Apprenticeship Act of 1964 (Qld)

605 (0ueFnsllttit ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 56 of 1964 An Act to Consolidate and Amend the Law Relating to the Employment of Apprentices and Minors [ASSENTED TO 21ST DECEMBER, 1964] BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Apprenticeship Act of 1964." (2) Commencement of Act. Save as herein otherwise provided this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Queensland Government Industrial Gazette: Provided that the provisions of this Act, for the constitution of the Apprenticeship Executive, the Group Apprenticeship Committees, and the Apprenticeship Advisory Committees, and the authorizing of the making of regulations, shall come into operation on the passing of this Act. (3) Act binds Crown . This Act binds the Crown and any Crown corporation or instrumentality or corporation or instrumentality representing the Crown and accordingly extends and applies to apprentices, probationers and improvers employed by the Crown or by any such corporation or instrumentality.

606 Apprenticeship Act of 1964, No. 56 2. (1) Repeal of Acts. Subject to this Act, " The Apprentices and Minors Acts, 1929 to 1959," are hereby repealed. Such Acts are in this Act referred to as the repealed Acts. (2) Savings . (a) All orders and notifications made and published, and all things done or purporting to be done under the repealed Acts shall, as far as is consistent with this Act, be deemed to have been made, published, done and originated under and for the purposes of this Act. (b) All matters and proceedings commenced under the repealed Acts or regulations and pending or in progress at the passing of this Act may be continued, completed and enforced under this Act. (c) Subject to this Act, all regulations made under and pursuant to the provisions of the repealed Acts and in force at the passing of this Act, are hereby approved, ratified and confirmed and shall be and continue in force until superseded or amended by other regulations made under this Act. (d) All provisions of the repealed Acts and all regulations made under and pursuant to the provisions of the repealed Acts and in force at the passing of this Act so far as they extend and apply to minors other than apprentices shall be and continue in force until superseded by awards, orders or industrial agreements made pursuant to " The Industrial Conciliation and Arbitration Acts, 1961 to 1963." (e) Subject to this Act, all provisions of the repealed Acts and regulations, insofar as they fix the percentage proportion of the journeymen's wages as rates of pay for apprentices shall be and continue in force until amended, varied or superseded by orders of the Industrial Conciliation and Arbitration Commission. (f) Every Apprenticeship Advisory Committee appointed under the repealed Acts is abolished on and from the date of the commencement of this Act and the chairman and other members of every such committee shall go out of office accordingly. (3) Subsection (2) of this section applies without prejudice to °' The Acts Interpretation Acts, 1954 to 1962." 3. Meaning of 'terms . (1) In this Act. unless the context otherwise indicates or requires, the following terms shall have the meanings respectively set against them, that is to say:- " Advisory Committee "-An Apprenticeship Advisory Committee constituted under this Act; " Apprentice "-Any person bound by agreement for the purpose of being instructed in the knowledge and practice of any calling, and any person employed on probation by an employer who has applied under this Act to employ such person as an apprentice; " Calling"-Any calling or trade to which this Act applies; " Chairman "-The chairman of the Executive: The term includes any person appointed as prescribed to act temporarily in the office of the chairman. With reference to an Advisory Committee, the term means the person appointed to be its chairman;

Apprenticeship Act of 1964, No. 56 607 " Employer "-Any person carrying on a calling to which this Act applies in which probationers, apprentices and improvers are usually employed, notwithstanding that for the time being, he does not employ any probationer, apprentice or improver; " Group Committee "-A Group Apprenticeship Committee constituted under this Act: The term includes any Group Apprenticeship Committee continued in existence by this Act; " Guardian "-A parent or guardian of an apprentice and (in any case where an apprentice has no parent or guardian resident in Queensland and capable of acting ) any person approved by the Executive in lieu of a parent or guardian; " 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; " Industrial inspector "-An industrial inspector under and within the meaning of " The Industrial Conciliation and Arbitration Acts, 1961 to 1963 "; " Industrial union "-A body or association of persons registered as an industrial union under " The Industrial Conciliation and Arbitration Acts, 1961 to 1963 "; " Minister "-The Minister for Labour and Industry or other Minister of the Crown for the time being charged with the administration of this Act; " Minor "-Any person under the age of twenty-one years. With respect to any calling the term does not include a person under the age of twenty-one years who has completed, in compliance in every respect with the requirements of this Act or of the repealed Acts, an apprenticeship in such calling; " Probationer "-A person employed on probation by an employer who has applied as prescribed to employ such person as an apprentice; " Schedule "-Schedule to this Act; " The Executive "-The Apprenticeship Executive continued in existence by and constituted under this Act; " Trade "-Any trade or calling to which this Act applies. (2) Where " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," assign a meaning to any term used in this Act to which a meaning is not assigned by subsection (1) of this section then, where used in this Act, that term shall have the meaning assigned to it by " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," unless the context of this Act otherwise indicates or requires. 4. Application of Act. (1) This Act applies to the callings which are specified in column 2 of the Schedule. (2) In the case of any industry specified in column 1 of the Schedule, this Act does not apply to any calling in that industry which is not specified in column 2 to the Schedule opposite and relative to that industry. (3) In the case of any industry not specified in column 1 of the Schedule, this Act does not apply to any calling in such industry.

608 Apprenticeship Act of 1964, No. 56 (4) The Governor in Council by Order in Council may from time to time amend the Schedule by- (a) omitting from column I any industry and from column 2 any callings specified in relation to the industry so omitted; (b) inserting in or adding to column 1 any industry and to column 2 any callings in such industry; (c) in respect of any industry specified in column 1 , omitting from or inserting in or adding to column 2 any callings, and the Schedule as so amended shall become and be for the time being the Schedule to this Act and shall have force and effect accordingly. 5. Apprenticeship Executive . (1) The Apprenticeship Executive as constituted under the repealed Acts is hereby preserved, continued in existence, constituted under this Act and shall be and remain the Apprenticeship Executive for all purposes of this Act. (2) The persons holding office respectively as the chairman and other members of the Executive immediately prior to the commencement of this Act shall, without any further appointment, election or authority other than this subsection, but subject to this Act, continue to hold (in terms of their appointments or elections thereto respectively) their offices respectively as the chairman and members of the Executive and every such election or appointment is hereby validated accordingly. (3) (a) The Executive shall consist of a chairman and seven other members. (b) The chairman shall be appointed and hold office under, subject to, and in accordance with " The Public Service Acts, 1922 to 1963." (c) The members other than the chairman, subject in the case of the elective members to election, as prescribed, shall be appointed by the Governor in Council by notification published in the Queensland Government Industrial Gazette. (d) The members other than chairman shall comprise- (i) the person who holds for the time being the office of Director of Technical Education; (ii) three persons representative of industrial unions of employers who shall be elected as prescribed by the representatives on the Group Committees of those industrial unions; and (iii) three persons representative of industrial unions of employees who shall be elected as prescribed by the representatives on Group Committees of those industrial unions. (4) A member, other than the chairman, of the Executive shall not be a member of any Group Committee. If a member of a Group Committee is elected for appointment to the Executive, such election shall vacate his office as a member of the Group Committee concerned. 6. Tenure of office . (1) If for any reason whatsoever the chairman is unable to act as such, the Minister may in writing appoint a person to act temporarily in the office of chairman. Such an appointment may be made generally or in respect of a particular occasion but, if made generally shall not be made or continued for a period longer than twelve months.

Apprenticeship Act of 1964, No. 56 609 (2) Subject to this Act every member, other than the chairman, of the Executive shall- (a) hold office for a term of three years; (b) be eligible for reappointment; and (c) in the event that his successor in office is not sooner appointed, continue in office after the expiration of such term of three years until, but not including, the date when his successor is appointed. (3) The office of a member of the Executive, other than the chairman, shall- (i) commence on the date of his appointment thereto; and (ii) become vacant if such member- (a) dies or becomes mentally sick; (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) is absent without leave granted by the Executive from three consecutive ordinary meetings of the Executive of which due notice has been given to him; (d) resigns his office by writing under his hand delivered to the Minister (which resignation shall be complete and shall take effect from the time when it is received by the Minister); (e) is convicted upon indictment of an indictable offence; or (f) is removed from office by the Governor in Council by notification published in the Queensland Government Industrial Gazette on the grounds of mental or physical incapacity to perform his duties or because of any conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Executive: Provided that the attendance of any such member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the names of all members who so attend. 7. Casual vacancies . When a vacancy arises in the office of a member of the Executive other than the chairman by death, resignation or otherwise howsoever, the Governor in Council may, by notification published in the Queensland Government Industrial Gazette, appoint a person having the like qualification or being representative of the like interest as his predecessor, as a member. Every such appointee shall hold office during the balance of his predecessor's term of office and, in the event of an appointment to that office for a further term not being sooner made, thereafter until, but not including, the date when such further appointment is made. Where such an appointment is to be representative of thi, like interest as the predecessor, the appointee shall be a person elected in the same manner as the predecessor. 2.0

610 Apprenticeship Act of 1964, No. 56 8. Regulations with respect to the Executive . The power to make regulations under this Act includes power to make regulations prescribing, providing for, regulating and controlling- (a) the election for appointment to the Executive of the representative members thereof; (b) the appointment and, in the case of representative members, the election for appointment of deputies for members, other than the chairman, of the Executive; (c) the power and authority of a deputy to act in the stead of the member whose deputy he is; (d) the appointment by the Governor in Council without election of any representative member or deputy in the event of failure of the election for any reason whatsoever or in the event the elected representative or deputy fails to act as a member or, as the case may be, deputy. 9. (1) Proceedings at Executive meetings . The chairman and three other members of the Executive shall constitute a quorum at any meeting of the Executive, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Executive and shall have and may exercise all the powers, authorities and functions, and may perform all the duties, of the Executive. (2) The chairman shall preside at all meetings of the Executive, and shall have a deliberative vote and, when there is an equal division of votes upon any question, shall have a second or casting vote, (3) In this section a reference to the chairman includes a person appointed to act temporarily in the office of chairman when duly acting in the stead of the chairman, and a reference to a member other than the chairman includes a deputy for a member when duly acting in the stead of such member. (4) No act or proceeding of the Executive shall be invalid or illegal in consequence only of the number of the members of the Executive not being complete at the time of such act or proceeding. All acts and proceedings of the Executive shall, notwithstanding any defect in the appointment or election of any member or deputy for a member or that any member or deputy for a member was disqualified or disentitled to act, be as valid as if such member or deputy for a member had been duly appointed or elected and was qualified and entitled to act and had acted as a member or as a deputy for a member of the Executive and as if the Executive had been properly and fully constituted. 10. Secretary . A secretary, to the Executive shall be appointed and he shall by virtue of his appointment also be secretary to every Group Committee. The secretary shall be appointed and hold office under, subject to and in accordance with " The Public Service Acts, 1922 to 1963." The secretary in office at the date of the commencement of this Act shall, without further or other appointment, continue in office in terms of his appointment.

Apprenticeship Act of 1964, No. 56 611 11. Duties and authorities of Executive . The duties and authorities of the Executive shall include the following:- (a) to advise the Minister as to the callings in any industry to which this Act should be applied; (b) to advise the Minister as to the grouping of the trades and callings; (c) to advise on such other matters as may from time to time be referred to the Executive by the Minister; (d) to advise the Minister on any matter involving or bearing upon any general principle of apprenticeship; (e) to collaborate with the Group Committees or Advisory Committees on any matters relating to apprentices; (f) to make determinations and orders on any matters relating to apprentices and apprenticeship as authorized by this Act; (g) to carry out any other functions prescribed by this Act to be carried out by the Executive. 12. Group Apprenticeship Committees . (1) (a) Every Group Apprenticeship Committee as constituted under the repealed Acts is hereby preserved, continued in existence, constituted under this Act and shall be and remain for all purposes of this Act the Group Apprenticeship Committee for the calling or group of callings for which it was constituted. (b) Additionally to the Group Apprenticeship Committees referred to in paragraph (a) of this subsection, a Group Apprenticeship Committee may, for the purposes of this Act, be constituted for any calling or group of callings. (2) (a) The chairman of the Executive shall be and continue to be the chairman of every Group Committee. (h) The members, other than the chairman, of every Group Committee referred to in paragraph (a) of subsection (1) of this section holding office immediately prior to the commencement of this Act shall, without any further appointment, election or authority other than this subsection, but subject to this Act continue to hold (in terms of their appointments thereto) their offices as members of the Group Committee in question. Subject to the foregoing provisions of this paragraph, the members of every such Group Committee shall be appointed and elected as prescribed. (3) (a) A Group Committee shall consist of a chairman and such number of other members as the Minister shall determine each of whom, subject to nomination as prescribed, shall be appointed by the Governor in Council by notification published in the Queensland Government Industrial Gazette. The Minister shall determine such number so that industrial unions of employers and industrial unions of employees in the calling or group of callings for which the Group Committee is constituted shall be equally represented respectively. In determining in respect of any Group Committee such number, the Minister shall have regard to any recommendation of the Executive.

612 Apprenticeship Act of 1964, No. 56 (b) The members other than the chairman shall comprise- (i) the number, according to the determination of the Minister, of members representative of industrial unions of employers in the calling or group of callings for which the Group Committee in question is constituted who shall be nominated as prescribed by those industrial unions; and (ii) the number, according to the determination of the Minister, of members representative of industrial unions of employees in the calling or group of callings for which the Group Committee in question is constituted, who shall be nominated as prescribed by those industrial unions. Every member, other than the chairman, of a Group Committee shall have an expert knowledge of and shall have been actually employed or engaged in the calling, or a calling comprised in the group of callings for which the Group Committee is constituted. (4) Subject to this Act every member, other than the chairman, of a Group Committee shall- (a) hold office for a term of three years; (b) be eligible for reappointment; and (c) in the event that his successor in office is not sooner appointed, continue in office after the expiration of such term of three years until, but not including, the date when his successor is appointed. (5) The provisions of subsection (3) of section six and of section seven of this Act apply, with and subject to all necessary adaptations, to the office of a member, other than the chairman, of a Group Committee. (6) Regulations respecting Group Committees . The power to make regulations under this Act includes power to make regulations prescribing, providing for, regulating and controlling- (a) the nomination for appointment to a Group Committee of the members, other than the chairman, thereof; (b) the nomination for appointment, and the appointment, of deputies for members other than the chairman of a Group Committee; (c) the power and authority of a deputy to act in the stead of a member; (d) the appointment by the Governor in Council without nomination of any representative member or deputy in the event of failure of nomination or in the event the nominated representative or deputy fails to act as a member or, as the case may be, deputy. (7) The chairman and two other members shall constitute a quorum at any meeting of a Group Committee, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Group Committee, and shall have and may exercise all the powers, authorities and functions of the Group Committee. (8) The chairman shall preside at all meetings of the Group Committee and shall have a deliberative vote and when there is an equal division of votes on any question, shall have a second or casting vote.

Apprenticeship Act of 1964, No. 56 613 (9) The provisions of subsection (4) of section nine of this Act shall, with and subject to all necessary adaptations, apply to a Group Committee. 13. Duties and authorities of Group Committee . (1) In respect of the calling or, in the case of a Group Committee constituted for a group of callings, any calling included in such group of callings, the duties and authorities of a Group Committee shall include the following:- (a) to receive, from the secretary of the Executive, names of applicants for apprenticeship; (b) to supervise the allotment of apprentices; (c) to submit recommendations to the Minister as to the matters to be taught to apprentices; (d) to submit recommendations to the Minister in regard to examinations , if any, which shall be passed by apprentices during their period of training; (e) to advise the Minister concerning the educational facilities which should be provided for the purpose of apprenticeship training; (f) to submit recommendations to the Minister as to the supervision and facilities provided by employers, so that apprentices may gain proficiency in their trades; (g) to advise the Minister on any matter relating to apprentices, apprenticeship or training; (h) to collaborate with the Executive or any other Group Committee or Committees on any matter relating to apprenticeship; (i) to make determinations and orders on any matters relating to apprentices and apprenticeship as authorized by this Act. (2) The Group Committee may for the purpose of determining the term of an apprenticeship, take into consideration the time spent and the experience gained by the person concerned in the calling prior to such apprenticeship. 14. Executive and Group Committees may delegate powers . (I) The Executive may delegate to the chairman or any sub-committee of the Executive or to the Group Committee concerned such of its powers, functions, authorities and duties under this Act (other than this power of delegation) as it thinks fit. (2) A Group Committee may delegate to the chairman or any sub-committee of that Group Committee such of its functions, powers, authorities and duties under this Act (other than this power of delegation and other than a function, power, authority or duty had by it as a delegate of the Executive) as it thinks fit. The chairman shall be ex officio a member and the chairman of any and every sub-committee of a Group Committee. (3) Subject to this Act- (a) the chairman or any sub-committee of the Executive or any Group Committee shall, and may as fully and effectively as the Executive, exercise or perform any function, power, authority or duty of the Executive delegated to him or it by the Executive; and

614 Apprenticeship Act of 1964, No. 56 (b) the chairman or any sub-committee of a Group Committee shall, and may as fully and effectively as that Group Committee, exercise and perform any function, power, authority or duty of that Group Committee delegated to him or it by that Group Committee, and in addition to exercising and performing functions, powers, authorities and duties delegated as aforesaid the chairman, any sub-committee of the Executive, any Group Committee, and any sub-committee of any Group Committee shall respectively have, exercise and perform all such other functions, powers, authorities and duties as may be prescribed. (4) The Executive or any Group Committee may revoke at will any delegation made by it and no such delegation shall prevent the exercise by the Executive or, as the case may be, a Group Committee of any function, power, authority or duty. 15. Power of Executive of disallowance . Notwithstanding anything in this Act contained, the Executive may disallow any resolution of and may annul any act, matter, or thing made, done or 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 taken by the Executive. 16. Apprenticeship Advisory Committees . (1) The Minister may appoint for any locality determined by the Minister an Apprenticeship Advisory Committee. Any such Committee may be appointed at any time after the passing of this Act. (2) (a) A Committee shall consist of a chairman, the ex officio member, and four other members. The chairman shall be appointed by and hold office at the pleasure of the Minister. (b) The members, other than the chairman and the ex officio member shall comprise- (i) two members representative of industrial unions of employers appointed as prescribed by those industrial unions; and (ii) two members representative of industrial unions of employees appointed as prescribed by those industrial unions. (c) The Principal for the time being of the Technical College in the locality for which an Advisory Committee is appointed shall be a member ex officio of such Committee. The ex officio member may attend all meetings of a Committee, and may speak on all business before the meeting, but shall not have a vote on any resolution. (3) Subject to this Act , every member , other than the chairman and the ex officio member, shall- (a) hold office for a period of three years;

Apprenticeship Act of 1964, No. 56 615 (b) be eligible for reappointment; and (c) in the event that his successor in office is not sooner appointed, continue in office after the expiration of such term of three years until, but not including, the date when his successor is appointed. (4) The provisions of subsection (3) of section six and of section seven of this Act apply, with and subject to all necessary adaptations, to the office of a member, other than the chairman and the ex officio member, of an Advisory Committee. (5) Regulations respecting Advisory Committees. The power to make regulations under this Act includes power to make regulations prescribing, providing for, regulating and controlling- (a) the nomination for appointment to an Advisory Committee of the representative members thereof; (b) in the case of representative members, the nomination for appointment and appointment of deputies; (c) the power and authority of a deputy to act in the stead of a representative member; (d) the appointment by the Minister of any representative member or deputy in the event of failure of nomination for any reason whatsoever, or in the event the representative member or deputy fails to act as a member or, as the case may be, deputy; (e) the quorum and business and procedure at meetings of an Advisory Committee. 17. Special attendance at meeting of Apprenticeship Advisory Committee . (1) The chairman of an Apprenticeship Advisory Committee may, with the prior approval of the chairman of the Executive, request an industrial union of employers or an industrial union of employees in any calling which is not represented on such Advisory Committee to appoint a representative for the purpose set out in subsection (2) of this section, and such union may appoint such representative. (2) A representative appointed pursuant to subsection (1) of this section may attend any meeting of the Advisory Committee in question during any time during which the business actually before the Advisory Committee concerns the calling he represents and in all matters appertaining to such business he may take part in the discussions of the Advisory Committee but he shall not vote on any resolution thereof, (3) In respect of attendance of a representative appointed pursuant to this section at a meeting of the Advisory Committee in question which he is authorized by this section to attend, section nineteen of this Act shall apply as if he were a member of such Advisory Committee. 18. (1) Protection of members of Committees . An employer shall not refuse employment to any person or dismiss any employee from his employment, or injure him in his employment, or alter his position to his prejudice by reason of the fact that the employee is a member of the Executive, or of any Group Committee or of any Advisory Committee, or by reason 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.

616 Apprenticeship Act of 1964, No. 56 (2) Offence . Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a penalty not exceeding one hundred pounds for each person so refused employment or for each employee so dismissed or injured in his employment or whose position is so altered to his prejudice. (3) In any proceeding for an offence against this section, if all the facts and circumstances constituting the offence, other than the reason for the defendant's action, are proved it shall lie upon the defendant to prove that he was not actuated by the reason alleged in the complaint. (4) Proceedings in respect of offences against the provisions of this section shall be commenced before and shall be heard and determined by an industrial magistrate in the exercise of his summary jurisdiction. (5) Where an employer has been convicted of an offence against this section, the industrial magistrate may order that the employee be reimbursed any wages lost by him and may also direct that the employee be reinstated in his former position or in a similar position. 19. Payment for attendance at meetings . The members, other than the chairman, of the Executive and of any Group Committee and of any Advisory Committee shall be entitled to receive in respect of their attendance at any duly convened meeting of the Executive or Committee such sum as may be prescribed. 20. Minister may delegate powers. Any of the powers conferred by this Act on the Minister may be delegated by him to the chairman of the Executive. 21. Employment of minors . (1) A person shall not employ or engage in any calling any minor who is not in respect of such calling an apprentice of such person, or probationer or improver employed by such person. (2) A minor shall not engage himself in any calling on his own behalf. (3) A minor shall not engage himself in employment in any calling with any person unless he is in respect of such calling an apprentice of such person, or a probationer or improver employed by such person. (4) A person shall not employ or engage in any calling a minor who is in respect of such calling an apprentice of such person, or a probationer or improver employed by such person, contrary in any respect to the requirements of this Act. (5) A minor who is in respect of any calling an apprentice of any person, or probationer or improver employed by such person shall not engage himself in employment in such calling with such person contrary in any respect to the requirements of this Act. (6) The Minister may, upon the recommendation of the Executive, exempt any person from complying with any provision of this Act which, except for such exemption, would be binding upon such person.

Apprenticeship Act of 1964, No. 56 617 22. Registration and employment of apprentices . (1) Any -person desirous of becoming an apprentice shall notify the secretary of the Executive, in the form prescribed, who shall keep a register of such persons: Provided that any person desirous of becoming an apprentice, who resides outside the Petty Sessions District of Brisbane, shall notify the secretary of the Apprenticeship Advisory Committee nearest to the locality in which he resides and such secretary 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 register. (2) Any employer desirous of employing a person as an apprentice shall make application to the secretary of the Executive or to the secretary of an Apprenticeship Advisory Committee in the form prescribed for the allotment to him of such person as an apprentice. A person shall not employ as an apprentice a person whose name is not so registered. (3) Probationers . Every person allotted to an employer as an apprentice shall be employed on probation by the employer who applied to employ him as an apprentice for a period of three months, or such longer period not exceeding six months as the Group Committee concerned may allow, and shall work only for such hours per day as may be prescribed for the calling in which he is employed, and shall receive such remuneration as is prescribed. In the event of his being indentured to the employer as an apprentice, such probationary period shall be included in and counted as part of the period of his apprenticeship. The service of an apprentice on probation may be terminated by the giving of one week's notice to the probationer by the employer, or to the employer by the probationer, or in lieu thereof one week's wages shall be paid or forfeited, except where the termination is caused through the probationer's disobedience or dishonesty. 23. Minimum standard of education . (1) The minimum standard of education for entry into an apprenticeship in any calling for the time being specified in column 2 of the Schedule shall be the standard of education indicated by the letter set out opposite and relative to such calling in column 3 of the Schedule or, in the case of education obtained elsewhere than in Queensland, such education as in the opinion of the Group Committee is of a standard equivalent to that so indicated. (2) For the purposes of this section the following letters indicate the standards of education set against them respectively:- A.-A pass in English, Science and one Mathematics Subject in the Junior Public Examination. B.-A pass in English, Science and one Mathematics Subject in the Special (Modified) Secondary School Course; or completion of Grade IX of the Queensland Secondary School Course. C.-Completion of Grade VIII of the Queensland Secondary School Course. (3) The power of the Governor in Council by Order in Council to amend the Schedule includes power to amend column 3 thereof by- (a) indicating therein the minimum standard of education for any calling which is added thereto; (b) substituting therein for the minimum standard of education for any calling indicated therein some other minimum standard of education.

618 Apprenticeship Act of 1964, No. 56 (4) A minimum standard of education indicated or substituted in or by an Order in Council amending column 3 of the Schedule may be one of such standards as set out in subsection (2) of this section or, in the stead of any of those standards, may be a standard specified by the Governor in Council in the Order in Council in question. In the event of specifying such a standard in the Order in Council such standard shall be indicated in column 3 of the Schedule by a letter. The Governor in Council shall specify such letter in the Order in Council and such letter and the standard it indicates shall be deemed to be added to the list of letters and the standards which they respectively indicate appearing at the beginning of the said Schedule. (5) Column 3 of the Schedule as amended pursuant to this section shall become and be for the time being column 3 to the Schedule, and shall have force and effect accordingly. (6) The Minister may exempt any applicant for apprenticeship from the requirements of this section where, in the opinion of the Minister, special circumstances justify the exemption. 24. Minimum age. The minimum age for entry into an apprenticeship in any calling shall be fifteen years. 25. Indenture of apprenticeship provisions . (1) At the end of the period of probation, if it is mutually agreed by the parties, one of whom shall be in the case of a minor his guardian, but not otherwise, the probationer shall become an apprentice under indenture. (2) Every such indenture shall be in triplicate in the form prescribed, and the three copies shall be signed by the employer, the guardian, if any, of the apprentice, the apprentice and the chairman of the relevant Group Committee, or if there is no Group Committee for the calling in question, by the chairman of the Executive. Such three copies of the indenture duly signed shall be lodged by the employer with the secretary of the Executive or the secretary of an Advisory Committee, within a period of two months after the termination of the probationary period. One copy of the form of indenture shall be held by the employer, one copy shall be held by the guardian of the apprentice or, if there is no guardian, by the apprentice, and one copy shall be held by the chairman of the Executive. (3) If a person has been applied for as an apprentice by an employer and duly allotted to such employer by the secretary of the Executive or secretary of an Advisory Committee and such person has been employed by the employer for a period of two months longer than the probationary period, or (if the probationary period has been extended) the extended probationary period then, notwithstanding that an indenture has not been entered into and signed as prescribed, such person shall be deemed to be and to have been an apprentice under indenture to such employer in the calling in question on and from the date he commenced in the employment of the employer on probation. (4) An employer who continues to employ any person after the expiration of the period or, if extended, extended period of employment of such person on probation by him shall be guilty of an offence against

Apprenticeship Act of 1964, No. 56 619 this Act unless in respect of such continued employment, an indenture of apprenticeship has been made and signed as prescribed by this section within two months after the expiration of the period or extended period of employment on probation. 26. (1) Transfer of indenture . The Group Committee concerned, or if there is no Group Committee for the calling in question, the chairman of the Executive, shall have the 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 application by the employer, the apprentice, or the guardian of the apprentice for good cause shown. An instrument evidencing every such transfer shall be drawn up and signed by the new employer in quadruplicate in the form prescribed, and unless the Minister otherwise directs, shall be signed by the late employer or his assigns, and shall also be signed by the guardian, if any, of the apprentice, the apprentice and the chairman of the Executive. The four copies of such instrument duly signed shall be lodged with the secretary of the Executive by the n,-w employer, within a period of two months of the date of commencement of the employment of the apprentice with the new employer. One copy of the instrument evidencing the transfer of indenture shall be held by the late employer, one copy shall be held by the new employer, one copy shall be held by the guardian of the apprentice, or if there is no guardian, by the apprentice, and one copy shall be held by the chairman of the Executive. (2) Termination of transfer . Within one month after an apprentice on transfer commences employment with the new employer, the new employer may terminate the service of the apprentice with him by giving one week's notice to the apprentice and to the Group Committee concerned , or if there is no Group Committee for the calling in question, the chairman of the Executive. Upon such termination the apprentice shall revert to the employment of the late employer or to such other employer as the Group Committee concerned or, if there is no Group Committee for the calling in question, the chairman of the Executive may determine, but the liability of the late employer to the apprentice shall remain in force until the apprentice is transferred to another employer or the indenture is cancelled , whichever the case may be. (3) Transfer deemed to have been made . Notwithstanding that the instrument evidencing the transfer of the indenture has not been entered into and signed as prescribed within two months of the date of commencement of the employment of the apprentice with the new employer, unless the new employer has terminated the service with him of the apprentice as prescribed by subsection (2) of this section, the transfer of the indenture shall be deemed to be and to have been made on and from the date on which the transfer of the apprentice's employment was made from the late employer to the new employer, as fully and as effectively as though the instrument evidencing the transfer had been duly entered into and signed within the time specified. (4) Offences . An employer who employs any apprentice who is or was apprenticed to another employer shall be guilty of an offence against this Act unless the Group Committee concerned or, if there is no Group

620 Apprenticeship Act of 1964, No. 56 Committee for the calling in question, the chairman of the Executive has transferred such apprentice to him and the instrument evidencing such transfer prescribed by this section has been entered into, signed and lodged with the Executive as prescribed by this section. Where the Court is satisfied that an instrument evidencing a transfer of apprenticeship duly entered into and signed was lodged with an Advisory Committee within the time within which it was required by this section to be lodged with the Executive, such lodgment shall be deemed to have been made with the secretary of the Executive. (5) Existing indentures . All indentures entered into prior to and subsisting at the commencement of this Act shall, subject to this Act, continue to have effect as if they had been entered into under and in accordance with this Act. (6) No premium . An employer who demands, accepts, or agrees to accept any consideration, premium, gift, forbearance, or allowance in connection with the employment or indenturing by him of any probationer or apprentice in any calling shall be guilty of an offence against this Act. Upon conviction of any person for a breach of this subsection the Court shall, in addition to any other penalty, order the offender to repay any such consideration, premium, gift, forbearance or allowance so accepted by him. Notwithstanding anything in any other Act contained, a prosecution for an offence against this subsection may be instituted within one year after the offence is committed or within six months after the discovery of the offence by a welfare officer or an industrial inspector, whichever is the later period. 27. Notice of termination or transfer of indenture . On the termination of an apprenticeship from whatever cause, or on the transfer of an apprentice from one employer to another, the late employer of the apprentice shall supply to the secretary of the Executive, within thirty days of the termination or transfer, a certificate in the prescribed form stating the time the apprentice has served, full particulars of the branch or branches of the calling in which he has received instruction, and the proficiency attained. The Court 'shall not convict the late employer of an offence against this section if it is satisfied that the certificate required by this section was given to an Advisory Committee within the time within which it was required by this section to be given to the Executive. 28. Executive may cancel indenture for special circumstances. Notwithstanding any other provisions of this Act, the Executive, after consultation with the Group Committee for the calling concerned. may cancel the indenture of any apprentice, if in the opinion of the Executive, there are special circumstances which render such cancellation desirable. 29. Unions and groups of employers may ta k e apprentices. (1) An apprentice may, for the purposes of this Act, be indentured to an industrial union whose members are engaged in any calling and arrangements may be made by such union for the employment of every such apprentice in the calling in question.

Apprenticeship Act of 1964, No. 56 621 Such industrial union shall sign , or cause to be signed on its behalf, the indenture of apprenticeship and shall also appoint a person (such appointee being an officer of the union), to be for the purposes of this Act, the employer of the apprentice. The person so appointed shall be named in the indenture as the employer of the apprentice and shall sign the indenture and be bound by and liable under the provisions of this Act accordingly. An officer of an industrial union may be appointed under this subsection by reference to his office and in such case every holder for the time being of the office shall be deemed to be the appointee. (2) Where a group of two or more employers engaged in a calling satisfy the Group Committee for such calling, or if there is no relevant Group Committee, the Executive, that such employers have the collective facilities to adequately train apprentices in such calling, such group of employers may, subject to this Act, be permitted to indenture any person as an apprentice. The Group Committee, or as the case may be, the Executive shall, determine the individual and joint liabilities of the members of the group with respect to any apprentice. Each member of the group shall be notified in writing by the secretary of the Group Committee or the secretary of the Executive, as the case may be, of the determination so made, and shall comply with such determination. 30. Period of indenture . Every indenture of apprenticeship shall be for the period prescribed for an apprenticeship in the calling in question, but such period shall not exceed four years. 31. Provisions to be inserted in indenture . (1) Every indenture of apprenticeship shall contain, in addition to such other provisions and conditions as may be prescribed- (a) the names and addresses of the parties to the indenture; (b) the date of birth of the apprentice; (c) a description of the calling to which the apprentice is thereby bound; (d) the date at which the apprenticeship is to commence and the period of apprenticeship; (e) a condition requiring the apprentice to obey all reasonable directions of the employer; (f) the general conditions of apprenticeship; (g) a provision that the indenture may be cancelled, subject to the approval of the chairman of the Executive, by mutual consent, by the employer and the guardian of the apprentice, or if there is no guardian, by the employer and the apprentice giving one month's notice in writing to the chairman of the Executive that such apprenticeship shall be terminated; (h) a provision that the Group Committee or, if there is no Group Committee for the calling in question, the chairman of the Executive may authorize the employer to discharge the apprentice from his service if it is proved that the apprentice failed to comply with the terms of his apprenticeship. 32. (1) Extent to which indenture is binding . An apprentice who is a party to an indenture under this Act shall be bound thereby throughout its currency, notwithstanding that the apprentice may have attained the age of twenty-one years.

622 Apprenticeship Act of 1964, No. 56 A 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. (2) Death of partner not to determine apprenticeship . Where a person is apprenticed to partners his indenture of apprenticeship shall not be determined by the dissolution of the partnership or by the death or retirement from the partnership of any partner. In the case of the death or retirement of any partner the indenture shall be deemed to be assigned to the surviving or continuing partner or partners. If upon the dissolution of a partnership the partners fail to agree upon the one of them to whom the indenture shall be assigned, the chairman of the Executive shall decide the matter ai.3 his decision shall, subject to appeal as prescribed, be final and binding on all persons concerned. 33. Duty of employer. (1) The employer of every apprentice shall teach such apprentice or cause him to be taught the calling in which he is an apprentice, by the best means in his power, and shall provide facilities for the practical training of the apprentice in such calling and shall give such apprentice every opportunity to learn the same and to receive during the period of his apprenticeship such technical, trade and other instruction as is prescribed. (2) Duty of apprentice . Every apprentice shall, during the period of his apprenticeship faithfully serve his employer for the purpose of being taught the calling in which he is an apprentice, and shall conscientiously and regularly accept such technical, trade and other instruction as is prescribed, in addition to the teaching that may be provided by his employer. 34. Surrender of cancelled indentures . Upon the cancellation of an indenture in accordance with this Act the employer and the guardian of the apprentice, or, if there is no guardian, the apprentice shall within fourteen days thereafter surrender their respective copies of the indenture to the secretary of the Executive. The Court shall not convict an employer, guardian or apprentice of an offence against this section if it is satisfied that the copy of the indenture required by this section to be surrendered to the secretary of the Executive was surrendered to an Advisory Committee within the time within which it was required by this section to be surrendered to the secretary of the Executive. 35. Suspension of apprentice . (1) If at any time during the term of his apprenticeship an apprentice- (a) is considered by his employer to be wilfully disobedient to the lawful orders of his employer, his employer's manager, foreman or other employee having authority over the apprentice; (b) is considered by his employer to be dishonest or to grossly misbehave himself; or (c) absents himself from his employer's service without the consent of the employer, it shall be lawful for the employer to suspend the apprentice from his service.

Apprenticeship Act of 1964, No. 56 623 (2) The employer shall on the day on which he suspends any apprentice notify the chairman of the Executive by telephone or by telegram of the suspension and forward to the chairman of the Executive in writing full details of the reason for the suspension. Failure to do so shall nullify the suspension. The employer shall comply with the provisions of this subsection if he notifies in the manner aforesaid the chairman of the Advisory Committee nearest to the place whereat the apprentice was employed at the time in question: In such case the chairman of such Advisory Committee shall cause to be forwarded to the chairman of the Executive, full details of the reason for the suspension. (3) The chairman of the Executive, upon receipt of the employer's notification or the report from the chairman of the Advisory Committee, may make an interim decision upholding the suspension for such period as he considers reasonable, with loss of wages for such period, or refusing to uphold the suspension. Such interim decision shall be binding on the employer and the apprentice unless varied by the Group Committee for the trade concerned. The chairman of the Executive shall cause full details of the reason for suspension to be placed before the next following meeting of the Group Committee concerned and such Committee shall decide the matter and may by its decision confirm, vary or disallow such interim decision. The decision of the Group Committee shall, subject to appeal as prescribed, be final and binding on the employer, the apprentice and all other persons concerned: Provided that, if there is no Group Committee for the calling in question, the decision of the chairman of the Executive shall, subject to appeal as prescribed, be final. 36. Attendance at college or school . (1) Every apprentice shall attend and his employer shall permit such apprentice to attend a Government technical college or school for one full working day in each week during each of the first and second years and one full working day in each fortnight during the third year, of the course of instruction prescribed by the Minister on the recommendation of the Group Committee for the calling in question, and in respect of such attendance the employer shall pay the apprentice wages: Provided that in lieu of attendance as aforesaid, in respect of the first year of the course of instruction, any employer may permit an apprentice to attend continuously and an apprentice so permitted shall so attend a Government technical college or school for a period of five consecutive ordinary working weeks in one term and for one ordinary working week in each of the succeeding terms and in respect of such attendance the employer shall pay to the apprentice wages: Provided further that an apprentice who fails to pass his annual examination and is required to repeat the course of instruction for any year shall do so in his own time by attending evening classes at a Government technical college or school. For the purposes of the first proviso to this subsection an apprentice who, pursuant to that proviso, makes five weeks continuous attendance in the second or third term of the first year of instruction in any calendar year may complete the further continuous attendance required by that proviso in the first or, as the case requires, first and second terms of the first year of instruction in the next following calendar year.

624 Apprenticeship Act of 1964, No. 56 (2) Every apprentice indentured for a period of four years shall, during the third year of the course of instruction for the calling to which he is apprenticed attend a Government technical college or school for a maximum of four hours each week outside his ordinary working week, if prescribed. (3) (a) Wages payable by an employer to an apprentice under subsection (1) of this section shall be paid by the employer at the rate which would have been payable to the apprentice if he had performed an ordinary day's work on the day or, as the case may be, each day of the period in question. (b) In respect of any day or period on or during which an apprentice is absent on leave with pay from his employment, subsection (1) of this section applies so as not to require the employer to make any further payment by way of wages to the apprentice. (c) The first proviso to subsection (1) of this section applies so as not to enable an employer by the exercise of the permission referred to therein to require an apprentice to make the attendance or any part of the attendance specified therein during any absence of the apprentice from his employment on holiday leave with pay. (4) Where, in respect of the course of instruction for any year for the calling to which he is apprenticed, it is , in the opinion of the chairman of the Executive, not practicable for an apprentice to attend in person a Government technical college or school in compliance with the requirements of subsections (1) or (2) of this section , the said chairman may require such apprentice to undertake such course of instruction by correspondence, and such apprentice shall undertake such course of instruction by correspondence, and his employer shall permit him to absent himself from work, and shall pay him wages at the rate payable to him for ordinary working time, for one half day in each week during working hours for the purpose of enabling him to undertake such course of instruction by correspondence: Provided that should an apprentice fail to return correspondence papers according to the Technical Correspondence School time table, or should it be proved to the satisfaction of the Group Committee for the calling in question, that he has not devoted his full half day per week to the undertaking of the course, such Group Committee may deprive him of his entitlement to such time off work and he shall have no further entitlement thereto unless and until such Group Committee restores it: Provided further that an apprentice who fails to pass his annual examination and is required to repeat a course of instruction for any year shall do so in his own time and shall not be entitled to any time off work with pay for this purpose. (5) Every apprentice who is required to carry out the course of instruction for any year by correspondence shall attend , and his employer shall permit him to attend and during such attendance shall pay him wages at the rate payable to him for ordinary working time , practical classes for a period of two consecutive working weeks in the year of his apprenticeship to which the course of instruction relates , at the nearest Government technical college or school which has the necessary facilities to train him and can provide such training. (6) If an apprentice, who is required to attend classes at a Government technical college or school, is to be sent to country work by his employer and will therefore be unable to attend such classes,

Apprenticeship Act of 1964, No. 56 625 his employer shall promptly notify the Principal of the Government technical college or school at which he is attending, of the date of the proposed departure of the apprentice or probationer, his future address, and the probable duration of his absence. Where in any case it is shown to the satisfaction of the Group Committee for the calling in question that an apprentice, by reason of his engagement on country work, cannot conveniently attend a Government technical college or school or other prescribed classes, the Group Committee may (subject, however to such conditions as the Committee imposes ) direct that such of the provisions of this section as relate to attendance at a Government technical college or school or other prescribed classes and to examination shall not apply to such apprentice. (7) An employer who in any way, either directly or indirectly- (a) interferes with or obstructs an apprentice in such a manner as to prevent him from attendance at a Government technical college or school or other prescribed classes on any occasion on which he is bound to attend as provided by this Act; or (b) alters the position of an apprentice to his prejudice or places him under any disadvantage whatsoever in consequence of his attending or attempting to attend as so provided, or so as to discourage him from so attending, shall be guilty of an offence against this Act. (8) An apprentice who- (a) fails to attend at a Government technical college or school or other prescribed class on any occasion on which he is bound to attend as prescribed by this Act; (b) fails to be diligent or behaves in an indecorous manner while in such college or school or class; or (c) in the case of an apprentice to whom subsection (4) of this section applies, fails to devote the full half day per week referred to in that subsection as thereby prescribed, or fails to return correspondence papers according to the Technical Correspondence School time table, shall be guilty of an offence, and the Executive, or the Advisory Committee appointed for the locality in which the offence is committed, may impose upon him a penalty not exceeding two pounds. For the purposes of this subsection an apprentice shall be deemed to have failed to attend a Government technical college or school or other prescribed class on any occasion on which he has not attended punctually at the time appointed for the commencement of his attendance on that occasion or on which he has, without the prior permission of his teacher, left such technical school or college or class before the time appointed for the completion of his attendance on that occasion. (9) The Director-General of Education may allow an apprentice who has passed the final examination for the course of instruction for the calling to which he is apprenticed, to attend, in his own time, a higher course at a technical college covering two years. Such tuition shall be free of charge. (10) No fees. No fees shall be charged for any instruction whether upon attendance or by correspondence, which is compulsory as hereinbefore in this section prescribed.

626 Apprenticeship Act of 1964, No. 56 (11) Courses of instruction . The courses of instruction stating the subjects to be studied and the times allotted for apprentices' attendance at college therefor, shall be published in the Queensland Government Industrial Gazette. (12) Supervisory classes. In addition to prescribed classes an apprentice may attend in his own time such supervisory classes as may be available at technical colleges or schools. Supervisory classes shall mean those classes where the Education Department makes supervisors available for the purpose of assisting apprentices in the study of their correspondence papers. No fees shall be charged for such instruction or assistance. (13) Term reports . Term reports as to attendance, conduct and progress at a Government technical college or school or at other prescribed classes shall be supplied periodically to employers and the Group Committees by the principal of such college or, as the case requires, the head teacher concerned within twenty-one days of the close of each term. 37. Examinations . (1) Subject to this Act, every apprentice to a calling for which a course of instruction is prescribed shall submit himself and his employer shall permit such apprentice to submit himself to any examination required by the Group Committee at the places and times specified by the Minister. Every such examination shall, where possible, include theory and practice as applied to the calling to which the apprentice is indentured. (2) An apprentice who fails twice to pass the examination for the first year of the course of instruction for the calling to which he is apprenticed, or an apprentice who fails to pass the examinations for the first and second years of the course of instruction for the calling to which he is apprenticed before the expiration of the first three years of his apprenticeship, shall have his indenture cancelled unless he shows cause why it should not be so cancelled. The Executive may cancel the indenture of any apprentice upon whom two penalties have been inflicted in accordance with subsection (8) of section thirty-six of this Act for non-attendance at a Government technical college or school or other prescribed classes, or for failure to return correspondence papers should he, after the infliction of the second such penalty, fail to regularly attend the prescribed classes or, as the case may be, to regularly return such papers. (3) The Executive shall each year issue a certificate in the prescribed form to each apprentice indicating the result of his annual examination. A duplicate of such certificate shall be sent by the Executive to the employer and to the secretary of the union of employees. 38. Penalty for failure to attend school or college . (1) If, in respect of any term of the year of any course of instruction or in respect of any other period determined by the Group Committee concerned, an apprentice fails to discharge his obligations under section thirty-six of this Act to the extent of eighty per centum at least, then subject to subsection (2) of this section that Group Committee may, in writing, direct the employer to reduce the weekly wage of that apprentice by an amount not exceeding three pounds and for such period not exceeding twelve months as that Committee determines and specifies in the direction.

Apprenticeship Act of 1964, No. 56 627 Any direction under this subsection shall be effective and binding upon the employer as from the date next succeeding the day of the service thereof upon him. (2) The weekly wage of an apprentice shall not under subsection (1) of this section be directed to be reduced in respect of any failure by him as specified in that subsection which is certified by a 'medical practitioner to be due to illness or injury. (3) Within seven days of the expiration of the period for which an employer is required under this section to reduce the weekly wage of an apprentice, the employer shall remit to the secretary of the Executive or, at the direction of the chairman of the Executive to the secretary of an Advisory Committee, the total amount of wages withheld from the apprentice in accordance with the direction. (4) If, in respect of the next succeeding term or other period determined by the Group Committee concerned, the apprentice discharges his obligation under section thirty-six of this Act to the extent of eighty per centum, at least, the Group Committee shall order that the amount withheld from the apprentice's wages under the direction issued under subsection (1) of this section be refunded to him. Any such amount to which the apprentice concerned does not become entitled to a refund as prescribed by this subsection shall become and be the property of the Executive. (5) Any employer who fails to comply in any respect with the provisions of subsection (3) of this section shall be guilty of an offence under this Act and upon conviction, in addition to any penalty, the Court shall order him to pay to the Executive any and every amount which the Court finds is due to be paid to the Executive pursuant to subsection (3) of this section and is unpaid. 39. Penalty for failure to pass examination . (1) If an apprentice fails to pass the examination required by the Group Committee for the course of instruction for any year of the apprenticeship the Group Committee concerned may, in writing, direct the employer to reduce the weekly wage of that apprentice by an amount not exceeding three pounds and for such period not exceeding twelve months as that Committee determines and specifies in the direction. Any direction under this subsection shall be effective and binding upon the employer as from the date next succeeding the date of the service thereof upon him. (2) The weekly wages of an apprentice shall not under subsection (1) of this section be directed to be reduced in respect of any failure by him to sit for any such examination which is certified by a medical practitioner to be due to illness or injury. (3) Within seven days of the expiration of the period for which an employer is required under this section to reduce the weekly wage of an apprentice, the employer shall remit to the secretary of the Executive or, at the direction of the chairman of the Executive to the secretary of an Advisory Committee the total amount of wages withheld from the apprentice in accordance with the direction. (4) If the apprentice again sits for the examination on the next following date on which it is held and passes, the Group Committee shall refund to the apprentice the amount of wages withheld as a result

628 Apprenticeship Act of 1964, No. 56 of the direction. If the apprentice again fails to pass the examination, the amount of wages withheld from the apprentice as a result of the direction shall become and be the property of the Executive. (5) Any employer who fails to comply in any respect with the provisions of subsection (3) of this section shall be guilty of an offence under this Act and upon conviction, in addition to any penalty the Court shall order him to pay to the Executive any and every amount which the Court finds is to be paid to the Executive pursuant to subsection (3) of this section and is unpaid. 40. Moneys paid to Executive under ss , 38 or 39. All moneys received by the Executive pursuant to the provisions of sections thirty-eight or thirty-nine of this Act shall be paid forthwith to the credit of an account in the name of the Executive, and at such bank as the Minister may direct and so much thereof as becomes the property of the Executive may, subject to approval of the Minister, be expended and applied by the Executive for the provision of prizes in connection with the examinations prescribed for apprentices, and any expenses incidental thereto, or such other matters as may be approved by the Minister on the recommendation of the Executive. 41. Proficiency payments to apprentices. If an apprentice produces to his employer a certificate signed by the chairman of the Executive, that he has gained an average of seventy-five per centum or over at the examination for the course of instruction for any year prescribed for his calling, his employer shall pay him, as from the date of such certificate and for service rendered to the employer during the period of twelve months commencing on and including the date of the certificate, 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 in the calling: Provided that- (a) not more than one such increase shall be given in respect of any one and the same period of twelve months; (b) an apprentice who is not enrolled in the prescribed course of instruction in his calling before he commences his second year's experience in such calling shall not be eligible to receive such additional wages; (c) an apprentice who has failed to pass the examination for the course of training for any year prescribed for his calling shall not be eligible to qualify for such additional wages by passing such examination at a later date; and (d) in calculating the period of twelve months for which such an increase shall be given, the time of any absence from his employment on account of sickness, in respect of which sickness a medical certificate or other evidence of sickness to the satisfaction of the employer has been produced and for which time the apprentice is not paid by the employer, shall not be taken into account. 42. Percentage proportions of wages to be fixed by the Industrial Commission . (1) The Industrial Conciliation and Arbitration Commission under and within the meaning of " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," (in this section called the " Industrial Commission ") shall have power and jurisdiction to, and shall on the application of any industrial union interested, fix by order the percentage

Apprenticeship Act of 1964 , No. 56 629 proportions of a tradesman's minimum wages for ordinary time worked in any calling as the wages payable to an apprentice in such calling, according to the year of apprenticeship, for ordinary time worked by him. (2) An industrial union may in an application made by it under this section in respect of a calling in which it is interested include all or any other callings notwithstanding that it is not interested in any of them. (3) On an application under this section the Industrial Commission may direct- (a) that any calling or callings included in the application be excluded therefrom; or (b) that any calling or callings not included in the application be included therein, and may in respect of such direction or directions give such further directions as it deems fit. (4) An order made by the Industrial Commission under this section upon an application which, subject to any direction given by the Industrial Commission under subsection (3) of this section, includes two or more callings shall fix the same percentage proportions in respect of each of those callings. (5) During the continuance in force of an order made under this section, the percentage proportions of a tradesman's minimum wages for ordinary time worked in any calling thereby fixed as the wages payable to an apprentice for ordinary time worked by him in such calling according to the year of apprenticeship shall, subject to the provisions other than this section of this Act, be the minimum wages payable by his employer to every apprentice for ordinary time worked in such calling in respect of the year in question of the apprenticeship. (6) Until such time as the Industrial Commission first makes an order under this section in respect of any calling, the minimum wages for ordinary time worked payable by his employer to an apprentice under an apprenticeship the period whereof commenced on or after the date of the coming into operation of this.Act shall be- (a) in respect of the first year of such an apprenticeship the period whereof is four years-thirty-two per centum of a tradesman's minimum wages for ordinary time worked in the calling in question; (b) subject to paragraph (a) of this subsection, the wages for ordinary time worked which immediately prior to the date of the coming into operation of this Act were payable to an apprentice, in respect of the corresponding year of the apprenticeship, under an apprenticeship in the calling in question entered into under the repealed Acts. 43. Order as to employment . Where the Minister is satisfied that any employer or group of employers in any calling has not in his or their employment the number or aggregate of apprentices in proportion to tradesmen employed in such calling equal to the proportion allowed or required by this Act, the Minister may direct the Executive to make such order or orders as the Executive may deem necessary to ensure that such employer or all or any employers included in such group of employers shall employ a specified number of apprentices and the Executive may make such order or orders.

630 Apprenticeship Act of 1964, No. 56 44. Employer ' s entitlement to apprentice . Every employer, provided that he has in his employment a tradesman or is himself a tradesman in the calling in question, shall be entitled to employ at least one apprentice, unless on the determination of the Group Committee for such calling , he has not the plant or facilities available to teach the apprentice such calling. 45. Where employer cannot provide work . (1) In the event of an employer being unable to provide work for an apprentice he may agree with the chairman of the Executive and the guardian of the apprentice, or if there is no guardian, with the chairman of the Executive and the apprentice, to arrange a transfer or cancel the indenture. In the event of any disagreement between the employer and the guardian or between the employer and the apprentice where there is no guardian, application may be made to the Group Committee concerned to arrange a transfer or to have the indenture cancelled. Pending the decision of the Group Committee, the apprentice shall remain in the employment of the employer. (2) In any case where an employer is temporarily unable to provide work to fully employ an apprentice during ordinary working time, such employer may apply in writing. to the secretary of the Executive for permission to employ the apprentice for less than his full working time per week or per month at a remuneration proportionate to the time worked, and the Executive, after investigation, shall refer the application to the Minister for determination. Pending the decision of the Minister, the employer shall continue to employ the apprentice and shall pay him his full wages according to his year of apprenticeship. 46. Annual holidays . (1) An apprentice or improver in any calling shall have the entitlement to an annual holiday had by a tradesman in such calling under " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," and, in respect of any such annual holiday, shall be entitled to payment at the rate of the wages payable to him for ordinary time worked when he commences the annual leave or, if he is then being paid for ordinary time worked in excess of such rate, at the rate at which he is then being paid. (2) Every employer shall grant an apprentice or improver employed by him annual holidays and shall pay him therefor as prescribed by subsection (1) of this section. 47. Sickness . (1) Subject to this section an employer shall pay any apprentice or improver employed by such employer in respect of time lost by reason of his absence from work through illness. (2) An apprentice or improver shall be entitled to two weeks' sick leave for each completed year of his employment with an employer. In respect of any completed period of employment of less than one year with an employer, an apprentice or improver shall be entitled to two days' sick leave for each two months of that period but that apprentice or improver shall not, by virtue of this paragraph, become entitled to more than two weeks' sick leave during the first completed year of his employment with such employer. (3) An apprentice or improver absent from work through illness on the production of a certificate from a duly qualified medical practitioner specifying the nature of the illness and the period or approximate period during which the apprentice or improver will be -unable to work, or of

Apprenticeship Act of 1964, No. 56 631 other evidence of illness to the satisfaction of his employer shall, subject as provided in this subsection, be entitled to payment in full for time he is absent from work: Provided that it shall not be necessary for an apprentice or improver to produce such certificate if his absence from work on account of illness does not exceed two days. An apprentice or improver shall not be entitled to receive and an employer shall not be bound to make payment for more than seven weeks' absence from work through illness in any one year of employment. 48. Instruction time to count in period of apprenticeship . Where an apprentice attends a technical college or school or other prescribed class or classes of instruction during his ordinary working hours, the time so occupied shall count as part of the period of the apprenticeship. 49. Workers' compensation . Any place at which an apprentice, or improver attends to receive instruction in accordance with the requirements of this Act shall be deemed to be a place of his employment for the purposes of " The Workers' Compensation Acts, 1960 to 1962," and the provisions of those Acts shall apply accordingly. 50. Lost time . Whenever an apprentice is absent from his work due to sickness, accident or leave for which permission has been obtained in any year of the apprenticeship and in the same year works time in excess of his ordinary hours of work, then any provision of his indenture of apprenticeship requiring that such year of apprenticeship shall be extended to cover the aforesaid absence shall be modified so that if the time worked by him in excess of his ordinary hours of work- (a) is equal to or greater than the time he was so absent from work, that year of his apprenticeship shall not be extended; (b) is less than the time he was so absent from work, the time by which that year of his apprenticeship would, but for this section, be extended, shall be reduced by the time so worked by him in excess of his ordinary hours of work. 51. Final examination . Every apprentice who passes the final examination of the course of instruction prescribed for the calling in which he is apprenticed shall be provided with a certificate by the chairman of the Executive to that effect. 52. Allowances . (1) Subject to any regulation- (a) where an industrial award, order or agreement provides for the payment of an allowance to a tradesman in a calling in addition to his wages and does not provide that such allowance shall be or be deemed to form part of his wages, an apprentice in such calling shall be paid such allowance in full by his employer; (b) where an industrial award, order or agreement provides for the payment of an allowance to a tradesman in a calling in addition to his wages and provides that such allowance shall be or deemed to be part of his wages, an apprentice in such calling shall be paid by his employer a proportion of that allowance bearing thereto the same percentage proportion as his wages bear to the wages of such tradesman (devoid in each case of any allowances); (c) where an industrial award, order or agreement provides for the payment of an allowance to a tradesman in a calling which is to be assessed at a stated proportion of his wages, whether

632 Apprenticeship Act of 1964, No. 56 or not such award or agreement provides that such allowance shall be or be deemed to be part of his wages, an apprentice in such calling shall be paid by his employer a proportion of that allowance bearing thereto the same proportion as his wages bear to the wages of such tradesman (devoid in each case of any allowance). (2) Regulations . The power to make regulations under this Act shall include power to make regulations whether, in the particular case, consistent or inconsistent with the provisions of subsection (1) of this section specifying the allowance (whether in money or in kind) which an apprentice in the calling and in the circumstances dealt with by such regulations shall be paid. Any such regulation which is inconsistent with a provision of subsection (1) of this section shall, in the particular case and circumstances therein dealt with, apply in lieu of such provision. (3) In this section the term " allowance " includes any additional or extra payment required by an industrial award, order or agreement to be paid to a tradesman in addition to his wages for work performed by whatever name such additional or extra payment may be called. 53. Records of apprenticeships . The secretary of the Executive shall keep a record containing the following information:- (a) the name of every apprentice or improver, his calling, the name of his employer, and, in the case of an apprentice, the commencement date of his apprenticeship; (b) in the case of an apprentice, particulars of his course of training showing attendance during each college or school term for each subject and details of the examination results obtained by the apprentice; (c) a list (to be kept separately from the record prescribed by paragraphs (a) and (b) of this section) of all employers with whom apprentices are placed; and (d) such other particulars as the Minister may direct. 54. Power of sub-committees . For the purpose of the operation of this Act, a sub-committee of the Executive, or of a Group Committee, or of an Advisory Committee, comprising the chairman and not less than two other members of the Executive or of the Group Committee or Advisory Committee in question, as the case may be, may enter at all reasonable times any premises or place where apprentices, improvers, or tradesmen are employed in any calling for the purpose of inspecting facilities for training apprentices. 55. Powers of industrial inspectors . (1) Every industrial inspector may- (a) enter any premises; (b) inspect and examine the premises, and all or any plant, machinery and work therein upon which an apprentice or improver is employed or could be employed; (c) interview any apprentice or improver within or out of the hearing of the employer, manager, foreman or other person whomsoever; (d) examine any books or documents of the business relating to the wages and conditions of apprentices and improvers;

Apprenticeship Act of 1964, No. 56 633 (e) interrogate the employer in regard to any of the abovementioned matters; (f) institute proceedings under this Act for a penalty; (g) institute proceedings under this Act for the recovery of any wages or other payments which under this Act are due and payable and unpaid to an apprentice or improver; (h) institute proceedings under this Act for the recovery of fines imposed on apprentices by the Executive and by Advisory Committees in accordance with this Act: Provided that the power conferred herein on an industrial inspector to institute proceedings aforesaid shall not limit the power conferred by this or any other Acts upon any other person to institute such proceedings. (2) It shall be the duty of such industrial inspectors to see that the provisions of this Act and regulations hereunder are duly observed. Any such industrial inspector shall report to the Chief Industrial Inspector under and within the meaning of " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," all breaches of this Act or of the regulations thereunder which have come to his knowledge, and the said Chief Industrial Inspector shall transmit details of the report to the chairman of the Executive. 56. Welfare officers . (1) Welfare officers may be appointed for the purposes of this Act. Every such appointee shall be appointed and shall hold office under, subject to and in accordance with the provisions of " The Public Service Acts, 1922 to 1963." Welfare officers shall have the power to- (a) enter any premises; (b) inspect and examine the premises and all or any plant, machinery and work therein upon which an apprentice or improver is employed or could be employed; (c) interview any apprentice or improver within or out of the hearing of the employer, manager, foreman or other person whomsoever; (d) examine any books or documents of the business relating to the wages and conditions of apprentices and improvers; (e) interrogate the employer in regard to any of the abovementioned matters; (f) see that the provisions of this Act and regulations made thereunder are duly observed. (2) A welfare officer shall forthwith report to the chairman of the Executive all breaches of this Act or of any regulation made thereunder which come to his knowledge. 57. Assaulting officers , &c. A person shall not assault, resist, obstruct or attempt so to do or use any threat or any abusive or insulting language to- (a) an industrial inspector; (b) a welfare officer appointed under this Act; or (c) any member of any sub-committee authorized under section fifty-four of this Act to enter any premises where apprentices, improvers or tradesmen are employed, in the exercise of his powers or in the discharge of his duties.

634 Apprenticeship Act of 1964, No. 56 58. Record to be kept by employer . Every employer shall keep and have available for inspection by the chairman or secretary of the Executive or of the Group Committee for the calling in question or of an Advisory Committee, or by an industrial inspector or welfare officer, a complete record of all apprentices and improvers who are for the time being, or who were at any time during the period of twelve months immediately preceding the date of any inspection, in his employment, showing in respect of any and every apprentice or improver his designation, rate of wages, and times of starting and ceasing work each day. 59. Record to be kept by apprentice . Every apprentice shall keep and have available in the form prescribed, a record of the work performed by him during his period of employment as an apprentice. Entries therein, detailing the type of work performed, shall be made by the apprentice at least weekly and the employer shall immediately thereafter make a notation therein indicating as to the correctness or otherwise of the apprentice's entries. An apprentice, upon demand made in that behalf, shall produce such record for inspection during working hours by the chairman or secretary of the Executive or of the Group Committee for the calling in question or of an Advisory Committee, or by an industrial inspector or by a welfare officer. 60. Copy of regulation . The employer shall keep affixed in some conspicuous place at or near the entrance to any factory, workroom, shop or other premises, in which any apprentice is employed, in such a position as to be easily read by the apprentices therein, a copy printed in legible Roman characters of any regulation which applies to the employment of such apprentice. 61. Returns to committees . An employer shall, upon the request in writing of the secretary of the Executive, or of the Group Committee for the calling in question or of an Advisory Committee furnish to such body within the time specified in the request, a return in the form prescribed, giving the following information:- (a) name of the employer; (b) number of tradesmen employed at date of such return in the calling to which the request relates; (c) number of apprentices and improvers employed in such calling; (d) names of tradesmen, apprentices and improvers so employed; (e) date of commencement of apprenticeship of each apprentice; (f) anticipated date of completion of the apprenticeship of each apprentice. 62. Improvers ' licenses . Improvers' licenses may be issued by the Group Committee for a calling, or if there is no such Group Committee, by the chairman of the Executive, to any person who has had previous employment in the calling, to enable such person to become a tradesman in the calling. The Group Committee or, if there is no Group Committee for the calling in question, the chairman of the Executive, shall determine the wages to be paid to a person to whom such a license is issued during the currency of the license, and any other conditions it or he deems necessary.

Apprenticeship Act of 1964, No. 56 635 Such determination and other conditions, if any, shall be set out in the license. The employer shall employ the improver in compliance in every respect with the conditions of the license. 63. Attendance of witnesses before committees . The chairman of the Executive or of any Group Committee or Advisory Committee may, by notice in writing given to him, require any person who is a party to an indenture to appear before the Executive or, as the case may be, such committee for the purpose of the investigation and the determination of any matter relating to the apprenticeship. Any person so required to appear before the Executive or any such committee may be required to answer any questions and to produce any documents and writings in his possession as may be deemed by the Executive or committee relevant to the investigation. Any person so required who fails to attend as required or who fails or refuses to answer any question or to produce any document or writing which he is required to produce shall be guilty of an offence against this Act and liable to a penalty not exceeding twenty pounds. 64. Service . (1) Any notice, direction, order, document or writing required or authorized by this Act to be given or served upon any person may, unless some other mode of giving or serving the same is 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 sending 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; or (d) by sending the same by post in a certified mail 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 sent by post in a prepaid registered post letter or by certified mail, such notice, order, direction, document or writing shall, unless the contrary is proved, be deemed to have been given to or served upon the person to whom it is addressed at the time at which the letter would be delivered in the ordinary course of post. 65. Divulging information . The chairman or secretary of the Executive or of a Group Committee or of an Advisory Committee or an industrial inspector or a welfare officer or any other officer while he holds that office and thereafter, who except for the purposes of this Act and in the exercise of his functions under this Act, or except with the prior permission of the Minister, or except where so ordered by a court for the purpose of the hearing or determination or trial of any proceeding or action before that court, discloses to any person any information which in the exercise of his functions he acquires with respect to any apprenticeship matter shall be guilty of an offence and liable to a penalty not exceeding one hundred pounds. 66. Defacing, &c., documents . A person shall not without lawful authority or excuse, destroy, deface, alter, take or otherwise interfere with any indenture form or any transfer of indenture form or any other document or form provided for under this Act.

636 Apprenticeship Act of 1964, No. 56 67. Offences. (1) Any person who- (a) either directly or indirectly or under any pretence or device employs or attempts to employ or authorizes or permits to be employed an apprentice or improver at a lower rate of pay (including increased rate for proficiency, if any) than the rate of pay to which he is entitled under or pursuant to this Act; or (b) employs or attempts to employ or authorizes or permits to be employed any apprentice in excess of the number which under or pursuant to this Act he is entitled to employ; or (c) fails to answer or refuses to answer any question put to him in pursuance of this Act by an industrial inspector or a welfare officer or other officer authorized to put such question, or gives any false or misleading answer to any such question; or (d) prevents or directly or indirectly attempts to prevent any person from appearing before and being questioned by an industrial inspector or a welfare officer or any other officer authorized by this Act to require such person to appear before him and be questioned; or (e) fails to produce any books or documents or records which by this Act he is required to produce for examination by an industrial inspector or a welfare officer or any other officer; or (f) fails to comply with the lawful requirements or any part of the lawful requirements of an industrial inspector or a welfare officer or any other officer authorized by this Act to make such requirement, shall be guilty of an offence against this Act: Provided that no person shall be required under any provision of this subsection to answer any question or give any information tending to incriminate himself. (2) Any person who contravenes or fails to comply with any provision of this Act or of any order or determination of the Executive or of the Group Committee, or with the terms of any indenture executed in accordance with this Act shall be guilty of an offence against this Act: Provided that any apprentice shall not be liable to be dealt with or punished for any offence against section thirty-six of this Act except as prescribed by subsection (8) of that section. (3) Any person convicted of an offence against this Act shall, except where otherwise expressly provided, be liable to a penalty of not less than five pounds or more than two hundred pounds. 68. Proceedings for offences . (1) Proceedings in respect of offences against this Act shall be heard and determined in a summary manner by an industrial magistrate. (2) Subject to subsection (1) of this section, any offence against this Act may be prosecuted in a summary manner under " The Justices Acts, 1886 to 1964," and all of the provisions of those Acts shall apply and extend accordingly save that the court of summary jurisdiction shall be constituted by the industrial magistrate sitting alone.

Apprenticeship Act of 1964, No. 56 637 (3) Where in any proceedings under this Act within the jurisdiction of an industrial magistrate the parties to the proceedings agree that such proceedings shall be heard and determined at any place so agreed upon other than the place which but for the provisions of this paragraph would have been the place of hearing, then notwithstanding anything contained in this Act or " The Justices Acts, 1886 to 1964," or any other Act or law or rule or process of law, such proceedings shall be heard and determined at the place agreed upon and the industrial magistrate at such place shall have full power and Jurisdiction to so hear and determine accordingly. Moreover if any such proceedings have been instituted at the place which but for the provisions of this paragraph would have been the place of hearing and the parties to the hearing agree that such proceedings should be heard and determined at another place as so agreed upon, the industrial magistrate shall thereupon order that such proceedings shall be heard and determined at such other place agreed upon and grant the necessary adjournment accordingly and cause any necessary documents to be transmitted to the industrial magistrate at the agreed place of hearing, and such industrial magistrate shall have full power and jurisdiction to hear and determine the proceedings accordingly. Any such agreement as aforesaid shall be in writing signed by each party to the proceedings or his representative. 69. Recovery of wages. (1) Upon application to an industrial magistrate by- (a) an apprentice or improver; or (b) the guardian of an apprentice or improver, within six months (or such longer period than six months but not longer than twelve months as the industrial magistrate may allow) after any moneys payable under this Act shall have become payable to that apprentice or improver including money payable in respect of- (i) work done by him; or (ii) any holiday, leave by way of annual leave or sick leave; or (iii) any other moneys payable, the industrial magistrate shall order the person liable under this Act for payment of that money to pay to the apprentice or improver thereunto entitled any unpaid amount earned or which became due within the aforementioned six months, or if an extension of that period shall be allowed as aforesaid, the extended period. Such order shall be made notwithstanding any lesser payment or any express or implied agreement to the contrary. Such industrial magistrate shall order such payment to be made on any terms he thinks just, and may award costs to either party and assess the amount of such costs. (2) Upon the conviction of an employer for an offence which involves the non-payment to any apprentice or improver of any money earned by him or payable to him in respect of work done by him, or any holiday or leave by way of annual leave or sick leave, or otherwise payable, the industrial magistrate shall, in addition to any penalty imposed on the defendant, order the payment by him of all moneys earned or payable which have become due within the six months (or such extended period longer than six months but not longer than twelve months as the magistrate may allow) next preceding the date upon which the prosecution was instituted.

638 Apprenticeship Act of 1964, No. 56 70. Supply of tools. If any employer fails to provide his apprentice with any tools of trade required by this Act to be provided by the employer a prosecution may be taken against such employer for an offence against this Act, or an application may be made to an industrial magistrate for recovery of the value of tools of trade not provided. Such prosecution may be taken by- (a) an industrial inspector; or (b) the apprentice for whom the tools were not provided; or (c) the guardian of the apprentice for whom the tools were not provided, and such application may be made by- (a) the apprentice for whom the tools were not provided; or (b) the guardian of the apprentice for whom the tools were not provided, at any time during the period when the apprentice is employed by the employer as an apprentice and within a period of six months thereafter. An industrial magistrate shall order the employer to provide the tools of trade which have not been provided or order the employer to pay to the chairman of the Executive the value of the tools of trade which have not been provided, and in the latter case, the chairman shall upon receipt of the payment arrange that the apprentice be supplied with tools of trade to that value. 71. Appeals. An appeal from the decision of an industrial magistrate may be made to the Industrial Court. A party may be represented by counsel or solicitor in proceedings upon the appeal before the Industrial Court with the consent of all parties thereto or by leave of the Industrial Court. 72. Moneys may be paid to clerk of petty sessions . In every case where an apprentice or improver has ceased to be in the employment of an employer without having been paid the full amount due to him in respect of such employment, and the employer has been unable during a period of thirty days after the termination of employment to make payment because the whereabouts of such apprentice or improver are unknown to him and cannot with reasonable diligence be found, such employer shall forthwith after the expiration of such period pay the full amount as aforesaid to the nearest clerk of petty sessions to the credit of such apprentice or improver; and the said clerk of petty sessions shall deal with such money in the same manner in which moneys held by him in trust for litigants are prescribed to be dealt with. The receipt of a clerk of petty sessions to any employer for money so paid by him shall be a good discharge to the employer to the amount mentioned in such receipt. 73. Industrial inspector or welfare officer may collect arrears of wages , &c. Upon demand made by an industrial inspector or welfare officer an employer shall pay to such industrial inspector or welfare officer to the credit of the apprentice or improver concerned any amount due and unpaid to any apprentice or improver or any money earned by such apprentice or improver (or, if due and unpaid in respect of any leave by way of annual holidays or sick leave which became due) within the period of six months next preceding the date of such demand. An industrial inspector or welfare officer shall, forthwith upon the payment to him of any moneys under this section give to the person making the payment a receipt therefor.

Apprenticeship Act of 1964, No. 56 639 The receipt of an industrial inspector or welfare officer for money paid to him under this section shall be a good discharge to the employer to the amount mentioned in the receipt. An industrial inspector or welfare officer may, pursuant to this section, demand payment from an employer for any amount due and unpaid to an apprentice or improver, whether or not the apprentice or improver has left the employment of the employer concerned but in the case of an apprentice or improver who has left the employment of an employer, the provisions of section seventy-two do not apply with respect to any amount paid to an industrial inspector or welfare officer under this section. 74. Non -appearance of counsel . (1) On the hearing or determination of any proceedings under this Act, any party may, subject to subsection (2) of this section be represented by his agent duly appointed in writing in that behalf. (2) Save as provided in section seventy-one of this Act, unless all parties consent thereto no party shall be represented by counsel or solicitor. 75. Appeals to Minister . If an employer, apprentice, improver or guardian is dissatisfied with any decision made under this Act of the Executive, the chairman of the Executive, a Group Committee or an Advisory Committee, such employer, apprentice, improver or guardian may appeal against such decision to the Minister and the Minister shall make a decision thereon or refer the matter of such appeal to an industrial magistrate who shall give a decision and that decision shall be final and binding and without appeal. 76. This Act not affected by other Act. Nothing in any other Act or enactment or in any award under and within the meaning of " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," 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. 77. Apprentice need not be member of industrial union of employees. No apprentice shall be compelled to become a member of any industrial union of employees. 78. Regulations . (1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, 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. Without in any wise limiting the generality of the foregoing provisions of this subsection, regulations may be made:- (a) prescribing forms to be used for any of the purposes of this Act; (b) prescribing the maximum number of apprentices who may be employed by any employer in a calling proportionately to the number of tradesmen employed in that calling by such employer: Provided that the Group Committee for a calling may vary such prescribed maximum number in the case of any particular employer:

640 Apprenticeship Act of 1964, No. 56 (c) providing for any matters or things which by this Act may be prescribed; (d) providing for, regulating and controlling the working of overtime by apprentices in any calling and the rates of payment for overtime worked by apprentices in any calling, which rates may vary according to the year of apprenticeship; (e) prescribing the tools of trade to be provided by the employer for an apprentice in any calling which prescription may be made by reference to the aggregate value of tools of trade to be provided for any year of the apprenticeship; (f) prescribing a penalty of not less than five pounds or more than one hundred pounds for any contravention of a regulation; (g) prescribing such other matters and things relating to apprentices or improvers as may be deemed necessary or desirable. (2) Regulations may be made under this Act at any time after the passing thereof. (3) A regulation may be made to apply to or have operation throughout the whole or any part of the State, may be of general or specially limited application according to time, place, or circumstance, and may be general or restricted to any specified class or subject-matter or to any specified calling or group of callings. A regulation may vary according to different callings. 79. Publication of Proclamations , Orders in Council and regulations. (1) Every Proclamation, Order in Council and regulation made under this Act shall- (i) be published in the Queensland Government Industrial Gazette; (ii) upon its publication in the Queensland Government Industrial Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii) take effect from the date of such publication unless, in the case of any regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and (iv) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before it disallowing the same or part thereof, that Proclamation, Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council or regulation. 80. Inaccurate descriptions , &c. No misnomer, inaccurate description, or omission in or from any Proclamation, Order in Council, regulation, indenture, license, notice, approval, order, or other act of authority under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter of that Proclamation, Order in Council, regulation, indenture, license, notice, approval, order, or other act of authority provided the same is designated so as to be understood.

Apprenticeship Act of 1964, No. 56 641 [ss. 4, 23] SCHEDULE NOTE.-Minimum Education Standards . The letters appearing in column 3 of this Schedule indicate the following standards of education respectively :- A-A pass in English, Science and one Mathematics Subject in the Junior Public Examination. B-A pass in English, Science and one Mathematics Subject in the Special (Modified) Secondary School Course; or completion of Grade IX of the Queensland Secondary School Course. C-Completion of Grade VIII of the Queensland Secondary School Course. Column 1 Column 2 Industry Calling Aircraft Aircraft electrician Aircraft mechanic Ground engineer Metal machinist, Ist and 2nd class Sheetmetal worker Template maker Welder, 1st class . . Wood machinist Woodworker, 1st class Bread baking and pastry Bread baker cooking Pastry-cook Boat building .. Boat builder Boot .. Bespoke bootmaker .. Boot and shoe repairer Clicker Finisher Maker .. Stuff cutter .. Building Bricklayer . Carpenter and/or joiner Floor specialist Glazier Joinery machinist Leadlight worker Painter .. Plasterer (fibrous and/or solid) Plumber .. Signwriter . Signwriter (silk screen process) Tiler (floor and wall) Tiler (roof) . . Column 3 Standard of Education C C 21

642 Apprenticeship Act of 1964, No. 56 SCHEDULE-continued Column I Column 2 Industry Calling Column 3 Standard of Education Canvas goods making Canvas goods maker Clayworking Modeller Potter .. Clothing Tailor .. Tailoress Coach and motor body building Car builder Coach and motor body builder Coach and motor painter Coach and motor smith Coach and motor trimmer Panel beater Wood machinist Confectionery Cooking Confectioner Cooks (as covered by the Hotel, Club and Restaurants, the Boarding- house Employees, and the Railway Refreshment Rooms Awards) Coopering .. Cooper Dental technicians Dental technician Electrical Electrical fitter Electrical mechanic Electrical mechanic (Automotive) Electrical mechanic and fitter Electroplating Electroplater .. Engineering Blacksmith Boilermaker Coppersmith Cycle mechanic Fitter . Fitter (instruments) Fitter and turner Motor mechanic Motor cycle mechanic Moulder Patternmaker Refrigeration mechanic or serviceman Turner C C C C C C C C B A A A A C

Apprenticeship Act of 1964, No. 56 SCHEDULE-continued Column 1 Industry Column 2 Calling 643 Column 3 Standard of Education Furniture .. .. Hairdressing .. Leather .. .. Musical instrument making Printing .. . Cabinet maker .. .. .. French polisher Glass beveller . .. .. .. Glass cutter and silverer .. Mattress (other than wire) maker .. Picture frame maker .. .. Upholsterer .. .. .. .. Wickerworker .. .. .. Wire mattress maker .. .. Wood carver .. .. .. .. Wood machinist .. .. .. Wood turner .. .. .. .. Hairdresser (Gentlemen's) .. Hairdresser (Ladies) .. .. .. .. Bag maker (including clicking) .. Buggy saddle maker Collar maker .. .. Fancy leather worker and sporting goods maker Harness maker (including strapping) Machine belt maker Riding saddle maker Trunk and case maker .. Musical instrument maker Musical instrument tuner and assembler Musical instrument tuner and repairer Class A Musical instrument repairer Class B Musical instrument polisher .. Bookbinder and/or guillotine operator Hand and machine compositor (with instruction in the mechanism of slug-casting or type-casting machines) Hand compositor .. .. .. Letterpress printer . .. Linotype mechanic (newspapers only) Lithographic printer .. Paper-ruling and/or guillotine machine operator Photo engraver- (a) operating and printing .. (b) half-tone etching and line- etching, mounting, routing and proofing Stereotyper and/or electrotyper .. B C C C C C C C C C C C C C C C C C C C C C C C C C C C B B B B B C B B C

644 Apprenticeship Act of 1964, No. 56 SCHEDULE-continued Column 1 Industry Column 2 Calling Column 3 Standard of Education Radio . Radio and/or television mechanic Railway Beltmaker and/or leatherworker Blacksmith Boilermaker Bricklayer Cabinet maker Canvas worker Carpenter Carpenter and joiner Carriage Builder Carriage painter Carriage trimmer Coppersmith Electrical fitter Electrical mechanic Electroplater Fitter Fitter (interlocking) Motor mechanic Moulder Patternmaker. . Plumber Polisher (French) Saw doctor Scale maker Sheet metal worker Springmaker Toolmaker Turner . .. Wagon builder Watchmaker Wood machinist Retail butchering Shopman Slaughterman Smallgoodsman Sheet metal working Sheet metal worker Shipwrighting Shipwright Stonemasonry .. .. Polisher, coping sawyer and float hand Stonemason Terrazzo floor layer C C C

Apprenticeship Act of 1964, No. 56 SCHEDULE-Continued Column 1 Industry Column 2 Calling 645 Column 3 Standard of Education Textile .. Knitting machine mechanic Sewing machine mechanic Loom tuner Wool comber Typewriter and Adding Typewriter mechanic Machine Cash register, adding, calculating, book-keeping and other similar machine mechanic Watchmaking, Jewellery and Optical Die sinker and tool maker Engraver .. .. .. Jeweller Optical mechanic Optical instrument maker and repairer Steel engraver .. Watchmaker .. .. C C C C B B