LABOUR AND INDUSTRY ACT 1958. An Act to consolidate the Law relating to the Ministry of ...

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1958. Labour and Industry. No. 6283
No. 6283.
LABOUR AND INDUSTRY ACT 1958.
An Act to consolidate the Law relating to the Ministry
of Labour and Industry, Industrial Matters
and the Supervision and Regulation of Factories
Shops and other Premises.
[30th September, 1958.]
BE it enacted by the Queen's Most Excellent Majesty by and
with the advice and consent of the Legislative Council and
die Legislative Assembly of Victoria in this present Parliament
assembled and by the authority of die same as follows (that is
to say):—
1. This Act may be cited as the Labour and Industry short atie
Act 1958, and shall come into operation on day to be fixed m^f^ST
by proclamation of the Governor in Council published in the divtaton-
Government Gazette, and is divided into Parts and Divisions as
follows:—
Part I.—Introductory ss. 3-7.
Part II.— f Division 1.—The Department ss.
Administration •! 8-14.
ss. 8-19. I Division 2.—General ss. 15-19.
1958. Labour and Industry. No. 6283
Division 1.—Constitution of Wages
Boards ss. 20-29.
Part HI.—
Division 2.—Powers of Wages Boards
Industrial
ss. 30-33.
Tribunals
Division 3.—Determinations ss. 34-41.
ss. 20-48.
Division 4.—Industrial Appeals Court
ss. 42-48.
Part IV.— Registration of Premises ss. 49-55.
Division 1.—Conditions in Factories
ss. 56-65.
Division 2.—Outside Workers ss.
Part V.—
66-69.
Factories
Division 3.—Females and Young
ss. 56-77.
Persons ss. 70-73.
Division 4.—Hours of Work ss.
74-77.
Division 1.—Introductory ss. 78-79.
Division 2.—Trading Hours, General
ss. 80-83.
Part VI.—
Division 3.—Trading Hours in
Shops
Metropolitan District ss. 84-87.
ss. 78-98.
Division 4.—Trading Hours outside
Metropolitan District ss. 88-90.
Division 5.—General ss. 91-98.
'Division 1. Carriage of Goods ss.
99-101.
Division 2.—Bread ss. 102-106.
Part VII.—
Division 3.—Meat ss. 107-108.
Various
Division 4.—Milk s. 109.
Trades
Division 5.—Watchmen s. 110.
ss. 99-121.
Division 6.—Billposting s. 111.
Division 7.—Stamping Furniture ss.
112-121.
Division 1.—Places of Employment
ss. 122-127.
Division 2.—Conditions of Employment
Part VIII.—
ss. 128-141.
Places and
Division 3.—Annual Holidays ss.
Conditions of
142-149.
Employment
Division 4.—Long Service Leave ss.
ss. 122-173.
150-164.
Division 5.—Apprentices and Improvers
ss. 165-173.
1958. Labour and Industry. No. 6283 413
Division 1.—Machinery Guards,
Precautions against Accidents, &c. ss.
Part IX.—
Safety 174-181.
Provisions Division 2.—Steam Engines and Boilers
ss. 174-185. ss. 182-184.
Division 3.—White Phosphorus s.
185.
'Division 1.—Inspections ss. 186-188.
Part X.— Division 2.—Legal Proceedings ss.
General and 189-199.
Supplementary Division 3.—Offences and Penalties
ss. 186-207. ss. 200-205.
.Division 4.—Regulations ss. 206-207.
2. (1) The Acts mentioned in the First Schedule to the Repeal,
extent thereby expressed to be repealed are hereby repealed schedule,
accordingly.
(2) Except as in this Act expressly or by necessary implication
provided—
(a) all persons things and circumstances appointed or
created by or under any of the repealed Acts, or
existing or continuing under any of such Acts
immediately before the commencement of this
Act, shall under and subject to this Act continue
to have the same status operation and effect as
they respectively would have had if such Acts had
not been so repealed ;
(6) in particular and without affecting the generality of
the foregoing paragraph, such repeal shall not
disturb the continuity of status operation or effect
of any proclamation regulation by-law order rule
application determination declaration petition
direction registration licence permit certificate
exemption approval nomination appointment notice
fee transfer suspension record recognisance
proceeding appeal liability or right made issued
granted given presented passed fixed accrued
incurred or acquired or existing or continuing by
or under any of such Acts before the commencement
of this Act.
PART I.—INTRODUCTORY.
3. (1) In this Act unless inconsistent with the context or interpretation,
subject-matter— NO. 5771 s. 3.
" Appointed date of transfer " with respect to any Act or " Appointed
enactment the administration of which or any power tSSSw."
or duty under which is transferred pursuant to this
VOL. IV.—14
414 1958. Labour and Industry. No. 6283
Act to the Minister of Labour and Industry means
the date on which in each particular case the
administration of such Act or enactment or such
power or duty is so transferred.
Apprentice" means any person of not more than
" Appreo-
twenty-one years of age bound by indenture of
apprenticeship or any person over twenty-one years
of age who with the sanction of the Secretary is bound
by indenture of apprenticeship.
" Board of ' Board of Reference" means a Board of Reference
Reference." constituted pursuant to a determination of a Wages
Board under this Act
' Bread" includes not only bread made in accordance
' Bread.'
with the requirements of the Bakers and Millers Act
1958 but also bread containing fat or malt or sugar
or any product or by-product of malt or sugar or
any other ingredient whatsoever, and whether in the
form of loaves or rolls or in any other form, but does
not include buns scones or crumpets.
' By-law " means by-law under this Act.
" By-law."
" Chief ' Chief inspector " means the chief inspector of factories
Inspector." and shops under this Act.
•Chfld.' ' Child " means-
Co) until the day fixed by proclamation under
section three of the Education Act 1958—
a boy under the age of fourteen years or a
girl under the age of fifteen years ;
(b) on and from such day—a person under the
age of fifteen years.
"Cooked ' Cooked meat " includes sausages of all kinds.
meat."
' Council " means the council of any municipality.
" Council."
" Depart ' Department" means the Department of Labour and
ment." Industry under this Act.
" Determina ' Determination" means determination of a Wages
tion." Board or of the Industrial Appeals Court.
' Division " means Division of a Part.
' Division.'
' Factory" means any premises or place where any
' Factory."
manufacturing process is carried on and where—
(a) two or more persons are directly or indirectly
employed in such process (whether on
their own account or behalf or for hire or
reward) ; or
(b) if—
(i) any Chinese person is so employed;
or
1958. Labour and Industry. No. 6283 415
(ii) steam water gas oil or electric
power (exceeding one-half
horsepower) is used in any
manufacturing process ; or
(iii) any goods made of bamboo or
wicker or any prescribed
substitute therefor or any
furniture is prepared or
manufactured ; or
(iv) any process is used involving
mixing or pasting or smelting
in connexion with the
manufacture or repair of electric
accumulators or involving the
use of a compound of lead ; or
(v) any bread or pastry is made or
baked for trade or sale or any
confectionery or cereal food for
human consumption is prepared
or manufactured for trade or
sale; or
(vi) fish or poultry are prepared for
trade or sale by wholesale—
one or more persons is so employed—
and includes any premises or place where electricity
is generated or mechanically transformed for the
supply of heat or light or power or where coal
gas is made and any clay pit or quarry worked
in connexion with and occupied by the occupier
of any pottery or brickyard ; but does not include
any part of a poultry farm where poultry are not
dressed for trade or sale by wholesale or the premises
of an outside worker who is licensed under this
Act.
"Farriers' work-shop" means any place (other than a - Farriers-
n
race-course) where horses are shod by a farrier in work'shop-"
the course of his business.
" Footwear " means boots shoes slippers and sandals. " Footwoar.-
" Furniture " means furniture of which wood forms a part - Fumtture."
and such as is usually made by cabinet-makers chair
and couch makers upholsterers wood carvers or
or wood turners.
" Government department" includes any Government
" Government
department other than the Department of Labour de')aitment-"
and Industry and also (if the case so requires) any
responsible Minister of the Crown for the time being
administering a Government department.
1958. Labour and Industry. No. 6283
" Guard " includes fence.
' Guard."
' Handicraft.' " 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." " Improver " means any person (other than an apprentice)
who does not receive a piecework price or a wages
rate fixed by any determination for persons other
than apprentices or improvers and who is not over
twenty-one years of age or who being over twenty-one
years of age holds a licence from the Secretary to be
paid as an improver.
' Inspector ' " Inspector" means an inspector of factories and shops
under this Act and includes the chief inspector and
the assistant chief inspector.
' Laundry." " Laundry " does not include any institution or place in
which the only persons employed are—
(a) inmates of any gaol juvenile school or other
institution for the time being subject to
inspection under any Act other than this
Act; or
(b) inmates of an institution conducted in good
faith for religious or charitable purposes.
" Manufacturing process" includes any handicraft or
" Manufac
turing process in or incidental to the making assembling
process."
altering repairing renovating preparing ornamenting
finishing cleaning washing or adapting of any goods
or articles or any part thereof for trade or sale or
gain or for purposes ancillary thereto, and
" Manufac " Manufacturing " has a corresponding interpretation.
turing."
" Minister " means the Minister of Labour and Industry
" Minister."
under this Act or any Minister for the time being
acting for or on behalf of the Minister.
" Munici " Municipality " includes the City of Melbourne and the
pality."
City of Geelong.
" Occupier.'" " Occupier " of premises includes any person who is the
employer of persons working at any trade usually
carried cm therein.
' Part." " Part" means Part of this Act.
' Prescribed." " Prescribed" means prescribed by this Act or the
regulations.
"Pro " Proclamation " means proclamation of the Governor in
clamation."
Council published in the Government Gazette.
" Public " Public holiday " means public holiday appointed by or
holiday."
under the Public Service Act 1958.
" Regula
tion.5 " Regulation " means regulation under this Act.
" Schedule." " Schedule " means Schedule to this Act.
" Secretary.' " Secretary " means the Secretary to the Department.
1958. Labour and Industry. No. 6283 417
" Shop" means any building or place or portion of a •• shop.*
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,
boot repairers' shops, farriers' work-shops, the rooms
of dyers and clothes cleaners commonly known as
dyers' shops and clothes cleaners' shops and of agents
of any such dyer or clothes cleaner, lending libraries,
undertakers' establishments and the rooms of tailors
or photographers.
" Shopkeeper " means the occupier of a shop and includes " Shop
a hawker or pedler. keeper."
" Trade " includes process trade business and occupation. " Trade."
" Wages Board " means Wages Board appointed under
" Wanes
this Act or any corresponding previous enactment. Board."
" Warehouse " means any building or portion of a building " Ware
or place in which goods are sold or offered for sale house."
by wholesale.
" Week " means the period between midnight on Saturday
' Week."
night and midnight on the succeeding Saturday night.
(2) For the purposes of this Act each of the following acts
" Making of
shall be deemed to be the making of bread :— bread."
(a) The dividing of bread dough ;
(b) The weighing of bread dough ;
(c) The kneading or moulding of bread dough ;
(d) The placing of bread dough in boxes or tins or on
trays.
(3) For the purposes of this Act each of the following acts
" Baking ol
shall be deemed to be the baking of bread :— bread."
(a) The setting of dough in the oven;
(b) The withdrawal of bread from the oven.
(4) (a) For the purposes of this Act the municipal districts "Metrc-
of Box Hill Brighton Brunswick Camberwell Caulfield Coburg dPstrS."
Collingwood Essendon Fitzroy Footscray Hawthorn Heidelberg
(except the North ward) Kew Malvern Melbourne Moorabbin
Northcote Nunawading Oakleigh Port Melbourne Prahran
Preston Richmond Ringwood Sandringham South Melbourne St.
Kilda Sunshine and Williamstown and the Broadmeadows and
Campbellfield wards of the city of Broadmeadows and the
Doncaster and Templestowe ridings of the shire of Doncaster and
Templestowe and the lands vested in The Melbourne Harbor
Trust Commissioners shall form one district to be called the
Metropolitan District.
(b) The Governor in Council may by proclamation extend
the Metropolitan District by including within the Metropolitan
District any adjoining municipal district or portion thereof.
418 1958. Labour and Industry. No. 6283
" Process (5) The expression "process trade business or occupation"
trade
business or or any expression including one or more of such words when
occupation." 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 requires.
Application 4. Except as otherwise expressly provided this Act shall apply
of Act. throughout Victoria.
No. 5771 s. 4.
Water 5. Where any municipality is bounded whether in whole or in
boundaries of part by any lake or by the sea-shore all provisions of this Act
muni
cipalities. determinations regulations and by-laws which are in operation
No. 5771 s. 5.
in such municipality shall within a distance of three miles from
such boundary be operative also in all parts of such lake or
the sea.
Exemptions 6. (1) Except as otherwise expressly provided nothing in
from this Act shall apply to persons while engaged in dairying
provisions of
Act. agriculture horticulture viticulture or pastoral pursuits outside the
No. S771 s. 6.
Metropolitan District.
(2) The operation and application of this Act insofar as
relates to and with respect to Wages Boards and the Industrial
Appeals Court and determinations shall not in any way be limited
by the foregoing provisions of this section.
1. The Governor in Council may at any time by Order
Power to
revoke published in the Government Gazette revoke alter or vary any
Orders in
Council. Order in Council made pursuant to the provisions of this Act.
No. 5771 s. 7.
PART II.—ADMINISTRATION.
DIVISION 1. THE DEPARTMENT.
8. For the purpose of promoting the industrial welfare of the
Establishment
of people throughout Victoria and for the better exercise of the
Department
of Labour powers conferred upon or transferred to the Minister by or under
and Industry
this or any other Act there shall be a Department of Labour and
No. 5771 s. 8.
Industry to consist of—
(a) a Minister of Labour and Industry who shall be a
responsible Minister of the Crown; and
(b) a Secretary to the Department and such other officers
and employes (whether permanent or temporary)
as are deemed necessary.
1958. Labour and Industry. No. 6283 419
9. (1) The office of Minister of Labour and Industry under References in
this Act shall be deemed to be the same as the office of Minister of &*'touS*
Labour recognized or referred to in any Act or enactment or ^"^"j ,
document in force for the time being. (2°'o). *'
(2) The Department of Labour and Industry under this Act ^ e f|rerce3in
h
shall be deemed to be the same as the Department of Labour Icftotn"'
recognized or referred to in any Act or enactment or document in Departinent-
force for the time being.
10. It shall be the duty of the Minister in the exercise and General
performance of any powers and duties conferred upon or 8Stieso! n
transferred to him by or under this or any other Act to take all ??ini""' ,
n
t 1 1 - 11 i rr No. 5771 S 10.
such steps as may be desirable to secure the preparation effective
carrying out and co-ordination of measures conducive to the
industrial welfare of the people, including measures relating to—
(a) conditions of employment generally including wages
hours of work rest periods and holidays;
(b) establishment of employment offices and the
prevention and mitigation of unemployment;
(c) the employment of women children and young
persons including vocational guidance and training
and apprenticeship;
(d) industrial safety health and welfare including the
control of dangerous methods and materials the
guarding of machinery, the prevention of accidents,
the control and regulation of the industrial aspects
of noxious trades, industrial lighting and
ventilation, and the provision of amenities;
(e) industrial relations including the prevention and
settlement of industrial disputes;
(/) the training of persons for industrial services;
(g) the initiation and direction of research and the
collection preparation publication and dissemination
of information and statistics relating to any of the
matters referred to in this section;
(h) the encouragement of the establishment development
and expansion of industries throughout Victoria.
420 1958. Labour and Industry. No. 6283
11. The Secretary shall—
Secretary to
the
Department. (a) for the purposes of the Public Service Act 1958 be
No. 5771 8.11. the permanent head of the Department; and
(b) subject to the Minister have the responsibility of
administering all the Acts and enactments
administered in the Department.
Transfer of 12. (1) On the respective appropriate appointed' dates of
officers. &c, transfer, such officers of and employes in any other Government
of other
Departments, department as are employed in or about the execution of any
&c.
No. 5771 B. 12 powers or duties which by or under this or any other Act are
(2)-(4). conferred upon or transferred to the Minister as the Governor in
Council on the recommendation of the Public Service Board
determines shall be transferred and attached to the Department of
Labour and Industry and be deemed to have been appointed to
corresponding offices and positions in the Department of Labour
and Industry under this Act.
saving. (2) Notwithstanding anything in this Act, no officer or
person whosoever shall by reason of the operation of this Act be
in any worse position with regard to his accrued or accruing
rights as such officer or employe than he would have been if this
Act or the corresponding previous enactment had not been passed.
(3) The following expressions and expressions of a like
Interpretation
of certain meaning or referring to a like subject-matter wherever occurring
expressions.
in any Act enactment proclamation Order in Council regulation
by-law order or document shall (if not inconsistent with the
context or subject-matter) be read and construed as on from and
after the date of coming into operation of the Labour and Industry
Act 1953 as follows:—
" Department of Labour" shall mean or refer to the
Department of Labour and Industry; and
" Officer" of the " Department of Labour" or of the
" Department" shall mean or refer to officer of the
Department of Labour and Industry.
Administra 13. (1) The Minister shall administer the Acts and enactments
tion by
Minister of specified in Part A of the Second Schedule.
certain
enactments.
No. 5771 s. 13.
Second
Schedule (2) On the respective appropriate appointed dates of transfer
Part A.
there shall be transferred to the Minister the powers and duties
Transfer to
Minister of theretofore vested in or imposed on any other Minister in relation
certain
powers and to the administration of the several Acts and enactments specified
duties of
other in Part B of the Second Schedule and as on and from those
Ministers.
respective dates the Minister shall administer such several Act and
Second
Schedule enactments accordingly.
Pbrt B.