factories and shops act 1928

392 FACTORIES AND SHOPS. |"19 GEO. V.

FACTORIES AND SHOPS ACT 1928.

19 GEORGE V. A n A c t to consolidate the Law re la t ing to the Noj!677. Supervision and Kegulat ion of Factor ies and

Shops and to other Industrial Matters.

[12th February, 1929.]

BE it enacted by the King's Most Excellent Majesty hy and with the advice and consent of the Legislative Council and the Legis

lative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say; :—

Short utie 1. This Act may be cited as the Factories and Shops Act 1028, JJJ^J,™*' anc* 8 ^ a ^ come into operation on a day to be fixed by proclamation of the

Governor in Council published in the Government Gazette, and is divided into Parts and Divisions as follows :—

Factories and Shops Act 1815.

PART I. -ductory.

PART II.—Administration.

PART I I I . — Fac tunes.

Intro- f Division 1.—Interpretation, s. 3. \ Division 2.—Application of Act, ss. 4-9. 'Division 1.—Inspectors, s. 10.

Division 2.—Certifying Medical Prac-{ titioners, s. 11. | Division 3.—Secrecy of Records, s. 12. ^Division 4.—Annual Report, s. 13.

Division 1.— Registration, ss. 14-17. Division 2.—Inspection, ss. 18-21. Division 3.—Keeping of Records, ss.

22-24. Division 4.—Cleanliness and Ventilation,

<; s. 25. Division 5.—Cancellation of Registration

of Defective Factory. Provisions for Safety, ss. 26-28.

Division 6.—Remedying of Defaults and Nuisances, s. 29.

Division 7.—Prevention of Dust, a. 30.

o

No. 3077.] FACTORIES AND SHOPS ACT 1928. 393

PART I I I . — Fac-<{ tories.

Division 8.—Lime-washing, Painting, &c, PactoHaand ss. 31-32. sh«p, Act xm.

Division 9.—Sleeping Places, ss. 33-34. Division 10.—Meals of Employes, ss. 35-36. Division 11.—Ages and Working Hours of

Employes, and Conditions of Employment in Special Cases, ss. 37-45.

Division 12.--Power of Summoning Officers under the Education Act, s. 46.

Division 13.—Certification of Fitness for Employment of Persons under Sixteen Years, ss. 47-48.

Division 14.—Prohibition of Manufacture and Sale of Matches made with White Phosphorus, ss. 49-52.

Division 15.—Minimum Wage, s. 53. Division 16.—Persons in Charge of Steam-

engines or Boilers, ss. 54-57. Division 17.—Engine-drivers' Pay for Sun

day Work, s. 58. Division 18.—Provisions as to Guarding

Machinery and Preventing Accidents, ss. 59-64.

Division 19.—Restrictions as to Young Persons and Women working among or near machinery, ss. 65-66.

Division 20.—Accidents, ss. 67 and 68.

PART IV.—Stamping Furniture, ss. 69-76.

'Division 1.—Saturday

PART V.—Shops. •{

Half-holiday, &c, ss. 77-81.

Division 2.—Hours of closing in the Metropolitan District, ss.. 82-93.

Division 3.—Hours of closing outside the Metropolitan District, ss. 94-102.

Division 4.—General Shop Provisions, Sanitary Provisions, Hours of Work, Half-holidavs, Registration, &c, ss. 103-129.

PART VI.—Carting and Delivery, ss. 130-135.

PART VII .— Wages Boards.

Division 1.—Appointment of Boards, ss. 136-143.

Division 2.—'Appointment of Chairman, s. 144.

Division 3.—Powers and Functions of Boards, ss. 145-162.

Division 4.—Miscellaneous Provisions as to Wages Boards, ss. 163-170.

Division 5.—Duration, Publication, and Application of Determinations of

• Wages Boards and Court of Appeals, ss. 171-177.

o

394 FACTORIES AND SHOPS ACT 1928. [19 GEO. V.

Factories and Shops Act 1MB.

PART VII.— Wages Boards.

Division 6.—Validity of Determination, s. 178.

Division 7.—Suspension of Determination, ss. 179-lfeU.

Division 8.—Exemption from Determination in case of .New Industry, s. 181.

PABT VIII.—Court of Industrial Appeals, ss. 182-189. 'Division 1.—Apprentices and Improvers,

PART I X — ss. 190-191.

A x *,. , Division 2.—Apprentices, 192-198.

Apprentices and<> D i d g i o n 3 . _ P { J l l i b i t i o n ' o f C e r t a i n P r e . improvers. j m i a m s a n d Guarantees, ss. 199-201.

[_Division 4.—Improvers, s. 202. 'Division 1. — Registration of Outside

Workers, s. 203. Division 2.—Registration of Places other

than Registered Factories and Shops, s. 204.

Division 3.—Employes not to lodge in Factory or Shop, s. 205.

•{ Division 4. — Fortnightly Payment of Earnings, s. 206.

Division 5. — Restrictions as to Girls lifting Heavy Weights, s. 207.

Division 0.—Ambulance Chest, s. 208. Division 7. — Aged, Infirm, and Slow-

Workers, s. 209. Division 8.—Billposting, s. 210.

f Division 1.—Bread, ss. 211-212. j Division 2.—Meat, ss. 213-215.

PART X.—

Miscellaneous

PART X L -

Holidays. < , Division 3.—Milk, s. 216. t.Division 4.—Miscellaneous, ss. 217-225.

PART XII.—Offences, Penalties and Legal Proceedings, ss. 226-247.

PART XIII.—Regulations, ss. 248-250. Bapeai. 2 . The Acts mentioned in the First Schedule to the extent Firat schedule, thereby expressed to be repealed are hereby repealed. Snch repeal lb. s. 2. shall not affect any rule regulation appointment by-law order regis

tration 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 this Act unless inconsistent with the context or Subject-Interpretation.

ib.«. a. matter " Apprentice." Factories and Shops Act 1022 s. 2.

'Apprentice" means any person^ under twenty-one years of age bound by indenture of apprenticeship or any person over

Mo. 3677.] FACTOBIES AND SHOPS ACT 1928. 395

twenty-one years of age who witli the sanction of the Factories ana Secretary of Labour is bouud by indenture of apprentice- shops Act t922. ship :

" Chief inspector " means the chief inspector of factories and " cwef „i Inspector." shops : . and

" Child " means a boy under the age of fourteen years or a girl shops Act wis under the age of fifteen years as the case may be : « ckiw ••

" Cooked meat" includes sausages of all kinds. ' -cooked meat." " Council" means the council of any city town borough or shire : Factories am " Factory " means any office building or place— f^fAet m

in which four or more persons are employed directly or "Council." indirectly in working in any handicraft or in p r e - - ^ 0 / ^ 0 " ^ , paring or manufacturing articles for trade or sale :(o)». s.

in which one or more Chinese persons are or is employed "Factory." directly or indirectly in working in. any handicraft or in preparing or manufacturing 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 manufactured :

in which one or more persons are or is employed in Faetoriet and preparing or manufacturing goods made of bamboo S!>°P'

Aet 1927

or wicker or any substitute therefor: in which one or more persons are or is employed in

mixing or pasting or smelting in connexion with the manufacture or repair of electric accumulators:

(a) By section 3 of the Workmen's Compen- (6) sorting, drying, and spraying with pre-sation Act 1910 (N.S.W.), that Act applies to em- servative sheepskins, to prevent ployment by an employer on, in, or about any weevils from attacking them pending (inter alia) " factory or workshop " and " fac- and during shipment; tory " is defined to mean factory as defined by (c) salting hides to preserve them pending the Factories and Shops Act 1896. By section 2 and during shipment. of the latter Act a " factory " is defined as mean- All the goods had previously been Bold in the ing " any office building or place in which four local market, and were in defendant's premises or more persons are engaged directly or indi- pending shipment by the purchasers, for whom rectly . . . in preparing or manufacturing defendant was treating them, articles for trade or sale." Held, that none of these operations was a pre-

Held, that the phrase " preparing articles for paring for trade or sale within the meaning of a trade or sale " involves doing something to an section corresponding to the present section, and article which has the effect of altering its character that defendant's premises did not require registra-or condition in such a manner as to make it fit tion as a factory. (if not already fit) or fitter (if already fit) for Qucere, whether the drying of the skins and trade or sale, and is not satisfied by merely salting of hides might not, if done prior and doing something with respect to an article that incidentally to sale locally, be a " preparing" retains its original character and condition so as for trade or sale.—Billingham v. New Zealand to make it more convenient to sell it. Loan and Mercantile Agency Company Limited,

Held, therefore, that the warehouse of the 1914 V.L.R., 321. appellants, who were importers and distributors The defendant occupied premises in which of soft goods, in which goods when received were four persons were employed by him in sorting, unpacked, ticketed, sold and, when sold, repacked weighing, and packing into cartons and boxes for delivery to purchasers, was not a " factory " nails manufactured by him in a factory close within the meaning of either of the Acts.—Holden by. v. Henry Bull and Co., 13 C.L.R., 569. Held, that these persons were "employed in

Four or more persons were engaged on defend- preparing articles for sale " within the meaning ant's premises in— of this section, and that therefore the premises

(a) compressing wool into smaller compass were a " factory" within the meaning of the for shipment, in order to reduce freight section.—Alderson v. Qold, 1909 V.L.R., 219. charges;

396 FACTOEIES AND SHOPS ACT 1928. [19 GEO. V.

Factories and Shops Act 1916 f. 8.

" Furniture."

" Handicraft."

' Improver/

Factories and Shops Act 1922 t. 2. " Inspector." Factories and Shops Act 1916 s. 3.

" Laundry."

in which one or more persons are or is employed and in which any bread or pastry is made or baked for sale or any confectionary or cereal food for human consumption is prepared or manufactured for trade or sale:

in which electricity is generated or mechanically transformed for the supply of heat or light or power :(»)

in which coal gas is made ; and also any clay pit or quarry <6) worked in connexion with and

occupied by the occupier of any pottery or brick-yard. Where the operations of any manufacturer are carried

on for safety or convenience in several adjacent buildings grouped together in one enclosnre these shall be classed and included as one factory for the purpose of registration aud 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 :

"Furn i tu re" means furniture of which wood forms a part and such as is usually made by cabinet-makers chair and conch makers upholsterers wood carvers or wood turners :

"Handicraft" includes any work whatsoever done in any laundry or dye-works and whether or not done in preparing or manufacturing articles for trade or sale :

" Improver " means any person (other than an apprentice) who does not receive a piece-work price or a wages rate fixed by any Wages Board for persons other than apprentices or improvers aud who is not over tiventy-one years of age or who being over twenty-one years of age holds a licence from the Secretary for Labour to be paid as an improver :

"Inspector" means an inspector of factories and shops appointed or continued iu ofhee under the authority of this Act and includes the chief inspector and the assistant chief inspector:

"Laundry" shall be deemed not to include any institution or place in which the only persons employed are—

(a) inmates of any gaol reformatory or industrial school or other institution for the time being subject to inspection under any Act other than this Act: or

(a) 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 this Act.

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 Aot.

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. Geelong Harbor Trust Commissioners, 1914 V.L.R., 407.

(b) See Bishop v. Shire of Upper Tarra, (1926) V.L.R., 93, referred to in note to section 233.

I«To. 3677.] FACTORIES AND SHOPS. ACT 1928. 397

(b) inmates of an institution conducted in good faith for religions or charitable purposes :<a)

" 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 process:

" P a r t " means Part of this Act : " Prescribed " means prescribed by this Act or by any regula

tions made pursuant to this Ac t : " Regulations " means regulations under this Act : " Schedule " means Schedule to this Act : " Shop "(6) means any building or place 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 :

" Shopkeeper " means the occupier of a shop and includes a hawker or pedler ;

" Week " means the period between midnight on Saturday night and midnight on the succeeding Saturday night.W

In any Act or in any resolution determination order regulation instrument or document whatsoever any reference to a special board within the meaning of any Factories and Shops Act shall unless the context otherwise requires be read and construed as a reference to a Wages Board within the meaning of this Act or any corresponding previous enactments.

Factories and Shopt Act 1915.

" Mill-gearing."

" Part."

" Prescribed."

" Kegulations."

" Schedule." lb. i. 3. " Shop."

"Shopkeeper."

" Week."

References to special boards In other Acts Ac. Factories and Shops Act 1919 s. 2 (2).

DIVISION 2 . — A P P L I C A T I O N OF ACT. Application of Act to all

4. Except where otherwise expressly provided the provisions of Ja/5tosri,es and

this Act shall apply throughout Victoria. victoria. Factories and

• „ •SA°P» A<* 1 9 * 5

5. The provisions of section one hundred and thirty of this Act «• *• shall apply to all cities and towns and may from time to time be p°0T"ionB

Caset1o extended by the Governor in Council to any borough or to any part or " ^ ' s o f

parts of a shire within ten miles of any such city town or borough. ib.i.'i.

(a) See section 173. (b) A person hired a publio hall for seven days

for the purpose of holding an auction Bale of general merchandise. He employed a licensed auctioneer, and sales by auction were held in the hall during the seven days. At these sales articles of drapery were sold in small lots by the single item at prices ranging from Sixpence to Ten shillings. The proceedings were conduoted in the way auction sales are usually conducted.

Held, that the auctioneer was not the occupier of the building.

Held, also, that the test of liability was permanency either in fact or intention, and therefore the holding of an auction on another's premises

for a few days does not necessarily constitute shopkeeping within the meaning of the Factories and Shops Act.

Semble, per Hood, J., an auctioneer selling other people's goods in his own mart if not a " shopkeeper."—Kervnealy v. Brown, 26 V.L.R., 825. See Richardson v. Austin, 12 CX.R., 463.

(c) Semble, ptr Williams, J., where the time for closing his shop is fixed, a hairdresser may not . after that hour commence to shave or dress the hair of a customer.—Powell v. Kierulf, 24 V.L.R., 851.

(d) See Bishop v. Ford <h Petrie, 36 C.L.R., 322, noted to section 145 (3).


Factories and Shops Act 1915 I. 6. Application of Act and determinations where municipal district bounded by lake or sea-shore. Process trade business or occupation. Ib. t. 7. Statute Law Revision Act 1916 «. 2. Factories and Shops Act 1927 8.3 .

6. Where any city town borough or shire is bounded whether in whole or in part by any lake or by the sea-shore all provisions of this Act and determinations of Wages Boards which are in operation in such city town borough or shire shall within a distance of three miles from such boundary be operative also in all parts of such lake or the sea.

7. The expression " process trade business or occupation" or any expression including one or more of such words when used in this Act or in the determination of a Wages Board refers either to the process or 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 doing work for which a Wages Board has fixed a wages rate or a piece-work price shall be paid for such work at the rate fixed therefor by such Board.

Power to revoke 8 . The Governor in Council may at any time by order published orders. j n ^Q Government Gazette revoke alter or vary any order made pur-Factones and , j. ,1 • • j? ±1 • A j. shops Act 1915 suant to the provisions of this Act. 8. 8.

Exemptions 0 . Except where otherwise expressly provided nothing in this Act orj°Act.rov'slon8 shall apply to persons engaged in dairying agricnlture horticulture ib. s. 9. viticulture or pastoral pursuits in any town borough shire or place

outside the Metropolitan District as denned in this Act.

Appointment of chief Inspector and inspectors. Ib. s. 10. Appointment of police as inspectors.

Offlce of chief inspector.

Duties, Ac. of assistant chief Inspector.

PART II.—ADMINISTRATION.

DIVISION 1 . INSPECTORS.

10. (1) Subject to the provisions of the Public Service Ant 1928-the Governor in Council may from time to time appoint a chief inspector an assistant chief inspector and so many inspectors of factories and shops-as may appear necessary for the carrying into effect of this Act, and may from time to time remove such chief inspector 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 net as an inspector of factories in the district in which he is stationed.

(2) The chief inspector shall hiive 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 in 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 Poctariu and into such and so many districts as he thinks fit and allot or assign ^*T *? 1916' one or more districts to one or more inspectors.

DIVISION 2 . CERTIFYING MEDICAL PRACTITIONERS.

1 1 . (l)The Minister may on the recommendation of the Commission certifying of Public Health appoint any persons being legally qualified medical "racotlonera. 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 certifying Puwio medical practitioner appointed as aforesaid every public vaccinator art a cerSfyiog shall without further or other authority than this section be and act p^ctm^SSnnl as certifying medical practitioner within any district or part thereof eertain P"ts. or place for which he is a public vaccinator.

DIVISION 3.—SECRECY OF RECORDS.*"'

12. Every inspector who divulges the contents of any record of J?»p.eo.tor

persons employed in or of the work done in or outside of any factory cinte^/of except to the Minister or the officers of the Department of Labour reoord-and every inspector or officer of such Department who makes use of his ^ ''e^t ^ knowledge of the contents thereof except for the purpose of the divulge, compilation of general statistical information as required by this Act or for the purpose of enforcing the provisions of this Act shall be Power oi guilty of a misdemeanour. Provided that for the purpose of tracing J Thome110

persons who have evaded naval or military training the Minister may j . ' ^ ^ ' ' ^ 0 ' once in every year authorize any officer of the Department of Defence special purpose. of the Commonwealth of Australia to inspect such records.

DIVISION 4.—ANNUAL REPORT.

13 . (1) The chief inspector shall prepare an annual report for cwei inspector the Minister. SSSSgr'.

(2) Such report shall be of a general and comprehensive character /».«. 13. 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 in Victoria, classifying them accordiug to their sex age and 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

(5) The Minister may before the annual report has been presented of statistical to Parliament publish any general statistical information including SJr!iS8report. the occupation calling or classification of employes contained in the Factories am report or cause any such information to be supplied to any person. f^f*Act 1922

(a) Compare 6ection-203 (4).

400 FACTORIES AND SHOPS ACT 1928. \19 GEO. V.

PART III .—FACTORIES.

Factories and Simps Act 1916, «. 14. Notice of occupation of factory.

Particular notice.

Penalty.

Certificate of registration of factory. Factories and Shops Act 1919 s. 16. Approval of council to opening of factory. Factories and Shops Act 1915 s. 15.

Certificate of suitability &c.

Register. lb. s. 16.

Particulars of register.

DIVISION 1.—REGISTRATION.

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 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 fourteen days of such building or place becoming or again becoming a factory—

serve on the chief inspector at his office a written notice in the prescribed form.

(2) Such notice shall specify— particulars of the name of such person or body of persons and

a description of the factory ; the place where such factory 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 under which the business of the factory is carried on;

and such other particulars as are prescribed.

(3) Every person who is guilty of a contravention of this 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 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 occupation of any building or place which is about to become for the first time, or after a 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 building or place in the prescribed manner.

(2) Such building or place shall not be registered as a factory until such council or the chief inspector has in writing certified that such building or place is suitable for a factory, and that the prescribed requirements have been complied with.

16. (1) Every factory of which the prescribed notice and particulars are forwarded to the chief inspector shall on payment by the occupier thereof or by the employer of the persons working therein (hereinafter termed the " occupier ") of the registration fee 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 particulars 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.

No. 3677.] FACTORIES AND SHOPS ACT 1928. 40'i

17. (1) The registration fee to be paid in respect of every factory Factories and shall be that specified in the Second Schedule, and shall in each and f^g[ Aet 1915

every year be paid on or before the thirty-first day of January by the Registration fee. occupier of such factory. sh^ctTm

s. 4. (2) When any factory is opened during any year after the thirtieth second

day of June the fee to be paid on registration for that year shall be g^" ' 6 ' h

one-half of the rate specified in the said Schedule. factory, &c. opened after

(3) Every occupier of a factory which is not registered as in this *%£toriu?and Act provided shall be liable to a penalty of not more than Ten pounds, shops Act in'5

(4) No fee shall be payable in respect of any dairy which holds Fena'ty-an annual licence as a dairy under the Milk and Dairy Supervision certain licensed-Act 1928. & " " ,rom

DIVISION 2.—INSPECTION. Sho^Act'l910 s. 23.

18. Every inspector shall for the purposes of the execution of this power of Act have power to do all or any of the following things, namely :— inspectors.

(a) to enter inspect and examine at all reasonable times by day s*»|» Aet *»" 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; i

(d) to require the production of all pay-sheets or books wherein an account is kept of the actual wages (whether by piecework or not) paid to any individual employ^ in any place to which the determinatiou of any Wages Board applies 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 enactmeuts 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;

(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 employe 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 factory or at work for

VOL. n.—26


Paetorietand which a Wages Board has fixed prices or rates, and to shop Act 1016. require such person to be so examined and to sign a

s ta tutory declaration as to the t ru th of any s ta tements made by him as to the mat te r s respecting which he is so examined ;

( t ) to exercise such other powers as may be necessary for carrying this Act into effect.

inspector may 1 9 . (1) Every inspector when entering inspecting and examining byaan°mpanie any factory pursuant to any of the provisions of this Ac t may take with interpreter. j j | m j n £ 0 g u c h f a c t o r y a n y person who in the opinion of such inspector

is qualified to act as an interpreter. Effect o« inquiry (2) Any inquiry or requisition to any occupier or his agent or interpreter. employe or any other person made on behalf of such inspector by the

person so act ing as interpreter shall for all purposes be deemed to have been actually made by the inspector, and the answer the re to when made by an occupier agent employe or person to the person act ing as interpreter shall be deemed to have been actually made to the inspector.

(3) Every person who obstructs any person so act ing as an interpreter shall be deemed to have obstructed the inspector in the execution of his duties under this Act and shall be punishable accordingly.

Obstruction of interpreter.

Occupier of faotory &c. to assist inspector in inspection. lb. «. 20. Health Act 1919 ». 8.

Obstruction of Inspector.

Evidence.

Certificates of appointment of inspector. Factories and Shops Act 1915 s. 21.

20 . (1) The occupier of every factory his agents and employ6s shall furnish the means required by a.n inspector or by an officer of the Department of Public Health or of the council necessary for an entry inspection examination and inquiry or the exercise of the powers of such inspector under this Act in relation to snch factory.

(2) Every person who— (a) wilfully delays an inspector in the exercise of any power

under this Act ; or lb) 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.<ft)

(3) 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.

2 1 . (1) Every inspector shall be furnished with a certificate 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

(a) Fa i l ing t o comply w i t h a requisi t ion t o produce books which are no t such as a re requi red t o be k e p t unde r t h e Ac t does no t a m o u u t t o

obs t ruct ion wi th in th i s Bection.—Bishop v. W. Rocka £> Co. Ltd., 1914 V L.R., 429.

See also section 1'27.

a.

2Jo. 3677.] FACTORIES AND SHOPS ACT 1928. 403

the inspector named in any such certificate or falsely pretends to be a n Fartorieiand

iuspector under this Act, shall be liable to imprisonment with orSh<n"AH1918,

without hard labour for a term of not more than.three months.

DIVISION 3.—KEEPING OF KECOKDS.

2 2 . (1) In each and every factory there shall be made a true record Record of in such form and giving such particulars as may be prescribed as to the kept and notice

names work and wages of the persons employed therein and the name factor^8*"1 in

and age of every such person who is under twenty-one years of age n.«. 22. and such record shall be produced for inspection whenever demanded by the inspector and a true copy thereof 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 Information to*

characters in some conspicuous place at or near the entrance of each JaotoryT1 m

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 employed in such factory a notice containing—

(a) the name and address of the inspector for the district; (b) the name and address of the certifying medical practitioner

for the district ; (c) the holidays and the working hours of the factory ; (d) true copies or abstracts of such parts of this Act and regula

tions thereunder as may be prescribed, or as may be directed by the Minister ; and

(e) i rue copies or abstracts of such parts of this Act and regula- Factona and tions thereunder as may be prescribed fixing penalties on feT*Aa 1922

the employes for the non-observance of such parts of the Act or regulations aforesaid.

(3) There shall also be kept printed painted or affixed in legible Name of

Roman characters, in such place as an inspector may direct or approve, £0Seou,£ide

near to the outside of the principal outer door of every factory the name faotory-of the occupier thereof, or if such occupier is a company the registered SAMPAC "1915 name of such company, or if such occupier is a firm of persons the firm '•**• name of such firm.

(4) There shall also be affixed in legible Roman characters in such Record of Alien,

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 provisions of this Penalty, section in regard to any factory the occupier thereof shall be liable to a penalty of not more than One pound for every day during which any of the said provisions are not complied with.

2 3 . (1) Every occupier of a factory who has work done elsewhere Record of

than in his factory shall keep a record of such work. Such record shall SoM or'cerra o be kept in such manner and give such particulars as maybe prescribed ketones to be and so as to be a substantially correct record of the description and/».,'. 23. 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 in each instance for such work.


Factories and Shops Act 1915. Penalty.

Copy of record to be forwarded monthly to Secretary for Labour, Factories and , Shops Act 192T 8.4. and may be published by authority o* Governor in Council Factories and Shops Act 1015 s. 23. Limitation on publishing.

Meaning of occupier in this section.

Exemption.

• (2) In default of so keeping such record such occupier shall be liable to a penalty of 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 to the Secretary for Labour monthly a copy in the prescribed form of every such record for the preceding month.

(4) Notwithstanding anything contained in this Act, the Secretary for Labour shall publish in the Government Gazette for general information any such particulars contained in any such record as the Governor in Council from time to time thinks it necessary or desirable so to publish, including 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 regard to or in connexion with some contravention of this Act for which such occupier has been convicted.

(6) Every person who issues or gives out or authorizes or permits to be issued or given out any material whatsoever 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 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

(b) that on demand made by or on behalf of the inspector he gave all information in his power with respect to the alleged offence ; or

(c) that otherwise he had acted innocently and bond fide and without any intention to evade the provisions of this section.

Time-book for employes under Bread Board's determinations. Factories and Shops Act 1027 «. 26.

Production of time-book or •other record on demand. Penalties.

24 . (1) Every employer in any trade subject to— the Bread Board ; or the Country Bread Board—

shall provide and cause to be kept a time-book or other record in the prescribed form in which each employe's times of commencing and ending work shall be entered from day to day by such employe.

(2) Such time-book or other record shall be produced for inspection whenever demanded by an inspector.

(3) Any employer who fails to provide and cause to be kept such time-book or other record or fails to produce such time-book or other record to an inspector on demand, and any employe" who knowingly makes any false incorrect or misleading entry in such time-book or

(a) See seotkm 203 (5).

Ko. 3677.J FACTORIES AND SHOPS ACT 1928. '405

other record, whether by over-stating or under-stating the time worked Factories and by him or otherwise, shall be liable to a penalty of not more than Two Sh°i"Aetim-pounds.

DIVISION 4.—CLEANLINESS AND VENTILATION. 2 5 . (1) The occupier of every factory shall keep the same in a sanitary

cleanly state and also free from any effluvia arising from any drain factory?"0

privy Urinal Or nuisance Factories and ^ •> Shops Act 1915

(2) A factory or any portion thereof— «•2*-(a) shall not be so overcrowded while work is carried on

therein as to be injurious to the health of the persons employed therein ;

(b) shall contain such amount of cubical space for each person employed and such amount of ventilation as may be prescribed ;

(c) shall be ventilated in such a manner as to render harmless Factories and as far as practicable all the gases vapours dust or , , sf* impurities generated in the course of the manufacturing process or handicraft carried on therein that may in the opinion of the Minister be injurious to health.

(3) Every heating appliance in any factory whether used for warming persons therein engaged or for the manufacturing 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 there is a contravention of this section shall be deemed not to be kept in conformity with this Act.

DIVISION 5.—CANCELLATION OF REGISTRATION OF DEFECTIVE FACTORY. PROVISIONS FOR SAFETY.

26 . (1) The chief inspector shall give to the occupier of any Registration of factory which or any part of which is in his opinion dilapidated unsafe lie0

ftoryVniay unfit for use or injurious to health or insufficiently provided with he cancelled in

. . . T J . . . . f, , J I • • oertain cases. privies or urinals or with satisfactory approaches to such privies or Factorietani urinals or with proper appliances for the extinction of fire or with shops Act 1016 sufficient means of egress in case of fire written notice of such opinion.

(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 of such Power to cancel

notice by the chief inspector, signifies to the chief inspector its ™he?erparTof

approval of the continued use of such factory, the chief inspector may factory unsafe, 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.

406' FACTORIES .AND SHOPS ACT 1928. [19 GEO. V.

Fadoriuani 27 . (1) Where in any regulations it is provided that the council SAOP» Act ins o r ^ c a j e £ inspector may require tha t in any office place or bui lding Fire prevention there shall be appliances (including fire-buckets full of water) for the kept read} for prevention or extinction of fire such appliances shall be maintained in use- a constant s ta te of repair and available for use a t any moment .

(2) A factory in which there is a contravention of this section shal l be deemed not to be kept in conformity wi th this Act .

Doors &c. to be kept clear of obstructions. lb. «. 27.

Proof of obstruction.

2 8 . (1) All doors passages and staircases in or in connexion with any factory shall be kept clear and free from obstruction of any kind whatever and be always available as a means of escape.

(2) Every person who in any way whatever obstructs or permits to be obstructed any such door passage or staircase or places or permits to be placed any obstruction in or near any such door passage or staircase shall be liable for the first offence to a penalty of not more than Five pounds, and for every subsequent offence to a penalty of not less than Five nor more than Twenty pounds.

(3) In any prosecution for a contravention of this section the occupier of the factory shall be deemed to have permitted the obstruction of any door passage or staircase unless the defendant proves that such obstruction was in contravention of his express orders or instructions.

Ib. a.

Council to act

DIVISION 6 .—REMEDYING OF DEFAULTS AND NUISANCES.

Notioeby 2 9 . (1) W h e r e it appears to an inspector t h a t any act neglect or couPndi°orfto default in relation to any drain watercloset earthcloset pr ivy ashp i t ?anfaatryde,eo'B water supply nuisance or other ma t t e r in a factory is punishable or

ry" remediable under the law rela t ing to public heal th bu t not under this Act such inspector shall give notice in wri t ing of such act neglect or default to the council in whose district the factory is si tuate.

(2) Thereupon it shall be the duty of such council to make such inquiry into the subject of the notice and take such action thereon as to such council may seem proper for the purpose of enforcing the law, and the powers conferred by the Health Act 192s upon councils with respect to factories or buildings in which more than twenty persons are gathered or employed or intended to be gathered or employed at one time <0) may be exercised with respect to any factory under this Act by the Commission of Public Health as well as by any council in whose district any such factory is situate : and the provisions of the said last-mentioned Act for enforcing the requirements of any such council shall apply and extend to the enforcing of such requirements of such council and of the Commission of Public Health.

(3) An inspector may for the purposes of this Act or any Act relating to public health take with him into a factory an officer of health inspector or other officer of the Department of Public Health or of the council ; and any such officer of health inspector or other officer of the Department of Public Health or of the council may at all reasonable times enter and inspect any factory.

Power of inspeotor.

(a) See Health Act 1928, sections 46, 381.

No. 3677=] FACTORIES AND SHOPS ACT 1928. 407

DIVISION 7.—PREVENTION OF DUST.

3 0 . Where in any factory any process is carried on by which f ^ S " ^ 0 ^ dust gas vapour or other impurity is generated and discharged into the «• 6. air in the factory in such a manner as to be inhaled by any person f™^™*"b ° working therein, and it appears to the Minister that such gas vapour fan m certain or other impurity is being inhaled by any such person to an injurious Comp- 1E(iw. extent he may direct that a fan or other means of a proper construction vn. c. 22 s. 7*. for preventing such inhalation be provided within a specified time, and if the same is not provided maintained and used the factory shall be deemed not to he kept in conformity with this Act.

DIVISION 8. LIMEWASHING, PAINTING, ETC.

3 1 . (1) For the purpose of securing the observance of the require- Lim,?"ash}nt|

or

ments of this Act as to cleanliness in every factory all the inside interior of

walls of the rooms of a factory and all the ceilings or tops of such f*otor,es-rooms (whether such walls ceilings or tops are plastered or not) and all shops Act 1915 the passages and staircases of a factory if they have not been painted '*30" with oil or varnished once at least within seven years shall be lime-washed or washed with some other wash liquid or material approved by the chief inspector once at least within every fourteen months, to date from the date when last limewashed or washed, and if they h'ave been so painted or varnished shall be washed with hot water and soap once at least within every fourteen months, to date from the date when last so washed.

(2) A factory in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act.

(3) Where it appears to the Minister that in any class of factories Power to or parts thereof the requirements of this section are not necessary for etTmptions*""'* the purpose of semring therein the observance of the requirements of this Act as to cleanliness or are by reason of special circumstances inapplicable lie may if he thinks fit on the recommendation of the Commission of Public Health by order made under this Act grant to such class of factories or parts thereof a special exemption from the requirements of this section.

(4) This section shall not apply to blacksmiths' agricultural Non-appiioation implement makers' and wheelwrights' shops foundries flour mills ooe in ra ea" saw mills bone mills tanneries rope-walks smelting works hay and corn chaff-cutting corn-crushing wool-washing or boiler-making establishments.

32 . All the inside walls of the rooms of every bakehouse and all Liniewasninjf the ceilings or tops of such rooms (whether such walls ceilings or tops waTm"! oTtne are plastered or not) and all the passages and staircases of such U^^ouses. bakehouse shall either be painted with oil or varnished or be washed ib. t. 31. with lime, or some, other wash material or liquid approved of by the chief inspector or be partly painted or varnished and partly so washed; where painted with oil or varnish there shall be three coats of paint or varnish and the paint or varnish shall be renewed at least once in every seven years, and shall be washed with hot water and soap once at least in every six months; where otherwise washed, such washing shall be renewed once at least in every six months.

A bakehouse in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act.


DIVISION 9.—SLEEPING PLACES.

factories and 3 3 . (1) No person shall use or permit to be used as a sleeping shops Act 1915 p ] a c e a n y pa rk 0f a factory in which any of the operations of the factory sleeping places are generally or occasionally carried on. For the purposes of this forbidden? section all space on each floor except such part as is separated by a

permanent substantial wall or partition extending from floor to ceiling shall be deemed to constitute one part of a factory.

(2) Any person contravening any of the provisions of this section shall be liable for the first offence to a penalty of not more than Two pounds and for every subsequent offence to a penaliy^of not less than One pound nor more than Five pounds.

(3) The onus of proof that the provisions of this section have not been contravened shall in all cases be on the defendant.

Provision as to 3 4 . (1) A place on the same level with a bakehouse and forming n^rEhoSses. part of the same building shall not be used as a sleeping place unless ib. t. 88. it is constructed as follows (that is to say) :—

Unless such sleeping place is effectually separated from the bakehouse by a partition extending from the floor to the ceiling; and

, Unless there is an external glazed window of at least nine superficial feet in area, of which at least four and a half superficial feet are made to open for ventilation.

(2) Every person who lets or occupies or continues to let or knowingly suffers to be occupied any place contrary to the provisions of this section shall be liable for the first offence to a penalty of not more than One pound and for every subsequent offence to a penalty of not more than Five pounds.<°>

DIVISION 10.—MEALS OF EMPLOYES.

interval for 3 5 . (1) No male under eighteen years of age and no female shall AT^S*. except on half-holidays or when it appears to the Minister after due

inquiry that the exigencies of trade require the suspension of the provisions of this section be employed continuously in any factory for more than five hours without an interval of at least half-an-hour for a meal.

(2) When it appears to the Minister that the exigencies of trade require the suspension of the provisions of this section he may suspend the same, and such suspension shall be notified under his hand and such notification shall be published in the Government Gazette.

(3) Nothing in this section contained shall refer to a factory in which the process of printing newspap?rs is carried on.

Meals not to be 36 . (1) No person employed in a factory shall be permitted to wheTe'empT s take his or her meals in any room therein in which any manufacturing tausTrtain"!^™ P r o c e s s o r handicraft is then being carried on or in which persons where employes employed in such factory are then engaged in their employment unless working" such factory is of open construction and is certified to by the chief ib. «.8B. inspector as being properly exempted from this provision.

(a) Where a lessee had covenanted that a failure to re-establish after notice, as under the baking business should be continued to be carried Factories Act a new bakery would have to \>a on, but had discontinued it, the lessor having built before this could be lawfully done.—Oenayt waived the discontinuance for the time being, it v. ZlcOavin, 18 C.L.R., 152. was held that the lessor could not re-enter for

N o . 3677.] F A C T O R I E S A N D S H O P S ACT 1928. 409

(2) Where any manufacturing process handicraft or employment Factories and has been declared by the Governor in Council to be noxious for the ^Tromn's 1915' purposes of this Act, no person employed in the factory in which wherein noxious any such manufacturing process handicraft or employment is carried on Sedon."" shall be permit ted to take his or her meals in any room therein in which such manufactur ing 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 factory shall cause a fit and proper room to be provided within which the persons employed may take their meals so t ha t the provisions of this Act shall not be contravened.

(3) If it is made to appear to the Minister that for any reason Exemption. it is unnecessary that such a room should be provided in any such sn^^Actuw factory he may by licence under his hand exempt for any period not«. s (2). exceeding one year the occupier of such factory from so much of the Power of provisions of the last preceding sub-section as require such a room to req 'ired'mng-be provided. £ 0 " %

(4) The Minister may from time to t ime in wri t ing require the °e Pr.ovide<Mor

• o P , 1 i , - i o i. use ol employes. occupier 01 any factory shop or place to provide— lbi,. 3(1).

(a) a dining-room for use of employes ; Provision of (b) a bath-room for the use of employed ; empio'yee in*18

(c) a rest-room for female employes ; factories. and require the occupier of any factory to provide suitable s i t t ing ^ta^Act"^ accommodation for female employes. «•6-

DIVISION 11.—AGES AND WORKING HOURS OF EMPLOYES AND CONDITIONS OF EMPLOYMENT IN SPECIAL CASES.

37 . No child shall be employed in any factory.W children not to Provided that the Chief Inspector may grant to any female child pemTie'chudren

over theageof fourteen years who is not required to attend school under over fourteen to the Education Act 1928 permission to work in a factory if he is satisfied work factories that the poverty of the parents or guardians of the child makes it l" c

(ert?in c"ses-

desirable for the child to get employment and t h a t the interests of the s/iopPlct "915 child will be best served by commencing work in a factory without *'36' wait ing till such child becomes legally eligible so to work.

3 8 . (1) No person(6) shall employ in a factory any male under six- workinghoure teen years of age or female of any age— b°oyse.males a"d

(a) for more than forty-eight hours in any week, or u>.«. 87. (6) for more than ten hours on any day, or (c) later t han nine o'clock in the evening.

Provided tha t in order to meet an unforeseen press of work such Provision tor employment may be extended to fifty-seven hours in any week but in o"work?e" pre6S

not more than eight weeks in any one year subject to the following conditions :-•-

(i) Paymen t for overtime shall be made for the time so worked conditions, a t the rate of time and a half on wages rates or Threepence an hour extra on piece-work prices (as the case may

(a) See also the Education Act, section 35. intends to commit a breach of the provisions of (6) One member of a firm may be convicted of this Act, and neglect to take effectual steps to

an offence against the provision of this section, prevent such a violation of the law, he will be although tho other members of the firm are not liable for the act of his servant or agent.—Qoodsir joined in the prosecution. If an employer have v. Henderson, 13 V.L.R., 125. knowledge that one of his servants or agents

410 FACTORIES AND SHOPS ACT 1928. {19 GEO. V.

Factories and be) and in addition each worker shall receive One shilling stops Act wis fQr tea-money for each day so worked ;

(ii) No such person shal l be employed more than forty-eight hours in any one week without his or her c o n s e n t ;

(iii) No such person shal l be employed for more than ten hours on any day or later t han nine o'clock in the evening ;

(iv) A book containing a detailed l ist 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 a t any t ime inspect i t ; and a notice in the form of

Third schedule. the Third Schedule accompanied by a fee of Two shill ings and sixpence for registration and a full s ta tement 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 overt ime is worked.

Effect of (2) I f the Minister is not satisfied t h a t such working was bond fide w°£h°o3itio'ns. for the purpose of meeting an unforeseen press of work he shall give

notice in writ ing 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 t h a t such working was bond fide for such purpose the Minister shall direct the chief inspector to make a record t h a t such working was not bond fide for such purpose ; and if t he Minister directs such record to he made in regard to any occupier of a factory three t imes within any period of twelve months such occupier shall not thereafter a t any time be entit led to avail himself of the provisions of th is section.

Calculation of (3) On any day all males under sixteen years of age and a l l time" females employed in any capacity in a factory shall (meal t imes ex

cepted) be deemed to be employed in a factory from the t ime when they enter the same unt i l the t ime when they leave,

penalties. (4) Every person who offends agains t the provisions of th is section shall for each and every contravention of th is section be liable for the first offence to a penal ty of not more than Five pounds and for any subsequent offence to a penal ty of not less t han Two nor more than Twenty pounds.

(5) Noth ing in this section shall affect or modify the provisions of section forty-two of this Act .

Limitation of 3 0 . (1)

factories""' (a) In any factory where any Chinese person is at any time „ * & employed, and furniture made. ($) m a n y factory where any article of furniture is prepared or **'* 88" manufactured or partly prepared or manufactured,

no person shall on any day before half-past seven o'clock in t he morning or after five o'clock in the evening or on a Sa turday after two o'clock in the afternoon or on a Sunday at any t ime whatever work ( 0 ) for himself or for hire or reward either directly or indirectly or employ or authorize or permit any person whomsoever so to work.

(a) Before the enactment of the provision now ironing his own shirt during the prohibited hours appearing as sub-section (6), " work " was held to in a Chinese laundry.—Ingham v. Hie Lee, 15 mean " work at factory work," and, therefore, C.L.B., 267. the seotion was held not to apply to a Chinese


(2) Every person who contravenes any of the provisions of this Factories and section shall for each and every day in which he offends be liable sl"'i"A<*191b-for a first offence to a penalty of not more than Ten pounds, and for a ena y" second or subsequent offence to 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 a contravention of this section evidence— Proof of 1 • i i • i T i •! • i • contravention.

(a) that at any time during which work is prohibited 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

(b) 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 prima facie proof that the provisions of this section have been contravened by the defendant.

(4) In any prosecution for a contravention of this section the Effect of work occupier of a factory shall be deemed to have permitted a person to during°ry

work if any person whosoever is proved to have been working in the {J™1^0'"5*1

factory of such occupier during the time when work is i>rohibited. (5) In order to meet the exigencies of trade the Minister may on Power to

payment of a fee of Two shillings and sixpence and subject to such con- operation of ditions and restrictions as he thinks fit to impose suspend the operation seotion-of this section in any one or more factories for a period of not more than two months and any such suspension may at any time revoke.

(6) For the purposes of this section "work " shall be deemed and Meamngot taken to include performing any of the operations usually carried on work' in the factory.

4 0 . (1) In a part of a factory in which there is carried on— Restriction of the process of silvering of mirrors by the mercur ia l p rOCeSS, Or persons

the process of making white lead, ,mder 18;

a person under eighteen years of age shall not be employed. (2) In a part of a factory in which the process of melting or of gins under is

annealing glass is carried on, a female under eighteen years of age in gia5Swork9:

shall not be employed. (3) In a factory in which there is carried on— of girls under ia

(a) the making or finishing of bricks or tiles not being orna-employments;

mental tiles, or (b) the making or finishing of salt,

a female under sixteen years of age shall not be employed. (4) Jii a part of a factory in which there is carried on— 0f persons under

(a) any dry grinding in the metal trade, or "nliiugand \b) the dipping of lucifer matches, dipping™1011

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 or parts of factories to which it applies.

4 1 . (1) No male under eighteen years of age and no female shall Protection of

be employed in any part of a factory in which wet spinning is carried ^ ^ ^ 1 " we* on unless sufficient means are employed and continued for protecting /».,. w .

412 F A C T O R I E S A N D S H O P S ACT 1928. [19 GEO. V.

Factories and the workers from being wetted and (where hot water is used) for p re -shapsAct i9is. v e n t i n g 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 4 2 . No female under sixteen years of age shall work in any empioympnt oi factory between the hours of six of the clock in the evening and six of giris. (.^g c i o c ] c j n the morning. Jb. a. 41. °

Restriction in 4 3 . No male under sixteen years of age or female under eighteen yo

1iFngp?rsSns°as years of age shall work as type setter in any pr in t ing office for longer type setters. than eight hours, nor between the hours of six o'clock in the evening it. ».42. a n ( j g j x o'clock i n the morning, except in a case of emergency with the

permission of the Minister, and then only on the condition t h a t for twelve hours preceding and for twelve hours following such night work such male or female shall not be. employed.

Definition of 4 4 . (]) A male under eighteen years of age or a female who works workuigforWre. in a factory whether for wages or not either in a manufactur ing process ib.«. 4s. or handicraft or in cleaning any pa r t of a factory used for any manu

facturing process or handicraft or in cleaning or oiling any pa r t of the machinery, or in any other kind of work whatsoever incidental to or connected with any manufactur ing process or handicraft or connected with the article made or otherwise the subject of any manufactur ing process or handicraft, shall save sis 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.

How hours of work are to be reckoned. Ib. a. 44.

4 5 . Where any person is employed in any capacity in a factory during any day or week, then all the 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.

Power to visit factories and inquire as to young persons' ages. Ib. s. 45.

DIVISION 1 2 . — P O W E R OF SUMMONING OFFICERS UNDER T H E EDUCATION ACT.

4 6 . Any person holding the office of summoning officer under the Education Act 19'^8 may enter any factory during the time when any persons employed therein are at work and inspect any part thereof where any persons are engaged in working and may also examine the record of ages of persons under or stated to be under twenty years of age and interrogate personally any person or require the production 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.

Certificate of fitness for employment of persons under 16 in factories. Ib. a. 46.

DIVISION 1 3 . CERTIFICATION OF FITNESS FOR EMPLOYMENT OF PERSONS

UNDER SIXTEEN YEARS.

47 . (1) No person under the age of sixteen years shall be employed in any factory unless the occupier of the factory has obtained a certificate in the prescribed form of the fitness of such person for employment in that factory ; or if such certificate of fitness is not required lias 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 purposes of this Factoria and Act may be granted by a certifying medical practitioner for the district, sh01" Act 1915" and shall be to the effect t h a t he is satisfied by the production of a certificate of bir th or other sufficient evidence t h a t the person named in the certificate of fitness is of the age therein specified and has been personally examined by h im and is not incapacitated by disease or bodily infirmity for working daily for the t ime 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 prescribedor in such cases as the chief inspector owing to special circumstances by written notice requires.

48 . (1) All factories or any of them or any class or classes of 8ro?lI5SISISto factories may be named in the certificate of fitness for employment certmcatea of if the certifying medical practitioner is of opinion that he can truly employment, give the certificate for employment therein. a. : a.

(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 auy 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 to 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 practitioner'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 an inspector at the 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 the last preceding section of this Act.

DIVISION 1 4 . PROHIBITION OF MANUFACTURE AND SALE OF MATCHES MADE WITH WHITE PHOSPHORUS.

4 9 . In this Division "white phosphorus" means the substance""wiute usually known as white or yellow phosphorus. i r /w P « h 0 r U B "

Phosphorus 50. (1) Every person who manufactures or causes to be manu- inhibition

factured any matches in the manufacture of which white phosphorus Act 1916 *•8-is used shall be liable to a penalty of not more than Ten Pounds. c.e428«.B5d(2'£

(2) The court by which any such person is convicted may in SSg^tchei addition to imposing any such penalty forfeit any white phosphorus or with white any matches made with white phosphorus whicli are apparently in his / j 0 ^ 0 " 1 8 ' possession ; and any white phosphorus or matches so forfeited shall comp. (N.S.W.) be destroyed or otherwise dealt with as the court thinks fit. 1916 No-1 "•s-

J Effect on factory of

6 1 . (1) Any factory in which white phosphorus is used in the °?^Jen t Ion

manufacture of matches shall be deemed to be a factory not kept in/&.». 6. conformity with this Act. C o m P - ">• »• »•


White Phogphoru$ Matches Prohibition Act. Power to Inspector to take samples. Occupier of factory refusing samples to be guilty of obstructing nspection. Part sample on request to be given to occupier. Prohibition of sale. lb. s. 0.

Comp. 8 Edw. 7 c. 42 s. 2 ; (N.S.W.) 1915 No. 1 s. 4.

(2) The occupier of any factory in which the manufacture of matches is carried on shall allow any inspector under this Act at any time to take for analysis sufficient samples of any material in use or mixed for use ; and if he refuses to do so he shall be guilty of obstructing the inspector in the execution of his duties under this Act.

Provided that the occupier may at the time when the sample is taken and on providing the necessary appliances require the inspector to divide the sample so taken into two parts and to mark seal and deliver to him one part.

52 . Any person who sells offers or exposes for- sale, or has in his possession for sale, any matches made with white phosphorus may on complaint to a conrt of petty 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.

Minimum wage In factory. Factoriet and Shops Act 1915 f. 49.

DIVISION 15.—MINIMUM WAGE.

5 3 . (1) No person whosoever unless in receipt of a weekly wage of at least Two shillings and sixpence shall he 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 prepariug or manufacturing any article-for trade or sale unless in receipt of a weekly wage of at least Two shillings and sixpence.

Persons In charge of steam-engines or boilers to hold certificates. lb. t. 50.

Certificates of competency for engine-drivers for factories. lb. t. 61.

What service to authorize engineer to take charge of engines in factories. Power to grant certificates of service under this Act. lb. i. 52.

DIVISION 16.—PERSONS IN CHARGE OF STEAM-ENGINES OK BOILERS.

54. (I) No person shall be placed in charge of any steam-engine or boiler used in or in connexion with any factory unless such person holds' a certificate of service or of competency as an engine-driver granted under the Mines Act 1928 or any corresponding previous enactment by the Board of Examiners for engine-drivers appointed under the Mines Act 1928 or any corresponding previous enactment or holds a certificate of competency granted under sub-section (3) of this section or any corresponding previous enactment.

(2) Every such steam-engine or boiler when in use shall be under the control and in the charge of a person who lipids one of such certificates.

(3) The said Board of Examiners is hereby empowered 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 an equivalent examination before some authority recognised by the Governor iu Council for the purpose.

(4) A certificate of service shall authorize the holder to take charge of a steam-engine or boiler used in or in connexion with a factory.

(5) The said Board of Examiners shall subject only to such 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 certificate 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

No. 3677.1 FACTORIES AND SHOPS ACT 1928. 415

and ninety-six he was in sole charge of and efficiently managed a steam- Faetoriei and engine or boiler (as the case may be) in Victoria. SIUP$A.<* I M S .

(6) Notwithstanding anything hereinbefore contained a certificate B^^lt

of service shall not in any case be granted unless specially authorized necessary for by the Governor in Council. S r "

Ib. ». 63.

5 5 . (1) Any person holding a certificate of competency or of Power to

service granted by the said Board of Examiners and who is charged certificated with any offence or misconduct likely to be detrimental to the proper engine-driver or efficient discharge of his duties may be called upon by the Board misconduct,

of Examiners to show cause why he should not be disqualified as a Ib- *•M-certificated engine-driver or boiler attendant.

(2) If such person fails to satisfy the said Board why he should not be disqualified 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 disqualification.

(3) Every such person who during the period of his disqualification takes charge of any steam-engine or boiler shall be liable to a penalty of not more than Two pounds for every day during which he contravenes this section.

56 . (1) In this Division the term "factory" wherever it occurs Definition of shall except as provided in the next succeeding sub-section be deemed D,Fv'Siin th'8

and taken to include any house building premises or place whatsoever ib.». 55. 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.

(2) The provisions of this Division shall not apply to any Exemptions, steam-engine or boiler used on or for the purposes of any farm vineyard Ib- »•66-garden or orchard or for the exclusive purpose of providing a supply of water for private use.

(3) The provisions of this Division shall apply in all cases to any creameries and steam-engine or boiler used on or for the purposes of any creamery or not'e e'mpt!"68

butter factory.

5 7 . (1) The Governor in Council may at any time by order Power to exempt,

published in the Government Gazette exempt from the operation of this boiie'H&o601"" Division of this Part for such time a,s he thinks fit any particular class ib.«. 67. 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.

(2) For the purpose of ascertaining whether the provisions of this inspection. 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 his agent or employe1 in such factory, and every such occupier agent or employe refusing or neglecting to answer any such inquiry shall be liable to a penalty of not more than Five pounds.

416 FACTORIES AND SHOPS ACT 1928. [19 G m V.

DIVISION 17.—ENGINE-DRIVERS' PAT FOR SUNDAY WORK.

Factories ant 58 . Every person iu charge of any steam-engine or boiler who sfogAci m 5 is required under this Ac t to hold a certificate from the Board of pay of engine- Examiners for engine-drivers and every person assis t ing such workr<fone'o'nr engine-driver and every fireman working with such engine-driver and Sundays. every person assisting such fireman shall if required to work on

Sunday be paid a t the ra te of not less than t ime and a half.

DIVISION 18.—PROVISIONS AS TO GUAEDING MACHINERY ETC. AND PREVENTING ACCIDENTS.

59 . (1) Every occupier of a factory shall provide guards for— (a) all daugerous parts of the machinery of the factory ; (b) 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. (">

(2) Every person who contravenes any of the provisions of this section shall be guilty of an offence against this Act and shall be liable to a penalty of not less than Five nor more than One hundred pounds.

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

(b) direct that 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.

Penalty for 6 1 . (1) If any person operates machinery without the guard n!a"wi'e without required by or in pursuance of this Act to be provided for the same or sruard &c when the g u a r d is removed or no t proper ly adjusted such person and Foc'ortcs and *he o c c i l P ' e r ° f ^ i e factory shal l be several ly gu i l ty of an offence shops Act 1922 aga ins t th is Ac t and shal l be liable to a pena l ty of not more t h a n *'7 (2>' Twenty pounds .

Occupier to jruard dangerous machinery appliances and parta of factory.

lb. s. 69.

Penalty for not providing Ac. guard for machinery <tc. Factories and Shops Act 1922 «.7(1). Power of Minister. Factories and Shops Act 1915 s. 60.

(a) This provision is intended for the protection of persons actually working at the dangerous machine or part as well aB of other persons in the faotory.—Howard v. Nash Brothers, (1918) V.L.E., 154.

Contributory negligence is not a defence to an action to recover damages for personal injury caused by a breach of an absolute statutory duty imposed for the benefit of a class of persons of which the plaintiff is a member. Limits of defendant's responsibility in such a case considered.

In an action by an employee against his employer to reoover damages for personal injury to the employe caused by a breach of the duty im

posed upon the employer by seotion 33 of the Factories and Shops Act 1912 (N.S. W.) to seourely fence all dangerous parts of the machinery in his factory, the jury found a verdiot for the plaintiff, and in answer to questions put to them by the trial Judge, found that the injury was due to the breach of the duty and also that it was " due to the plaintiff's own negligence in the sense tha t but for that negligenoe the aocident would not have happened."

Held, that the plaintiff was entitled to retain his verdiot.

Bourhe v. Butterfield <b Lewis Ltd., 38 C.L.R., 354.


(2) In the construction of sections fifty-nine and sixty-one of this Factoria and Act the word ' 'guard" shall be deemed to extend to and include a. $&'Act 19U

f e n c e . "Guard" to inolude fence. Factories and

62. (1) (a) Every chaff-cutting machine (whether the same i s ^ « 4 d 1 9 2 2

in a factory or not) shall be provided with such guards Guards to be as are prescribed and such guards shall be constantly SJSStStSg maintained in an efficient state and properly adjusted, machines.

lb) If the owner or hirer of any chaff-cutting machine (whether siwmAct 1927 the same is in a factory or not) does not provide the prescribed guards or does not constantly maintain such guards in an efficient state and properly adjusted he shall be guilty of an offence against this Act and shall be liable to a penalty of not less than Five nor more than One hundred pounds.

(c) If any person operates a chaff-cutting machine (whether Penalty for the same is in a factory or not) without any guard SsSSuSing required by or in pursuance of this Act to be provided m^wne without for the same or when such guard is removed or not properly adjusted—

(i) in the case where such machine is not hired such person and the owner of such machine ; and

(ii) in the case where such machine is hired such person and the hirer of such machine—

shall be severally guilty of an offence against this Act and shall be liable to a penalty of not more than Twenty pounds.

(2) The Governor in Council may by Order published in the Government Gazette make regulations prescribing what guards are to be provided on chaff-cutting machines (whether the same are in a factory or not).

6 3 . (1) (a) Any person who by himself his agents or workmen Quatds to be

temporarily uses any machinery for the purposes of the n chuwryused construction of any building shall provide guards for all '^nfSfonof dangerous parts of such machinery so as to prevent as buildings, far as possible loss of life or bodily injury, and shall keep "• '•8-all guards constantly maintained in an efficient state and properly adjusted.

{b) The Governor in Council may by Order published in the Begulations.

Government Gazette make regulations prescribing what guards are to be provided for such machinery.

(c) For the prevention of accidents the Minister may from time Power of to time by order under his hand— Minister.

(i) direct any person temporarily using such machinery by himself his agents or workmen as aforesaid to take such steps as the Minister deems necessary to prevent the occurrence of accidents; or

(ii) direct that any such machinery shall not be used at any specified place or places.

VOL. n.—27



Penalty for operating machinery without guard.

Power to make regulations for safety of pevsons employed in dangerousor unhealthy trades. Factories and Shops Act 1915 e.62.

Factories and Shops Act 1927 ». 6.

Penalty for offences against regulations.

(oQ Every person who contravenes the provisions of this subsection or of any regulation or order made in pursuance of this sub-section shall be liable to a penalty of not less than Five nor more than One hundred pounds.

(2) If any person operates any such machinery without any guard required by or in pursuance of ihis section to be provided for the same, or when such guard is removed or not properly adjusted, such person and the person temporarily using such machinery by himself his agents or workmen as aforesaid shall be severally liable to a penalty of not more than Twenty pounds.

64. (1) Where the Minister is satisfied that any manufacture plant processor labour used in factories is dangerous or injurious to health or dangerous to life or limb either generally or in the case of women or of persons under twenty-one years of age or of any other class of persons 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.<°> For the purposes of this section " plant" includes any convenience appliance or apparatus or wire for the purpose of generating transforming or transmitting electricity.

(2) Every person who is guilty of any offence against any regulation made under this section shall be liable to a penalty of not. less than Five nor more than One hundred pounds.

Restriction on cleaning of machinery while in motion or working between parts of self-acting machinery. Factories and Shops Act 1915 f. 63. Factories and Shops Act 1922 s. 9(1) (2J. Oonsequenoes of breach of restrictions. Penalty on youth or woman so working Ac. Factories and Shops Act 191B s. 64. Factories and Shops Act 1922 «. 9 (3). Governor in Council may prohibit young persons worsing at dangerous machinery. Factories and Shops Act 1915 ». 65.

DIVISION 19 .—RESTRICTIONS AS TO YOUNG PERSONS AND WOMEN

WORKING AMONG OR NEAR MACHINERY.

65. (1) No female unless her hair is cut short or securely fixed and confined close to her head by net or otherwise and no male wearing-any apron or loose garment shall work or shall be allowed to work among or near moving machinery.

(2) No male under eighteen years of age and no female of any age shall clean or shall be allowed to clean mill gearing while the same is in motion or shall work or shall be allowed 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.

(3) A male under eighteen years of age or a female allowed to clean or to work in contravention of this section shall be deemed to be employed contrary to the provisions of this Act and a male under eighteen years of age or a female who cleans or who works in contravention of this section shall be guilty of an offence against this Act and shall be liable to a penalty of not more than Twenty pounds.

66. (1) The Governor in Council may if he thinks fit by order published in the Government Gazette prohibit the 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 dangerous.

(a) This power does not restrict or out down the power of the Governor in Council to make

regulations under section 248.—Williams v. Chief Inspector of Factories, (1924), V.L.R., 321, 391.


(2) The occupier of any factory in which there is a contravention factories and of any prohibition made under this section shall be deemed to be guilty s,up"Aci 1915-of a contravention of this Act.

DIVISION 20.—ACCIDENTS.

67 . Where there occurs in a factory any accident which either—Notioe of occi-(<z) causes loss of life to a person employed in the factory ; or

death or bodily

(6) causes bodily injury to a person employed in the factory, injury, and which is of such a nature as to prevent the person inj nred by it from Factories and returning to his work in the factory within twenty-fonr hours after the **$'Actwl* occurrence of the accident, written notice of the accident shall forthwith Factories and after the expiration of the twenty-four hours be sent to the inspector for f^f*Aet 192T

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.

6 8 . (1) The Minister may if he thinks fit obtain a report from a Report on death

medical practitioner or expert upon the nature or cause of such death "' injurj'' _, . . * r r Factories and

or injury. shops Act ian (Si) Such medical practitioner or expert shall investigate into the povver to

nature and cause of such death or injury and for the purposes only investigate. of this section shall have the same powers as an inspector and shal ln- '•88-also have power to enter any room in a building or any other place to which the person killed or injured has been removed.

PART IV.—STAMPING FURNITURE.

69. (1) All furniture manufactured in or sent out of or removed Stamping of

from any factory shall be legibly and permanently stamped. furniture. (2) All furniture manufactured or prepared either wholly or partly Victorian mode

in Victoria shall as soon as it has been practically completed so as to 2™™ t 0 be

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 prepared be stamped with a stamp of an indelible permanent ink or stain or impression.

70 . (1) Such stamp shall set forth in legible type the manufac- certain turer's true name and the address of the place in which such furniture own y™ t0 be

was manufactured or prepared. If such furniture was only partly etamP-manufactured or prepared by such manufacturer the words " partly n- *•70-prepared by " shall be stamped above such manufacturer's name and address.

(2) Such stamp shall be placed on some part of such furniture where stamp not to be it can be clearly and easily seen and read upon examining such furniture.covered UP-

(3) Where an article of such furniture has been manufactured or European, 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 manufactured or Chinese, prepared solely or partly by the labour of any Chinese person or on or in the premises of any Chinese employer such stamp shall also set forth in legible type the words " Chinese labour."


European and labour other than Chinese.

Meaning of " European labour" and " Chinese."

Penalties if furniture delivered unstamped or invoice delivered without proper description. /» : . . 71.

t-actorie* and (<>) Where an article of such furniture has been manufactured or simps Act 1915. prepared partly by European labour and partly by the labour of persons " * other than Chinese such stamp shall also set forth in legible type the

words " European and other labour." (6) " European labour" means the labour of persons born in

Europe or of their descendants whether born in any British colony or possession or in the United States of America or elsewhere, and " Uhinese" includes persons having a Chinese father and mother.

7 1 . Every occupier of a factory or shop— (a) who delivers or causes to be delivered to a purchaser any new

furniture which is not stamped pursuant to this Ac t ; or (b) who without having previously delivered a written statement

such as is hereinafter referred to renders or delivers to a purchaser of new furniture an invoice, account, bill or receipt or enters into any time payment or other agreement which does not contain a written statement expressly and clearly showing whether such new furniture to which it relates was imported or was made by Chinese labour or by European labour only or by European and other labour,

shall be guilty of an offence and shall be liable for a first offence to a penalty of not more than Five pounds and for every subsequent offence to a penalty of not less than Two nor more than Twenty pounds.

72 . All furniture imported into Victoria for the purpose of sale shall be stamped by the importer or consignee or buyer for the purpose of re-sale thereof within forty-eight hours after such furniture has been

. unpacked with a stamp of an indelible permanent ink or stain ; such stamp shall set forth in legible type the words " imported furniture."

73 . (1) The stamps upon all furniture— (a) imported into Victoria for sale ; or (b) manufactured in Victoria for sale solely by European

labour ; or (c) manufactured in Victoria for sale partly by European labour

and partly by the labour of persons other than Chinese, shall be of an oblong shape and shall each (as the case may be) contain the words specified.

(2) The stamps upon all furniture manufactured in Victoria for sale solely or partly by the labour of any Chinese person or on the premises of any Chinese employer shall be triangular in shape and shall contain the words " Chinese labour."

74 . The provisions of this Act with regard to the stamping of furniture shall not be deemed to be complied with in the case of wardrobes sideboards tables washstands bookcases cabinets hallstands hall seats dinner waggons church altars cupboards pedestals meat safes chiffoniers kitchen dressers chests of drawers and commodes unless each of the letters with which such articles are stamped is at least one-quarter of an inch long by one-eighth of an inch wide.

7 5 . Every person— (a) who wholly or partly manufactures or prepares furniture

and who fails or omits to cause such furniture to be stamped as in this Act provided ; or

Imported furniture to be stamped. lb. J. 72.

furniture stamps. lb. t. 73.

Certain furniture how stamped. lb. s. 74.

Penalty. lb. a. 75.


(b) who exposes for sale or sellB any furniture wholly manu- paetorut and factured or prepared by persons other than himself or his Shap'Act 1916-

• immediate employes and stamps the same with his own stamp ; or

(c) who on any furniture wholly or partly made by persons other than himself or his immediate employes places a stamp implying or stating that such furniture was made by himself only ; or

(d) who in any other way falsely stamps any furniture ; or (e) who exposes for sale or sells or offers for sale any furniture

manufactured or prepared either wholly or partly in Victoria which is not stamped pursuant to this Act or which he knows to be falsely stamped ; or

( / ) who removes or erases from or alters or adds to or attempts to remove or erase from or alter or add to any stamp on any furniture,

shall be guilty of an offence and shall be liable for the first offence to a penalty of not more than Five pounds and for every subsequent offence to a penalty of not less than Two nor more than Twenty pounds.

76. Every occupier of a factory or shop and the agents and stamps to be employes of such occupier shall whenever so required by an inspector RJs'pecuiru*to

point out to such inspector where any article of furniture in such required, factory or shop is stamped in accordance with the provisions of this Act. /6 '"'76 ' Every person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a penalty of not more thaD Five pounds.

PART V.—SHOPS.<°>

DIVISION 1. SATURDAY HALF-HOLIDAY ETC.

7 7 . All shops in Victoria (except shops for the sale of fresh closing of an uncooked meat hairdressers' shops tobacconists' shops and shops of the ^IwdaywlS'. classes or kinds mentioned in the Fourth Schedule to this Act) shall Jjw "J^"4™^ in every week be closed from the hour of nine o'clock on Friday evening Ib , 77

and from the hour of one o'clock on Saturday afternoon. Factories and Provided that the Governor in Council may if he thinks fit from **Jf*Acl 1919

time to time and at any time make regulations— Factories and

(a) for substituting in any municipal district an earlier hour». 10 <i). of closing than the said hour of nine o'clock on Friday F°"rth

° J Schedule. evening.

(b) for substituting in any municipal district or specified locality Power ol fixing outside the Metropolitan District a later hour of closing o'^S^"" than the said hour of nine o'clock on Friday evening. SJSStXJ111

Provided also that all regulations made under or pursuant to para- ™g>*"*i<»»-graph (a) of section seventy-seven of the Factories and Shops Art 1915 Jfj.*-10 (3) <4)

or any corresponding previous enactment and in force on the thirtieth day of June 1928 shall continue in operation as if the Factories and Shops Act 1927 and this Act had not passed but any such regulation may at any time be revoked by the Governor in Council by Order published in the Government Gazette.

(a) The history of " early closing " and weekly Provisions dealing with farriers' work-shops half-holiday legislation discussed.—In re Hooker. are included in this Part. See section 88. (1905)V.L.R, 680.


Factories and Shops Act 1915 ». 78. Petitions.

7 8 . No regulations shall be made nuder the last preceding section unless a petition therefor has previously been addressed to the Governor in Council and forwarded to the Minister.

79. Such petition shall be signed by a majority of all the shopkeepers (exclusive of hawkers and pedlers) keeping shops within the municipal district or specified locality to be affected of the classes or class of shops to be affected.

80 . I t shall be the duty of an officer of the Department of Labour to certify how many of the persons signing such petition are shopkeepers (exclusive of hawkers and pedlers) keeping shops within any municipal district to which the petition relates or within such specified locality of the classes or class of shops to be affected by the regulations 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 or specified locali ty.

References to 8 1 . I n this Division and in Divisions two and three of this P a r t Foc°wrfe» and w n e r e a n y particular hour is specified such hour shall unless otherwise shops Act 1015 expressed refer to such hour after noon and where a shop is required

to be closed from a specified hour it shall be kept closed for the

Signatures to petitions. lb. s. 79.

Officer of Department to certify. lb. s. SO. Factories and Shops Act 1827 «. 13.

s. 81. Factories and .

shops Act 1919 remainder of the day. ». 4(4). '

DIVISION 2.—HOUBS OF CLOSING IN THE METROPOLITAN DISTRICT Metropolitan district. Factories and Shops Act 1915 • .82. Factories and Shops Act 1919 • . 6 . Factories and Shops Act 1927 «.14.

Power of Governor In Council to extend the Metropolitan District. Hoars for closing shops. Factories and Shops Ad 1915 (.83. Factories and Shops Act 1919 «. 4 (2) (6). Fourth Schedule. Bread shops, confectionery and pastry shops eating houses fish and oyster shops flower shops fruit and vegetable shops booksellers' and news agents' shopB oooked meat (other than tinned meat) shops. Fourth Sohedule. Factories and Shops Act 1915 4. 84.

82 . (1) For the purposes of this Act the municipal districts of Box Hill Brighton Brunswick Camberwell Caulfield Coburg Collingwood Essendon Fitzroy Footscray Hawthorn Kew Malvern Melbourne Northcote Oakleigh Port Melbourne Prahran Preston Richmond South Melbourne St. Kilda and Williamstown and the Central and Southern ridings of the Shire of Braybrook the Shire of Heidelberg (except the Greensborough riding) and the lands vested in The Melbourne Harbor Trust Commissioners shall form one district to be called the Metropolitan District.

(2) The Governor in Council may by Order published in the Government Gazette extend the Metropolitan District by including within the Metropolitan District any adjoining municipal district or portion thereof.

General.

8 3 . 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 Metropolitan 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.

Fourth Schedule Shops.

8 4 . (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 Ficionn an,i in and throughout the whole of such Metropolitan District or in and in^ef"?! throughout any one municipal district or any two or more contiguous Factories and municipal districts (as the case may be) within such Metropolitan ,. if* cl'922

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 honrs fixed by such regulations and permitting such closed shops to re-open on such stated day or days from such to0portionCoflon

other hour or hours as may be fixed by such regulation. ^^ ' u r n e of

Provided that no such regulation shall apply to fruit shops in the "Sing'£3°' area enclosed by Flinders-street, Spencer-street, Latrobe-street,Bh0^-. Victoria-street, and Spring-street in the city of Melbourne. sho*pT$n5t

(3) Such a regulation may be made as to shops of any class or 12. Act 19

kind so specified for any or all of the purposes aforesaid but shall Pr!1't1™[nary

in no case be made unless a petition therefor has previously been ^ J , ^ and addressed to the Grovernor in Council and forwarded to the Minister, simju Act 1915

(4) In the case of a regulation being desired as to any particular Regulation for class or kind of shops for the whole of the Metropolitan District ut^DutriT' such petition shall be signed by a majority of all the shopkeepers (exclusive of hawkers 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 municipal Regulation for district or for two or more contiguous municipal districts within the Sfttriot 'lor Metropolitan District such petition shall be signed by a majority of the ^"t

tr "°'J,8lth,n

shopkeepers (exclusive of hawkers and pedlers) of the particular class Metropolitan or kind to be affected keeping shops within such district or contiguous Distriot-districts.

(6) I t shall be the duty of an officer of the Department of Labour officer of to certify how many of the persons signing such petition a r e ^ 8 ^ ^ 1 1 * ' 0

shopkeepers (exclusive of hawkers and pedlers) keeping shops within Faamttani any municipal district to which the petition relates of the class or £Ai3*Act 1927

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 shopkeepers keeping such class or kind of shops within such municipal district.

(7) Notwithstanding any petition received by the Minister for the Shortest

amendment or repeal of any regulation made by the Governor in rSattons'. Council under the provisions of this section such regulation shall Factories and remain in force for not less than six months from and after the date Tsl'. A* m 6

of its publication in the Government Gazette.

8 5 . No shopkeeper who keeps his shop closed for the whole of Effect of closing any public holiday occurring in any week shall be deemed to be guilty hoiid«yUo

in respect to such week of a contravention of any provision of any /».«. 85. regulation under this Division providing for the closing on one after- |^"J* noon 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.


Butchers'" Shops. Factories and 86 . (]) All shops within the Metropolitan District for the sale «Jof2)*?21920 of fresh uncooked meat shall be closed and kept closed in every Hours for week— •hopo. On Monday Tuesday Wednesday Thursday and F r iday until the

hour of half-past seven o'clock in the morn ing ;

On Saturday until the hour of six o'clock in the morning. (2) All' such shops shall be closed in every week—

On Monday Tuesday Wednesday and Thursday from the hour of five o'clock in the evening ;

On Friday from the hour of six o'clock in the evening ; On Saturday from the hour of half-past twelve o'clock in the

afternoon ; Public hoiwayB. but may be kept open until eight 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.

Hairdressers'' and Tobacconists'' Shops. Hairdressers' 8 7 . All hairdressers' shops and all tobacconists' shops within the C i r " * ' Metropolitan District shall be clcsed<«> in every week :— DiSct0"tan On Monday Tuesday Wednesday and Thursday from the hour Factories and of seven o'clock ; Shops Act 1919

»• < <«). On Friday from the hour of nine o'clock ; and siu>ju let I B S 7 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.

Farriers' Work-shops. Hours durmg _ 8 8 . (1) All farriers' work-shops within the Metropolitan District, work-shopsto shall be closed and kept closed in every week— a B 3g ' On Monday Tuesday Wednesday Thursday Friday and Saturday

until the hour of half-past six o'clock in the morning. All such work-shops shall be closed in every week—

On Monday Tuesday Wednesday Thursday and Friday from the hour of five o'clock in the evening ;

On Saturday from the hour of eleven o'clock in the forenoon. (2) Every person.who contravenes any of the provisions of this

section shall be guilty of an offence against this Act and shall for the first offence be liable 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.

(3) In any proceedings under this section for the recovery of a penalty it shall be a sufficient defence if it is proved that the work-shop was open during the hours specified in sub-section (1) for the sole purpose of putting a temporary shoe on a horse.

(a) Semble, a hairdresser shall not after the hour fixed for dosing oommenoe to shave or dress tho hair of a oostomer.—Powell v. Kierulf, 24 V.L.R., 851.

No. 3677.] FACTORIES AND SHOPS ACT 1928. 425-

Small Shops. 8 9 . The expression "small shops" means those shops which Factoriesana

would except for the following provisions of this Act be required to t^Act 1915

close at the times specified in section eighty-three or eighty-six Definition of and wherein only one assistant (whether paid or unpaid) is engaged sma 8 op8' or employed and the shopkeeper whereof and the assistant (if any) are registered as hereinafter provided.

90. Small shops and the keepers thereof and assistants therein Registration shall be registered annually by the Chief Inspector. /j™"""iT •

9 1 . (1) The registration of a shop as a small shop and of the Registration OJ keeper thereof and of any assistant therein may be allowed in cases of ^ a " yj0ps' 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 husband, 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.

92. Every keeper of a small shop who is assisted by or employs an penalty, unregistered assistant shall be guilty of an offence and shall be liable «-»-92-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 two years.

9 3 . Small shops shall in every week be closed— Closing of small

On Monday Tuesday Wednesday and Thursday from the hour y ^ ^ s and ^ of eight o'clock; . shops Act 1919 '

On Friday from the hour of nine o'clock ; and On Saturday from the hour of one o'clock.

DIVISION 3.—HOURS OF CLOSING OUTSIDE THE METROPOLITAN DISTRICT.

94 . The provisions contained in this Division shall have no force ?0M|X&U^}[J™ or effect within the Metropolitan District. District.

Factories and Shops Act 1915

General. >• os. 95 . All shops outside the Metropolitan District (other than Hours forclosinjr

shops for the sale of fresh uncooked meat, hairdressers' shops, metropolitan' tobacconi:-ts' shops and shops of the classes or kinds mentioned in the dfoMot. Fourth Schedule) shall be closed on Monday Tuesday Wednesday and ^'Jj^t and Thursday from the hour of seven o'clock but may be permitted to be ShopsActmo kept open later or be required to be closed earlier during such hours as J ^h'scueduie shall be specified on Monday Tuesday Wednesday or Thursday under any by-lawM made or to be made under the authority of this Division or any corresponding previous enactment and may be kept open until

(a) Where the existence of something purport- should not ignore it because it is alleged to be ing to be a by-law extending the hours for keeping ultra vires.—Powell v. Kierul), 24 V.L.R., 851. open is admitted by the prosecution the justices


Factoriet and nine o'clock in the evening on the day immediately preceding a public Shops Act 1916. holiday when such shops arc closed for the whole of such public

holiday.

Fourth Schedule Shops. 96. Any municipal council may if it thinks fit at any time make Power to

municipal •council on petition to make by-laws fixinsr hours of closing of shops in Fourth Schedule. Factories and Shops Act 1915 e. 97.

Butchers' shop outside the Metropolitan District. lb. t. 98. Factories and Shops Act 1919 ». 4 (4). Factories and Shops Act 1927 «. 10.

Factories and Shops Act 1916 >.98.

alter and repeal by-laws in and for the municipality for all or any of the following purposes, namely : —

For requiring shops of any class or kind mentioned in the Fourth Schedule outside the Metropolitan District 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 horn- or hours as may be fixed by such by-law.

Such a by-law may be made as to shops of any class or kind so mentioned for any or all 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 shopkeepers (exclusive of hawkers and pedlers) within such municipal district keeping shops of the class or kind to be affected has been previously presented to the municipal council/"'

Butchers' Shops. 97 . (1) All shops outside 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 seven o'clock; On Friday from the hour of nine o'clock ; On Saturday from the hou? 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. Provided that all regulations made under or pursuant to section ninety-eight of the Factories and Shops Act 1915 or any corresponding previous enactment and in force on the Thirtieth day of June 1928 shall continue in operation as if the Factories and Shops Act 1927 and this Act had not passed but any such regulation may at nny time be revoked by the Governor in Council by Order published in the Government Gazette.

(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

(a) Under a former section it was decided that the certificate is sufficient if in general words it follows the language of the section and that though good in form it is not final and conclusive.— Ellis v. Horsley, 23 V.L.R., 609. Compare section 2 5 0 of this Act.

The presentation of a certified petition was held under a former section to be a condition precedent to tho making of any by-law or regulation.—Ellis v. Horsley (supra) distinguished.—Ex parte Craw-cour, 28 V.L.R., 406.

Xo. 3677.] FACTORIES AND SHOPS ACT 1928. 427

any Monday Tuesday Wednesday Thursday or Friday under any by-law Factories and

made or to be made under the authority of this Division or any Shop'Aa 1915' corresponding previous enactment.

Hairdressers' Shops and Tobacconists' Shops. 9 8 . Hairdressers' shops and tobacconists' shops outside the Hairdressers'

Metropolitan District shall be closed in every week as follows : — tobacconists-(a) In the cities of Ballarat, Bendigo and Warrnambool, and in the1**

the Geelong District and in the boroughs of Eaglehawk K ^ 1 " " " and Sebastopol— Pactorie, and

on Monday Tuesday Wednesday and Thursday from».n' the hour of seven o'clock ;

on Friday from the hour of ten o'clock ; and on Saturday from the hour of one o'clock—

but 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 :

Such shops may be permitted to be kept open later Or By-laws as to

be required to be closed earlier during such hours as are oiming'&o. specified on any Monday Tuesday Wednesday or Thursday under any by-law made or to be made under the authority of this Division or any corresponding previous enactment.

(6) In all other parts of Victoria outside the Metropolitan district—

(i) on Monday Tuesday and Thursday from the hour of seven o'clock ;

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— from the hour of one o'clock when the closing time on the preceding Wednesday was seven o'clock : or

from the hour of ten o'clock when the closing time on the preceding Wednesday was one o'clock,

but may be permitted to be kept open later or be required to be closed earlier during such hours as are specified on any Monday Tuesday or Thursday under any by-law made or to be made under the authority of this Division or any corresponding previous enactment 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.


Factories and Shops Act 1927. Choice of Wednesday or Saturday half-holiday In hairdresser's or tobacconist's shops outside Metropolitan Districts.

Shopkeeper having several shop3.

Period for which choice must be adhered to.

(u) The choice of a keeper of a hairdresser's shop or a tobacconist's shop outside the metropolitan district as to the closing time on Wednesday may be made in 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 ; and until he so makes such choice a hairdresser > or tobacconist shall be deemed to have chosen seven o'clock as the closing time for his shop on Wednesday. '"-

(iii) A hairdresser who has two or more shops or a tobacconist who has two or more shops outside the metropolit in district all of which are situate within one mile of each other 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 .<o)

(iv) When a hairdresser or a tobacconist has made a choice as aforesaid he shall not make another choice until after the expiration of three months therefrom.

Power to make by laws.

s. 100.

By-laws. 99. Any municipal council may if it thinks fit in the cases and

Fact • d f° r ^ e P u r P o s e s s e t forth in sections ninety-five ninety-seven and shops Act 1916 ninety-eight at any time make alter and repeal by-laws in and for the

municipality. 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 shopkeepers (exclusive of hawkers and pedlers) within such municipal district keeping shops of the class or kind to be affected has been previously presented to the municipal council.*6'

fovernor In Counoll may make regulations for closing of shops &c. lb. 1.101. Inconsistent by-laws of no effect

Power to fix hours of closing certain shops.

Regulations.

100 . (1) The Governor in Council may make regulations to have effect within any specified municipal district, 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 municipal 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 inconsistent 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.

(a) For a case as to choice under- a section formerly in force, see BUUngham v Oaff, 1907 V.L.R., 691.

(6) Sea Ellis v. HorsUy, 23 V.L.K., 609, and Ex parts Cmwcour, 20 V.L.R., "408, noted at seotion 03 ante.


(4^ In any case where by this Division a petition is required to be ractoru, and presented before the making of such by-law no regulation under this f%£ Aet 19Z7

section shall be made unless a like petition similarly signed has been previously addressed to the Governor in Council and forwarded to the Minister. *

(5) I t shall be the duty of an officer of the Department of Labour to certify whether or not siuh petition has been signed by a majority of the shopkeepers (exclusive of hawkers or 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 shortest amendment or repeal of any regulation made by the Governor in r^JX™. 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.

Geelong District. 1 0 1 . (1) For the purposes of this Act the City of Geelong the Geel0 district

Towns of Geelong West and Newtown and Chilwell the Moorpanyal shCtTZt'm"' riding of the Shire of Corio and such portions of the Kardinia and». 102. " Barwon ridings of the shire of South Barwon as are within a radius of sh^°"i'etisz7 four miles of the general post office at Geelong shall form one district «• & to be called the Geelong District.

(2) The Governor in Council may make regulations to have effect Regulations for

in and throughout the whole of such Geelong District providing for «eelonsfd'st"ot-any of the purposes for which a municipal council is by this Act snopTSitins empowered to make by-laws. '"102'

(3) No such regulation shall be made unless a petition therefor Preliminary has previously been addressed to the Governor in Council and for- Petiti°n-warded to the Minister.

(4) Such petition shall be signed by a majority of all the shop- Majority of keepers (exclusive of hawkers and pedlers) keeping shops within such *°e?gn.epers

district of the classes or class of shops to,be affected. (5) It shall be the duty of an officer of the Department of Labour to officer of

certify how m;my of the persons signing such petition are shopkeepers ^e£,*rt^

ent

(exclusive of hawkers and pedlers) keeping shops within each municipal Factoriet and district to which the petition relates of the classes or class of shops to J*«j*Act 1027

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 Geelong District where by-iaw made any regulation under this section then any provisions to the lJi{bCrepi"at?on contrary of any by-law previously or subsequently made by the council ?' Governor of any municipal district included in the Geelong District and any Factona>and provisions to the contrary of any regulation previously made by the shop. Act 1915 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 Minister for the shortest amendment or repeal of any regulation made by the Governor in fe

ugru^°8'.

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.


Factories and Shops Act 1U15 «. 103. Penalty for breach of regulation or by-law.

Offences against Regulations and By-laws.

102. Every person guilty of any offence against any regulation made pursuant to this Division or any corresponding previous enactment or against any by-law made by a municipal council in pursuance of this Division or any corresponding previous enactment shall, notwithstanding 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.

Permission to shopkeeper to keep shop open one hour later on certain days. Factories and Shops Act 1919 ». 8. For purposes of signing petitions certain shops and stalls In markets deemed not to be shops. Factories and Shops Act 1927 s. 12.

DIVISION 4.—GENERAL SHOP PROVISIONS.—SANITARY PROVISIONS.— HOURS OF WORK.—HALF-HOLIDAYS, REGISTRATION, ETC.

Miscellaneous. 103. Notwithstanding anything in this Act any shopkeeper may

keep his shop open one hour later than the hour fixed for closing by or under this Act on the Thursday immediately preceding Good Friday and on the last day on which the shop is open preceding Christmas Day in each year.

104. (1) For the purposes of the signing of petitions under this Act by shopkeepers—

(a) a shop shall be deemed not to be one of the class or kind to be affected by any such petition unless the shopkeeper proves to the satisfaction of an inspector that at least thirty per centum of the total value of the whole stock in such shop consists of goods of the kind usually sold in such class or kind of shop : Provided that this paragraph shall not affect hairdressers' shops ;

(b) a stall or standing in a market shall be deemed not to be a shop.

Penalty for employer detaining employe on hnlMioliday. Factoriet and Shops Act 1916 «. 104. Provision as to closing shop selling goo.is of variouR kinds. Ib.s. 105. Factories and Shops Act 1919 «. 10.

105. 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 offence in respect of each person so employed.

106. 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.(a)

(a) A shopkeeper who carries on in his shop any business in addition to a business of the kind specified in the Fourth Schedule must close such shop for all purposes during the hours when he is obliged to close it in respect of such first-mentioned business.

It is not necessary in a prosecution under this section to prove that a sale of goods in connexion with the business which is, apart from the section, required to be closed, took place during the prohibited hours. I t is sufficient to prove that such

business is ordinarily oarried on in the shop, and evidence as to two sales of such goods—one on the doy prior to, and one two days subsequently to, tho date of the alleged offence—was held admissible and sufficient for that purpose.—Silling-ham v. Oaff (1907) V.L.R., 691.

A ref la t ion prescribed that fruit and vegetable shopa should be closed during certain hours. The defendant had a shop consisting of a single room with a single entrance. On one side of a common passage in the centre of the shop fruit

ISTo. 3677.] FACTORIES AND SHOPS ACT 1928. 431

107. (1) Every occupier of a shop shall cause to be provided Factories and

suitable sitting accommodation for all persons employed in his shop in fltSt.**101* the proporti« n of one seat to every three persons employed ; such sitting sittme accom-accommodation shall be conveniently situated for the use of the persons plotted" in"bfr

for whom the same is provided. o'mployto. (2) The occupier of any shop shall allow every person employed

therein to make use of such sitting accommodation at all reasonable times during the day/a)

108. (1) The Minister may after due inquiry and subject to such pOWerto conditions as may appear requisite suspend the provisions of this Act provuions'a? which relate to shops in any building or place in which a public exhi- anv

iP[jl'lic

bition of works of industry and art or bazaar or fair for benevolent Or bazaar <£c. for

charitable purposes is being held, provided that such exhibition be not p^potraomy. carried on for the benefit or gain of any private persons. r*.«.i07.

(2) In the event of any breach of the conditions of such suspen- stmH?Ac?i9i» sion the same may at any time be revoked by the Minister. ••18-

Limitation of

109. A shopkeeper shall not charge any manager or .assistant amount of rent i • • j i. -J i i • b •• J • -ii a i chargeable to

who is required to reside on the premises in connexion with the shop resident in which the business of such shopkeeper is carried on a greater sum Sstantof as rent for such premises than Ten shillings per week. shopkeeper

•*• »j j. Factories and Shops Act 1915

110. Where any person carrying on the business of a hairdresser person to whom barber or tobacconist lets any chair or part of his shop to any other *a°r^r

r,g*^inls

person for the purposes of the business of a hairdresser or barber the let for purposes person to whom the chair or part of the shop is let shall be deemed to to be deemed to-

be the employe of the person who lets the same and shall be paid as J*a" emP'°v6' SUCU. Factories and

Shops Act 1927 «. 16.

1 1 1 . Where any person in any building room or place in any Penalty for sale municipal district and at any time when shops in such district are au0\

eionK°fterby

required by this Act to be closed sells by auction any new goods such hours for as are usually sold in any such shops such person (notwithstanding ^ " ^ e l 3 that he is a licensed auctioneer) shall be guilty of an offence against shops Act 1915 this Act.

112. Notwithstanding anything in this or any other Act the sale Sale of motor

from any shop after the hour when such shop should be closed of petrol nou"™.11"6' benzine or other motor spirit to travellers for the purpose of enabling it.s. m. them to continue any journey shall not be regarded as an offence.

was sold and on the other side pastry and con- shop on an isolated occasion was under a former fectionery. The portion of the shop in which Act held not to make the shop a tobacconist's shop fruit was sold was securely shut off by a substan- so as to bring it within this section and section tial partition at the time of closing prescribed 98.—Tipple v. Bongiorno, (1921) V.L.R., 523. and thereafter no fruit was sold, the shop remain- But see now section 229 (n). ing open for the sale of pastry and confec- (a) The sitting accommodation required by tionery. Held, that the shop must be closed this section to be provided by the occupier of for all purposes at the hour prescribed, and that every shop for the use of the employes in his the precaution taken was not sufficient to escape shop must be always available. I t is not a com-liability for a breach of the regulation.—Billing- pliance with that section if the seats provided, ham v. Oaff, (1907) V.L.R., 691, applied.— though of the requisite number, are available for Hall v. Hooker, (1921) V.L.R., 471. customers in the first instance.—Trainor v.

The sale of one packet of cigarettes in a fruit Younger, 13 A.L.R., 5 0 ; 28 A.L.T., 171.

432 FACTOKIES AND SHOPS ACT 1928. [19 GEO. V.

Facto tut and 1 1 3 . A registered pharmaceutical chemist shall not by reason shojuActiw o n jy ^ a t he has on request dispensed a prescription by a legally Dispensing or qualified medical practitioner efter the hours fixed by this Act for the lftorhouMlflxed closing of shops be deemed guilty of an offence against this Act unless ior oioaing. the door of the shop of such chemist is left open or unfastened during NO??0682'S.' «s. o r after the dispensing of such prescription.

Conveniences ^or employes. Pactoriet and Shops Act 1915 t.112.

Sanitary Provisions and Ventilation of Shops and Buildings. 114 . (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 pouads.

115 . (1) Every shop shall be provided by the occupier thereof with the prescribed means of ingress and egress and with the prescribed gangways stairways and passages (which shall not be obstructed) and with 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 overcrowded as to be dangerous or injurious to the persons of either employes or customers therein.

(3) Every person who contravenes any of the preceding provisions of thig section or of any reguletion made thereunder shall be guilty of an offence and shall be liable to a penalty of not more than Twenty-five pounds.

ventilation of 116. The occupier of every warehouse and every shop shall rhorpiOUBe8 a" provide such amount of ventilation as may be prescribed. Ib. 1.113.

Ingress egress &o. as to shops. lb. 1.113.

Hours of work of persons in shops limited. Ib. ».114.

Limitation of Hours of

117. (1) Except as in this section

Hours may be flxtended if notice given.

Work in Shops.

and in section one hundred and twenty-one 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.

(2) Any person may, if notice in writing has previously been sent to the chief inspector, be employed 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 en 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 Factories and

extended hours shall be paid not less than One shilling for tea money ^^one "id on each day overtime is worked, and shall be paid for such overtime overtime at the rate of time and a half for every hour or fraction of an hour so payment8" 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 proviso have been complied with shall in all cases be on the defendant.

(3) No person shall be employed in any shop more than five hours intervals for without an interval of at least half-an-hour for a meal. moals-

(4) No male under sixteen years of age or female who has been previous previously employed during the same day in a factory shall be employed ^Je°^*n t on

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 contravention of this Penalty, section occurs shall be liable for the first offence to a penalty of not more than Five pounds and for every subsequent offence to a penalty of not less than Two nor more than Twenty pounds.

118. Where any person is employed in any capacity in any shop How hours oj during any day or week, then all the time during which such person is tokened.10 ^ employed at any work whatsoever for the occupier of the shop during it.«. us. such day or week shall be deemed for the purposes of this Act to have been time worked in such shop.

119. Any municipal council outside the Metropolitan District m a y By-laws,

if it thinks fit at any time make alter and repeal by-laws in and for"-«u«-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.

120. Every occupier of any shop wheresoever situated in Victoria weekly hau-whether in a shire or not other than a shop of one of the kinds mentioned J"11^' in the next succeeding section shall cause and permit*"' 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 afternoon of some day in each week other than a Sunday.

(a) Under this section it is the duty of the ment in this shop had her name added to this list oocupier of a shop to intimate to his employes each week for the first few weeks after her return on what day of the week they are to take a half- but upon one week her name was accidentally holiday. The word " permit" in the section is omitted, unknown to the defendant, and the em-to be construed as meaning " give or signify per- ploye, who noticed the omission, did not draw mission to," the intention of the Legislature attention thereto, as she did not desire a holiday being that eaoh employe is to have and take a in that particular week, .and she did not ask for half-holiday.—Martin v. McCann, 22 V.L.R., 553. and did not take her half-holiday in that week.

It was the practice of the defendant to post in Held, that the defendant should be convicted bis shop a list of all the persons employed by for not having permitted the employe to have and him, with the particular day opposite to each name take a half-holiday within the meaning of the on whioh the half-holiday was to be taken. An section.—EUis v. Hartley, 27 V.L.E., 31. employe who had recently returned to employ-

VOL. n.—28

434 FACTOKIES AND SHOPS ACT 1928. [19 GEO. V.

Hours of Work and Half-holidays in certain Shops, Hotels, Clubs, Sfc. Factories and 1 2 1 . Except as hereinafter provided no female shall be employed ^e.Aet 1916 f ° r more t h a n fifty-six hours and no ma le for more t h a n fifty-eight Hours of hours excluding meal t imes in any one week— employment in i \ •

certain shops &c. (a) in any— Factories and coffee palace, fn"<i)?1919 confectionery and pastry shop, Factories and bread shop, s^sActim eating-house,

fish or oyster shop, iower 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

(b) in the trade or business of a caterer. Overtime. 122 . Any person employed in any such shop or trade or business Factories and mfty with the written consent of the chief inspector be employed Shops Act 1916 . • / • ,• . T . i • I 1.119. overt ime tor any t ime not exceeding ten hours in any one week :

Provided that— (a) the number of weeks in any year in which any person is sa

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, whole holiday 1 2 3 . In cases where any of such shops are usually kept open or

• J" ber wenSi1n0p" such trade or business is usually carried on, on all the seven days of each week. faQ week, the person having the management thereof shall cause and FoJtorfe* and P e r m i t e a c n person employed therein to have and take in each week simps Act 1919 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.

Half-holiday in 124 . In all cases included in section one hundred and twenty-certain shops. o n e a n ( j Q0£ provi(ie(3 for [n section one hundred and twenty-three the simps™!* 1915 person having the management of the shop or trade or business FOJOTW and 8 n a ^ cause and permit each person employed therein to take a half-shops Act 1919 holiday from the hour of two o'clock in the afternoon of Monday, * 'u (3)' Tuesday, Wednesday, Thursday, Friday, or (Saturday in each week.

Inspection of Shops. power-of 125 . Every inspector shall for the purposes of the execution ^lltoHa'and °^ * m s -^c^ n a v e power to do all or any of the following things shops Act 1915 namely:—

(a) to enter for the purposes of this Act at all reasonable 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 :

No. 3677.] FACTORIES AND SHOPS ACT 1928. 4S5

(b) to enter inspect and examine at all reasonable times by day Factories and

or night any place whatsoever when he has reasonable Sho>"Act i e i5 ' 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 piecework 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 ;

(e) to examine either alone or in the presence of the employer his agent or servant with respect to matters under this Act every person whom the inspector has reasonable cause to believe to be or to have been within the preceding two months employed 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 ; and

( / ) to exercise such other powers as may be necessary for carrying this Act into effect.

126 . (1) Every inspector when entering inspecting and examining inapcctormay any shop pursuant to any of the provisions of this Act may take with {}£ «|jcomPl"»<!<> him into such shop any person who in the opinion of such inspector- is interpreter, qualified to act as an interpreter. . n- '•12s-

(2) Any inquiry or requisition to any occupier or his agent or Efiedtof employe" or any person made on behalf of such inspector by the person !lJt8UJpTeteCr.by

so acting as interpreter shall fpr all purposes be deemed to have, been actually made by the inspector, and the answer thereto when made by an occupier agent employ^or person to the person acting as interpreter shall be deemed to have been actually made to the inspector.

(3) Every person who obstructs any person so acting as an inter- obstruction of preter shall be deemed to have obstructed the inspector in the execution in.tcri,r<,ter-of his duties and shall be punishable accordingly.

127 . (1) Every person who— ' obstruction of (a) wilfully delays an inspector in the exercise of any power ln*Pector-

under this Act, or (b) 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 sorto conceal or prevent a person, • .

shall be deemed to obstruct an inspector in the execution of his duties under this Act.<a>

i a) See also section 20.


Notice of occupation of shops. lb. 3. 125.

Contents of notice.

Factories and (2) No person shall be required under this section or the two last Bvio! ^f m 5 ' P r ec eding sections to answer any question or give any evidence tending

to criminate himself. Registration of Shops.

128. (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 becomes for the

first time or after a period of disuse again becomes a shop shall within fourteen 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.

(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 or in respect of any dairy which holds an annual licence as a dairy under the Milk and Dairy Supercision Act 1928.

(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 May in each year •'; but when any shop is first occupied after the thirty-first day of August in any year the fees to be paid on registration for the current year shall be one-half of the annual fees.

(6) Every person or body of persons in occupation of any shop not registered as required by this Act shall be liable to a penalty of not more than Ten pounds.

(7) The registration fee to be paid in respect of every shop shall be that specified in the Second Schedule.

(8) Nothing in this section shall apply to hawkers or pedlers.

Record of Employes tfc. to be kept in Shops fyc.

129. (1) Every occupier of a shop and every employer of any person engaged in any process trade business or occupation which is or may become subject to the provisions of a Wages Board shall make a true record in such form and giving such particulars as may be prescribed 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 demanded by the inspector and a true copy thereof

Registration.

No fee for small shops or dairies. Factories and Shop) Act 1919 J. 23. Factories and Shops Act 1927 g.19. " Year " for which shop registered. Factories and Shop) Act 1915 e. 125. Penalty for non.' registration.

Scale of fees. Factories and Shops Act 1922 a. 4. Second Schedule. Hawkers and pedlers exempted Factories and Shops Act 1915 s. 125. Record of employe* to be kept. In. s. 128.


shall be forwarded annually to the chief inspector at such time aS Factories and may be prescribed or whenever demanded for the purpose of p*^"^ ' " ^ preparing statistics for the information of either House of Parliament records, or for the information of the Governor in Council in connexion with fjJ^J"i92o the appointment of a Wages Board. >• 2 (2) («).

(2) There shall be kept printed painted or affixed in legible Information to Roman characters in some conspicuous place at or near the entrance of ahop™tod *" each and every shop, and in such other parts as an inspector from time Factories and to time directs, and in such a position as to be easily read by the persons f*Jie.'4e'm5

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 prescribed, or as may be directed by the Minister.

(3) There shall also be kept printed painted or affixed in legible Name of Roman characters, in such place as an inspector may direct or approve, Soatedeoat»£e near to the outside of the principal outer door of every shop the name of 8n°P-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) Every person contravening any of the provisions of this section Penalty, 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. 130.'a> (1) (a) No person shall cart or permit any other person Restriction of

in his employment to cart any goods wares merchandise or materials cartJng°goods, whatsoever'6'— &c-

lb. t. 127. (i) before half-past seven o'clock in the morning ; Factories ant (ii) after half-past one o'clock in the afternoon on any day f^'i^f1922

on which the usual weekly half-holiday for shops as provided under section seventy-seven of this Act is observed in the locality ;

(iii) after nine o'clock in the evening on any day of the week on which such shops are closed latest in the locality;

(iv) after half-past seven o'clock in the evening on any other day of the week.

(b) The restrictions contained in this sub-section shall not Exemptions v ' 1 , from restrictions

a p p l y tO of hours of Cab drivers; £ £ • • ' Persons driving tramway cars or motor omnibuses for Factories am

Stums Act 1922 conveying passengers ; .. iS(2).

Persons carting perishable articles of human food ; Persons carting parcels of laundry-work ; Persons carting flowers to market ; Persons carting newspapers ; Persons carting materials for the repair of tramways ;

(a) See section 6. not apply to a person carting hiB own goods for (6) This restriction relates only to carting his own purposes, or to a volonteer assisting

done by way of carrying on a business. It does him.—darner v. Waller, (1920) V.L.R., 207.

438 F A C T O R I E S A N D S H O P S ACT 1928. [19 GEO. V.

Factories and Persons cart ing materials for repairing purposes in case shops Act 1922. Q j . ft breakdown j n connexion with waterworks,

sewerage works, electric l ight works, gasworks or any other public uti l i ty 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 cart ing 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 Apri l next following) persons cart ing aerated waters cordials or ice.

FoetoMM on* (2) On the evening immediately preceding a public holiday cartage «. 1 7. may be continued until ten o'clock. shops Act 1922 (3) Any person may if permitted in writing by the chief inspector Permission to do e employed in such carting either before or after the hours mentioned carting after in this section provided tha t such person is paid a t the rate of Two

shillings for each hour for such cart ing.

Country carter 1 3 1 . Nothing in this Act shall be taken to prevent any person arriving late in w | j 0 ^&s c a r t e d any goods wares merchandise or materials whatsoever Factories ant from outside completing his journey in any city or town or in any sho^ Act ins borough o r p a r t 0 f a s ] j j r e 4 0 which this P a r t has been extended

after the hours stated in the last preceding section to the extent only of taking the horse or other animal car t and goods into a yard but such goods shall not be unloaded until the next day.

Limitation of 1 3 2 . The Governor in Council may make regulations to have aToa°rJe°r"ri6rs effect within the Metropolitan District and all cities and towns— Ib- "•129- (a) l imiting 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

weekly ha«- (b) providing t h a t every person (with such exceptions as may rarttrT'0' be stated in any such regulation) so employed shall

dur ing such hours as may be specified in the regulation have<a) a half-holiday on Saturday in each week iu 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 paragrapli 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 t ime such person

(a) The employer under a regulation following the words of this section is bound to see that the oarter has a half-holiday.—Dangerfield v. McDonald <b Co., 1914 V.L.R., 357.


is employed at any work whatsoever by his employer shall be deemed Factories and for the purposes of this section to be time worked as a carrier or carter Sl>01" Act 1915,

or in assisting such carrier or carter (as the case may be).(a)

133. Any person employing a carter or stableman for the Time-book for purposes of any trade or business subje.ct to a determination of a SabiemeD? Wages Board shall keep or cause to be kept a time-book in which it.«. iso. such carter's or stableman'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 employed exceeds six, cards containing the same particulars as the time-book may be kept. It shall be the 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 prescribed.

134. No shopkeeper shall require or permit any apprentice or Number of improver employed in the business carried on by such shopkeeper to cart apprentice's o? or deliver goods for a longer time than twenty-six hours out of the ."^mly be total number of working hours in any week. employed in

^ cartiug &c. 135. Where in pursuance of regulations any carter is with the paaorUsand

written permission of the chief inspector employed for any time beyond **°g*Aet 1927

the hours named in such regulations, each carter who works such over- Payment for time shall be paid not less than Sixpence for tea money on each day ™g™eto

overtime is worked and shall be paid for such overtime at the rate of Factories am time and a half for every hour or fraction of an hour so worked, f*gxAatin* 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.

PART VII.—WAGES BOARDS. Existing boards confirmed. DIVISION 1.—APPOINTMENT OF BOARDS.

136. (1) Every Wages Board purporting to have been appointed "• ••133-prior to the commencement of this Act shall be deemed to have been s?^sCMm.»' validly appointed. «•2-

(2) Where before the commencement of the Factories and Shops appoint wages Act 1920 a resolution has been passed by both Houses of Parliament InTprolfess declaring or where after the commencement of the said Act the o?So0uSat"on! Governor in Council by Order published in the Government Gazette Factories and declares that it is expedient to appoint any Wages Board to determine f!^3.Act 1915

the lowest prices or rates which may be paid to any person or persons Factories and or classes of persons employed in any trade or any group of trades ,^'Act 1 9 2 °

(a) A carter employed by a contracting carrier, having delivered at a hotel in the city of Prahran barrels of beer which he had carted from a brewery, placed on his lorry certain empty barrels and orates to be returned to the brewery, and pro-ceeded to his employer's stables in the city of Richmond, where he did not arrive until after half-past seven o'clock in the evening, his intention being

to deliver the barrels and crates at the brewery the next day. l ie was prosecuted on an information charging him with having unlawfully carted goods after half-past seven o'clock in the evening in the city of Richmond.

Held, that the carter should have been convicted of the offence with which he was charged.— PemberUm v. Ban-field, 15 C.L.R., 322.


Factories and specified in the resolution or in the Order (as the case may be) or where shops Act 1020. a n y ^ a g e s Board has prior to the commencement of this Act been

appointed for any process trade business or occupation or any group thereof the Governor in Council may if he thinks fit from time to time—

(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*0* ; and

(b) direct that any Wages Board may in any regulation determination order instrument or legal proceeding be described for all purposes by some short title ; and

(c) define the area or locality (including the whole or any part or parts of Victoria) within which the determination of each of such Wages Boards shall be operative: and extend or re-define any such area or locality ; and

(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 purpose deprive any Wages Board of any of its powers and confer them upon any other Wages Board.

(3) When any Wages Board is deprived of any of its powers pursuant to this section any determination thereof or of the Court of

USS"^* "wis I ^us t r i a l Appeals made before such deprivation under any power of «.iSs. which the Wages Board is deprived shall continue in operation until

superseded by a determination of the Wages Board upon which such power is conferred, and upon such determination being made shall cease to have effect.

(4) Where under this section the area or locality within which the determination of any Wages Board is to be operative is extended so as to include any part or parts of Victoria outside the Metropolitan District or outside any city town or borough the Governor in Council if in any case he thinks it necessary may appoint a new Wages Board to take the place of the Wages Board the operation of whose determination is so extended.

(5) Where any new Wages Board is so appointed any determination of the Board whose place it takes or of the Court of Industrial Appeals theretofore made shall within the area or locality for which the determination was made continue in operation until superseded by a determination of the new Wages Board and upon such determination being made shall cease to have effect.

(6) Each Wages Board shall consist of not less than four nor more than ten members and a chairman.

power to revoke 137. In order to carry out more effectually the purposes of this Order In Council Act as to Wages Boards any Order in Council made pursuant to the appointment 'o°r Po wers conferred by the last preceding section or the Factories and wages Board. Shops Act 1920 may be revoked altered or varied by Order in Council ^h^s'ctuzo a n ^ a n y resolution of Parliament in force at the commencement of the «.3. Factories and Shops Act 1920 or this Act declaring that it is expedient

(o) I t was held under a former Act that all of Labour.—Goldman v. Th» Chief Inspector of wages boards muBt be appointed by the Governor Factories (No.l), (1924) V.L.R., 33. But see now in Council except in cases where an express power section 140 (1). of appointment is given by the Aot to the Minister

3So. 3677.] FACTORIES AND SHOPS ACT 1928. 441

to appoint any Wages Board may be revoked altered or varied by FactaHa and Order in Council as if it were an Order in Council under the Factories Sh<"" Aet 1Q20' and Shops Act 1920 or this Act, and if in any case the Governor in Council thinks it necessary or expedient in order to give effect to any revocation alteration or variation authorized by this section the Governor in Council may by Order abolish any Wages Board and appoint a new Wages Board or new Wages Boards to take its place.

138. In this Part and in Parts VII I . and IX. and in or in Definition oi connexion with the determination of any Wages Board or of the Court Fa^^s and of Industrial Appeals " t r a d e " includes "process" or " t r a d e " or Short Act 191& "business" or "occupation " or all or some of them as the case may %%£eL „ reauire>) Bevition Act

u 1916 1. 2. 139. (1) The Governor in Council may by an order published in Power to extend

the Government Gazette extend the powers under this Act of any Wages Srd?'W a g e s

Board so that such Board may fix the lowest prices or rates for any FactorUt and trade or part of any such trade which in the opinion of the Governor in ,. 135. * m f r

Council is of the same or similar class or character as that for which such Board was appointed, and such Board shall as regards the trade mentioned in the extending Order in Council have all the powers conferred on a Wages Board by this Act.

(2) A copy of the Government Gazette containing an order so Evidence, extending the powers of a Wages Board shall be conclusive evidence of the making of such order and such order shall hot be liable to be challenged or disputed in any court whatever.

140. (1) All appointments and re-appointments of members Appointment o» of Wages Boards shall be made in accordance with the provisions of wagaTBoards. this Act by the Minister. Factories and

(2) One-half of the members of a Wages Board shall be f & a i ? ' i m

appointed as representatives of employers and one-half as representa- constitution of tives of employes. board.

(3) The representatives of the employers shall be bond fide and stops Act 1915 actual employers in the trade concerned or shall have been so for six '•189-

months during the three years immediately preceding their appointment and the representatives of the employes shall be actual and bond fide employes in such trade or shall have been so for six months during the three years immediately preceding their appointment.

(4) In any case where one-fifth of the employers or employes Representative in any trade carry on or are engaged in such trade outside the onwdcfthe Metropolitan District as defined in this Act one at least of the persons d^teSS!,utan

nominated as hereinafter provided as representatives of employers Factories and

and one at least of the persons nominated as hereinafter provided as f.*^*Aa 1927

representatives of employes shall be a person who resides and who carries on or is engaged in or has carried on or been engaged in (as the case may be) such trade outside the said Metropolitan District.

(5) In any case where after the lapse of three months from the ^"beno?* °* date of the Order in Council for the appointment of any Wages *««<» b°<"ds Board or from the expiration of the term of office (as hereinafter qualified provided) of members of any Wages Board a sufficient number of ?o"ctn9 wlUlng

qualified employers or employes willing to act as members of the Factories and Board has not been found the Minister may appoint any persons who sh°P*Actl9Z

(a) See Bishop v. Shire of Upper Tarra, noted to section 233.


Factories and Shops Act 19^2.

Term of office of members of wages board. lb. i. 17. Factories and Shops Act 1927 «. 22. Re-appointment.

Chairman. Factories and Shops Act 1922

Removal of members.

Provision for appointment after nomi nation of representative members of wages board without previous election. Factories and Shops Act 1915 S..137. Factories and Shops Act 1927 s. 22. Objections to nominated members. Appointments. Rolls of electors.

have been engaged in the trade concerned to be representatives of the employers or the employes on such Board.

(6) (a) Appointments and re-appointments as members of any Wages Board shall be for a period terminating on the thirtieth day of September next following the date of the appointment or re-appointment.

(b) The members (other than the chairman) of any Wages Board may on the expiration of their term of office be re-appointed by the Minister for the next following term without previous nomination or election ; but if within the month of September in any year any association of employers or of employes subject to such Wages Board give notice in writing to the Minister that they object to the re-appointment of such members or of any specified member or members appointed as their representatives (as the case may be) then the appointment of all the members of the Wages Board (other than the chairman) for the next following term shall be made by the Minister in the manner provided by this Act for the appointment of members of a new Wages Board.

(c) The chairman of a Wages Board shall be deemed and taken to be a member thereof, and shall without further nomination or appointment continue to hold office as chairman after the expiration of the term of office of the other members, unless within fourteen days after the appointment or re-appointment of the members of the Wages Board under the last preceding paragraph at least one-half of such members (other than the chairman) make a request in writing to the Minister that a new chairman be appointed, in which case the appointment of the chairman shall be made in the manner provided by this Act for the appointment of a chairman of a Wages Board, and the first-mentioned chairman shall thereupon go out of office.(a)

(d) The Governor in Council may at any time remove any member of a Wages Board.

141 . (1) Before appointing the members of any Wag^s Board the Minister may by notice published in the Government Gazette nominate persons as representatives of employers and representatives of employes to be appointed by him as members of such Wages Board.

(2) Unless within twenty-one days after the date when such nominations are so published at least one-fifth of the employers or at least one-fifth of the adult employes respectively engaged in the trade subject to such Wages Board give notice in writing to the Minister that they object to the appointment of the persons nominated as their representatives (as the case may be) then such persons so nominated may be appointed by him members of the Wages Board.

(3) For the purpose of furnishing the information necessary for preparing rolls of electors (none of whom shall be under the age of

(a) Where the members of a Board on their appointment or re-appointment cannot agree upon the nomination of a chairman the Minister has no power under section 144 to re-appoint as

chairman the person who was chairman of the immediately pre-existing board.—Ooldman v . The Chief Inspector of Factories (No. 2), (1924) V.L.R.. 92 .

:NTo.. 3677.] FACTORIES AND SHOPS ACT 1928. 443

•eighteen years) for Wages Boards in any trade all employers shall Factories and send to the chief inspector their names and addresses and also the sh"p'Aet 1915' names and addresses of all employes not under eighteen years of age, in the form or to the effect of the Fifth Schedule, and the chiefFl,th schedule. 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.

Every employe not under eighteen years of age who produces evidence to the satisfaction of the chief inspector 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 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 nominated as repre- ^ S ™ " to

sentatives have been objected to by at 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 Minister if he is satisfied that there is substantial objection to the persons nominated by him as representatives of employers or employes on such Wages Board 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 not been lodged may decide that an election shall be held.

(5) If the Minister is satisfied that at least one-fifth of the em- Provision tor ployers or of the adult employes object within the time aforesaid to the nominee" persons nominated as their representatives or that otlierwise there is one-nan.'0 by

substantial objection then such representatives of employers or such Factories and

representatives of employes shall subject to the provisions of this Act **$£ Aet 1927

be elected in the manner prescribed by regulations made by the Governor in Council and shall be appointed by the Minister accordingly to be members of the Wages Board.

142. If the number of persons nominated as representatives of Appointment

employers or employes (as the case may be) does not exceed the number u0tna.nomina'

of persons to be elected the persons nominated shall be deemed and Factories and taken to have been elected and shall be appointed by the Minister f.hisLAet 1915

accordingly to be members of the Wages Board. rae,0Tie' ""£„„ ° J ° Shops Act 1922

f. 14 (1). 143. In the event of any vacancy occurring from any cause what- Minister may

.soever in any Wages Board the Minister may without previous nomina- J rtalnVaseB. tion or election appoint a person as representative of employers or Factories and employes as the case may require and the person so appointed shall be fh^,lAct 191S

deemed and taken to have been elected by such employers or employe's Factories and (as the case may be); and such person shall be so appointed for the «. I J ' I J ?

unexpired portion of the term of office of the member who dies or resigns or is removed.

444 FAOTOEIES A N D S H O P S ACT 1928. [19 GEO. V.

Factories and Shops Act 1915 «. 140. Nomination and appointment of chairman of wages board. Factories and Shops Act 1922 e. 14 (1) (2).

DIVISION 2.—APPOINTMENT OF CHAIRMAN.

1 4 4 . (1) The members of a Wages Board shall within fourteen days after their appointment nominate in writing some person (not being one of such members) to be chairman of such Wages Board and such person shall be appointed by the Minister 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 Minister'"' may appoint the chairman.

Ib. e. IB.

DIVISION 3.—POWEES AND FUNCTIONS OF BOARDS.(w

Wages Board to 1 4 5 . (1) Every Wages Board in relation to the trade specified in numberoi hours and in accordance with the terms of its appointment— in week's work. ^ s j j a ^ determine the number of hours which shall constitute

an ordinary week's work and notwithstanding that in this Act or in any regulations hereunder the number of hours for which any person may be employed in any week or the overtime rates of pay for any class or classes of workers are fixed may fix a less number of hours or higher overtime rates (as the case may be) ;

(a) See Goldman v. Chief Inspector of Factories (No. 2), (1924) V.L.R. 92.

(6) An appeal from the determination of a special board is in the nature of a re-hearing, and the court is not limited to the materials before the board.—In re The Bread Board, 13 A.L.R., 589; In re The Ice Board, 1 6 A.L.R., 46.

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 betaken into consideration in fixing a minimum wage must be of a permanent oharaoter. The current wage will not be altered for some mere passing temporary or fluctuating oause, 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 oourt 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.R., 46.

Where, by the determination of a special board, a rate of wage was presoribed (a) for labourers assisting in manufacturing work (except a specified class of them), and (6) for labourers employed in that specified class, and for all other labourers not provided for in the determination, the court directed that the employes included in the two groups should be classified according to the nature of the work to be done, and that the rate of wages should be fixed according to the degree of skill .and of onerousness, or risk to health, in each class.

Wages rates will not be fixed on the basis of the ability of the individual worker.

Observations on the evidence required to warrant an increase on the current wage by reason of increased cost of living.—Be The Boilermaker* Board, 18 A.L.R... 399.

Difference of the sex of employes is generally to bo considered in fixing their wages under the Factories and Shops Act.

Under existing legislation and in existing ciroum-stancss the oourt declined to fix equal rates of pay disregarding sex. It is the duty of special 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.

Qucere, whether a board and the oourt may lawfully tako the experience of employes into consideration in the cases of persons over the age of twenty-one years.

In ra The Commercial Clerks Board, 19 A.L.R., 142. la re the Confectioners Board, 36 A.L.T.,23. And ess notes to section 184.


(6) shall fix the lowest rates per hour or per week to he paid Facto™* and for an ordinary week's work (hereinafter referred to as '!?Aops *ct m 2 '

j - j. » \ J - . I L r x J F'lOrdlnary •'ordinary wages rates ) and, in the case ol any trade wages rates. not usually carried on in a factory or shop, determine the question whether it is expedient to fix rates for casual labour and may fix them accordingly ;

(e) shall fix higher .wages rates to be paid for overtime ; and overtime rates. for that purpose it shall exercise the powers set out in any one but not more than one of the sub-paragraphs (i) (ii) (iii) (iv) or (v) of this paragraph :—

(i) I t may fix an overtime rate for any hour or weekly fraction of an hour worked in any week inover t im8 r8tes-excess of the number of hours determined for an ordinary week's work ; or

(ii) I t may fix the hour of beginning and the hour of overtime rates ending work on each day; and in that case J^tf*7* shall fix higher wages rates to be paid for any beginning or , n ° . • ? i I T - ending work hour or fraction oi an hour worked in any are axed, week—

outside the hours so fixed ; within the hours so fixed, in excess of the

number of hours determined for an ordinary week's work ; or

(iii) I t may fix the hour of beginning and the hour of overtime rates ending each shift; and in that case shall— aMtaeS!"8

fix the rate to be paid for work done on each shift: and

fix a higher rate to be paid to any employe" for each hour or fraction of an hour worked by him before or after his shift; or

(iv) I t may fix a higher rate to be paid for any hour overtime rates or fraction of an hour worked on any day in a o^X ordinary' factory before or after the ordinary working noun-hours of the factory ; or

(v) It may fix the number of hours to be worked OU Overtime rates

each day; and in that case shall fix a higher j ^ ?,£?*»." °' rate to be paid to any employe for any hour or work.nxed. fraction of an hour worked by him in excess of the number of hours determined for a day's work ;

<(d) shall determine the question whether it is expedient to fix the AB to pieoe-owest-Tpiece-work prices and may fix them accordingly; work prices.

(e) may exercise either or both of the following powers, special rates for n n m pi v Sundays and n a m e l y . holidays and for

(i) I t may fix special rates for work to be done on a teaveUm8;tlme-Sunday or public holiday :

(ii)^It may fix special rates to be paid to any employ^ who works away from his employer's place of business for time occupied in travelling between the employer's place of business and work or between the employe's residence and work.

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446 FACTORIES AND SHOPS ACT 1928. [19 GEO. V..

Factories and Shops Act 1922. Matters to be considered in fixing lowest prices or rates.

Rates where person employed for )e°s than mimber of hours fixed for ordinary week's work.

(2) In fixing such lowest prices or rates the Wages Board shall take into consideration the following matters and may (if it thinks fit)' fix different prices or rates accordingly :—

(a) the nature kind and class of the work ; (b) the mode and manner in which the work is to be done ; (c) the age and sex of the workers ; (d) the place or locality where the work is to be done ; (e) the hour of the day or night when the work is to be done ; (/) whether more than six consecutive days' work is to be

done ; and (ff) any recognized usage or custom in the manner of carrying

out the work.

(3) For any person employed'0' on time wages for a number of hours less than the number of hours of an ordinary week's work—

(a) in any trade usually carried on in a factory or shop the-wages rate payable shall be as follows, and shall be calculated pro rata according to the number of hours worked:—

(i) For each hour worked up to one-half the number -of hours fixed for an ordinary week's work the rate of wages payable shall be' the ordinary wages rate with an addition to be fixed by the Wages Board for the particular trade of not less than thirty-three per centum and not exceeding fifty per centum of such rate :

(ii) For each hour worked beyond the one-half aforesaid the rate of wages payable shall be the-ordinary wages rate up to but not exceeding ordinary wages rates for an ordinary week's -work :

Provided that any person who is not engaged for a week who earns a sum in wages equal to the wages of an ordinary week's work may be required by the employer

(a) The word " employed " as used here relates to the actual number of hours during which in any one week the employe has in fact worked, and not to the terms of the contract under which he was engaged. In a trade where the Board had fixed a wage of £4 3s. for an ordinary week's work of 48 hours a permanent employ^ during a certain week worked only 39} hours not working on one day which was a public holiday. The employer paid him £3 7s. l i d . in respect of the time actually worked. Held, that the employer was guilty of an offence in not having paid the award rate of wages for that week.—Bishop v. Concrete Constructions Pty. Ltd., (1923) V.L.R., 638.

A printer's employe having been away from work for a fortnight owing to an accident resumed work on a Monday and on the Thursday following (the usual pay day) was paid up to that day pro raid a t the ordinary wage rate for a week of 48

hours. She remained in the service of her employers for several months, being paid a full week's wages on each Thursday. She ceased work on a Thursday. She then claimed that she was entitled to be paid for the four days Monday to Thursday at the commencement of the period a t the additional rate prescribed by section 18(3) of Act No. 3252 (re-enaoted in this seotion). The employers were convicted of a contravention of the Act in failing to pay the additional rate. Held by a majority of the High Court, upholding a majority of the Full Court, that the conviotion should be Bet aside, there being nothing in the nature of broken t ime: but a continuous employment without oessation for a full week'a work. The interpretation of the word " employed " in Bishop v. Concrete Constructions Pty. Ltd., (1923) V.L.R., 638, approved.—Bishop-v. Ford & Petrie, (1925) V.L.R., 12,503: 36 C.L.R, 322


to complete the week's work without further pay, and if Factoria and such person refuses to do so he shall forfeit his right to Sh°p'Actli>2Z-any payment for that week unless his refusal is caused by hia illness inability or some other sufficient cause beyond his control :

(b) in any trade not usually carried on in a factory or shop the comp. eras.) u wages rate payable shall be the ordinary or casual wages s. 23 <xii.)'. rate (as the case may be) calculated pro ratd according to the number of hours worked : Provided that in any such trade the Wages Board may by a unanimous decision but not otherwise determine the weekly wage to be paid to any specified class of employes irrespective of the number of hours worked by them and either without prejudice to or in lieu of payment for overtime.

(4) If any employe in any trade usually carried on in a factory or Employe shop who is engaged for a week refuses to complete in that week the w"eekgrefuSng number of hours of an ordinary week's work he shall forfeit his right ,°eS work. to any payment for that week unless his refusal is caused by his illness inability or some other sufficient cause beyond his control.

(5) " Casual work " or " casual labour " shall mean work or labour "Cosuaiwork" during any week for not more than one-half the number of hours labour."

fixed by the Wages Board in respect of any particular trade for an ordinary week's work and the determination of any Wages Board with respect to casual work or casual labour shall always be subject to this provision.(a)

146. In addition to the powers and duties conferred herein on power to ax Wages Boards every Wages Board may determine the day and latest } r

yp ymentrof hour when payment of wages is to be made and with such modifications *aees- _ according to circumstances as the Wages Board specifies and also shops A& 1922 determine what notice of termination of employment shall be given by *o^' n either employer or worker. Geo. V. NO.' 51

r J 8. 23 (VI.). 147. In addition to exercising the powers conferred upon Wages Extension of

Boards by this Act any Wages Board dealing with any question not Eds . 0 ' covered by such powers may by a unanimous decision of the Board Factoria and including the chairman determine any matter whatsoever with respect '121!"Act 1927

to conditions of employment in any trade or branch or branches thereof or in any group or groups of trade for which such board has been appointed.

148. Where pursuant to this Act by any determination of a Piece-work

Wages Board both a piece-work price and a wages rate are fixed for Eyres'1 &iei

any work, the piece-work price shall be based on the wages rate ; but { ^ „nb£ages

no determination shall be liable to be questioned or challenged on the ™tB-ground that any piece-work price is a greater or less amount than such f^p/'Jcrms price would be if based upon the wages rate. «."2.

149. For wholly or partly preparing or manufacturing outside a Outside work to-

factory articles of clothing or wearing apparel or boots or shoes a priCp0'OnTy!olk

piece-work price only shall be fixed, and the Board shall on request of i».«. i«. any occupier 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.

(1) See Hall v . The Ce.rdre.way Cafe Co. Prop. Ltd., (1916) V.L.R., 660.

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Factories and 150. (1) Any Wages Board instead of specifying the lowest piece-i^uf"11915 work prices which may be paid for wholly or partly preparing or manu-pieoo-work facturing any articles may determine that piece-work prices based on S™yayb8 wages rates fixed by such Wages Board may be fixed and paid cerMn'cise"in therefor subject to and as provided in the next succeeding sub-section, piece-work (2) Any employer ( a ) who pursuant to such determination fixes and Eased onbe P a y s piece-work prices shal l base such piece-work prices on the earnings of earnings of an average worker working under l ike conditions to those average w r . ^ w n i c n the piece-work prices are fixed and who is paid by t ime a t

the wages ra tes fixed by such Wages Board. Every such employer shall if required by the chief inspector so to do forward a s ta tement of such prices to the chief inspector,

when piece- (3) Every person who having fixed a piece-work price as in this flxed,Porffeiing section provided either directly or indirectly or by any pretence or

.Offence"108 an device pays or offers or permits 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 Par t .

Proof that (4) In proceedings against any person for a contravention of the •co5respondsPtoCe provisions of the two last preceding sub-sections of this section the wages rate. o n u 8 0 f p r 0 0 f t h a t any piece-work price fixed or paid by such person is

in accordance wi th t he provisions of such sub-sections shall in a l l cases lie on the defendant.

piece-work 1 6 1 . W h e n in any determination a W a g e s Board has fixed a wh'ere'b'oard1611 wages r a t e only for wholly or par t ly prepar ing or manufactur ing either w*s ?n'rateXed m s i d e or outside a factory any articles or for doing any work then i t n. ».146. shall not be lawful for any person to pay or author ize or permit t o 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 p a r t payment of any such wages.

Bfieot on pieoe- 1 5 2 . W h e n in any determination a Wages Board has fixed Tar'yinl'usMi piece-work prices for wholly or par t ly prepar ing or manufactur ing any course. articles and in the description of the work in respect of which such n.». 146. piece-work price is to be paid such Board enumerates several opera

tions, and when any one or more of such operations is by t h e direction or with the expressed or implied consent of t he occupier of t he factory or his manager or foreman or agent omitted, such omission shal l not affect the price to be paid in connexion wi th the par t icu la r work, but such price shall , unless otherwise provided in such determinat ion, be t h a t fixed as the price for t he whole work described.

Rate for furrj- 1 5 3 . Notwi ths tanding anyth ing contained in this Ac t the price or t ieM-work*11 r a * e °^ P a y m e n t to be fixed by any Wages Board for wholly or pa r t ly price and a prepar ing or manufacturing any article of furniture shal l wherever practicable, pract icable be both a piece-work price and a wages r a t e . The piece-ib. #. 147. work price shall be based on the wages ra te fixed by such Board.

(o) " Employer " means a person who, in regard Held, therefore, that a merchant who con-to any person for whom piece-work prices or rates tracted with the registered occupier of a factory are fixed, stands in the relation of employer to an for the manufacture by the latter of articles of operative, and the sub-section does not apply to clothing out of material supplied by the merchant, the case of a contract between two independent at a certain price per dozen, could not be convicted persons not standing in that relation to each of en offence under this or the next sub-section.— other. Beaih, Schiess and Co. v. Martin, 2 C.L.R., 716.

K"o. 3677.] FACTORIES AND SHOPS ACT 1928. 449

164. Where it appears to be just and expedient special wages gaetorxaand rates may be fixed for aged infirm or slow workers by any Wages ^ua**1916

Board. Special rates for aged infirm or

155 . All powers of any Wages Board may be exercised by a^owworker»-

majority of the members thereof. powers? of

lb. $. 149, 156. During any vacancy in a Wages Board (other than in the Efle<!to,'

office of chairman) the continuing members may act as if no vacancy T!"»ncy. existed, provided (except in cases where the Board is directed to meet lb ' *'1B0,

under section One hundred and sixty-two) no member of the Board objects.

157 . The chairman of any Wages Board may require any person Power of (including a member of a Wages Board) giving evidence before a Board w geTboardto to give his evidence on oath and for such purpose shall be entitled to 0

,atbsnlflter

administer an oath accordingly to such person. ib.&.'m.

158 . A Wages Board shall have power to determine the lowest Powe.r of wages

prices or rates to be paid to any person or persons or classes of persons repawn™.'0

employed in repairing any articles with respect to which such Board n.». 152. may make a determination.

159 . Where by the determination of a Wages Board the wages Experience of of an apprentice or of an improver are to vary in accordance with his how'cSated. experience or length of employment in his trade, then for the purpose /&.». iss. of determining 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 employment in such trade.

160. When fixing the wages rate to be paid to persons (other consideration of than apprentices or improvers) under twenty-one years of age for any yoSn worke'™. particular class of work any Wages Board may fix different rates ib.«. 154. having regard to the length of experience of such persons in such particular class.

1 6 1 . No Wages Board shall sit during ordinary working hours in wages Board any trade except by mutual agreement of the representatives of the

working hours *

employers and employes on the Board, or by the direction of the ^^by

M i n i s t e r . agreement. lb.: 155.

162 . (1) In any case where the Minister is satisfied that any- power in certain thing has been done by any person or any body of persons corporate waSgra^rdto or nnincorporate with the object of preventing the meeting or delaying meet and the proceedings of any Wages Board the Minister may direct the said determination.

Board forthwith to meet and to exercise its powers and carry out its £'K(or<f*Jand

. x J Shops Aet 1922 d u t i e s . «• 16.

(2) The said Board upon such direction shall forthwith meet and wages board to exercise its powers and carry out its duties accordingly notwithstand- dir?ouons!th

ing that— (a) some of the members of the said Board have not been

appointed or re-appointed ; or {b) some of the representatives of the employers or employes

are absent from all or any of the meetings of the said Board; or

(c) under section One hundred and fifty-six any member of the said Board objects.

VOL. n . — 2 0

450 FACTORIES AND SHOPS ACT 1928. \19 GEO. V.

DIVISION 4.—MISCELLANEOUS PROVISIONS AS TO WAGES BOARDS.

Factortaand 1 6 3 . The Wages Board heretofore appointed with regard to i!uLAet 161B articles of furniture may also determine the lowest prices or rates which Additional m a v he paid to female workers employed as upholstresses whether as Furniture carpet hands table hands or drapery hands, also to male persons Board. employed in p lanning and laying carpets or l inoleums or floor cloths or

fixing draperies or mak ing and fixing window Venetian and wire blinds if a resolution has been passed by both Houses of Pa r l i amen t declaring i t is expedient for the Wages Board so to do.

Proviaion for 164. (1) The Wages Board heretofore appointed and called the pS'm 'coal Coal Miners Board may if it thinks fit as part of its determination mines. make rules regula t ing t h e cavilling for places which are worked a t J*. «. 157. piece-work prices on any coal mine.

(2) Such cavilling shall be carried out by the employes affected. (3) Every 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 of not more than Fifty pounds.

Bates fixed by 1 6 5 . (1) Wages Boards may be appointed in order to determine en^ne-drivers the lowest prices or rates which may be paid to any person or persons bTacksiu'rtwng o r c l a s s e s °f persons wheresoever employed in either the whole or any and general part of the iron-working trade (for which a Wages Board has not been s pe^de'rates constituted) including— fixed by other / v

boards tor same (a) engineering, employes. (*> boi le rmaking , n. 1.158. (c) blacksmithing,

(d) general iron work. (2) The lowest prices or rates which may be determined under and

pursuant to this Act by any Wages Board appointed— in the occupation of a fireman boiler attendant or engine-driver

in connexion with the use of steam-engines or boilers other than steam-engines or boilers connected with mines ; or

under the provisions of paragraphs (a), (b), (c), (d) of sub-section (1) —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 persons by any other Wages Board.

Extension of * 6 6 - ( 0 Any Wages Board appoin ted-powers of board (a) j n respect of t h e occupation of a fireman boiler a t t e n d a n t or forenKine- v L. , . . c . . . , , „ drivers. engine-driver in connexion wi th t h e use of s team-engines J*. »• i5»- or boilers o ther t han s team-engines or boilers connected

wi th mines ; or (b in respect of the occupation of a fireman boiler a t t e n d a n t or

engine-driver in connexion wi th a s team-engine or boiler in or about mines of pv^rv k i n d —


is hereby given power to determine the lowest prices or rates which Factories and

may be paid to any person or persons or classes of persons employed in Sbop'Aet 1915-

the occupation of assistant engine-driver greaser or trimmer respectively in connexion with the use of steam-engines or boilers.

(2) Such Wages Board may exercise all the powers conferred on Wages Boards under this Act so far as any person or persons or classes of persons mentioned in this section are concerned.

167. In the case of the Wages Board for Men's and Boys' Men's and Boy's Clothing, the representatives of the employers shall consist of three Clothing Board, representatives of makers of ready-made clothing and two of makers of order clothing, and the rolls for any election of such respective representatives shall be prepared and votes given in such manner as may be prescribed.

168. The Wages Board called the Ironmoulders Board appointed Extension of

on the seventeenth day of December One thousand nine hundred and one { mouid'ere is hereby given power to determine the lowest prices or rates which Board-may be paid to any person or persons or classes of persons employed Ib- '•183-

in the trade of a steelmoulder and to exercise all the powers conferred on Wages Boards under this Act so far as the trade of a steelmoulder is concerned.

169. I t is hereby declared that any Wages Board heretofore 01' Power of wages

hereafter appointed with regard to the making of bread (may without blea tovary limiting the generality of its powers under this Act) fix the lowest ™|bfe

c"t0 prices or rates to be paid to employes in the trade varying according employees to whether the work performed is done during or before or after any time'du fng day specified hours of the day or night. workdon,ehen

Facloriet and

170. (1) Every Wages Board appointed for any trade or branch SAOP» AH 1919 thereof in which it is customary for the employes to receive board or Additional lodging or both is hereby given power to either— ^ w ^ Boards

(a) fix prices and rates to be paid to employes without taking ^ J * ^ - ^ ' into consideration either board or lodging ; or lodging usually

given to

(b) fix prices and rates to be paid to employes varying according employes. to whether full or partial board or lodging is received by sh^Actitis the employ^. «• 1«4-

(2) When any such Wages Board makes a determination in the shopiActim exercise of either of these powers it shall be an offence for any employer *'21* to accept any payment from any employe under the jurisdiction of the said Wages Board for either board or lodging.

DIVISION 5.—DURATION PUBLICATION AND APPLICATION OF DETERMINATIONS OF WAGES BOARDS AND COURT OF APPEALS.

171. (1) Any price or rate determined by any Wages Board shall Price or rate as

from a date (not being within fourteen days of such determination) JSS'fifforoe fixed by such Board be and remain in force until amended by a de- u° tH «wen>u by termination of such Wages Board ; but such determination may at any Baaonaani time be amended by the Court of Industrial Appeals. *igM Act 191s

(~J) The determination of any Wages Board shall be signed Factors and by the chairman thereof and published in the Government Gazette and f^*Aet 1922

452 FACTORIES AND SHOPS ACT 192S. [19 GEO. V.

Factories and Shops Act 1922. Application ol determi nation.

Application ot amendment of determinatlo n.

Children of employer not affected. Factories and Shops Act 1016 1.166.

shall apply to the area or locality (including the whole or any part or parts of Victoria) defined 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.

172 . No determination of a Wages Board shall prevent the sons or daughters of any employer being employed 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.

Determinations 1 7 3 . No determination of any Wages Board shall apply to any not t appiy w person who is an inmate of any institution conducted in good faith for certain8 of religious or char i table purposes : institutions. Provided t ha t where any person is employed a t l aundry work in uandrr mwk. such an inst i tut ion if representat ions are made to the Minister which Factories and satisfy h im after due inquiry and after consideration of any represent-«. 2?." ations made by any persons having the management of the inst i tut ion

concerned t h a t such inst i tut ion is by unduly low charges unfairly compet ing with the occupiers of other places where laundry-work is done, the Governor in Council by Order publ ished in t he Government Gazette may apply the determinat ion of tiny Wages Board appointed with regard to persons employed a t l aundry work as on and from a da te specified in the Order to and wi th regard to any such person employed in any such inst i tut ion as aforesaid.*0*

Payment of employe engaged in two or more classes of work. Factories and Shops Act 1015 ». 167. Kate of wages thronghoutday lb. s. 168.

Notification of determination where applicable. lb. 1.169.

174. Where any person is employed to perform two or more classes of work to which a rate fixed by a Wages Board is applicable then such person shall be paid in respect of the time occupied in each class of work at the rate fixed by the Board for such work.

175 . W hen any person is employed*4' during any part of a day for an employer at work for 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 whatsoever or wheresoever shall be paid for at the same wages rate.

178 . 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 or shop or place to which the determination of a Wages Board applies, in such a position as to be easily read by the persons employed therein, a true copy of the determination of the Wages Board as to the lowest prices or rates of payment determined by such Board.<c>

(a) See seotion 3. (6) A person who out of mere courtesy performs

voluntary service in a shop in connexion with the Bale of goods without any contract express or implied for service or payment is not " employed '* by the shopkeeper within the meaning of this seotion. So held with regard to a domestio servant who occasionally assisted ao an act of oourtesy

in oerving customers in her employer's shop, wMch was on the same premises as his plaoe of residence.—Baltantine v. Hinchcliffe. (1916) V.L.R., 60. v '

(c) The oocupier of a shop who fails to com -ply with this section is guilty of an offonoe ALcsrn v. Nckon, (1824) V.L.R., 127.

No. 3677.1 FACTOKIES AND SHOPS ACT 1928. 453

177. Where a piece-work price or a wages rate has been fixed paetoHuand by the determination of any Wages Board for wholly or partly f^f*191S

preparing or manufacturing either inside or outside any factory any Employes not articles or for doing any work no person shall either directly or in- goods oTboara directly require or compel any person affected by such determination and l ow* 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.'")

178. (1) If any person desires to dispute the validity of a n y Determination

determination of any Wages Board made or purporting to have been bl,^868

made or continued under any of the provisions of this Act it shall be £eforen?neble

lawful for such person to apply to the Supreme Court upon affidavit supreme court for a rule calling upon the chief inspector to show cause why such deter- °°ly

f' l 71 mination 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.

(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 or disputed ; but any such determination may be altered or revoked by any subsequent determination under this Act.

DIVISION 7.—SUSPENSION OF DETERMINATION.

179. (1) Notwithstanding anything contained in this Act the Power to

Governor in Council may at any time for such period or periods as he 3 J , ^ thinks fit not exceeding six months in the whole by order published in wages Board, the Government Gazette suspend the operation of the determination of n- '•172#

any Wages Board. When the operation of any determination (whether published in the Government 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 determination or may make such amendments therein as to such Board seems proper.

(2) In the event of such Wages Board making any such amend- Publication of

ments such determination as so amended shall forthwith be published S^"^^^,,. in the Government 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 Removal of

such Board adheres to its determination without amendment such 8u8Pension-suspension of the operation of such determination shall by an Order in Council published in the Government Gazette be revoked from such date ° not later than fourteen days as may be fixed in such order.

(a) Determinations of Wages Board to fix that the earlier determination was not repealed the lowest prices or rate of wages in different by implication by the subsequent determination, trades will be read in such a way as to make them but that the subsequent determination should be consistent. Held, therefore, where work done fell read as not applying to the work in question.— within the determinations of twodifferent Boards Lawleyv.NeueliatelAsphaltCo.,(19n)\.'L.'R., 118.

454 FACTORIES AND 8HOPS ACT 1928. [19 GEO. V.

Factories and Shops Act 1916 «. 173. Power to suspend a determination in cose of a strike.

180. 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 any matter which is the subject of a determination of a Wages Board or of the Court of Industrial Appeals the Governor in Council may by order published in the Government Gazette suspend for any period not exceeding 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 in the Government Gazette be removed by the Governor in Council or altered or amended in such manner as he thinks fit.

Power to exempt new Industry or any employer in respect of specified employe or class from operation of determination.

Factories onS" Shops Act 1922 8.20.

Court of Industrial Appeals. Factories and Shops jlcj;i915 «. 174.

Members of the court Court constituted by Order in Council.

President to sit in all Courts of Industrial Appeals.

Two other persons appointed as occasion requires.

DIVISION 8.—EXEMPTION FROM DETERMINATION IN CASE OF

NEW INDUSTRY.

181. (1) Where the Governor in Council is of opinion that it is expedient to exempt employers and employes in or in connexion with any factory or factories, the operations of which in his opinion constitute a new industry, from the operation of all or any of the provisions in the determination of any Wages Board or the Court of Industrial Appeals he may by order published in the Government Gazette make such exemption accordingly.

(2) On and after the publication of such an order the said provisions or any of them specified in the order shall not. apply in the case of any employer or employe so exempted :

Provided that the provisions of this section shall not apply to any factory industry employer or employe within the Metropolitan District.

PART VIII.—COURT OF INDUSTRIAL APPEALS.

182. (1) There shall be a Court of Industrial Appeals for deciding all appeals against a determination of a Wages Board and for dealing with any determination of a Wages Board referred to the court by the Minister/")

(2) Such court shall consist of a president and two other persons. (3) A Court of Industrial Appeals consisting of the president and

of two other persons as aforesaid shall be constituted from time to time as occasion requires by Order in Council published in the Government Gaiette.

(4) (a) The President -(i) shall be such one of the Judges of the Supreme

Court as the Governor in Council 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 Appeals con

stituted from time to time. (b) The two other persons constituting a Court of Industrial

Appeals shall be such persons as are appointed by the Governor in Council upon nomination as hereinafter provided; but they shall act only in the Court of Industrial Appea.ls for which they are appointed.

(a) The practice and procedure in appoalB discussed.—In re Tha Artificial Manure Board, 190S V.L.B., 19. See notes to section 145.


(5) (a) When a determination of a Wages Board is appealed Factories and

against in accordance with the provisions of this Act or Shop> Aet m 5 ' is referred by the Minister for the consideration of the persons to

Court of Industrial Appeals then within twenty-one days em,1fov™« and from the date of the appeal or the reference (as the case ejj>pi°y«son 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 engaged in the trade concerned or who have been so engaged for at least six months during the three years immediately preceding such nomination shall be eligible for nomination.

(6) If default is made for fourteen days in nominating an eligible Default of person to represent the employers or employes (as the case may be), or n

jominatlon-

if after nomination any vacancy occur by means of death resignation Faelorie, and incapacity refusal to act or otherwise and the representatives of the shops Act 1927 employers or employes (as the case may be) shall within fourteen ** days of such vacancy have failed to nominate an eligible person willing to act then the President sitting alone shall constitute the Court of Appeals and may exercise all its powers.

(7) The President and the two other persons constituting a Court President and

of Industrial Appeals shall hear and determine every appeal and prsonlTto reference to such court; and subject to this Act a majority shall "refTren'ces CleCldC Factories and

(8) Every person appointed to represent the employers' or the ?!%tl.Act1915

employes on a Court of Industrial Appeals shall be paid a fee of JLWO Remuneration

pounds for every full day of attendance at such court. r'ep'rlsentmg (9) (a) Subject to the Public Service Act 1928 the Governor in l ™ ; ^ 8 an

Council may appoint a registrar of the Court of Industrial on court-Appeals who shall be an officer of the Department of Re&'8trar-T *- -f Factories and

.Labour, shops Act 1919 (b) The registrar shall attend the sittings of the Court of"'

Industrial Appeals. (10) The Governor in Council may make general rules to carry Rules of

into effect the provisions of this Act with respect to the Court of pm('tlce-Industrial Appeals and in. particular with respect to the summoning of and procedure before any such court and the publication of such rules. Subject to such rules (if any) the court may regulate its own procedure.

183. Where any determination made by a Wages Board either Principles on

before or after the commencement of this Act is being dealt with by SeKunations. the court, such court shall consider whether the determination appealed Factories and against has had or may have the effect of prejudicing the progress f!^l.Aa 191 6

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


Paetoriaand may have such effect the court shall make such alterations as in its show Act wis. 0 p i n i o n m a v b e necessary to remove or prevent such effect and at the Living wage, same time to secure a living wage to the employes in such trade or

industry who are affected by such determination.

Appeal to court. 184 . (1) A majority of the representatives of employers or a n.t. 178. majority of the representatives of employes on any Wages Board or

any employer or group of employers 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 court. For the purposes of this sub-section the court shall accept the records given by the chief inspector in his latest annual report/0 '

(2) The Minister may without appeal at any time after the making of a determination by a Wages Board refer such determination for the consideration of the court, and may also refer any appeal made as hereinbefore 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 Government Gazette shall have the effect of suspending or delaying the operation of such determination.

(4) Every determination of a Wages Board referred to the court by the Minister and such documents relating 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 represented by a barrister and solicitor or agent. In appeals by a minority of employers or employes as provided under sub-section (1) 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 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 part of any determination of a Wages Board.

(7) The court shall have and may exercise in respect of the summoning sending for and examining of witnesses documents and books and in respect of persons summoned or giving evidence before the court the same powers as are by the Evidence Act 1928 conferred on a board or commission appointed or issued by the 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 party shall be disclosed or published

(a) Where a Special Board has been appointed per centum of the total number of the workero for a group of distinct trades, as, for example, in one of the trades, but less than twenty-fivo the trades of coal merchant and hay and corn per centum of tho total number of workors if tho merchant, an appeal will lie, under this section, workers in all the trades concerned are taken from a determination of such Board, at the instance into account.—In re the Fuel and Fodder Board, of employers who employ more than twonty-five 1913 V.L.R., 324.

No. 3677.] FACTOKIES AND SHOPS ACT 1928. 457

without the consent of the person entitled to the trade secret or non- Factma and disclosure. a**, A* int.

(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.

Provided that when a period of twelve months has elapsed from As to alteration the date of any determination of the court or of the latest revision determination alteration or amendment of any such determination by the court (as wages oard the case may be) the Wages Board concerned shall, after the expiration concerned, of such period, have the right without the leave of the court to review SS^PAJIQII) or alter the determination ; and any determination of the court when »• is. 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 this Act shall take effect accordingly.

(10) The determination of the court shall be forwarded to the Minister by the registrar.

185. (1) T h e M i n i s t e r s h a l l c a u s e e a c h d e t e r m i n a t i o n of t h e Publication. Ac, court to be published in the Government Gazette and such determina- f?ftor*J'fr^15 tion shall apply to every part of Victoria to which the referred«. m. 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.

(3) The provisions of this Act for or relating to the enforcement of any determination of a Wages Board 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.

186. A determination of the Court of Industrial Appeals may be Power of dealt with by the Governor in Council in the same way in every co«ncu0witn respect as if it were a determination of a Wages Board. determination

18j7. Any determination made before the first day of January One indnstriai thousand nine hundred and fifteen by the Court of Industrial Appeals I6

P^ 17g_ as theretofore constituted and whether such determination is in force Ex|Bt|ng or suspended shall for all purposes— determinations

(i) be deemed and taken to be, and App"8 '.01

(ii) have the like force and effect and validity as if it were— n.«. 179. a determination (in force or suspended as the case may be) of a Court of Industrial Appeals as constituted under this Act.

(a) Proof of an alteration in industrial condi- A Court of Industrial Appeals constituted tions may be necessary to establish a primd facie under section 187 may remit the matter to the oase for review.—Be the Builders Labourers Board, Board for review. A considerable increase in 1914 V.L.R., 354. But in one case the Board cost of living since the date of a determination, was, for the purpose of enabling it to make a is sufficient ground for granting leave for a classification, permitted to review.—Be the Com- review by the Board.—In re The Operative mercial Clerks Board (unreported). Masons' Society of Victoria, (1917) V.L.R., 411.


Factories and Provided that the Minister if satisfied upon affidavit that a primd shops Act 1915. fagjg c a s e e x i s t s for the review of any such determination may advise

the Governor in Council to constitute a Court of Industrial Appeals as hereinbefore provided and upon such court being constituted may refer the application for review for the consideration 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.<a)

Court, of Industrial Appeals may revise or alter Its determination. lb. s. 180.

Powers of president of court. lb. s. 181.

188 . The Court of Industrial Appeals may revise or alter its own determination at any time and from time to time on the application of either the representatives of employers or representatives of employes on the Wages Board.

informal.

189. In addition to the powers otherwise conferred upon the Court of Industrial Appeals the said court shall have all the powers of the Supreme Court which lust-mentioned powers shall be exercised only by the President; and the Court of Industrial Appeals shall in every case be guided by the real justice of the matter without regard

procedure to be to legal forms and solemnities and 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 no t ; and if the court consideri 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.

PABT IX.—APPRENTICES AND IMPROVERS.

DIVISION 1 . APPRENTICES AND IMPROVERS.

190. This Act so far as it relates to matters covered by the ' Apprenticeship Act 1928 shall be read subject to that Act.

1 9 1 . (1) When determining any prices or rates of payment every Wages Board shall also—

(a) determine the number or proportionate number of apprentices and improvers who may be employed in any trade ;

(b) determine the lowest prices or rates of pay payable to apprentices or improvers ; and

(c) prescribe the form of apprenticeship indenture to be used. (2) The Board when so determining may—

(a) take into consideration the age sex and experience of such apprentices or improvers ;

(b) fix a scale of prices or rates payable to such apprentices or improvers respectively according to their respective age sex and experience1 ; and

(c) fix a different number or proportionate number of male and female apprentice* or improvers ;

(d) approve of courses of technical education including correspondence courses which in the opinion of the Board it is desirable should be taken by apprentices or improvers.

Application of Act to trades under Apprenticeship Act.

Wages Boards to fix number or proportionate number of apprentices and Improvers &e. lb. t. 182. Factories and Shops Act 1910 e. 20.

Board to take into consideration age sex and experience of apprentices and improvers.

Proportion of male and female apprentices and improvers. Power to approve'eourses of technical education. lb. s. 24.

(a) See In re The Operative Masons' ect ion 184 (9).

Society of Victoria, (1917) V.L.R., 411 , cited in notes t o


Any Board having approved of a C o u r s e o f t e c h n i c a l Factories and

education for such employes shall report the .same to the Shop'Act 1916-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 appren- n.». 182. tices 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) No person who has a greater number of apprentices in his Act not employ than is prescribed in the determination of a Wages Board certain cases by

shall be or be deemed to be guilty of a contravention of this Act if he Apprentices proves that at the date of entering into the indenture of. apprentice- ofboard-s*0683

ship in respect of the last apprentice employed by him and for three determination, months previous thereto he had in his employ such number of persons '*• *•18S-other than apprentices and improvers as at that date entitled him to the number of apprentices (including such last apprentice) in his employ.

DIVISION 2 . A P P R E N T I C E S .

192. Where any indenture of apprenticeship entered into with wageatobepaia respect to any trade to which the determination of a Wages ^app"" t ,ces ' Board applies and the wages to be paid to the apj>rentice are stated in such indenture 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 indenture shall be the wages stated in the indenture.

193. Where any apprentice under the age of twenty-one years Determinations has been bound in writing by indenture of apprenticeship for a period certain" of not less than two years, no provision in any determination of a Wages j ^ 8 " ^ 8 * ' Board shall invalidate cancel or alter such indenture i 11 a n y W a y w h a t - Factories and

ever if such indenture was signed by all parties thereto before the f^J"Aet 1920

notice of motion for the resolution for the appointment of such Wages Board was given in either House of Parliament or (as the case may be) before the publication in the Government Gazette of the Order in Council declaring that it is expedient to appoint such Wages Board.

194. An agreement for apprenticeship shall be deemed to be AS to absence of valid under this Act notwithstanding that such agreement is not agreement for under seal and for the purposes of this Act such an agreement apprenticeship.

, •,, , , i j . i • i j . See Factories

shall be- deemed to he an indenture. and shops Act 1915 s. 186.

195. No indenture of apprenticeship shall be entered into in f°^t^e connexion with any trade to which the determination of a Wages lb- s-187-' Board applies except in the form (if any) determined by the Wages Board dealing with such trade and approved of by the Minister.


Factories and Shops Act 1915 (.188. As to failure to carry out terms ol an Indenture.

Penalty. Power of court to order recognisance In certain caset.

196 . (1) Any failure either by an employer or an apprentice to carry out the terms of an indenture of apprenticeship shall be deemed to be a contravention of this section/")

(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 contravention— (a) impose a penalty of not more than Ten pounds and in addition

order the defendant to enter into a recognisance within fourteen days in any sum of not more than Fifty pounds with such sureties as the court thinks fit of not more than Fifty pounds each to carry out the terms covenants and conditions oi' the indenture ; 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 of not more than Twenty-five pounds and in addition may estreat the recognisance (if any) ; or

(£) impose on any employer a penalty of not more than Twenty-five pounds if the court is satisfied 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 explanation of such failure to teach the apprentice 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.

Power to wnd 197 . The Secretary for Labour may grant permission in writing apprentices lor to any person—

(a) to be bouad for loss than three years as an apprentice to any trade subject to the determination of a Wages Board ;

(b) who may become over twenty-one years of age during the term of his apprenticeship to complete the term of his apprenticeship ;

(c) who is over twenty-one years of age to be bound by an indenture of apprenticeship.

vears or 11 over 21. lb. 1.189. Factories and Shop$ Act 1919 (.21.

(a) By an indenture of apprenticeship in the form prescribed by the Woodworker's Board an employer took an apprentice for six years, agreeing to pay him wages a t specified rates for a week of 48 hours and to pay further rates for overtime. I t was also provided that the apprentice should not be paid for any time he was absent from work without leave or through wilful default and neglect or illness. The employer closed his establishment for the Christmas holidays from 23rd December to 2nd January. The apprentice

did not present himself for work during that period, having seen a notice posted that the works would be closed between the said dates. The employer did not pay the apprentice wages during the period of the said closing. Held that the apprentice was entitled to his wages during that period, he being then ready and vailing to serve and that the employer was rightly charged with a failure to carry out the terms of the indenture.—Duncan v. James Moore tb Sons Proprietary Ltd., (1917) V.L.R., 240.


198 . Except in cases where the Secretary for Labour has given his- Factories and permission in writing as aforesaid every apprentice unless bound by an %?3£.A<il9w

indenture of apprenticeship which binds the employer to instruct such Apprentices tot apprentice for a period of at least three years -shall be deemed to be "elS. hree

an improver for the purposes of this Act. shmT^fii a 8.21.

DIVISION 3.—PROHIBITION OF CERTAIN PREMIUMS AND GUARANTEES.

199. Every person who either directly or indirectly or by any NO premium to pretence or device req aires or permits any person to pay or give or foV'ra'rtain611

who receives from any person any consideration premium or bonus for t°maie engaging or employing any female as an apprentice or improver in improvers, preparing or manufacturing articles of clothing or wearing apparel or g^^ms boots or shoes shall be guilty of an offence and shall be liable to a «• i»i. 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 competent jurisdiction from the person who received the same.

2 0 0 . Any shopkeeper (other than a registered pharmaceutical u0 premium to chemist) who either directly or indirectly or by any pretence or device sho^e^ta3 ' requires or permits any person to pay or give him or who receives from apprentfce»or any person any consideration premium or bonus for engaging or employed in employing any person in connexion with the selling of goods or in ! ! | 1 I n ^ . j C ' 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 he 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 competent jurisdiction from the person who received the same.

2 0 1 . (1) Except with the written consent of the Minister no certain person shall require or permit any person to pay any sum of money or gyar*]n*e8a

enter into or make any guarantee or promise requiring or undertaking Ibi Sm i93# that such person shall pay any sum of money in the event of the behaviour or attendance or obedience of any apprentice 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 every 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.

Licence to DIVISION 4 . IMPROVERS. Improvers oTer

21 years old. 2 0 2 . (1) The Secretary for Labour is hereby authorized to grant«.«. io«.

to any person over twenty-one years of age who has satisfied him that s^^ctTaia such person has not had the full experience prescribed for improvers by «-21-the Wages Board a licence to work as an improver for the period named siupZ<Aatwiz

«. 28.


».

DIVISION 4.—FORTNIGHTLY PAYMENT OF EARNINGS.

Factories and 2 0 6 . Every employer shall pay or cause to be paid at least once in «. i8». et every fortnight all earnings due to every person employed by him in any Fortnightly process trade business or occupation to which any determination of a paymeut of \ „ _. , . . r •> earnings. Wages Board applies. Factories and Shops Act 1922 a. 2 4 . cr

DIVISION 5.—RESTRICTIONS AS TO GIRLS LIFTING HEAVY WEIGHTS. oiris not to be 207 . No person employing any girl under the age of eighteen years nlavy'weights. in a factory or shop shall permit such girl while so employed to lift or Factories and carry a greater weight than twenty-five pounds. Shops Act 1915 J ° ° J f (.200.

DIVISION 6.—AMBULANCE CHEST. where 208 . (1 ) Every factory or shop where steam electrical water or runningflrst«id other power driven machinery is running shall have a first-aid appliances to be ambulance chest equipped and supplied in the prescribed manner upon /&.».'201. t n e premises and the occupier of such factory or shop shall if required Factories and in writing by the Minister have an ambulance stretcher available for Shops Act 1919 , i ° J

s. 22. use on the premises. ahoÂetim (2) The provisions of this section may be extended by the Governor

in Council by Order published in the Government Gazette to any place other than a factory or shop where steam electrical water or other power-driven machinery is running.

DIVISION /.—AGED INFTRM AND SLOW WORKERS.

Aged infirm or 209.(1) If it is proved to the satisfaction of the chief inspector slow workers, that any person by reason of cge infirmity or slowness is unable to slSpÂctîs obtain employment at the minimum wage fixed by any Wages Board,

the chief inspector may in such case grant to such aged or infirm or slow worker a licence for twelve months to work at a less wage (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 employed in any factory shall not without the consent of the Minister exceed the proportion of one-fifth of the whole number of persons employed in such factory at the minimum wage fixed for ndults or at piece-work prices provided that one licensed slow worker may be employed in any registered factory, and every person who without such consent employs any greater number than such proportion shall be guilty of a contravention of this Act.

(3) In the event of the chief inspector refusing to grant such licence such person may appeal to the Minister who may grant such licence in the place of the chief inspector.

(4) Every person who either directly or indirectly or by any pretence or device pays or offers to pay or permits any person to offer or pay any such aged or infirm or slow worker at a lower rate than that fixed by the chief inspector in such licence shall be deemed to be guilty of a contravention of this Act.(a)

9.202.

(a) See section 238.

No. ,3677.] FACTORIES AND SHOPS ACT 1928. 465

DIVISION 8.—BILLPOSTING.

2 1 0 . Any person who posts any bill on any wall fence or hoarding gJ"*0"" "J* between the hours of six o'clock in the evening and six o'clock in the ». s?.' following morning shall be liable to a penalty of not more than Ten SJ^fwtS8

p o u n d s . between 8 p.m. PAET XI.—HOLIDAYS. ftnd6am-

DIVISION 1.—BREAD.

2 1 1 . (1) The third Tuesday in January in each year shall in the Bread bakers' Metropolitan and Geelong Districts and in the areas within a radius fn

nnmrtropoiiian of three miles of the general post offices at Ballarat and Bendigo ^rfcta™S in respectively be a factory holiday for bread bakers. No bread shall be certain areas, made or baked for sale in such districts or areas during the period "• *•29-

between twelve noon on the day immediately preceding such holiday and twelve o'clock in the evening of such holiday.

(2) The third Tuesday in February in each year shall in the ^Hf00^8' Metropolitan and Geelong districts be a factory holiday for pastrycooks makers' annual and biscuit makers. No pastry or biscuits shall be made or baked for Me'i'bowne ana sale in the metropolitan district or the Geelong district on that day. a ^ K

2 1 2 . (1) Every baker or pastrycook shall permit every person Bread carte™ to employed by him in delivering bread to have and take a holiday for the Uoudaysa whole of the first and third Wednesday in each and every calendar month, month. Provided that when a public holiday occurs in the same week Ib' *'204' as the first or third Wednesday in any month such public holiday shall be observed as a whole holiday in lieu of such first or third Wednesday.

(2) The provisions of this section shall apply to all cities towns Application to and boroughs and may be extended by the Governor in Council from time to time to the whole or any specified part of any shire.

(3) The employer of any person engaged in delivering bread shall in offence, respect to each such person who has not in any month had and taken f^(OT^(°^27 either holiday pursuant to this section be deemed to have been guilty of >• 30 (o). an offence.

(4) Every person who on any holiday under this section delivers Restriction on bread (whether in the form of loaves rolls or in any other form) in any b«aT

y°' way whatever except by retail over the counter shall be guilty of an Factoria ana offence. « * m o

(5) No bread of any kind shall be made or baked for sale whether sSappAct'fm in the form of loaves rolls or any other form between the hour of twelve *-30 <*>• noon on the day immediately preceding any holiday provided for in this making or section for persons employed in delivering bread and the hour of six {^^f^™^1

o'clock in the evening* on such holiday : holidays Provided that nothing in this sub-section shall affect the making «•«• 30 (e>.

of dough. (6) Every person who contravenes or who fails to comply with the oftonce.

provisions of this section shall be guilty of an offence. (7) Every person who is guilty of an offence against this section Penalty,

shall for a first offence be liable to a penalty of not more than Five pounds and for a second offence to a penalty of not less than Two nor more than Twenty-five pounds and for a third or any subsequent offence to a penalty of not less than Twenty-five nor more than Fifty pounds.

VOL. n.—30

466 ' FACTORIES AND SHOPS ACT 1928. [19 GEO. V.

Factories and Shop) Act 1915 «. 200. Half-holiday every week for persons delivering meat.

Regulations restricting delivery of meat on oertatn days. Factories and Shops Act 1927 ( .13.

Certification of petition. lb.

Off once.

Butchers' and slaughtermen's holiday. Factories and Shops Act 1915 s. 207.

Factories and Shops Act 1910 s. 15.

Delivery of meat on Sunday prohibited. Factories and Shops Act 1915 s. 208.

DIVISION 2.—MEAT.

2 1 3 . (1) Every butcher cr seller of meat or maker or seller of small goods shall permit every person employed by him in delivering meat or small goods 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.

(2) Upon receiving a petition certified by an officer of the Department of Labour as being signed by a majority of the butchers having shops in the municipal district to which the petition relates the Governor in Council may make regulations prohibiting the delivery of meat or small goods from a c;irt or in the street or at any house or premises on any one specified day in each month or on any specified afternoon in each week after one o'clock.<a)

(3) It shall be the duty of imch officer to certify whether or not such petition has been signed by a majority of the butchers having shops in such municipal district.

(4) The employer of any person engaged in delivering meat or small goods 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 this Act.

2 1 4 . Every shop in the Metropolitan and Geelong Districts in which fresh uncooked meat is sold and every factory in which small goods are made shall be closed en the whole of the third Wednesday in .January in each year and every person employed in such shop or factory and every person employed in a<> abattoir or private slaughter-house in the said districts shall be given a whole holiday on such day and every such shop may be kept open tiiJ 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 relates to an abattoir or a private slaughterhouse shall apply to persons employed only in connexion with the export trade.

2 1 5 . (1) Every person who on a Sunday delivers meat or small goods on sale whether in a retail or wholesale way and whether the same has been paid for or is to be piid for on or after delivery, and every person who causes any meat or small goods 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 ment or small goods either himself or by any of his employes or by any other person delivers meat or small goods on a Sunday to any other person or at any other person's house or premises such meat or small goods shall unless the contrary is proved be deemed to have been delivered on sale within the meaning of this section.

Half-holiday every wee' persons in'{ milk Ib.s.

216. DIVISION 3 MILK.

»«"v aiv. (1) Every milk vendor shall permit every person employed "deliver- by him in delivering milk to h:;,ve and take a half-holiday from the ;j hour of one o'clock in the afte 'noon on some Monday Tuesday Wed

nesday Thursday Friday or Sati>rday in each and every week.

(a) Semble, e, regulation absolutely and with respect to all persons prohibiting delivery within a certain municipal district on a specified afternoon in not vltrn mre<>. onrl the praalty may be

enforced ogainot a tervent acting under his r ester's orders even when the master curries on business outsida tho district.—Powdi v. Smith, £3 V.L.B., 566.


(2) The employer of any person engaged in delivering milk shall Factories and in respect to each such person who has not in any week had and taken %£££*191B" a half-holiday pursuant to this section be deemed to have been guilty of an offence.

DIVISION 4—MISCELLANEOUS.

217 . With regard to any process trade business or occupation Power of for which there is no yearly holiday fixed in this Act the following connoli'to'make provisions shall have effect :— SSS^Sy

(1) Where a petition is presented to the Governor in Council ShTcasea. praying that any particular day in each year shall be a n.«. 210. 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 employers and a majority of the employes to be affected the Governor in Council may—

{a) grant the prayer of the petition according to the Petition, terms thereof or with such alterations or modifications as he thinks fit; and make regulations fixing a holiday in each year accordingly ; or

(b) refuse to grant the prayer of the petition. (2) Every employer affected by any such regulation shall give Employers to

to every employe working for him in connexion with e piSyfefon'0

such process trade business or occupation a whole holiday yeariy noUday-in each year on t he da te so fixed.

2 1 8 . The Governor in Council upon receiving a petition signed and Provision for certified as required for petitions praying for the fixing by regulations aSoth'""?! of a holiday in each year for any process trade business or occupation fl^°0

0/yâriy may make regulations substituting a day to be a holiday in each year holiday. for any process trade business or occupation in lieu of the day fixed for Ib- '•211#

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.

219 . Every shop in the city of Bendigo or in the borough of Annual holiday, Eaglehawk in which fresh uncooked meat is sold and every factory in Shops VSmaii which small goods are made shall be closed on the whole of the third 1 ° ° ^ ° ^ ' Wednesday in February in each year and every employe" in such shop Eagieha k. or factory shall be given a whole holiday on such day and every suchIb- '•212-shop may be kept open till nine o'clock on the Tuesday preceding the third Wednesday in February in each year.

2 2 0 . Every hairdressing and shaving saloon and every tobacconists' Hairdreasen' shop in the Metropolitan District shall be closed on the third Wednesday tobacconists'1

in February in each year-and every employe" working in or in connexion annuaI b0]iiar-with such saloon or shop shall be given a holiday on such day and every stSÂctimy such saloon or shop may be kept open until nine o'clock in the evening *•3*-

on the Tuesday preceding the third Wednesday in February in each year.

2 2 1 . Every fruit and vegetable shop in the Metropolitan District Annual holiday shall be closed on the second Wednesday in March in each year and veg'tabieshops. every employe" working in or in connexion with such shop shall be Factories and entitled to and be given a holiday on such day. f.îl4"'191S


Factories arid 2 2 2 . Every grocer's shcp(a) and every shop in which tea is sold f.^is/0 ' l016 iQ *he Metropolitan District small be closed on the second Wednesday Annual holiday in February in each year and every employe working in or in connexion shops?08™ w i t Q s u ch shop shall be entitled to and be given a holiday on such day.

Annual holiday, 2 2 3 . Every fish or poultry shop in the Metropolitan District shall shops?1 poul'ry be closed on the last Monday in February in each year ; and every ib. ».2i8. employe working in or in connexion with such shop shall be entitled to

and given a holiday on such day.

Annual holidays 224 . The fourth Saturday in February in every year shall be a trades?'0 factory holiday for persons employed in the following trades :— ib. >• 2i6. Brushmaking ;

Carpentering; Coach-building ; Coopering ; Furniture ; Saw-milling;

and every employe working in or 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 2 2 5 . Every person employed as a watchman shall be granted one hSSaTa week, holiday in every week. Ib. I. 217.

PART XII.—OFFENCES PENALTIES AND LEGAL PROCEEDINGS.

court of 226 . Where any person is charged with an offence against this fo'adiu foate. Act, such charge shall be heard before and all penalties imposed by «. «.2i9. this Act shall be recovered before a court of petty sessions consisting

of a police magistrate sitting either with or without justices.

Proceedings 227 . (1) Every offence against the provisions of this Act shall be oflend'rs to be reported to the Minister, who may if he think fit direct proceedings to directed by be taken against the offender/') ib. e. 220. (2) All proceedings directed to be taken by the Minister against

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.

Effector (3) Where the Minister has directed proceedings to be taken pr1ose°cut».to against any offender, if the court amend the information warrant or

summons for any variance between it and the evidence on the part of the prosecution, such direction of the Minister shall be sufficient authority for the continuance of the proceedings against the offender after such amendment thereof by the court.

certain (4) All courts shall take judicial notice of the signature of every l&'aiiy8 t o b e person who is or has been Minister secretary for labour chief inspector noticed. 0f factories and shops or assistant chief inspector of factories and shops

to every document required to be signed for the purposes of this Act or any corresponding previous enactment.

(a) See Slallcry v. Bishop, 27 C.L.R., 105, as amend the direction of the Minister to take such to what is a grocer's shop. proceedings.—Ellis v. Wing Lee, 24 V.L.R., 785.

(6) A court of petty sessions upon proceedings But see now sub-seotion (3). for an offence under the Act had no power to


2 2 8 . In proceedings before courts of petty sessions for any con- Factories and travention of the provisions of this Act it shall not be a defence that f.*aTi/c'1915

the occupier x>f a factory or shop was not in Victoria at the time the Absence from alleged offence was committed ; and for any such contravention service deianoe. of a summons by leaving the same with some person apparently of the AS to Bervico of age of sixteen years or upwards at the usual place of business in Victoria certoincaBos. of the person named in such summons shall be deemed to be good and sufficient service thereof.

229 . The following provisions shall have effect with reference to General proceedings before courts of petty sessions for offences under this Act:— procel foga810

(a) the information if for any offence in connexion with the |iet?™sesBioi»l' preparation or manufacture or stamping of furniture or ».». 222. the unlawful paying or receiving any sum of money in connexion with the employment of an apprentice 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;

(b) I t 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) I t 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 ;

(d) The onus of proof that the person firm or company named OUUB of proof. in a summons is not the occupier of the factory bakehouse or shop shall be on the defendant;

(e) The onus of proof that the provisions of this Act with regard to the registration of factories or shops and with regard to the persons 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;

(/) 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 employing any apprentices or improvers in excess of the number or proportionate number as determined by a Wages Board, the onus of proof that the provisions of this Act and of such determination with regard to the number or proportionate number of apprentices or improvers who may be employed have been complied with shall in all cases be 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 alleged in such summons shall in all cases be on the defendant;

(?) 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) I t shall be deemed that a shop was not closed within the meaning of this Act if it be proved with reference to such shop that hairdressing or shaving was being carried on in such shop whether by a hairdresser or barber or any employe" or any person whomsoever and whether for hire or reward or otherwise fifteen minutes after the hour fixed for closing a hairdresser's or barber's shop ;

(I) I t shall be deemed that a shop was not closed 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 practitioner for the district t h a t he has personally examined a person in t h a t district and believes him to be under the age set forth in the declaration shall be admissible in evidence of the age of t h a t person.

(«) I t shall be deemed tha t a par t icular class of trade or business is carried on in a shop if i t is proved tha t any article was sold therein which is usually sold in shops where such a class of t rade or business is carried on.

2 3 0 . The production before any court judge or justices of a copy of the Government Gazette containing the determination of any Wages Board shall be conclusive 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.'*)

Effect on legal 2 3 1 . W h e n any determination of a Wages Board is amended or amendment ot a revoked, such amendment or revocation shall not directly or indirectly determination, affect any legal proceedings of any kind theretofore commenced under ib. i. 224. f.ne provisions of this Act for any breach of such determination or

any right existing at the time of such amendment or revocation under the provisions of this Act.

Power to recover ' 2 3 2 . Where any employer employs any person who does any work notwfthstonding f o r n i m for which a Wages Board or the Court of Industrial Appeals any agreement has determined the lowest prices or rates, then such employer shall be il. «.e22s" rarJ liable to pay and shall pay in full in money without n,ny deduction

When hairdresser's Bhop deemed not closed.

When Bhop deemed not closed.

Evidence of age.

When particular class of trade or business deemed to be carried on in shop. Factories and Shops Act 1922 «. 25. Evidence of determination. Factories and Shops Act 1915 «. 223.

(a) 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. (6) The production of the Government Gazette

is conclusive evidence of the determination of buch Board, and of its due appointment in the absence of any proceedings to quash such determination, and an objection as to the proper constitution of such Board cannot be taken on a summons for an offence under the Act.—McQUnchy v. Nanacott, 26 V.L.R., 766.


whatever to such person the price or rate so determined, and such vactoria and person if he has made demand in writing on such employer within SAoJ"Act1*16-two months after such money became due may within twelve months after such money became due take proceedings in any court of competent jurisdiction to recover from the employer the full amount or 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 notwithstanding. <a)

2 3 3 . (1) Where a price or rate of payment for any person or per- penalty for sons or classes of persons has been determined by a Wages Board(6) determination, or the Court of Industrial Appeals and is in force, then every person— n.«. 226.

(a) who either directly or indirectly, or under any pretence or device,(c) attempts to employ or employs or authorizes or permits to be employed 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;(<J) or

0) who attempts to employ or employs or authorizes or permits to be employed any apprentice or improver in excess of the number or proportionate number so determined; or

(o) Unless the contract of employment has fixed a lower rate than that determined by the Wages Board and the employer has tried to evade the minimum rate, a demand in writing as a condition precedent to taking proceedings is not required under this section. Semble, in eases where such a demand is required, it is not sufficient to make it when serving the summons. —Burn v. Baziuros, (1920) V.L.R., 357.

A demand under this section is not bad because it includes wages which became due more than two months before the making of the demand; but only that part of the sum claimed whioh became due within two months of the date of the demand can be recovered.—Roberta v. Watson, (1921) V.L.R., 177.

(6) For cases where an employS was engaged in doing different classes of work to whioh determinations of different Boards applied see Thomson v. Dorman Long <S> Co., (1916) V.L.R. 1 3 ; 21 C.L.R. 124; Bishop v. Dance, (1916) V.L.R., 609; Sinclair v. Smith, Lawley v. Neuchatel Asphalt Go. Ltd., (1917), V.L.R., 118; Duncan v. Snowdrop Ice Cream Co., (1918) V.L.R., 387 ; Slattery v. Bishop, 27 C.L.R., 105.

(c) The " pretence or device " in this section is equally an offence whether it occurs at time of engagement or at time of payment.—Hall v. Bartlett, 24 V.L.R., 1.

(d) Under this sub-section an employer who has paid a workman at a rate of wage lower than that determined by a regulation of a Wages Board, and who had a knowledge of such regulation, may be properly convioted.—BiUingham v. Oaten, 1911 V.L.R., 44.

The prohibition in this sub-section is absolute and knowledge or wilfulness is not neoessary to constitute an offence thereunder.—Hall v, Bartlett, 24 V.L.R. 1, and dictum in BiUingham v. Oaten, (1911) V.L.R., 44, so far as they deoide or tend to the oontrary, over-ruled.—Duncan v. Ellis, 21 C.L.R., 379

The Quarry Board, a Wages Board constituted

under this Act, made a determination prescribing the lowest wages that might be paid to persons engaged " in the process trade or business of quarrying."

The defendants, a shire council, employed a t wages lower than those fixed in the determination a workman in widening a road, in the course of which operations it became necessary to remove, by the use of hammer, drills and blasting a bank, consisting largely of rook, on the higher side of the road. When dislodged the rook was further broken up, and to a large extent, used in filling up the lower side of the road.

The defendants were convicted of having employed a workman at a lower rate of wages than that fixed by the determination.

On review, held, (1) That the workman was not employed in " the process trade or business " of quarrying; (2) that the place where he was employed was not a quarry.

Primarily " quarrying " is an operation for the purpose of obtaining material.—Bishop v. Shire of Upper Yarra, 1926 V.L.R., 93.

An employer, who had paid his employee wages a t the minimum rate prescribed by an award of the Commonwealth Court of Conciliation and Arbitration, was prosecuted before a Court of Petty Sessions of Viotoria for the offence, created by this section, of not having paid the employe wages at the highest minimum rate prescribed by a Wages Board appointed under that Act. The employer raised the defence that the determination of the Wages Board was inconsistent with the award of the Commonwealth Court of Conciliation and Arbitration and invalid, but he was oonvicted.

Held, (1) that an appeal from the conviction lay to the High Court under section 39 of the Judiciary Act 1903-1920, and (2) that the determination of the Wages Board was inconsistent with the award and was invalid.—H. V. McKay Pty. Ltd. v. Hunt, 38 C.L.R., 308.


Factories and (c) who is guilty of a contravention of any of the provisions of shops Act 1916. t h i g A c t w i t h r e i . l t j o n t 0 a u v \ y a g e s Board's determina

tion or of a contravention of any of the provisions of Part VII. or of suction two hundred and nine of this Act—

shall he guilty of an offence and shall for the first offence be liable to a penalty of not more than Ten pounds, and for the second offence to a penalty of not less than Five nor more than Twenty-five pounds, and for a third or any subsequent offence to a penalty of not less than Fifty nor more than One aundred pounds.

permission toi Provided that the Minister may permit any student of the to"!«9nuireud<int8 University of Melbourne or uny student taking full day courses of

technological study at any working men's college or any school of mines or any other technical college or technical school in Victoria to enter and work in any factory shop or place during the time he is a student at any such institution for tne purpose only of acquiring practical knowledge and skill in the trade carried on in such factory shop or place : notwithstanding that he is not paid the rates provided by any determination in force in the trade concerned.

(2) The registration of the factory or shop of any person or body of persons who is or are convicted under this Act of a third offence shall without further or otlier authority than this Act be forthwith cancelled by the chief inspector, provided that such person or body of persons knowingly and wilfuUy committed each of such offences.

practical Knowledge in factories &o.

Power to prosecute Arms &c. lb. «. 227.

Penalty on persons committing offence for which occupier Is liable. lb.: 228.

Exemption of occupier from penalty on conviction of actual offender lb. t. 229.

234 . (1) Any person or l>ody of persons in occupation of any factory or shop may be prosecuted for any offence in the true ostensible or reputed name of" such person or body of persons and a conviction may be had and enforced by distress in that name against the actual occnpier.(a)

(2) No sentence of imprisonment in default of distress 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 net 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.

2 3 5 . Where an offence for which the occupier of a factory or shop is liable under this Act to a penalty has in fact been committed by some agent servant workman or other person such agent servant workman or other person shall be liable to the same penalty as if he were the occupier.

2 3 6 . (1) Where the occupier of a factory or shop is charged with an offence against this Act he sh:>ll be entitled upon information duly laid by him to have any otlier person whom he charges as the actual offender 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 due diligence to enforce the execution of the Act and

(a) See as t o oases undor t h e Ac t s formerly hi for;'e.-and Dangerfield v. McDonald and Co., 1914 V.L.R., 3 3 /

-Bishop v . Chung Bros., 4 C.L.R. , 12G2,

Wo. 3677.] FACTORIES AND SHOPS ACT 1928. - 473

that the said other person had committed the offence in question with- Factoriet and out his knowledge consent or connivance the said other person shall s*op*Aet 1916-

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 factory 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 also that it had been committed without the knowledge consent or connivance of the occupier and in contravention 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.

237. A court of petty sessions in addition to imposing a penalty Power ,or court

for a contravention of any of the provisions of this Act or the regula- J5™rn»™ <Juont

tions made thereunder or of a determination of a Wages Board or of to employes, the Court of Industrial Appeals may order(a) the offender to pay to Ib- '•232-any person in respect of whom he has been convicted of a contravention as aforesaid and who is or has been in his employ such sums for arrears of pay or overtime or tea money (for any period not exceeding twelve months) as the court may consider to be due to such person*6' and any such sum may be recovered by distress and in default in default of payment the offender shall be liable to imprisonment with or with- ^ p ^ ^ e n t out hard labour for a term of not more than three months.

Nothing in section two hundred and thirty-two of this Act after Power of court the words " the price or rate so determined " shall in any way limit or t°££ler

t of affect the jurisdiction conferred by this section. arrears due to

" employes.

238. (1) If a factory or bake-house is not kept in conformity shops Act 1927 with this Act or if in any factory or bake-house there is a contraven- P'ena|t for not tion of any of the provisions of this Act the occupier thereof shall if keeping factory no other penalty is by this Act provided be liable to a penalty of not £ conformity more than Ten pounds and to a further penalty of One pound for ^Jne and every day during which such breach continues after the delivery SAOM Act 1915 by an inspector at his factory or bake-house of a notice notifying him *'2 3' that a breach of the provisions of this Act is taking place by reason of such factory or bake-house not being kept in conformity with this Act or by' a contravention thereof otherwise occurring.

(2) The court in addition to or instead of imposing such penalty may order certain means to be adopted by the occupier within the time named in the order for the purpose of bringing his factory or bake-house into conformity with this Act and may upon application enlarge the time so named ; but if after the expiration of the time as originally named or enlarged by subsequent order the order is not complied with the occupier shall be liable to a penalty of not more than One pound for every day thereafter that such non-compliance continues.

(a) The court is not obliged to make an order. Ltd., (1923) V.L.R., 518. I t has a discretion in the matter.—Howard v. (6) See Roberta v. Watson, (1921) V.L.R., Springvak Saw, Milling and Building Co. Pty. 177, oited in note to section 232.

474 FACTORIES AND SlIOPS ACT 1928. [19 GEO. V.

Factoriet and Shop' Act 1915 «. 234. Penalty on parent for allowing child or younK person to be employed contrary to the Act.

Penalty for employing persons contrary to the Act.

Times for meals and absence from work. 76. «. 235.

Penalty for obstructing inspector. 16.*. 280.

239. (1) The parent of a child or person under eighteen years of age shall, if such child or person is employed in a factory contrary to the provisions of this Act be liable to a penalty of not more than One pound for each offence unless it appears to the court that such offence was committed without the consent connivance or wilful default of such parent.

(2) "Where a child or person under eighteen years of age is employed in a factory contrary to the provisions of this Act, the occupier of the factory shall be liable to a, penalty of not more than Three pounds, or if the offence was committed during the night of not more than Five pounds for each child or person so employed.

2 4 0 . A person who is not allowed times .for meals and absence from work as required by this Act, or during any part of the times allowed for meals and absence from work is in contravention of the provisions of this Act employed in the factory or allowed to remain in any room, shall be deemed to be employed contrary to the provisions of this Act.

2 4 1 . (1) Where an inspector is obstructed in the execution of his duties under this Act the oerson obstructing him shall be liable to a penalty of not more than Five pounds.

(2) Where an inspector is so obstructed in a factory, the occupier of that factory shall be liable to a penalty of not more than Five pounds or" where the offence is coninutted at night of not more than Twenty pounds.

Presumption of law and evidence in proceedings as to employment In factory contrary to Act. lb. s. 287.

What not part of factory.

Forgery of certificates false entries and declarations. lb. a. 233.

2 4 2 . (1) If one or more such circumstances as in the o presumption that such person factory contrary to the provisi; of law that such person or pen if any such person or persons i the machinery of the factory bringing food to the persons e, which he or they are so found such presumption shall not be

(2) Yards play-grounds ui rooms waiting-rooms and otl> which no machinery is used or be taken not to be any parts . section.

lersons is or are found in a factory under >inion of the court adjudicating raise a or persons have been employed in such ins of this Act it shall be a presumption .ons have been so employed, provided that ire shown to be in such factory while all is stopped or for the sole purpose of

n ployed in the factory or if the time at is shown to be the time allotted to meals, deemed to have arisen, id places open to the public view schooler rooms belonging to the factory in manufacturing process carried on shall

>f the factory within the meaning of this

2 4 3 . (1) Every person who forges or counterfeits any certificate of the kind prescribed or requiml for the purposes of this Act (for the forgery or counterfeiting of which no other punishment is provided), or who gives or signs any such certificate knowing the same to be false in any material particular, or who knowingly utters or makes use of any certificate so forged counterfeited or false as aforesaid, or who knowingly utters or makes \va of as applying to any person a certificate which does not so apply, or who personates any person named in a certificate, or who wilfully connives at the forging counterfeiting giving signing uttering making use or personating as aforesaid, shall


be liable to a penalty of not more than Twenty pounds or to imprison- Factor™ and ment with or without hard laboilr for a term of not more than three SAop*'4<"1916* months.

(2) Every person who wilfully makes a false entry in any book raise entries register notice certificate list record or document required by this declarations. Act to be kept or served or sent, or who wilfully makes or signs a false declaration or return under this Act, or who knowingly makes use of any such false entry or declaration or return, shall be liable to a penalty of not more than Twenty pounds or to imprisonment with or without hard labour for a term of not more than three months.

244. Every employer who dismisses from his employment any penaityfor employe by reason merely of the fact that the employe— employe1 i°n

(a) is a member of a Wages Board ; or n'TissT'9' (b) has after having given reasonable notice to his employer of

his intention absented himself from work through being engaged in other duties as a member of a Wages Board ; or

(c) has given information with regard to matters under this Act to an inspector,

shall be liable to a penalty of not more than Twenty-five pounds for each employe so dismissed.

245. A shopkeeper or a person acting or apparently acting in the penalty tor management of a shop who fails or neglects to close his shop in "^peottoolose

accordance with this Act or any regulation or by-law made thereunder n. «.24o. shall for the first offence be liable to a penalty of not more than Two ^j£,l%°wvj pounds and for a second offence to a penalty of not less than Two nor «• 33. more than Twenty-five pounds and for a third or any subsequent offence to a penalty of not less than Twenty-five nor more than Fifty pounds.

246. Every person who is guilty of a contravention of any of the Meaning of provisions of this Act or any regulation by-law or determination of0Jt^^eiand a Wages Board or of the Court of Industrial Appeals thereunder shall shop* Action be deemed to be guilty of an offence against the said Act regulation 'Faci^rUs and by-law or determination of a Wages Board or of the Court of shops Act 1927 Industrial Appeals.

247. Every person guilty of any offence against this Act or any Penalty for regulation by-law or determination of a Wa.ges Board or of the Court of otherwise

Industrial Appeals thereunder for which no other penalty is pro- ^ ^ ^ vided shall for the first offence be liable to a penalty of not more than Two shops Act 1915 pounds and for every subsequent offence to a penalty of not less than One pa^^ , ant pound nor more than Ten pounds. shops Act 1927

PABT XIII.—REGULATIONS.

248. The Governor in Council may by order published in the Regulations.

Government Gazette make regulat ions— Factories and for fixing a scale of fees to be taken by certifying medical,. 2*2.

practitioners for examinations and reports made, arid certificates given by such certifying medical practitioners in pursuance of the provisions of this Act, and for making provision generally with regard to such examinations certificates and reports;

476 FACTOEIES AND SHOPS ACT 1928. [19 GEO. V.

Faetoriet and Short Act 1916.

for prescribing the form of notices to be given in pursuance of this Act ;

for prescribing the form of returns to be made by occupiers and by employers;

for prescribing the provisions of this Act and regulations thereunder to be posted in factories, and the forms of and particulars to be given in records to be made or kept by occupiers of factories ;

for prescribing the periods at which and the materials with which the floors and windows of factories and bake-houses and the privies and urinals used in connexion therewith are to be washed and eieaned ;

for prescribing the clashes of factories in which persons under the age of sixteen are to obtain certificates of fitness for employment;

for requiring employers to famish all information necessary for preparing lists and rolls of electors none of whom shall be under the age of eighteen years for Wages Boards, and for determining the mode of preparing such lists and rolls, and the mode of electing members of such Boards, and the appointment and duties of returning officers ;

for prescribiug*thecharueter of the examinations and conditions under which certificates of competency or service may be granted under Division sixteen of Part I I I . of this Act ;

for prescribing the fees to be charged for suspending pursuant . to the provisions of this Act the operation of any of the

provisions thereof in any fnctory ; for imposing penalties not exceeding Five pounds on any person

failing or neglecting to comply with any regulations made under this Act ;

for prescribing where the stamp shall be placed on any class or any kind of furniture ;

for prescribing the means method and amount in factories and shops of fire-escape fire-preveution ventilation air-space cleanliness sanitary provisions and arrangements for securing the health safety and convenience of employes ;(a)

for prescribing the times and places of meeting of Wages Boards and their mode of procedure and the rates of pay to be given to the chairman and to members of Wages Boards for attendance at the meetings of such Boards ; and

generally for the better carrying out of the provisions of this Act.

Alteration or rescission of regulations not to affect legal rights. lb. s. 243.

2 4 9 . When any regulation or by-law made or continued in force under this Act is altered or rescinded by any subsequent regulation or by-law, such alteration or rescission shall not, unless the contrary intention appears, directly or indirect ly affect either any legal proceedings commenced or which might be taken for any contravention of any such altered or rescinded regulation or by-law or affect any right or privilege

(o) This ia a general power which is not affected or restricted by the fact that there are other sections in the Act which to some extent may be

said to provide for the same objects.—Williams v. Chief Inspector of Factories, (1924) V.L.R., 321, 391.

JSO. 3677.] FACTORIES AND SHOPS ACT 1928. 477

acquired or obligation imposed or liability to any penalty forfeiture or Factona and punishment incurred or imposed thereunder before the commencement Shop> Aet m 5 -

of the operation of any such alteration or rescission. 250. (1) If any person desires to dispute the validity of any Regulations and

regulation or by-law made or purporting to have been made or continued tratedin"11

in force under any of the provisions of this Act it shall be lawful for such j " p r e m e Court' person to apply to the Supreme Court upon affidavit for a rule calling upon the chief inspector in the case of a regulation or on the municipal council making such by-law (as the case may be) to show cause why snch regulation or by-law 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. 0

(2) Every such regulation or by-law shall unless and until so quashed have and be deemed and taken to have the like force validity and effect as if such regulation or by-law had been enacted in this Act or in any Act repealed thereby, and shall not be in any manner liable to be challenged or disputed ; but any such regulation or by-law may be altered or revoked by any subsequent regulation or by-law under this Act.

SCHEDULES.

FIRST SCHEDULE. Seotion 2.

Number of

Act. Title of Act. Extent of Repeal.

2650 . . Factories and Shops Act 1915 So much as is not already repealed 2845 . . White Phosphorus Matches Prohibi

tion Act 1916 The whole

3048 . . Factories and Shops Act 1919 So much as is not already repealed 3093 . . Factories and Shops Act 1920 The whole 3112 . . Factories and Shops Act 1920 (No. 2) The whole 3181 . . Factories and Shops (Fruit Shops) Act

1922 The whole

3252 . . Factories and Shops Act 1922 The whole 3573 . . Factories and Shops Act 1927 The whole

478 FACTORIES AND SHOPS ACT 1928. [19 GEO. V

BeeUoM 17,1S8, SECONC SCHEDULE.

ANHTTAL F E E S J O B RBOISTBATION o r FACTORIES OR SHOPS.

For every factory or shop in which— the occupier works alone not more than two persons are e aployed more than two and not more then four persons are employed more than four and not more then ten persons ore employed more than ten and not more tha \ twenty persons are employed more than twenty and not more than thirty persons are employed more than thirty and not more than fifty persons are employed more than fifty and not more th- i one hundred persons are employed more than one hundred persons u:s employed

Any person or body of persons occupying two or more-separate faotories shall pay a fee calculated on the aggregate number of all the employes in all of the separate faotories.

£ a. d. 0 2 6 0 6 0 0 10 0 1 0 0 2 0 0 3 0 0 4 0 0 5 0 0

10 0 0

Section 38, THIRD SCHEDULE.


Overtime Worked by Males under Sixteen and Females (of any age).

Date when Overtime worked. Number of Employed. I Number of Hours Worked by.

Females. Boj sunder Sixteen, i Females. Boys undor ' Sixteen.

Reasons for Overtime :-

To the Chief Inspector of Factories, Melliourne.

Signature of Occupier.

Date.

Sections 77, 83, 84, K5, 06

FOURTH SCHEDULE.

Bread shops. Confectionery and pastry shops. Eating-houBes. Fish and oyster Bhops. Flower shops. Fruit and(a) vegetable shops. Booksellers' and news agents' shops. Cooked meat (other than tinned meu1) Bhops.

(a) " And " is equivalent to " and/or ".—Hell o Booker, (1921) V.L.R., 471, 475.

Xo. 3677.] FACTOBIES AND SHOPS ACT 1928. 479

FIFTH SCHEDULE.


L I S T FOR E L E C T O R S ' R O L L OF ALL P E R S O N S OF E I G H T E E N Y E A R S OF A G E AND U P W A R D S E M P L O Y E D B Y {state name of employer).

N a m e of Employer—

Address—

N a t u r e of Process, T r a d e , Business, or Occupat ion carr ied on—

Section 141.

Name of Person employed. Indicate opposite each name* whether Employe is— Address— Kind

Surname. Christian or other Name in full. Male. Female. Number. eet. Place.

by each Employfi.

I certify t h a t t h e above is a t r ue and correc t l ist of all t h e persons of e ighteen yea r s of age and u p w a r d s employed , a t t h e d a t e of th i s list, as descr ibed above .

S igna tu re of Occupier or Manager—

D a t e —

S I X T H S C H E D U L E .

C E R T I F I C A T E OF E M P L O Y M E N T AS AN I M P R O V E R I N T H E *

N a m e of E m p l o y e —

Class of Work Employed at.

Period.

From. To.

Length of Service.

Years. Months. Weeks.

Section 202.

• Here state the nature of the process trade business or _ ooeupation in

We hereby certify the particulars placed v>1tie,i ,u<!* opposite our signatures are correct. person was

employed. Employer's Signature.

EmpIoy6's Signature.

Th i s Certificate m u s t be p roduced by t h e I m p r o v e r when seeking new employment .

factories and shops act 1928

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