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Wages Councils Act - Wages Regulation (Security Services) Order 2005

FIJI ISLANDS

[LEGAL NOTICE NO. 65]

WAGES COUNCILS ACT (CHAPTER 98)

NOTICE

THE Minister for Labour, Industrial Relations and Productivity having made the Wages Regulation (Security Services) Order 2005 and having given notice of making that Order to the Security Services Wages Council, the said Council, pursuant to the provisions of subsection (4) of Section 8 of the Wages Council Act, hereby publishes the said Order in accordance with the provisions of Regulation 5 of the Wages Councils Regulations.

Dated this 26th day of September, 2005.

Surendra Shiudin
Secretary Security Services Wages Council

It is provided by subsection (2) of section 13 of the Wages Councils Act as follows:

"The employer of any workers shall post in the prescribed manner such notices as may be prescribed for the purpose of informing them of any wages regulation proposals or wages regulation order affecting them and if it so prescribed, shall give notice in any other prescribed manner to the said workers of the said matters, and of such matters if any, as may be prescribed".

It is provided further by Regulation 6 of the Wages Councils Regulations as follows:

"Every notice required under the provisions of subsection (2) of section 13 of the Act to be posted by the employer of any worker affected by wages regulation proposals or wages regulation order, shall be a copy of such proposals or order, as the case may be, and shall be posted by affixing the same in a conspicuous position in such place or places in every shop, warehouse, store, undertaking, or other place of employment in or on which any such worker is employed, as to be readily accessible to every such worker employed by such employer".

Penalty for non-compliance is a fine not exceeding $40.00

WAGES REGULATION

[SECURITY SERVICES] ORDER 2005

IN exercise of the powers conferred upon me by Section 8 of the Wages Councils Act, I having received wages regulation proposals from the Security Services Wages Council, and the provisions of the said section having been otherwise complied with have made the following Order:

Citation and commencement

1. This Order may be cited as the Wages Regulation (Security Services) Order 2005, and shall come into force on the 16th day of January, 2006.

Application

2. This order does not apply to:-

(a) Any worker to whom the Wages Council (Security Services) Order does not apply;

Interpretation

3. In this order, unless the context otherwise requires: -

"casual worker" means a worker whose terms of engagement provide for payment at the end of each day’s work and who is not engaged for longer than 24 hours at a time;

"public holiday" means any of the days specified in the Schedule to the Public Holidays Act or any day appointed by notification under Section 6 of that Act;

"week" means the period between midnight on a Saturday and midnight of the following Saturday;

Rates of remuneration

4-(1) The minimum hourly rates of remuneration to be paid to a worker, whether hourly, daily, weekly or for any period - $1.70 per hour

(2) The minimum hourly rate of remuneration to be paid to casual workers of the classes specified in this paragraph is 25% more than the minimum rates specified in 4(1) above.

Hours of Work

5. Normal hours of work shall be between eight (8) to twelve (12) hours per day for a six (6) day week. A minimum of 48 hours and maximum of 72 hours per week.

Public Holidays

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.

(2)This paragraph does not apply to a worker unless the worker-

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

(b) presented himself or herself for work at the usual starting time on the first working day and after the public holiday.

(3) And provided further that sub-paragraphs (a) and (b) in 6(2) above are deemed to have been complied with where the worker is:

• (a) excused from presenting himself or herself for work by the employer;
  
• (b) prevented from presenting himself or herself for work by illness or injury verified by a medical certificate; or
  
• (c) prevented from presenting himself or herself for work by any other cause acceptable to the employer.
  

Overtime

7-(1) Overtime remuneration shall be paid to a worker other than a casual worker as follows:-

• (a) for all workers rostered on eight hourly shifts for all time worked in excess of eight hours on any working day;
  
• (b) for all workers rostered on twelve hourly shifts for all time worked in excess of twelve hours on any working day;
  
• (c) for all time worked on a Sunday or a public holiday;
  

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

(3) The rate of remuneration payable under sub-paragraph (1) shall be:

• (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
  
• (ii) twice the worker’s normal hourly rate thereafter; and

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

Sick Leave

8. A worker shall be entitled to six (6) days sick leave with pay per year provided that such sick leave is supported by a medical certificate issued by a registered medical practitioner.

Bereavement Leave

9. A worker shall be entitled to two days bereavement leave on the death of an immediate family member.

Meal Allowance

10. Every worker who is requested to work overtime in excess of two hours on any normal working day or shift shall be entitled to meal allowance of $3.50.

Transport

11. Transport shall be provided between 10.00pm and 6.00am, where public transport is not available, transport shall be provided by the employer.

Personal Protective Equipment

12. Employers to provide and maintain Personal Protective Equipment without cost to the employees in accordance with an approved standard for the purpose of protecting the employees from any Health and Safety hazards associated with the work on which the employees are employed.

Revocation

13. The Wages Regulation (Security Services) Order, 2004 is revoked with effect from the 16th day of January, 2006

Dated at Suva this 26th day of September, 2005

[K. V. Zinck]
Minister for Labour, Industrial Relations and Productivity

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