Apprentices and Minors Act of 1929 (20 Geo v No. 37) (Qld)
Case
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JUSTICES-LABOUR. 1253: ~ 20 Geo. V. No. 37, 1929. Apprentices and Minors Act. r 3. Section four of *"The Oriminal Law Amendment Amendment Act, 1892" is amended by omitting the words "other ~ i:~ ~~ . f than a capital felony" and inserting the words "other than treason, wilful murder, or murder, or any of the crimes defined in the second paragraph of section eighty- one and in section eighty-two of t"The Oriminal Oode" " in lieu thereof. LABOUR. Apprentices and Minors Act of 1929 20 Geo. V. No. 37 Industrial Oonciliation and Arbitration Act of 1929 20 Geo. V. No. 28 Workers' Oompensation Acts Amendment Act of 1929 20 Gw. V. No. 22 An Act to Consolidate and Amend the Law relating 20NGoe. o 3 . 7 V . . to Apprentices and Minors; and for other THE purposes. APl'REN' TICES AND MINORS ACT [ASSENTED TO 23RD DECEMBER, 1929.] OF ] 929. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Apprentice8 and Short title Minor8 Ac ' t 'J 01" 1929 • " amnedncceomrne· nt Save as hereinafter provided, this Act shall come of Act. into operation on a day to be fixed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act; Provided that the provisions of this Act for the constitution of the Apprenticeship Executive, the Group Apprenticeship Committees, and the Advisory Com- mittees, and the authorising of the making of regulations, shall come into operation on the passing of this Act. 2. (1.) Subject to this Act, t" The Apprentice8hip Repeal of Act8, 1924 to 1927" are repealed, and such Acts are ~ : ; entice. herein referred to as the repealed Acts. ahip Acta, 1924 to -------1927." * 56 Vic. No. 3, supra, page 542. t 63 Vic. No. 9, Schedule I., 8upra. page 344-. :I: 15 Geo. V. No. 12 and 18 Geo. V. No. 7, supra, pages ] 1032 !l·nd 11941,
12534 LABOUR Apprentices and Minors Act. 20 GEO. V. No. 37, Savings. (2.) All orders and notifications made and published, all districts constituted, and all things done or purport- ing to be done under the repealed Acts shall, as far as is consistent with this Act, be deemed to have been made, published, constituted, done, and originated under and for the purposes of this Act. (3.) All matters and proceedings commenced under the said repealed Acts or regulations and pending or in progress at the passing of this Act may be continued, completed, and enforced under this Act. (4.) All regulations made under and pursuant to the provisions of the repealed Acts and in force at the passing of this Act are hereby approved, ratified, and confirmed, and shall be and continue in force until superseded or amended by other regulations duly made under this Act. Awards, &c (5.) Moreover all awards, orders, and industrial agreements made pursuant to *" The Industrial Arbitration Acts, 1916 to 1926," so far as the same extend and apply to apprentices, probationers, and minors, and in force at the commencement of this Act, shall (except so far as they are inconsistent with the provisions of this Act) continue in force until varied, rescinded or superseded by this Act. Interpreta. 3. In this Act, unless the context otherwise indicates tn~ ) n. or requires, the following terms have the meanings respectively set against them, that is to say ; - Appre.ntice. " Apprentice"-Any person bound by agreement for the purpose of being instructed in the knowledge and practice of any calling, craft, or trade; Area. " Area"-An area to which this Act applies, as directed and defined by Order in Council; Group Committee. "Group Committee"-A Group Apprenticeship Committee constituted under this Act; Improver. " Improver"-A person who is serving at a special wage a period of training with an employer for the purpose of becoming a qualified worker in a calling; * 7 Geo. V. No. 16 and amending Acts, s'upra, page 7538 and sessional volumes.
- ~ - - - - - - - 1929. Apprentices and Minors Act. 12535 " Industrial union "-An' industrial union Industrial registered as an industrial union under *" The union. Industrial Oonciliation and ArbitrationAct of 1929 " ; "Junior journeyman"-A person who has corn": !unior pleted the period of apprenticeship prescribed Journeyman. by the Executive, but who is serving a further period not exceeding eighteen months in order to become proficient in his trade; ":Minor"-A person under twenty-one years of Minor. age who is employed or engaged in any trade or industry to which this Act applies; " Parent or Guardian"-A parent or guardian of an Paren~ or apprentice and (in any case where an Guardmn. apprentice has no parent or guardian or no parent or guardian resident in Queensland and capable of acting) any person approved by the Executive in lieu of a parent or guardian; " Person" includes any firm, company, industrial Person. union, association, group of persons, or corporation; " Prescribed "-Prescribed by this Act; Prescribed. "Regulations"-Regulations made under this Regulatiolls. Act; " The Executive"-The Apprenticeship Executive The . const 1 Ot U t ed under t 1 1 : 1 ' S 'A, ct; - Executlve. "This Act "-This Act and all Proclamations, This Act. Orders in Council, and regulations made under this Act; " Trade"-,Any calling, craft, or trade to which Trade. this Act applies; and generally, save as herein otherwise prescribed, the terms used have the meanings respectively assigned to them bv *" The Industrial Oonciliation and ArbitrationAct of 1929" on the passing of such last -mentioned Acto 4. (1.) This Act shall apply to the callings, trades, Application and industries mentiollf,d in the Schedule hereto, and to ~ f: ~ ' l such other callings, trades, and industries as the Governor c e u e. in Council may from time to time by Order in Council approve and declare. * 20 Geo. V. No. 28 (this volume). K
--------"---- Apprentices and JIinors Act. 20 GEO. V. No. 87, The Schedule to this Act may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette. Areap. (2.) This Act shall apply only in such areas as the Governor in Council may from time to time by Order in Council direct and define. In whole or part. The Governor in Council may by Order in Council direct and declare that the whole or part only of this Act shall apply to any area specified in such Order; whereupon this Act or such part thereof shall extend and apply to such area accordingly. Employment 5. After the commencement of this Act, no minor of minors. shall be employed or engaged in any of the callings, trades, or industries to which this Act applies, except subject to the conditions prescribed by the Executive: Provided that the Minister, on the recommendation of the Executive, or on appeal from the Executive by the person '3oncerned, may exempt any person, to whom this Act would otherwise apply, from all or any of the provisions of this Act. Registration 6. (1.) Any person desirous of becoming an ~ ~ ~IOyment apprentice shall notify the secretary of the Executive, of . in the form prescribed, who shall keep a register of such apprentlCes. persons: Provided that any person desirous of becoming an apprentice who lives outside the petty sessions district of Brisbane may notify the State labour agent nearest to the locality in which he resides, and such labour agent shall inform the secretary of the Executive of such notification, and the secretary of the Executive shall include the name of such person in the said register. Probation. (2.) Every employer desirous of obtaining an apprentice shall make application to the secretary of the Executive in the form prescribed, and shall select as an apprentice only a person whose name is so registered. (3.) Every apprentice shall be employed on probation for a period of three months or such longer period not exceeding three months as the Executive after consultation with the Group Apprenticeship Committee concerned may allow, to determine his fitness or other- wise for apprenticeship, and shall work only for such
LABOUR. 12537 1929. Apprentices and 1llinors Act. hours per day a~ may be prescribed by any industrial award applicable to the trade or calling in which he is employed and shall receive such remuneration as is prescribed. In the event of his becoming an apprentice, such probationary period shall be counted as part of the term of apprenticeship. (4.) Every minor, other than an apprentice, shall be Minors. employed on such conditions as are prescribed by the Executive. (5.) All minors seeking employment in the callings, Regi8t.ratioll tra~ es, or industries to which this ~ ct ~ pplies shall : ! ~loyment notIfy the secretary of the ExecutIve, m the form of minors. prescribed, who shall keep a register of such minors: Provided that any such minor who lives outside the petty sessions district of Brisbane may notify the State 'labour agent nearest to the locality in which he resides, and such labour agent shall inform the secretary of the Executive of such notification, and the secretary of the Executive shall include the name of such minor in the said register. Every employer desirous of obtaining such minor shall make application to the secretary of the Executive in the form prescribed, and shall select as a minor only a minor whose name is so registered. 7. (1.) Whenever the Minister considers it so PlloJic desirable, he may in respect of any specified trade : ~~~ ina. prescribe public qualifying entrance examinations, which shall be passed by every minor before he may become apprenticed to any such trade. The Minister may also determine what certificate of education may be regarded as entitling the holder to exemption from such examination. (2.) Moreover such qualifying entrance examinations D!spensing may be dispensed with in any calling, trade, or industry ~ ~ ~ ! ~ lination. which the Minister may determine: Provided that every candidate for apprenticeship to that trade shall produce a certificate from a head teacher that he has been educated up to the standard prescribed for the third half-year of the fourth class in State schools.
12538 LABOUR. - ~ ~ - ~ - - - . - - . ~ .- - -- - -- - Apprentices and Minors Act. 20 GEO. V. No. 37, cRsetearcttiiufpsircoaoctfeasl. by O 8 r . deTr hine GCoouvnecrnilopr uinbliCsohuendciinl mthaey G fr a o z m ette t , imdeectloarteimthee, extent to which- (a) A certificate of successful examination or of competency obtained under this Act by an apprentice may be regarded as equivalent, wholly or in part, to a certificate of pro- ficiency or competency required to be obtained under any other Act as a condition to the carrying on of any trade or calling; (b) A certificate of proficiency or competency obtained under any other Act and held- by an apprentice may be regarded as equivalent, wholly or in part, to a certificate of successful examination or of competency under this Act. Apprentice. 9. (1.) A Board, to be called the "Apprenticeship sEhxiepcutive. Executive," shall be constituted as follows : - Representa. tives. (a) Two representatives appointed by the Minis- ter, one of whom shall be chairman and shall also act ex o.fficio as chairman of the Group Committees hereinafter provided for; (b) Three representatives each of employers and of unions, elected by the respective representatives on the Group Committees. Tenure. (2.) Every member of the Executive (other than the chairman) shall- (a) Be appointed for a term of not more than three years; and (b) Be eligible for reappointment. Vacancy. (3.) Where a vacancy occurs (otherwise than by the retirement of a member on the expiration of his· term of office) the person appointed to fill the same shall be entitled to hold office during the residue of the term of the member whose office he fills and no longer, but shall be eligible for reappointment. Every such appointment or change shall be notified in the Gazette: Provided that no member of the Executive (other than the chairman) shall be a member of any Group Committee.
1929. LABOUR. Apprentices and .Minors Act. 12539 And in case any member of any Group Committee is elected as representative on the Executive, such member shall resign from the Group Committee, and the vacancy therejn shall be filled in the manner prescribed. (4.) In the absence of any representative, the PrOKY, authority appointing him may, in writing, appoint a proxy with power to act and vote for such absent representative at any meeting or meetings of the Executive, as may be required. (5.) Four members of the Executive shall constitute Quorum and a quorum. The chairman shall have a deliberative vote, voting. and shall also have a casting vote in any case where the votes of the members present are equaJly divided. (6.) If at any time the representatives on the Failure to Group Committees refuse or fajl to appoint or elect act o.r t (as the case may be) their representatives to the: fe~ ~ : n or Executive, or such representatives refuse or fail to act as members of such Executive, the Governor jn Council may appoint any person or persons to be a member or members of the Executive, and any person so appointed shall for all purposes be deemed to have been duly appointed as a member of the Executive. (7.) In case where, owing to disqualification, anYI?isqualifica. representative or representatives, whether of employers ! ~ ~ ~ e~ ~ nt. a. or employees or unions, appointed or elected as aforesaid, tive or may be unable on account of such disqualification to ~~ ~ ;: ~ enta. act as such representative or representatives on and be a member or members of the Executive, the Governor in Council may, by Order in Council published in the Gazette, declare that the chairman of the Executive shall, during any such period within which any such disqualification of snch representative or representa- tives exists, or may exist, act as and be deemed to be to all intents and purposes the Executive, and that such chairman shall have all the rightf:-, powers, and privileges, and shall perform all the duties, functions, and obligations of such Executive accordingly: Provided that this subsection shall not affect or prejudice the operation of subsection four of this section or the operation of regulation three of the regulations made in pursuance of the repealed Acts on the sixth day of
12540 LABOUR. Apprentices and Mi1Wrs Act. 20 GEO. V. No. 37, November, one thousand nine hundred and twenty- four, and published in the Gazette on the eleventh day of November, one thousand nine hundred and twenty- four, and any absence of a representative or vacancy in the office of a representative 011 the Executive referred to in such subsection or such regulation, as the case may be, shall not be deemed a disqualification pursuant to this subsection; Provided further that the production of a copy of the Gazette purporting to contain any such Order in Council shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Order. Acting <lhairman. 10. The Minister may, subject to this Act, at any time appoint for any period, not exceeding twelve months, any person to act in the place of the chairman, if he should be absent from Queensland or is incapacitated by illness or other temporary cause from discharging his duties as chairman; and such acting chairman shall discharge the duties of and ha,'e all the powers and authorities of the chairman until his ret.urn to office. Secretary. 11. A secretary to the Executive shall be appointed by the Minister; he shall. act also as secretary to the Group Committees. He shall not be regarded as a member of the Executive or of any Group Committee. Duties of Executive. 12. The duties of the Executive shall include the following ;- (a) To advise the Minister as to the trades or industries which should be regarded as skilled trades or industries for the purposes of this Act, ; (b) To advise the Minister as to the grouping of the trades; (c) To advise the Minister as to the character of any entrance examination which may be prescribed for apprentices; (d) To advise on such other matters as mav from time to time be delegated to the Ex~ cutive by the Minister ; (e) To advise the Minister on any mat,ter involving or bearing upon any general principle of apprenticeship;
12541 1929. Apprentices and Minors Act. (j) To collaborate with the Group Committees or Advisory Committees on any matters relating to apprentices or the employment of minors. 13. (1.) The Executive shall from time to time Nurnbe~ of (after investigation and having regard to reports :E'br:ntlCes from any Group Committee concerned) prepare draft employed. regulations for or with respect to either- (a) The proportionate number of apprentices to be employed in each apprenticeship trade to the number of journeymen employed in that trade; or (b) The proportionate number of apprentices to be employed by any employer in each apprenticeship trade to the number of journeymen employed in that trade by such employer; and the Governor in Council may thereupon make regulations in accordance with section fifty-two of this Act, and the provisions of such section shall apply and extend accordingly. (2.) When any regulations have been made as Effect?£ a f oresa1 'd , no new appren t" ICe III any suc h t ra d e, excep t regulatIOns. with the consent of the Executive after consultation with the Group Apprenticeship Committee concerned, shall be taken during the period to which such regulations relate in excess of the number provided for such trade or for any employer therein (as the case may be) in such regulations. (3.) Moreover the Executive shall from time to Rates.ofpay. time (after investigation and having regard to reports from any Group Committee concerned) prepare draft regulations for or with respect to- (a) The rates of pay (including overtime rates) to be paid to apprentices in each trade as wages in each year of their apprentioeship course; (b) Increased rates to be paid in each year (other than the first year) to apprentices who have attained prescribed standards of proficiency; (c) The rate of pay (including overtime rates) to be paid to minors (other than apprentices or probationers) to whom this Act applies;
12542 I-1ABOUR Apprentices and Minors Act. 20 GEO. V. No. 87, and the Governor in Council may thereupon make regulations in accordance with section fifty-two of this Act, and the provisions of such section shall apply and extend accordingly. Group Apprentice- 14. (1.) For each trade or group of trades as deter- ship . mined by the Minister there shall be a Committee, called Committees. the "Group Apprenticeship Committee." (2.) Each Group Committee shall consist of the following :- (a) The chairman of the Executive, who shall act as chairman ; (b) Equal numbers of representatives appointed by the employers and industrial union or unions of employees in the trade or group of trades. The number of such representatives orJ. each committee shall be determined by the Minister. Tenure. (3.) Every member of a Group Committee (other than the chairman) shall- (a) Be appointed for a term of not more than three years; and (b) Be eligible for reappointment. Vacancy. (4.) Where a vacancy occurs (otherwise t.han by the retirement of a member on the expiration of his term of office), the person appointed to fill the same shall be entitled to hold office during the residue of the term of the member whose office he fins, and no longer, but shall be eligible for reappointment. Every such appointment or change shall be notified in the Gazette. Proxy. (5.) In the absence of any representative, the authority appointing him may, in writing, appoint a proxy with power to act and vote for such absent repre- sentative at any meeting or meetings of the Group Committee, as may be required. Trade (6.) Each trade representative shall have an expert trl?vperetsoenhtaav-e knowledge of and shall have been actually employed knowledge of or engaged in the calling he represents. calling. Quorum (7.) Three members of a Group Committee shall and voting. constitute a quorum.
LABOUR. 12543 19~9. Apprentices and Minors Act. The chairman shall not have a deliberative vote, but shall have a casting vote in any case where the votes of the members present are equally divided. (8.) The provisions of subsection six of section nine Failure to of this Act shaH, mutatis mutandis, apply and extend in act. respect to representatives on the Group Committee. (9.) In case where, owing to disqualification, anYI?isqualifica. representative or representatives, whether of employers or tlOn• . of industrial union or unions of employees, appointed as aforesaid, may be unable on account of such disqualifica- tion to act as such representative or representatives on and be a member or members of the Group Committee, the Governor in Council may, by Order in Council, published in the Gazette, declare that the chairman of the Group Committee shall, during any such period within which any such disqualification of such representative or representatives exists or may exist, act as and be deemed to be to all intents and purposes the Group Committee, and that such chairman shall have all the rights, powers, and privileges, and shall perform all the duties, functions, and obligations of such Group Committee accordingly: Provided that this subsection shall not affect or prejudice the operation of subsection five of this section or the operation of regulations three, four, and five of the regulations made in pursuance of the repealed Acts on the sixth day of November, one thousand nine hundred and twenty-four, and published in the Gazette on the eleventh day of November, one thousand nine hundred and twenty-four, and any absence of a representative or vacancy in the office of a representative on the Group Committee referred to in such subsection or such regulations, as the case may be, shall not be deemed a disqualification pursuant to this subsection: Provided further that the production of a copy of the Gazette purporting to contain any such Order in Council shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Order. 15. (1.) The duties of each Group Committee shall Duties. include the following :- (a) To receive, from the secretary of the Executive, names of applicants for each trade or group of trades ;
12544 LABOUR. Apprentices and Minors Act. 20 GIW. V. No. 37, (b) To make representations to the Minister with a view to securing reconsideration of applications with which the Group Com- mittee does not concur ; (c) To advise the Minister as to the apprenticeship of each applicant and his indentures, having due regard to the workshop or trade in which he shall be employed; (d) To submit recommendations to the Minister as to the matters to be taught to apprentices; (e) To submit recommendations to the Minister in regard to examinations, if any, which shall be passed by apprentices during their period of training, and to the granting of certificates of competency; (j) To advise the Minister concerning the educational facilities that should be provided for the purpose of apprenticeship examinations during the prescribed period of training; (g) To submit recommendations to the Minister as to the supervision of facilities provided by employers, so that apprentices may gain proficiency in their trades; (h) To advise the Minister on any matter relating to apprentices, apprenticeship, or training; (i) To collaborate with the Executive in respect of the matters hereinbefore referred to in subsections one and three of section thirteen of this Act or any other Group Committee or Committees on any matter relating to apprenticeship or the employment of minors. Service of minor. (2.) The Group Committee may, on any promotion of a minor to an apprentice for the purposes of the term of apprenticeship, take into consideration the time spent and the experience gained by such minor in the calling, trade, or industry prior to such apprenticeship. Power of Executive to delegate powers and authorities. 16. Subject to this Act, the Executive may- (a) Delegate to any Group Committee concerned such of the powers and duties and authorities of the Executive (other than this power of delegation) as it thinks fit ; and (b) Revoke any such delegation.
LABOUR 12545 1929. App1'entices and J,finot's Act. Subject to this Act any Group Committee- (a) May exercise all such powers and authorities and perform all such duties as are so delegated to it as fully and efl'ectually as the Executive might have exercised and performed the same; and (b) In addition to any powers so delegated to it, shall have and may exercise and perform such other powers and duties as are prescribed. 17. Notwithstanding anything in this Act con- Power?f tained, the Executive may disallow any resolution of ~ rcutlve and may annul any act, matter, or thing made, done, or disallowanco. commenced by any Group Committee: Provided that the Group Committee shall have an opportunity of being heard by the Executive before any action pursuant to this section is had and exercised by the Executive: 18. (1.) A Committee, to be called an "Advisory Advisory Committee," may be appointed by the Minister in Committee. such locality as he may consider desirable, to advise in regard to any apprenticeship matter, or any matter pertaining to the employment of minors in that locality. Each such Committee shall consist of the Constitution. following :- (a) The local State labour agent or such other representative as the Minister may appoint, who shall also act as chairman; (b) Two representatives appointed by the employers in the trade or group of trades; (C) Two representatives appointed by the industrial union or unions of employees in the trade or group of trades: Provided that when any matter affecting any trade which is not directly represcnted on the Advisory Committee is being considered, two representatives, appointed one each by the employers and the union or unions of employees respectively in such trade, shall be associate members for the determination of such matter. The provisions of subsection six of section nine of this Act shall, mutatis mutandis, apply and extend in respect of representatives on the Advisory Committee.
12546 LABOUR. Apprentices and Minors Act: 20 GEO. V. No. 37, Powers and (2.) The powers and duties of the Advisory Com- duties. mittees shall include such of the powers and duties of Group Committees as the Minister in each case may determine. Disqualifica- (3.) In case where, owing to disqualification, any trieopnreosfenta- representative or representatives, whether of employers tive or or of industrial umon or umons of employees, appointed trievperse. senta- as aforesaid may be unable on account of such disqualification to act as such representative or representatives on and be a member or members of the Advisory Committee, the Governor in Council may, by Order in Council published in the Gazette, declare that the chairman of the Advisory Committee shall, during any such period within which any such disqualification of such representative or representatives exists or may exist, act as and be deemed to be to all intents and purposes the Advisory Committee, and that such chair- man shall have all the rights, powers, and privileges, and shall perform all the duties, functions, and obliga- tions of such Advisory Committee accordingly: . Provided that this subsection shall not affect or prejudice the operation of regulations three and five of the regulations made in pursuance of the repealed Acts on the sixth day of November, one thousand nine hundred and twenty-four, and published in the Gazette on the eleventh day of November, one thousand nine hundred and twenty-four, or the operation of clause (b) of regulation 4A of the regulations made in pursuance of the repealed Acts on the fifteenth day of July, one thousand nine hundred and twenty-six, and published in the Gazette of the seventeenth day of July, one thousand nine hundred and twenty-six, and any vacancy in the office of a representative or absence of a representative on the Advisory Committee referred to in such regulations, as the case may be, shall not be deemed a disqualification pursuant to this subsection: Provided further that the production of a copy of the Gazette purporting to contain any such Order in Council shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Order. Protection of 19. (1.) No employer shall refuse employment to ~ ! : ~ ~f~ eof any person or dismiss any employee from his employment and of or injure hjm in his employment or alter his position to Committee. his prejudice by reason merely of the fact that the
LABOUR. 12547 1929. Apprentices and Jlinors Act. employee is a member of the Executive or of any Group Committee or Advisory Committee, or by reason merely of anything said or done or omitted to be done by any such person or employee in the course of his duty as such member. Any person who contravenes this provision shall be liable to a penalty not exceeding fifty pounds for each person so refused employment or employee so dismissed or injured in his employment; moreover, the Court may award to any such person as last aforesaid such sum as is reasonable compensation for loss of or injury in his employment, and order that he shall, if he has been dismissed from or prejudiced in employment, be forth- with reinstated to his former employment or grade; and every such order shall be obeyed. (2.) In any proceeding for any contravention of this section, it shall lie upon the employer to show that any person proved to have been refused employment or any employee proved to have been dismissed or injured in his employment or prejudiced whilst acting as such member was refused employment or dismissed or injured in his employment or prejudiced for some reason other than that mentioned in this Act. Proceedings in respect of offences against the provisions of this section shall be by complaint and shall be heard and determined in a summary manner bv an industrial magistrate. " 20. Each member of the Executive or of a Group Payment . COmmlOttee or 0 f an Adv" lsory CommlOttee ( 0 ther than any m fo e r eattitnegnsd. mg member who is a State officer) shall be entitled to receive in respect of his attendance at any duly convened meeting of the Executive or Committee at which he is present such sum as may be prescribeci. All of such sums shall be paid out of moneys appro- priated from time to time by Parliament in that behalf, upon a certificate signed by the chairman of the Executive or Committee concerned. 21. Any of the powers conferred by this Act on the .Minister Minister may be delegated by him to the chairman of~ ~ ; e~ " elegate the Executive or any officer acting in the place of the chairman of the Executive.
12548 LABOUR. Apprenticcs and JIinors Act. 20 GEO. V. No. 37, Indentures of apprentice· ship provisions. 22. (1.) At the end of the period of probation of each apprentice, if it is mutually agreed upon by the employer and the legal guardian of the minor, but not otherwise, he may become an apprentice under indenture. Extension of (2.) The Group Committee concerned may, in any probation. case where it seems to the Committee expedient to do so, order that the probationary period of employment of any minor be extended for a further period not exceeding three months. Completion and signing, &c., of indenture. (3.) Every such indenture shall be- (a) Completed within two months after the term- ination of the probationary period; (b) Dra.vn up in the form prescribed, and signed by the employer, the legal guardian of the a,pprentice, the apprentice, and the chairman of the Group Committee. In any case where there is no Group Committee, the indenture shall be signed by the chairman of the Executive. There shall be three copies of each indenture, of which one copy shall be held by the employer, 'one copy shall be held by the legal guardian of the apprentice, and one copy shall be held by the chairman of the Executive. Transfer. (4.) The Group Committee concerned, or if there is no Group Committee, the chairman of the Executive, shall have power to transfer an apprentice from one employer to another, either temporarily or permanently- (a) If the employer does not provide the necessary facilities for the apprentice to become proficient in his trade; or (b) Upon the application of the employer or the apprentice for good cause shown. The transfer of every indenture shall be in the form prescribed, and shall, unless the Minister otherwise directs, be signed by the late employer or his assigns, the legal guardian of the apprentice, the apprentice, the chairman of the Group Committee concerned, and the new employer. The transfer form shall be completed within two months after the date on which the transfer is effected :
LABOUR. 12549 1929. Apprentices and Minors Act. Provided that in the event of the transfer form not having been so completed within the time herein specified, the transfer of an indenture shall be deemed to have been duly made, as on the date on which the transfer is effected, as fully and effectually as though the transfer form had been duly completed within the time specified. There shall be four copies of the form of transfer, of which one copy shall be held by the late employer, one copy shall be held by the new employer, one copy shall be held by the legal guardian of the apprentice, and one copy shall be held by the chairman of the Executive, (5.) All existing indentures entered into prior to ~ xisting the commencement of this Act shall continue to have full mdentures. effect, subject to any modifications imposed by this Act, and shall be deemed to have the same effect as if they had been entered into under and in accordance with this Act. (6.) Any employer who demands, accepts, or agreesNo to accept any consideration, premium, gift, forbearance, premium. or allowance in connection with the employment or indenturing by him of any probationer or apprentice to whom this Act applies shall be guilty of an offence against this Act. (7.) No employer shall continue to employ any When probationer after the periods mentioned in subsections ~ : ~! ~ ~~ ~ nt one, two, and three hereof unless an indenture of indenture apprenticeship has been completed. ~~ !pleted. 23. (1.) An apprentice may, for the purposes of this Unio~ s ?r Act, be indentured to an industrial union or to industrial as!oc~~~ ~ns unions functioning in a trade or industry, and arrange- :;'entices. ments may be made by such union or unions for the employment of such apprentice or apprentices. (2.) An apprentice may, for the purposes of this Act, be indentured to an association of employers functioning in a trade or industry, and arrangements may be made by such association of employers for the employment of such apprentice. (3.) Such union or unions or association shall sign and seal the indenture of apprenticeship, and shall also appoint a person or persons, being an officer or officers of the union or unions or association, who shall be
12550 I.JABOUR. Apprentices and Minors Act. 20 GEO. Y. No. iH, deemed to be an employer for the purposes of this Act, and shall be responsible for the observance thereof, and shall also sign and seal such indenture. Period for 24. Every indenture entered into by the employer ashpippr.entice- and the legal guardian of the apprentice shall be for such period as may be specified by the Executive for the trade or industry in which the apprentice is engaged. Age for 25. The earliest and latest age at which apprentice- sahpippr. entice- ship may begin may be determined in relation to any particular trade or industry by the Executive on application by any party interested. iPtnorsobevreitspidonins w1th 2 th 6 i . s ( A 1. c ) t Esvhearlyl icnodnetnatiunr, eienntaedrdeidtiionntotion ascuccohrdoatnhceer indentures. conditions as the Minister may prescribe- (a) The names and addresses of the parties to the indenture; (b) The date of birth of the apprentice; (c) A description of the trade or industry or combination of trades or industries to which the apprentice is to be bound; (d) A description of the processes to be taught in the employer's workshop or business during the course and for the purposes of the apprenticeship; (e) The date at which the apprenticeship is to commence and the period of apprenticeship; (f) A condition requiring the apprentice to obey all reasonable directions of the employer, and requiring the employer and the appren- tice to comply with the terms of the relative industrial award so far as they concern the apprentice; (g) The general conditions of apprenticeship; (h) A provision that the indenture may be cancelled, subject to the chairman of the Executive's approval, by mutual consent, by the employer and the legal guardian of the apprentice giving one month's notice in writing to the chairman of the Executive and to the parties concerned th~ t such apprentice- ship shall be terminated.
LABOUR. - - - - - ----- ------ ------ 1929. Apprentices (J/f/,d ~ Min' Ors Act. ------------------_. ----- 12551 (2.) On the termination of such apprenticeship, Certifiea.te from whatever cause, the employer shall give the ~ ::, :e~ £:~ . apprentice, in the prescribed form, a certificate stating prentieeship. what time he has served, full particulars of the branches of the trade or industry in which he has received instruc- tion, the proficiency attained, and shall also notify the Group Committee concerned. - 27. An apprentice who is a party to an indenture Ex~ ent to under this Act shall be bound thereby throughout its :'~~:tureB currency, notwithstanding that the apprentice may have are binding. attained the age of twenty-one years. A parent or guardian of an apprentice who is a party to an indenture under this Act shall be bound thereby until the apprentice attains the age of twenty- one years, and no longer. 28. Where a person is apprenticed to partners his Death of i b nyderenatsuorensonolfy aopf pthreendtiecaetshhiopr rsehtai . rllemneontt obfe andeytepramrtinneerd, t ap o parptdr e en t ne e rt r i n m c ~ o m t . e but shall be deemed to be assigned to the surviving or ship. continuing partner or partners. 29. (1.) The employer of every apprentice shall teach Mu~ual such apprentice, or cause him to be taught, the trade dutIes. _ or jndustry or process only or portion of such trade or ~ : ! ro~ ~ r. industry in relation to which he is bound apprentice~ by competent instruction in a gradual and complete manner, and shall give such apprentice a reasonable opportunity to learn the same and receive during the period of his apprenticeship such technical, trade, and general instruction and training as may be prescribed or as may be directed. (2.) Every apprentice shall, during the 'period of Duty Of. his apprenticeship, faithfuUy serve his employer for the apprentIce. purpose of being taught the trade or industry or process only or portion of such trade or industry in relation to which he is bound, and shall also conscientiously and regularly accept such technical, trade, and general instruction and training as may be prescribed or directed, in addition to the teaching that may be provided by his employer. 30. (1.) Every apprentice and every probationer Technica.l shall attend, and every employer of such appre.ntice or classes. probationer shaU permit him to attend, a technical L
12552 LABOUR. APP1'('lIticcs and Minors Act. 20 GEO. V. No. :37, college, vocational classes, classes of instruction, or correspondence courses, if available, in such subjects as may be determined by the Minister on the recommenda- tion of the Executive from time to time after consulta- tio~ with the Group Committee for the respective trade or mdustry. (2.) Notice of such determination shall be given in the Gazette. (3.) The Minister may also determine, on the recommendation of the Executive after consultation with the Group Committee concerned, the total period during which apprentices to any particular trade or industry are to attend such technical college or classes. (4.) Reports as to attendance, conduct, and progress at technical college or" other prescribed classes shall be supplied periodically to employers and the Group Committee by the principal of such college or teacher concerned, and every employer shall once each year forward to the Group Committee such particulars con- cerning the apprentice's progress and work in the shop as may be asked for by such Committee. (5.) Subject to this Act, every apprentice attending at technical college or other prescribed classes shall be bound to submit himself to examination at the places and times prescribed by the Minister. (6.) Such examination shall, where possible, include theory and practice as applied to the trade or industry to which the apprentice is indentured. (7.) The Executive shall each year issue a certificate in the prescribed form to each apprentice, indicating his degree of proficiency, taking into consideration the term of apprenticeship served. A duplicate of such certificate shall be sent by the Executive to the employer and the secretary of the union, each of whom shall keep the same in safe custody and produce the same for inspection by the Group Committee concerned whenever demanded by the Committee to do so. (8.) On the apprentice producing to his employer a certificate that he has secured a record of eighty per centum of attendances at technical college or other prescribed cla.sses, signed by the officer in charge of such college or classes, his employer shall refund to the
LABOUR.. 12553 ]929. Apprentices and §Ii11;()'fs Act. apprentice all fees paid in respect of the tuition given at any technical college or other prescribed classes to the apprentice for the purpose of his apprenticeship: Provided that when an apprentice has to attend a technical college or other prescribed classes during his ordinary working hours and also in the evening, the eighty per centum of attendances shall b~ secured in respect of each such class. (9.) If any apprentice produces to his employer a certificate that he has gained an average of seventy-five per centum or over at the prescribed examination for the year of his apprenticeship for his trade or industry~ signed by the person conducting such examination, his employer shaH pay him as from the date of such certificate and for twelve months thereafter, five per centum additional wages over and above the rate prescribed: Provided that not more than one such increase shall be gIven III anyone year. (10.) It shall be lawful, with the approval of ·the Group Committee concerned, for the employer to with- hold the increase in wages accruing to the apprentice in accordance with the prescribed scale from any apprentice who fails to satisfy the Group Committee at the examination tests, for such period as may be determined but not exceeding twelve months. (11.) Where in any case it is shown to the satisfaction of the Group Committee for the particular trade or industry that any apprentice, by reason of his engagement on country work, cannot conveniently attend a technical college or other prescribed· classes, the Group Committee may (subject, however, to such conditions as the Com- mittee may impose) direct that such of the provisions of this section as relate to attendance at a technical college or other prescribed classes and to examinations shall not apply to such apprentice. (12.) If any employer, in any way, either directly Employ~ r or indirectly- obstructmg attendance (a) Interferes with or obstructs any apprentice at classes. or probationer in such manner as to prevent him from attending at a technical college or other prescribed classes on any occasion upon which he is bound to attend as provided by this Act; or
12554 LABOUR. App'renticcs and JJEiil,ors Act. 20 GJ;~ o. V. No. 37, (b) Alters his position to his prejudice or places him under any other disadvantage in conse- quence of his attendance or attempt to attend as so provided, or so as to discourage him from such attendance; he shall be guilty of an offence against this Act. Order as to 31. \Vhere in any case it is reported to the Minister employment that any employer or group of employers has not in his ~~ prenticos. or their employ the number of apprentices in proportion to the journeymen employed equal to the prescribed proportion allowed or required by this Act relating to the trades or industries concerned, the Minister may apply to the Executive to make such investigation and order as the Executive may deem necessary to ensure that each employer or group of employers shall employ and train a specified number of apprentices. Any 32. Subject to this Act, every employer shall be memapylohyaevre cntitled to employ at least one apprentice. one apprentice. Person ~ ot 33. Any person carrying on any calling, craft, or ~ : ~ ~ ' Jsm! ay trade to which the Act applies, although not employing have on~ any employees, shall be entitled to employ one apprentICe. apprentice. . Where 34. Where in any case the Minister is of opmlOn afuprptrheenrtices that the number of apprentices being trained in any may be trade or industry is insufficient to meet the requirements ordered. of the particular trade or industry in the matter of skilled artisans, he may apply to the Executive to make such investigation and order as may be deemed necessary to permit or require any employer to employ such further number of apprentices as may be directed. Notice of application for such order shall be given to the industrial union and to the employers' association concerned. Case wherc employer cannot provide work. 35, (1.) In the event of an employer being unable to provide work for the apprentice or to mutually agree with the legal guardian of the apprentice to arrange a transfer or to cancel the indenture, application may be made to the Group Committee concerned to arrange for such transfer or to have such indenture cancelled. (2.) Where in any case an employer is temporarily unable to provide work to employ an apprentice for his
LABOUR 12555 1929. Lipprentices and 3Jlin,ors Act. full time, application may be made by the employer to the Minister for permission to employ the apprentice for such less time per week or per month, and at such remuneration, as the Minister, on the recommendation of the Executive after consultation with the Group Committee concerned, may determine. 36. Notwithstanding anything in any Act or law Wh~ re or award to the contrary, where in any case special ~ ~ ~ ~ : lon workshop or other facilities are provided by any employer may be for the training of apprentices, the Minister, on the : ~ ~ ~ : : : ? recommendation of the Executive after consultation apprentices. with the Group Committee concerned, may, by order, prescribe the number of apprentices which such employer may employ. Notice of such order shall be given to the industrial union and to the employers' association concerned. 37. With a view to determining whether the number Informatioll o f appren t - ' ICes b e ' lng t ra ' lne d' In any pal' t' ICU 1 ar t ra d e or too- ivbeen by industry is sufficient to meet the future requirements :mployer s• of such trade or industry in the matter of skilled artisans, the chairman of the Executive may require any employer to furnish him with any specified information relating to such trade or industry, or relating to the employees engaged therein. 38. The holidays and annual leave for apprentices Holidays. and minors subject to this Act shall be those prescribed by the Awards in force for the callings in which they are employed. 39. (1.) The employer shall pay the apprentice, Payu;ent for probationer, or minor in respect of time lost by reason of ~ f~ ~ ~ ~ : e, & c. his enforced absence through sickness or statutory , holidays: Provided that payment for such sickness shall not exceed a total of one week in each year. (2.) In respect of time lost by reason of compulsory military or naval training, the employer shall pay the apprentice, probationer, or minor the amount by which the prescribed wages for the trade or industry exceeds the amount received by the apprentice, probationer, or minor from the Department of Defence: Provided, however, that this subsection shall not apply to military or naval training imposed through failure to attend compulsory parades.
12556 LABOUR. Appr'cntices and Jiinors Act. 20 GEO. V. Xo. 37, - - - ~ . - . - - . - - - - . - - - - - - - ~ - All time lost by reason of compulsory military or naval training, other than the additional training mentioned in the last preceding proviso, shall count as part of the apprenticeship. (3.) When an apprentice or probationer attends a technical college, vocational classes, or other class or classes of instruction during his ordinary working hours, where such is prescribed, the time so occupied shall count as part of the apprenticeship, and the employer shall not be entitled to make any deduction from the wages of the apprentice or probationer for such time. (4.) Any place at which an apprentice or pro- bationer attends to receive instruction for the purposes of this Act shall be deemed to be a place of his employment under *" The Workers' Compensation Acts, 1916 to 1929," and all the provisions of those Acts shall be applicable accordingly. fDroedmucwtaiognes. secti 4 on 0. heErexocfeptht einapcpasreesntwichee, reprobbyattihoenelra, storpmreicneodrinigs entitled to be paid for time lost, and except in the case of holidays provided for in this Act, when an apprentice, probationer, or minor is absent from work without the consent of his employer, the employer shall be entitled to deduct from the wages of the apprentice, probationer, or minor an amount proportionate to the time so lost. Final examina· tion. 41. (1.) Upon the completion of the period of training prescribed by his indenture, each apprentice shall, subject to this Act, be required to pass the final examination test as the Group Committee concerned may determine, and upon passing this test shall be provided with a certificate to that effect. (2.) Should the apprentice fail to pass such test, he may be employed for a further period or periods at such wage and under such conditions as the Executive, after considering the recommendation of the Group Committee, may from time to time consider reasonable, having regard to his age and ability, and shall be given ,1 further opportunity to pass the test. T ravelling 42. An apprentice shall be paid the same allowances a & l c lo . wances, as are from time to time paid by the employer to journey- men in the same trade for travelling time, fares, meal * 6 Oco. V. No. ;{5 and amending Acts, supra, page 9851 and sessional volumes.
LABOUR. 12557 ] 92!1. Apprentices ancl Jiin01·s Act. money, distant jobs, and other matters, or where such allowances are proportionate to the rates of pay received by journeymen, the apprentice shall be paid only such proportion thereof as the rates of pay of the apprentice bear to such journeymen's minimum rates of pay. 43. Notwithstanding anything in a:t;J-y Act or law ~:!r:~~!r. or award to the contrary, every apprentICe shall, after completing the full period of apprenticeship as prescribed in his indentures, and upon passing the final examination test, be immediately classed or designated a "young journeyman," and as such may continue his trade or calling for a term of eighteen months, divided into three periods of six months each at the following rates of wages :- First six months, seventy per centum of the wage paid to a journeyman of his respective trade; Second six months, eighty per centum of the wage paid to a journeyman of his respective trade; Third six months, ninety per centum of the wage paid to a journeyman of his respective trade: Provided that, unless otherwise determined, the apprentice, hereinafter called the "young journeyman," may continue in the employment of the employer with whom he was indentured until the expiration of the aforementioned periods, and during the whole of that period he shall be under the control of the Executive: Provided further that a young journeyman may, after the second period of six months has elapsed, make application to the Executive to be classed as a journey- man, and where, in the opinion of the Executive, after full reports by the employer and further investigation, they deem the young journeyman capable, then such application shall be granted. \\There, in the opinion of the Executive, it is thought desirable in the interests of either the young journeyman or the employer to transfer such young journeyman for the balance of the aforementioned period to another employer, then the Executive may make such transfer. For the purposes of this section the Executive shall confer with the Group Oommittee concerned. 44. Notwithstanding anything contained in this Employmonb Act or in any other Act or in any industrial award to the of mmors. contrary, it shall be lawful for the Governor in Oouncil,
12558 LABOUR. Apprentices and J1iin,ors Act. 20 GEO. V. No. :31, if in his discretion he shall deem it fit and proper so to do, by Order in Council to direct and declare that any employer shall be entitled to employ any minor or minors in any calling, trade, or industry, whether such calling, trade, or industry shall be a calling, trade, or industry in respect of which apprentices may be indentured under this Act or not. Such Order in Council may specify therein any particular calling, trade, or industry, or callings, trades, or industries, or such Order may have general application to all callings, trades, or industries, whether such callings, trades, or industries are such callings, trades, or industries in respect of which apprentices may be indentured or not. Such Order in Council may also prescribe the maximum number of minors which any employer may employ in any calling, trade, or industry in respect of this section. Such Order in Council may also be for such limited time as is prescribed therein; moreover such Order in Council may also contain such provisions, conditions, and stipulations as are deemed necessary and desirable for the purposes of this section. Before the making of any such Order in Council the Governor in Council may have regard to any recommendation of the Executive in respect to the making or otherwise of the Order, or the terms, provisions, conditions, and stipulations to be contained therein. Such Order in Council may specify the rates of wages to be paid to any such minor, or may delegate such fixation to the Executive, or may prescribe that the wages payable to such minors shall be fixed in the manner prescribed by subsection three of section thirteen of this Act in relation to the wages payable to apprentices: Provided further that no minor shall be appointed under the provisions of this section unless such minor shall have registered with the Executive as prescribed. Provided that any such Order in Council shall not be made unless an application is made to the Executive by an association of employers or by any particular employer in respect of any calling, trade, or industry.
LABOUR. 12559 1929. Apprentices and ll1inm's Act. 45. The secretary of the Executive shall prepare a Roll of. roll of apprentices containing- apprentICes. (a) A complete record of minors and all applications to become apprentices; (b) A record of all apprentices, probationers, and minors placed with employers; (c) A record of all employers with whom apprentices, probationers, and minors are placed, and the facilities available for training; (d) A record of the progress of each apprentice, recording the result of the periodical training; (e) Such other particulars as the Minister may direct. 46. For the purpose of the operation of this Act, a Power ?f member of the Executive or of a Group Committee or of ~ ~ ~ C~ tI: : ter an Advisory Committee may, if authorised in writing inpre:nises. that behalf (whether generally or in any particular case) by the Minister, enter at all reasonable times any premises or place where apprentices, minors, improvers, junior journeymen, or journeymen are employed. 47. Subj ect to any conditions or restrictions pro- Power of vided by *" The Industrial Conciliation and Arbitration~ ndustrial Act of 1929," every industrial inspector appointed under Inspectors. that Act shall have the power to- (a) Enter any premises; (b) Make such inspection of the premises, plant, machinery, or work upon which any young journeyman, apprentice, or minor is employed or could be employed; (c) Interview any young journeyman, apprentice, minor, or employee; (d) Examine any books or documents of the business relating to the wages and conditions of young journeymen, apprentices, or minors; (e) Interrogate the employer in regard to any of the abovementioned matters; (1) Generally do any act relating to matters comprised in this Act. * 20 Geo. V. No. 28 (thiH volnme).
12560 LABOUR. Apprentices and Jlinors Act. 20 GEO. V. No. :37, Returns to . 48. Employers shall, upon request, furnish the group. Group Committee concerned with a return, in the form omnllttees. prescribed, giving the following information :- (a) Name of employer; (b) Number of journeymen employed at date of such return in each section of the trade; (c) Number of young journeymen, apprentices, probationers, and minors employed in each section of the trade; (d) Names of young journeymen, apprenticef'l, probationers, and minors; (e) Sections of trade to which apprentices are indentured or in which young journeymen are employed; (f) Date of commencement of apprenticeship or employment as young journeymen; (g) Date of expiration of apprenticeship or employment as young journeymen. Improver~ ' licenses. 49. From and after the commencement of this Act, all improvers' licenses in any calling for which an apprenticeship is prescribed by this Act, shall be issued by the Executive. Eaotnvteiodnaedtnahcneacned mitte 5 e 0 u . nTdehre thchisaiArmctanmaoyf rtehqeuiErexeacnuytipveersoorn a( innycluCdoimng- of witnesses a member), giving evidence before the Executive or any Committee, to give his evidence on oath or affirmation, and for such purpose may administer an oath or take an affirma,tion. For the purpose of compelling the attendance of persons to give evidence and the punishment of persons failing to attend when summoned or refusing to give evidenoo or produce documents or writings in their possession or power, the chairman of the Executive or any such Committee shall have all the powers and authorities of a police magistrate sitting in a court of petty sessions. Application 51. The provisions of this Act shall apply and extend GofoAvecrtntmoent t 0 a 11 appren t' ICes, pro b a t' lOners, an d m ., lnorsw h 0 arc employees. employed or may hereafter be employed by the Govern- ment, in any calling, craft, or trade to which this Act applies. Without limiting the meaning of the term "employed by the Government" in this section, such
LABOUR. 12561 1929. AZ)prentices and Minors Act. term shall extend and apply to such apprentices, probationers, and minors who are employed by the corporation of "The Treasurer" in the case of sugar works controlled by or vested in such corporation, or the Commissioner for Railways in the case of the Railway Department, or the Commissioner of Main Roads in the case of the Main Roads Commission, or Government Printing Office employees, or any public department of the State. 52. (1.) The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. Without in any wise limiting the generality of the above provisions, regulations may be made- (a) Providing for any matters or things which are or may be the subject of draft regulations submitted by the Executive; (b) Providing for the appointment or election of representatives to the Executive or Group Committees or Advisory Committees; " r) Prescribing forms to be used for any of the purposes of this Act; (d, Providing for an appeal to the Minister by any employer, young journeyman, apprentice, mjnor, or guardian who is dissatisfied with the decision in his case of the Executive or of a Group Committee or of an Advisory Committee, and for the consideration by the Minister of such appeal and the giving of a final decision by him in the matter; or empowering the'Minister to refer the matter of any such appeal to the Industrial Court or to a Conciliation Commissioner or to an industrial magistrate, as the case may be, who shall give a decision, and that decision shall be final and without appeal; (e) Providing for any matters or things which by this Act may be prescribed;
12562 LABOUR. Apprentices and, Minors Act. 20 Gmo. V. No. 37, Offences. (f) Prescribing such other matters or things relating to young journeymen, apprentices, or minors as may be deemed necessary or desirable. (2.) The regulations may fix a penalty, not exceeding in any case twenty pounds, for any breach thereof. (3.) All such regulations shall be published in the Gazette, and thereupon, subject to subsection four hereof, shall be of the same effect as if they were contained in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Such regulations shall be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (4.) If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such Parliament after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. (5.) For the purpose of this section, the t,erm "sitting days" shall mean days on which the House actually sits for the despatch of business: Provided .always that if such regulations are not duly laid before Parliament as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. 53. (1.) Any person- (a) Who either directly or indirectly or under any pretence or device attempts to employ or employs or authorises or permits to be employed any young journeyman, apprentice, probationer, or minor at a lower rate of pay (including increased rate for proficiency, if any) than the rate of pay to which he is entitled under and pursuant to this Act; or (b) Who attempts to employ or employs or authorises or permits to be employed any young journeyman, apprentice or minor in excess of the number which under and pursuant to this Act he is entitled to employ- shall be guilty of an offence against this Act.
12563 1929. Apprentices cmd lYIinors Act. (2.) Any person who acts in contravention of or fails to comply with any of the provisions of this Act or of any Proclamation or Order in Council hereunder or of the regulations or of any order or determination of the Executive, or with the terms of any indenture executed in accordance with this Act, shall be guilty of an offence against this Act. (3.) Any person convicted of an offence against this Act shall, except where otherwise expressly provided, be liable to a penalty not exceeding twenty pounds. (4.) Proceedings in respect of offences against this Act shall, except where otherwise provided, be by complaint, and be heard and determined in a summary m9Jnner by an industrial magistrate. 54. (1.) All Orders in Council made under thisProvillion Act shall be published in the Gazette. ~ : ~ ~ ~ ; ~ r8 The Governor in Council may, by another Order in Council, amend or rescind any such Order in Council. (2.) No misnomer or inaccurate description or omission in or from any such Order in Council shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter, provided the same is designated so as to be understood. (3.) A copy of the Gazette containing an Order in Council purporting to be made by the Governor in Council under this Act shall be conclusive evidence of the due making of such Order, and such Order shall be of the same effect as if it were contained in this Act and shall not be liable to be challenged or disputed in any Court whatever. 55. Nothing in any other Act or enactment or in This ~ ct to any award made under *" The Indu8trial Oonciliation and prevrul. ArbitrationAct of 1929" shall limit or affect the operation or effect of any of the provisions of this Act, and whenever any provision of any such other Act or enactment or of any such award is inconsistent with the provisions of this Act, this Act shall prevail. 56. No apprentice, probationer, or minor shall be Approntice, compelled to become a member of any industrial union. ~o~ p~? ied to - _ _ ~ _ _ _ _ - _ ~ _ ~ _ _ _ ~ ________ ~ join union. * 20 Gea. V. No. 28 (this volume).
12564 LABOUR. Apprentices and Minors Act. 20 GEO. V. No. 37, 1929. THE SCHEDULE Bread Baking and Pastry- cooking. Engineering- Blacksmithing. Boot Trade- Clicking. Finishing. Making. Stuff Cutting. Building- Bricklaying. Carpentry and Jowcry. Lead light work. Painting. Plastering. Plumbing. Signwriting. Stonemasons' work. Boilermaking. Coppersmithing. Cycle building. Fitting and turning. Motor mechanics' work. Moulding. Patternmaking. Furniture- Bedding-making. Ca binet-making. French polishing and staining. Glass bevelling. Picture frame making. Upholstering. Coach and Motor Body Building- Coach and motor body building. Venetian blind making. Wickerwork. Wood-machining. Wood-turning. Coach and motor paint- ing. Coach and motor smith- ing. Coach and motor trim- ming. Panel beating. Wood-machinist in coach and motor body build- ing. Leather- Bag-making (including clicking). Buggy saddle making. Collar-making. Fancy leather working and sporting goods making. Harness-making (includ- ing strapping). Clayworking- Modelling. Pottery. Clothing- Order tailoring for females. Order tailoring for males. Oonfectionery. Machine belt making. Riding saddle making. Trunk and case making. Musical Instrument Making- Piano and reed organ tuning and repairing. Pipe organ building and tuning. Polishing. Oooks- (As covered by the Hotel, Club, and Restaurants Award, the Boarding- Printing- Bookbinding. Composing. Letterpress machining. house Employees Award, and the Rail- Lithography. Process engraving. way Refreshment Rooms Award.) Retail Butchering- Shopman. Coopering. Dental Mechanics. Electrical. Elootroplating. Slaughterman. Smallgoodsman. Sheet Metal Work. Watchmakers, Jewellers, and Opticians.
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