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Labour and Industry (Repeal) Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill repeals the Labour and Industry Act 1958 and amends the
ANZAC Day Act 1958 to re-enact certain provisions currently in the
Labour and Industry Act 1958 that pertain to the closure of factories and
warehouses on ANZAC Day. The Bill also makes consequential
amendments to the Education and Training Reform Act 2006 and the
Pipelines Act 2005.
Clause Notes
Clause 1 sets out the purposes of the Bill, which are--
· to repeal the Labour and Industry Act 1958;
· to amend the ANZAC Day Act 1958, to include
provisions relating to the closure of factories on
ANZAC Day, which are currently contained in the
Labour and Industry Act 1958; and
· to make consequential amendments to two other Acts:
the Pipelines Act 2005 and the Education and
Training Reform Act 2006.
Clause 2 states that the Act will come into operation on the day after the
day on which it receives Royal Assent.
Clause 3 repeals the Labour and Industry Act 1958. The Labour and
Industry Act 1958 originally served as the primary source of
workplace regulation, containing broad provisions concerning
registration of shops and factories, general workplace conditions,
safety requirements and the control of certain trades. Over time
numerous other Acts have replaced operative elements of this
legislation. For example, the Industrial Relations Act 1979,
which has in turn been superseded, became the primary
instrument for regulating workplace relations in this State.
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The Occupational Health and Safety Act 2004 regulates
workplace health and safety. Most provisions of the Labour and
Industry Act 1958 have already been repealed. There are now
no regulations under this Act. The remaining provisions cover a
minimal number of matters, such as the provision of toilets and
restrictions on the delivery of bread. In 2007 the Victorian
Competition and Efficiency Commission reviewed the Act and
concluded that it should be repealed as redundant legislation.
In its response to this recommendation in November 2007, the
Government agreed that this Act is redundant and can be
repealed subject to the re-enactment of section 139 in the
ANZAC Day Act 1958. Section 139 is re-enacted with minor
amendments by clause 5.
Clause 4 inserts new part headings into the ANZAC Day Act 1958 as a
result of clause 5.
Clause 5 inserts a new "Part 3--Closure of Factories and Warehouses on
ANZAC Day" into the ANZAC Day Act 1958 after section 5A
of that Act. New Part 3 deals with the closure of factories and
warehouses on ANZAC Day. This Part largely replicates, with
some amendments, section 139 of the Labour and Industry Act
1958. New section 5B includes definitions that are material to
the description of factories that are to remain closed on ANZAC
Day. The definitions cover the terms bread (but not buns, scones
or crumpets), factory, laundry (the definition of laundry in the
Labour and Industry Act 1958 also excluded juvenile schools.
These institutions have been replaced by Youth Justice Centres
and Youth Residential Centres. Neither of these institutions are
occupied in cleaning or otherwise preparing laundry, and have
therefore been excluded from the definition being inserted into
the ANZAC Day Act 1958), manufacturing process and special
manufacturing process, occupier, trade, warehouse and yeast-
leavened dough.
New section 5C provides that factories and warehouses are
required to be closed on ANZAC Day. An occupier (which
includes an employer) of a factory or warehouse must ensure that
the factory or warehouse is kept closed on ANZAC Day and that
each employee in that factory or warehouse is given a holiday.
This does not apply to employees who are employed solely to
protect the premises, such as security guards.
A penalty of up to 100 penalty units applies to persons who do
not comply with this requirement.
An exemption applies to the types of factory listed in Schedule 2
or exempted by Order of the Governor in Council under
section 5D.
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If a body corporate is guilty of an offence, then any person
involved in the management of that body corporate is also guilty
of the offence and liable to the penalty. It is a defence to a
charge if the accused proves that the offence was committed by
the body corporate without that person's knowledge or consent,
and that person exercised due diligence to prevent the offence
being committed.
New section 5D provides that by order in the Government
Gazette, the Governor in Council may exempt a type of factory
from the requirements to close on ANZAC Day and to provide a
holiday to staff. Such an Order must be laid before both Houses
of Parliament as soon as practicable after it is made.
Clause 6 amends the Schedule to the ANZAC Day Act 1958. In the
Schedule to the ANZAC Day Act 1958 "SCHEDULE 1" is
substituted for "SCHEDULE" and "Labour and Industry Act
1958" is omitted from the Note to the Schedule.
Clause 7 inserts a new Schedule 2 into the ANZAC Day Act 1958 which
replicates the Seventh Schedule to the Labour and Industry Act
1958 and which specifies certain kinds of factories and
warehouses which are exempt from the requirements to close on
ANZAC Day and provide a holiday for employees. The exempt
factories and warehouses are those that carry on--
· printing, publishing or distributing newspapers;
· manufacturing or distributing gas or electric power or
light;
· any continuous manufacturing process;
· milk supply;
· the trade of a pastry cook; and
· every bread factory while dough is being prepared, or
after 8:00 p.m. when ANZAC Day is on a Friday.
Clause 8 amends section 5.4.1 of the Education and Training Reform
Act 2006 in the definition of factory by substituting "Part 3 of the
ANZAC Day Act 1958" for "Labour and Industry Act 1958".
Clause 9 amends clause 2(e)(ii) of Schedule 1 to the Pipelines Act 2005
by omitting the words "within the meaning of the Labour and
Industry Act 1958". The ordinary meaning of factory is
sufficient in this clause.
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Clause 10 provides for the repeal of this amending Bill on the first
anniversary of the day on which it receives the Royal Assent.
The repeal of this Bill does not affect in any way the operation
of the amendments made by this Bill (see section 15(1) of the
Interpretation of Legislation Act 1984).
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