1554
THE NEW ZEALAND GAZETTE
[No. 43

Government Service Tribunal Act, 1948.—Principal Order No. 6

In the matter of section 8 of the Government Service Tribunal Act, 1948;
and in the matter of an application for a principal order dated the 11th
day of July, 1949, and duly lodged by the New Zealand Workers’ Industrial
Union of Workers.

THE Government Service Tribunal, having heard and considered the
application of the applicant, doth hereby order that the following provisions
shall take effect on and from the dates respectively therein set out in
clause 1:—

1. APPLICATION OF ORDER

(a) This order shall apply to Maori Affairs Department workers on
construction and maintenance of buildings and in workshops and stores.

(b) This order shall also apply to workers engaged on Maori land develop-
ment work up to the time the land has reached production stage by being
sown in grass or other first crop.

(c) This order shall not apply to routine farm workers, settlers, or
nominated occupiers, nor shall it apply to “owner-drivers” of hired motor-
vehicles, farm implements, or horses.

(d) For the purposes of this order the term “worker” shall be limited
to a worker engaged under the provisions of Public Service Regulation 150.

(e) This order, with the exception of clause 9, shall be deemed to have
come into force on the 1st day of April, 1949.

(f) Clause 9 shall be deemed to have come into force on 1st day of July,
1948.

2. HOURS OF WORK : GENERAL WORKERS

(a) Subject to the provisions of clauses 3, 4, and 20 hereof, the ordinary
hours of work shall be forty a week and eight a day, and shall be worked
between 7.30 a.m. and 5 p.m. on Mondays to Fridays inclusive.

(b) A rest period of ten minutes shall be allowed every morning and
afternoon.

3. HOURS OF WORK : DRIVERS AND OPERATORS PAID ON A
WEEKLY BASIS

(a) Notwithstanding the provisions of clauses 2 and 20 hereof, the
ordinary hours of work shall be 42½ a week and 8½ a day (including necessary
attendance to motor-vehicles, machines, or horses), and shall be worked
between 7 a.m. and 5.30 p.m. on Mondays to Fridays inclusive: Provided
that where necessary a 9-hour day may be worked at ordinary time rate
when not more than 42½ hours are worked in that week.

(b) Where a driver or operator engaged on land-development work is
working an 8-hour day only, because he lives in a town and travels a con-
siderable distance to and from work in a conveyance with other workers
(and the transport time-table does not permit his working an 8½-hour day),
the following shall apply:—

(i) If the worker declines to occupy accommodation on the work, he
shall be paid for time actually worked and not his full weekly
wage—e.g., if he works only 40 hours a week, he shall be paid
weekly wage × 40
—————— ; but
42½

(ii) If accommodation is not available on the work, the worker shall
be paid his full weekly wage.

4. WET PLACES

Notwithstanding the provisions of clause 2 hereof, in all “wet places”
six hours shall be deemed a working-day, and such hours shall be paid for
at time and one-third rate. The officer in charge shall decide whether a
place is a “wet place” and shall be guided by the following interpretations:—

(a) Where workers get wet at their work from causes other than rain,
it shall be deemed a “wet place.”

(b) Workers required by the officer in charge to work in rain shall be
deemed to be working in a “wet place.”

(c) A driver or operator whose vehicle or machine provides adequate
protection from the weather shall not be entitled to “wet place”
provisions.

5. OVERTIME

(a) Except as provided in subclauses (b) and (k) below and clauses 15 (h)
and 20 (j) hereof, overtime rates shall apply to all time worked outside or in
excess of the ordinary hours specified in clauses 2 and 4 hereof.

(b) Notwithstanding the provisions of subclause (a) above, for drivers or
operators paid on a weekly basis overtime rates shall apply to all time
worked in excess of 9 hours a day, or 42½ hours a week, and to all time
worked outside the hours of 7 a.m. to 5.30 p.m. on Mondays to Fridays
inclusive.