Industrial Conciliation and Arbitration Act Amendment Act 1975 (Qld)

663 Quarslmlzr ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 66 of 1975 An Act to amend the Industrial Conciliation and Arbitration Act 1961-1974 in certain particulars [ASSENTED TO 12TH DECEMBER, 19751 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 Conciliation and Arbitration Act Amendment Act 1975. (2) The Industrial Conciliation and Arbitration Act 1961-1974 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Industrial Conciliation and Arbitration Act 1961-1975.

664 Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 2. Commencement This Act shall commence on a date appointed by Proclamation. 3. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) omitting the definition " Industrial agreement " and substituting the following definition:- " Indussttrriiaall agreement "-An agreement in writing relating to an industrial matter and approved by the Commission;"; (b) in the definition " Industrial matter ", omitting provision (g). 4. Amendment of s. 12 Section 12 of the Principal Act is amended by, in subsection (1), inserting after the word " work " where it occurs in provision (i) of subparagraph (a) the words " or performing work of a like nature and of equal value ". 5. Amendment of s. 17. Section 17 of the Principal Act is amended by, in subsection (13), in paragraph (a), omitting the word " inclusive " and substituting the word " exclusive ". 6. Amendmen t of s. 47. Section 47 of the Principal Act is amended by, in subsection (2), (a) inserting after the words " as to " the words " whether or not a person is a member of an industrial union or "; (b) adding at the end thereof the following paragraph:- " Upon a determination of a question or dispute specified in this subsection, the Court, by its order- (a) may determine that an applicant is entitled to admission to membership of the industrial union and direct that he be admitted to membership thereof; (b) may declare that a person is or is not a member of an industrial union.". 7. Amendment of s. 48. Section 48 of the Principal Act is amended by adding at the end thereof the following paragraph "A notice of resignation pursuant to this section shall be in writing and shall be duly given if- (a) it is left at the registered office of the industrial union; (b) it is sent by post to the registered office of the industrial union.". & New s. 86A . The Principal Act is amended by. inserting after section 86 the following section:- " 86A. Power of registrar to order the condo : t of elections. Where the registrar is satisfied upon reasonable grounds that there is a likelihood of irregularity in or in connexion with an

Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 665 election for an office in an industrial union or branch thereof, he may, notwithstanding that a request pursuant to section 86 has not been made, direct that the election be conducted under that section and for that purpose the provisions of that section apply as if the direction of the registrar were a decision that a request has been duly made.". 9. Amendment of s. 89 . Section 89 of the Principal Act is amended by- (a) omitting subsection (1) and the note appearing in and at the beginning thereof and substituting the following note and subsection:- " (1) Industrial agreements may be made . Qd. s. 42. (a) An industrial union of employees may make in writing an agreement with an industrial union or association of employers or some specified employer or employers relating to any industrial matter. (b) An agreement made pursuant to paragraph (a) shall thereupon be filed with the registrar. (c) The registrar shall refer to the Commission every agreement so filed and the Commission may of its own motion and without a hearing approve any such agreement. (d) Every agreement approved by the Commission shall be registered. (e) The Commission, on the application of the Crown, registrar, any person bound by an award or a person aggrieved or of its own motion where the Commission considers it advisable in the public interest or for any other reason to do so- (i) may with respect to an industrial agreement impose such conditions as it considers just and equitable; (ii) may prohibit any industrial union of employees or any employer or industrial union or association of employers from enforcing. an industrial agreement inconsistent with an award or general ruling. (f) An agreement relating to an industrial matter made between an industrial union of employees and an industrial union or association of employers or any employer or employers that is not approved and registered under this Act shall be void and of no force or effect."; (b) inserting after subsection (1) as inserted by this Act the following subsection :- " (1A) The Full Bench of the Commission may make a general ruling exempting from the operation of any provision of this section any agreement or class of agreement relating to an industrial matter and the provisions in respect of which the general ruling is made shall, while that general ruling remains in force, cease to apply to the extent provided therein.". 10. Amendment of s. 90. Section 90 of the Principal Act is amended by omitting subsection (1) and the note appearing in and at the beginning thereof and substituting the following note and subsection:- " Registration of agreement . (1) The registrar shall register every industrial agreement approved by the Commission.".

666 Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 11. Amendment of s. 97. Section 97 of the Principal Act is amended by- (a) in subsection (2), (i) omitting the words " six months (or such extended period longer than six- months but not longer than twelve months as the industrial magistrate may allow)" and substituting the words " twelve months "; (ii) omitting all words commencing with the word " aforementioned " to the end of the subsection and substituting the words " twelve months next preceding the date of the application "; (b) in subsection (5), omitting the words " six months (or such extended period longer than six months but -not longer than twelve months as an industrial magistrate may allow)" and substituting the words " twelve months "; (c) in subsection (7), omitting the words " period of six " and substituting the word " twelve "; (d) in subsection (11), omitting the words " a period of six months (or such extended period longer than six months but not longer than twelve months as an industrial magistrate may allow)" and substituting the words " twelve months "; (e) adding at the end thereof the following subsection:-- (12) In the case of- (a) an application made under subsection (2) by or on behalf of a person whose employment in respect of which the application is made has been terminated; (b) a prosecution referred to in subsection (5) concerning an employee or employees whose employment in respect of which the prosecution is instituted has been terminated; (c) a demand made under subsection (7) concerning an employee whose employment to which the demand relates has been terminated; (d) a claim made under The Wage Acts, 1918 to 1954 by or on behalf of a person whose employment in work in respect of which the claim is made has been terminated, the provisions of subsection (2), (5), (7) or, as the case may be, the proviso to subsection (11) apply as if any period of time referred to therein were expressed to be that period after or, as the case may be, next preceding the date of termination of such employment.". 12. Repeal of and new s. 98. The Principal Act is amended by repealing section 98 and substituting the following section:- " 98. Power to direct secret ballots . (1) Where a strike that involves a cessation of work occurs, the Commission- (a) may of its own motion; and (b) shall, upon the application of- (i) an industrial union of employees; or

Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 667 (ii) not less than 20 per centum of the employees engaged in the project , establishment or undertaking in which the strike has occurred, direct the registrar or an industrial magistrate to conduct in the manner , on a date and at a place specified in the direction a secret ballot of all employees or members of an industrial union of employees engaged in the project, establishment or undertaking in which the strike has occurred or, if the direction so specifies, of such of those employees or members as are on strike , with a view to ascertaining in any case the number of employees or members so engaged who are in favour of the strike. The registrar or industrial magistrate shall, if the direction so specifies , conduct separate secret ballots of members of different industrial unions of employees. All matters or things with respect to secret ballots to which this section applies shall be as prescribed. (2) Officers of the Public Service and members of the Police Force shall assist the registrar or industrial magistrate in the execution , with respect to the taking of a secret ballot under this section , of such powers or duties conferred or imposed upon the registrar or industrial magistrate as he may direct or require. (3) The registrar or industrial magistrate shall cause the result of a secret ballot taken under this section to be published by advertisement in a newspaper or newspapers circulating in the locality concerned. (4) If a secret ballot so taken indicates that a majority of- (a) those employees or members engaged in the project, establishment or undertaking at which the strike has occurred ; or, as the case may be, (b) those employees or members so engaged who are on strike, is not in favour of the strike , the registrar or industrial magistrate shall, in the advertisement referred to in subsection (3), specify a date being a date not less than seven days after the date of publication of the advertisement on or before which those employees or members who are on strike are required to return to work and those employees or members shall comply with that requirement. (5) An employee or member who , without reasonable cause proof of which shall lie on him , fails to return to work on or before the date specified pursuant to subsection ( 4) shall be taken to have terminated on and from that date the employment in which he was engaged at the date on which the strike occurred. For the purposes of this subsection, disagreement by an employee or member with the result of a secret ballot held under this section does not constitute reasonable cause.".

668 Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 13. Repeal of and new s. 99 . The Principal Act is amended by repealing section 99 and substituting the following section:- 99. Offences with respect to secret ballots. (1) A person- (a) shall not resist or obstruct or attempt to resist or obstruct the registrar or industrial magistrate or an officer of the Public Service or a member of the Police Force or other person directed or authorized by the registrar or industrial magistrate in the exercise or performance of any duty imposed or any act directed or authorized to be done in the taking of a secret ballot; (b) on any road, street or premises at or near the place where a secret ballot is being taken- (i) shall not threaten or intimidate or attempt to threaten or intimidate or obstruct or attempt to obstruct the free passage of an employee proceeding to or attending at that place for the purpose of voting at that ballot; (ii) shall not induce or attempt to induce an employee not to vote or to vote in a particular manner at that ballot ; (c) shall not obstruct or attempt to obstruct an employee or a person in the performance of an act directed or authorized to be done with respect to the taking of a secret ballot; (d) shall not by any threat or intimidation prevent or attempt to prevent an employee or a person in the performance of an act directed or authorized to be done with respect to the taking of a secret ballot; (e) shall' not vote or attempt to vote at a secret ballot unless he is entitled to vote thereat and has received from the registrar or industrial magistrate charged with taking the ballot a ballot paper; (f) shall not- at a secret ballot vote or attempt to vote in the name of another person; (g) who is entitled to vote at a secret ballot, shall not mark a ballot paper that relates to that ballot other than the ballot paper received by him from the registrar or industrial magistrate charged with taking that ballot. Penalty: $400. A member of the Police Force may arrest without warrant a person found by him committing any offence specified in subparagraph (a), (b), (c) or (d) and may institute a prosecution in respect of such offence. (2) For the purposes of this section, " secret ballot " means a secret ballot pursuant to section 98. (3) To the extent that this section is inconsistent with section 534 of The Criminal Code this section shall prevail and the provisions of section 534 of The Criminal Code shall to the extent of the inconsistency be of no force or effect.".

Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 669 14. Amendment of s. 101 . Section 101 of the Principal Act is amended by, in subsection (1), inserting after provision (a) the following provision:- " (aa) is a Safety Representative appointed under the ConstructionSafety Act1971-1973; or ". 15. Amendmen t of s. 136 . Section 136 of the Principal Act is amended by- (a) in subsection (1), adding at the end thereof the following paragraphs:- "An officer who enters any place, premises, ship, vessel or aircraft pursuant . to an authority given under this subsection shall, immediately upon entry and before he exercises any power conferred upon him by that authority, give notice of his presence to the employer or his delegate. The presence on or in any place, premises, ship, vessel or aircraft of an officer who has not given notice in accordance with this paragraph renders him a trespasser. The last preceding paragraph does not apply in a case where due to the remoteness of any place, premises, ship, vessel or aircraft it is not practicable for an officer to give to an employer or his delegate notice of the officer's presence therein or thereon or where, upon entering any place, premises, ship, vessel or aircraft, the officer discovers that the employer is absent therefrom and has not appointed a delegate to act in his stead during such absence."; (b) in subsection (3), inserting after the word " concerned " the words " has (save in the circumstances specified in the last paragraph of subsection (1)), on any occasion, failed immediately upon entry to any place, premises, ship, vessel or aircraft pursuant to an authority given under subsection (1) to report his presence to the employer or his delegate or ". 16.A mendmen ts in respect of penalties and other moneys. Every section of the Principal Act the number of which is set forth in the first column of the Schedule is amended by omitting from that section the words in the second column of that Schedule set opposite the number of the section and substituting the words in the third column of that Schedule set opposite the words so omitted from that section.

670 Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 SCHEDULE [s. 18] First Column . Second Column Third Column Section 8 (1) (b) (iv)j one hundred pounds .. .. ! $400 Section 14 (7) two hundred and fifty pounds $1 000 Section 17 (14) one hundred pounds .. .. ( $400 Section 19 (6) one hundred pounds .. $400 Section 24 (a) one hundred pounds .. .. $400 Section 39 (3) one hundred pounds .. .. $400 Section 47 (3) fifty pounds $200 two hundred and fifty pouncis $1 000 five pounds .. .. .. $20 Section 50 (2) one hundred pounds . . .. $400 Section 56 (13) one hundred pounds .. .. $400 Section 57 (7) one hundred pounds wherever $400 in each case occurring Section 58 (5) . . one hundred pounds Section 58 (6) one hundred pounds $400 Section 60 (1) one hundred pounds $400 Section 60 (2) one hundred pounds $400 Section 61 (2) five pounds $20 Section 62 (2) five shillings $1 Section 74 (3) one hundred pounds $400 Section 77 (5) one hundred pounds $400 Section 82 (2) one hundred pounds $400 Section 85 one hundred pounds $400 Section 86 (7) one hundred pounds $400 Section 88 (4) one hundred pounds $400 Section 96E five pounds $20 fifty pounds $200 ten pounds $40 one hundred pounds $400 Section 101 (3) one hundred pounds $400 Section 102 (7) five hundred pounds $2000 fifty pounds .. $200 Section 104 (1) one hundred pounds $400 Section 105 one hundred pounds $400 Section 106 (1) one hundred pounds $400 Section 107 one hundred pounds $400 Section 108 five pounds .. $20 one hundred pounds $400 Section 109 (1) five pounds .. $20 one hundred pounds $400 Section 110 twenty pounds $80 Section 112 one hundred pounds .. $400 ten pounds . . $40 Section 113 (1) five pounds wherever occurring $20 in each case ten pounds wherever occurring $40 in each case fifty pounds $200 one pound $4 twenty pounds wherever $80 in each case occurring one hundred pounds wherever $400 in each case occurring two hundred and fifty pounds $1 000

Industrial Conciliation and Arbitration Act Amendment Act 1975, No. 66 671 SCHEDUL E-continued First Column Second Column ! Third Column Section 113 (3) .. ! ten pounds $40 fifty pounds $200 twenty pounds $80 one hundred pounds $400 Section 113 ( 6) .. one thousand pounds $4000 Section 114 ( 3) .. ten . . $40 fifty pounds $200 twenty five $100 one hundred pounds $400 fifty . . $200 two hundred and fifty pounds $1 000 Section 121 (4) .. I one hundred pounds $400 Section 126 ( 4) .. ( one hundred pounds . . $400 Section 130 (2) . + one hundred pounds $400 Section 132 (4) .. one hundred pounds $400 Section 134 ( 2) .. ten . . $40 twenty $80 one hundred pounds wherever $400 in each case occurring two hundred and fifty pounds $1 000 Section 136 ( 2) .. I one hundred pounds wherever $400 in each case occurring Section 139 (2) .. j fifty pounds .. .. .. ; $200