Industrial Arbitration (Amendment) Act 1952 (NSW)

INDUSTRIAL ARBITRATION (AMENDMENT) ACT.

Act No. 12, 1952.

An Act to make further provisions with respect to long service leave to which employees are entitled under section 88c of the Industrial Arbitration Act, 1940-1951, and the jurisdic­ tion of Industrial Tribunals in relation to long service leave; for these purposes to amend the said Act; and for purposes connected therewith. [Assented to, 17th April, 1952.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows:—
1. (1) This Act may be cited as the "Industr ial Arbi­ tration (Amendment) Act, 1952".
(2) The Industrial Arbitration Act, 1940, as amended by subsequent Acts and by this Act, may be cited as the Industrial Arbitration Act, 1940-1952.
(3) This Act shall be deemed to have commenced upon the first day of July, one thousand nine hundred and fifty-one.
2 . The Industrial Arbitration Act, 1940, as amended by subsequent Acts, is amended—

(a) by inserting in subparagraph (ii) of paragraph (a) of subsection one of section 88c after the word "misconduct" the words " o r by the employee on account of illness, incapacity or domestic

domestic or other necessitous circumstances where such illness or incapacity is, or domestic

or other necessitous circumstances are of such

a nature as to justify such termination";

(b) by inserting at the end of the same section the following new subsections:—

(7) Fo r the purposes of paragraph ( a )

of subsection one of this section—

(a) "service" of an employee means

the period during which such an employee has served his employer under an unbroken contract of employment: Provided that a contract of employment shall be deemed not to have been broken by reason only of any interruption or

determination thereof, whether

occurring before or after the commencement of the Industrial

Arbitration (Amendment) Act,

1952, if such interruption or deter­

mination—

(i) has been made by the

employer with the intention

of avoiding any obligation
imposed on him by an award made pursuant to this

section; or

(ii) has arisen directly or indir­

ectly from an industrial

dispute; or

(iii)   has been made by the employer by reason of slack­ ness of trade:

Provided further that the period

during which the contract has been

so interrupted or determined shall
not by reason only of this para­ graph be taken into account in calculating the period of service;

(b )

(b ) where a business, unde r t ak ing or

es tabl ishment or any p a r t thereof has , whether before or af ter the commencement of the Indus t r i a l

Arb i t r a t ion	(Amendment )	Act,
1952, been t r ansmi t t ed	from	an
employer	(in this p a r a g r a p h	called

the t r a n s m i t t o r ) to ano ther

employer (in this p a r a g r a p h called

the t r ansmi t t ee ) and a person who a t the t ime of such t ransmiss ion was an employee of the t r ansmi t to r

in tha t business, under tak ing ,

es tabl ishment or p a r t thereof becomes an employee of the t r a n s - mi t tee—

(i)   the continuity of the con­ t r ac t of employment of the employee shall be deemed not to have been broken by reason of such t r ans ­

miss ion; and

(ii)   the period of service which the employee has had with the t r ansmi t to r or any p r io r t r ansmi t to r shall be deemed to be service of the employee with the t ransmi t tee .

I n this p a r a g r a p h " t r a n s m i s ­

s i o n " , wi thout l imit ing its ordi­

n a r y meaning, includes t rans fe r , conveyance, ass ignment , or succes­ sion, whether by agreement or opera t ion of law, and " t r a n s ­

m i t t o r " ,	" t r a n s m i t t e e "	and
" t r a n s m i t t e d "	have	corresponding
meanings .

(8) (a) The t e rms of every a w a r d made
p u r s u a n t to this section and in force a t the

da te of the Royal assent to the Indus t r i a l

Arb i t r a t ion

Arbitration (Amendment) Act, 1952, shall

be deemed to be varied, as from the com­

mencement of such award, to the extent

necessary to give effect to the provisions
of paragraph (a) of subsection one of this

section, as amended by the said Act, and of
subsection seven of this section.
(b) As soon as practicable after the said date the registrar shall vary the terms
of every award to which paragraph (a) of

this subsection applies to give effect to the
terms of that paragraph.

The Registrar may refer any matter

arising out of this subsection to the com­
mission for direction.

(9) Nothing contained in this section shall limit or in any way affect the powers, authorities, duties and functions conferred

or imposed on the commission, or any

member thereof, or on a committee, a

conciliation commissioner or an apprentice­

ship council, by or under this Act in respect

of long service leave or sick leave:

Provided that in the exercise or perform­

ance of such powers, authorities, duties or

functions, the commission or any member

thereof or a committee, conciliation com­

missioner or an apprenticeship council shall not in any award or industrial agreement whether made before or after the com­

mencement of the Industrial Arbitration

(Amendment) Act, 1952, insert any provi­ sions relating to long service leave or sick

leave less favourable to the employees than

the provisions prescribed by the foregoing
provisions of this section.

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