Apprentices and Minors Acts Amendment Act of 1959 (8 Eliz Ii No. 8) (Qld)

372 LABOUR. Apprentices and Minors Acts, Etc,, Act, 8 E liz . II. No. 8, LABOUR. (1) Apprentices and Minors Acts Amendment Act of 1959 .. .. .. .. 8 Eliz . II, No, 8 (2) Factories and Shops Acts Amendment Act of 1958 (No. 2) ........................................7 Eliz. II. No. 47 (3) Industrial Conciliation and Arbitration Acts Amendment Act of 1958 .. .. .. 7 Eliz. II. No. 58 (4) InspectionofMachineryActsAmendmentAct o/1958 ........................................ 7 Eliz. II. No. 38 (5) Inspection of Scaffolding Acts Amendment Act of 1959 ........................................ 8 Eliz. II. No. 1 (6) Workers' Compensation Acts Amendment Act of 1959 ........................................ 8 Eliz. II. No. 4 8 E NO li . z . 8. II. An Act to Amend “ The Apprentices and Minors A pprentices and M inors A cts A mendment A ct of 1959. Acts, 1929 to 1954,” in certain particulars. [A ssented to 6 th A pril , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. Principal Act. Collective title. 1. (1.) This Act may be cited as “ The Apprentices and Minors Acts Amendment Act of 1959.” (2.) *“ The Apprentices and Minors Acts , 1929 to 1954,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be collectively cited as “ The Apprentices and Minors Acts, 1929 to 1959.” Amendment 2. Section three of the Principal Act is amended of s. 3. by inserting, after the definition of the word “ industry ”, the following definition :— “ “ Minister ”—The Minister for Education or other Minister of the Crown for the time being charged with the administration of this Act; ”. * 20 G. 5 No. 37 and amending Acts.

LABOUR. 373 1959. Apprentices and Minors Acts Amendment Act. 3. Subsection two of section seven of the Principal Amendment Act is amended by repealing in the proviso thereto the of s‘7(2)' words “ Fifth Grade Standard ” and inserting,, in lieu of those repealed words, the words “ Sixth Grade Standard 4. Section thirty of the Principal Act is amended- Amendments of s. 30. (i.) By repealing subsections thirteen, fourteen and fifteen thereof and inserting, in lieu of those rjepealed subsections, the following subsections :— “ (13.) (a) If during any college or school term, or any other period determined by the Group Committee concerned, an apprentice fails to discharge his obligations under this section to the extent of eighty per centum at least, then, subject to paragraph (6) of this subsection, that Group Committee may in writing direct the employer to reduce the weekly wage of that apprentice by such amount (not exceeding the difference between the weekly wages in respect of such an apprenticeship payable respectively in accordance with the year thereof in which the apprentice concerned is serving and the next preceding year thereof) and for such period not exceeding twelve months, as that Committee determines and specifies in the direction. Any direction under this paragraph (a) shall be effective and binding upon the employer as from the day next succeeding the day of the service thereof upon him. (b) The weekly wage of an apprentice shall not, under paragraph (a) of this subsection, be directed to be reduced in respect of any failure by him as specified in that paragraph which is certified by a registered medical practitioner to be due to illness or injury. (c) If at the expiration of the period for which an employer is required under this subsection to reduce the weekly wage of an apprentice, the Group Committee concerned shall be satisfied that the apprentice has discharged his obligations under this section to the extent of eighty per centum at least then that Group Committee may revoke the direction in the case made by it under this subsection and in writing notify the employer concerned of such revocation. (d) An employer shall reduce the weekly wage of an apprentice in accordance with a direction pursuant to the provisions of paragraph (a) of this subsection

374 LABOUR. Apprentices and Minors Acts, Etc., Act. 8 E liz . II. No. 8, by the Group Committee concerned and for the period determined by that Committee and specified in the direction. If the Group Committee concerned revokes the direction, any and every amount of wages withheld by the employer in accordance with the revoked direction or required to be so withheld shall be paid by the employer to the apprentice within seven days after that Group Committee has notified in writing the employer of such revocation. Unless the Group Committee concerned sooner notifies in writing the employer that it has revoked the direction in question, any and every amount of wages withheld by an employer in accordance with any such direction or required to be so withheld shall be paid by that employer to the Executive within twenty-one days after the date of the expiration of the period specified in the direction. Any employer who fails to comply in any respect with the provisions of this paragraph ( d) shall be guilty of an offence against this Act and may, whether convicted or not, be ordered by an industrial magistrate to pay to any apprentice or to the Executive any and every amount which the industrial magistrate finds is due to such apprentice or to the Executive pursuant to this paragraph (d) and is unpaid. All moneys paid to the Executive in accordance with the provisions of this paragraph ( d) shall be dealt with by it as hereinafter in this section provided. (14.) If any apprentice produces to his employer a certificate that he has gained an average of seventy- five per centum or over at any annual examination in a course of instruction prescribed for his trade or industry signed by the chairman of the Executive, his employer shall pay him as from the date of such certificate and for service rendered to the employer during the next twelve calendar months, which service includes holidays and sick leave, in respect of which the apprentice is entitled to be paid five per centum additional wages over and above the rate prescribed for his year of experience at the trade : Provided— (a) That no more than one such increase shall be given in any one year ;

LABOUR. 1959. Apprentices and Minors Acts Amendment Act. ( b ) That an apprentice who is not enrolled in the prescribed course of instruction for his trade or industry before he commences his second year’s experience in the trade shall not be eligible to receive such additional wages; and (c) That an apprentice who fails to pass any annual examination shall not in any succeeding annual examination fo r the same year of the course be eligible to qualify for such additional wages. (75.) (a) If an apprentice fails to pass the examination tests prescribed in relation to any year of his apprenticeship the Group Committee concerned may in writing direct the employer to reduce the weekly wage of that apprentice by such amount (not exceeding the difference between the weekly wages in respect of such an apprenticeship payable respectively in accordance with the year thereof in which the apprentice is serving and the next preceding year thereof), and for such period not exceeding twelve months, as that Committee determines and specifies in the direction. Any direction under this paragraph (a) shall be effective and binding upon the employer as from the day next succeeding the day of the service thereof upon him. (6) If at the expiration of the period for which an employer is required under this subsection to reduce the weekly wage of an apprentice the Group Committee concerned shall be satisfied that the apprentice has passed the required examination tests, then that Group Committee may revoke the direction in the case made by it under this subsection and in writing notify the employer concerned of such revocation. (c) An employer shall reduce the weekly wage of an apprentice in accordance with a direction pursuant to the provisions of paragraph (a) of this subsection by the Group Committee concerned and for the period directed by that Group Committee and specified in the direction. If the Group Committee concerned revokes the direction, any and every amount of wages withheld by the employer in accordance with the revoked direction or required to be so withheld shall be paid by 375

376 LABOUR. Apprentices and Minors Acts, Etc., Act. 8 E liz . II. No. 8, the employer to the apprentice within seven days after that Group Committee has notified in writing the employer of such revocation. Unless the Group Committee concerned sooner notifies in writing the employer that it has revoked the direction in question, any and every amount of wages withheld by an employer in accordance with any such direction or required to be so withheld shall be paid by that employer to the Executive within twenty-one days after the date of the expiration of the period specified in the direction. Any employer who fails to comply in any respect with the provisions of this paragraph (c) shall be guilty of an offence against this Act and may, whether convicted or not, be ordered by an industrial magistrate to pay to any apprentice or to the Executive any and every amount which the industrial magistrate finds is due to such apprentice or to the Executive pursuant to this paragraph (c) and is unpaid. All moneys paid to the Executive in accordance with the provisions of this paragraph (c) shall be dealt with by it as hereinafter in this section provided.” ; and (ii.) By adding to that section the following subsection, namely:— “ (18.) All moneys received by the Executive pursuant to the provisions of subsections thirteen and fifteen of this section shall be paid forthwith to the credit of an account in the name of the Executive in such bank as the Minister shall direct and may, subject to the approval of the Minister, be expended and applied by the Executive for the provision of prizes in connection with the examination tests prescribed for apprentices and for the assistance, by way of reimbursement wholly or in part of fares, travelling expenses and sustenance, of any apprentices brought from their places of residence to any other place for courses of practical training.” Amendment 5. Subsection one of section thirty-nine of the of s. 39 (1). Principal Act is amended by repealing in the fifth paragraph (being the paragraph secondly commencing with the words “ an apprentice, probationer, or minor ”) of that subsection the word “four ” and by inserting, in lieu of this repealed word, the word “ seven ”.

LABOUR. 377 1959. Apprentices and Minors Acts Amendment Act. 6. The following section is inserted after section New s. 47 aa 47 a of the Principal Actinsert* . “ [47 aa .] A person shall not assault, resist or Assaulting, obstruct---- industrial (а) An industrial inspector appointed under *“ The or Industrial Conciliation and Arbitration Acts, officer. 1932 to 1958”; or (б) A welfare officer appointed under this Act, in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do.” 7. The following section is inserted after section New s. sia fifty-one of the Principal Act, namely :— inser 0 ' “ [57 a .] ( 1 .) Any notice, order, direction, document, service, or writing required or authorised by this Act to be given to or served upon any person may, unless some other mode of giving or serving the same is expressly prescribed, be given to or served upon that person— (a) By delivering the same to him personally ; (b) By leaving the same with some person apparently over the age of sixteen years for him at his usual or last-known place of abode or business ; (c) By forwarding the same by post in a prepaid registered post letter addressed to such person at his usual or last-known place of abode or business. (2.) In the case of any notice, order, direction, document, or writing served by forwarding the same by post in a prepaid registered post letter pursuant to this section, such notice, order, direction, document, or writing shall, unless the contrary is proved, be deemed to have been served at the time at which the letter would be delivered in the ordinary course of post.” 23 G. 5 No. 36 and amending Acts.