Industrial Conciliation and Arbitration Act Amendment Act of 1930 (21 Geo v No. 42) (Qld)

LABOUR. 21 GEO. V. No. 42, 1930. Industrial Oonciliation, Etc., Act. 13009 An Aot to Amend "The Industrial Conoiliation 21 NGo. eo 4 . 2. V. and Arbitration Aot of 1929" in oertain THE partioulars. INDUSTRIAL CONCILIA. TION AND [ASSENTED TO 24TH DECEMBER, 1930.] TAIROBNITARCAT· B E it enacted by the King's Most Excellent Majesty, i~ E~ ~ ~ ~ : O~ by and with the advice and consent of the Legis- lative A.ssembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Industrial Short title Oonciliation and ArbitrationAct Amendment Act of: ~ ! truction. 1930," and shall be read as one with *" The Industrial Oonciliation and ArbitrationAct of 1929," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Industrial Oonciliation and Arbitration Acts, 1929 to 1930." Amendments of the Principal Act. 2. Section five of the Principal Act is amended aSAmendment follows :- of s. 5. Paragraph (n) is amended by omitting the words -.;, matter, whether industrial or not," and inserting the words "industrial matter" in lieu thereof. 3. In proviso numbered (i) of section six of the Amendment Principal Act, the words "casual workers such as," of s. 6. occurring before the words "noxious-weed destroyers," are repealed. 4. In subsectIOn three of section ten, the words Amendment "three months," where they thrice occur, are repealed, of s. 10. and the words "fourteen days" are respectively inserted in lieu thereof. 5. The following provisions are added to section Amendment fifteen of the Principal Act, namely :_ of s. 15. "Moreover, if the Conciliation Commissioner is satisfied that the parties are unable to agree, he shall, subject to appeal to the Court as prescribed in' section eleven of this Act, have full jurisdiction, power, and authority to make an award for the calling or callings or groups of callings for which he is constituted a Board: * 20 Geo. V. No. 28, 8upra, page 12565.

13010 LABOUR. ----------------------------- Industrial Conciliation, Etc., Act. 21 GEO. V. No. 42, Provided, however, that where any application for an award or varjation of an award involves an increase or decrease in the maximum weekly working hours, the Conciliation Commissioner shall forthwith suhmit such portion of the application to the Court constituted as prescribed by section fourteen of this Act for a declaration as to the standard hours in the calling or callings concerned, or any section of such calling or callings." Amendment 6. In subsection one of section twenty-three, after of s. 23. the words "or vary," the words "any industrial agreement or" are inserted. oAfm s. en2d8.ment word 7 s . " Itnhrseuebsemcotinotnhsn,i"newohferseecttihoeny ttwherinctey-eoicgchutr, , tahree repealed, and the words "fourteen days" are respectively inserted in lieu thereof. Amendment 8. Section forty-three of the Principal Act is of s. i3. amended by insertmg the following proviso after subsection one of section forty-three of the said section, namely:- "Provided that on the application of any person bound by an award, and where it considers it advisable in the public jnterest so to do, the Court may prohibit any industrial union of employees or any employer or industrial un)on or association of employers from making or enforcing an industrial agreement inconsistent with the said award." 9. After section fifty-two of the Principal Act, the following new section is inserted, namely:- New s. [52A] "[52A.J The Court or Board shall, on the application Piecework. of any party or person interested, fix the rates and conditions of piecework or payment by results, or prescribe an incentive wage in any industry or calling or any section or sections of any industry or calling in any case where such Court or Board is of opinion that it is to the advantage of such industry or calling or any section or sections of any industry or calling so to do." Repeal of s. 10. Section fifty-seven of the Principal Act is 5 in 7 saenrtdion of repealed, and the following new section is jnserted in new s. [57J. lieu thereof :- Abolition of "[57.J Notwithstanding anything contained in this preference. Act or in any other Act or law or rule of law or usage or practice or process of law to the contrary, it is hereby

LABOUR. 13011 1930. Indttstrial Conciliation, Etc., Act. declared that the Court (whether constituted by the Judge sitting alone or constituted by the Judge and two Conciliation Commissioners) or Conciliation Commissioner or Board shall not have power or jurisdiction to award preference to employees being members of ,any union or orgap.isation, or to employees not belonging to any union or organisation; and nothing contained in this Act or in any other Act or la,w or rule of law or usage or practice or process of law shall be construed so as to give. the Court (whether constituted by the Judge sitting alone or constituted by the Judge and two Conciliation Commissjoners) or Conciliation Commissioner or Board such power or jurisdiction. Save as hereinafter provided, all subsisting awards or industrial agreements or orders made or purporting to have been made under the authority of this Act, or deemed by virtue of section four to have been made under this Act,· awarding preference to' members of any union or organisation are, to the extent to which they so award such. preference, hereby rescinded, and shall to such extent have no force or effect whatever: Provided always that any subsisting award or industrial agreement or order awarding preference to employees who are returned sailors and/or soldiers shall, to the extent to which such award, agreement, or order awards such preference, have and continue to have full force and effect : Provided, however, that nothing in the foregoing provisions of this section shall be construed to prevent or otherwise limit the power of any union to collect any contributions from any employee which may be mutually agreed upon for or in respect of any superannua- tion or benevolent or provident fund, or for any like purposes, to the satisfaction of the Registrar." 11. After section sixty-two of the Principal Act, the following new section is inserted, namely :- "[62A.] Notwithstanding anything contained in thiSRallioning of Act or in any award or industrial agreement to the work. contrary, any employer may apply to a Conciliation Commissioner or to an industrial magistrate for permission, under circumstances as set forth hereunder, to divide the work available to employees among his employees and to employ such employees on part time only.

13012 LABOUR. Industrial Conciliation, Etc., Act. 21 GEO. V. No. 42, 1930. Such permission· as aforesaid may be granted if the Conciliation Commissioner or industrial magistrate is satisfied that the approval of the application of the employer will obviate the necessity of the retrenchment of any of his employees, or will otherwise relieve unem- ployment or prevent further unemployment, or is in the best interests of the employer and employees concerned. The permission as aforesaid (if granted) shall be in writing signed by the Conciliation Commissioner or industrial magistrate, as the case may be, and shall specify therein the time within which such permission shall operate: Provided that application for renewal of such permission may be made by the employer from time to time. Such permission shall set forth therein the minimum ordinary working hours which the employer may work his employees in any week, or may provide for the laying- off of employees for such periods of time as the circum- stances may warrant and as prescribed in such permission, or may provide therein such general pro- visions, terms, conditions, and stipulations as shall be calculated to obviate the necessity of the retrenchment of the employees of the employer, or as shall be calculated to relieve unemployment or prevent further unemployment, or as shall be calculated to be in the best interests of the employer and employees concerned. Where in respect. of any such permission, the -employee works for part of a week, the wage payable to such employee in respect of such part of a week shall not be less than a' wage which bears the same proportion to the weekly wage prescribed in the award or industrial agreement concerned as the time worked by the employee in the week bears to the ordinary weekly working hours prescribed in such award or industrial agreement. On the consideration of any such application the Conciliation Commissioner or industrial magistrate may ascertain the wishes of the employees concerned. A copy of any such permission granted as aforesaid shall be forwarded by the Conciliation Commissioner or industrial magistrate to the Registrar, who shall record the same accordingly and notify the union concerned."

LABOUR-=-LAND) CROWN. 13013 21 GEO. V. No. 43,1930. Land Act8 Amendment Act. 12. The following new section 65A is inserted after section sixty-five of the Principal Act :- " [65A.] Notwithstanding anything to the contrary J~ niors and contained in this Act, the following provision shall apply mmors. in respect of any junior or minor (being in each case a person under twenty-one years of age) not being subject to the jurisdiction of *" The Apprentice8 and Minor8 Act of 1929," namely :- The Court or Board shall in any award prescribe the rates of wages to be paid to juniors or minors, which rates shall be on a progressive scale based on the rates of wages payable to adult workers in the same calling, and the Court or Board shall in the making of any such award take into consideration the age and/or experience of such juniors or minors." LAND, CROWN. Land Act8 Amendment Act of 1930 21 Geo. V. No. 43 Prickly-pear Land Act8 Amendment Act of 1930 21 Geo. V. No. 28 An Act to Amend" The Land Acts, 1910 to 1929," 21 NGo. eo 4 . 3V. . and other Acts in certain particulars. THE LAND ACTS [ASSENTED TO 24TH DECEMBER, 1930.] AMENDMENT ACT OF 1930. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The LandAct8 Short title Amendment Act of 1930," and shall, so far as any :~ ~ struction amendments of or references to t" The Land Act8, 1910 of Act. to 1929," are concerned, be read as one with t" The Land Act8, 1910 to 1929," hereinafter collectively referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Land Act8, 1910 to 1930." * 20 Geo. V. No. 37, supra, page 12533. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. (See Alphabetical Table.) N