DIVISION I.-INTERPRETATION - GEORGII V R,EGIS.

Interpretation.

•

IJe,

GBORGn V, No. 1453.

Industrial Code.-1920.

PART IV.

THE BOARD OF INDUSTRY.

250. The provisions of this Part of this Act are arranged as follows : -

DIVISION I.-Interpretation:

DIVISION II.-Constitution and Functions of Board of Industry:

DIVISION ilL-Scheduling and Grouping of Industries:

DIVISION Iv.-Living Wage:

DIVISION v.-General Provisions.

DIVISION I.-INTERPRETATION.

251. In this Part of this Act, unless inconsistent with the context or some other meaning is clearly intended-

"Allowances" means any allowance or concession or customa,ry payment in kind granted or made by an employer to his employes, and having an assessable monetary value, but shall not include-

(a) annual leave and public holidays:

(b) long service leave:, ( c) uniforms:

(d) privilege tickets and passes:

(e) allo,wances or concessions granted to employes while m camp:

(f) any other allowances or concessions prescribed by

regulations. .

"Apprentice" has the same meaning as in Part III. of this Act:

" Court" means the Industrial Court constituted by the Indus- trial Arbitration Act, 1912, and continued by Part II. of this Act:

" Determination" means any determination of an Industrial Board under Part III. of this Act, and includes a determination for the time being in force of a Wages Board :

" Employe" and "Employer" have the same meanings respectively as in Part III. of this Act:

" Improver" has the same meaning as in Part III. of this Act:

" Industry" has the same meaning as in Part III. of this Act:

" Living Wage" means a sum sufficient for the normal and reasonable needs of the average employe living in the locality where the work under consideration is done or is to be done:

"Minister" means the Minister of Industry or the Minister of the Crown for the time being discharging the duties of the office of Minister of Industry :

" Prescribed" means prescribed by regulations made under this Part of this Act.

DIVISION

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GEORGII V, No.

1453.

Industrial Code.-1920.

DIVISION n.-CONSTITUTION AND FUNCTIONS OF BOARD OF INDUSTRY.

PART lV.

DIVISION II.

252. There is hereby constituted a body corporate to be known The Board of

as "The Board of Industry," which shall have perpetual succession IcnfduNstrsy·w ' f

d I . ., ., ¹⁶⁰

an a common sea. ^1918,^s.^21.

253. The Board of Industry shall comprise a President who Constitution.

shall be the President or a Deputy President of the Industrial Cf. N.S.W., No. 39

C d f C . . f h h II b . of 1918, s. 7.

ourt an our omnnSSlOners, two 0 w om s a e representatIves of employers and two shall be representatives of employes.

254. (1) The President and one representative of employers ^Quorum.

and one representative of employes shall form a quorum.

(2) The President shall have a casting as well as a deliberative vote upon any question upon which the vote taken is otherwise equally divided.

255. (1) The Governor shall, as soon as practicable after the Appoi~t~ent of

passing of this Act, make all necessary appointments to the Board CommIssIoners.

of Industry.

(2) Not less than one month prior to the appointment of the Board of Industry the Minister shall publish in the Gazette a notice of intention to appoint such Board.

(3) The South Australian Employers' Federation may, at any time within one month from the publication of such notice, nominate, in the prescribed manner, two persons to be the representatives of employers.

(4) The United Trades and Labor Council of South Australia may, at any time within one month from the publication of such notice, nominate, in the prescribed manner, two persons to be the representatives of employes.

(5) The Governor shall appoint the persons so nominated.

(6) In case the said Federation or Council fail to make the necessary nominations the representatives of the employers or employes, as the case may require, shall, to the extent of such failure, be chosen by the Governor.

(7) The members of the Board of Industry shall be paid such salaries, fees, or allowances as may be prescribed.

256. (1) The members of the Board of Industry shall be Peri~d of

appo~nted for a period of three years. appOIntment.

(2) Any member may be removed from office by the Governor for misbehaviour or incapacity, and may resign at any time.

257. (1) On the happening of any vacancy in the office of Casual.

President or Commissioner of the Board of Industry the Governor vacancles.

shall, upon nomination as provided in section 255, as regards a Com- missioner, appoint a person to fill the vacant office. (2) In

PART IV.

DIVISION IT.

Functions of Board of Industry.

DIVISION llI.

Inquiries by the Board of Industry with reference to Industrial Boards.

Cf. N.S.W.

Industrial

Regulation, No. 23.

11° GEORGII V, No. 1453.

Industrial Code.-1920.

(2) In the case of illness or absence of any President or Commis- sioner of the Board of Industry the Governor may, upon such nomination as is provided for by subsection (1) hereof, appoint a person to act as President or a Deputy· Commissioner during such illness or absence, and the President or Deputy so appointed shall have all the powers and perform all the duties of the position.

258~ The functions of the Board of Industry shall be-

(a) to schedule and/or group industries for the purpose of the appointment of Industrial Boards, and to make recom- mendations to the Minister as to what (if any) new Industrial Boards should be appointed, and what Boards should be dissolved;

(b) to deal with applications to transfer any class of employes from the jurisdiction of one Industrial Board to the jurisdiction of another Board;

(c) to declare the living wage; and

(d) to exercise and perform such other functions and duties as may be directed by a resolution passed by both Houses of Parliament.

DIVISION IlL-SCHEDULING AND GROUPING OF INDUSTRIES.

259. The Board of IndLlstry may, as occasion shall arise, and in the prescribed manner, inquire and report to the Minister-

(a) what Boards, and with what transposition, division, sub- division, combination, arrangement, or grouping of industries, are recommended by the Board of Industry for constitution or appointment:

(b) what number of members of such Boards should be appointed:

(c) what Boards should be dissolved:

(d) whether certain employes or any class of employes for the time being bound, or about to become bound, by the determination of a Board, should be transferred to the jurisdiction of another Board.

InqUIry may also be 260. The Board of Industry may also proceed to make any

made on application such inquiry and report as aforesaid, upon application made in the

of persons interested.

prescribed manner and with the sanction of the Court first had and obtained-

(a) by an employer or employers who, in the opllllon of the Board of Industry have a direct interest in the subject of such inquiry :

(b) by not less than twenty employes who, in the opinion of the Board of Industry, have a direct interest in the subject of such inquiry :

(c) by

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GEORGII V, No. 1453.

⁹⁵

PART IV.

Industrial Oode.-1920. DIVISION III.

(c) by a. registered association whose members, in the opinion of the Board of Industry, have a direct interest in the

mbject of such inquiry:

(d) by the Public Service Commissioner as regards any subject of inquiry t,hat affeets Public Service employes:

(e) By the Railways Commissioner as regards any subject of inquiry that affects Railway employes.

261. The Board of Industry shall forward a copy of its report to Copy of report to

the Court. i~e!i~:na;:ded to

262. (I) The Board of Industry, before recommending the G~ve~ning

appointment of a Board, shall determine whether the general interests prmClples.

of the community will be best and most conveniently served by appointing the Board in such a manner that all employes who are employed in and in connection with the particular process, trade, business, or undertaking, carried on by the employers concerned, shall be placed under the operation of a Board or Boards for such process, trade, business, or undertaking, or whether such interests will be best and most conveniently served by placing some of such employes under the operation of a Board covering all employes engaged in a particular craft, occupation, or calling.

(2) The Board of Industry in making its recommendation for the appointment of a Board shall give effect to the determination at which it has arrived pursuant to subsection (I) of this section.

263. The report of the Board of Industry shall remain in force Operatioll ot

until cancelled, altered, amended, varied, or added to by a subsequent report.

report, and no new Board shall be constituted except in accordance 'with the report of the Board of Industry for the time being in force.

DIVISION IV.-LIVING WAGE. DIVISION IV.

264. The Board of Industry shall, after public inquiry as to the Livtng wage.

increase or decrease in the average'cost of living, make a determination declaring what shall be the living wage to be paid to adult male employes and to adult female employes with full power to fix different rates to be paid in different defined areas.

265. The Board of Industry shall hold an inquiry for the purpose First inquiry.

of declaring the living wage whenever a substantial change in the cost of living or any other circumstance has, in the opinion of the Board, rendered it just and expedient that the question of the living wage should be reopened and reviewed, but no new determination shall be made by such Board until the expiration of a period of at least one year from the date of its previous determination.

266. In declaring such living wages the Board of Industry shall Declar!ltion as to

not take into consideration any deductions from such wages for tleducbQus.

allow{tAc~St

267. The

PART IV.

DIVISION IV.

Publication and operation of

determination.

Operation in certain cases to be postponed.

Cf. Com. Arbi- tration (Public Service) Act, 1911, s.14.

Dete mination to be laid before

Parliament.

Ibid.

DIVISIO~ V.

Board to have powers of Royal Commission.

Regulations incorporating determinationg.

Power to authorise inquiry by

members.

Secrecy of Board.

11°

GEORGII V, No. 1453.

Industrial Code.-1920.

267. The determination of the Board of Industry, as to the living wage, shall be forwarded to the Minister and published in the Gazette, and shall, subject to the provisions of section 268, come into force on the fourteenth day after such publication.

268. No determination of the Board of Industry shall, as regards Public Service employes or Railway employes, come into force or have any effect whatever until after such determination has been laid before both Houses of Parliament, and in case the effect of such determination is to provide for the payment to such Public Service employes or Railway employel1 of increased wages prices or rates, until the money for the payment thereof has been appropriated by Parliament for that purpose: Provided that upon such appro- priation such determination shall take effect as from the date of the coming into operation of such determination as provided by section 267.

269. The Minister shall, within fourteen days after the receipt of such determination, if Parliament is then sitting, or if not, then within fourteen days after the next meeting of the Parliament, cause such determination to be laid before both Houses of Parliament.

DIVISION V.-GENERAL PROVISIONS.

270. The Board of Industry shall, in investigating any matter for the purposes of this Part of this Act, have

an

the powers of a Royal Commission under the" Royal Commissions Act, 1917," or any Act passed in substitution for or any amendment of that Act.

271. (1) Upon the exercise by the Board of Industry of the powers and functions specified in section 264, the Governor may make regulations incorporating the determinations and directions of such Board and any matters necessary or convenient to be prescribed for carrying such determinations and directions into effect.

(2) Upon the pUblication of any such regulations the provisions of awards relating to the matters dealt with by the Board of Industry

shall cease to have effect. .

272. The Board of Industry is authorised to appoint anyone or more of its members to conduct inquiries into specified matters.

273. Each member of the Board of Industry shall, upon his appointment, take ali oath not to disclose (except so far as may be necessary in the execution of his duties as such member) any matter or evidence before the Board relating to trade secrets, or the financial position of any person, or the contents of any books or documents produced before the Board, and if he violates his oath he shall be liable to a penalty not exceeding Five Hundred Pounds, and on conviction for such offence he shall cease to be a member.

274. The

rO GEORGII V, No.

1453.

IndustrialOode.-1920.

274. The Governor may make rules-

(a) regulating the practice, procedure, and forms under this Part of this Act;

(b) prescribing the powers, duties, and rights of any officer of the Board of Industry;

(c) for the making and enforcement of any orders made under this Part of this Act ;

(d) providing for the payment of witnesses' expenses; and (e) generally for giving effect to the provisions of this Part of

this Act, and the rules made thereunder, and may by such regulations impose penalties not exceeding Fifty Pounds for any breach thereof.

PART IV.

DIVISION V.

Rules.

275. No person shall hinder or obstruct the Board or any member Penalty.for

or officer thereof in the exercise of any power conferred by this obstructIon.

Part of this Act.

Penalty, Fifty Pounds.

N-14.53 PART

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