Employment Relations Promulgation 2007 - Wages Regulation (Printing Trades) Order 2012

The Minister for Labour, Industrial Relations and Employment having made the Wages Regulation (Printing Trades) Order 2012 and pursuant to section 54 (5) of the Employment Relations Promulgation 2007 hereby publishes the said Order.

It is provided by section 56 (1) of the Employment Relations Promulgation 2007 as follows –

"An employer shall display a written notice in the workplace for the purpose of informing the workers of any proposed Wages Regulation Order or any Wages Regulation Order affecting them".

It is provided further by section 56 (2) of the Employment Relations Promulgation 2007 as follows-

The penalty for non-compliance is a fixed penalty of $100. In the event of non-payment of the fixed penalty, the offender is liable on conviction-

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(a) for an individual, to a fine not exceeding $10,000 or to a term of imprisonment not exceeding 2 years or both;

IN exercise of the powers conferred upon me by section 54 (5) of the Employment Relations Promulgation 2007, having received wages regulation proposals from the Printing Trades Wages Council, and the provisions of the said section having been otherwise complied with, I hereby make the following Order –

1. This Order may be cited as the Wages Regulation (Printing Trades) Order 2012, and shall come into force on 31st October, 2012.

2. This Order shall apply to those workers whose minimum rate of remuneration without taking into consideration any allowance, bonus, overtime payment or additional payment whatsoever, whether in money or otherwise, does not exceed $250 per week and who are employed in any undertaking or any part of an undertaking engaged in a printing process in respect of which a license under the Business Licensing Act (Cap. 204) is in force or is required by law in respect of such undertaking and their employers.

"binding skilled" means a worker who is wholly or mainly employed in sewing, stitching, perfect binder, collator/gathering, guillotine and any other automated binding machine and includes personnel in the art of hand binding in this classification;

"binding un-skilled" means a worker who is wholly or mainly employed in the finishing process of collating, inserting, gathering or any other manual tasks without any prior experience in the trade of printing;

"casual worker" means a worker whose terms of engagement provide for the worker's payment at the end of each day's work and who is not re-engaged within the 24 hour period immediately following the payment;

"cleaner" means a worker who cleans, especially whose regular job is cleaning buildings, equipments etc.

"driver" means a worker who is wholly or mainly employed in driving a mechanically propelled vehicle for the transport of goods in connection with their sale, warehousing or sorting;

"handyman" means a worker who is employed wholly or mainly in labour chore within the employer's service otherwise not defined;

"part-time worker" means a person who is employed under a contract of service on a part-time basis for a specified number of hours a day or specified number of hours or days a week;

"pre-press" means a worker who is wholly or mainly employed in graphics, typesetting, proofreading/copy holding, photolithography or automated computer to plate processes;

"printer" means a worker who is wholly or mainly employed as an off-setting machine operator and who should have 3 years experience in the industry;

"printer assistant" means a worker who is wholly or mainly employed in assisting paper loading, ink filling/ ink cleaning;

"public holiday" means any of the days specified in section 64 of the Promulgation or any day appointed by notification under section 6 of that Promulgation;

"skilled binder" means persons who should have either trade certificate or minimum of 5 years of work experience in the post press finishing department;

4. – (1) The minimum hourly rates of remuneration to be paid to the class of workers specified in the first column of Schedule 1, whether such workers are employed hourly, daily, weekly or for any period, shall be those contained in the second column of Schedule 1.

(2) The minimum hourly rate of remuneration to be paid to casual and part-time workers is 25% more than the minimum rates specified in Column 2 of Schedule 1.

5. A working week for a worker other than a casual worker shall consist of either five working days of nine (9) hours per day or six working days of eight (8) hours per day.

6. – (1) Subject to sub-paragraph (2), every worker other than a casual worker must be paid in respect of each public holiday for the number of hours (exclusive of overtime) the worker would normally have worked on that day had it not been a public holiday.

(a) worked for the employer throughout the last working day preceding the public holiday; and

(b) presented himself or herself for work on the first working day after the public holiday.

(3) The requirement of sub-paragraph (2) shall be deemed to have been complied with in any case where the worker is—

(b) prevented from presenting himself or herself for work by illness or injury verified by a medical certificate from a registered medical practitioner; or

(c) prevented from presenting himself or herself for work by any other cause acceptable to the employer.

7. – (1) Overtime remuneration shall be paid to a worker other than a casual worker as follows—

(a) for all time worked in excess of nine hours for workers whose employment contract is fixed on a five working days in a week;

(b) for all time worked in excess of eight hours for workers whose employment contract is fixed on a six working days in a week; and

(2) The remuneration payable under sub-paragraph (1) shall, in the case of public holidays, be in addition to that payable under paragraph 6.

(a) in respect of overtime worked on a day other than Sunday or a public holiday –

(i) one and one-half times the worker's normal hourly rate of pay for the first four hours; and

(b) in respect of overtime worked on a Sunday or a public holiday twice the worker's normal hourly rate of pay.

(4) A minimum of four hours overtime pay at the rates specified in sub-paragraph (3) is to be paid in respect of any overtime worked on a public holiday or a Sunday.

8. Every worker who is required to work overtime in excess of two hours on any normal working day shall be entitled to a meal allowance of $6.00 or a decent hot meal.

9. – (1) Where a worker who has completed more than 3 months continuous service with the same employer and who is incapable of work because of sickness or injury, the worker is entitled to paid sick leave of not less than 10 working days during each year of service.

(2) Sick leave entitlement must not be accumulated and unused sick leave for each year automatically lapses in the next year.

(a) as soon as reasonably practicable notify the employer of his or her absence and the reason for it; and

(b) produce, if requested by the employer, a written certificate signed by a registered medical practitioner, certifying the worker's incapacity for work.

10. A worker who has completed more than 3 months continuous service with the same employer is entitled to 3 days paid bereavement leave in a year, in addition to any other leave entitlement.

11. – (1) The employer has a duty of care responsibility under section 9 of the Health and Safety at Work Act 1996 to ensure, as far as possible, the workers health, safety and welfare while at work.

(2) The Health and Safety at Work (General Workplace Conditions) Regulations 2003 specifies the conditions which must be followed by all employers in any workplace to ensure that the workers are protected according to the requirements of the Act where some of these requirements in these Regulations include the provisions of personal protective equipments, which must be provided by the employer without any cost to the employees.

12. In the case of a grievance in the workplace, the parties shall resort to grievance procedure in the employment contract or in the absence of such contract, shall use the procedure stipulated in Schedule 4 of the Promulgation.

13. – (1) All employers with more than 20 workers are required by sections 9(1) (d) and 9(3) of the Promulgation to have a Labour-Management, Consultation and Cooperation Committee to assist them to review and develop work practices in order to promote good faith employment relations and increase productivity.

(2) All employers must complete LMCCC forms as a general obligation to ensure the attaining of quality control.

14. All employers are required to develop and maintain a policy to prevent Sexual Harassment in the Workplace.

.........................................
JONE USAMATE
Minister for Labour,
Industrial Relations and Employment

Class of Workers	Minimum Hourly Remuneration No age discrimination
	[First Column]	[Second Column]
	Learner	Permanent
Pre-press	$2.61	$3.15
Binding non-skilled	$2.61	$3.15
Binding skilled	$2.61	$3.15
Printer Assistant	$2.61	$3.15
Printer	$2.61	$3.15
Driver	-	$2.61
Cleaner	-	$2.61
Handyman	-	$2.61

Fiji Subsidiary Legislation

Employment Relations Promulgation 2007 - Wages Regulation (Printing Trades) Order 2012