Industrial Conciliation and Arbitration Act Amendment Act 1989 (Qld)

541 INDUS771r7UAL CONCILIATION AND ARBITRATION A CT AMENDMENT ACT No. 45 of 1989 ANALYSIS OF CONTENTS 1. Short title 2. Citation 3. Amendment of s. 2. Parts of Act 4. Repeal of ss. 94A and 94n and new sections in lieu Meaning of terms Nature of voluntary employment agreement Parties to voluntary employment agreement Effect of voluntary employment agreements in certain respects 5. Repeal of ss. 94c to 94G and new sections in lieu Making of agreement Registration of agreement Minimum conditions for employment 6. Repeal of ss. 94H to 94L and new sections n lieu Construing certain provisions of agreement Persons bound by agreement Continuance in force of agreement Enforcement of agreement 7. Repeal of s. 94M and new sections in lieu Commission's jurisdiction to declare agreement or provision void Industrial Magistrate's jurisdiction to declare agreement void Persons authorized to apply for voidance of agreements Variation of agreement Resolution of conflict between agreements Notification of prospective employee re agreement 8. Repeal of s. 94N and new sections in lieu Access to agreement through IndustrialRegistrar Evidentiary value of copy of agreement 9. New s. 94T Association of employees 10. Amendment of s. 109. Publication of statements in regard to working at less than award rates 11. Effect of Act on existing agreements etc.

542 ANNO TRICESIMO OCTAVO ELIZABETH AE SECUNDAE REGINAE An Act to amend the Industrial Conciliation and Arbitration Act 1961-1988 in certain particulars [ASSENTED TO 5TH MAY, 1989]

Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 543 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. This Act may be cited as the Industrial Conciliation and Arbitration Act Amendment Act 1989. 2. Citation . (1) In this Act the Industrial Conciliation and Arbitration Act 1961-1988 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Industrial Conciliation and Arbitration Act 1961-1989. 3. Amendment of s. 2. Parts of Act. Section 2 of the Principal Act is amended in the reference to Part VIA by omitting the expression "94N" and substituting the expression "4T". 4. Repeal of ss. 94A and 94B and new sections in lieu. The Principal Act is amended by repealing sections 94A and 94B and substituting the following sections: "94A. Meaning of terms. In this Part, except where a contrary intention appears- (a) "employees" does not include persons who are- (i) members of ambulance transport brigades provided and maintained under the Ambulance Services Act 1967-1988; (ii) fire safety officers, firemen, or other members of fire brigades appointed under the Fire Brigades Act 1964-1988; (iii) employees in hospitals administered under the Hospitals Act 1936-1988; (iv) employees of Local Authorities within the meaning of the Local Government Act 1936-1988, or of Brisbane City Council; (v) employees who are officers of the public service or employed in public employment within the respective meanings of those expressions in the Public Service Management and Employment Act1988; (vi) employees for the purposes of the Railways Act 1914-1985; i) employees in such other callings or of such employers as are declared by Order in Council to be callings to which or employers to whom this Part does not apply; (b) "industrial union of employees" does not include an industrial union of employees to the extent that its members are persons referred to in paragraph (a).

544 Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 94B. Nature of voluntary employment agreement. (1) A voluntary employment agreement is an agreement made in accordance with this Part with a view to regulating (wholly or partially) the conditions of employment in any calling or callings in any business, establishment, or undertaking to which an award or industrial agreement is applicable. (2) Without limiting the possible scope of operation of a voluntary employment agreement,, the operation of an award or industrial agreement in relation to any matter provided for therein, or required by this Act, or deemed pursuant to this Act, to be provided for therein, may be varied (wholly or partially) by a voluntary employment agreement except as prescribed by sections 94D, 94G, and 94H. 94c. Parties to voluntary employment agreement. (1) A voluntary employment agreement may be made in accordance with this Part between an industrial union of employers, or any employer or employers, and an industrial union of employees in respect of (a) any calling or callings in respect of which the industrial union of employees is registered; or (b) any business, establishment, or undertaking in which the employees are members of the industrial union of employees. (2) A voluntary employment agreement may be made in accordance with this Part between an employer and not less than 65 per centum of his employees whose conditions of employment would be affected by the agreement when duly registered by the Industrial Registrar, in respect of his employees engaged in any calling or callings to which the agreement is to relate, in his business, establishment, or undertaking. (3) A voluntary employment agreement may be made in accordance with this Part between- (a) a person who conducts any business, establishment, or undertaking, or proposes to conduct any business or undertaking, or to set up an establishment in connexion with a business already being conducted, and who proposes to employ, for the first time, one or more employees in the business, establishment, or undertaking; and (b) the employee or prospective employee who is first to be employed in that business, establishment, or undertaking, in respect of employment in any calling or callings in that business , establishment , or undertaking. (4) An agreement made under subsection ( 3), when duly registered by the Industrial Registrar , shall apply only in respect

Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 545 of the calling or callings to which it relates, engaged in at the place where the relevant business , establishment , or undertaking is conducted, or is proposed to be conducted or set up, at the time the agreement is made. 94D. Effect of voluntary employment agreements in certain respects . (1) A voluntary employment agreement shall not purport, and shall not be construed , to provide for conditions of employment less favourable to employees than the provisions of sections 14 (1) (b), (3), (5), (6), or (7) but may- (a) vary the operation of the provisions required by section 14 ( 2) to be contained in an award or industrial agreement or of section 14 (4); and (b) without limiting the manner of its operation, in varying the operation of the provisions of an award, industrial agreement, or section 14, suspend the operation of all or any of those provisions wholly or partially. (2) A voluntary employment agreement when duly registered by the Industrial Registrar shall, subject to this Part, be given effect according to its terms for as long as it continues in force.". 5. Repeal of ss. 94c to 94G and new sections in lieu. The Principal Act is amended by repealing sections 94c to 94G, inclusive, and substituting the following sections:- "94E. Making of agreement . (1) Before a voluntary employment agreement is made under section 94c (2), if the number of employees concerned is more than one, a secret ballot shall be taken of all employees who would be parties to the agreement or would become bound by the agreement immediately upon its taking effect. Unless the result of the ballot shows that not less than 65 per centum of the employees approves the making of the agreement proposed, the agreement shall not be made. (2) A secret ballot may be conducted by a person who- (a) is independent of anyone who would be a party to the agreement or would become bound by the agreement immediately upon its taking effect; and (b) if a description of person is prescribed by the regulations for the purposes of this subsection, is of a prescribed description, or may be conducted by any person on behalf of the employees of whom the ballot is to be taken. (3) A voluntary employment agreement shall be in writing and signed by or on behalf of all persons expressed therein to be parties thereto, and the signatures shall be witnessed by a justice.-

546 Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 If any party to the agreement is a minor, the agreement shall have annexed the consent in writing of his parent or guardian to the agreement. 94F. Registration of agreement . (1)A voluntary employment agreement is of no effect until it is registered by the Industrial Registrar. (2) The Industrial Registrar shall not register a voluntary employment agreement within seven days following the day on which it is lodged with him for registration. (3) The Industrial Registrar shall not register a voluntary employment agreement unless- (a) he is satisfied that the agreement conforms to the requirements of this Part; (b) he holds the certificate of the Chief Industrial Inspector, or his authorized delegate, certifying- (i). as to the award or awards or industrial agreement or agreements that is or are relevant to the voluntary employment agreement; (ii) that the agreement conforms to the requirements of sections 94G and 94H or, where the agreement is one that varies an existing voluntary employment agreement, which conformed to those requirements (whether before or after the passing of the Industrial Conciliation and Arbitration Act Amendment Act 1989), that the variation agreement does not negate or interfere with that conformity, that to the best of his knowledge and belief no provision of the agreement purports to render, or has the effect of rendering, inoperative or inapplicable in respect of the employment to which the agreement relates a provision of any Act or law of the State or of a law of the Commonwealth relevant to that employment, other than to the extent permitted by this Part or that Act or law; and (c) in the case of an agreement made under section 94c (2) for which a secret ballot was taken, he holds a statutory declaration or statutory declarations, made under and in accordance with the Oaths Act1867-1988 by or on behalf of the employees who are parties to the agreement, declaring- (i) as to the person who conducted the secret ballot that approved the making of the agreement; (ii) that the ballot was properly and fairly conducted and no duress was exercised in relation to it; (iii) that each person who was entitled to vote and did vote in the ballot was provided with a clear and

Industrial Conciliation and Arbitration Act Amendment 547Act 1989, No. 45 legible copy of the agreement before the ballot was taken, and was entitled in the ballot to indicate his approval or disapproval of the agreement. (4) If at any time before he registers a voluntary employment agreement made under section 94c (2) the Industrial Registrar receives a written submission from at least 20 per centum of the employees who would be bound by the agreement upon its taking effect, particularising irregularities in the conduct of the ballot taken in respect of the agreement and requesting that a secret ballot be conducted by an independent person, such as is referred to in paragraphs (a) and (b) of section 94E (2), the Industrial Registrar, if he thinks such action to be justified, shall refrain from registering the agreement and shall arrange with the parties to the agreement- (a) that a secret ballot, as requested by the submission, be conducted; and (b) that evidence of the result of the ballot be furnished to him. (5) Subject to subsections (2), (3) and (4), the Industrial Registrar shall register any voluntary employment agreement lodged with him for registration. (6) An employer of employees whose conditions of employment areaffected by a registered voluntary employment agreement shall- (a) as soon as is practicable, cause a copy of the agreement to be given to each of his employees on whom the agreement is or becomes binding; or (b) cause a true copy of the agreement to be affixed and maintained in some conspicuous place in every premises in which the agreement is applicable so as to be easily read by those employees in those premises. 94G. Minimum conditions for employment . (1) Entitlement under a voluntary employment agreement to annual leave, payment for statutory holidays, sick leave or long service leave, if they are not the entitlements provided for by the relevant award or industrial agreement, must be- (a) in respect of annual leave, at least 4 weeks per year for weekly workers and at least 5 weeks per year for continuous shift workers, on full pay in either case; (b) in respect of payment for statutory holidays, no less favourable to employees than the payments provided for by section 14 (3); (c) in respect of sick leave, at least 8 days per year on full pay, cumulative as provided by section 16 with

548 Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 payment limited to 13 weeks in any year but otherwise in accordance with that section; (d) in respect of long service leave, at least the leave provided for by section 17. (2) Notwithstanding the provisions of subsection (1), a voluntary employment agreement may provide that an employee shall or may forgo a part, not exceeding 50 per centum, of the leave entitlement in respect of annual leave in consideration of the payment to him (in lieu of the entitlement forgone) of an amount not less than the amount that would have been payable in respect of that part forgone had the whole of the entitlement to annual leave as provided by subsection (1) (a) been taken. (3) Where the effect of a provision of a voluntary employment agreement is that the remuneration payable to an employee, when calculated on an hourly basis, is less than the average hourly rate that would have been payable to him had the agreement not been made, the employee shall be entitled to remuneration that, when calculated on an hourly basis, equals that average hourly rate, in lieu of the remuneration provided for in the agreement. (4) In subsection (3), the expression "average hourly rate". means- (a) in relation to a full time employee, the equivalent or composite hourly rate or rates of pay for ordinary time shown in the wages clause of the relevant award or industrial agreement for the class or classes of work in which the employee is employed, as ordered for the time being by the Commission. (b) in relation to a part time employee, the equivalent hourly rate of pay for full time employees for ordinary time for the class or classes of work in which they are employed; (c) in relation to a casual employee, the equivalent hourly rate of pay for full time employees for ordinary time for the class or classes of work in which they are employed, plus a loading equivalent to 19 per centum of that rate.". 6. Repeal of ss. 94H to 94L and new sections in lieu . The Principal Act is amended by repealing sections 94H to 94L, inclusive, and substituting the following sections:- "94x. Construing certain provisions of agreement. (1) A registered voluntary employment agreement shall not take effect so as to deprive an employee of- (a) a right vested in, or benefit actually received by, him before the day on which the agreement takes effect; (b) an entitlement accrued to him on account of annual leave, sick leave, or long service leave or on account

Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 549 of payment in respect of such leave before the day on which the agreement takes effect. (2) A provision of a voluntary employment agreement that, but for this subsection, would have the effect of- (a) restricting an employee's right to terminate his employment; or (b) restricting an employer ' s right to terminate an employee's services, in the manner provided for in the award or industrial agreement that would be applicable, but for the voluntary employment agreement, shall be of no force or effect. (3) To the extent that a provision of a voluntary employment agreement would have the effect of reducing the contributions that would be payable by an employer under an award or industrial agreement to an occupational superannuation fund for his employees had the voluntary employment agreement not been made, the provision shall be of no force or effect. Subject to the preceding paragraph, a voluntary employment agreement may provide for which fund, being one approved in accordance with Commonwealth operational standards for occupational superannuation funds, shall be the occupational superannuation fund into which such contributions are to be paid. (4) Where, in making provision for rates of remuneration payable to employees pursuant to a voluntary employment agreement, reference is made to the equivalent or composite hourly rates of pay for ordinary time shown in the wages clause of the award or industrial agreement applicable to the class or classes of work to which the voluntary employment agreement applies, the agreement shall further provide that those hourly rates of pay are as ordered from time to time by the Commission. If a voluntary employment agreement does not so further provide as prescribed by this subsection, it shall be construed as if it did so further provide. 941. Persons bound by agreement . A registered voluntary employment agreement, as initially made or as varied for the time being by another registered such agreement, is binding on- (a) the parties to the agreement; (b) every member for the time being of an industrial union of employers that is a party to the agreement, being a member of a class to which the agreement applies; (c) every employee, whether or not a signatory to the agreement , who at any time while the agreement continues in force- (i) is employed by an employer on whom the agreement ( being one made under section 94c (1))

550 Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 is binding, in a calling to which the agreement applies, or in a business, establishment or undertaking to which the agreement applies; (ii) is employed by an employer on whom the agreement ((being one made under section 94c (2) or (3)) is binding, in a calling, to which the agreement applies, in a business, establishment or undertaking to which the agreement applies; (d) every person to whom any business, establishment or undertaking, to which the agreement applies, is transmitted, by operation of law or by agreement, from any person on whom the voluntary employment agreement is binding. 941. Continuance in force of agreement . (1) Every voluntary employment agreement other than one that merely varies an existing such agreement, shall make provision for a term, specified therein, for which the agreement is intended to continue in force. A term so specified shall be not less than 12 months or more than 3 years. (2) Unless it is sooner terminated in accordance with this section, a registered voluntary employment agreement, as initially made or as varied for the time being by another registered such agreement, shall continue in force for the term specified therein and, upon expiry of that term, shall continue in force until it is terminated in accordance with this section. (3) A registered voluntary employment agreement may be terminated at any time after the expiry of 12 months from the day on which it is registered, and before the expiry of the term specified therein for its intended continuance in force, by giving to the Industrial Registrar a notice in writing signed by or on behalf of- (a) the parties to the agreement, if it is one made under section 94c (1); (b) the employer and more than 35 per centum of his employees on whom the agreement is binding, if it is one made under section 94 (c) (2) or (3). Every signature to the notice of termination shall be witnessed by a justice. (4) A registered voluntary emplo y ment agreement that has continued in force beyond the expiry of the term specified therein foi its in eildeC c oii iiiiu aiice in oic c in a ; y iii, termina =t ed at any time by at least one month ' s notice in writing given to the Industrial Registrar and- (a) if the agreement is one made under section 94c (1), given by any party to the agreement to the other party or parties thereto; (b) if the agreement is one made under section 94c (2) or (3), given by- (i) the employer to his employee or employees on whom the agreement is binding; (ii) more than 35 per centum of the employees on whom the agreement is binding to the employer.

Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 551 (5) For the purposes of subsection (3) or (4), a notice signed by any employee on behalf of and with the written authority of other employees who desire, and are entitled, to terminate a voluntary employment agreement shall be deemed to have been duly signed by those other employees. (6) A person who gives a notice of termination of a voluntary employment agreement under subsection (4) shall give a copy of the notice to the Industrial Registrar. 94K. Enforcement of a g reement . A registered voluntary employment agreement is enforceable in the same manner as if it were an award.". 7. Repeal of s. 94M and new sections in lieu . The Principal Act is amended by repealing section 94m and substituting the following sections:- "94L. Commission ' s jurisdiction to declare agreement or provision void . (1) On application therefor made to it by a person authorized so to do by section 94N the Commission, if it is of the opinion that a registered voluntary employment agreement, or any provision thereof, is unfair to any person on whom the agreement is binding, or is harsh or unconscionable or is against the public interest- (a) may declare the agreement to be void from a date no earlier than the date on which the application was filed with the Commission, and may direct the Industrial Registrar to cancel the registration of the agreement; or (b) if in its opinion the provision in question is severable from the remainder of the agreement, may- (i) with the consent of the parties to the agreement, if it is one made under section 94c (1); or (ii) with the consent of the persons on whom the agreement is binding, if it is one made under section 94c (2) or (3), declare the provision to be void from a date no earlier than the date on which the application was filed with the Commission, and further, if the consenting parties or persons agree on a replacement provision, may direct the Industrial Registrar to insert in the registered copy of the agreement the replacement provision so agreed in lieu of that declared void. (2) An agreement or a provision declared by the Commission under subsection (1) to be void shall be taken to be of no force or effect in accordance with the declaration, subject to subsection (3), and when a direction given by the Commission under subsection (1) (b) has been complied with, the agreement in question shall be taken to have been varied accordingly.

552 Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 (3) An agreement or provision declared by the Commission under subsection (1) to be void may be enforced in respect of any entitlement or liability that arose under the agreement or provision at a time before it is to be taken to be of no force or effect, if the claim to enforce that entitlement or liability is brought within the relevant limitation period according to law. (4) Unless it is otherwise provided by the agreement, and except as is prescribed by subsections (1) and (2), the Commission is not authorized to vary the provisions of a registered voluntary employment agreement but, subject thereto, the Commission may exercise all of its jurisdiction in respect of such an agreement as if it were an award. (5) Proceedings before the Commission under this section may be heard in public or in camera at the discretion of the Commission. 94M. Industrial Magistrate's jurisdiction to declare agreement void. (1) Jurisdiction is hereby conferred on every Industrial Magistrate to inquire into, hear and determine, in the exercise of his summary jurisdiction, the matter of- (a) whether or not a registered voluntary employment agreement conforms to the requirements of this Part; (b) the correctness of the certificate of the Chief Industrial Inspector, or his authorized delegate, furnished to the Industrial Registrar in connexion with the registration of a voluntary employment agreement and of any belief certified therein; (c) the truth, falsity and accuracy of a statutory declaration furnished to the Industrial Registrar in connexion with the registration of a voluntary employment agreement. (2) Upon the matter of the validity of a registered voluntary employment agreement being raised before him- (a) by application made to him by a person authorized so to do by section 94N; or (b) as an issue properly raised in any proceedings before him by a person on whom the agreement is said to be binding, an Industrial Magistrate shall inquire into and hear and determine all or any of the matters (as the case may require) in respect of which jurisdiction is conferred by subsection (1) and if he determines that there is a defect affecting the making or registration of the agreement, which justifies his so doing, he may declare the agreement to be wholly void, in accordance with this section. A defect in respect of an agreement shall not justify an Industrial Magistrate exercising jurisdiction under this subsection if it appears to him to be a mere technicality or otherwise insubstantial.

Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 553 (3) If the Industrial Magistrate finds that the defect concerned is due to wilful misfeasance of an employer or an industrial union of employers, or an agent of either of them acting within the scope of his authority, he may declare the agreement to be void from and including the date of its registration by the Industrial Registrar. If the Industrial Magistratefinds that the defect concerned is due to wilful misfeasance of an employee or an industrial union of employees, or an agent of either of them acting within the scope of his authority, he may declare the agreement to be void from and including the date on which the relevant application was filed with him or, as the case may be, the date on which the relevant issue was raised before him. In neither case referred to in this subsection is the Industrial Magistrate obliged to declare an agreement void from a date earlier than the date on which the declarationis made. (4) Where an Industrial Magistrate has declared a registered voluntary employment agreement to be void, the clerk of the court shall cause written notification of the decision and the particulars thereof to be given to the Industrial Registrar, who, subject to any appeal from the magistrate's decision, shall cancel registration of the agreement. (5) An agreement declared by an Industrial Magistrate under subsection (2) to be void shall be taken to be of no force or effect in accordance with the declaration, subject to subsection (6). (6) An agreement declared by an Industrial Magistrate under subsection (2) to be void may be enforced in respect of any entitlement or liability that arose under the agreement at a time before it is to be taken to be of no force or effect, if the claim to enforce that entitlement or liability is brought within the relevant limitation period according to law. (7) Proceedings before an Industrial Magistrate under this section may be heard in open court or in camera at the discretion of the Industrial Magistrate. 94N. Persons authorized to apply for voidance of agreements. The persons who are authorized to make application to the Commission or an Industrial Magistrate to have a registered voluntary employment agreement or any provision thereof, declared to be void are- (a) any party to the agreement; (b) any person on whom the agreement is binding; (c) the Minister. 940. Variation of agreement . (1) Any number of voluntary employment agreements may be made with a view to regulating conditions of employment or to vary any award, industrial agreement, or the permissible provisions of section 14, and to that end a registered voluntary employment agreement may at

554 Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 any time vary any other registered voluntary employment agreement. (2) The provisions of a registered voluntary employment agreement may be varied by the Commission, but only to the extent, or in the circumstance, excepted from the operation of section 94L (4). 94r. Resolution of conflict between agreements . In the event that a provision of a registered voluntary employment agreement made under section 94c (1) is inconsistent with a provision of a registered voluntary employment agreement made under section 94c (2) or (3), the provision of the latter agreement shall, within the area of its application, prevail and the provision of the former agreement shall, within that area, be of no force or effect. 94Q. Notification of prospective employee re agreement. Before an employer who is a party to or is bound by a voluntary employment agreement engages the services of a person as an employee in any calling, business, establishment, or undertaking to which the agreement applies he shall give to that person- (a) access to a copy of the agreement for his perusal; or (b) notice of the existence of the agreement and an accurate summary of the agreement's provisions that would be relevant to that person.". 8. Repeal of s. 94N and new sections in lieu . The Principal Act is amended by repealing section 94N and substituting the following sections:- ' 94R. Access to agreement through Industrial Registrar. (1) The Industrial Registrar is authorized to provide a copy of a registered voluntary employmentagreement to- (a) a party to the agreement; (b) a person on whom the agreement is binding; (c) any association of employees formed under section 94T whose members are persons on whom the agreement is binding; (d) the Minister; (e) the Commission; (f) an Industrial Magistrate; (g) an industrial inspector, and to no other person. (2) The Industrial Registrar is authorized to permit perusal of a copy of a voluntary employment agreement registered after the passing of the Industrial Conciliation and Arbitration Act Amendment Act 1989 by a person authorized in writing for the purpose by an industrial union that has coverage of persons on whom the agreement is binding and that has made written

Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 555 application to the Industrial Registrar to be allowed access to the agreement. (3) Before any person is permitted to peruse a copy of a registered voluntary employment agreement the particular agreement to be perused must be identified to the Industrial Registrar. 94s. Evidentiary value of copy of agreement . In all proceedings a document purporting to be a copy of a voluntary employment agreement and to be certified by the Industrial Registrar as a true copy of the original thereof shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the original thereof and that the agreement was made and registered in acordance with this Part, and shall be admissible in evidence without the need to call for production of the original thereof.". 9. New s. 94T. The Principal Act is amended by adding after section 94s the following section:- "94T. Association of employees . (1) For the purposes of this Part employees engaged in one or more callings within the one business, establishment, or undertaking may form and register with the Industrial Registrar associations of employees to facilitate the making, registration, variation, and enforcement of a voluntary employment agreement and securing observance of the requirements of this Part in respect of a voluntary employment agreement. (2) An association of employees formed for the purposes of this Part may be registered in respect of one calling or two or more callings within a business, establishment, or undertaking. The coverage of an association of employees formed for the purposes of this Part is limited to employees engaged in any calling or callings within one business only but may extend to employees engaged in the calling or callings at all, or any one or more, of the establishments where the business is carried on. An association of employees is not entitled to be registered as an association of employees formed for the purposes of this Part if its proposed coverage includes any part of the coverage of a registered association of employees formed for the purposes of this Part. Business carried on by corporations that, pursuant to section 7 of the Companies (Queensland) Code, would be deemed to be related to each other for the purposes of that Code shall be deemed, for the purposes of this Part, to constitute one business. (3) The registered name of a registered association of employees shall contain the words "association of employees" and the name of the business in which its members are employed. (4) Upon and during registration, an association of employees formed for the purposes of this Part shall become and be, for the purposes of this Act, a body corporate by its registered name, having perpetual succession and a common seal.

556 Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 (5) Where members of a registered association of employees formed for the purposes of this Part are employees whose conditions of employment are to be affected by the making of a voluntary employment agreement, the association may be a signatory to the agreement as agent only of such employees whose conditions of employment are to be so affected as are its members. (6) The provisions of this Act applicable to industrial unions and their officers, other than- paragraphs (b) and (d) of section 46 (1); section 46 (2), (3) and (4); section 53; apply to a registered association of employees formed for the purposes of this Part and its officers, subject to the provisions of this section, but such an association (a) shall be registered by the Industrial Registrar as an association of employees; (b) shall not thereby acquire the status of an industrial union of employees; and (c) shall be entitled to the benefits of and shall have the responsibilities of an industrial union except that it shall not be entitled to appear in proceedings unless the proceedings relate to- (i) a voluntary employment agreement that is binding on members of the association; (ii) the registration of the association and matters that might affect that registration, (iii) the property of and business affairs of the association. (7) A registered association of employees formed for the purposes of this Part is not entitled to continue to be so registered if- (a) a voluntary employment agreement that is binding on members of the association is not made and registered by the Industrial Registrar within 6 months following the date of the association's registration; or (b) where a voluntary employment agreement that is binding on members of the association has expired or been terminated, a fresh voluntary employment agreement that is binding on members of the association is not made and registered by the Industrial Registrar within 6 months of the date of the expiry or termination. The Industrial Registrar may cancel the registration of an association that is not entitled to continue to be registered.".

Industrial Conciliation and Arbitration Act Amendment Act 1989, No. 45 557 10. Amendment of s. 109 . Publication of statements in regard to working at less than award rates . Section 109 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) A person who publishes, or causes to be published, a statement that has the effect of indicating that a person is ready and willing to employ another, or to be employed by another, at a rate of wages less than the rate of wages applicable to the calling to be engaged in under the employment by reason of the application of the relevant award, a relevant voluntary employment agreement, a relevant proposed voluntary employment agreement, which if duly made would be registerable by the Industrial Registrar, or any relevant provisions of this Act, whichever applicable rate is the greater rate appropriate to the particular case, is guilty of an offence against this Act and is liable to a penalty of 16 penalty units.". 11. Effect of Act on existing agreements etc. (1) The amendment of the Principal Act by this Act does not affect the validity or effect of a voluntary employment agreement made, approved, and registered pursuant to Part VIA of the Principal Act before the passing of this Act. (2) Proceedings commenced before the passing of this Act in relation to a voluntary employment agreement made, approved and registered pursuant to Part VIA of the Principal Act before the passing of this Act shall be continued and disposed of in accordance with Part VIA of the Principal Act, as if this Act had not been passed. (3) A voluntary employment agreement made and lodged for registration pursuant to Part VIA of the Principal Act before the passing of this Act shall be taken to have been duly made and registered if it is approved and registered pursuant to Part VIA of the Principal Act or, with the consent of all parties to the agreement, it is dealt with pursuant to Part VIA as enacted by this Act.