Industrial (Commercial Practices) Act and Another Act Amendment Act 1987 (Qld)

16 (1 Iteeng1art$ ANNO TRICESI M O SEXTO EL,I ET. AE 3J CJ AE PE N°NAE An Act to amend the Industrial (Co.---^^nercial Practices) Act 1984-1985 and the In'lustrial Conciliation and Arbitration Act 1961 c tch in certain particulars [ASSENTED TO 9TH APRIL, 1987]

Industrial ( Commercial Practices ) Act and Another Act Amendment Act 1987, No. 3 17 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 Industrial (Commercial Practices) Act and Another Act Amendment Act 1987. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY (ss. 1-3); PART II-AMENDMENT OF INDUSTRIAL (COMMERCIAL PRACTICES) ACT (ss. 4-14); PART III-AMENDMENTS OF INDUSTRIAL CONCILIATION AND ARBITRATION ACT (ss. 15-17). PART II-AMENDMENT OF INDUSTRIAL (COMMERCIAL PRACTICES) ACT 4. Citation. (1) In this Part the Industrial (Commercial Practices)Act 1984-1985 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Industrial ( Commercial Practices ) Act 1984-1987. 5. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) numbering the existing provisions thereof as subsection (1); (b) omitting the definition "business" and substituting the following definition:- "business" includes- (a) the practice of any profession; and (b) any activity or enterprise carried on otherwise than for profit;";

18 Industrial ( Commercial Practices ) Act and Another Act Amendment Act 1987, No. 3 (c) inserting after the definition "person" the following definitions:- "research and development" means work undertaken with a view to- (a) acquiring or increasing knowledge of matters relevant to methods of carrying on any business; (b) using knowledge to devise new methods of carrying on any business; (c) applying knowledge in the carrying on of any business; (d) introducing or changing mechanisation or technology in any business; or (e) providing or disseminating information or knowledge acquired by such work, and includes any work incidental or conducive to the efficient performance of such work; "services " includes any rights (including rights in relation to and interests in real or personal property), benefits, privileges or facilities that are to be provided , granted or conferred in trade or commerce and, without limiting the generality of' the foregoing , includes rights , benefits , privile g es or facilities that are or are to be provided , granted or conferred under- a contract for or in relation to performing work ( including work of a professional nature ), whether with or without the supply of goods; or a contract for or in relation to providing, granting or conferring rights, benefits or privileges for which a price, consideration or remuneration is payable in any form, whether the contract be one of service or one for services;"; (d) adding at the end of the section the following subsection:- "(2) For the purposes of this Act "research and development" shall be deemed to be included within the expression "trade or commerce".". 6. Amendment of s. 6. Interference with supply of goods or services prohibited . Section 6 of the Principal Act is amended by omitting the words "where the conduct" and substituting the words "and that". 7. Amendment of s. 8. Cases not within ss. 6 and 7. Section 8 of the Principal Act is amended by omitting subsection (2) and substituting .the following subsection:- "(2) Where the purpose of conduct is to induce an employer to adopt or contribute to a superannuation scheme for the benefit of employees that is under one management in preference to another superannuation scheme that- (a) is under a wholly or substantially different management;

Industrial (Commercial Practices) Act and Another Act Amendment Act 1987, No. 3 19 and (b) provides benefits to a value not substantially dissimilar to the value of the benefits provided by the first- mentioned superannuation scheme, then , for the purposes of subsection ( 1), that conduct shall be taken not to be substantially related to the remuneration, conditions of employment or working conditions of any person.". 8. Amendment of s. 8A. Application of ss. 6 and 7 in certain cases. Section 8A of the Principal Act is amended- (a) in subsection (1), by- (i) omitting from paragraph (b) all words from the words ", given" to and including the word "commence"; (ii) omitting paragraph (c) and substituting the following paragraph:- "(c) consists in an attempt by employees or an association of employees to induce an employer- (i) 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; (ii) to refrain from employing or continuing to employ a person who is not a member of a particular association of employees or a person who has not undertaken to become a member of a particular association of employees;" (iii) inserting after paragraph (c) the following words and paragraphs:- "or (d) the business or the trade or commerce that is relevant to the conduct is trade or commerce between any place in Queensland and any place outside Queensland; or (e) the business or the trade or commerce that is relevant to the conduct is research and development in Queensland"; (iv) omitting the expressions "(d)", "(e)" and "(f)" occurring after the words "applied as if';"; (b) omitting subsection ( 2) and substituting the following subsection:- "(2) For the purpose of subsection ( 1) a strike shall be taken to have commenced without adequate notice unless notice thereof that conforms with the requirements of this subsection has been given.

20 Industrial (Commercial Practices ) Act and Another Act Amendment Act 1987, No. 3 The requirements of a notice are- (a) the notice shall be of the day and the time when the strike is to commence; (b) the notice shall be in writing bearing the name of every person or association by whom it is given and signed by each such person or, in the case of an association, by its secretary or other officer; (c) the notice shall be given by- each employee who proposes-to participate in the strike; or each association of employees who might participate in the strike; (d) the notice shall be given to- the Minister; the employer of each employee who is to be called upon to participate in the strike; every person (other than such employer) who is likely to suffer loss or damage in his business by reason of the strike and who has, at any time before the time when the notice is by paragraph (e) required to be given, notified in writing one or more of the employees who might participate in the strike or an association of employees who might participate in the strike that he desires to have prior notice of the day and the time when any strike with which the employees are or the association is concerned is to commence; (e) the notice shall be given at least seven clear days before the day on which the strike is to commence; (f) the notice shall specify the conduct that will constitute the strike.". 9. Amendment of s. 11. Provisions concerning associations ' liability. Section 11 of the Principal Act is amended by omitting from subparagraph (iii) of paragraph (c) the words "a proceeding such as is referred to in section 28 or". 10. Amendment of s. 12. Establishment of purpose. Section 12 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) For the purposes of this Part, a person shall be deemed to have engaged or to engage in conduct for a particular purpose if the person engaged or engages in the conduct for purposes that included or includes that purpose.". 11. Amendment of s. 13. Prohibition of certain arrangements. Section 13 of the Principal Act is amended in subsection (1)-- (a) by omitting from paragraph (b) all words from the words "(not being" to and including the words "those persons)";

Industrial (Commercial Practices) Act and Another Act Amendment Act 1987, No. 3 21 (b) by omitting from paragraph (c) all words from the words "(not being" to and including the words "those persons)". 12. Amendment of s. 32. Evidentiary value of previous findings. Section 32 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the words "Evidentiary provisions."; (b) numbering the existing provisions thereof as subsection (1); (c) adding at the end of the section the following subsection:- "(2) In any proceedings under or for the purposes of this Act- (a) the provisions of paragraphs (e), (h), (i) and (j) of section 135 of the Industrial Conciliation and Arbitration Act 1961-1987 apply as if the proceedings were under or for the purposes of that Act, subject to those provisions being construed as if the expression "industrial union", wherever it occurs therein, were the expression "association of employees"; (b) a certificate purporting to be signed by the Minister to the effect that the value of the benefits provided under one superannuation scheme (identified therein) for the benefit of employees is not substantially dissimilar to the value of the benefits provided under another superannuation scheme (identified therein) for the benefit of employees shall be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.". 13. New s. 33. The Principal Act is amended by adding at the end thereof the following section:- "33. Provisions concerning proceedings . (1) Proceedings in a court to which the Minister is to be or is a party shall be commenced and continued by or against him in the title of his Ministerial portfolio and the Minister shall be entitled to appear therein under that title. (2) The jurisdiction of the Court conferred by this Act and the jurisdiction of any court (other than a Magistrates Court) in which proceedings under section 31 are brought shall be exercised by a judge without a jury, unless an order to the contrary is made in those proceedings. (3) The Minister is authorized to grant to any person financial or other assistance, in such form and to such extent as the Minister thinks fit, in connexion with the commencement of proceedings to be brought by that person or the conduct of proceedings brought by or against that person, whether the matter of the proceedings arises under this Act, any other Act or otherwise.

22 Industrial ( Commercial Practices ) Act and Another Act Amendment Act 1987, No. 3 The Crown, the Minister and any other person shall not incur any liability at law or for costs of the proceedings, in connexion with which assistance is given under the authority of this subsection, on account of the giving of such assistance.". 14. New s. 34. (1) The Principal Act is amended by adding after section 33 (provided for by this Act) the following section:- "34. Saving of rights and remedies . Except as expressly prescribed, this Act does not and did not at any time exclude, limit or affect any right or remedy had by any person apart from this Act.". (2) It is declared that- (a) the amendment of the Principal Act provided by subsection (1) is for the purpose of allaying any doubt in respect of the matter of the amendment; and (b) the Principal Act shall be construed without reference to the amendment provided by subsection (1).". PART III-AMENDMENT OF INDUSTRIAL CONCILIATION AND ARBITRATION ACT 15. Citation . ( 1) In this Part the Industrial Conciliation and Arbitration Act 1961- 1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Industrial Conciliation and Arbitration Act 1961-1987. 16. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended in the meaning of the term "Strike" by omitting the word "act" where it first occurs, the words "being an act" and the words "with intent" and substituting the word "conduct", the words "which in any such case is" and the words "and which has a purpose" respectively. 17. New s. 29A. The Principal act is amended by inserting after section 29 the following section:- "29A. Awards in respect of research and development Projects. (1) Notwithstanding anything to the contrary contained in this Act, in making awards in respect of a project or proposed project of research and development, the Commission- (a) shall not- (i) be bound by custom or practice, previous decisions or precedents; or (ii) be required to have regard to provisions in other awards of the Commission or of any other industrial tribunal;

Industrial ( Commercial Practices) Act and Another Act Amendment Act 1987, No. 3 23 (b) shall- (i) determine the measure of confidentiality that is necessary to secure the implementation and continued operation of the project; (ii) make such orders or give such directions and make such decisions as it thinks appropriate (whether or not any person has been engaged for work on the project) to allow the project to be implemented and to operate. (2) Subsection (1) applies only in respect of a project of research and development that provides for- (a) a total projected expenditure thereon over a period not exceeding 3 years of not less than $500 000; or (b) where the project involves the introduction of plant, equipment or methods significantly different from plant, equipment or methods previously or currently in use either by the proposed user or in the industry generally, a proposed expenditure on that introduction over a period not exceeding 3 years of not less than $50 000. (3) A project may be a project of research and development notwithstanding that no research and development work has commenced. (4) In this section "research and development" means work undertaken with a view to- (a) acquiring or increasing knowledge of matters relevant to methods of carrying on any business; (b) using knowledge to devise new methods of carrying on any business; (c) applying knowledge in the carrying on of any business; (d) introducing or changing mechanisation or technology in any business; or (e) providing or disseminating information or knowledge acquired by such work, and includes any work incidental or conducive to the efficient performance of such work.".