Industrial Arbitration Act Amendment Act of 1923 (14 Geo v No. 10) (Qld)

LABOUR. SS. 1, 2. 14 GEO. V. No. 10, 1923. Industrial Arbitration Act Amendment Act. 10587 LABOUR. Industrial Arbitration Act Amendment Act of 1923 14 Geo. V. No. 10 Workers'CompensationActsAmendmentActof1923 14 Geo. V. No. 5 An Act to further Amend" The Industrial l' ~ Geo. V. No. 10. ArbitrationAct of 1916" in certain THE particulars. INDUSTRIAL ARBITRA- TION ACT BE . E [ASSENTED TO 28TH AUGUST, 1923.] A1IIENDMEl-IT It enacte d b y t h e K' mg ' s M l' ost xce 11 ent l m \/ . f a ' Jesty, ACT OF 1923. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Industrial stlOrt title ArbitrationAct Amendment Act ot 1923," and shall be Tead as one with *" The Industrial Arbitration Act of 1916," herein referred to as the Principal Act. 2. Section four of the Principal Act is amended as Amendment follows :_ of s. 4. (a) The definition of "Apprentice" is repealed and the following definition is inserted in lieu thereof : - " " Appren t IC " e ; - Any person b oundbyagreemen t Apprentice for the purpose of being instructed in the knowledge and practice of any calling." (b) The following provision is added to the definition of "Employee":- "In every case where five or more persons, being or alleging themselves to be partners, are working in association in any calling or industry, each of such persons shall be classed as and be deemed to be an employee; and the partnership firm con- stituted by them, or alleged so to be, shall be deemed.to be the employer of each such person." (c) The following provision is added to the definition of "Employer" :- " A person carrying on a calling in which employees are usually employed is an em- ployer, notwithstanding that for the time being he does not employ any employee therein." " 7 GSe). V. No. 16, supra, pase 753 8. K

10588 ss. 3-6. LABOUR. Industrial Arbitration Act Amendment Act. 14 GEO. V. No.IO" (d) In the definition of "Judge" the words "or District Court" are repealed. o A f m s. en5.dment all w 3 o . rdIsn fproromvisaond( i.) inocf lsuedcitinogn" fiovretoof ptehresoPnrisnecnipgaalgAecdt" " to the end of proviso (i.) are repealed. Amendment 4. Section six of the Principal Act is amended as· of s. 6. follows :- (a) Tn subsection four the words "or District Court" where they twice occur are repealed. (b) In subsection seven the words "or District, Court" are repealed. (c) In subsection nine the words "or District Court" where they twice occur are repealed; also, the words " if a ,Judge of the District Court, he shall, for the performance of the- functions of a Judge under this Act, receive- such extra remuneration as the Governor in Council may fix" are repealed, Amendment 5. In paragraph (i.) of subsection one of section of s. 7. seven of the Principal Act, after the word "employees" the words" (not being members of an industrial union of employees, and not covered by an award)" are inserted. Amendment 6. Section eight of the Principal Act is amended as. Qf s. 8. follows :- (a) After subsection (viii.) the following subsection is inserted:- "(viiiA.) Ordering that where an award has fixed a. starting time and a ceasing time for employees engaged in any calling in or in connection with any workshop, factory, or warehouse, it shall not be lawful for any person to work at such calling outside of such fixed hours or to engage or be engaged outside such hours in or in connect:on with the production for sale of any articles ordinarily produced in such calling, subject however to such exemption as the Court in such award may determine." (b) In subsection (ix.) the words" the" Masters and Servants Act of 1861"" are repealed and the words. "*" The Wages Act of 1918" " are inserted in lieu thereof. '" 9 Geo. V. No. 19, supra, page 8495.

LABOUR. s.7. 10589 ] 923. lnd1lstrial Arbitration Act Amendment Act. a 7. Section ten of the Principal Act is amended as Amendment follows :- . of s. 10. (a) In subsection one the words "The following directions shall be observed by the Court and Boards in making awards, and by the parties in making industrial agreements, in all callings to which this Act applies" are repealed and the following words are inserted in lieu thereof :---" Save as hereinafter provided, every award shall be deemed to contain provisions to the following effect, or provisions not less favourable to employees." (b) The first proviso to paragraph (a) of sub- section one is repealed, and the following proviso is inserted in lieu thereof :- . " Provided that (notwithstanding the fore- going provisions in paragraph (a) he1·eof) for employees in the callings following, namely, employees on coastal, river, and bay vessels, musterers and drovers of stock, empl<;>yees on farms engaged in feeding or attending to stock or such other necessary services as the Court in its discretion may determine, and employees engaged in domestic service, the Court in its discretion may determine the maximum number of working days and hours in any week." (c) In paragraph (b) of the said subsection, the words "eighty-five degrees Fahrenh.it thermometer, using a wet bulb, is maintained for at least a seven-eighths proportion" are repealed and the words "eighty-three degrees Fahrenheit thermometer, using a wet bulb, is maintained for at least a three-fourths proportion" are inserted in lieu thereof. (d) Paragraph (g) of subsection one is repealed, an~ paragraph (h) of subsection one is re-lettered (g). (e) In paragraph (ii.) of subsection two, the words "is asked to perform" are repealed and the word "per- forms" is inserted in lieu thereof. (f) In paragraph (ii.) of subsection two, the words "an award" are repealed, and the words "any award" are inserted in lieu thereof; and the word "the" where it occurs before the word" award" is repealed, and the word "any" is inserted in lieu thereof. (g) Subsection three is repealed and subsections four, five, and six are respectively renumbered three, four, and five accordingly.

10590 SS. 8-13. Ind1lstrial Arbitration Act Amendment Act. 14 GEO. V. No. 10, Amendment 8. In paragraph (iii.) of subsection one of section of s. 11, eleven of the Principal Act, before the words "for arrears of wage.;;" the words "or by any employee" are inserted. Amendment 9. The second paragraph of section twelve of the of s. 12. Principal Act, beginning with the word "And" and ending with the words "other award" is repealed. Amendment 10. The following subsection is added to section of s. 18. eighteen of the Principal Act:- " (3.) Failure to give notice to any person of all or any of the proceedings leading up to any award binding upon him shall not invalidate or be deemed to have invalidated any award, but such person, if he considers himself prejudiced by such award, may apply to the Court to vary the same, and the Court may vary the same accordingly in such manner and to such .extent as it thinks proper, and may give retrospective operation to any such variance of such award." Amendment 11. In the first paragraph of subsection one of section of s. 19. nineteen of the Principal Act, the words" consisting of all the Judges of the Court, including himself, upon any question of law or of fact arising in such proceeding" are repealed and the words "consisting of such Judges of the Court as the President shall request upon any question of law or of fact arising m such proceeding or upon any matter pending before such Judge" are inserted in lieu thereof. In the second paragraph of the said subsection, after the word "question" the words "or matter" are inserted. Amendment 12. In section twenty-seven of the Principal Act, of B. 27. after the words "industrial union" the words "of employees" are inserted. 13. After section twenty-seven of the Principal Act the following sections are inserted :- Registration "[27 A.] The registrar may, on application made as of ~ ndustrial prescribed reaister as an industrial union of employers umon of ' b employers. under this Act any person or association of persons, or ~ ~ ~ w. any incorporated company or association of incorporated No.-j 7, s. 6. companies, who or which has in the aggregate through- out the six months next preceding the date of the appli- cation for registration employed on an average, taken per month, not le3s than fifty employees.

1923. LABOUR. ss. 14, 15. Industrial Arbitration Act Amendment Act. 10591 Notice of such application shall be published as prescribed. [27B.] Every application for registration as an in-Particulars dustrial union of employers shall be accompanied by- ;~ r!: shed on (a) The name of the employer or the names of application the employers constituting the association, ~ ~ ployers. and the place or places in which such em- ployer carries on or such employers carry on business; (b) A list of the officers of the association, viz.-- the president or chairman, the secretary, the members of the committee of management or executive committee, and all salaried officers, with their official designations; (c) Two copies of the rules of the association; (d) If the association consists of more than one person or company, a copy of a resolution passed in accordance with the rules by a majority of the employers constituting the association, or by other competent authority in the association, in favour of registration of the association under this Act; ( ~ ) A list of the callings in which employees are employed by the person or persons, company or companies, constituting the association; (f) The manner of control of the property of the association as such, and the investment of the funds of the association as distinguished from the property and funds respectively of the constituent member or members of the association." 14. The following provision is added to subsection Amendment. one of section thirty of the Principal Act : - of s. 30. " Any two or more industrial unions consisting of employers engaged in the same calling or industry or in related callings or industries may apply to the registrar for registration as one union." 15. In subsection two of section thirty-seven of the Amendment. Principal Act, alter the words" union of employees" the of s. 37. words "or "union of employers," as the case may require" are inserted.

10592 ss. 16-19. LABOUR. Indllstrial Arbitration Act Amendment Act. 14 GEO. V. No. 10, Amendment 16. In section sixty of the Principal Act, after the of s. 60. words" Railway Department" the words "or the In- surance Commissioner in the case of the State Govern- ment Insurance Office, or the Commissioner for Trade in the case of State enterprises to which *" The State En~ erprises Act ot 1918" applies" are inserted. Amendment 17. In subsection (i.) of section sixty-two of the of s. 62. Principal Act, all the words of the subsection after the word "union" where it first occurs are repealed. Amendment 18. (1.) Subsections two, three, four, five, and six of s. 63. of section sixty-three of the Principal Act are repealed and the following subsections are inserted in lieu thereof :- "(2.) If an industrial dispute arises between the employer and any such union, proceedings with respect thereto may be initiated before the Court in manner provided by this Act. The Court shall have jurisdiction to hear and determine the cause accordingly, and to make an award thereon. (3.) In any proceedings before the Court, the employer may be represented by any officer whom he appoints on that behalf." (2.) Subsections seven, eight, nine, and ten of the said section are respectively numbered four, five, six, and seven. Amendment 19. Section sixty-four of the Principal Act is further of s. 64. amended as follows :- (a) The following words are added to subsection one: "or any contribution under tOO The Unemployed Workers Insurance Act ot 1922."" (b) The following words are added to the first paragraph of subsection two: "and earned by the employee during the period of employment not exceed- ing the said ninety days (or such extended period inclusive thereof as the Court or such magistrate has allowed)." The following provision is added to the said sub- section two :- "In the event of a prosecution of any employer for any contravention of this Act which involves the non- payment to any employee or employees of any money earned by him or them, the Court or such magistrate may, in addition to any penalty imposed upon the '" 9 Geo.V. No. 20, 8upra, page 8591. t 13 G3:1. V. No. 23, fJupra, page 10()73.

LABOUR. ss. 20-22. 10593 1923. Indtlstrial Arbitratt:on Act Amendment Act. .defendant, order the payment by him of all moneys earned by the employee or employees during the period ,of employment not exceeding the said ninety days (or :such extended period inclusive thereof as the Court or :such magistrate may allow), and such order for payment shall be in addition to any penalty imposed, and may be ·enforced as a decision of the Court." (c) The following subsection is added to the ;section ;- "(3.) In every case where an employee has left the >employment of an employer without being paid the full .amount due to him in respect of such employment, an d -the employer has been unable during a period of thirty ,days after the termination of employment to make such payment because the whereabouts of such employee 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 -employee; and the said clerk of petty sessions shall deal with all such sums of 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." 20. In the second, fourth, and fifth paragraphs of Amendment subsection one of section sixty-five of the Principal Act, of s. 65. before the word "ballot" the word "secret" is respec- tively inserted. In the third paragraph of the said subsection, before the word " poll" where it first occurs the word " secret" is inserted. 21. Subsection two of section seventy-five of the Amendment Principal Act is repealed and subsections three, four, of s. 75. five, and six are renumbered two, three, four, and five accordingly. 22. In section eighty of the Principal Act, the words Amendment "for wholly or partly preparing or manufacturing a ny of s. 80. particular articles of furniture" are repealed and the words "working in a factory" are inserted in li eu thereof; also, the words "unless such partnership has first obtained the written permission of the registrar" are repealed.

10594 ss. 23-28. LABOUR. Indttstrial Arbitration Act Amendment Act. 14 GEO. V. No. 10, Amendment 23. In the first paragraph of section eighty-four of s. 84. of the Principal Act, after the word " Board" the words " or any industrial magistrate" are inserted. In the second paragraph of the said section, after the word "Board" the words "or an industrial magis- trate" are inserted. . 24. After section eighty-four of the Principal Act the following section is inserted :- Record to be " [84A.] Each employer shall keep, and have avail- : ~ ; l: : er. able for inspection by any industrial inspector, a complete record of all employees for the time being employed, showing their designation, rate of wages, times of starting and ceasing work, and the award under which they are working respectively." Amendment 25. In section eighty-five of the Principal Act, the of s. 85. words "as to the lowest prices or rates of payment fixed by the award" are repealed. Amendment 26. The following provision is added to section of s. 87. eighty-seven of the Principal Act:- "Subject always to any order of the Court, service of any such summons, notice, or other document upon a registered industrial union of employers shall be deemed to be service upon all employers in the same calling or industry or in the same related callings or industries in respect of which such industrial union is registered.', Amendment 27. In paragraphs (a), (b), and (c) of subsection of s. 89. one of section eighty-nine of the Principal Act, the words "reasonable times" are repealed and the words" tjme during business operations or working hours" are respectively inserted in lieu thereof. Amendment 28. In the first paragraph of section ninety of the of s. 90 Principal Act, after the words "industrial union" the words "of employees" are inserted; and the words "wherein members of such union are engaged" are repealed, and the words "wherein members of such union or persons in the same calling as such members .are engaged" are inserted in lieu thereof. In the second paragraph of the said section, the words" converse with or otherwise hamper or hinder the employees during their working time, but" are re- pealed and the words "wilfully hamper or hinder the employees during their working time, and" are inserted in lieu thereof.

LABOUR. ss. 29-31. 10595 1923. Industrial Arbitration Act Amendment Act. 29. After subsection one of section ninety-two the Amendment following subsection is inserted :- of B. 92. "(lA.) Notwithstanding anything in this Act or in any award, order or decision of the Court contained, without limiting the foregoing power, such regulations may- (i.) Prescribe the method in which an apprentice shall be indentured, the term of apprentice- ship, and the earliest and latest age at which apprenticeship may begin; (ii.) Prescribe the matters to be taught to appren- tices and the methods times and conditions of instructing apprentices, and the examinations, if any, which shall be passed by apprentices; (iii.) Fix the maximum and minimum number or proportionate number of apprentices or improvers to journeymen in any calling, and of young workers to adult workers, notwith- standing in the case of apprentices the existence of current indentures or contracts of apprenticeship, and specify the cases in which apprentices or improvers may be employed; \iv.} Provide if deemed necessary for the constitu- tion of committees or boards to make recommendations to the Minister in regard to al1 or any of the matters specified in paragraph (ii.) of this subsection; (v.) Prescribe such other matters relating to appren- tices or improvers as may be deemed necessary or desirable; . (vi.) Delegate to the Court the jurisdiction, power, and duty to deal with all or any of the matters specified in paragraphs (i.), (ii.), (iii.), (iv.), and (v.) of this subsection." 30. All Orders in Council, awards, orders, and Validation registrations of industrial unions made or purporting to of existing have been made under the authority of the Principal awards, &0. Act before the passing of this Act are hereby declared to have been and to be valid and binding, and shall not be questioned on the ground of want of authority or want of jurisdiction or on any other ground whatsoever. 31. Nothing in this Act contained shall be con- Exis~ ng strued to repeal or otherwise limit the operation of any awards. existing award.