier of a factory or shop or his wife or child to accept money for board or lodging from an employe subject to such conditions as the chief inspector may impose.* (2) Except as in this section provided no employ^ shall pay to any occupier of a factory or shop or his wife or child any sum of money whatever for board or lodging or give credit therefor.f DIVISION 4. FORTNIGHTLY PAYMENT OF WAGES. 199. Every employer shall pay or cause to be paid at least once in every fortnight all wages due to every person employed by him in any process trade business or occupation subject to any Determination of a Wagei Board. DIVISION 5. RESTRICTIONS AS TO GIRLS LIFTING HEAVY WEIGHTS. 200. No person employing any girl under the age of eighteen years in a factory or shop shall permit such girl while so employed to lift or carry a greater weight than twenty-five pounds. * Forms will be supplied on application to the Chief Inspector of Factories, fl the applicant lives at any considerable distance from the Chief Inspector of Factories' Office, the application may be made by letter. It is usual to grant permission only in cases where there is some difficulty in procuring lodging, except at a hotel or at the employer's establishment. t As to maximum rent to be paid by resident shop managers or assistants, aee section 108. 101 , DIVISION 6. AMBULANCE CHEST. 201. Every factory or shop where steam electrical Where water or other power driven machinery is running shall have a first-aid ambulance chest equipped and supplied appliances to be in the prescribed manner upon the premises. 8*22 MO. SMS. DIVISION 7. OLD SLOW AND INFIRM WORKERS. 202. (1) If it is proved to the satisfaction of the Aged slower chief inspector that any person by reason of age slow- infirm workers. ness or infirmity* is unable to obtain employment at the minimum wage fixed by any Wages Board, the s. 2 NO. 3048. chief inspector may in such case grant to such aged or infirm or slow worker a licence f for twelve months to work at a less wa,ge (to be named in such licence) than the said minimum wage, and such licence may be renewed from time to time. (2) The number of persons so licensed as slow workers amployed in any factory shall not without the consent , } r , it of the Minister exceed the proportion of one-fifth of the A^hole number of persons employed in such factory at the minimum wage fixed for adults or at piece-work prices provided that one licensed slow worker may be employed in any registered factory and any person who without such consent employs any greater number than 3uch proportion shall be guilty of a contravention of this Act. (3) Any person who either directly or indirectlv or by any pretence or device pays or offers to pay or per- mits any person to offer or pay any such aged or infirm or slow worker at a lower rate than that fixed by the ,'hief inspector in such licence shall be deemed to be guilty of a contravention of this Act.j; (4) In the event of the chief inspector refusing to grant such licence such person may appeal to the Min- ister who may grant such licence in the place of such inspector. * Wages Boards may fix special wages rates for aged, infirm, or slow workers (See section 148.) t These licences are only granted in extreme cases to people who, through age, some physical or mental defect, or through some permanent weakness, are unable to do anything like an average day's work. They are not granted to any but persons who have served in and learnt the trade for which they desire a licence For example, a labourer would not be granted a licence to work as a slow worker in the saddlery trade, nor would an old or infirm sad^ier be allowed in the boot- making trade. Applications should be backed up by full information as to the age, slowness, or infirmity of the applicant, and should be made on the form. supplied for that purpose at the office of the Chief Inspector of Factories in Melbourne. It should further be remembered that these applications should not properly be granted on the ground of inexperience at the trade. In that case an Improver's Licence (section 194) is more applicable. Within the Metropolitan District the applicant should, if possible, attend at the Chief Inspector's Office to make the application. 1 Penaltv. section 226. 5 See p. 162 for the Regulations. V 5. Repealed by Section 14 (2), Act No. 3048. DIVISION 2. MEAT. Half-holiday 206. (1) Every butcher or seller of meat, or maker or prsonT eel seller of small goods shall permit every person employed dtiivering meat, by him in delivering meat to have and take a half- holiday from the hour of one o'clock in the afternoon on some Monday Tuesday Wednesday Thursday Friday or Saturday in each and every week. * An extension of this section has been made to all that , district of the Shire of Moorabbin which is situate north of Balcombe-road and north of Lower Dandenong-road (gazetted 6th March, 1912.) This is the onljr extension of this section that has been made. 103 (2) Upon receiving a petition certified by the muni- Restriction on -cipal clerk of any municipal district as being signed by A majority of the butchers having shops* in such district in each the Governor in Council may make regulations prohibit- ing the delivery of meat from a cart or in the street or st any house or premises on any one specified day in each month or on any specified afternoon in each week after one o'clock, f (3) The municipal clerk of such district is hereby certification of required when any such petition is presented to him by P etition - any petitioner or is referred to him by the Minister to certify whether or not such petition has been signed by a majority of the butchers having shops in such dis- trict. (4) The employer of any person engaged in deliver- offence, ing meat shall in respect to each such person who has not in any week had and taken a half-holiday pursuant to this section be deemed to have been guilty of an offence against the provisions of this Act. 207. (1) Every shop in the Metropolitan and Gee- Butchers' long Districts in which fresh uncooked meat is sold and holiday, every factory in which small goods are made shall be closed on the whole of the third Wednesday in January in each year and every employe in such shop or factory and all persons employed in abattoirs or private s . 15 NO. 3048. slaughter-houses in the said district shall be given a whole holiday on such day and every such shop may be kept open till nine o'clock on the Tuesday preceding the third Wednesday in January in each year. Provided that nothing in this section so far as it IMA relates to abattoirs or private slaughter-houses shall apply to persons employed only in connexion with the export trade. (2) Repealed ly Section 15 (c), Act No. 3048. 208. (1) Every person who on a Sunday delivers Delivery of meat on sale whether in a retail or wholesale way and * See also Section 9 Act ;:048 as to stalls or standings in market. t Semble, a regulation absolutely and with respect to all persons prohibiting delivery within a certain municipal district on a specified afternoon is not ultra vires, and the penalty may be enforced against a servant acting under his master's orders even when the master carries on business outside the district. Powell v. Smith, 22 V.L.B., 556 104 whether the same has been paid for or has to be paid for on or after delivery, and every person who causes any meat to be so delivered shall be guilty of an offence and shall for every such offence be liable to a penalty of not less than One pound nor more than Five pounds. (2) Where any seller of meat either himself or by any of his employes or by any other person delivers meat on a Sunday to any other person or at any other person's house or premises such meat shall unless the contrary is proved be deemed to have been delivered on sale within the meaning of this section. DIVISION 3. MILK. ^) Every milk vendor shall permit every per- son employed by him in delivering milk to have and delivering milk. take a half-holiday from the hour of one o'clock in the afternoon on some Monday Tuesday Wednesday Thurs- day Friday or Saturday in each and every week. Offence. (2) The employer of any person engaged in deliver- ing milk shall in respect to each such person who has not in any week had and taken a half-holiday pursuant to this section be deemed to have been .guilty of an offence against the provisions of this Act. DIVISION 4. MISCELLANEOUS. power of 210. With regard to any process trade business or OounStomake occupation for which there is no yearly holiday fixed in regulations this Act the following provisions shall have effect fixing yearly wrtifn'cases. ( l ) Where a petition is presented to the Governor in Council praying that any particular day in each year shall be a holiday in any such process trade business or occupation either throughout Victoria or in any part thereof and the chief inspector certifies that the petition is signed by a majority of the em- ployers and a majority of the employe's to be affected the Governor in Council may Petition, (a) grant the prayer of tEe petition ac- cording to the terms thereof or with such alterations or modifica- tion as he thinks fit; and make re- L05 gulations fixing a holiday in each year accordingly; or* (&) refuse to grant the prayer of the petition. (2) Every employer affected by any such regulation Employers to shall give to every employe working for him fmpioy^on t0 in connexion with such process trade busi- yearly holiday, ness or occupation a whole holiday in each year on the date so fixed. 211. Notwithstanding anything in this Act the Go- Provision for vernor in Council upon receiving a petition signed and another^ay certified as required for petitions praying for the fixing Jj^jj!} f day .j by regulations of a holiday in each year for any process holiday^ yea trade business or occupation may make regulations sub- stituting a day to be a holiday in each year for any process trade business or occupation in lieu of the day fixed for that purpose in this Act. Provided that no regulation in regard to the closing of fruit shops in the Metropolitan District shall operate to close such shops during the months of January and February. 212. Every shop in the city of Bendigo or in the Annual holiday) borough of Eaglehawk in which fresh uncooked meat ^^^ is sold and every factory in which small goods are made goods factory, shall be closed on the whole of the third Wednesday in * Under the provisions of this section, regulations have been made as follows : Date of Gazettal. Trade, &c., affected. Holiday fixed for Area affected by Holiday. 12.2.13 Making, mending, or selling bicycles, tricycles, or motor Third Saturday in February Metropolitan District cycles 28.10,14 Making, mending, or selling Second Saturday Geelong Dis- bicycles, tricycles, or motor in November trict 26.2.13 cycles Hairdressing and shaving Third Wednesday 99 in February 18.2.14 Manufacturing or repairing (a) Articles made of tin plate First Saturday in March -) Metropolitan District or other sheet metal \ (6) Gas meters ii .. ii 18.2.14 The business carried on in iron- " mongers' shops ii 25.2.14 The business of a firewood mer- Fourth Wednes- chant day in February M it 23.12.14 The business carried on in a dairy Third Monday in ii Produce or a cooked meat February )ther than tinned meat) shop 18.9.18 Boot repairing Third Saturday in February 106 February in each year and every employe in such shop or factory shall be given a whole holiday on such day and every such shop may be kept open till nine o'clock on the Tuesday preceding the third Wednesday in February in each year. Hairdressers' 213. Every hairdressing and shaving saloon in the annual holiday. Metropolitan District shall be closed on the third Wed- nesday in February in each year and every employe in such saloon shall be given a holiday on such day and every such saloon may be kept open until ten o'clock on the Tuesday preceding the third Wednesday in February in each year, and such saloon shall not be required to be closed for a half -holiday in such week. Annual holiday. 214. Every fruit and vegetable shop in the Metro- for fruit and politan District shall be closed on the second Wednes- s ' day in March in each year and every employe work- ing in or in connexion with such shop shall be entitled to and be given a holiday on such day. Annual holiday 215. Every grocer's shop and every shop in which shops 00618 ' tea is sold in the Metropolitan District shall be closed on the second Wednesday in February in each year and every employe working in or in connexion with such shop shall be entitled to and be given a holiday on such day. Annual holidays 216. The fourth Saturday in February in every year trades*" 1 shall be a factory holiday for persons employed in the following trades : brushmaking ; carpentering ; coach-building ; coopering ; furniture ; saw-milling ; and every employe working in connexion with a factory in which any of such trades is carried on shall be entitled to and be given a holiday on such day. Watchmen to 217. Notwithstanding anything contained in this Act have one any person employed as a watchman shall be granted holiday a week. ^ ^Jjfr g^J week . 107 218. Every fish or poultry shop in the Metropolitan Annual holiday, District shall be closed on the last Monday in February gj^" 1 pOB in each year; and every employe working in or in ^connexion with such shop shall be entitled to and given a holiday on such day. PART XII. OFENCES PENALTIES AND LEGAL PROCEEDINGS. 219. Where any person is charged with an offence court of petty against this Act, such charge shall be heard before and Id^udSate. all penalties imposed by this Act shall be recovered before a court of petty sessions consisting of a police magistrate sitting either with or without justices. 220. (1) Every offence against the provisions of this proceedings Act shall be reported to the Minister, who may if he JfJjJierB to be think fit direct proceedings to be taken against the directed by offender. (2) All proceedings directed to be taken by the Min- ister a,gainst any person for contravening any of the provisions of this Act may be taken by any member of the police force or by any inspector. (3) Where the Minister has directed proceedings to Effect of be taken against any offender, if the court amend the information warrant or summons for any variance be- tween it and the evidence on the part of the prosecu- tion, such direction of the Minister shall be sufficient authority for the continuance of the proceedings against the offender after such amendment thereof by the (4) All courts shall take judicial notice of the signa- Certain ture of every person who is or has been Minister Chief jSSuy 8 * Inspector of Factories and Shops or Assistant Chief noticed. Inspector of Factories and Shops to every document re- quired to be signed for the purposes of this Act or any Act hereby repealed. 221. In proceedings before courts of petty sessions Defence. for any contravention of the provisions of this Act it shall not be a defence that the occupier of a factory or shop was not in Victoria at the time the alleged offence was committed ; and for any such contravention service AS to service of of a summons by leaving the same with some person 108 apparently of the age of sixteen years or upwards at the usual place of business in Victoria of the person named in such summons shall be deemed to be good and sufficient service thereof. General 222. The following provisions shall have effect with proceetogs 8 10 reference to proceedings before courts of petty sessions for offences under this Act : (a) The information if for any offence in connexion with the preparation or manufacture or stamping of furniture or the unlawful pay- ing or receiving any sum of money in con- nexion with the employment of an appren- tice or improver shall be laid within twelve months* after the commission of the offence ; and if for any other offence shall be laid within two months* after the commission thereof. (6) It shall be sufficient to allege that a factory bake-house or shop is a factory bake-house or shop within the meaning of this Act without more. (c) It shall be sufficient to state the name of the ostensible occupier of the factory bake-house or shop or the title of the firm or company by which the occupier of the factory bake- house or shop is usually known. f Onus of proof (^) The onus of proof that the person firm or com- pany named in a summons is not the occupier of the factory bake-house or shop shall be on the defendant. (e) The onus of proof that the provisions of this Act with regard to the registration of fac- tories or shops and with regard to the per- sons in charge of steam-engines or boilers have been complied with as to any particular factory or shop or such persons shall in all cases be on the defendant. * " Month " means calendar month. " Acts Interpretation Act." t This sub-section applies only where an averment of occupation is materiaL Bishop \. Chung Bros., 4 C.L.R., 1268, 13 A.L.R. 412. But see section 227 which was enacted subsequently to that decision. 109 (/) The onus of proof that articles prepared or manufactured or made are not prepared or manufactured or made for sale shall in all cases be on the defendant. (g) In proceedings against any person for employ- ing any apprentices or improvers in excess of the number or proportionate number as determined by a Wages Board, the onus of - * no. 3048. proof that the provisions of this Act and of such Determination with regard to the number or proportionate number of appren- tices or improvers who may be employed have been complied with shall in all cases bo on the defendant. (h) The onus of proof that the provisions of this Act with regard to the taking of a half-holiday in each and every week by each and every person employed in any shop; or the stamping of furniture; or the painting or varnishing of factories or washing or lime-washing the same have been complied with shall in all cases be on the defendant. (*) The onus of proof that the person named in a summons as an employe of the defendant in a certain capacity was not employed in the capacity named in such summons shall in all cases be or the defendant. (j) The onus of proof that the premises or place named in any summons are not or is not within the municipal district township or locality mentioned in such summons shall in all cases be on the defendant. (k) It shall be deemed that a shop was not closed when within the meaning of this Act if it be i proved with reference to such shop that dosed, hairdressing or shaving was being carried on in such shop whether by a hairdresser or barber or any employe or any person whom- soever and whether for hire or reward or otherwise fifteen minutes after the hour fixed for closing a hairdresser's or barber's shop. 110 Evidence of age when shop (1) It shall be deemed that a shop was not closed closed? n * within the meaning of this Act if it be proved with reference to such shop that (a) goods were sold; or (b) goods were offered for sale; or (c) goods were exposed for sale.* (m) A declaration by a certifying medical prac- titioner for the district that he has person- ally examined a person in that district and believes him to be under the age set forth in the declaration shall be admissible in evidence of the age of that person. 223. The production before any court judge or jus- tices of a copy of the Government Gazette containing the Determination of any Wages Board shall be con- clusive evidence of the due making and existence of such determination and of the due appointment of such Board and of all preliminary steps necessary to the making of such determination. f Effect on legal 224. When any Determination of a Wages Board 13 Jmendmentof a amended or revoked, such amendment or revocation determination, shall not directly or indirectly affect any legal proceed- lbld - . ings of any kind theretofore commenced under the pro- visions of this Act for any breach of such Determina- tion or any right existing at the time of such amend- ment or revocation under the provisions of this Act. Evidence of determination. S. 2 NO. 3048. Power to recover rate determined by Wages Board notwithstanding any agreement to the contrary. Ibid. 225. Where any employer employs J any person who does any work for him for which a Wages Board has * Defendant had his shop open after the prescribed hour, and goods in the shop were shown and employes were present. No sales of goods took place, and placards were exhibited announcing that the shop was open only for show purposes. Held, that the goods were exposed for sale within the meaning of this sub-section, and that, the shop being open after the prohibited hour, the proprietor had committed an offence. Turnbull v. Cocking, 25 V.L.R., 83 ; 5 A.L.R., 196 ; 21 A.L.T., 55. By section 4 (1) of the Shops Act 1912 (England) " Every shop shall . . . be closed for the serving of customers not later than one o'clock in the afternoon on one day in every week." Held, that it is not an offence against the above provision for a shopkeeper to affix to the door of the entrance to his shop an automatic machine by means of which an article is supplied to the public during the weekly half-holiday on the insertion of a penny in the slot, inasmuch as the words " the serving of customers " in the sub-section refer to personal service. Willesden Urban District Council v. Morgan. The Times Law Reports 1914, 21 A.L.R. (c.n.) 1. (1915.) t The production of the Government Gazette is conclusive evidence of the deter- mination o such Board, and of its due appointment in the absence of any pro- ceedings to quash such determination, and an objection as to the proper constitu- tion of such i'oard cannot be taken on a summons for an offence under the Act. McGlinchy v. Narracott, 26 V.L.R., 766. t As to when a person is "employed" see Ballantyne v. Hinchliffe. 21 A.L.R., 34, noted at section 168. Ill determined the lowest prices or rates, then such em- ployer shall be liable to pay and shall pay in full in money without any deduction whatever to such person the price or rate so determined, and such person if he has made demand in writing on such employer within two months after such money became due may within twelve months after such money became due take pro- ceedings in any court of competent jurisdiction to re- cover from the employer the full amount of any balance of such sum so demanded due in accordance with the Determination, any smaller payment or any express or implied agreement or contract to the contrary not- withstanding.* 226. (1) Where a price or rate of payment for any Penalty for person or persons or classes of persons has been deter- determination, mined by a Wages Board and is in force, then any s. 2 NO. 3048. person (a) who either directly or indirectly, or under any pretence or device, f attempts to employ or j. ,> , employs or authorizes or permits to be em- ployed any person apprentice or improver at a lower price or rate of wages or piece- work (as the case may be) than the price or rate so determined; or * Under this section an employe may sue for his wages at any time within twelve months. The time within which the Factories Department can prosecute for an offence is, however, limited by section 222 to two months, and in some cases to twelve months. It is very essential, therefore, that any employ^ who is being underpaid should give information promptly, so as to allow sufficient time to make the necessary inquiries in connexion with the preparation of the case. A case in point was where information was given after the lapse of one month. The employer in the country was really a trustee living in a different country town. Before the inspector had ascertained the facts in the case and the real parties to proceed against, the remaining month had expired, and the employe had to be left to take his own proceedings. Moreover, if claims are allowed to become stale, experience shows they are more difficult to substantiate. Compare section 232. t A saddler was engaged by the employer's foreman to do piece-work at * lower rate of pay than that fixed by the Saddlery Board. The employer, a member of the Saddlery Board, paid the rates as agreed. Held, that there was evidence of every element of the offence created by the section, and that the defendant was rightly convicted. Billingham v. Oaten, (1911) V.L.R. 44, 17 A.L.R. 36. The prohibition in this sub-section is absolute, " mens rea " not being necessary to constitute an offence. The defendant was charged with employing a person at a lower wage than that fixed by a Wages Board. Held, it is not a good defence that the wages were paid under an honest and reasonable belief in the truth of a state of facts which, if it had re illy existed, would have made the payment lawful. Duncan T. Ettis 22 A.L.R. 188. s. 2. no. 3048. Permission for factories, (2) The registration of the factory of any person who is convicted under this Act of a third offence shall with- out further or other authority than this Act be forth- with cancelled by the chief inspector, provided that such person knowingly and wilfully committed each of such offences. Power to 227. (1) Any person or body of persons in occupa- firms, ^ on o f anv f ac t ry or shop may be prosecuted for any offence in the true ostensible or reputed name of such * A shopkeeper whose principal business is the sale of dairy produce and ham and beef, but who ulso habitually sells a sm -.11 quantity of groceries, is not absolved from observirg the Grocer's Determination because the quantity of groceries sold is very small. Sb.ttery v. Bishop Bros., 25 A.L.R., 4J.2. t Neither the Railway Department nor Commonwealth mail contractors are affected by Wages Boards. But charitable institutions, municipal councils, and such bodies as the Harbor Trusts and the Melbourne and Metropolitan Board of Works are. 113 person or body of persons and a conviction may be had and enforced by distress in that name against the actual occupier.* (2) No sentence of imprisonment in default of dis- tress if fixed at the hearing shall operate unless the actual or true occupier is then present or represented by his barrister and solicitor or if not fixed at the hearing shall be subsequently awarded unless the actual or true occupier is first called upon in his true name by summons to .show cause, 228. Where an offence for which the occupier of a p ellil it y O n factory or shop is liable under this Act to a penalty has ^g ting in fact been committed by some agent servant work- offences for man or other person such agent servant workman or other person shall be liable to the same penalty as if liable, he were the occupier. 229. (1) Where the occupier of a factory .or shop is Exemption of charged with an offence against this Act he shall be pSty r on m entitled upon information duly laid by him to have any conviction of other person whom he charges as the actual offender ac brought before the court at the time appointed for hearing the charge. (2) If after the commission of the offence has been proved the occupier of the factory or shop proves to the satisfaction of the court that he had used diligence to enforce the execution of the Act and that the said other person had committed the offence in question without his knowledge consent or connivance the said other person shall be summarily convicted of such offence and the occupier shall be exempt from any penalty. (3) When it is made to appear to the satisfaction of an inspector at the time of discovering the offence that the occupier of the facfory or shop had used all due diligence to enforce the execution of this Act and also by what person such offence had been committed and * See as to cases under the Acts formerly in force. Bishop v. Chung Bros., 4 C.L.R., 1262, and Dangerfield v. McDonald and Co., 1914, V.L.R., 357. Compare Section 222 (c) and footnote thereto. This section has no application to the case of an employer not giving his carter a half-holiday (Sections 129 and 241) because that liability does not arise from his status as an occupier but from his position as an employer. It is the duty of the Justices to ascertain for the purposes of conviction the individuals represented by "A and Compsny," and if they find there is an offence to hold those individuals liable. Dangerfield v. McDonald and Co., 20 A.L.B.217. 114 also that it had been committed without the knowledge consent or connivance of the occupier and in contraven- tion of his orders then the inspector shall proceed against the person whom he believes to be the actual offender in the first instance without first proceeding against the occupier of the factory or shop. j of 230. Every person who is guilty of a contravention offence? of any of the provisions of this Act or any regulation or by-law thereunder shall be deemed to be guilty of an offence against the said Act regulation or by-law. 231. (1) If any person is killed or suffers any bodily compensation i n j ur y i n consequence of the occupier of a factory ?nju1edby want ( a ) ^ avin -g neglected to provide guards* required of fence to by or in pursuance of this Act to be pro- machinery, &c. for _ (i) any dangerous part of the machinery of the factory, or (ii) any dangerous appliance used in or in connexion with the factory, or (iii) any dangerous part of the factory; or (6) having neglected to keep any such guard con- stantly maintained in an efficient state and properly adjusted, the occupier of the factory shall be liable to a penalty of not more than One hundred pounds the whole or any part of which may be applied for the benefit of the injured person or his family or otherwise as the Minister determines. (2) The occupier of a factory shall not be liable to a penalty under this section if an information against him for not providing guards for any part of the ma- chinery or for any appliance by which or for any part of the factory in which the death occurred or bodily injury was inflicted has been heard and dismissed within one month previous to the time when the- death occurred or bodily injury was inflicted. (3) This section shall not deprive the injured person or his or her representative of the right of action to recover damages in any court of competent jurisdic- tion. * For provisions as to fencing machinery, white phosphorus may on complaint to a court of petty ?2 p i. 2 ; * sessions be ordered to forfeit any such matches in his possession; and any matches so forfeited shall be destroyed or otherwise dealt with as the court thinks fit. 122 SCHEDULES. (Act No. 2650.) Section 2. FIRST SCHEDULE. No. of Act. Title of Act. Extent of Repeal. 2386 2447 2558 Factories and Shops ^4cU912 Factories and Shops ^cH912 (No. 2) Factories and Shops Act 1914 So much as is not already repealed The whole The whole Section 17. SECOND SCHEDULE. Every factory in which more than sixty persons are em- ployed, per annum Every factory in which more than thirty and not more than sixty persons are employed, per annum Every factory in which more than ten and not more than thirty persons are employed, per annum Every factory in which more than six and not more than ten persons are employed, or in which though more than six are not employed, steam, water, gas, oil, or electric power is used, per annum Every factory in which not more than six persons are em- ployed, and for which the steam, water, gas, oil, or electric power is obtained from a factory already registered, per annum Every other factory, per annum s. d. 330 220 1 1 10 123 THIRD SCHEDULE. Section $7. Factories and Shops Act 1915. OVERTIME WORKED BY MALES UNDER SIXTEEN AND FEMALES (OF ANY AGE). Date when Over- time worked. Number of Employes. Females. Boys under Sixteen. Number of Hours Worked by. Females. Boys under Sixteen. Reasons for Overtime : Signature of Occupier. Date. To the Chief Inspector of Factories, Melbourne. FOURTH SCHEDULE. Confectionery and pastry shops. Eating-houses. Fish and oyster shops. Flower shops/ Fruit and vegetable shops. Booksellers' and news agents' shops. Cooked meat (other than tinned meat) Sections 77, 8S, 84, 85, 97. S. 7 No. 3048. 124 Section 137. FIFTH SCHEDULE. Factories and Shops Act 1915. LIST FOR ELECTORS' ROLL OF ALL PERSONS OF EIGHTEEN YEARS OF AQE AND UPWARDS EMPLOYED BY (state name of employer). Name of Employer Address Nature of Process, Trade, Business or Occupation carried on Indicate Name of Person employed. opposite each name whether Employ6 is Address Kind of Work done by each Employe 1 . Christian 1 Surname.j j^g^. Male. Female. Number. Street. Place. I certify that the above is a true and correct list of all the persons of eighteen years of age and upwards employed, at the date of this list, as described above. Signature of Occupier or Manager Date Section 194. SIXTH SCHEDULE. CERTIFICATE OF EMPLOYMENT AS AN IMPROVER IN THE* Name of Employe We hereby certify the Class of Work Period. Length of Service. particulars placed opposite our Signa- tures are correct. Employed at. From- To. Years. Months. Weeks. Employer's Signature. Employe's Signature. This Certificate must be produced by the Improver when seeking new employment. * Here state the nature of the process, trade, business, or occupation in which such person was employed. 125 FORM OF INDENTURE PRESCRIBED BY THE BOARD. THIS INDENTURE made the day of 19 Between Employer Apprentice Parent or Guardian lor themselves their executors administrators or assigns WlTNESSETH That the said employer doth hereby covenant with the said apprentice and the said parent or guardian that he the said employer will (a) Take and receive the said apprentice as his apprentice for the full term of years from the day of 19 (b) To the best of his power knowledge and ability teach and instruct or cause to be taught and instructed the said apprentice in the process trade or business of* and in all things incident or relating thereto. m. Height. Length. Breadth. Number of Windows Number of Doors. Nur Vent! Inlet. nber >f la tors. Outlet. 1 Inches. I Inches. 1 Indies. Applicant's Signature Date I I NOTE. Section 238 of the Factories aw) Shops Act 1915 imposes penalty upon any person making false entry of any particulars in this notice. I have examined the above factory and find the particulars given correct, good The factory is in fair condition : bad This factory will accommodate .... Inspector of Factories. .;. employes. Register [BACK/ Chief Inspector of Factories. 19 c J . 1 J 14 i i i f' '* I o c 1 3 ? .- 1 '5 i 4 fei 1 if it M - 8 +* o ,O 1 14850. 5 130 Approval of Municipal Council. 3. Every person who is in occupation of any place which is about to beco > for the first time, or after a period of disuse is about to again become, a fact* shall, before the same is used or again usechSS such, forward to the Council r the district full particulars as to such office, building, or place in the follow ; form, namely : Date, 19 Section 15(1]. To the Municipal Clerk, SIR, I hereby give you notice that I desire to occupy the premises deecri 1 hereunder as a factory and request that the same may be approved by the Le4 Municipal Council. The full names of the persons or body of per sons who will occupy the factory are The trade name of the firm is The premises are situate at The factory will manufacture The mechanical power is . . (Electricity, steam, * s factories prior to the 1st January, 1915, may continue to be so registered and occupied while the administrators consider the means of escape in case of fire are sufficient to insure the safety of the inmates. (1) There shall be provided for every floor of a factory above the ground floor a primary and an alternative escape in case of fire. These shall be so constructed and situated as to allow of each escape being readily and safely accessible to and usable by all of the persons who may be accommodated on the different parts of every floor, so that should exit by one escape become obstructed exit by the other shall be instantly available and safely accessible and usable. The primary escape shall, wherever practicable, be an external stairway, any windows in close proximity to which shall have metal frames and sashes and be glazed with wire-rolled plate glass. Wherever it is impracticable to build an external stairway, it shall be an internal stairway completely fire-isolated, situated as far as possible from lifts or other stairways, and having direct communication with the outer air. -The alternative escape shall be either a stairway or some other means of escape satisfactory to the administrators and approved by them. (2) Notwithstanding the provisions of this sub-section, it shall not be compulsory to provide the alternative escape for any building if (a) in the case of a wooden building, not more than twenty persons are employed on the first floor, or (6) in the case of a brick building comprising not more than two floors above the ground floor, the number of persons employed on the floors above the ground floor does not exceed 150. (3) Provided further that for any building situate within the Metropolitan Dis- trict as defined in the Factories and Shops Acts other means of escape which do not comply with all the requirement.' of the above regulation may be accepted if the Engineer of the Municipality and the Chief Officer of the Metropolitan Fire Brigades certify in writing that, in their opinion, full compliance is impracticable, unsuitable, or unnecessary, and that the other means of escape (specified in the certificate) are at least as safe and effective. Stairs and Landings, (e) All stairs and landings shall be constructed of fire-resisting materials with (1) Straight flights with half -space or quarter-space landings at intervals of not more than sixteen nor less than two rises. (2) A securely fixed continuous hand rail on one side at a vertical height of not less than 2 ft. 10 in. above the nosing of the tread, and not less than 3 feet above the landing where the stairway is 3 ft. 4 in." or less in width ; two such continuous handrails (one on each side) where the stairway is over 3 ft. 4 in. in width. Balusters or mid-rails shall be provided to every open side of every unenclosed stairway. (3) A clear headway throughout of not less than 6 ft. 6 in. (4) Steps of uniform dimensions throughout, with strongly secured treads, not less than 10 inches exclusive of nosing, and rises of not more than 7 inches. .- Section 25 133 (5) The underside of stairs lined except where rises are fitted. (6) A landing at each floor of the same width as the stairway with a tire- resisting self-closing door, not less than 6 ft. 6 in. high, of the same .width as the landing, and opening outwards, so as not to obstruct the landing. (7) A width of stairway, not less than 2 ft. 8 in., where not more than 25 persons are employed ; 3 ft. 4 in. where more than 25 persons and not more than 100 persons are employed. Where more than 100 persons are employed the width of stairs shall be increased 20 inches for every extra 100 or fraction of 100 persons. (8) All walls and partitions enclosing any staircase shall be of fire-resisting material. Fire isolated stairways shall be enclosed by brick or stone walls, not less than 9 inches thick, or by reinforced concrete walls, not less than 4 inches thick. Fire Extinction. (/) The following or other appliances if approved of as equally effective by the Sections 25 administrators shall be provided :() Iron pipes, not less than 1 inches in and 26 - diameter, conducting water from a street water main to within the building, with taps with 2| inches outlet, fitted with Fire Brigade standard hose cocks and hoses of the same dimensions and of such numbers and in such positions as may be approved by the administrators ; (6) fire buckets in such proportion as the administrators may direct, and being not less than one bucket to every 400 square feet of floor area up to sixteen hundred (1,600) square feet of floor space, such buckets to be ., ^ kept filled with clean water and ready for instant use and placed in proper stands where directed, or in lieu of fire buckets, effective chemical fire extinguishers, each of which, having a fluid capacity of 3 gallons, shall be reckoned as equivalent tp four buckets. If by reason of any special circumstances of the case any of these provisions is, in the opinion of the administrators,unnecessary or unsuitable for any particular building or place, the administrators may approve of such building or place without such provision or provisions being carried out. Egress. (g) The amount of egress space from the ground floor which shall be provided Section 25. for any factory occupied by not more than 25 persons shall not be less than 2 ft. 8 in. ; if occupied by more than 25 persons, but not exceeding 100 persons, it shall be not less than 3 ft. 4 in. ; if occupied by a greater number of persons the egress space shall be increased at the rate of 20 inches for every additional 100 persons or pro- portion thereof. Where the amount of egress space required on the ground floor exceeds five (5) feet, at least two separate doorways, placed as far apart as practicable, shall be provided. No doorway or gateway shall be less than 2 ft. 8 in. wide and 6 ft. 6 in. high in the clear. Internal Approaches to Doorways. (h\ No aisle may be less than 2 ft. 8 in. wide. The aggregate width of aisle or gangways to be at least as wide as the stairways or doorways to which they lead Doors and Gateways. (i) Doors and gates forming exits from a factory shall, if so required by the administrators, be hung to open outwards towards the nearest road, street, or right-of-way, or to open both inwards and outwards. No door or gate shall be hung so as to open immediately on to a flight of steps or to obstruct when open any exit. 131 No door or gate shall during the whole' time the factory is occupied by employes, excepting the caretaker or watthman, be secured with fastenings other than such as will allow such door or gate to be readily opened from the inside without a key. No door or gate across a passage shall have any other fastening ^xcept such as will allow the door to be readily opened from each side without a key. Knobs and handles of all bolts and locks must be firmly secured. Heating Appliances. Section 24 (J) Means and appliances for efficiently warming the factory shall be provided when such means and appliances are considered necessary by the administrators. Except in the case of an electric heater, every heating appliance in every work- room, whether used for the warming of such room or in connexion with the work carried on therein, shall be provided with a flue at least four (4) inches in diameter, and extending^'to the outer air to a point at least eight (8) feet above the appliance. Lavatories. (k) The factory shall be provided with properly-appointed lavatories, affording the means of free ablution for the females employed therein, in the proportion of at least one lavatory or basin for every twenty females employed. When considered necessary by the administrators, properly-appointed lavatories, sufficient in number to provide the means of free ablution for the males employed, may also be ordered in any factory in the proportion of at least one lavatory or basin for every twenty males employed. Sanitary Accommodation. Section 25. (I) The factory shall be provided with proper closet accommodation in the proportion of one closet for every twenty persons or fraction of twenty persons employed therein ; and where persons of different sexes are employed all such accommodation shall be separate for the sexes, and approaches thereof properly separated for the sexes shall be provided. Adequate urinal accommodation shall be provided for every factory in which four or more males are to be employed, and separate and distinct urinal accommodation for the use of the females may be ordered for every factory in which more than twenty females are to be employed : Provided that in factories in which the majority of those employed are to be of one sex, and not more than two are to be of the other sex, separate and distinct closet accommodation for the persons of different sexes shall not be required if, in the opinion of the administrators, the same is suitably provided in adjoining or adjacent premises : Provided that if the closets and urinals are connected with a sewerage system the following scale may be adopted in lieu of that given above : Number of Males. 1- 20 21- 45 46- 70 71-100 SCALE. Closets for Males. And one additional closet for every additional 30 male employes. Number of Closetg. 1 2 '.'. 3 4 Where closet seat is fixed lifts Urinals for Males. A umber of Males. 4- 45 10- 45 46-100 101-150 151-200 Number of Urinals. .. 1 1 2 3 4 And one additional urinal for every additional 70 male employes. 135 Closets for Females. Number of Females. lumber of Closets. 1-20 .. .. .. .. .. .. 1 21-40 . . . . . . . . . . 2 41-60 . . . . . . . . . . . . 3 61-80 . . . . . . . . . . 4 81-100 .. .. .. .. ..5 And for additional numbers over 100, one closet for every 25 females up to 200, and thence one for every 30 females. Dressing-room for Females. (m) If in any factory any manufacture is to be carried on of such a nature as to necessitate the females employed changing their dresses on entering or on leaving such factory, then such factory shall not be approved unless it be provided with a suitable and adequate dressing-room for the use of the females employed therein. MATERIALS AND CONSTRUCTION OF CERTAIN FACTORIES. 6. The following rules respecting the materials and the construction of factory buildings are to be observed as far as possible : Cl.188 A. Buildings for ham and bacon curing, fish-curing, meat- preserving, jam- making, fruit- preserving, and dairy- produce manufacturing, and simi- lar trades. The ceiling or roof to be not less than 12 feet in height : walls to be painted, plastered with smooth cement, or covered with other impervious material at least 6 feet in height above floor level, so as to be easily washed and cleaned. The ground floors to be imperviously paved, and all floors laid so as to drain into paved channels ; the latter to be intercepted by deodorizing tanks when required by the administrators. All yards to be either gravelled or paved, as may be required by the administrators, and well drainer 1 . Class B. Buildings to be used as bakehouses or butchers' small-goods houses. The ceiling or wall-plates to be not less than 12 feet in height. The roof of the bakehouse and of the small-goods house to be lined if no ceili.,g has been provided. Bakehouses to be provided with floors or to be imperviously paved. Small-goods houses to be imperviously paved and laid so as to drain into paved channels. All yards to be either gravelled or paved and well drained. No part of a manure receptacle, closet, or urinal to be within 12 feet of any building or room in which the making of bread or of small-goods is earned on. No building or room in which the making of bread or of small goods is carried on shall have any communication with any stable. Class C. Buildings for fellmongery, leather-dressing, tanning, parchment-making, and similar trades. The ground floors to be imperviously paved, and laid to drain into paved channels intercepted by deodorizing tanks. All yards to be gravelled or paved and well drained. Class D. Buildings for soap and candle works, glue- making, bone and carcass boiling- down, bone-crushing, manufacture of artificial manures, and similar trades. flection 125. Form and Fee. The roofs or ceilings to be iiot less than 15 feet in height. The floors to be imperviously paved, and properly graded to drain to impervious drains discharging to adequate intercepting deodorant catchpits. Close boilers or covered vats only are to be used, from which pipes are to be fixed to convey the vapours and fumes through an effective condensing ' and deodorizing apparatus. Class E. . {^,.. Buildings for antimony works, smelting works of any kind, works for treat- ment of pyrites, ammonia and other similar works. Buildings for works included in this class to be provided with suitable con- densing apparatus, so as to render the fumes innocuous. All ground floors imperviously paved and laid so as to drain to channels intercepted by deodorizing tanks. All yards to be gravelled or paved and well drained. Class F. Marine stores. The yards and floors of the buildings imperviously paved and laid so as to drain into paved channels. Rooms in which Females Work. No room to be used by females shall be approved if the roof of such room be of iron, and at a shorter distance than 20 feet above the floor, unless the said room be ceiled or the roof be lined. CHAPTER II. REGISTRATION OF SHOPS. 1. The registration of any place as a shop shall be effected by forwarding to the Chief Inspector of Factories, Spring-street, Melbourne, full particulars of such place, and of the persons employed therein, including the carters, together with the proper fee for registration, in the following form : REGISTRATION OF SHOP. Names in full of Occupier or Occupiers Kind of Shop Trading Name (if any) Street Number and Locality (in full) Description of Shop Building (viz., Material of Building, Number of Rooms, &c.) Shop has been Occupied previously by The 'Number of Shop Employes, including Carters, &c., is [Owners, Occupiers, or partners, or their sons or daughters, are employes if they do any of the work of the shop.J The Registration Fee of : s. Signature of Occupier or Partner The Chief Inspector of Factories, Spring-street, Melbourne. Males. Females. Total. d. is forwarded herewith. Date 137 DIRECTIONS. *' Shop " means any building or portion of a building or place or any stall, tent, vehicle, or pack in which goods are exposed or offered for sale by retail, and includes any rooms of hairdressers or barbers and boot repairers' shops, and the rooms of dyers and clothes cleaners commonly known as dyers' shops and clothes cleaners' shops. Act 2650 s. 3. It is the duty of every occupier of a shop to register at the office of the Chief Inspector of Factories, Spring-street, Melbourne, by posting or delivering a form properly filled up, with the proper fee. No notice, written or verbal, will bo given, but occupiers unregistered fourteen days after 1st March in each year are liable to prosecution. (Penalty 10.) Whenever a shop is transferred to a new occupier or to other premises a fresh registration must be made and a fresh fee paid. Registration Forms are obtainable from the Chief Inspector of Factories. Spring- street, Melbourne, or any Inspector of Factories in the country, or at any Police Station. The fee should be paid in the form of cash, cheques (without exchange), money orders, or postal notes. Postage stamps will not be accepted. The fees for registration or renewal registration are Every shop in which more than sixty persons are employed Three pounds and three shillings per annum. Every shop in which more than thirty and not more than sixty persons are employed Two pounds and two shillings per annum. Every shop in which more than ten and not more than thirty persons are employed One pound and one shilling per annum. Every shop in which more than six and not more than ten persons are employed Ten shillings per annum. Every other shop Two shillings and sixpence per annum. HJBetween the 1st September and the last day of February following half fees ar' payable on shops first occupied during that period. The back hereof should be carefully filled in and declared to before this form is sent on with the registration fee. List of all Shop Employees (including Carters, Clerks, Packers, and others working Section 126. in connexion with the shop) employed during the week immediately previous to the date this form is filled up. (Employes should be grouped as far as possible according to the Determination under which they are paid.) Name of Employ 6 Description of Work. (Apprentices should be clearly indicated.) No. of Hours Worked during the Week. AMOUNT OF WEEK'S EARNINGS. WAGES. Males. Females. Under 21 yrs. 21 yrs. and over Under 21 yrs. 21 yrs. and ever S. d. s. d. s. d. 8. d. DECLARATION. I, of the person registering, do hereby declare that the above is a full and complete list of all persons (including Carters, Clerks, Packers, and others working in con- nexion with the shop) employed during the week ended day of 19 , in the shop referred to on the other side hereof, and that it is true and correct in every particular. Dated the day of 191 Signature 138 Certificate of Registration. 2. The Chief Inspector of Factories shall for every shop registered by him issue a certificate. No Request for Registration to be Made. 3. It shall be the duty of every person or body of persons in occupation of any shop to procure forms and apply for registration of the shop as aforesaid without any reminder or demand therefor having been made. Exits and Stairways. Sections 113 4. Every shop erected after the 1st January, 1915, and every shop which the Chief Inspector of Factories considers should be so provided, shall be provided with exits and stairways on the following scales : (a) Exits and Stairways required for Retail Shops used for the sale of Drapery, Millinery, and Fancy Goods, or any other class of goods combined with Drapery, Millinery, and Fancy Goods. 242. Area of each Floor in Square Feet. Number and Width of Stairs and Exits. Total width of Stairs and Exits. Up to 600 .. 1 2ft. Sin. 2ft. Sin. More than 600 and/ 2 2ft. Sin. or . . 5ft. 4in. not more than 1 ,000 \ 1 2ft. Sin. if fire isolated 2ft. Sin. More than 1,000 and not more than 2,000 2 3ft. 4in. ^ . . 6ft. Sin. More than 2,000 and f 1 5ft. Oin. \ I not more than 4,000 ( 1 3ft. 4in. J One stair to be fire isolated . . / 8ft. 4in. More than 4,000 and not more than 6,000 2 5ft. Oin. .. .. .. 10ft. Oin. More than 6,000 and t 2 5ft. Oin. . 1 13ft. 4in. not more than 8,000 ( 1 3ft. 4in. .. .. * . i More than 8,000 and not more than 10,000 3 5ft. Oin. 15ft. Oin. More than 10,000 and f not more than \ 2 5ft. Oin. 2 3ft. 4in. One 5ft. Oin. stair to be fire isolated 1 16ft Sin. 12,000 . . More than 12,000 and ( 3 5ft. Oin. . . ^1 not more than \ 1 3ft. 4in. .. .. 18ft. 4in. 14,000 . . J More than 14,000 and not more than 16,000 .. 4 5ft. Oin. 20ft. Oin. More than 16,000 and ( 4 5ft. Oin. j ) not more than > 1 3ft. 4in. > Two stairs to be fire isolated . . [23ft 4in. 18,000 . . 1 I More than 18,000 and Hot more than 20,000 5 5ft. Oin. .. . . .. .. 25ft. Oin. More than 20,000 and r 4 5ft. Oin. ) not more than { 2 3ft. 4in. Two 5ft." Oin. stairs to be fire >26ft. Sin. 22,500 . . > isolated ) More than 22,500 and not more than 25,000 6 5ft. Oin., . . . . . . 30ft. Oin. 13 1 J (6) Exits and Stairways required for Retail Shops other than those used for the sale of Drapery, Millinery, or Fancy Goods. Area of each Floor in Square Feet. Number and Width of Stairs and Exits. Total width of Stain and Exits. Up to 600 .. 1 2ft. Sin. 2ft. Sin. More than 600 and| not more than 1,000 \ 2 2ft. Sin. or . . 1 2ft. Sin. if fire isolated 5ft. 4in. 2ft. Sin. More than 1,000 and / not more than 2,000 t 1 2ft. Sin. 1 3ft. 4in. 1 J6ft. Oin. More than 2,000 and not more than 4,000 2 3ft. 4in. 6ft. Sin. More than 4,000 and f not more than 6,000 \ 1 5ft. Oin. 1 3ft. 4in. J 8ft. 4in. More than 6,000 and not more than 8,000 2 5ft. Oin. 10ft. Oin. More than 8,000 and / not more than-! 10,000 . . 2 5ft. Oin.\ 1 3ft. 4in. }l3ft. 4in. More than 10,000 and not more than 12,000 .. 3 5ft. Oin. 15ft. Oin. More than 12,000 and , not more than J 14,000 .. 2 5ft. Oin. 2 3ft. 4in. One 5ft. Oin. stair to be fire isolated .. J16ft. Sin. More than 14,000 and ( not more than \ 16,000 . . 3 5ft. Oin. 1 3ft. 4in. jlSft. 4in. More than 16,000 and not more than 18,000 .. 4 5ft. Oin. 20ft. Oin. More than 18,000 and , not more than { 20,000 . . 4 5ft. Oin. 1 3ft. 4in. ITwo stairs to be fire isolated . . 23ft. 4in. More than 20,000 and not more than 22,500 More than 22,500 and / not more than ] 25,000 .. 5 5ft. Oin. N .. "'.I."" S-'^JNi 2 3f t. 4in. 1 . . 4 5ft. Oin. (Two 5ft. Oin. stairs to be fire iso- ) lated . 25ft. Oin. j^6ft. Sin, 140 The width of stairs in the scales (a) and (6) from the third to the sixth floors may be reduced to the width required for the next smaller area, and from the sixth floor upwards may be again reduced to the next succeeding smaller area provided that no stairs shall be reduced to a less width than 3 ft. 4 in. except for floor areas 1,000 sq. feet or less. Stairs shall be as far apart as is practicable from each other and situate as far as practicable from lift elevators or windows and lead direct to exits. If it be considered by the Chief Inspector of Factories impractic- able to provide the number of stairs required in Tables (a) or (6) a smaller number of stairs may be accepted provided they give an equivalent width of exit. The position of every exit and stairway shall be indicated by the words " Fire escape " printed in large letters, and so placed as to be as far as possible visible from every part of the shop. Construction of Stairs and Landings. All stairs and landings shall be constructed of fire-resisting materials with (1) Straight flights with half -space or quarter-space landings at intervals of not more than sixteen nor less than two rises. (2) A securely fixed continuous handrail on one side at a vertical height of not less than 2 ft. 10 in. above the nosing of the tread, and not less than 3 feet above the landing where the stairway is 3 ft. 4 in. or less in width ; two such continuous handrails (one on each side) where the stairway is over 3 ft. 4 in. in width. Balusters or midrails shall be provided to every open side of every unenclosed stairway. (3) A clear headway throughout of not less than 6 ft. 6 in. (4) Steps of uniform dimensions throughout, with strongly secured treads, not less than 10 inches exclusive of nosing, and rises of not more than 7 inches. (5) The underside of stairs lined except where rises are fitted. (6) A landing at each floor of the same width as the stairway with a fire- resisting self-closing door, not less than 6 ft. 6 in. high, of the same width as the landing, and opening outwards, so as not to obstruct the landing. (7) All walls and partitions enclosing any staircase shall be of fire-resisting material. Fire isolated stairways shall be enclosed by brick or stone walls, not less than 9 inches thick, or by reinforced concrete walls, not less than 4 inches thick. Doors and Gates. 5. Doors and gates forming exits from a shop shall, if so required by the Chief Inspector of Factories, be hung to open outwards towards the nearest road, street, or right-of-way, or to open both inwards and outwards. No door or gate shall be hung so as to open immediately on to a flight of steps, or to obstruct when open any exit. No door or gate shall during the whole time the shop is occupied by the public or by employes, excepting the caretaker or watchman, be secured with fas- tenings other than such as will allow such door or gate to be readily opened from the inside without a key. No door or gate across a passage shall have any other fastening except such as will allow the door to be readily opened from each side without a key. Knobs and handles of all bolts and locks must be firmly secured. Internal Approaches to Doorways. 6. No aisle shall be less than 2 ft. 8 in. wide. The aggregate width of aisles or gangways to be at least as wide as the doorways to which they lead. 141 Fire Extinction. 7. The following or other appliances if approved of as equally effective by he Chief Inspector of Factories shall be provided t (a) Iron pipes, not less than 1 inches in diameter, conducting water from a street water main to within the building, with taps with 2 inches outlets, fitted with Fire Brigade standard hose cocks, and hoses of the same dimensions and of such numbers and in such positions as may be approved by the Chief Inspector of Factories ; (6) fire buckets in such proportion as the Chief Inspector of Factories may direct, and being not less than one bucket to every 400 square feet of floor area up to sixteen hundred (1,600) square feet of floor space, such buckets to be kept filled with clean water and ready for instant use and placed in proper stands where directed, or in lieu of fire buckets, effective chemical fire extinguishers, each of which, having a fluid capacity of 3 gallons, shall be reckoned as equivalent to four buckets. If by reason of any special circumstances of the case any of these provisions is, in the opinion of the Chief Inspector of Factories, unnecessary or unsuitable for any particular building or place, the Chief Inspector of Factories may approve of such building or place without such provision or provisions being carried out. Ventilation. 8. Every shop erected after the 1st day of January, 1915,- and every shop which the Chief Inspector of Factories considers should be so provided shall be provided with means for ventilation on the following scale : (a) Ventilation shall be in all cases natural except where mechanical ventilation is the only system practicable. (6) If the ventilation is natural, there shall be in each room an area of windows, capable of being opened equal to at least one-twentieth of the floor area, (c) If the ventilation is mechanical, it shall be so constructed as to secure that the whole of the air contained in each room shall be changed at least four times in each hour. Proper means of outlet ventilation shall be provided for all stairwells. Sanitary Accommodation. 9. Every building used as a shop shall be provided with proper closet accommoda- section 112. tion in the proportion of one closet at least for every twenty persons or fraction of twenty persons employed therein ; and where persons of different sexes . are employed all such accommodation shall be separate for the sexes and approaches thereto properly separated for the sexes shall be provided. Adequate urinal accommodation shall be provided for every shop in which four or more males are to be employed, and separate and distinct urinal accommodation for the use of the females employed may be ordered where more than twenty females are to be employed. Provided that where the majority of those employed are to be of one sex, and not more than two are to be of the other sex, separate and distinct privy accommodation for the persons of different sexes shall not be required if in the opinion of the Chief Inspector of Factories the same is suitably provided in adjoining or adjacent premises. Provided that if the privies and urinals are con- nected with sewerage system the following scale may be adopted in lieu of that given above : SCALE. Closets for Males. Number of Males. Number of Closets. 1-20 . . . . -~^ . . *-..-,...... . . 1 21-45 . . . . . . . . . . . . 2 46-70 . . . . . . . . . . 3 71-100 ,. .. .. .. .. .. .4 And one additional closet for every additional 30 male employes. 142 Urinals for Males. Number of Males. Where closet seat is fixed 4- 45 lifts 10- 45 46-100 101-150 151-200 Number of Urines- - .. 1 .. 1 2 .. 3 4 And one addtional urinal for every additional 70 male employes. Closets for Females. Number of Females. 1- 20 21- 40 41- 60 61- 80 81-100 Number of Closets. . '^' 1 .. 2 .. 3 4 5 And for additional numbers over 100, one closet for every 25 females up to 20G and thence one for every 30 females. CHAPTER III. W4 3ES BOABDS. 137 (5 ). 1. The Chief Inspector shall prepare rolls of electors, none of whom shall lr under eighteen years of age, in the following forms, and each employer and eae employe shall have one vote. Employers 1 Rolls. 2. The employers' rolls shall be prepared either from the records in the Factorie Office, or from the lists forwarded by employers. ELECTORS' ROLL FOR BOARD. (1) ROLL OF EMPLOYERS. Number on Boll. Surname. Christian Names in full. Address. Number. Street. Place. . Employes' Rolls. 3. The roll of electors for employes shall in all cases be prepared from pecially obtained from employers. 143 ELECTORS' ROLL FOR BOARD. (ll) ROLL OF EMPLOYES. Number on Roll. Surname. Christian Names in full. Address. Number. Street. Place. (ers to Forward Lists. 4. Every employer (whenever by notice in writing required by the Chief Inspector so to do) shall forward a list of persons employed by him in the following form : LIST FOR EMPLOYES ELECTORS' ROLL OF ALL PERSONS OF EIGHTEEN YEARS OF AQE AND UPWARDS EMPLOYED BY Name of Occupier or Firm Address Nature of Process, Trade, Business or Occupation carried on Name of Person employed. Indicate opposite each Name whether Employ^ is Address- Kind of Work done by each Ernploy6. Surname. Christian Name in full. A Male. A Female. Number. Street. Place. I certify that the above is a true and correct list of all the persons of eighteen years of age and upwards employed, at the date of forwarding this list, as described above. Signature of Occupier or Manager Enrolling Employes. 5. Every employe, not under eighteen years of age, whose name has been omitted, and who will be affected by the Board to be appointed, who produces evidence to the satisfaction of the Chief Inspector that his ordinary occupation when at work is employment in the process, trade, business, or occupation in regard to which the lowest prices or fates of payment are to be determined by the Board shall be enrolled as an elector of representatives of employes on such wages board. Notice. 6. The Chief Inspector shall notify every employer and employe enrolled for the purposes of a wages board that his name has been duly enrolled. 144 Appeal. 7. If the Chief Inspector fail, neglect, or refuse to enter any person's name on th electors' roll, such person may appeal to the Minister, who may direct the Chief Inspector to enter such person's name as an elector on the roll, or may dismiss the appeal, and such decision shall be final. 8. No person shall be entitled to be enrolled both as an elector of representatives of employers and as an elector of representatives of employes. Dates for Election. 9. When an election is necessary and the Rolls of Electors have been prepared the Minister may by notice in the Government Gazette appoint a day on or before which nominations of candidates for election may be received by the Returning Officer, and a day for the election of candidates. 10. The Under- Secretary shall be returning officer for the purposes of the election of any wages board, and he may, by writing under his hand, appoint a substitute to act for him. returning officer, the substitute returning officer, and every clerk employed to count the votes at any election shall, before entering on any of his duties, make and sign before some justice the following declaration : Oath. I, , do solemnly declare that I will faithfully and impartially, according to the best of my skill and judgment, exercise and perform all the powers, authorities, and duties reposed in or required of me by the Regulations under the Factories and Shops Acts, as returning officer (or substitute of the returning officer, or clerk employed in counting the votes) for the election of wages boards. And I do further solemnly promise and declare that I will not, at any sutfh _-... election, attempt to ascertain, save in cases in which I am expressly autho- rized by law so to do, hovr any person has voted ; and that if in the discharge of my said duties at or concerning any such poll, I learn how any person votes, I will not, by word or act, directly or indirectly, divulge or discover the same, save in answer to some question which I am legally bound to answer. Nominations. 12. Every candidate as a representative of employers on any wages board shall be nominated, in writing, by 10 electors, and every candidate as a repre- sentative of employes on any wages board shall be nominated, in writing, by 25 electors, provided that a nomination by not less than one-fifth of the whole number of employers or of employes (as the case may be) on the electors' roll prepared by the Chief Inspector of Factories shall be sufficient. Every such nomi.nation shall contain the written consent of the candidate to his nomination and shall be delivered or posted to the returning officer so as to reach him before four o'clock on the day of nomination. 13. Should the number of persons so nominated for any wages board as repre- sentatives of employers or as representatives of employes not exceed the numbor to be so elected, the returning officer shall report to the Minister that such persons so nominated to the wages board have been duly elected as representatives or mployers or as representatives of employes (as the case may be). 145 Publication of Nominations. 14. Should the number of persons nominated either as representatives of em- ployers or as representatives of employes exceed the number to be elected on any wages board, the returning officer shall publish the names of persons so nominated in the Government Gazette, and a poll shall be taken on the date fixed by the Minister. The poll shall be taken by voting- papers only, and no voting- paper shall be allowed which is received by the returning officer after four o'clock in the afternoon of the day for taking the poll. Roll 15. No additional names shall be added to the roll of electors after the returning officer has published in the Government Gazette the names of persons nominated. Voting Papers. 16. Every voting-paper shall contain the names of each of the candidates for election either as a representative of employers or employes (as the case may be). The Chief Inspector shall cause a voting-paper to be posted at least four days prior to the date of such election to every elector whose name and address are on the roll of electors. 17. Each elector shall strike out on the voting-paper forwarded to him all the names except those of the candidates for whom such elector desires to vote, and shall forthwith return such voting-paper to the returning officer by placing it in a ballot-box at the office of the Chief Inspector of Factories, or by posting it. No voting-paper shall be allowed in which more or fewer names are left uncancelled than the number of persons to be elected. Counting Vote. 18. The returning officer shall, as soon as practicable after the hour fixed for receiving voting-papers, count the votes received, and report to the Minister the election of those candidates, not exceeding the number to be elected, who have received the greatest number of votes. Casting Vote. 19. In case of two or more candidates receiving an equal number of votes, the returning officer shall have a casting vote. 20. In all cases not herein provided for the rules and usages at parliamentary elections shall be followed so far as they may be applicable. MEETINGS OF WAGES BOARDS AND PAYMENT OF MEMBERS. Nomination of Chairman. 21. Every wages board shall meet at the Department of Labour for the purpose Sections 140 of nominating a chairman, and thereafter at such other times and places as may and 242. be arranged by such wages board. Secretary. 22. The Chief Inspector shall direct some officer to act as secretary to each wages board. Minutes. 23. Entries of all proceedings of any wages board shall be kept by the secretary with the names of the members who attend each meeting. Conduct of Meetings. 24. The mode of conducting the business for which any wages board is appointed may be fixed by any such wages board, or may be left to the decision of the chairman. 146 Determination. 25. Every determination shall be communicated to the Minister, in writing, by the chairman of such wages board. 26. After the determination of any wages board has been communicated to the Minister such board shall adjourn sine die, and shall meet again only when convened by the Minister of Labour or by the chairman of such wages board. Fees and Expenses. 27. The chairman and members of boards shall be paid as follows : Three hours attendance or less Chairman, 10s.; member, 5s. Over three hours attendance Chairman, 20s.; member, 10s. Any member residing ten miles or more from Melbourne shall be paid, in ad- dition, train fare from place of residence to Melbourne, and 10s. a day travelling expenses. Provided that members shall not be paid fees, fares, or expenses for more than (a) seven meetings in the first twelve months after the constitution of the Board ; (6) four meetings in any subsequent year. When computing the time occupied in attendance, intervals for meals shall not be counted CHAPTER IV. MEDICAL CERTIFICATES. Factories in which Medical Certificates are required. Stction 24X. 1. Certificate of fitness for employment must be obtained by employes under sixteen years of age working in factories Station 46. ( a ) in which or in connexion with which steam, water, gas, oil, or electric power is used, but such Certificate need not be obtained in factories in which such power is used only to drive sewing machines, or in factories in which dresses, mantles, clothing, white work, underclothing, shirts, or boots and shoes are prepared or manufactured. (6) in which or in connexion with which work is carried on incidental to the following businesses, manufactures, or trades (that is to say) : Aerated Water Works. Iron Mills. Blast Furnaces. Lead and Shot Works. Bleaching and Dyeing Works. Letter-press Printing Works. Bookbinding Works. Manure Works, Bone Mills, Glue Candle, Soap, and Tallow Works. Works, &c. Cigars, Cigarettes, and Tobacco Metal Works (that is to say) : Any Works. works in which the manufacture of Copper Mills. any article of metal is carried out. Die-sinking and Engraving Works. Paint Works. Earthenware Works. Plumbers' Works. Foundries. Tinware Works. Glass and Glass Bottle Works. Varnish Works. Glass Bevelling and Cutting. White Lead Works. Glass Silvering and Staining. Wire Works. (c) in such other cases as the Chief Inspector may by written notice require. 147 Fees to be taken by Certifying Medical Practitioners. 2. The fee for any examination for a certificate for any male person of fourteen to sixteen years of age, or female person of fifteen to sixteen years of age, shall be 2s. 6d., and where a certificate is granted such fee shall include such certificate. The fee must be paid before examination, and will be retained, although no certificate be granted. The fee for any investigation and report required under the Factories and Shops Acts shall be 1 Is. A special fee in the discretion of the Minister may be paid for an investigation and report in any case of exceptional importance and difficulty. No-other fee shall be demanded or taken by any certifying medical practitioner. Examination by Certifying Medical Practitioner. 3. The examination for a certificate must be conducted by the certifying Section 11. medical practitioner in person, and there must be in every case a personal inspection and medical examination. Books to be Supplied to Certifying Medical Practitioners. 4. The Chief Inspector shall from time to time supply each certifying medical Section 4 cS c3 5" 0) 0> Qj O g >> : >-a &fl : S E ! c Pw 2 <3 $6 >>v 3 s. d. s. d. s. d. s. d. s. d. s. . d. DECLARATION I of , do hereby declare that the above is a fall and complete list of aU persons (including working employers and members of their families, and carters, clerks, packers, and others working in connexion with the business) employed during the first week of December, 19 , and that it is true and correct in every particular. Dated the day of ,19 , . Signature (Another form should be obtained if more space required.) Section 23. flection 158 Record of Outwork. 3. The record to be kept by the occupiers of factories, and others who give out work, of the work done outside a factory, and the name and address of every person by whom the same is done, and the prices paid in each instance for the work, shall be in the following form : RECORD UNDER THE FACTORIES AND SHOPS ACTS OF WORK DONE OUTSIDE A FACTORY FOR EACH WEEK DURING THE YEAR 19 IN THE TRADE OF Name of Employer Address This record, to be forwarded to the Chief Inspector of Factories on the 1st of January in each year, or whenever demanded by him. Date. Name. Street. Place. Description of Work. Rate. I certify that the within record is a true and correcc account of the amount and kind of work done for me by the persons named herein, and the prices paid for same during the year ending Signature of Employer Date 19 Record of Fines imposed. 4. The record of all fines levied upon his employes by the occupier of any factory shall be kept in the following form, and a copy of such record shall be forwarded to the Chief Inspector within seven days of the 1st January in each year. RETURN UNDER THE FACTORIES AND SHOPS ACTS OF FINES LEVIED FOR THE YEAR 19 . This return is to be forwarded to the Chief Inspector of Factories on 1st January in each year. Name of Occupier or Firm Address Nature of Work carried on Name of Employe. Date of Fine. Amount of Fine. Particulars. I certify that the above is a true and correct list of the fines levied upon the employes in the factory of at Signature of Occupier or Manager Date 19 . 159 CHAPTER VIII. STAMPING OF FURNITURE. 1 . The Stamp which by the Factories and Shops Acts is directed to be stamped on furniture shall be placed where specified in the following Schedule. Section! 6t and 242. Bedsteads Billiard tables Book- cases Book-cases, revolving Box couches . . Cabinets Chairs with wooden seats Chairs with cane seats . . Chairs, rocking Chairs, platform rockers Chair and couch frames Chest of drawers Chiffoniers Commodes Cupboards .. .. Dinner waggons Duchesse pairs Footstools Hall seats and hall chairs Hall stands Hall tables Kitchen dressers Looking-glasses Lounges Meat safes Office desks Ottomans Overmantels . . Pedestals Pedestal cupboards Schedule. On the underside of foot rail On the top of the cushion rail. (a) With drawers, on the inside of the drawer bottom ; (6) without drawers, on the inside of the carcass back, 24 inches from the bottom. On the under side of the top shelf. On the bottom of the couch, " scroll end." . (a) With drawers, on the inside of the drawer bottom ; (&) without drawers, on the centre of the outside back, 24 inches from the bottom. On the under side of the seat. On the under side of the seat rail. On the under side of the frame. On the under side of an arm rest. On the bottom edge of frame, well outwards, to allow for bottom canvas. On the inside of the second drawer from the bottom of the carcass, on the drawer bottom. On the inside of the drawer bottom. On the under side of tKe top lid, on the right-hand corner. On the inside of the top rail of the door, (a) With drawers, on the inside of the bottom of the right-hand drawer ; (6) without drawers, on the under side of the top shelf, on the right-hand side. On the centre of the right-hand drawer bottom, on the inside. On the bottom of frame. On the under side of the seat. (a) With drawer, on the inside of the drawer bottom ; (6) without drawer, on the outside back, 24 inches from the bottom, (a) With drawer, on the inside of the bottom of the drawer ; (6) without drawer, on the centre of the back rail on the back. On the front of the carcass back, between the bottom and first shelf of the top part ; if without a back on the under side of the top shelf. On the outside of the glass back. On the under side of bottom. On the inside of the top rail of the door, (a) With drawers, on the inside of the bottom of the top drawer ; (6) without drawers, on the outside of the back rail. On the under side of bottom. On the centre of the outside back, 18 inches from the bottom. On the bottom of the pedestal. On the inside of the back, 6 inches above the shelf. 160 Schedule continued. Secretaires . . . . On the inside of a drawer bottom. Sideboards .. - ; ". . On the inside of the bottom of the ri^ht-haml toy) drawer. Sofas, chesterfield . . On the bottom edge of the seat rail. Sofas, colonial . . . . On the outside of back. Sofas, stump . . . . On the under side of frame. Tables .. .h. Kitchen, extension, occasional, gipsy, &c., on the under side of the table top. Towel- rails . . ' Wj- On the bottom edge of the stand. Upholstered suites , ..>. All chair and couch frames finished with upholstered seats to be stamped on the under edge of the seat rail, in such position as not to be covered * by webbing or any other material. Wardrobes ?> .-ii>J 'Hij' On the inside of the carcass back, not less than 30 inches from the top of the carcass. Washstands . . . . On the centre of the back rail on the back. Wall brackets . . On the tinder side of shelf. Whatnots . . . . On the under side of the top shelf. Sections 176 CHAPTER IX. and 242. MODK OF APPEALING TO THE COURT OF INDUSTRIAL APPEALS. 1. Every appeal under the provisions of the Factories and Shops Acts against the determination of a Wages Board shall be instituted by the appellant forward- ing to the Minister of Labour a notice, in writing. 2. The notice shall state the character in which the appellant claims to appear, and when the appeal is by a single employer or group of employers employing not less than 2.5 per centum of the total number of workers shall set out particulars of the numbers of workers employed by each appellant. The notice shall be written in legible characters, and shall clearly and distinctly set forth the grounds of appeal. 3. The notice of appeal shall be signed in a legible manner by each appellant, and the full address and occupation of each appellant shall be given opposite each signature. 4. Such notice shall name some address* for service, not more than 5 miles from the General Post Office, where notices, orders, summonses, documents, and written communications may be left for the appellant or appellants, and all notices, orders, summonses, documents, and written communications served or left at such address shall constitute effective service on the appellant or appellants, if there be more than one. 5. Two copies of the notice of appeal shall be forwarded with the original. 6. The Chief Inspector of Factories, or the Registrar of the Court of Industrial Appeals may allow any employer or employe in the trade affected by ,a determination against which an appeal has been lodged to make a copy of the notice of appeal for the purpose of entering an appearance against such appeal. 7. Any employer or employe in the trade affected by the determination which is the subject of an appeal who desires to be heard by the Court against such appeal, shall, seven days at least before the hearing, notify the Registrar of the Court of Industrial Appeals of such desire, and shall give his full name, his occupation, and address in such notification. 161 8. The Chief Inspector of Factories shall attach to such notice of appeal a list containing the names and addresses of the Members of the Wages Board the Determination of which is the subject of appeal, and also, when necessary, a certificate giving the number of persons employed in the trade affected by such employer or group of employers, arid also the total number of persons employed in such trade as indicated in the Chief Inspector's last Annual Report issued prior to such appeal, or in the case of appeal by the workers in any trade, a certificate giving the number of persons employed in such trade as indicated in the Chief Inspector's last Annual Report. 9. Non-compliance with these regulations shall not prevent the hearing of an appeal or of opposition thereto unless the Court so orders. CHAPTER X. No. 2650. MISCELLANEOUS. Section 195. Oath of Secrecy. No. 3048. 1. The oath of secrecy to be taken by the Secretary for Labour, the Chief Inspector, and the officers of the Department of Labour shall be in the following form : I, the undersigned being* do sincerely promise and swear that I will maintain and aid in maintaining secrecy as to the names and addresses of persons registered as Outworkers pursuant to the provisions of the Factories and Shops Acts, and that I will not divulge to any person whomsoever the name or address of any such regis- tered Outworker except for the purposes of enforcing the provisions of the Factories and Shops Acts. So HELP ME GOD. Sworn before me, at in the State \ of Victoria, this day of in the year of our Lord One thousand nine i hundred and J Justice of the Peace * The Secretary for Labour, the Chief Inspector of Factories, or an officer of the Department of Labour (as the case may be). Choice of Half-Holiday by Tobacconist. No. 3049. 2. The written notice to be served on the Chief Inspector by the occupier of a Section 5. Tobacconist's shop shall be in the following form, and shall be sent to him through the post by registered letter addressed to him at his office in Melbourne. CHOICE OF HALF-HOLIDAY. It is hereby notified to the Chief Inspector of Factories, that with respect to the premises occupied as a Tobacconist's shop at within the Municipal District of that I have chosen that the same shall be closed from* p.m. on Wednesdays We for three months from the 19 (and until further notice). Full Name of Occupier, Firm, or Company Signature Date 19 This notice must be forwarded to the Chief Inspector of Factories by Registered Letter. * 1 or 8, as the case may be. 14850. 6 162 WASHING AND CLEANING OF THE FLOORS, WINDOWS, PRIVIES, AND URINALS OF FACTORIES. 3. The floors and windows of every factory shall, when so required in writing by the Chief Inspector of Factories, be washed with hot water and soap. 4. The seats and floor of every privy used by the employes in any factory shall be thoroughly scrubbed with water and soap once at least every week. 5. Each urinal and the floor adjacent to such urinal shall be thoroughly flushed with water every day. VENTILATION IN WAREHOUSES. 6. Every warehouse erected after the first day of January, 1915, and -every warehouse which the Chief Inspector of Factories consider! should be so fitted shall be ventilated in accordance with the requirements of Clause 8 of Chapter II. SANITARY ACCOMMODATION IN OFFICES, WAREHOUSES, OR BUILDINGS (OTHER THAN FACTORIES OR SHOPS). 7. Every office, warehouse, or building (other than a factory or shop) in which persons are working or employed in any business whatever shall be provided with sanitary accommodation in accordance with the requirements of Clause 9 of Chapter II. FIRST- AID AMBULANCE CHESTS. 8. Every occupier of a factory or shop where steam, electrical, water, or other power driven machinery is running shall at all times keep, for the use of the employees therein, a first-aid ambulance chest in some accessible place upon the premises, such chest to be equipped and supplied with the following articles, namely : Antiseptic solution, one bottle. Bandages, cotton and gauze, 1 dozen assorted sizes. Castor oil, 2 ozs. Iodine, tincture of, 2 ozs. Manual, 1 first-aid. Petrolatum, carbolized, 1 jar. Picric acid solution, 1 pint made according to the following recipe or prescription : li teaspoonfuls of powdered picric acid, 3 ozs. of absolute alcohol, and 2 -pints of distilled water. Pins, safety, 1 packet. Sal volatile, 6 ozs. Scissors, 1 pair. Tourniquet, 1. Tweezers, 1 pair. An adequate assortment of Cotton, absorbent. Gauze, sterilized plain. Lint, absorbent ; and Plaster, adhesive. INDEX. Act. Section. Page. ABATTOIRS, annual holiday for employes 2650 207 103 ABSTRACTS OF ACTS, ETC., to be posted up in factory 2650 22 16 to be posted up in shop 2650 126 64 ACCIDENTS, first-aid appliances to be provided 2650 201 101 Minister may obtain report from expert or medical man 2650 67 37 Minister may direct preventive means 2650 60 34 regulations for dangerous trades may be made 2650 62 35 to be reported 2650 66 37 ADULTS not to board with employer 2650 198 100 AERATED WATERS, beginning and ending hours of persons delivering 2650 127 65 AGE, evidence of 2650 222 110 AGED, SLOW OR INFIRM WORKER, Board may fix rates f or 2650 148 78 may obtain licence from Chief Inspector 2650 202 101 AGREEMENT to work at less than legal rates invalid 2650 225 110 AGRICULTURE, exemption from Acts in the country 2650 9 7 AIR SPACE required for each worker 2650 24 18 AMBULANCE CHEST required if power-driven machinery used 2650 201 101, 162 AMENDMENT OF DETERMINATION not to affect legal proceedings commenced 2650 224 110 ANIMALS (DEAD), removal exempt from daily carting hours 2650 127 65 ANNUAL HOLIDAY, boot repairing 2650 210 105 bread bakers and pastrycooks 2650 203 102 brush making 2650 216 106 butchers in Metropolitan and Geelong Districts 2650 207 103 butchers in Bendigo and Eaglehawk 2650 212 105 carpentering . . 2650 216 106 coach building 2650 216 106 coopering 2650 216 106 cycle traders .. *.,;,* .. 2650 210 105 fish or poultry shops 2650 218 107 fruit and vegetable shops 2650 214 106 furniture 2650 216 106 164 Act. Section. Page. ANNUAL HOLIDAY continued. Governor in Council may substitute a day in lieu of the day fixed by the Act 2650 211 105 grocers and shops in which tea is sold 2650 215 106 hairdressing and shaving saloons (Geelong District) 2650 210 105 hairdressing and shaving saloons (Metropolitan District) 2650 213 106 may be fixed by Governor in Council where no provision is made in the Acts . . 2650 210 104 sawmilling * j . <> 2650 216 106 slaughtermen . . . . 2650 207 103 woodworking trades 2650 216 106 ANNUAL REPORT OF CHIEF INSPECTOR, . . 2650 13(1) 9 general contents 2650 13(4) 9 to inform Parliament of course and conditions of trade 2650 13(2) 9 to be framed so that factory occupier cannot be identified 2650 13(3) 9 APPEALS (see Court of Industrial Appeals.) APPLICATION OF ACTS. bread delivery holidays may be extended to shires 2650 204 (2) 102 carters' daily hours provisions may be extended to boroughs and shires 2650 5 7 not to apply to dairying, agriculture, horticul- ture, viticulture, and pastoral pursuits, in shires, towns, or boroughs outside the metropolitan district 2650 9 7 to apply to all factories and shops 2650 4 7 to lakes and the sea 2650 6 7 APPOINTMENT, certifying medical practitioners 2650 11 8 Chairmen of Wages Boards 2650 140 72 Chief Inspector and Assistant Chief Inspector . . 2650 10 8 Inspectors 2650 10 8 members of Wages Boards . . . . f 2650 138 72 I 2650 139 72 members of Wages Boards to be for three years only 2650 136 (6) 70 President and members of Court of Industrial Appeals 2650 174 (4) 85 Registrar of Court of Industrial Appeals 2650 174 (9) 86 Wages Boards 2650 133 67 APPRENTICE, alteration of Determination not to affect wages stated in indenture 2650 184 93 Board must fix proportion of 2650 182 92 Board must fix wages of . . 2650 182 92 bound before 31st December, 1910, not to count 2650 183 93 165 *' Act. Section. Pag*. APPRENTICE continued. deemed to work for hire ... ,'> 2650 43 29 Determinations not to affect certain apprentices 2650 185 94 experience, how calculated 2650 153 78 guarantee of good behaviour prohibited 2650 193 97 indenture not invalid if no seal attached 2650 186 94 indenture not to be entered into except in form (if any) prescribed by Board 2650 187 94 meaning of 2650 3 3 penalties for not carrying out an indenture . . 2650 188 95 proportion not to be less than 1 to 3 or fraction 2650 182 93 technical education for, Board may approve of 2650 182 (2) 93 to be deemed an improver in certain cases 2650 190 96 when he may be bound for less than three years 2650 189 95 when over 21 years of age 2650 189 96 who becomes over 21 years of age during apprenticeship 2650 189 95 ARREARS due to employes may be ordered by Court in addition to penalty 2650 232 115 employe may recover within twelve months . . 2650 225 110 ASSISTANT CHIEF INSPECTOR, appointment 2650 10(1) 8 duties 2650 10(3) 8 signature, judicial notice of . . 2650 220 (4) 107 to act in absence of Chief Inspector 2650 10(36) 8 AUCTIONEER not to sell new goods after shops closed 2650 110 56 AUSTRALIAN WINE LICENCE, conditions for extension weekly hours 2650 119 59 weekly hours of employes 2650 118 59 weekly holiday or half- holiday . . / 2650 120 59 I 2650 121 60 AUTHORITY of Minister for prosecutions 2650 220 107 AWARD (see Determination of Wages Boards.) BAKEHOUSE, limewashing of 2650 31 21 provision regarding sleeping accommodation . 2650 33 22 BAKERS, carters' monthly holidays 2650 204 102 hours of closing shop (Metropolitan District) ( 2650 77 41 \ 2650 83 44 yearly holiday 2650 203 102 BARBER (see Hairdressers and Barbers.) BATH-ROOM Minister may require it to be provided 2650 35(4) 24 166 Act. Section. Page. BAZAARS, if for charity, suspension of shops provisions 2650 107 55 BEDROOM in bakehouse building 2650 33 22 BENZINE, sale not forbidden after hours in some cases . . 2650 111 56 BICYCLE SHOPS annual holiday (Metropolitan District) 2650 210 105 closing hours . . . . . . / 2650 77 41 I 2650 83 44 BILLIARDMARKERS, conditions for extension of weekly hours 2650 119 59 weekly hours 2650 118 59 weekly holiday or half-holiday . . / 2650 120 59 I 2650 121 60 BIRD AND DOG DEALERS, / 2650 77 41 shop closing hours . . . . \ 2650 83 44 BOARD AND LODGING, cannot be given as payment for work 2650 170 83 may be considered by the Hotel Employes Board in fixing remuneration of employes 2650 164 81 occupiers of factories and shops not to charge for 2650 198 100 permission may be granted to board emplov6s 2650 198 100 BOARDS (see Wages Boards.) BOARD OF EXAMINERS (ENGINE-DRIVERS), powers of 2650 51 31 BOARD OF PUBLIC HEALTH may recommend certifying medical practitioners for appointment 2650 11 8 BOILER ATTENDANTS (see Fees), certificate not required on farms, &c. 2650 56 33 examinations 2650 51(3) 32 misconduct of 2650 54 32 overtime rates when employed on Sunday . . 2650 58 34 powers of Wages Boards for . . / 2650 158 79 \ 2650 159 80 to hold certificates . . . . f/ iu 2650 50 31 BOILERS (STEAM) may be exempted in certain cases 2650 57 33 BONUS OR PREMIUM not legal in certain trades 2650 191 96 not to be taken bv shopkeepers 2650 192 96 BOOKSELLERS AND NEWS AGENTS' SHOPS, conditions for extension of weekly hours 2650 119 59 daily closing provisions . . . . / 2650 84 44 I 2650 97 49 weekly hours of employes 2650 118 59 weekly holiday or half -holiday . . f 2650 120 59 \ 2650 121 60 167 Act. Section. Page. BOOT REPAIR SHOPS * annual holiday 2650 210 105 classed as shops 2650 3 6 hours for closing (Metropolitan District) ( 2650 77 41 \ 2650 83 44 BOROUGHS, application of Acts to 2650 6 7 BOYS (under sixteen years of age) not to work as typesetter after certain hours 2650 42 28 working hours limited in factories 2650 37 24 BREACHES OF ACT, ETC. (see Offences). BREAD, delivery on monthly holidays except by retail over counter an offence 2650 204(4) 102 places where bread is made or baked for sale must be registered 2650 3 5 two holidays per month for persons delivering 2650 204 102 Wages Board may fix rates to vary according to the hour of the day or night when the work is done 3048 12 75 yearly holidav for bakers 2650 203 102 BRICKYARD, certain clay- pits and quarries are factories 2650 3 5 minimum age of female employes 2650 39(3) 28 BRUSHMAKERS, annual holiday 2650 216 106 BUILDINGS, groups deemed one factory 2650 3 5 regulations re factories . . . . 128 regulations re shops . . 136 when deemed to be shops 2650 *3 6 BUTCHERS, annual holiday Metropolitan & Geelong Districts annual holiday in Bendigo and Eaglehawk . . 2650 2650 207 212 103 105 bones and meat refuse from butchers' shops are exempt from daily carting hours 2650 127 65 delivery of meat prohibited on Sunday 2650 208 103 hours for closing in Metropolitan District 2650 86 46 hours for closing (outside Metropolitan District) shops exemption from Saturday half-holiday . . 2650 2650 98 77 50 41 BY-LAWS, of no force if inconsistent with a regulation / 2650 101 52 made by Governor in Council . . \ 2650 102 53 re shops, hours may be made by Councils 2650 116 58 validity can only be decided by Supreme Court . . 2650 244 120 CAB DRIVERS are exempt from daily carting hours 2650 127 64 168 Act. Section. Page. CANCELLATION OF REGISTRATION OF FAC- TORY for working after hours 2650 38 26 where employer convicted three times for breach of Determination 2650 226(2) 112 where unsafe or unhealthy 2650 25 18 CARPENTERS, annual holiday 2650 216 106 CARPET PLANNERS OR LAYERS, rates may be fixed bv Furniture Board 2650 156 79 CARTERS AND CARRIERS, all work done to be counted . . f.." 2650 129 66 application of Acts and power to extend to 2650 5 7 Board may fix rates for stable employes 2650 160 80 carting from outside city, town, or borough . . 2650 128 65 exemption from shop working- hours' limitation 2650 114 57 hours and half -holiday, how fixed 2650 129 66 hours of beginning and ending work daily 2650 127 64 hours of beginning and ending work not to apply in certain cases 2650 127 64 improver in shopkeeper's business not to work more than 26 hours per week carting 2650 131 67 overtime and tea money when weekly hours exceeded 2650 132 67 permit to work outside daily hours fixed 2650 127 (3) 65 rate of pay for working outside daily hours 2650 127 (3) 65 regulations giving weekly hours and half-holiday 2650 129 66 time book to be kept 2650 130 66, 154 CASUAL WORK, Boards may define 2650 141 (l/>) 74 definition of 2650 141 (4) 76 CATERERS, conditions for extension of weekly hours 2650 119 59 weekly hours of employes 2650 118 59 week'y holiday or half- holiday . . C 2650 120 59 \ 2650 121 60 CAVILLING, Coal Miners' Board may make rules regulating . . CERTIFICATE OF APPOINTMENT, 2650 157 79 Inspector to be furnished with 2650 21 15 penalty for forging inspector's certificate 2650 21 15 CERTIFICATES OF COMPETENCY for boiler attendants . Regulations 151 for engine-drivers 2650 51 31 holder may be disqualified 2650 54 32 if lost, conv mav be issued Regulations 153 CERTIFICATE OF EMPLOYMENT for improvers 2650 194 98 169 Act. Section. Page. CERTIFICATE OF FITNESS for persons under sixteen years of age 2650 46 29 may be annulled by Inspector 2650 47 30 CERTIFICATE OF MUNICIPAL CLERK, re petition from Geelong shopkeepers 2650 102 53 re petition from shopkeepers outside Metro- C 2650 97 49 politan District 2650 100 52 ( 2650 101 52 re petition from Fourth Schedule shopkeepers (Metropolitan District) 2650 84 44 re petition for regulation of meat delivery 2650 206 103 CERTIFICATE OF REGISTRATION not to be issued until factory approved 2650 15 11 to be issued to factory occupier 2650 14 11 shops 2650 125 62 CERTIFICATES OF SERVICE for boiler attendants . . Regulations 152 for engine-drivers 2650 2650 51 52 31,148 32 holder may be disqualified 2650 54 32 if lost, copy may be issued Regulations . . . . 153 not to be granted unless Governor in Council authorizes 2650 53 32 CERTIFYING MEDICAL PRACTITIONER, appointment and removal of 2650 11 8 duties 2650 46 29 fees to be charged . . Regulations 147 in what cases a certificate is necessary 2650 46 29 name to be posted in factory 2650 22(2) 16 public vaccinator to act in certain cases 2650 11 8 CHAIRMAN OF WAGES BOARD, how elected and appointed 2650 140 72 may administer an oath 2650 151 78 may call Board together . . Regulations 146 to be deemed a member of Board 2650 136 (6) 70 CHARITABLE PURPOSES, exemption of laundries 2650 3 6 shops provisions may be suspended for CHEMISTS, 2650 107 55 closing provisions (Metropolitan District) 2650 2650 77 83 41 44 exemption as to receiving bonus or premium from employe 2650 192 96 CHIEF INSPECTOR, Annual Report to be prepared by 2650 13 9 appointment of 2650 10(1) 8 copy of notice te defective factory to be for- '" warded to municipal council by . . 2650 25 (2) 19 electors to be notified of inclusion of name on roll of Wages Board electors by Regulation? 143 170 Act. Section. Page. CHIEF INSPECTOR continued. employer may be allowed to board employe by 2650 198 100 factories to be registered by 2650 14 10 licences to old, slow, or infirm workers may be granted by 2650 202 101 meaning of 2650 3 4 notice to be forwarded to occupier of factory in unsatisfactory state by 2650 25(1) 18 office assigned to him in Melbourne 2650 10(2) 8 permission to work caterers' employes overtime may be granted by 2650 119 59 permission to work Fourth Schedule shop employes overtime may be granted by . . 2650 119 59 permission to work hotel employes overtime may be granted by 2650 119 59 permit for carting after hours may be granted by 2650 127 (3) 65 permit to female over fourteen to work in factory may be granted by 2650 36 24 petitions for annual holidays to be certified to by 2650 210 104 petitions for alteration of annual holiday to be certified to by 2650 211 105 f 2650 25 18 power to cancel registration of factory < 2650 38(2) 26 I 2650 226 112 power to condemn factory 2650 25 18 removal of 2650 10(1) 8 rolls for Wages Board elections to be prepared by 2650 137 (3) 71 shops to be registered by . . 2650 125 62 small shops to be registered by 2650 90 47 signature, judicial notice of 2650 220 (4) 107 to cause voting papers to be posted to electors of Wages Boards Regulation* 145 (see also Secretary for Labour) CHILD, meaning of < .... 2650 3 4 not to work in factory 2650 36 24 of employer not affected by Determination . . 2650 166 82 parent o{ child liable in certain cases 2650 234 116 permission to work in factory may be given . . 2650 36 24 restriction as to employment under certain ages in some trades 2650 39 27 CHINESE, furniture made bv Chinese to be stamped \ 2650 70(4) 38 1 2650 73(2) 39 permitting a person to work defined 2650 38 27 places where one or more Chinese are work- / 2650 3 5 ing must be registered . . \ 2650 14 10 working hours limited where Chinese employed 2650 38 26 171 Act. Section. Pago. CHRISTMAS DAY, shop may be kept open one hour later on last day it is open before 3048 8 43 CLAY-PIT is a factory in some cases 2650 3 5 CLEANING MACHINERY while in motion, restriction of 2650 63 36 CLOSETS, ( 134 accommodation required Regulations \ m 141 \ 162 CLOSING OF SHOPS, choice of half-holiday (Metropolitan District). . 3048 5 47 closing hour if shopkeeper has more than one shop 3048 5 47 closing hour before Good Friday or Christmas 3048 8 43 effect of closing shop for public holiday (out- side Metropolitan District) 2650 96 49 ' 2650 83 44 effect of closing shop for public holidayj (Metropolitan District). . 2650 2650 2650 85 86 8.7 45 46 46 ' 3048 5 47 2650 77 41 2650 83 44 2650 84 44 hours (Metropolitan District) 2650 2650 85 86 45 46 2650 87 46 2650 93 48 3048 5 46 | 2650 96 48 hours outside Metropolitan District . . 2650 98 50 I 2650 99 61 when shop not closed 2650 222 (k) 109 where various classes of goods are sold 2650 105 64 CLOTHING BOARD, rates for repairs may be fixed 2650 152 78 special provision re employers' representatives 2650 162 81 CLUBS, weekly hours of employees 2650 118 69 weekly hours (employ6s) extension conditions 2650 119 59 weekly holiday or half-holiday of employes / 2650 120 59 i 2650 121 60 COACHBUILDERS, ' annual holiday 2650 216 106 COAL GAS, places where made must be registered / 2650 3 5 I 2650 14 10 COAL MINERS' BOARD may make rules regulating cavilling 2650 157 79 172 *; ,'; Act. Section. Page. COMPENSATION to persons injured by machinery. 2650 231 114 CONFECTIONERY AND PASTRY SHOP, closing provisions (Metropolitan District) / 2650 77 41 I 2650 *84 44 weekly hours of employes 2650 118 59 weekly hours (employes) extension conditions 2650 119 59 weekly holiday or half -holiday of employes C 2650 120 59 I 2650 121 60 CONSTITUTION OF BOARDS 2650 136 69 CONTRACT to work at less than legal rates of no force . . 2650 225 110 CONTRAVENTIONS (see Offences.) CONVENIENCES (see Sanitary.) COOKED MEAT (OTHER THAN TINNED MEAT) SHOPS, closing provisions (Metropolitan District) 2650 84 44 weekly hours of employes 2650 118 59 weekly hours (employes) extension conditions 2650 119 59 weekly holiday or half -holiday of employes ( 2650 120 59- I 2650 121 60 COOPERS, * annual holiday 2650 216 106 COUNCIL (LOCAL MUNICIPAL), meaning of 2650 3 4 notice to be sent to council re occupying factory 2650 15 11 powers when Chief Inspector condemns a factory 2650 25 18 to approve of factories and work-rooms 2650 15 11 to act on Inspector's report of sanitary defects 2650 28(2) 20 COUNTRY Council may make by-laws re hours of shops / 2650 97 49 1 2650 116 58 .,,-" f 2650 96 48 effect of closing shops for public holiday 2650 98 50 ( 2650 99 51 general power of Governor to make regulations re shops' hours 2650 101 52 ordinary hours for closing shops 2650 96 48 power of Governor to make regulations re shops' hours in Geelong District 2650 102 53 COURT OF INDUSTRIAL APPEALS, application of decision . . . . ( 2650 177 90 \ 2650 178 91 constitution of Court 2650 174(2) 85 decision of Court to be final and without appeal 2650 176(9) 90 Determination of Court not to be altered by Board unless leave granted 2650 176 (9) 90 173 **<* i .CO.MB* ! .* i Act. Section. Page. COURT OF INDUSTRIAL APPEALS continued. ,,, Determination)^ Court may be altered by the Board after twelve months without leave 3048 13 90 Determination to be published in Government Gazette .. .. .. ;->i< 2650 177 90 matters to be considered by Court . . &&!< 2650 175 87 may ask for further evidence 2650 181 91 may increase or decrease wages . . ^;:j'fe 2650 176 (6) 88 Minister may refer Determination to Court . . 2650 176 87 mode of appeal Regulations 160 no trade secrets or profits to be disclosed 2650 176*(8) 90 power to make or alter Determination f 2650 176 88 I 2650 180 91 registrar, appointment of 2650 174 (9) 86 representative members' fees 2650 174 86 special powers of . . 2650 181 91 when barristers, solicitors, or agents may appear 2650 176 (5) 88 who may appeal to Court 2650 176 87 COURTS OF LAW, absence from State no defence for employer . . 2650 221 107 Determination in Gazette form, proof of its making 2650 223 110 Determination challengeable before Supreme Court only 2650 171 83 Determination rates recoverable within twelve months . . . . ; . 2650 225 110 Gazette containing order extending Board's powers to be accepted as evidence 2650 135 (2) 69 information re furniture trade to be laid within twelve months 2650 222 108 information to be laid within two months except . in certain cases . . 2650 222 108 information, &c., may be amended by the Court 2650 220 (3) 107 payment of arrears may be ordered 2650 232 115 regulations challengeable before Supreme Court only 2650 244 120 police magistrate either with or without justices to adjudicate in Courts of Petty Sessions . . 2650 219 107 CREAMERIES AND BUTTER FACTORIES, Provisions re engine-drivers, &c., applicable to 2650 56(2) 33 CRIMINATE, no person required to give evidence tending/ 2650 20(3) 15 to criminate himself .'. . . \ 2650 124 (2) 62 CYCLE TRADE annual holiday (Metropolitan District) 2650 210 105 DAIRYING, exemption from Acts in some cases 2650 9 7 annually licensed dairies not to pay. fees 3048 23 63 174 *<* I Act. Section. Page. DANGEROUS MACHINERY, Governor in Council may prohibit young persons working at 2650 65 36 occupier must guard 2650 59 34 DANGEROUS TRADES, regulations may be made 2650 62 35 DAUGHTER of employer not affected by Determination 2650 166 82 DEFENCE DEPARTMENT, when records may be inspected by . . 2650 12 9 DEFINITION of " apprentice " . . . . 2650 3 3 of " casual work " or " casual labour " 2650 141 (4) 76 of " Chief Inspector " 2650 3 4 of " child " 2650 3 4 of |" council " .. .. 2650 3 4 of " employment and working for hire " 2650 43 28 of "factory" 2650 3 4 of ** furniture " 2650 3 5 of " Geelong District " . . 2650 102 53 of " handicraft " . . 2650 3 5 of " improver " 2650 3 6 of " Inspector ** 2650 3 6 of " Metropolitan District " 2650 82 43 of " mill gearing " 2650 3 6 of "part" .. .. MU : >"' 2650 3 6 of ** prescribed " . . 2650 3 6 of " process, trade, business, or occupation " 2650 7 7 of ** regulations " . . . . . . '^-.'v 2650 3 6 - of "schedule" .. .. .. '''';. 2650 3 6 of k ' shop" 2650 3 6 of ?' shopkeeper " . . 2650 3 7 of * small shop " . . 2650 89 47 of * trade" 2650 134 69 of week " . . . . fc 2650 3 7 of * white phosphorus " 2845 3 121 of ' work " in certain cases 2650 38(6) 27 DELIVERY, daily hours, restriction of . . 2650 127 64 half-holiday for persons delivering meat 2650 206 102 hall-holiday for persons delivering milk 2650 209 104 holiday twice a month for bread deliverers 2650 204 102 of moat may be regulated 2650 206 103 of meat on Sunday prohibited 2650 208 (1) 103 DETERMINATIONS OF WAGES BOARDS, agreement to work at less than rates invalid . . 2650 225 110 amendment or repeal not to affect legal pro- ceedings commenced 2650 224 110 Appeal Court may amend or revoke 2650 165 82 application of .. 2650 165 82 175 1 ] m Act. Section. Page. DETERMINATIONS OF WAGES BOARDS continued. area to which applicable may be defined *iw 2650 133(2c) 68 powers of Board for baking bread 3048 12 75 Coal Miners' Board's additional power ../<.,. 2650 157 79 date of coming into force 2650 165 81 duration of 2650 165 81 effect of wages rate only being fixed 2650 145 77 employes not to be paid in goods 2650 170 83 gazettal of 2650 165 82 Government Gazette conclusive proof of due making of, &c. 2650 223 110 Hotel Employes Board's additional powers . . 2650 164 81 may be suspended by Governor in Council / 2650 172 84 \ 2650 173 84 may be referred by Minister to Appeal Court 2650 176 (2) 87 must be posted up in factories, shops, &c. 2650 169 83 no appeal to have the effect of suspending . . 2650 176 (3) 87 not to apply to children of employer 2650 166 82 not challengeable if piece-work rate not based on wages rate 2650 142 76 not to affect certain apprentices 2650 185 94 of Appeal Court cannot without leave be") altered by Board inside twelve months ) 2650 176 90 payment to employe engaged in more than one / 2650 167 82 class of work . . . . \ 2650 168 82 peaalty for breach 2650 226 112 removal of suspension . . . . / 2650 172 84 1 2650 173 85 to be signed by Chairman 2650 165 82 to remain in force until amended 2650 165 81 validity, how disputed 2650 171 83 was;es recoverable within twelve months - 2650 225 110 DINING-ROOM, Minister may require it to be provided 2650 35(4) 24 DISMISSAL of employe for acting on Board 2650 239 117 of employe for giving information to Inspector 2650 239 117 DISPUTE (INDUSTRIAL) powers of Minister to suspend Determination . . 2650 173 84 DISTRICT, Geelong District defined 2650 102 53 Metropolitan District defined 2650 82 43 Minister may divide Victoria into districts 2650 10(5) 8 Minister may assign districts to Inspectors . . 2650 10(5) 8 DOORS of factories not to be obstructed 2650 27 19 DRESSING ROOM to be provided in certain cases Regulations 135 176 Act. Section. Page. DURATION OF REGULATIONS, re hours for closing shops, Metropolitan District 2650 84(7) 45 re hours for closing shops, Geelong District . . 2650 102 (7) 53 re hours for closing shops, country districts . . 2650 101 (6) 52 DUST, ventilation fan, &c., may be ordered 2650 29 20 DYERS AND CLOTHES CLEANERS' SHOPS defined 2650 3 6 EATING HOUSE, daily closing provisions . . . . ( 2650 77 41 I 2650 84 44 weekly hours of employes 2650 118 59 weekly hours (employes) extension conditions 2650 119 59 weekly holiday or half -holiday of employes 2650 120 59 EFFECT of closing shop for public holiday (outside J Metropolitan District) . . 2650 2650 2650 96 98 99 48 50 51 ( 2650 83 44 f closing shop for public holiday (Metropolitan-! 2650 2650 85 86 45 46 District) 2650 87 46 of Good Friday or Christmas Day upon shop closing hours 3048 8 43 of public holiday on hours of shop employes . . 2650 114 57 of public holiday on hours of closing shops outside Metropolitan District 2650 96 49 of public holiday as regards carters' hours 2650 127 65 of public holiday as regards bread carters 2650 204 102 of Wages Board fixing wages rate only 2650 145 77 of vacancy on Board 2650 150 78 ELECTION, appeal to the Minister against omission of name from roll . . . . Regulations 144 Board members 2650 137 71 Board members, mode of electing Regulations 142 Chairman 2650 140 72 declaration by returning officer Regulations 144 enrolment in one capacity only Regulations . . . . 144 nomination of Wages Board candidates Regulations . . . . 144 qualification for enrolment Regulations 142 returning officer, duties of Regulations . . . . 144 Under-Secretary to be returning officer Regulations . . 144 ELECTRICITY, ambulance chest necessary if machinery driven by 2650 201 101, 162 places where generated are factories 2650 3 5 177 Act. Section. Page. EMPLOYER (see Records), children of, not affected by Determination 2650 166 82 failing to carry out indenture 2650 188 94 may fix piece-work rates in certain cases 2650 144 76 not" to pay employes in goods 2650 170 83 not to lodge adult employes 2650 198 100 not to dismiss employe for acting on Board . . 2650 239 117 qualification of representatives on Boards 2650 136 69 to forward lists of employes to Chief Inspector re election of Wages Boards . . m^- 2650 137 (3) 71 to give improver certificate of employment 2650 194 97 EMPLOYES, adults not to board with employer 2650 198 100 bath-room may be required for 2650 35(4) 24 engaged on more than one class of work ( 2650 167 82 | 2650 168 82 dining-room may be required for 2650 35(4) 24 females under eighteen not to lift heavy weights 2650 200 100 hours in shops 2650 114 57 in Board trades not to be paid in goods 2650 170 83 in factories to be paid minimum wage 2650 49 31 in shops not to be detained on half -holiday . . 2650 104 54 in shops may be worked overtime 2650 114 57 in shops, sitting accommodation 2650 106 55 in shops to have interval for meals 2650 114 (3) 58 in wet spinning rooms to be protected 2650 40 28 liable to penalty in some cases 2650 228 113 may recover wages within twelve months 2650 225 110 managers of shops, maximum rent payable by . . 2650 108 65 not to have meals in room where employed . . 2650 35 23 not to be dismissed for acting on Wages Board 2650 239 117 not to be dismissed for giving information 2650 239 117 of caterers working hours 2650 118 59 old, slow, or infirm may obtain licence 2650 202 101 qualification of representatives on Boards 2650 136 69 who work eight hours in factory not to be employed in shops 2650 114(4) 58 EMPLOYMENT AND WORKING FOR HIRE, definition of . . . . . . f 2650 3 5 \ 2650 43 28 persons deemed to be employed 2650 37(3) 26 ENGINE-DRIVERS (see Fees), certificate not required on farms, &c. 2650 56 33 certificates where necessary 2650 50 31 certificates, how obtained 2650 51 31 examination 2650 51(3) 32 may be disqualified for misconduct 2650 54 32 overtime rates for Sunday Avork 2650 58 34 rates of Board to supersede those of other Boards for similar work 2650 158 (2) 79 178 | .toA Act. Section. Page. ENGINES on farms, vineyards, &c., exempt 2650 56 33 to be securely fenced 2650 59 34 ESCAPES IN CASE OF FIRE, in factories 2650 27 19 regulations re factories .... 132 regulations re shops . . 138 EVIDENCE in Appeal Court re profits or trade secrets not to be published 2650 176 90 judicial notice of certain signatures 2650 220 (4) 107 of Wages Board's Determination, &c. 2650 223 110 of extension of Wages Board's powers 2650 135 69 of determination of Court of Industrial appeals 2650 177 90 EXEMPTION re apprentices bound before December, 1910 . . 2650 183 93 from Act of persons engaged dairying, &c. 2650 9 7 of engines and boilers on farms, &c. 2650 56 33 of laundries in prisons, reformatories, &c. 2650 3 6 of laundries in religious or charitable institutions 2650 3 6 of persons in export trade 2650 207 103 of steam boilers by Governor in Council 2650 57 33 of students from Determination rates in certain cases 2650 226 112 EXPERIENCE may influence Board in fixing rates for young people 2650 154 78 of apprentice or improver, how calculated 2650 153 78 EXPORT TRADE, slaughtermen's annual holiday does not apply to 2650 207 103 EXTENSION of Boards' powers in certain cases 2650 135 69 of bread delivery holidays to shires 2650 204 (2) 102 of carters' daily hours provisions to boroughs and shires 2650 5 7 of determinations of Wages Boards 2650 133 68 of Industrial Appeal Court's Determinations . . 2650 178 91 of powers of Ironmoulders Board 2650 163 81 EXTINCTION OF FIRE, provisions for, in factories 2650 26 19 provisions for, in shops 2650 113 56 FACTORY, air space required 2650 24 18 application of Act to 2650 4 7 bath-room may be required 2650 35(4) 24 girl under sixteen not to work in factories between 6 p.m. and 6 a.m. 2650 41 28 child not to be employed in 2650 36 24 defects under the Health Acts 2650 28 20 Determination ot Wages Board to be posted up 2650 169 83 179 Act. Section. Page. FACTORY continued. dining-room may be required yiMM 2650 35(4) 24 doors, &c., not to be obstructed 2650 27 19 dressing room for females . . Regulations f 135 fan to be provided if dust generated 2650 29 20 fee must be paid on or before 31st January . . 2650 17 12 grouped buildings to be deemed one factory . . 2650 3 5 guards must be provided for dangerous parts of half fee for factory opened after 30th June . . 2650 2650 59 17 34 12 hours of employment in, how calculated 2650 37(3) 26 if dilapidated or unsafe, notice to be sent to occupier 2650 25(1) 18 if power-driven machinery used, ambulance chest to be provided 2650 201 101, 162 limewashing or painting interior 2650 30 21 may be entered by summoning officer 2650 45 29 meaning of 2650 3 4 must obey Minister's directions for accident prevention 2650 60 35 notice to be given to Chief Inspector re occupying 2650 14 10 notice to be given to local council re occupying 2650 15 11 not to be registered unless council or Chief Inspector approves 2650 15 11 not to be used as a sleeping place 2650 32 22 overtime allowed in 2650 37 24 prohibition of employment in certain factories 2650 39 27 registration necessary 2650 16 12 registration to be cancelled if employer convicted three times for breaches of Determination 2660 226 112 regulations as to buildings, exits, &c. . . 131 rest-room may be required for female em- ployes 2650 35(4) 24 roof to be ceiled in certain cases Regulations . . 135 sanitary condition of . . . . ( 2650 24 18 i 2650 25 18 sanitary accommodation . . Regulations . . , 134 to be kept clean, properly ventilated, and not overcrowded . . . . . . ... 2650 24 18 to have name of district Inspector posted up . . 2650 22 16 to have name of certifying medical practitioner posted up . . . . . . 2650 22 16 to have holidays and working hours posted up 2650 22 16 to have abstracts of Act posted up . . 2650 22 16 to have name of occupier printed outside 2650 22 16 to be provided with fire prevention appliances 2650 26 19 FAIR OR BAZAAR, sale of goods after hours 2650 107 55 FALSE ENTRY in book register, notice, &c. 2650 238 117 180 Act. Section. Page. FARM, exemption from Act in country 2650 9 7 exemption re steam engines or boilers 2650 56 33 FEES, for engine-drivers' and boiler attendants' cer- tificates . . . . Regulations , 149 for registration of factory 2650 i? 12 for registration of shop 2650 125 63,137 for overtime under Section 37 of Act 2650 37 24 not payable for annually licensed dairies 3048 23 63 of certifying medical practitioner Regulations 147 reduced if factory opened after 30th June 2650 17 12 reduced when power is obtained from another registered factory 2650 Schd. 122 Wages Board . . . . Regulations . . 146 FEMALES, dressing rooms, when necessary Regulations . . . . 135 hours of work limited in factories 2650 37 24 hours of work limited in shops 2650 114 57 hours of work limited in Fourth Schedule shops 2650 118 59 in wet spinning rooms to be protected 2650 40 28 must not work among or near moving machinery in certain cases 2650 63 36 must not clean mill gearing in motion 2650 63 36 outworkers to be questioned by female Inspectors only 2650 195 98 overtime provisions in factories 2650 37 24 overtime provisions re Fourth Schedule shops 2650 119 59 overtime provisions in shops 2650 114 57 rest-room may be required for 2650 35(4) 24 to be deemed to be employed from time of entering until leaving factory 2650 37(3) 26 under eighteen not to lift neavy weights 2650 200 100 under eighteen not to work as type-setters after certain hours 2650 42 28 under fifteen not to work in factory 2650 36 24 FENCING MACHINERY (see Guarding Machinerv) FINES, a record of fines imposed to be posted in factory 2650 22 16 FIRE, appliances for prevention of fire in factory 2650 26 19 appliances for prevention of fire in a shop 2650 113 56 escapes in case of fire in a factory 2650 27 19 proper ingress and egress to be provided in a shop in case of 2650 113 56 FIREMAN OR BOILER ATTENDANT, powers of Wages Board for . . f 2650 158 79 I 2650 159 80 FIRM may be prosecuted 2650 227 112 181 Act. Section. Pago. FIRST AID APPLIANCES to be provided where power used 2650 201 101,162 FISH SHOP, annual holiday 2650 218 107 conditions on which hours may be extended . . 2650 119 59 daily closing provisions . . . . ( 2650 77 41 I 2650 84 44 weekly hours of employes 2650 118 59 weekly hours (employes) extension conditions 2650 119 59 weekly holiday or halt- holiday of employes 2650 101 52 rules re Court of Industrial Appeals may be made by 2650 174(10) 86 scope of Board mav be extended by 2650 135 69 shop regulations (Geelong District) may be made by 2650 102 53 short title may be given to Board by 2650 133 68 (26) f 2650 133 68 r * 2650 136 70 Wages Boards may be appointed by < ' 2650 137 70 2650 138 72 I 2650 139 72 Wages Board may be deprived of any power by 2650 133 68 statutory annual holidays may be altered by 2650 211 105 steam boilers may be exempted by . . 2650 57 33 young persons may be prohibited from work- ing dangerous machinery by 2650 65 36 GREASER, rates may be fixed by Engine-drivers' Board . . 2650 159 80 GROCERS' SHOPS, annual holiday for 2650 215 106 GUARANTEES of good behaviour prohibited 2650 193 97 GUARDING MACHINERY, factory occupiers must provide guards 2650 59 34 factory occupiers must obey Minister's direc- tions for accident prevention . . 2650 60 35 " guard " includes " fence " in certain cases . . 2650 61 35 penal compensation for injuries or death 2650 231 114 penalty for operating without guard 2650 61 35 185 Act. Section. Page. HAIRDRESSERS AND BARBERS' ROOMS, closing hours (Metropolitan District) 2650 87 46 closing hours (outside Metropolitan District) . . 2650 99 51 deemed not closed if business carried on 15 minutes after hour fixed 2650 222 (k) 109 not to close on half-holiday when they close for yearly holiday 2650 213 106 person to whom chair let deemed to be employe 2650 109 55 to be classed as shops 2650 3 6 yearly holiday (Geelong District) . . ^ 2650 210 105 yearly holiday (Metropolitan District) <'-i. t 2650 213 106 HALF-HOLIDAY, all employes in shops to get half-holiday ( 2650 104 54 \ 2650 117 58 application of provision to the whole of the State 2650 117 58 closing for half-holiday of shops outside j" 2650 99 51 Metropolitan District .. .. \ 2650 97 49 for carters ... 2650 129 66 for caterers' employes 2650 121 60 for persons delivering meat 2650 206 102 for persons delivering milk 2650 209 104 tobacconists in Metropolitan District have choice 3048 5 47, 161 penalty for detaining shop employes on 2650 104 54 Saturday half -holiday for shops / 2650 77 41 i 2650 87 46 HANDICRAFT, meaning of 2650 3 5 HAWKERS are shopkeepers . . 2650 3 7 j 2650 84 (5) 45 not to be counted as regards petitions ^ 2650 100 52 >ua pi 2650 101 52 HEATING APPLIANCES, provisions regarding 2650 24(3) 18 to be provided with flues 2650 24(3) 18 HOLIDAY, Boards may fix special rates for 2650 141 75 (3a) effect of Good Friday and Christmas Day upon closing the day before 3048 8 43 effect of public holiday on shops closing (out- 1 side Metropolitan District) 2650 2650 96 98 49 50 I 2650 99 51 r 2650 83 44 effect of public holiday on shops closing J 2650 86 46 (Metropolitan District) 2650 87 46 I 3048 5 47 for watchmen every week 2650 217 106 half -holiday for carters 2650 129 66 half-holiday for persons delivering meat 2650 206 102 186 Act. Section. Pa, HOLIDAY contin ued. half -holiday for persons delivering milk 2650 209 104 half -holiday for shop employes fr *..-, ( 2650 104 54 \ 2650 117 58 holiday in hotels . . . . . . / 2650 120 59 \ 2650 121 60 twice per month for bakers' carters 2650 204 102 yearly for bakers and pastrycooks 2650 203 102 yearly for butchers in Metropolitan and Geelong Districts . . 2650 207 103 yearly for butchers in Bendigo and Eaglehawk 2650 212 105 yearly for cycle traders, Metropolitan District 2650 210 105 yearly for fish and poultry shops in Metropolitan District 2650 218 107 yearly for hairdressers in Metropolitan District 2650 213 106 yearly for fruit and vegetable shops in Metro- politan District 2650 214 106 yearly for grocers in Metropolitan District 2650 215 106 yearly for slaughtermen in Metropolitan District 2650 207 103 yearly for woodworking trades 2650 216 106 yearly, may be fixed by Governor in Council . . 2650 210 104 yearly, may be substituted by Governor in * Council \ \ .' 2650 211 105 HORTICULTURE, Act not applicable in some districts 2650 9 7 HOTEL EMPLOYES BOARD, additional powers 2650 164 81 HOTELS, weekly hours of employes 2650 118 59 weekly hours (employes) extension conditions 2650 119 59 weekly holiday or half -holiday of employes f 2650 120 59 } 2650 121 60 HOURS FOR CLOSING SHOPS, Metropolitan District butchers 2650 86 46 hairdressers 2650 87 46 tobacconists 3048 5 46 Fourth Schedule 2650 84 44 other shops 2650 83 44 " small shops " .. 2650 93 48 Geelong District 2650 102 53 Other places butchers 2650 98 50 Fourth Schedule .. 2650 97 49 hairdressers and tobacconists 2650 99 51 others . . . . * . . . f 2650 100 51 ~i 2650 101 52 shopkeepers outside Metropolitan District may i 2650 98 50 petition re hours . . . . ) 2650 101 52 shopkeepers in Geelong District may petition re hours 2650 102 53 187 Act. Section. Page. HOURS OF WORK, beginning and ending times may be fixed by Boards 2650 141 (2) 75 beginning and ending time for delivering laundry work not fixed 2650 127 64 beginning and ending time of persons delivering aerated waters or ice . . 2650 127 65 carters and carriers beginning and ending times 2650 127 64 even if fixed in Act or regulations may be provided for differently by Boards n-*iur 2650 141 (1) 74 females in factories 2650 37 24 females under eighteen as typesetters females under sixteen not to work in factories 2650 42 28 between 6 p.m. and 6 a.m. 2650 41 ' 28 how carters' hours are to be reckoned 2650 129 66 how hours in factories are to be reckoned 2650 44 29 how hours in shops are to be reckoned 2650 115 58 improvers carting not to be employed more than 26 hours per week 2650 131 67 in factories 2650 37 24 in Fourth Schedule shops 2650 118 59 in shops not Fourth Schedule 2650 114 57 limited hi Chinese factories 2650 38 26 limited in furniture factories 2650 38 26 males under sixteen in factories as typesetters 2650 42 28 of carters may be limited 2650 129 66 power to make by-laws 2650 116 58 Wages Boards to fix maximum . . ** -*j 2650 141 73 ICE, hours of delivery 2650 127 65 IMPROVER, apprentice deemed improver in certain cases . . 2650 190 96 Boards shall fix wages and proportion 2650 182 92 certificate of employment 2650 194 98 experience, how calculated 2650 153 78 licence when over 21 years of age 2650 194 97 meaning of 2650 3 6 not to cart for more than 26 hours per week 2650 131 67 technical education courses, Board may approve of .. 2650 182 (2) 93 INDENTURE, failure to carry out 2650 188 94 if Minister sanctions, person over 21 may be bound 2650 189 96 , model form 125 hot affected by alteration of Determination . . 2650 184 93 not invalid if seal not attached 2650 186 94 to be made in form prescribed by Board (if any) 2650 187 94 188 Act. Section. Page. INDUSTRIAL APPEALS, constitution of Court 2650 174 85 Court may increase or decrease wages 2650 176 (6) 88 Court may ask for further evidence 2650 181 92 Court may alter its Determination at any time 2650 180 91 Determination of Court not to be altered by Board without leave 2650 176 (9) 90 Determination of Court may be altered by\ Board after twelve months without leave / 2650 176 (9) 90 matters to be considered by Court 2650 175 87 Minister may refer Determination to Court . . 2650 176 (2) 87 mode of appeal . . . . Regulations 160 ( 2650 176*(6) 88 powers of Court . . 2650 180 91 (. 2650 181 91 trade secrets or profits not to be disclosed 2650 176 (8) 90 when barristers, solicitors, or agents may appear 2650 176 (5) 88 who may appeal to Court 2650 176 87 INDUSTRIAL AWARD (see Determination of Wages Boards.) INDUSTRIAL DISPUTE, powers of Minister to suspend Determination.. 2650 173 84 INFIRM W T ORKER, Boards may fix rates for 2650 148 78 mav obtain licence from Chief Inspector 2650 202 101 INSPECTORS OF FACTORIES AND SHOPS, allotment to districts 2650 10(5) 8 anyplace to which Determination applies may ( 2650 18 (c) 13 be entered by . . . . . . \ 2650 122 (6) 60 any power necessary for enforcing Act may be ( 2650 18 () 14 exercised by . . . . . . ^ 2650 122 (/) 61 appointment of Chief Inspector, Assistant Chief Inspector, and Inspectors 2650 10(1) 8 certificate of appointment to be produced by 2650 21 15 certificate of fitness may be annulled by 2650 47(3) 30 compliance with Act may be inquired into by / 2650 18 13 I 2650 122 60 constable may accompany if obstruction apprehended 2650 18(6) 13 duties of Assistant Chief Inspector 2650 10(3) 8 employe may be required to sign declaration ( 2650 18 (h) 14 bv , v v : t 2650 122 (e) 61 employes in factories may be questioned by . . 2650 18 (h) 14 employes in shops may be questioned by 2650 122 (a) 60 2650 18 (A) 14 2650 122 (a) 60 2650 122 (e) 61 factories may be entered at reasonable times by 2650 18 13 health inspector may accompany into factory 2650 28(3) 20 interpreter may accompany to assist in in- quiries in factories 2650 19 14 189 Act. Section. Page. INSPECTOR OF FACTORIES AND SHOPS continued. interpreter may accompany to assist in in- quiries in shops 2650 123 61 meaning of 2650 3 6 name to be posted up in factories . . ^ jip :' 2650 59 34 males under eighteen and females not to work between certain parts of 2650 63 36 Minister may forbid use of specific machine or appliance in factory 2650 60 35 penal compensation for injuries or death 2650 231 114 restrictions as to cleaning 2650 63 36 MAJORITY, all povers of Boards may be exercised by 2650 149 78 MALES, hours in factories of males under sixteen 2650 37 24 must not work among or near moving machinery if wearing apron or loose garments 2650 63 36 under eighteen years prohibited from cleaning machinery in certain cases 2650 63 36 MANAGER OF SHOP, maximum rent chargeable 2650 108 55 MANUFACTURER mav in certain cases fix piece-work rates 2650 144 76 MARKET, Stall or standing in, not to be counted in certain cases for petition purposes 3048 9 42 MASTER (see Employer.) MATCHES, inspector may take samples of materials in use 2845 5 121 minimum age of employes dipping lucifer matches 2650 39(4) 28 white or yellow phosphorus prohibited in the manufaci urp of 2845 3 121 if made of white phosphorus, selling, exposing for sale, or keeping in possession forbidden 2845 6 121 MATTERS BOARDS MAY CONSIDER 2650 141 74 MEALS, a room to be provided for meals in certain cases 2650 35 23 interval for meals in factories 2650 34 23 interval for meals in shops 2650 114 58 (See also Dining Room) MEANING OF (see Definitions.) MEAT, annual holiday in abattoirs and private slaughter houses (Metropolitan District) . . ... 2650 207 103 annual holiday for butchers (Metropolitan and Geelong Districts) 2650 207 103 192 Act. Section. Page. MEAT continued annual holiday for butchers (Bendigo and Eaglehawk) .. 2650 212 105 delivery prohibited on Sunday 2650 208 103 delivery may be prohibited on one afternoon . . 2650 206 (2) 103 half-holiday for persons delivering 2650 206 102 MEDICAL CERTIFICATE, fee, 2s. 6d. . . . . Regulations . . e 147 may be annulled by Inspector 2650 47(3) 30 required by certain persons under sixteen years of age 2650 46 29 MEDICAL PRACTITIONER (CERTIFYING), may grant certificate of fitness 2650 46(2) 29 Minister may appoint or remove 2650 11(1) 8 MEETINGS, Boards not to meet during working hours 2650 155 78 time and place (Wages Boards) Regulations m *145 MEMBERS OF BOARDS, penalty for dismissal from employment 2650 239 117 qualifications 2650 136 69 term of office 2650 136 (6) 70 to nominate Chairman 2650 140 72 vacancv may be filled without nomination 2650 139 72 METAL TRADE, minimum age of employes 2650 39(4) 28 METROPOLITAN DISTRICT, bread bakers and pastrycooks' annual holiday 2650 203 102 butchers' annual holiday 2650 207 103 definition of 2650 82 43 2650 83 44 2650 85 45 effect of closing shop on public holiday < 2650 86 46 2650 87 46 3048 5 47 3048 5 46 2650 77 41 2650 81 42 2650 83 44 hours for closing shops . . . . / 2650 84 44 2650 85 45 2650 86 46 2650 87 46 I. 2650 93 48 hours for closing Fourth Schedule shops may be regulated 2650 84 44 Saturday half -holiday 2650 77 41 MILK, half -holiday for persons delivering 2650 209 104 193 MILL GEARING, how defined . . . . . . ... not to be cleaned whilst moving by young persons or women to be guarded . . . . . . # MINIMUM WAGE, employes may recover not applicable to employer's family . . , ,.,,; of 2s. 6d. in all factories, &c. Wages Boards to determine MINISTER, Act as regards limitation of hours in furniture factories may be suspended by . . Act as regards limitation of hours of Chinese may be suspended by . . certifying medical practitioners may be appointed by . . Determination may at any time be referred to Appeal Court by districts may be allotted to inspectors by factories may be exempted from meal room provisions by . . form of indenture prescribed by Board to be approved by . . legal proceedings must be directed by licences to old, slow, or infirm workers may be granted by may require dining-room to be provided for *\ employes may require bath-room to be provided for employ 6s m&y require a rest-room to be provided for female employes . . . . J nomination day in Wages Board elections may be appointed by . . Regulations permission for guarantee to be taken may be granted by permission to young typesetters to be em- ployed after certain hours may be granted by Police Force, member of may be appointed Inspector by . . preventive means re accidents may be directed by .. report from expert or medical man re accident may be obtained by representatives on Wages Boards may be nomi- nated by shops provisions at bazaar for charity may be suspended by . . signature, judicial notice of 34850. 7 Act. 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 2650 Section. 63 59 225 49 49 141 38(5) 38(5) 11(1) 176(2) 10(5) 35 187 220 202 (4) 35(4) 193 42 10(1) CO 67 137(1) 2650 | 107 2650 1 220 (4) Pag. 36 34 110 31 31 73 27 8V 8 24 94 107 101 24 144 97 28 8 34 37 70 55 107 194 "'* j. Act, Section. Page. MINISTER continued. Wages Board election may be held on decision of .. 2650 137 (5) 72 steps for accident prevention in factories may be directed by . . . 2650 60 34 suspension to allow shop to keep open to sell certain goods 2650 105 54 technical education courses may be applied to certain trades for benefit of apprentices or improvers ... 2650 182 (2) 93 MOTOR omnibuses exempted from daily carting hours . . 2650 127 64 spirit -may be sold after hours in certain cases 2650 111 56 MUNICIPAL CLERK r 2650 80 42 M rq | 2650 84(6) 45 i 2650 97 (c) 49 to certify as to majority of shopkeepers 2650 100 52 1 2650 101 (5) 52 2650 102 (5) 53 i 2650 206 (3) 103 MUNICIPAL COUNCIL may make, alter, or repeal by-laws re shops C 2650 97 49 outside Metropolitan District 2650 100 51 1 2650 116 58 powers when Chief Inspector condemns factory 2650 25 19 NEWS AGENTS' SHOPS, conditions on which weekly hours may bo ex- tended 2650 119 59 daily closing provisions . . . . f 2650 77 41 \ 2650 84 44 weekly holiday or half -holiday . . ( 2650 120 59 \ 2650 121 60 weekly hours of employes . . . . "-', \ 1* 2650 118 59 NOMINATION OF BOARD MEMBERS, if objected to, election to take place l;u i . 2650 137 (5) 72 not necessary, if vacancy occurs .. J ^;;> 2650 139 72 of representatives on Wages Boards . . ' . , ; ' 2650 137 70 of Chairman of Wages Board 2650 140 72 NOTICES as to age of persons in certain trades to be posted in factory (silvering mirrors, dipping matches, &c.).. 2650 39 27 of factory overtime to be sent to Chief Inspector 2650 37 (Id) 25 of shop overtime to be sent to Chief Inspector. . 2650 114 (2) 57 re occupying factory to be served on Chief Inspector within fourteen days 2650 14 10 to be posted up in factory 2650 22 (2) i 16 195 Act. Section. Pfge. NOTICES continued. to be posted in shops 2650 126 64 to council as to new factory 2650 15(1) 11 NOXIOUS TRADE, where carried on, meal room to be provided . . 2650 35 23 NUMBER, apprentices and improvers to be fixed by Boards 2650 182 92 apprentices bound prior to 31.12.10 not to count 2650 183 93 OATH, Chairman of Board may administer 2650 151 78 to be taken by officers re outworkers 2650 195 98 OBSTRUCTING INSPECTOR made an offence . . . . . . | 2650 20 (2) 15 i 2650 124 61 OBSTRUCTION, doors, staircases, &c., in factories to be kept free from 2650 27(1) 19 OCCUPATION definition of 2650 7 7 OCCUPIER OF FACTORY, absence from State no defence for breach of la>\ 2650 221 107 may be required to provide dining-room, bath-room and rest-room 2650 35(4) T4 name to be printed or affixed outside 2650 22(3) 16 not to give out material to unregistered out- worker 2650 196 99 not liable if he can prove offence has been committed by some one else 2650 229 113 person- who gives out material for clothing, boots. &c., deemed to be 2650 23 (6) 17 to assist inspector in inspection 2650 20(1) 14 to post up record of fines levied on employes 2650 22(4) 16 to forward lists of employes to Chief Inspector re Wages Board elections 2650 137(3) 71 to forward record of fines to Chief Inspector 2650 22(4) 16 to be given written notice if premises in unsatis- factory state 2650 25(1) 18 who delays Inspector deemed to obstruct 2650 20(2) 15 who fails to produce certificate of registration, &c., deemed to obstruct 2650 20(2) 15 who conceals anv person deemed to obstruct 2650 20(2) 15 OCCUPIER OF SHOP, OFFICE, WARE- HOUSE, &c. may oe required to provide urinals and privies 2650 112 56 196 Act. Section. Page. OFFENCES, absence from Victoria no defence in proceedings 2650 221 107 constitution of court for hearing charges exemption of occupier on conviction of actual 2650 219 107 offender 2650 229 113 liability of actual offenders 2650 228 113 limitation of time for laying information 2650 222 (a) 108 onus of proof 2650 222 (d) 108 persons who may take action 2650 220 107 persons who shall be deemed guilty 2650 230 114 proceedings directed by Minister 2650 220 107 report of offence to be made to Minister 2650 220 107 service of summons 2650 221 107 OFFENCES. PENALTIES FOR (see Penalties). OFFICE mav be required to have privies or urinals OLD WORKER, 2650 112 56 Boards may fix rates f or . . 2650 148 78 may obtain licence from Chief Inspector 2650 202 101 ONUS OF PROOF on defendant 2650 222 108 ORCHARD exemption re steam engines or boilers 2650 56 33 ORDER IN COUNCIL may be revoked, altered, or varied 2650 8 7 prohibiting employment of young persons at dangerous machines 2650 65 36 revoking suspended Determination 2650 172 84 OUTSIDE METROPOLITAN DISTRICT, f 3048 8 43 effect of closing shop for public holiday J 2650 2650 96 98 49 50 I 2650 99 51 ( 2650 96 48 hours for closing shops 2650 2650 97 98 49 50 1 2650 99 51 shops that close at 1 p.m., Saturday, may remain open till 9 p.m., Friday OUTWORKERS, 2650 77 41 employer to keep records fe same 2650 23(1) 16 female, to be questioned by female Inspectors only . . . . 2650 195 (2) 98 in clothing or wearing apparel trades to be paic piece-work prices only 2650 143 76 may employ members of own family only 2650 196 99 must register 2650 195(1) 98 names and addresses to be kept secret 2650 195 (4) 98 OVERCROWDED, factory must not be 2650 24 18 shop must not be 2650 113 56 197 Act Section. Page. OVERTIME, conditions regarding overtime in factories 2650 37 25 conditions and rates for premises in which an Australian wine licence or a billiard table licence is in force 2650 119 59 conditions and rates for hotel, club, and caterers' employes 2650 119 59 conditions and rates for employes in Fourth Schedule shops 2650 119 59 conditions and rates for employes in ordinary shops . . . . . . 2650 114(2) 57 for engine-drivers and boiler attendants working on Sunday 2650 58 34 in furniture factories 2650 38(5) 27 may be fixed by Boards different!}' to Act, &c. 2650 141(ld) 74 no boy or female to be employed without their consent in factories 2650 37 (16) 25 rates to be fixed by Wages Boards 2650 141 74 rates for carters . . . . . . 1 2650 127 (3) 65 I 2650 132 67 OYSTER SHOP, conditions on which weekly hours may be ex- tended . . .. . . '..' 2650 119 59 daily closing provisions 2650 84 44 weekly hours of employes . . . . 2650 118 .59 weekly holiday or half-holiday . . j 2650 120 59 1 2650 121 60 PACK, A, is a shop . . . . 2650 3 6 PARENT liable to penalty in certain cases 2650 234 116 PART, meaning of 2650 3 f, PASSAGES in factories not to be obstructed 2650 27 19 in shops not to be obstructed 2650 113 56 PASTORAL PURSUITS, Act not to apply to certain districts ' 2650 9 t PASTRY (see Confectionery and Pastry). i PASTRYCOOKS, place where pastry is made or baked for sale is a factory .. 2650 3 5 yearly holiday 2650 203 102 PAY BAY, once a fortnight 2650 199 100 PAYMENT, employes in Board trades not to be paid in goods 2650 170 83 employes in Board trades to be paid in full . . 2650 225 110 of wages every fortnight 2650 199 10O 198 Act. Section Page. PAYMENT continued. of arrears due to employes may be ordered by Court .. .. 2650 232 115 of factory registration fee on or before 31st January . . . . 2650 17(1) 12 of half fee if factory opened after 30th June . . 2650 17(2) 12 of minimum wage for employes in factories, &c. 2650 49 31 of special rates on Sundays to engine-drivers, &c. 2650 58 34 PEDLERS are shopkeepers . . . , . 2650 3 7 2650 79 42 2650 84(5) 45 not to be counted in petitions 2650 97 50 2650 100 52 2650 101 52 PENALTIES FOR OFFENCES, breaches of Determinations 2650 226 112 breach of shop regulations 2650 103 54 breach re overtime in factories 2650 37(4) 26 defective guarding of machinery, where injury \ / caused 2650 231 114 delivering unstamped furniture 2650 71 39 detaining shop employe on half-holiday dismissing member of Wages Board 2650 2650 104 239 54 117 divulging contents of record 2650 12 9 employe liable in certain cases 2650 228 113 employing a child or person contrary to Act . . 2650 234 116 employing excess apprentices or improvers . . 2650 226 112 employing persons at less than legal rate 2650 226 112 employing unregistered assistant in small shop 2650 92 48 failing to carry out terms of indentures 2650 188 95 failing to close shop at legal hour 2650 240 118 failing to forward record re wages to Chief f 2650 22(5) 16 Inspector . . . . . . ~{ 2650 126 (4) 64 failing to point out stamps on furniture 2650 76 40 failing to post up abstracts of Act, &c. ( 2650 22(5) 16 I 2650 126 (4) 64 failing to post up inspector's name i 2650 22(5) 16 ) 2650 126(4) 64 failing to post up name of certifying medical practitioner, &c. 2650 22(5) 16 failing to post up record of fines levied on employes 2650 22(5) 16 failing to post up working hours, &c. 2650 22(5) 16 failing to produce record re outworkers 2650 23 17 failing to produce record re wages, &c., of f 2650 22(5) 16 employes . . . . . . ( 2650 126 64 failing to print or affix name outside factory . . 2650 22. (5) 16 failing to report accident 2650 66 37 failing to send notice re occupying factory failing to stamp furniture 2650 2650 14(3) 75 11 40 199 Act. Section. Page. PENALTIES FOR OFFENCES continued. forging certificates 2650 238 117 giving out work to unregistered outworkers . . 2650 196 (2) 99 making false entry or declaration 2650 238 (2) 117 not giving shop employ^ meal interval 2650 114 (5) 58 not keeping factory in conformity with Act . . 2650 233 115 not providing privies, &c., in shops, offices, or warehouses 2650 112 (2) 56 not providing proper means of ingress, &c., to shops 2650 113 (3) 56 not registering factory 2650 17(3) 12 obstructing doors, &c., in factory 2650 27(2) 19 obstructing inspector 2650 236 116 obstruction of stairways, &c., in shop 2650 113 56 overcrowding shops 2650 113 56 permitting shop to be overcrowded 2650 113 (3) 56 parent liable in certain cases 2650 234 116 permitting work in Chinese factory outside certain hours 2650 38(2) 26 permitting work in furniture factory outside certain hours 2650 38(2) 26 pretending to be an inspector 2650 21(2) 15 recovery, mode of w . . 2650 219 107 servant of employer liable in some cases 2450 228 113 taking guarantee 2650 193 97 taking premiums . . . . . . (" 2650 191 96 I 2650 192 96 using bakehouse as a sleeping place 2650 33 23 using factory as a sleeping place 2650 32 22 using white or yellow phosphorus in matches . . 2845 ' 4 121 working shop employes more than 52 hours . . 2650 114 (5) 58 PERISHABLE FOOD, carters' time of beginning and ending work not restricted 2650 127 64 PERMIT for young typesetters to work after certain hours 2650 42 28 to improvers over 21 2650 194 97 to aged, slow, or infirm workers 2650 202 101 to board or lodge employes 2650 198 100 to cart after statutory daily hours 2650 127 65 to cart after weekly regulation hours 2650 132 67 to bind apprentice for less than three years . . 2650 189 (a) 95 to apprentice over 21 to complete indenture . . 2650 189 (b) 95 to person over 21 to be bound 2650 189 (c) 96 to female over fourteen to work in factory 2650 36 24 to students to gain practical knowledge without being paid Board rates 2650 226 112 to sell goods after hours at bazaars 2650 107 55 200 Act. Section. Page. PERSONS (under sixteen years of age), certificates of fitness for certain trades 2650 46 29 deemed to be employed from time of entering until leaving factory 2650 37 26 limitation of hours oi employment . . ( 2650 41 28 I 2650 42 28 PETITION, 2650 79 42 2650 84(4) 45 hawkers or pedlers not to be counted in half i 2650 97 50 holiday or closing hours petitions 2650 100 52 2650 101 52 2650 80 42 2650 84(6) 45 2650 97 50 municipal clerk to certify re shopkeepers in 1 half-holiday or closing hours petitions 2650 2650 100 101 52 52 2650 102 (5) 53 2650 206 103 2650 79 42 2650 84(4) 45 2650 97 50 re half -holiday or closing hours to be signed* 2650 100 51 by majority . . 2650 101 (4) 82 2650 102 (4) 53 2650 206 103 stall or standing in a market not to be counted as a shop in certain cases 3048 9 42 Chief Inspector to certify re employers and f 2650 210 104 employes in annual holiday petitions \ 2650 211 105 PETROL, sale not forbidden after hours in some cases . . 2650 111 56. PHOSPHORUS, white or yellow, prohibited in the manufacture of matches 2845 4(1) 121 PIECE-WORK, Boards may allow employers to fix prices for . . 2650 144 76 conditions imposed if employer fixes piece-work 2650 144 (2) 76 if work be varied it must not affect price 2650 146 77 not lawful in certain cases 2650 145 77 to be based on wages rates 2650 142 76. to be fixed in clothing or wearing apparel or boots or shoes trades for outside work 2650 143 76 POLICE FORCE, MEMBERS OF, may be appointed to act as inspectors of fac- tories 2650 10 8 may take proceedings when directed by the Minister 2650 220 107 may accompany inspectors into factories 2650 18 13 201 Act. Section. Page. POLICE MAGISTRATE, offences must be tried before 2650 219 107 contravention of cavilling rules must be tried before 2650 157 79 PORTER, exemption from limitation of working hours as to shops 2650 114 57 POTTERY, clay-pits and quarries are factories 2650 3 5 i POULTRY SHOPS, annual holiday m Metropolitan District 2650 218 107 POWERS, f 2650 141 73 2650 142 76 2650 143 76 2650 144 76 Boards may exercise 2650 147 77 2650 148 78 2650 149 78 2650 150 78 2650 152 78 2650 154 78 of Wages Board may be exercised by majority 2650 149 78 of Wages Boards may be extended . . 2650 135 69 -; .'- ( 2650 133 . 67 v;; ' 2650 136 69 to appoint Wages Boards . . . . / 2650 2650 137 138 70 72 2650 139 72 ( 2650 158(1) 79 to suspend Determination . . . . f 2650 172 84 \ 2650 173 84 PREMIUM OR BONUS not legal in certain trades . . 2650 191 96 not to be taken by shopkeepers other than regis- tered pharmaceutical chemists 2650 192 96 PRESIDENT of Court of Industrial Appeals 2650 174 85 PRESCRIBED (see Definition). PREVENTION OF ACCIDENTS, Minister may make orders for 2650 60 34 PREVENTION OF FIRES, appliances to be provided in factories 2650 26 19 appliances to be provided in shops 2650 113 56 PRIVIES, requirements in factories . . Regulations . . 134 for employes in shops, offices, or warehouses . . 2650 112 56 regulations as to cleansing . , . . 162 to be provided with satisfactory approaches . . 2650 25(1) 18 202 Act. Section. Page. PROCESS, TRADE, BUSINESS, OR OCCUPA- TION, definition of . . . . . . -f 2650 7 7 ( 2650 134 69 if under Wages Board record of employes to be kept 2650 126 63 Wages Board may be appointed for any 2650 133 68 Governor in Council may fix annual holiday in 2650 210 104 Governor in Council may alter statutory annual holiday 2650 211 105 PROFITS of witnesses in appeal cases not to be published PROHIBITION OF EMPLOYMENT 2650 176 (8) 90 of females in factories at night 2650 41 28 of males under 18, and females in certain fac- tories . . . . . , v 2650 40 28 of women and young persons cleaning machinery 2650 63 36 of women and young persons between certain parts of machinery 2650 63 36 of young persons at. dangerous machinery 2650 65 36 of young typesetters in certain cases 2650 42 28 outside certain hours in furniture factories 2650 38 26 outside certain hours in factories where Chinese working 2650 38 26 PROPORTION, apprentices and improvers 2650 182 92 apprentices bound prior to 31.12.10 not to be counted 2650 183 93 of slow workers in factory 2650 202 101 PROSECUTION (see Legal Proceedings). PROVISIONS, OPERATION OF, relating to restriction of hours of carting 2650 5 7 relating to factories 2650 4 7 relating to shops 2650 4 7 PUBLICATION of Appeal Court's Determination in Gazette . . 2650 177 90 of Board's Determination in Gazette 2650 165 (2) 82 of nominations for Wages Boards 2650 137 70 of record of work done outside a factory 2650 23(4) 17 PUBLIC HOLIDAY, effect on half-holiday (Metropolitan District) . . 2650 85 45. / 2650 83 44 effect on shop closing (Metropolitan District) ) 2650 2650 86 87 46 46 \ 3048 5 47 effect on shop closing outside Metropolitan f 2650 ! 96 49 District . . . . . . . . 4 2650 98 50 I 2650 99 51 effect on shop closing before Good Friday or Christmas Day . . . . . . j 3048 8 43 203 PUBLIC VACCINATOR, when to act as certifying medical practitioner. . QUARKS is a factory in some cases RATES (see Wages or Piece-work). RECORDS of certain factory overtime to be kept of work given out of factories to be kept, &c. of persons employed in factories to be kept, &c. of persons employed in shops to be kept, &c. . . of certain persons under Determinations to be kept, &c. to be kept secret by officers when liable to inspection by Department of i ;. Defence REGISTER re factories to be kept by Chief Inspector REGISTRAR OF COURT OF INDUSTRIAL APPEALS, appointment of REGISTRATION OF FACTORIES, factory to be registered . . fee to be paid before 31st January half fee for factory opened after 30th June . . if requirements be fulfilled. Chief Inspector to issue certificate of registration notice to be sent to Chief Inspector if building after disuse becomes factory notice to be sent to local council if building becomes factory not to be registered unless council or Chief Inspector approves onus of proof is on the defendant particulars required on notice re registration particulars to be entered in register penalty for occupying unregistered factory . . power to cancel where factory unsafe, &c. premises must be approved before registration to be cancelled jifter third conviction in certain cases place where person (other than family) em- ployed REGISTRATION OF PLACES OTHER THAN FACTORIES where Wages Board applies (no fee) REGISTRATION OF SHOPS, fees .. onus of proof is on defendant shopkeeper register with Chief Inspector small shops Act, Section. Page. 2650 11(2 9 2650 3 5 2650 2650 2650 2650 37 (Id) 23 22 126 25 16 15 63 2650 2650 197 12 99 9 2650- 12 9 2650 16 12 2650 174 (8) 86 2650 2650 2650 14 17 17 (2) 10 12 12 2650 14(4) 11 2650 14(1) 11 2650 15(1) 11 2650 2650 2650 2650 2650 2650 2650 15(2) 222 (e) 14(2) 16 17(3) 25 15(2) 11 108 11 12 12 19 11 2650 226(2) 112 2650 197 99 2650 197 99 2650 2650 2650 2650 125 (7) 222 (e) 125 90 63, 137 108 62 47 204 Act. Section. Page. REGULATIONS, abstracts to be posted up in factories 2650 22(2) 16 abstracts to be posted up in shops 2650 26(2) 63 as to appeals to Court of Industrial Appeals . . 2650 176 87 as to carters and carriers 2650 129 66 as to construction of factories 2650 15 11 Boards may fix hours different to regulations 2650 141 74 (Id) fee for medical certificate and reports 2650 242 118 for cavilling may be made by Coal Miners Board 2650 157 79 general powers to make 2650 242 119 legal proceedings not affected by alteration of 2650 243 119 may be made as regards dangerous trades 2650 62 35 may be made re closing of Fourth Schedule shops, (Metropolitan District) 2650 84 44 may be made re closing shops, &c. (Geelong * District) 2650 102 53 f 2650 97 49 may bo made re closing hours of shops outside - 2650 100 51 * Geelong and Metropolitan Districts 2650 101 52 may be made prohibiting delivery of meat 2650 206 103 meaning of . . 2650 3 6 re appliances for fire prevention in factories 2650 242 119 re appliances for tire prevention in shops . . 2650 113 57 re payment of members of Wages Boards . . i 2650 242 119 regarding shops' exits and stairways 2650 113 56 regarding the closing of shops to remain in ( 2650 84(7) 45 force six months 2650 101 (6) 52 I 2650 102 (7) 53 regarding ventilation in warehouses and shops 2650 113 57 validity to be decided only by Supreme Court . . 2650 244 120 RELIGIOUS INSTITUTIONS, exemption of laundrijes in . . 2650 3 6 RENT, maximum chargeable to shop manager 2650 108 55 REPAIRS, prices or rates may be fixed by Boards 2650 152 78 i REPEAL, municipal council may repeal by-laws re shops closing 2650 97 49 re limiting hours of employment in shops 2650 116 58 of Determination not to affect legal proceedings commenced 2650 224 110 'REPORT, ANNUAL, to be made by Chief Inspector 2650 13 9 to be framed so that factory occupier cannot be identified 2650 13(3) 9 so:. ."Srt'i ! .no:-).' Act. Section. Page. REST-ROOM, Minister may require it to be provided 2650 35(4) 24 RESTRICTION ( see Young Persons) 2650 39 27 REVOKE, Board may revoke or alter Determination 2650 171 (2) 84 Court of Industrial Appeals may amend or re- voke Determination 2650 165 82 Governor in Council may revoke orders made 2650 8 fj suspension for bazaars, &c., may be revoked 2650 107 (2) 55 ROLL in case of election for Wages Board 265Q 137 (3) 7i RULES OF PRACTICE, ' Court of Industrial Appeals 2650 174 86 SALE of goods after hours at bazaar 2650 107 55 of new goods by auction after shops' closing hour 2650 110 56 of matches made of white phosphorus forbidden 2845 6 121 of motor spirit after shop hours 2650 111 56 SALE OF GIFTS (see Bazaar). SALT, MAKING OR FINISHING, minimum age of female employes 2650 39(3) 28 ' SANITARY, if conveniences defective, inspector to notify council 2650 28 20 requirements in factories 2650 24 18 requirements in shops, offices, &c. 2650 112 56 SATURDAY HALF-HOLIDAY, application throughout Victoria 2650 77 41 SAW MILLING, annual holiday 2650 216 106 SCHEDULE for shops 2650 125 62 list for Electors' Roll 2650 137 (3) 71 meaning of 2650 3 6 overtime conditions in factories 2650 37 (Id) 25 registration fees for factories 2650 17 12 repeal of former Acts 2650 o 3 SCHOOL, inspector has power to enter . . f 2650 i* 14 i 2650 21 15 SEA, application of Acts, &c., to 2650 6 7 SECRECY of particulars re outworkers 2650 195 98 of records 2650 12 9 206 Act. Section. Page. SECRETARY FOR LABOUR, all information re outworkers to be kept secret by 2650 195 (4) 98 licence to improver over 21 may be granted by 2650 194 97 permission for apprentices to be bound for less than three years may be granted by 2650 189 (a) 95 permission to apprentice over 21 to complete indenture may be granted by . . 2650 189 (6) 95 permission to bind person over 21 may be granted by 2650 189 (c) 96 (see also Chief Inspector.) SERVANT (fee Employes). SERVICE CERTIFICATES to engine-drivers, when legal SHIFTS, 2650 51 31 Boards may legislate for 2650 141 75 SHIRES, application of Determinations to 2650 2650 133(2c) 178 68 91 bread delivery holidays may be extended to . . 2650 204 102 provisions re carters' hours may be extended to 2650 5 7 shops provisions extend to . . 2650 4 7 SHOP, abstracts of Acts, &c., to be posted up 2650 126 (2) 63^ ambulance chest required in certain cases 2650 201 101, 162 application of Acts to 2650 6 7 all time worked by shop employe deemed to be worked in shop 2650 115 58 appliances for prevention of fire 2650 113 56 bath-room may be required 2650 35(4) 24 certain employes who work eight hours in factory not to be employed in shop 2650 114 (4) ; 58 choice of half-holiday for tobacconists' shops (Metropolitan District).. 3048 5 47, 161 closing hours outside Metropolitan District , butchers 2650 98 50 hairdressers 2650 99 51 tobacconists . . . . 2650 99 51 Fourth Schedule 2650 97 49 other shops 2650 96 48 closing hours (Metropolitan District) butchers 2650 86 46 Fourth Schedule 2650 84 44 hairdressers 2650 87 4$ " small shops " 2650 93 48 tobacconists 3048 5 46 other shops 2650 83 44 re closing hours in Geelong District 2650 102 53 detaining employe on half-holiday . . . . , 2650 104 54 207 Act. Section. Page. SHOP continued. Determination of Board to bo posted up 2650 169 83 dining-room may be required 2650 35(4) 24 r 2650 83 44 effect of closing for a public holiday (Metro- J politan District) . . . . j 2650 2650 2650 85 86 87 45 46 46 I 3048 5 47 effect of closing for public holiday (outside ( Metropolitan District) . . . . j 2650 2650 2650 96 98 99 49 50 51 employers to send in certain records 2650 126 63 employment in shop as well as at any other work 2650 168 82 exits 2650 113 56 Fourth Schedule, hours may be regulated in Metropolitan District 2650 84 44 Governor in Council may make regulations regarding hours for closing (outside Metro- politan District) 2650 101 52 Governor in Council may make regulations regarding hours for closing (Geelong District) hours of employes generally 2650 2650 102 114 53 57 hours of Fourth Schedule employes 2650 118 59 interval for meals for employes 2650 114(3) 58 in which several classes of goods are sold, hours for closing 2650 105 54* may be kept open one hour later preceding Good Friday or Christmas Day 3048 8 43 may be kept open till 9 p.m. on Friday in certain cases (Metropolitan District) 2650 87 46 may be required to have privies and urinals . . 2650 112 56 meaning of " shop " 2650 3 6 Metropolitan District defined 2650 82 43 motor spirit may be sold after hours in certain cases . . 2650 111 56 name of occupier to be posted up 2650 126 (3) 64 name of inspector for district to be posted up 2650 126 (2) 63 new goods not to be sold by auctioneer after shops' closing hours 2650 110 56 onus of proof as to registration is on defendant . . 2650 222 (e) 108 overtime and tea money, ordinary shops 2650 114 57 overtime and tea money, Fourth Schedule shops 2650 119 59 proper ingress and egress to be provided 2650 113 56 provisions apply to all Victoria 2650 4 7 provisions may be suspended as regards bazaars, &c.. for charity 2650 107 55 registration fees for shops 2650 125 (5) 62, 137 registration fees not payable for certain dairies 3048 23 63 registration of 2650 125 62 rest-room may bo required for female employes 2650 35 (4) 24 Saturday halt-holiday (Metropolitan District) . . 2650 77 41 shop not to be overcrowded 2650 113 56 208 Act. Section. Page. SHOP continued. sitting accommodation in . . 2650 106 .55 small shop provisions (Metropolitan District) / 2650 89 47 t 2650 94 48 stairways 2650 113 56 t^tall or standing in a market not to be counted in certain cases for petition purposes 3048 9 42 ventilation to be provided in 2650 113 57 when to be considered not closed . . . i 2650 222 109 SHOPKEEPERS /jf\ n\ liaving several shops to close same day for half holiday 3048 5 47 in certain cases to have choice of half-holiday 3048 5 47, 161 may petition re closing hours of Fourth Schedule shops (Metropolitan District) 2650 84 44 may petition re closing hours (Geelong District) 2650 102 53 may petition re closing hours outside Metro- J politan and Geelong Districts . . | 2650 2650 2650 97 100 101 49 51 52 meaning of 2650 3 7 municipal clerk to certify as to majority (out- r 2650 100 52 side Metropolitan District) 2650 101 52 I 2650 102 53 must register shop annually 2650 125 62 not to take premiums 2650 192 96 not to employ improver carting for more than 26 hours per week 2650 131 67 not to charge managers more than 10s. rent . . 2650 108 55 \ 2650 79 42 \ 2650 84 4f> not to include hawkers and pedlers in petitions ' 2650 97 50 I 2650 100 52 { 2650 101 52 not to include certain stalls or standings hi markets in petitions 3048 9 42 not liable it he can prove offence has been com mitted by some one else 2650 229 113 registration of shops by 2650 125 62 registration of assistants in small shops 2650 90 47 servant liable in some cases 2650 228 113 to keep record of employes. . 2650 126 63 to provide sitting accommodation 2650 106 55 SHORT TITLE, Wages Boards 2650 133 68 (26) SIGNATURES, judicial notice of certain 2650 220 (4) 107 SITTING ACCOMMODATION in shops to be provided . ^ 2650 106 55 Act. Section. Page. SLAUGHTERMEN, annual holiday (Metropolitan and Geelong Dis- tricts) .. .. ; ..,'..; 2650 207 103 SLEEPING ACCOMMODATION not to be in factory 2650 32 22 provisions regarding bakehouses 2650 33 22 SLOW WORKER, Boards may fix rates for . . 2650 148 78 may obtain licence from Chief Inspector 2650 202 101 proportion of slow workers employable 2650 202 (2) 101 SMALL GOODS, annual holiday (Metropolitan and Gelong Dis- tricts) 2650 207 103 SMALL SHOPS, cases to be registered 2650 91(1) 48 closing hours (Metropolitan District) 2650 93 48 exempt from registration fee 2650 125 (4) 62 " keeper " does not include manager 2650 91(3) 48 meaning of 2650 89 47 only relatives of shopkeeper to be employed . . 2650 91(2) 48 penalty for employing unregistered assistant . . provisions applicable to Metropolitan District 2650 2650 92 94 48 48 to be registered annually 2650 90 47 registration fee not payable 2650 125 (4) 62 SON of employer not affected by Determination . . SPECIAL BOARDS (see Wages Boards) 2650 166 82 STABLE employes' rates may be fixed by Carters Board 2650 160 80 time book, &c., for stablemen 2650 130 66, 154 STAIRCASES in factories ; . . . Regulations 132 in factories not to be obstructed 2650 27 19 in shops . . . . . . Regulations 138 in shops not to be obstructed . . v 2650 U3 56 STALL a shop 2650 3 6 not to be counted as a shop in certain cases . . 3048 9 42 STAMPING OF FURNITURE made by European labour 2650 70(3) 38 made by Chinese labour . . . . f 2650 70(4) 38 \ 2650 73 39 to be done in factory Avhere article made 2650 69(2) 37 that is imported 2650 72 39 position and size on certain articles 2650 74 39 STANDING rot to be counted as a shop for petition pur- poses in certain cases 3048 9 42 14850. 8 210 Act, Section. Page. STEAM BOILER, attendant's certificate 2650 50 31 on farms, vineyards, &c., exempt 2650 56 33 power to exempt 2650 57 33 STEAM ENGINE, certificate to be held by person in charge 2650 50 31 drivers, &c., to be paid time and a half on Sundays 2650 58 34 STEEL MOULDERS, power of Ironmoulders Board to fix wages for 2650 163 81 STRIKE, Determination may be suspended 2650 173 84 STUDENTS may obtain permit to acquire practical know- ledge without being paid Board rates SUMMONING OFFICERS, 2650 226 112 powers re factories 2650 45 29 SUMMONS, service in certain cases 2650 221 107 SUNDAYS, Boards may fix special rates for 2650 141 (3) 75 delivery of meat prohibited 2650 208 104 engine-drivers, &c., to be paid time and a half 2650 58 34 SUSPENSION of Act to allow a shop to be kept open for the sale of certain goods 2650 10*5 54 of Act in cases of bazaars, &c. 2650 107 55 of Act to allow Chinese to work after hours . . 2650 38(5) 27 of Act to allow work in furniture factories after hours 2650 38(5) 27 of Determination . . . . f 2650 172 84 \ 2650 173 84 TEA MONEY, carters . . . . 2650 132 ov caterers' employes 2650 119 59 employes in shops 2650 114 57 employes in Fourth Schedule shops 2650 119 59 females and boys in factories 2650 37 25 TECHNICAL EDUCATION, Board may approve of a course for apprentices or improvers . 2650 182 (2) 93 TECHNICAL SCHOOLS, students may obtain permit to acquire practical knowledge without being paid Board rates 2650 226 112 TENT a shop 2650 3 6 TILE, MAKING OR FINISHING, minimum age of female employes 2650 39(3) 28 211 Act. Section. Page. TIME limited for laying informations 2650 222 108 limited for suing for Board rates 2650 225 110 limited re orders for arrears 2650 232 115 TIME BOOK for- carters, &c., subject to a Determination . . 2650 130 66,154 TOBACCONIST'S SHOP, daily closing provisions (Metropolitan District) ., ,, (outside Metropolitan 3048 5 46 District) 2650 99 51 TRADE, definition of 2650 134 69 TRADE SECRETS not to be disclosed in Appeal Court 2650 176 (8) 90 TRADES (DANGEROUS), regulations may be made 2650 62 35 TRAVELLERS may buy motor spirit after hours in certain cases 2650 111 56 TRIMMER, rates to be fixed by Engine-drivers Board 2650 159 80 TYPESETTERS, Minister may permit young persons to work after certain hours 2650 42 28 restriction of employment of young persons as 2650 42 28 UNIVERSITY STUDENTS may obtain permit to acquire practical know- ledge without Board rates being paid 2650 226 112 UPHOLSTRESSES, rates may be fixed by Furniture Board 2650 156 79 URINALS, cleansing . . . . Regulations 162 may be required for employes in shops, offices, &c. number required in factories . Regulations 2650 112 56 134 to have satisfactory approaches 2650 25'(i) 18 VACANCY ON BOARD, if no objection, members may continue to act 2650 150 78 may be filled without previous nomination 2650 139 72 VACCINATOR, PUBLIC, when to act as certifying medical practitioner 2650 11(2) 9 VALIDITY, MODE OF TESTING, of Determinations 2650 171 83 of regulations or by-laws 2650 244 120 VEGETABLE AND FRUIT SHOPS, annual holiday for 2650 214 106 daily closing provisions 2650 84 44 VEHICLE a shop 2650 3 6 212 * '! Act. Section. Page. VENTILATION by fan in certain factories 2650 29 20 in factories to render gases, &c., harmless 2650 24 (2c) 18 of heating appliances 2650 24 (3) 18 regulations as to ventilation of factories 131 to be provided hi shops and warehouses 2650 U3 57 VITICULTURE, Acts not to apply to certain districts 2650 9 7 exemption re steam engines or boilers 2650 56 33 WAGES, agreement for less than legal rates invalid 2650 225 110 effect of Board fixing wages rate only 2650 145 77 employes may recover within twelve months 2650 225 110 employes in Board trades not to be paid in goods fixed by a Board to be paid in all factories . . 2650 2650 170 7 83 7 may be increased or decreased by Court of Appeals 2650 176 (6) 88 minimum wage for employes in factories, Ac. 2650 49 31 of apprentices and improvers 2650 182 92 pro ratd amounts in certain cases 2650 141 73 rates for engine- drivers and boiler attendants working on Sundays 2650 58 34 rates for more than one class of work ( 2650 167 82 \ 2650 168 82 stated in indenture to hold good during currency to be paid at least once a fortnight 2650 2650 184 199 93 100 WAGES BOARDS, application of Determination 2650 165 82 ( 2650 136 69 appointment of members I 2650 2650 137 138 70 72 2650 139 72 apprentice, meaning of 2650 3 3 apprentices, proportion to be fixed 2650 182 92 apprentices, wages to be fixed 2650 182 92 apprentices not affected by Determination ( 2650 183 93 in certain cases . . . . \ 2650 185 94 apprentices, proportion not to be less than 1 to 3 or fraction . . . . 2650 182 (3) 93 apprentices* mderitures to be on form (if any) prescribed by Board 2650 187 94 Bread Board may fix varying rates for day or night work 3048 12 75 business, mode of conducting Regulations 145 Chairman, how appointed 2650 140 72 Chairman may administer an oath 2650 151 78 children of employer not affected by Deter- mination 2650 166 82 Clothing Board to fix piece-work only for outside work 2650 143 76 213 Act. Section. Page. WAGES BOARDS -continued. Determination to be communicated to the Minister . . . . Regulations 146 Determination to be posted in factories, shops, &c. 2650 169 83 Determination to come into force not earlier than 30 days after making 2650 165 81 Determination, validity how disputed 2650 171 83 Determination of Appeal Court not to be altered by Board in twelve months without leave 2650 176(9) 90 duration of Determination 2650 165 81 duty of Board if Determination suspended 2650 172 84 effect of vacancy 2650 150 78 effect of amendment or repeal of Determination on legal proceedings 2650 224 110 electing members, mode of Regulations ... 142 election of members in certain cases 2650 137 (5) 72 employes not to be paid in goods 2650 170 83 employers on Clothing Board 2650 162 81 evidence on oath 2650 151 78 existing Boards confirmed 2650 133(1) 67 experience of young workers may be considered 2650 154 78 for any trade 2650 133 67 for carters may fix rates for stable employes 2650 160 80 for any part of iron working trade 2650 158 79 Furniture Board not to be elected 2650 161 80 gazettal of Determination 2650 165 82 greasers, &c., rates may be fixed by Engine- drivers Board 2650 159 80 Hotel Employes Board may consider board or lodging in fixing remuneration of employes 2650 164 81 how constituted 2650 136 (1) 69 if area Determination applicable to extended. new Board may be appointed 2650 133 (4) 68 if substantial objection to nomination, election may be held 2650 137 (5) 72 improvers, wages may be fixed 2650 182 92 improver?, proportion to be employed to be fixed 2650 182 92 Ironmoulders Board, extension of powers 2650 163 81 juveniles other than aporentices and improvers 2650 154 78 legal proof of due making of Determination . . 2650 223 110 may approve of courses of technical education to apprentices or improvers 2650 182(2) 93 may be appointed for groups of trades, &c. . . 2650 133(2a) 68 may be deprived of any of their powers 2650 133(2$ 68 may be appointed for districts 2650 133 (4) 68 may fix time of beginning and ending work 2650 141(2) 75 may fix special rates for Sundays or holidays 2650 141 (3) 75 matters to be considered in fixing rates 2650 141 74 214 Act. Section. Page. WAGES BOARDS continued. maximum hours to be fixed for wage 2650 141 73 majority may exercise all powers 2650 149 78 meetings of, after publication of Determination Regulations 146 members, number of . . . . ... 2650 133 '(6) 69 members to be nominated by Minister 2650 137 70 objections to nominated members 2650 137 70 old, slow, or infirm workers 2650 148 78 overtime, special rate to be fixed for 2650 141 (2) 74 payment of members of 2650 242 119 payment when employe is engaged in various / 2650 167 82 classes of work . . . . . . \ 2650 168 82 penalties for breach of Determination 2650 226 112 penalty for dismissing employes' representative 2650 239 117 piece-work rate must be fixed in clothing trade for work done outside a factory 2650 143 76 ' piece-work rates, may not be varied 2650 146 77 piece-work rates to be based on wages rates . . 2650 142 76 piece-work rates to be fixed for furniture if possible 2650 147 77 piece-work may be fixed by employer if sanc- tioned by Board 2650 144 76 power to alter or revoke Determinations 2650 165 81 power to appoint Boards for persons whereso- ever employed 2650 133 (2) 67 power to prescribe form of indenture for ( 2650 141(lc) 74 apprentices . . . . . . \ 2650 187 94 powers of Board may be exercised by a majority 2650 149 78 powers may be extended in certain cases 2650 135 69 powers may be adjusted by Governor in Council 2650 133 68 (2d) proceedings, entries to be kept Regulations 145 provision for election of members 2650 137 71 qualification of members 2650 136 69 rates may be fixed for repairs 2650 152 78 rates fixed by Engineering and Engine- driving Boards to supersede rates of other Boards 2650 158 (2) 79 remuneration of chairman and members 2650 242 /119 resolution for appointment to be passed by 1 146 Parliament 2650 133 (2) "67 scope may be extended 2650 135 69 secretary, appointment of . . Regulations 145 short title 2650 133 68 (26) suspension of a Determination by Governor ( 2650 172 84 in Council . . . . . . ( 2650 173 84 term of office of members 2650 136 70 (6a) time of meeting not to be-in working hours . . 2650 155 78 215 Act. Section. Page. WAGES BOARDS continued. to determine lowest prices or rates 2650 141 73 vacancy does not prevent continuing members from acting, if no objection 2650 150 78 vacancies, how filled 2650 139 72 wages fixed by a Board must be paid in all factories 2650 7 7 wages may be fixed for juveniles other than apprentices and improvers 2650 154 78 wages, how calculated when other work done / 2650 167 82 I 2650 168 82 wages, effect of fixing only a wages rate 2650 145 77 wages rates or piece-work prices or both maybe fixed 2650 141 73 wages rates must be paid in money in full .. 2650 225 110 when country members required 2650 136 70 WAITERS, conditions on which weekly hours may be ex- tended 2650 119 59 weekly holiday or half -holiday . . f 2650 120 59 I 2650 121 60 weekly hours 2650 118 59 WAITRESSES, conditions on which weekly hours may be ex- tended . . . . 2650 119 59 weekly holiday or half -holiday . . f 2650 120 59 \ 2650 121 60 weekly hours 2650 118 59 WAREHOUSES may be required to have privies or urinals 2650 112 56 to be ventilated 2650 113 57 WATCHMEN, exemption from shop working hours' limitation 2650 114 57 to have one holiday each week 2650 217 106 WEEK defined 2650 3 7 WEIGHTS, restriction on girls lifting . . . . 2650 200 100 WET SPINNING, protection of workers in 2650 40 28 WHITE LEAD MAKING, minimum age of employes WHITE PHOSPHORUS, 2650 39(1) 27 meaning of 2845 3 121 WINE (AUSTRALIAN) LICENSED PREMISES, conditions on which weekly hours may be ex- tended 2650 119 59 weekly holiday or half -holiday . . < 2650 120 59 ) 2650 121 60 weekly hours of employes 2650 118 59 216 Act. Section. .-..!.- Page. WOMEN (see Females). WOODWORKING TRADES, annual holiday 2650 216 KM) WORK denned for certain purposes 2650 38(6) 27 WORKERS (see Employes). WORKING HOURS, Boards not to meet during 2650 155 78 Board may fix 2650 141 75 girls under sixteen not to work in factories between 6 p.m. and 6 a.m. ' 2650 41 28 how calculated in certain cases in factories . . 2650 44 29 how calculated in certain cases in shops 2650 115 58 limitation in factories where Chinese employed 2650 38 26 limitation in factories where furniture made . . 2650 38 26 of employes in Fourth Schedule shops 2650 118 59 of employes in non Fourth Schedule shops 2650 114 57 of employes in shops, mode of extension 2650 114 57 of females and boys in factories 2650 37 24 of carters (daily) 2650 127 64 of carters (weekly) . . . . . . I 2650 129 66 WORKMEN, liability of, for offence 2650 228 113 YOUNG PERSONS, Boards may fix rates for 2650 154 78 children not to work in factories 2650 36 24 hi wet spinning rooms to be protected 2650 40 28 maybe prohibited from working certain machines not to clean moving mill gearing 2650 2650 65 63 36 36 not to work between certain parts of machinery 2650 63 36 prohibited from employment hi certain factories 2650 39 27 restriction in employment as typesetters 2650 42 28 restriction of hours in factories . . / 2650 37 24 \ 2650 41 28 restriction on girls lifting weights 2650 200 100 By Authority : ALBEET J. MULLETT, Government Printer, Melbourne. fa 2M4te~- YB 24417 6&4940 UNIVERSITY OF CALIFORNIA LIBRARY