Industrial (Commercial Practices) Act Amendment Act 1985 (Qld)

191 ( ueenS I a nb ON ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1985 An Act to amend the Industrial ( Commercial Practices) Act 1984 in certain particulars [ASSENTED TO 29TH MARCH, 1985]

192 Industrial (Commercial Practices) Act Amendment Act 1985, No. 14 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. Short title and citation . (1) This Act may be cited as the Industrial (Commercial Practices) Act Amendment Act 1985. (2) In this Act the Industrial (Commercial Practices) Act 1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Industrial (Commercial Practices) .4ct 1984-1985. 2. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by inserting after the definition "person" the following definition:- -strike- means a strike within the meaning of the Industrial Conciliation and Arbitration Act 1961-1985; ". 3. New s. 5A. The Principal Act is amended by inserting after section 5 the following section:- "5A. Application of Act to Crown. etc. The provisions of this .Act apply in relation to the Crown in right of Queensland or an authority of the State as if the Crown or the authority were conducting a business and were engaged in trade or commerce when discharging functions or exercising powers required of it or permitted to it by law or lawfully assumed by it and a reference in this Act to the business of any person or to engaging in trade or commerce includes a reference to the discharge or exercise by the Crown or the authority of those functions or powers.". 4. Amendment of s. 8. Cases not within ss. 6 and 7. Section 8 of the Principal Act is amended by- (a) in subsection (1), (i) omitting from subparagraph (i) of paragraph (a) the words "or of another person employed by an employer of that person"; (ii) omitting from subparagraph (ii) of paragraph (a) the words "or of another person employed by that employer"; (b) adding at the end of the section the following subsection:- "(4) For the purposes of subsection (1), where the purpose of conduct is to induce an employer to vary, ignore or fail to comply with the conditions prescribed by or under an Act as conditions of any contract of employment that conduct shall be taken not to be substantially related to the conditions of employment or working conditions of any person.".

Industrial (Commercial Practices) Act Amendment Act 1985, No. 14 193 5. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- "8A. Application of ss . 6 and 7 in certain cases . (1) Where conduct engaged in is of a description of conduct referred to in section 6 or 7 and- (a) is in connexion with a dispute concerning the right of any employee or class of employee to perform work to the exclusion, total or partial, of any other person or class of person; or (b) consists in a strike that has commenced without adequate notice, given by the employees participating therein or an association of employees, to the employer of the day and time when the strike would commence; or (c) consists in an attempt by employees or an association of employees to induce an employer to give preference in employment to a person who is a member of an association of employees or to a person who has undertaken to become a member of an association of employees section 6 or 7. as the case may require, shall be construed and applied as if- (d) in the case of section 6. the words "(not being an employer of the first-mentioned person)". where they twice occur. did not occur therein; (e) in the case of section 7. the words "(not being an employer of the first-mentioned person)" did not occur therein: and (f) in either case, section 8 (1) had not been enacted. (2) For the purposes of subsection (1), notice of the day and time when a strike is to commence shall not be taken to be adequate notice unless it has been given for a period of 7 clear days before the day on which the strike commences.". 6. Amendment of s. 12 . Establishment of purpose . Section 12 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding at the end of the section the following subsection:- "(2) Subject to section 8, the purpose for which a person engages in conduct of a description of conduct referred to in this Part shall be taken to be the probable consequence or consequences of the conduct engaged in by him unless he establishes the contrary.".

194 Industrial (Commercial Practices) Act Amendment Act 1985, No. 14 7. Repeal of and new s. 31. The Principal Act is amended by repealing section 31 and substituting the following section:- °`31. Recovery of damages . Subject to section 11, a person who suffers loss or damage by reason of conduct in contravention of Part II or Part III may recover the amount of the loss or damage by action against- the person or persons who engaged in that conduct: and any person or persons who is or are to be taken to be involved by reason of that conduct in a contravention of Part II or Part 111, or any of them.