Apprenticeship Act of 1924 (15 Geo v No. 12) (Qld)
Case
No judgment structure available for this case.
11032 ss. 1,2. LABOUR. .--- ----------- ~ App1'enticeskip Act. 15 GEO. V. N~ . 12, LABOUR. Apprenticeship Act of 1924 .. 15 Qeo. V. No. 12 Industrial Arbitration Act Amendment Act of 1924 15 Qeo. V. No. 25 15NGoe. o1. 2V. . An Act to Regulate Apprenticeships in Certain THE Trades and Industries. ApPRENTICE~ smp ACT OF 1924. [ASSENTED TO 28TH OOTOBER, 1924.] B E it enacted.by the King'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 t,itle 1. This Act may be cited as "The Apprenticeship :!struction Act of 1924," and shall be read as one with *" The of Act. Industrial. Arbitration Acts. 1916 to 1923,' herein col- lectively refeITed to as the Principal Act. Interpreta. tion. Interpretation. 2. In this Act- "Area" means. an area to which this Act applies as directed and defined by Order in Council; "The Executive" means the Apprenticeship Executive constituted under this Act; "Group Committee" means a Group Apprentice- ship Committee constituted under this Act; "Minor" means a person under twenty-one years of age who is employed or engaged in any trade or industry, and who customarily works under the direction of or in association with an employer, master, or journeyman, in such trade or industry, upon the material and with the tools or implements used in such trade or industry; "Person" includes any firm, company, industrial union, association, group of persons, or cor- poration; "Trade" means any calling, craft, or trade for the purpose of being instructed in the knowledge and practice of which apprentices may be bound by agreement under this Act; * 7 Geo. V. No. 16 a.nd 14 Geo. V. 'No. 10, supra, pages 7538 and 10587.
ss. 3-5. 11033 1924. Apprent1:ceship Act. and generally, save as herein otherwise provided, the terms used have the meanings respectively assigned to them by the Principal Act. Application 0/ Act. 3. (l.) This Act shall appIy to the skilled trades Application and industries mentioned in the Schedule hereto, and to ~ f: - ~ t' l such other skilled trades and industries as the Governor c e u e. in Council may from time to time by Order in Council approve and declare. (2.) This Act shall apply only in such areas as the Areas. Governor in Council may from time to time by Order in Council direct and define. The Governor in Council may by Order in Council In whole or direct and declare that the whole or part only of this Act in part. shall apply to any area specified in such Order; where- upon this Act or such part thereof shall extend and apply to such area accordingly. Apprenticeship. 4. After the passing of this Act no minor shall be Employment employed or engaged in any of the trades or industriAs of minors. to which this Act applies except subject to the conditions of apprenticeship or probatiouership herein contained: Provided that the Minister, on the recommendation of the Group Committee concerned, may exempt from the provisions of this section any class or classes of minors employed or engaged in any of such trades or industries whose employment is not, in the opinion of the Minister, of such a nature as will permit or require them to become skilled craftsmen. 5. (l.) Any person desirous of becoming an apprentice RegIstration s W h 1 a 10 ll S n h oatIilf L yketheep Da irreegcl • tsotreo: f 0 L f asbuoeu1 1 r, p i e n rstohnesf: orm prescribed, ae o mn f dployment Provided that any person desirous of becoming an ,tpprentices. 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 Director of Labour of such notification, and the Director of Labour shall include the name of such person in the said register. (2.) Every employer desirous of obtaining an appren- tice shall make application to the Director of Labour in the form prescribed, and shall select as an apprentice only a person whose name is so registered.
1:'.084 ss. 6,. 7. LABOUR. FrohatlOn. Apprenticeship Act. 15 GEO'. V. No. 12, - - - -------------- (3.) Every apprentice shall be employed on probation for a period of three months to determine his fitness or otherwise for apprenticeship, and shall work only for such hours per day and for such remuneration as may be prescribed by any industrial award applicable to his case. In the event of his becoming an apprentice, such probationary period shall be counted as part of the term of apprenticeship. Public examina- t c · lODS. Examinations. 6. (1.) Whenever the Minister considers it so desir- able, he may in respect of any specified trade prescribe public 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. Dispensing (2.) As regards any trade that may be determined ~v~ ! I: rHnatioD. by the Minister, a qualifying entrance examination may be dispensed with: 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 for State schools. Recip,·ocal status of certifi~ ates. 7. The Governor in Council may from time to time~ by Order in Council published in the Gazette, declare the 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 ob- tained 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.
1924, LABOUR. Apprenticeship Act. ss. 8-10. ' 11035 Apprenticeship Executive. 8. (1.) A board to be called the " Apprenticeship Apprentice. Executive" shall be constituted as follows : - . SEhliIp: ecut'lye. .(a) Two representatives appointed by the Minister, one of whom shall be chairman and shall also act ex officio as chairman of the Group Committees hereinafter provided for; (b) One representative of employers, appointed by the Queensland Employers' Federation; (c) One representative of employees, appointed by the Trades and Labour Council; (d) Two representatives each of employers and of urllons, elected by the respective representa- tives on the Group Committees. The Minister may change his representatives from time to time; the Queensland Employers' Federation and the Tradee and Labour Council may each change its representatives from time to time; and the Group Committees may respectively change their representatives from time to time. Every such appointment or change shall be notified in the Gazette. . (2.) 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 representative at any meeting or meetings of the Executive as may be required. (3.) Four members of the Executive shall constitute Quorum. a quorum. 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. 9. A secretary to the Executive shall be appointedSeoretary. 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. foIIo 1 w 0 . m . gT: h-e duties of the Executive shall include the DExuetoieustl ? v f e. (a) To advise the Minister as to the trades or .industries which should be regarded as skjlled trades or industries for the purpOses of this Act;
11036 s. 11. LABOUR. Apprenticeship Act. 15 GEO. V. No. 12, (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 may from time to time be delegated to the Executive by the Minister ; (c) To advise the Minister on any matter involving or bearing upon any general principle of apprenticeship; (f) To collaborate with the Group Committees or Advisory Committees on any matters relating to apprentices. Group Apprenticeship Committees. sAGhprioppurepntice. mine 1 d 1. by (1 t .) heFMorineiasctherttrhaedree osrhaglrloubpe oaf btoraadrdescaaslleddettehre- Committees. "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 on each committee shall be determined by the Minister. Such representatives may be changed from time to time by the employers or union of employees as the ca,se may be. (3.) 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 representative at any meeting or meetings of the Group Committee as may be required. Quorum. (4.) Each trade representative shall, as far as possible, have an expert knowledge of the trade which he represents. (5.) Three members of a Group Committee shall constitute a quorum. The chairman shall not have a
1924. LABOUR. A.ppl"enticeship Act. ss. 12, 13. 11037 deliberative vote, but shall have a casting vote in any case where the votes of the members present are equally divided. 12. The duties of each Group Committee shall Duties of include the following • '- GCoromump. Ittees. (a) To receive from the Director of Labour the nominations of entrants for each trade or group of trades; (b) To make representations to the Minister wit,h a view to securing reconsideration of nomina- tions with which the Group Committee does not concur; (c) To advise the Minister as to the apprenticeship of each nominee 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; (f) To advise the Minister concerning the educational facilities that should be provided for the purposes of apprenticeship exa~ ina tions 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 or any other Group Committee or Committees on any matter relating to apprenticeship. Advisory Committees. 13. (1.) A board, to be called an "Advisory Com- Adviil~ ry mittee," may be appointed by the Minister in such CommIttees. locality as he may consider desirable, to advise in regard to any apprenticeship matter in that locality.
11038 s. 14. LABOUR. Apprenticeship Act. 15 GEO. V. No. 12, Each such Committee shaH consist of the 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 em- ployers in the trade or group of trades; (c) Two representatives appointed by the in- dustrial union or unions of employees in the trade or group of trades: Provided that when any matter affecting any trade which is not directly represented 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. (2.) The powers and duties of the Advisory Com- mittees shall include such of the powers and duties of Group Committees as the Minister in each case may determine. Protection of M embers. e Protection 14. (1.) No employer shall refuse employment to ~ i ~: : ~~ : s any person or dismiss any employee from his employ- and of. IV ment or injure him in his employment or alter his CommIttees. position to his prejudice by reason merely of the fact that the employee is a member of the Executive or of any Group Committee or Advisory Commjttee, 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 forthwith 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 employ- ment, or any employee proved to have been dismissed or injured in his employment or prejudiced whilst acting
LABOUR. ss. 15-17. 11039 1924. Apprenticeship Act. 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. 15. Each member of the Executive or of a Group Payment for Committee or of an Advisory Committee (other than any. atte~ ding member who isa State officer) shall be entitled to receivemeetmgs. in respect of his attendance at any duly convened meeting of the Executive or Committee at which he is present the sum of ten shillings and sixpence. All such sums shall be paid out of moneys appropriated from time to time by Parliament in that behalf upon a certificate signed by the Chairman of the Executive or Committee concerned. The provisions of this section shall apply to every Existing member of the Executive or of a Group Committee or of members. an Advisory Committee (other than any member who is a State officer) constituted under regulations existing at the date of the passing of this Act, as from the first day of July, one thousand nine hundred and twenty-four, to the effect that each such member (other than as afore- said) shall be entitled to receive in respect of his attendance at any duly convened meeting of the Executi ve or Committee at which he has been present on and from such date until the date of the passing of this Act the sum of ten shillings and sixpence. All such sums shall be certified to by the Chairman of the Executive or Committee concerned, and shall be paid out of the Consolidated Revenue Fund, which is hereby appropriated for the purpose. Delegation of Power. 16. Any of the powers conferred by this Act on Minister may the Minister maybe delegated by him to the Director of delegate Labour or any officer acting in the place of the Director powers. of Labour. Indentures of Apprenticeship. 17. (1.) At the end of the period of probation of Provi8ion~ as each apprentice, if it is mutually agreed upon by the to arobabo~ employer and the legal guardian of the minor but not : e8~ f: ren otherwise, he may become an apprentice under indenture. indentures. (2.) The Group Committee concerned may, in any Extension case where it seems to the Committee expedient to do of probation. so, order that the probationary period of employment of any minor be extended for a further period not exceeding three months.
11040 s. 17. LABOUR. - - - - - - - - - - - - - - - - .- - -- - --. - - - - - - - - - - - Apprenticeship Act. 15 GEo. V. No. 12, - - - - - - - - - - - -- - - - - -- - Completion and signing, & c. , of indenture. ( 3. ) Every such indenture shall be- - ( a) Completed within two months after the termination of the probationary period; ( b) Drawn up in the form prescribed, and signed by the employer, the legal guardian of the apprentice, 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 Director of Labour. 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 Director of Labour. Transfer. ( 4. ) The Group Committee concerned, or if there is no Group Committee, the Director of Labour, shall have power with the consent of the parent or guardian of the apprentice to transfer an tipprentice from one employer to another either temporarily or permanently- ( a) If the employer does not provide the necessary facilities for the apprentice to become pro ficient in his trade ; or ( b) Upon the application of the employer orthe 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 ( or if there is no Group Committee, the Director of Labour) , and the new employer. The transfer form shall be completed within two months after the date on which the transfer is effected. 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 Director of Labour. Existing indenturos. ( 5. ) All existing indentures entered into prior to the passing of this Act shall continue to have full 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.
LABOUR. ss. 18-21. 11041 1924. Apprenticeship Act. to ac(c6e. ) ptAannyy ecmonpsliodyeerratwiohno, dpermemainudms, , agcicfte,ptfos, rboeraaragnrecees. No premium. sionhrdaelalnlltbouewriangngucielbtyyinhoficmoannonfeocfatfeinonyncepwraogitbahaintistothneethreimsorpAlcaotyp. mpreenntticoer, tabhfetreeenre( 7ctho. h) meerNpeplooeefrteiemuoddnp. slleomsyseenartnsihoiannledldecnoinntutsriunebusoeeftcotaiepomnprspelonontyeic, aentswyhiomp, ianhnoadrs: .iWni: d .hr e e.n p .n l t e ru t : r e : ed t. t itnhdisu1sAt8rci. ta, l( 1ub. n) eioAinnnsdefanuptnpucrrteeinodntiictneog aminnaayi,ntdrfauodsrtertoiharleinupdnuuirosptnroysoe, srantodof Ua : pn ! pi . or , 0 en.n.sttoi.cre n s s . arrangements 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 ibnyasturcahdeasosrociinadtuiosntryo, f aenmd palorryaenrgsemfo. erntthsemeamy pbloeymmaednet of such apprentice. tastsohihhlfgsfeiainoscrllee( aroAa3bsnfp. ce, ) dptoa, odSfsnieuneadecatntmhhldseehatdahsulhpeunltaenoiairloinllosnsbdonobeenensoaoitorgunrrrverseeuupapmnnneooipridnfooslsnoonaisbsynepsaslepe, rlrooersbrffnuooetcrriaainhcsstgetssihhosonhececadiiinapeaponttubiiaotorosufnpnnefridor, cevse. essarwhshnaahcoolloerfll 19. Every indenture entered into by the employer Perio d < ;f sauncdh tpheerioledgaasl mguaayrdbieanspoefciftiehde baypptrheentiincdeussthrailall baewafrodr : ir 1 t mtice for the trade or industry in which the apprentice is engaged, but shall not in any case exceed five years, unless otherwise determined by the Court. pshairpti2cmu0laa. yrTtbhreeagdienearolmireasinyt dabunesdtrdlyaettbeeysrtmtaihngeeedCatoiunwrhtreioclahntiaaoppnpprltieconattaiicnoeyn- : Alg: i .e : f e onrt. ice by any party interested. oatnhceer2w1c. oitnh( dl. i) tthioEinsvseAracyst tihsnhedaeMlnl itncuoirsnetteareinnmt, eariyendpardiendstciotriiobinen- t- aoccsourcdh- Piin.r s do. e v: ni t s e tiu d orne in ss. ( a) The names and addresses of the parties to the indenture; ( b) The date of birth of the apprentice;
11042 ss. 22, 23. LABOUR. Apprenticeship Act. 15 GEo. V. No. 12, (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 appren ticeship; ( c) The date at which the apprenticeship is to commence and the period of apprenticeship ; ( / ) A condition requiring the apprentice to obey all reasonable directions of the employer, and requiring the employer and apprentice to comply with the terms of the relative indus trial award so far as they concern the apprentice ; ( g) The general conditions of apprenticeship; (h) A provision that the indenture may be can celled, subject to the Minister' s approval, by mutual consent, by the employer and the legal guardian of the apprentice giving one month' s notice in writing to the Minister and to the parties concerned that such apprentice ship shall be terminated. ooCtteinfecrreamtspihifpniicpraaet. tnioe n hiwnehathht(aee2sv. ) pesrreOercsnvacerutidhsbe, ee, dftutelhfrloemrpimenama, rtptaiilcoounycleeaorrrftsissfuhioccafahltlteahgpeispvtearbetrtniahntnegiccaehwspehhpsiarpeot, nffttriitomchmeee, trade or industry in which he has received instruction, the proficiency attained, and shall also notify the Group Committee concerned. Ewainrxhdeitecbenhnitntudrtieonsg. ucunrdree2rn2cty.h, iAsnnoAtawcpitpthrseshtnaatnlilcdebinewghbtoohuaints dtahtehpeaarrpetpybryetnothtaircnoeumignhadoyeunhttauivrtees 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. D e muptylooyf e r. Mutual Duties. 23. ( l. ) The employer of every apprentice shall teach such apprentice, or cause him to be taught, the trade or industry or process only or portion of such
1924. LABOUR Apprenticeship Act. s.24. 11043 trade or 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, faithfully serve his employer for theapprelltlCe. 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 conscien- tiously 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. Technical Classes. 24. (1.) Every apprentice and every probationer Technical shall attend, and every employer of such apprentice orc1asses. probationer shall permit him to attend, a technical college, vocational classes, or classes of instruction, if available, in such subj ects as may be determined by the Minister on the recommendation of the Group Committee from time to time for the respective trade or industry. (2.) Notice of such determination shall be given in the Gazette. (3.) The Minister may also determine, on the recom- mendation of 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 Commit- tee by the principal of such college or teacher concerned, and every employer shall once each year forward to the Group Committee such particulars concerning 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.
11044 s. 24. LABOUR. Apprenticeship Act. 15 GEO. V. No. 12, (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 rlO 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 classes, signed by the officer in charge of such college or classes, his employe!' shall refund to the appren- tice 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 be secured in respect of each such class. (9.) If any apprentice produces to his employer a certificate that he has ga,ined 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 shall pay him as from the date of such certifi- cate and for twelve months thereafter, five per centum additional wages over and above that prescribed in the relative industrial award: Provided that not more than one such increase shall be given in 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 scale set forth in the relative industrial award from any apprentice who fails to satisfy the Group Committee at the examination tests. (11.) \Vhere in any case it is shown to the satisfac- tion of the Group Committee for the particular trade or industry that any apprentice, by reason of his engagement
LABOUR. ss. 25-27. .------- ~ ~- - - -- - -- - -- - ~- - -- - -- - - - - -- - -- - -- ~ -- - ~- 1924. Apprenticeship Act. 11045 on country work, cannot conveniently attend a tech- nical college or other prescribed classes, the Group Committee may (subject, however, to such conditions as the Committee may impose) clirect 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 or Employer indirectly~ oatbtestnrduacnticneg (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 (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 Employment ot Apprentices. 25. Where in any case it is reported to the Minister Applications that any employer or group of employers has not in his ~ he~ . t or their employ the number of apprentices in proportion~~S;re~~f~a to the journeymen employed equal to the proportion employed. allowed or required by the industrial award or awards relating to the trades or industries concerned, the Minister may apply to the Court to make such investiga- tion and order as the Court may deem necessary to ensure that each employer or group of employers shall employ and train a specified minimum number of apprentices. entitl 2 e 6 d . toSuebmjpeclot ytaot tlheiasstAocnte, eavpeprryenetimcep.loyer shall be eAmmnaypylhoayveerone apprentice. 27. Where in any case the Minister is of opiI'ion Where that the. number of apprentices being trained. in any~~ ;~~ tices trade or mdustry is insufficient to meet the reqUlrementsmay be of the particular trade or industry in the matter of ordered. skilled artisans, he may apply to the Court to make 'such investigation and order as may be deemed neces- sary to permit or require any employer to employ such further number of apprentices a,s may be directed.
11046 ss. 28-31. LABOUR. Apprenticeship Act. 15 GEO. V. No. 12, Notice of application for such order shall be given to the industrial union and to the employers' association concerned. Case where 28. (1.) In the event of an employer being unable ecmanpnlootyer to provide work for the apprentice or to mutually agree provide with the legal guardian of the apprentice to arrange a work. 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 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 Group Committee concerned, may determine, being not less than the proportionate amount of the rate of wages prescribed by the industrial award for the relative trade or industry. 'Where 29. Where in any case special workshop or other psproecviiaslion facilities are provided by any employer for the training may be of apprentices, the Minister, on the recommendation of nmuamdebearsotfo the Group Committee concerned, may, by order, pre- apprentices. scribe the' number of apprentices which such employer may employ, notwithstanding any award of the Court prescribing the proportion of apprentices to journeymen to be employed. Notice of such order shall be given to the industrial union and to the employers' association concerned. Information 30. With a view to determining whether the number btoy be given of apprentices being trained in any particular trade employers. or industry is sufficient to meet the future require- ments of such trade or industry in the matter of skilled artisans, the Director of Labour may require any employer to furnish him with any specified information relating to such trade or industry, or relating to the employees engaged therein. Payment. Pa~ent for 31. (1.) The employer shall pay the apprentice in ! ? : ~ : ~ : e& c. respect of time lost by reason of his enforced absence , through sickness or statutory holidays: Provided that- (a) Payment for such sickness shall not exceed a. total of one month in each yellr ;
LABOUR. ss. 32, 33. 11047 1924. Apprenticeship Act. (b) Where the time lost through sickness exceeds at anyone time four working days, the employer may demand from the apprentice the production of a medical certificate. (2.) In respect of time lost by reason of compulSory military or naval training, the employer shall pay the apprentic.e th0 amount by which the wages prescribed by the industrial award for the trade or industry exceeds the amount received by the apprentice 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. 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.) 'Vhen an apprentice attends a technical college, vocational classes, or other class or classes of instruction during his ordinary working hours, where such is pre- scribed, 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 for such time. (4.) Any place at which an apprentice or probationer Applicatio~ attends to receive instruction for the purposes of this Act ~ ~: ; :: ~ r: ' shall be deemed to be a place of his employment under tion Acts. *" The Workers' Compensation Acts, 1916 to 1923," and ~ ll the provisions of those Acts shall be applicable accordingly. 32. Except in cases where by the last preceding Deductions section hereof the apprentice is entitled to be pajd for from wages. time lost, and except in the case of holidays provided for in any relevant award or agreement made under the Principal Act, when an apprentice is absent from work without the consent of his employer the employer shall be entitled to deduct from the wages of the apprentice an amount proportionate to the time so lost. 33. Upon the completion of the period of training Final. . prescribed by his indenture, each apprentice shall, subj ect exammatIOn. to this Act, be required to pass the final examination test as the Group Committee eoncerned may determine, and upon passing this test shall be provided with a certificate to that effect. * 6 QeD. V. No. 35 and amending Acts, supra, pages 9851 and 10596.
11048 ss. 34-37. LABOlTR. Apprenticeship Act. 15 GEO. V. No. n, Payment thereafter. 34. Every apprentice shall, on completing the full period of training prescribed by his indenture, and on passing the prescribed final examination, if any, be paid at the rate prescribed for journeymen by the industrial ~ ward for the trade or industry at which he is engaged. Roll. Roll of 35. The Director of Labour shall prepare a roll of apprentices. apprentices containing- (a) A complete record of all applications to become apprentices; (b) A record of all apprentices and probationers placed with employers; (c) A record of all employers with whom appren- tices and probationers 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. Powers of industrial inspectors. Inspection, Etc. 36. Subj ect to any conditions or restrictions provided in the Principal Act, every industrial inspector shall have the power to- (a) Enter any premises; (b) Make such inspection of the premises, plant, machinery, or work upon which any appren- tice is employed or could be employed; (c) Interview any apprentice or employee; (d) Examine any books or documents of the business relating to the wages and conditions of apprentices; (e) Interrogate the employer in regard to any of the abovementioned matters; (f) Generally do any act relating to matters comprised in this Act; in .the same manner as if all matters comprised in this Act were embodied in an award of the Court. Returns to 37. Employers shall, upon request, furnish the g~: ! itt. Group Committee concerned with a return, in the form ees. 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;
LABOUR. ss. 38-40. 11049 ]924. Apprent'iceship Act. - - - - - - - - - ~ ~ -- - - _ . - - - ~ - - - (c) Namber of apprentices employed in each section of the trade; (d) Names of apprentices; (e) Sections of trade to which apprentices are indentured; (f) Date of commencement of apprenticeship; (g) Date of expiration of apprenticeship. General. 38. Before any application made by any person to Examination the Court or to any Industrial Magistrate for a permit : :; l~~ ation to work at any trade or industry at a lesser rate of made to wages than that prescribed by any industrial award ~ ~ : r~ ~ an is granted, the Court or such Industrial Magistrate award rate.. shall, where practicable, require such person to undergo a practical test at the class of work for which the application is made, with a view to ascertaining the applicant's state of efficiency, the value of his services, and the additional period of training he requires in order to make him an efficient journeyman. Such examination shall be conducted by the Group Committee concerned or by examiners appointed by such Committee. . 39. The Chairman of the Executive or any Com- Evidenel~ on o:!h mittee under this Act may require any person (including ~ nd . a member) giving evidence before the Executive or any ~< J.e~f ance, Committee to give his evidence on oath or affirmation, witneSS'lB. and for such purpose may administer an oath or take an affirmation. 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 evidence 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. 40. (1.) Regulations for giving full effect to this Act Regulations. may be made from time to time by the Governor in Council, and subject as next aforesaid the provisions of section ninety-two of the Principal Act shall apply to all such regulations. (2.) By such regulations, forms may be prescribed to be used for any of the purposes of this Act.
11050 ss. 41, 42. - - ~ ' ~- - .- . - LABOUR. Apprenticeship Act. 15 GEO. V. No. 12, Amendment (3.) In subsection (lA) of section ninety-two of the of s. 92. Principal Act, paragraph (iv.) is repealed and paragraph ~ v.) is renumbered (iv.) accordingly; also, paragraph (vi.) IS repealed and the following paragraph is inserted in lieu thereof :- " (vi.) Providing for an appeal to the Minister by any employer, apprentice, 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 con- sideration 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 Court or to an Industrial Magistrate, in which case the Court or Industrial Magistrate, as the case may be, shall give a decision, and that decision shall be fina'! and without appeal." Breach of 41. (1.) Non-compliance by any person with the . Act and provisions of this Act or with the terms of any indenture proceedings. executed in accordance with this Act shall be an offence against this Act. (2.) Any person convicted of an offence against this Act shall, except where otherwise expressly provided, be liable to a penalty not exceeding twenty pounds. (3.) Proceedings in respect of offences against this Act shall, except where otherwise provided, be by com- plaint, and be heard and determined in a summary manner by the Com:t or on remission by an Industrial Magistrate. Ratification 42. (1.) All orders and notifications made and porfoceedings, published, all appointments made, all districts con- &c., under stituted, and all things done or purporting to be done A!prontice. under the Apprenticeship Regulations made on the ~ ~ ~ lations. twenty-eighth day of September, one thousand nine hllndred and twenty-three, and gazetted on the twenty- ninth day of September, one thousand nine hundred and twenty-three, under the Principal Act shall, as far as is consistent with this Act, be deemed to have been made, pubHshed, constituted, done, and originated under and fot' the purposes of this Act. (2.) All matters and proceerungs commenced under the said regulations and pending or in progress at the passing of this Act may be continued, completed, and enforced under this Act.
1924. LABOUR. Apprenticeship Act. 8ch, THE SCHEDULE Bread Baking and Pastry- cooking. Boot Trade- Clicking. Stuff cutting. Making. :Finishing. Clothing-continued. Head-wear and millinery, including straw hats. Dyeing, cleaning and repairing. Confectionery• Cooks- (As covered by the Hotel, Club, and Restaurants Building- Brieklaying. Carpentry and joinery. Painting. SignwritiIl.g. Plumbing. Stonemasons' work. Plastering. Award, the Boarding- house Employees Award, and the Rail- way Refreshment Rooms Award.) Coopering. Dental Mechanics. Electrical. Coach and Motor Body Building- Coach and motor painting. Coach and motor smith- ing. Coach and motor body building. Ooach a.nd motor trim- ming. Panel beating. Wood-machinist in coach and motor body build- ing. Clayvvorking.... Pottery. Modelling. Clothing- Order tailoring for males. Order tailoring for ladies. Ready-made clothing for males. Women's order dress- making. Ready-made tailoring and ready-made dress-mak- ing. Under-clothing and white- work of all descriptions except knitted goods. Collars, shirts, and py- jamas. L Engineering- Fitting and turning. Blacksmithing. Moulding. Boiler-making. Pattern-making. Copper-smithing. Motor mechanics' work. Furniture- Cabinet-making. French polishing and staining. Wickerwork. W ood- turning. Wood-machining. Venetian blind making. Bedding-making. Upholstering. Glass bevelling. Leather- Harness-making (includ- ing strapping). Riding saddle making. Buggy saddle making. Collar-making. Bag-making (including clicking). Trunk and case making. Fancy leather working and sporting goods making. Machine belt making. 11051
11052 SCh. LABOUR. Indu8trial Arbitration Act Amendment Act. 15 GEO. V. No. 25, 1924. THE SCHEDULE-continued. Musical Instrument Making- Piano and reed organ tuning and repairing. Pipe organ building and tuning. Polishing. Printing-continued. Bookbinding. Lithography. Process engraving. Sheet Metal Work. Printing- Composing. Letterpress machining. Watchmakers, Jewellers, and Opticians. 15 Geo. V. No. 25. THE INDUSTRIAL ARBITRA- A: :O:D! ~~T An Act to further Amend "The Industrial Arbitration Act of 1916" in certain particulars. [ASSENTED TO 30TH OCTOBER, 1924.] ACT OF 1924. BE it enacted by the King'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 1. (1.) This Act may be cited as "The Industrial and t t' ArbitrationAct Amendment Act of 1924," and shall be ~ ~ ~c~ c IOn r~ ad as one with *"TheIndustrialArbitrationAct of 1916" as amended by" The Industrial Arbitration Act Amend- ment Act of 1923" (herein collectively referred to as "the Principal Act"). The Principal Act and this Act may be cited together as "The Industrial Arbitration Acts, 1916 to 1924." ~ ~ ~ : fC: ~ t. day ( 02£ . )JTulhyi, s oAncet sthhaolul scaonmd enm ~ nt e ohop u e n dra r t e dion an0dn tthweenfitrys-t five. o AP f rmi s n . ecn 1 ipd 0 am o le f nt sectio 2 n . oTnhee offoslelocwtioinngte. anmoefntdhme ePnrtisnciaprael' Amcatd: e-in sub- Act. (i.) In paragraph (a), the words "forty-eight" where they twice occur are repealed and the words "forty- four" are inserted in lieu thereof. (ii.) In the first proviso to the said paragraph (a), after the word "namely" the words "railway gate- keepers in the employment of the Commissioner for Railways" are inserted. * 7 Geo. V. No. 16 and 14 Geo. V. No. 10, 8Upra, pages 7538 and 10587.
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