MEMORANDA OF THE COURT

Otago Witness, Issue 4029, 2 June 1931, Page 22

MEMORANDA OF THE COURT

A MAJORITY DECISION The memoranda submitted by Mr Justice Frazer and his colleagues in support of their respective conclusions are as follows: — TEXT OF GENERAL ORDER. In pursuance and exercise of'the powers conferred on it by part II of the Finance Act. 1.931, and of every other power in that behalf thereto enabling it, this court, having had regard to and taken into consideration the several matters and things as required by the said Act, doth hereby order that the several awards, industrial agreements (including agreements filed with a clerk of awards pursuant to section 8 of the Labour Disputes Investigation Act, 1913), and apprenticeship orders made by the court under section 5 of the Apprentices Act. 1923, now in force in the Dominion of New Zealand, shall be afnended in manner following, that is to say: — 1. All rates of remuneration, including time and piece wages and overtime and other special payments, provided for in the said awards, industrial agreements and apprenticeship orders now in force, shall, save as hereinafter provided, be reduced by an amount equal to 10 per centum thereof. 2. This order shall not operate so as to reduce the rates of remuneration of any workers or classes of workers below the minimum rates fixed by any Act of Parliament regulating the rates of l’C; muneration of such workers or classes of workers. 3. This order shall not affect the rates of remuneration provided in and by the Wellington % industrial district flaxmills employees’ award, as amended by an order of this court made on December 23. 4. This order shall not affect the rates of remuneration payable to any apprentice employed under a contract of apprenticeship under the Apprentices Act, 1923, which contract is subsisting at the date of the coming into operation of this order, nor shall it affect the rates of remuneration of any female apprentice apprenticed under any award or industrial agreement, whose apprenticeship is subsisting at the date of the coming into operation of this order. . 5. This order shall not affect the rates of remuneration payable to workers employed on contract undertakings which are at the date of the coming into operation of this order being carried on by con- ' tractors if the awards or industrial agreements under which such workers are employed contain a provision that increased rates of remuneration granted thereby shall not apply in the case of contracts existing at the dates of the making or coming into force respectively of such awards or industrial agreements. 6. This order shall operate and take effect on and from the Ist day of June, 1931, in the case of workers whose wages are calculated on a mouthy basis; and on and from June 8, 1931, in all other cases.