Electricity (Industrial Causes and Continuity of Supply) Acts Amendment Act 1985 (Qld)

1259 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 80 of 1985 An Act to amend the Electricity AuthoritiesIndustrial CausesAct 1985 and the Electricity (Continuity of Supply)Act 1985 each in certain particulars [ASSENTED TO 18TH NOVEMBER, 1985]

1260 Electricity (Industrial Causes and Continuity of Supply) Acts Amendment Act 1985, No. 80 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:- PART I-PRELIMINARY 1. Short title . This act may be cited as the Electricity ( Industrial Causes and Continuity of Supply) Acts Amendment Act 1985. 2. Arrangement . This Act is arranged in Parts as follows:- PART I-PRELIMINARY ( ss. 1-2); PART II-AMENDMENT OF ELECTRICITY AUTHORITIES INDUSTRIAL CAUSES ACT ( ss. 3-5); PART III-AMENDMENT OF ELECTRICITY (CONTINUITY OF SUPPLY) ACT (ss. 6-7). PART II-AMENDMENT OF ELECTRICITY AUTHORITIES INDUSTRIAL CAUSES ACT 3. Citation. (1) In this Part the Electricity Authorities IndustrialCauses Act 1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Electricity Authorities Industrial Causes Act 1985. 4. New ss. 32-34. The Principal Act is amended in Part IV by adding at the end of that Part the following sections:- "32. Contracting as to employment conditions. (1) Notwithstanding the provisions of any other Act an Electricity Authority may from time to time make with any of its employees or with any person seeking employment with it a contract that- (a) regulates, as between the parties to the contract, the terms and conditions of employment with the Authority; or (b) varies as between the parties to the contract the provisions of an award or industrial agreement that exists in relation to a calling within the employment of the Authority. (2) A contract shall not be made under subsection ( 1) unless the proposed provisions thereof are first approved by the Governor in Council who- (a) may approve such provisions generally or in relation to a particular contract, in either case for use only by the Electricity Authority that sought the approval; and (b) may so approve provisions in relation to callings within the employment of an Electricity Authority that the approved provisions differ as between different callings.

Electricity ( Industrial Causes and Continuity of Supply) 1 261 Acts Amendment Act 1985, No. 80 Where the Governor in Council has approved generally provisions that may be included in a contract referred to in subsection (1), any number of such contracts may be made (by the Electricity Authority that sought the approval) containing those provisions, and no other, without any further approval being obtained. (3) A contract made under subsection (1)- (a) shall be lodged with the registrar of the tribunal; and (b) where the registrar is satisfied that it was made in accordance with subsection (2), shall be certified by him as complying with that subsection, and shall be of no force or effect until so certified. Upon being so certified a contract shall take effect and, subject to subsection (4), may be enforced against and by each of the parties thereto as an award made by the tribunal, notwithstanding the provisions of any other Act. (4) A contract made under subsection (1) shall not be enforceable against or by any person who is party to it unless that person has freely become a party to the contract. 33. Contract to prevail over award etc. If any provision of a contract made under section 32 (1) is inconsistent with a provision of an award or industrial agreement that exists in relation to a calling to which the contract relates the provision of the contract shall prevail as between the parties to the contract and the provision of the award or industrial agreement shall, to the extent of the inconsistency and as between the parties to the contract, cease to have force or effect. 34. Jurisdiction of tribunal to resolve disputes on contracts. (1) Every contract made under section 32 (1) shall be deemed to contain a provision that any dispute concerning- the proper construction of the contract or any of its provisions; or the rights or obligations of any person thereunder, shall be referred to the tribunal for resolution and that the tribunal's decision shall be binding upon and shall be given effect by each party to the contract. (2) The tribunal's jurisdiction includes jurisdiction to hear and determine all matters arising in connexion with a dispute referred to it for resolution and to make such order thereupon as it considers proper.".

1262 Electricity ( Industrial Causes and Continuity of Supply) Acts Amendment Act 1985, No. 80 5. Miscellaneous amendments . The Principal Act is amended in accordance with the following Table:- TABLE Provision amended s. 3. Arrangement s. 32 in Part V. Preservation of certain powers and duties s. 33 in Part V. Regulations Amendment Omit the expression "31" and substitute the expression "34" Omit the expression "32- 33" and substitute the expression "35-36" Re-number the section as section 35 Re-number the section as section 36 PART III-AMENDMENT OF ELECTRICITY (CONTINUITY OF SUPPLY) ACT 6. Citation . ( 1) In this Part the Electricity ( Continuity of Supply) Act 1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Electricity ( Continuity of Supply) Act 1985. 7. Amendment of s. 7. Contracts of service made or to be made by SEQEB. Section 7 of the Principal Act is amended- (a) in subsection (1), by inserting after the words "full force and effect" the words "until terminated or superseded by another contract of service"; (b) in subsection (2), by omitting the words "Electrical Engineering Award-State" and substituting the words "Electricity Supply Industry Electrical Engineering Award"; ' (c) omitting subsection (3) and substituting the following subsection:- "(3) Every contract entered into pursuant to subsection (2) and in force immediately before the passing of the Electricity (Industrial Causes and Continuity of Supply) Acts Amendment Act 1985 shall be deemed to contain- (a) the provisions of the Electricity Supply Industry Electrical Engineering Award except that- (i) any reference in the award to hours of duty being 361/4 per week or 71/4 per day shall be deemed to read 38 hours and 73/5 hours respectively and any provision of the award based on 361/4 hours per

Electricity (Industrial Causes and Continuity of Supply) 1263 Acts Amendment Act 1985, No. 80 week or 71/4 hours per day shall be varied accordingly; and (ii) any provision of the award that allows for the working of ordinary hours over a fortnightly period of nine consecutive working days or that confers an entitlement by reference to a nine day fortnight shall be deemed to be deleted; and (b) a provision that the employee who is a party to the contract shall not take part in any strike within the meaning of the Industrial Conciliation and Arbitration Act 1961- 1985. ' (d) in subsection ( 4), by omitting the words " 1961-1983 , then if that Act is amended " and substituting the words - 1961 as amended to a specified year , then if that Act is subsequently amended"; (e) adding at the end of the section the following subsections:- "(5) In this section, the reference "Electricity Supply Industry Electrical Engineering Award " includes reference to any award made in amendment of or in substitution for that award and any award providing for conditions of employment that applies to the persons to whom the award first-mentioned in this subsection applies. (6) Any contract of service entered into by The South East Queensland Electricity Board after the passing of the Electricity (Industrial Causes and Continuity of Supply ) Acts A mendment Act 1985 with any person of the description of person referred to in subsection ( 2) shall be made in accordance with the ElectricityAuthorities Industrial Causes Act 1985 and the provisions of that A ct shall apply in relation to the contract.".