Industrial Arbitration Act Amendment Act of 1925 (16 Geo v No. 13) (Qld)

11296 LABOUR. Industrial Arbitration Act Amendment Act. 16 G1OO. V. No. 13, LABOUR. Industrial Arbitration Act Amendment Act of 1925 16 aeo. V. No. 13 Basic Wage Act of 1925 .. 16 aeo. V. No. 5 InspectionofMachineryActAmendmentAct of 1925 .. .. 16 aeo. V. No. 3 W~ rkers' Oompensation Acts Amendment Act of 1925 .. .. 16 aeo. V. No. 18 Workers' Homes Acts Amendment Act of 1925 .. 16 aeo. V. No. 10 16NGo.eo1. 3. V. An Act to Make Better Provision for the Regulation THE of the Conditions of Industries by means of INDUSTRIAL ARBITRATION Industrial Conciliation and Arbitration; to ACT AMENDMENT ACT OF 1925. Establish a Board of Trade and Arbitration and to define its Jurisdiction and Powers; and for that purpose to Amend" The In- dustrial Arbitration Acts, 1916 to 1924" and other Acts in certain particulars, and for other incidental purposes. [ASSENTED TO 26TH OCTOBE.R, 1925.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Industrial : ~ ~ struction ArbitrationAct Amendment Act. of 19~ 5, " . and shall be of Act. read as one with *"The Industnal Arb~ tratwn A·cts, 1916 to 1924," herein collectively referred to as the Principal Act. Abolition of 2. Section six of the Principal Act is repealed, Court. and the Court of Industrial Arbitration is hereby abolished: Provided as follows:- Existing awa.rds, &c (1.) All subsisting awards and orders under the Principal Act shall be valid and binding, and, until rescinded or superseded, shall continue in force and be deemed to have been made under the Principal Act as amended by this Act. All such awards shall be deemed to have been made by the Board of Trade and Arbitration under this Act. * 7 Geo. V. No. 16, supra, page 7538; 14 Geo. V. 1'9"0. 10, supra, page 10587; and 15 Geo. V. No. 25, supra page 11052.

1925. LABOUR. Industrial Arbitration Act Amendment Act. 1129'7 In construing any such award or order or any industrial agreement made and entered into pursuant to Part V. of the Principal Act, references to the Court of Industrial Arbitration shall be read as references to the Board of. Trade and Arbitration. (2.) All matters pending before the Court of In- dustrial Arbitration at the date of the establishment of the Board of Trade and Arbitration may be continued and shall be heard and determined by such Board. (3.) All documents relating to. any matters or pro- ceedings filed or deposited with the Court of Industrial Arbitration shall be handed over to the Board of Trade and Arbitration and filed with such Board. (4.) The Registrar appointed under the Principal Act. and holding office at the date of the establishment of the B08Jrdof Trade and Arbitration shall be deemed to be appointed Hegistrar of the Board of Trade and Arbitration under the Principal Act as amended by this Act. (5.) All regulations and Rules of Court made under the Principal Act and in force at the date of the establishment of the Board of Trade and Arbitration shall continue in force as regulations and Rules of Court under the Principal Act as amended by this Act until superseded or amended by other regulations or Rules of Court duly made. 3. The following section is inserted in the Principal Act as section six thereof :- " [6.] (1.) There is hereby established a Board to be Constitution called "The Board of Trade and Arbitration , " consisting TofraBdoeaardndof of three persons appointed from time to time by the Arbitration. Governor in Council by commission in His Majesty's name. One of such persons shall at the date of his appointment be a Judge of the Supreme Court of Queensland, and shall be designated the" President of the Board of Trade and Arbitration." Such Judge of the Supreme Court so appointed President as aforesaia shall, notwithstanding the provisions of any Act to the contrary, continue to· hold and exercise the office of such Judge. (2.) A person appointed to be a member of the Disabilities. Board of Trade and Arbitration shall not be capable of being a member of the Executive Council or of the

11298 LABOUR. Ind~ istrial Arbdration Act Amendment Act. 16 GEO. V. No. 13, Legislative Assembly, and shall not act as a director or auditor or in any other capacity take part in the management of any bank, joint stock company, trade, or business. ; Salary. (3.) Each member of the Board of Trade and Arbitration shall, during continuance in office, receive a clear annual salary equal to the sa.laryof a Puisne Judge of the Supreme Court, and such salary shall not be diminished during his continuance in office: Provided that the Judge of the Supreme Court who under this Act is appointed to be the President of the Board shall perform the functions of President under this Act without extra remuneration over and above the emoluments of his office as such Judge. Term of office. (4.) The President shall be appointed for such term . of years as the Governor in Council may fix and may be reappointed from time to time for any further term of years fixed by the Governor in Council. Each member other than the President shall be appointed for a term of seven years, but may be reappointed for a further term not exceeding seven years: Provided that the President and each other member shall retire from office upon attaining the age of seventy years notwithstanding that he has not then remained in office for the term then current of his appointment. If the term of office of any member expires during the continuance of any investigation or any matter on which he has entered as member, the Governor in Council may (and from time to tIme if necessary) without reappointment continue him in office for such time as is necessary to enable him to complete such investigation or matter. . Tenure. (.5.) Every member shall hold office during good behaviour and shall not be removed therefrom unless an address praying for such removal shall be presented to the Governor by the Legislative Assembly. Appointment (6.) In case of the illness, inability, or absence of of deputy. any member other than the Presid~ nt, the Governor in Council may appoint some other person to act as the deputy of such member during such illness, inability, or absence, and every such person shall, while he acts. as such deputy, have all the powers and perform all the duties of and be subject to the same disabilities as such member.

LABOUR. 11299 1925. Industrial Arbitration Act Amendment Act. In case of the illness or absence of the President the Governor in Council may appoint a Judge of the Supreme Court or some person qualified to be appointed a Judge of the Supreme Court to act as President, and notwithstanding any Act to the contrary the Judge of the Supreme Court so appointed shall act as President. Such Judge or person so appointed, whilst acting in the capacity of President, shall have all the powers and perform all the duties of a member and President of the Board of Trade and Arbitration during the illness or absence as aforesaid of the President. (7.) The Board of Trade and Arbitration shall Funotions. exercise :- (a) Administrative functions; and (b) Judicial functions; as provided by this Act. (8.) The President or any other member sitting alone Judio~ l in the exercise of the judicial functions of the Board of funotlons. Trade and Arbitration as provided by this Act shall constitute the Board of Trade and Arbitration, and, except as in this Act or any Rules of Court otherwise provided, all the powers and jurisdiction of the Board in its judicial functions may be exercised by the President or any other member sitting or acting alone. If more than one member is sitting at the same time in the exerc1.se of the judicial functions of the' Board, each such member shall constitute the Board of Trade and Arbitration. The Board of Trade and Arbitration, acting in its judicial functions, shall be a superior Court of record. (9.) The Board of Trade and Arbitration shall have Sea.l. an official seal, which shall be judicially noticed." 4. The following amendments are made in section Amendment seven of the Principal Act : _ . of s. 7. The words "the Court," where those words first occur, are repealed and the words "the Board of Trade and Arbitration acting in its judicial functions" are inserted in lieu thereof. Also the words" the Judge" where those words twice occur are repealed and the words" a member" are respectively inserted in lieu thereof. . Also the words "the Court," wherever, those words subsequently occur, are repea'ed and the ,words "the Board" are respectively inserted in lieu thereof. ... ..> " ,. I .

11300 LABOUR. Indllstria7 Arbitration Act Amendment Act. 16 GEO. V. No. 13, The following subsection is added to section seven:- " (5.) In all cases where in the exercise of its judicial functions the Board of Trade and Arbitration is con- stituted by the President sitting with another member or members, the decision of the President upon any. question arising as to the jurisdiction of the Board or as to the construction of any of the provisions of this Act shall prevail and be the decision of the Board." 5. After section seven of the Principal Act the following section is i.nserted :- Administra· " [7 A.] (1.) The administrative functions of the ftiuvnections. Board of 'J)'ade and Arbitration shall be- (a) To acquire and disseminate knowledge on all matters connected with industrial occupa- tions, with a view to improve the industrial relationships between employers and workers and combat the evils of unemployment; (b) To collect and publish information relating to or affecting industrial conditions; (c) To propound schemes for welfare work and report to the Governor in Council on all matters relating to such work and to the insurance of employees against loss or injury caused by unemployment, sickness, accident, or industrial diseases; (d) To report on any matter referred to it as to the prices of commodities or services and as to whether or not monopolies or trade rings exist for the purpose of unfairly keeping up the. prices of commodities; . To administer the provisions of *" The Profiteering Prevention Act of 1920" and for that purpose all references to the Commis- sioner of Prices in that Act or in any other Act shall be deemed to be references to the Board of Trade and Arbitration and to each member thereof; (e) To investigate and report on the existence of sweating or unfair competition in an industry; (f) To report upon the productivity of industries, the number of employees in any industry, and the effect or probable effect of the regu- lation of the conditions of any industry upon such productivity; * 10 Geo. V. No. 33, 8upra, page!l213.

LABOUR. 11301. 1925. Industrial Arbitration Act Amendment Act. (g) To consider and report upon the· industria.l efficiency of the community, the organisation of the labour market and opportunities .of employment and all questions relating to unemployment; (h) To collect and publish from time to time statistics of vital, social, and industrial matters and on labour, employment and unemployment in specific industries and on other prescribed matters; (i) To encourage and assist in the establishment in different industries of mutual welfare committees and industrial councils and of subsidiary shop committees for· individual enterprises; (j) To encourage and assist schemes for mutual co-operation between employers and em- ployees; (k) To encourage and assist in the esta.blishment of hostels for women workers and workmen's ; . clubs and libraries; (l) To report and advise on schemes for the better housing of the people; (m) To consider and report upon any other matter . referred to it by the Minister. .(2.) The Board of Trade and Arbitration and each Board to member thereof s~ all, in investigating any ma.tter for ~;ve powers the purposes of this Act, have all the powers of a commission. commission under *" The Official Inquiries Evidence Act of 1910" or any Act passed in substitution for or a.ny amendment of that Act. (3.) For the purpose of enabling the statistics Collection referred to in this Act to be collected, all prescribed of statistics. persons, including the Registrar-General, shall to the best of their knowledge and belief, when required by the Board of Trade and Arbitration or any member thereof so to do, fill uP. and supply, in accordance with the instructions contained in or a.ccompanyjng the prescribed form, the particulars specified in that form. When and so often as the Registrar-General is required to furnish particulars with respect to any matters that may be of use to the Board of Trade and Arbitration or any * 1 Geo. V. No. 26, supra, page 748.

11302 LABOUR. Industrial Arb·itration Act Amendment Act. 16 GEO. V. No. 13, member thereof for the purposes of this Act, it sb.-'1ll be the duty of the Registrar-General forthwith to ascertain such facts and collect such information as will enable him to compile and furnish the particulars required, and for that purpose he may require returns to be furnished to him by any person or information to be given to him orally by any person, and in carrying out such duties he shall have all the powers and authorities of a Commission under *" The Official Inquiries Evidence Act of 1910." !~f~ mation (4.) Every person shall, to the best of his knowledge supplied. and belief, answer all questions asked him by the Board of Trade and Arbitration or any member thereof or by its duly authorised officers necessary to obtain any information required for the purpose of any statistics authorised by this Act to be collected. -Power of one ( 5.) The Board of Trade and Arbitration is :e: ~ :rs. authorised to delegate to anyone or more of its mem- bers any of its administrative functions, including the conduct of any inquiry or investigation. Secrecy of the Board. (6.) Each member of the Board of Trade and Arbitration shall upon his appointment take an oath not to disclose (except as far as maybe necessary in the execution of his duties as such member) any matter or evidence before the Board relating to trade secrets, or the financial position of any person, or the contents of any books or documents produced before the Board. Officers. (7.) The Governor in Council may from time to time appoint all such officers as may be deemed necessary for the purpose of enabling the Board of Trade and Arbitra- tion to carry out its administrative functions. All o~ her (8.) Save as by this section is expressly provided jfuudncictIiOaln. s are or as may be expressly declared by the Governor in Council by Order in Council published in the Gazette. all the functions powers and authorities exercisable under this Act by the Board of Trade and Arbitration shall be exercisable by it as part of its judicial functions' under this Act." ~ nsequen. 6. The amendments set forth in the Schedule to this ~ ~ eD. dments. Act are hereby made in the Principal Act and in t" The Schedule. ·Profiteering Prevention Act of 1920" and in t" The Supreme Court Act of 1921 " respectively. ... 1 Geo. V. No. 26, 8upra, page 748. t 10 Geo. V. No. 33, supra, page 9213. t 12 Geo. V. No. 15, supra, page 9787.

1925. LABOUR. Industrial Arbitration Act·Amendment Act. 1130;J SCHEDULE. CONSEQUENTIAL AMENDMENTS. 1. The Principal Act is amended as follows :- In section two, the words "Court of Industrial Arbitration" are repealed and the words "Board of Trade and Arbitration" are inserted in lieu thereof. In section four, in the definition of" Award," the word "Court," where it twice occurs, is repealed and the words " Board of Trade and Arbitration" are respectively inserted in lieu thereof. The definition of "Court" is repealed. In the definitions of "Decision," "Improver," "Industrial matter" and" Rules of Court," the word" Court," wherever it occurs, is repealed and the words "Bo3.rd of Trade and Arbitration" are respectively inserted in lieu therwf. The definition of " JudgJ" is r"pealed. After the defin'tion of "Lock-out" the following definition is inserted :- "Member "-A member of the Board of Trade and Arbitra'Member. tion: the term includes the President of the Board." In sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 22, 25, 26, 29, 36,39,40,43: 45, 46, 48,49,52,54,55,56,58,63,64,65,67,69,70, 71, 75, 77, 78, 81, 83, 84, 86, 87, 88, 89, 92 and the Schedule, the word" Court," wherever it occurs, is repealed and the words" Board of Trade and Arbitration" are respectively inserted in lieu thereof. Section nineteen is amended as follows :- In subsJction OU3, the word "Judge" wherever it occurs is repealed and the word "member" is respectively inserted in lieu thereof; also the word" Judges" is repealed and the word" members" is imerted in lieu thereof. Also the wO~ ' d " Court," where it twice occurs, is repealed and the words" Board of Trade and Arbitration" are respectively imerted in lieu thereof. In subsection two, the words" the Coart " are repealed and the words "the Board of Trade and Arbitration" ara in:3erted in lieu thereof. In subs( ' c~ ion three, the words "the Court of Industrial Arbitration" are repealed and the 'words "the Bo:trd of Trade and Arbitration" are inserted in lieu thereof; also the words" the Court," where those words twice occur, are repealed and the words "the Board of Trade and Arbitratio:J." are f{spcctively inserted in lieu thereof. In section twenty, the words" The Judge" are repealed and the words "A member of the Board of Trade and Arbitration" are inserted in lieu thereof. The following amendments are made in section twenty-one:- In subsection. one, the words" The Judge" are repealed and the words "A member of the Board' of Trade and Arbitration" are inserted in lieu thereof. E

11304 LABOUR. Industrial Arbitration Act Amendment Act. 16 GEO. V. No. 13, 1925. In subsections two, three, four, and five, the words" the Judge" wherever those words occur, are repealed and the words "such member" are respectively inserted in. lieu thereof. In subsection one of section twenty-two, the words" the Judge" are repealed and the words "a member of the Board of Trade and Arbitration" are inserted in lieu thereof. In subsection two, the word,> "the Judge" are repealed and the words" such membcr" are in'>erted in lieu thereof. In sections €'ighty-six, eighty-seven and eighty-eight, the words " a Judge," wherever they occur, are repealed and the wordR " a Member of the Boa-rd of Trade and Arbitration "are respectively inserted in lieu thereof. In section eighty-seven, the words "the Judge" are repealed and the word8 " such member" are inserted in lieu thereof. In the Schedule, the words "a Judge" and "the Judge," wherever those words occur, are repealed and the words "a member of the Board of Trade and Arbitration" are respectively inserted in lieu thereof. In subsection two of section twenty of the Schedule, the word " Judge," where it first occurs, is repealed and the words" member of the Board of Trade and Arbitration" are inserted in lieu thereof; and the words" such Judge" are repealed and the words "such member" are inserted in lieu thereof. Also the words" two Judges," where those words thrice occur, are repealed and the words" two members" are respectively inserted in lieu thereof; also the words " the Judges" are repealed and the words" the members" are inserted in lieu thereof. 2. Sections five and six of *" The Profiteering Prevention Act of 1920 " are repealed. 3. In subsection four of section four of t" The Supreme Court Act of 1921" the words" a Judge or Judges of the Court of Industrial Arbitration" are repealed and the words "a member or members of the Board of Trade and Arbitration in the exercise of its judicial jurisdiction" are inserted in lieu thereof. Also the words" a Judge of the Court oHndustrial Arbitration," where those words twice occur, are repealed and the words " a member of the Board of Trade and Arbitration" are respectively inserted in lieu thereof. Also the words "that Court" are repealed and the words "that Board" are inserted in lieu thereof. * 10 Geo. V. No. 33, supra, page 9213. t 12 Geo. V. No. 15, supra, page 9787.