Division 5 of Part IV of the Employment Act (Chapter 373) regulates food rations. Note at the outset that section 47 excludes piece-rate employees from the whole of Part IV.
Section 68 — when the ration scale applies
Where, by agreement between an employer and an employee, food rations are to be supplied by the employer, they shall — unless otherwise agreed by the employer and an employee or otherwise provided for by a registered award — be supplied in accordance with the ration scale.
So Division 5 does not compel an employer to feed its workers. It applies where rations have been agreed, and then supplies the content of that agreement by reference to the statutory scale.
The ration scale is defined by section 67 as the scale specified in Part 1 of Schedule 1 to the Act — a detailed table of staples and quantities: rice, wheat and other cereal products, yam, taro, sweet potato, cooking bananas, breadfruit, bread, biscuits, flours, tapioca, sago, and protein items including peanuts and peanut paste, each with a specified daily quantity and footnotes.
Where food rations are issued, section 78(5) requires wages to be paid at intervals of not longer than one month. And rations are a permitted deduction under section 88(1)(b) — but only in accordance with Divisions IV.5 and IV.6 and registered awards, with prior written consent, and within the 50% cap.
Section 69 — the daily food ration
Subject to any agreement and any registered award, the minimum daily food ration, to be issued daily in advance to the employee by the employer, shall be one unit selected from each of the items specified in the ration scale.
Daily, and in advance. Rations are not issued weekly in arrears, and not after the day’s work.
Section 69(2) gives the employer three discretions:
- (a) where the scale provides alternative units, to determine from time to time which unit to issue;
- (b) for the purpose of providing a varied diet, to issue a proportion of two or more units from an item instead of a complete unit, so long as the total quantity is equivalent; and
- (c) to comply with the footnotes to the ration scale, which are to be construed as special conditions applicable to the issue of rations.
The discretion in paragraph (b) is expressly for variety, and it is subject to equivalence in total quantity. It does not permit a reduction.
Sections 70 and 71 — quality and storage
(a) edible; and
(b) of good quality; and
(c) to the standards prescribed in Part 2 of Schedule 1.
All food held by an employer for issue to an employee shall be stored to the satisfaction of an authorised officer.
Section 71 places the judgment with the authorised officer, and section 142 gives that officer the power to enter by day, without notice, a place where employees are employed or housed and to inspect kitchens and food stores — as well as to inspect sanitary arrangements and take water samples.
Section 72 — cooks must be provided
| Employees resident at the place of employment and receiving rations | Employer must provide, at its expense |
|---|---|
| More than 10, up to 40 | One person to cook and serve the meals |
| More than 40 | One person for each 40 or part of 40 employees |
Section 72(2) provides that, in calculating the number, an employee whose wife resides with him at the place of employment shall not be taken into consideration — the assumption being that such a household cooks for itself.
The cook is provided at the employer’s expense. The cost is not among the permitted deductions in section 88(1), and cannot be charged to the workers receiving the rations.
Division 6 — clothing and other articles
(1) Where by agreement clothing and other articles are to be issued by an employer to an employee, what is issued and the time of issue are as prescribed — unless otherwise agreed or provided for by a registered award.
(2) An item or other article issued by an employer to an employee under this section becomes, at the time of issue, the property of the employee.
Issued clothing and articles belong to the employee from the moment of issue. An employer cannot demand their return at the end of the job, and cannot deduct their value from final pay as a “loss”. A charge for unreturned issued clothing is not within section 88(1), and if imposed as a penalty is an offence under section 94.
Deductions for clothing and articles at the time of issue are permitted under section 88(1)(b) — with prior written consent, and within the overall cap.
Checklist
- Is there an agreement that rations will be supplied? Division 5 applies only if there is.
- Are they issued daily, in advance?
- One unit from each item of the scale — or an equivalent total quantity where units are mixed for variety.
- Edible, good quality, and to the Schedule 1 Part 2 standards at the time of issue.
- Storage — ask a labour officer to inspect the food store if it is poor.
- Cooks — one for more than 10 resident ration recipients, one per 40 or part of 40 above that, at the employer’s expense.
- Deductions — only under section 88(1)(b), with written consent, and shown with the reason on the pay statement.
- Wages monthly at most where rations are issued — section 78(5).
- Issued clothing is yours — section 73(2).
Sources
- Employment Act (Chapter 373) — ss 47, 67–73, 78, 82, 88, 94, 142; Schedule 1
- Industrial Relations Act — PacLII 1986 Revised Edition
- Kinaram v Vanimo Forest Products Ltd [2011] PGNC 137; N4413
Before relying on anything here, read the current text of the Employment Act (Chapter 373) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.