Industrial Conciliation and Arbitration Act Amendment Act 1976 (Qld)

126 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 16 of 1976 An Act to amend the Industrial Conciliation and Arbitration Act 1961-1975 in certain particulars [ASSENTED TO 15TH APRIL, 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. (2) The Industrial Conciliation and Arbitration Act 1961-1975 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 Act Amendment Act 1976, No. 16 127 2. Amendment of s. 29 . Section 29 of the Principal Act is amended by adding at the end thereof the following subsection:- " (5) The jurisdiction conferred on the Commission by subsection (3) or (4) shall not be exercised save of the Commission's own motion or on the application of- (a) the Minister; (b) an industrial union; (c) an employer; or (d) a person who satisfies the Commission- (i) that he is not an officer of a trade union that is not registered under this Act; and (ii) that in making the application he is not acting on behalf of a trade union that is not registered under this Act.". 3. Amendment of s. 32. Section 32 of the Principal Act is amended by- (a) in subsection (1), omitting the second paragraph and substituting the following paragraph:- " The Commission shall not vary a decision or reopen a proceeding in which the decision was made save on the application of- (a) the Minister; (b) a party to the proceeding to which the application relates or in which was made the decision to which the application relates; (c) an industrial union whose members are bound or claim to be affected or aggrieved by the decision to which the application relates or made in the proceeding to which the application relates; (d) a person who is bound or claims to be affected or aggrieved by the decision to which the application relates or made in the proceeding to which the application relates and who satisfies the Commission- (i) that he is not an officer' of a trade union that is not registered under this Act; and (ii) that in making the application he is not acting on behalf of a trade union that is not registered under this Act."; (b) in subsection (3), inserting after the words " by such award the words " and if he is a person on whose application the Commission is authorized under subsection (1) to vary a decision or reopen a proceeding ". 4. New s. 60A. The Principal Act is amended by inserting after section 60 the following section:- " 60A. Membership of union of person not an employee. (1) A person shall not induce or attempt to induce another person to become a member of or to continue his membership in an industrial union of employees unless that other person is an employee. Penalty: S400.

128 Industrial Conciliation and Arbitration Act Amendment Act 1976, No. 16 (2) Where a person is convicted of an offence against subsection (1), the court by which he is convicted shall order him to pay to the person at whom the inducement or attempt to induce was directed the amount paid by him as a result of the inducement or attempted inducement by way of fees or dues for admission to membership of or for continuance of membership in the industrial union of employees in question.".