Industrial Conciliation and Arbitration Act Amendment Act 1976 (No. 2) (Qld)

980 (Uurruslaltt ANNO VICESIMO QUINTO ELIZABETHAE SEC [JNDAE BEGIN AE No. 81 of 1976 An Act to amend the Industrial Conciliation and Arbitration Act 1961-1976 in certain particulars [ASSENTED TO 16TH DECEMBER, 1976] 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 1976 (No. 2). (2) The Industrial Conciliation and Arbitration Act 1961-1976 (being the Industrial Conciliation and Arbitration Act 1961-1975 as amended by the Industrial Conciliation and Arbitration Act Amenchnent Act 1976) 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 1961-1976.

Industrial Conciliation and Arbitration , Etc., Act (No. 2) 1976, No. 81 981 2. New s. 21A. The Principal Act is amended by inserting after section 21 the following section:- 6421A. Right of employer to stand down employees in certain cases. (1) Notwithstanding anything contained in this Act or in any award or industrial agreement, an employer may stand down any employee without pay on any day or part of a day on which the employee cannot be usefully employed because of the occurrence of anything for which the employer is not responsible or over which he has no control. (2) (a) Any employee stood down by an employer pursuant to subsection (1) may appeal to an industrial magistrate against his being so stood down. (b) Jurisdiction is hereby conferred on industrial magistrates to hear and determine such appeals. (c) An industrial union of which the employee is a member may institute the appeal in its registered name on behalf of the employee. (3) An appeal shall be instituted within 21 days after the employee is stood down and, subject to section 120, shall be instituted, heard and determined as the industrial magistrate directs. (4) The industrial magistrate may dismiss an appeal or may allow it and, if he allows it, he may- (a) if the employee then remains stood down, order the employer to provide for the resumption of work by the employee either immediately or on a date determined by the industrial magistrate; (b) order that any wages, allowances or remuneration lost by the employee because of his being stood down be paid to him by the employer, and such order shall be enforceable as if it were an order made by such industrial magistrate as a magistrates court, and the provisions of the Justices Act1886-19'75 shall apply and extend accordingly. (5) In this section the expression " employer " includes the Crown.". 3. New s. 36A. The Principal Act is amended by inserting after section 36 the following section:- " 36A. Direction or order of a Commissioner in relation to strike or lock -out. A Commissioner may at any time issue such direction or make such order as he thinks fit in relation to any strike or lock-out, and any person who fails to comply with such direction or order shall be guilty of an offence and be liable to a penalty in the case of an industrial union or a body corporate not exceeding $2 000 and in any other case not exceeding $200.". 4. Repeal of ss. 70 , 71, 72 and 72A . Sections 70 , 71, 72 and 72A of the Principal Act are repealed.

982 Industrial Conciliation and Arbitration , Etc., Act (No. 2) 1976, No. 81 5. New s. 73A. The Principal Act is amended by inserting after section 73 the following section:- " 73A. Registrar to require industrial union to show cause in certain cases . (I) If the registrar has reason to believe, in a case coming to his notice, that an industrial union or any officer thereof has failed to comply with a direction or order issued or made by a Commissioner under section 36A or with an order made by the Commission under section 102, he shall issue to the industrial union a notice to show cause before the Full Industrial Court on a date specified in the notice why the Court should not suspend its registration. (2) If on the date specified or some other date to which the matter may be adjourned by the Court it appears to the Court that the industrial union or officer has failed to comply with the direction or order in question and that cause for so failing has not been shown to its satisfaction, it may order the registration of the industrial union to be suspended for such period or upon such conditions as it specifies in such order either wholly or as to one or more of the callings the union represents, and as to all or one or more of the areas or establishments in which such callings are carried on.". 6. Amendment of s. 98. Section 98 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words " that involves a cessation of work "; (ii) omitting the words " (a) may of its own motion; and " and substituting the following words:- " (a) may- (i) of its own motion; or (ii) upon the application of an employer or an industrial union of employers; "; (iii) inserting after paragraph (b) the following paragraph:- It (c) shall, if so directed by the Minister,"; (b) in subsection (4)- (i) omitting the word " at " occurring in paragraph (a) and substituting the word " in "; (ii) omitting the words " return to work " and substituting the words " discontinue the strike "; (c) in subsection (5), omitting the words " return to work " and substituting the words " discontinue the strike "; (d) omitting the words " or undertaking " wherever occurring in the section and substituting in each case the words " , undertaking or calling ". 7. New s. 124A. The Principal Act is amended by inserting after section 124 the following section:- " 124A. Minister may intervene in public interest . (1) The Minister may intervene in the public interest at any stage in any proceedings or in any matter in the Court or the Commission or before an industrial magistrate or the registrar.

Industrial Conciliation and Arbitration , Etc., Act (: Vo. 2) 1976, No. 81 95 (2) Upon such intervention the Minister shall be deemed to be a party.". 8. New s. 135A. The Principal Act is amended by inserting after section 135 the following section:- 135A. Averments in certain cases. The allegation or averment in any complaint in respect of an offence under section 36A or section 102 that any person is or is not an officer or a member of an industrial union shall be evidence of the matter so alleged or averred and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter.".