Industrial Conciliation and Arbitration Act Amendment Act of 1963 (Qld)

273 iituPits la nn ANNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 43 of 1963 An Act to Amend "The Industrial Conciliation and ArbitrationAct of 1961 ," in certain particulars [.AssErrtm T O 18 TH DECEMBER, 1963] 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. (1) Short title . This Act may be cited as "The Industrial Conciliation and Arbitration Act Amendment Act of 1963." (2) Principal Act. " The Industrial Conciliation and ArbitrationAct of 1961," is in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Industrial Conciliation and Arbitration Acts, 1961 to 1963."

274. Industrial Conciliation and Arbitration Act Amendment Act of 1963, No. 43 2. Amendment of s. 47. Section forty-seven of the Principal Act is amended by adding the following subsection:- (3.) Any industrial union which- (a) fails to admit to its membership a person, who is entitled to be admitted to membership of that union pursuant to the provisions of subsection (1.) of this section, within three months of the date of that person's application made in that behalf or, when a question or dispute within the application of subsection (2.) of this section has, within that period, been referred to the Court for its determination, within one month of the date of the Court's determination thereon; or (b) fails to provide a person who- (i.) is entitled to be admitted to membership of that union, or to remain a member thereof, pursuant to the provisions of subsection (1.) of this section; and (ii.) has complied with the rules of that union which relate to obtaining membership thereof or to a renewal of such membership, with a union ticket in respect of such compliance within one month of the date of such compliance, shall be guilty of an offence which shall be deemed to be a continuing offence, and shall be liable to a penalty of not less than fifty pounds nor more than two hundred and fifty pounds and, in addition, shall be liable to a penalty not exceeding five pounds for each day during which such failure constituting the offence continues. In this subsection the term " union ticket " means a receipt, document or writing acknowledging that the person named therein is a member, or has renewed his membership of the industrial union or that he has complied with the rules of the industrial union relating to the obtaining of membership thereof or to the renewal of such membership." 3. Amendments of s. 97. Section ninety-seven of the Principal Act is amended by- (a) omitting subsection (6.); (b) renumbering subsection (7.) as subsection (6.) and by omitting from that subsection the words "; and the said clerk of petty sessions shall deal with all such sums of money in the same manner in which moneys held by him in trust for litigants are prescribed to be dealt with "; (c) inserting after subsection (6.), as so renumbered by this Act, the following subsections:- " (7.) Upon demand made by an industrial inspector, an employer shall pay to such industrial inspector to the credit of the employee concerned any amount due and unpaid to any employee of any money earned by such employee (or, if due and unpaid in respect of any leave by way of annual holidays, sick leave or long service leave, which became due) within the period of six months next preceding the date of such demand.

Industrial Conciliation and Arbitration Act Amendment Act of 1963, No. 43 275 An industrial inspector shall, forthwith upon the payment to him of any moneys under this subsection give to the person making the payment a receipt therefor. The receipt of an industrial inspector for money paid to him under this subsection shall be a good discharge to the employer to the amount mentioned in the receipt. An industrial inspector may, pursuant to this subsection, demand payment from an employer of any amount due and unpaid to an employee, whether or not the employee has left the employment of the employer concerned, but in the case of an employee who has left the employment of the employer, the provisions of subsection (6.) of this section do not apply with respect to any amount paid to an industrial inspector under this subsection. Any amount of money paid to an industrial inspector under this subsection may be paid by him to the employee to whose credit the payment was made and, if not paid to such employee within thirty days after payment thereof to the industrial inspector, shall be paid by him to the Department of Labour and Industry to the credit of such employee. (8.) Upon a prosecution of an employer for an offence against subsections (6.) or (7.) of this section, the industrial magistrate shall, in addition to any penalty he may impose upon the defendant, order the defendant to pay all moneys the subject of the offence. (9.) An order made by an industrial magistrate under this section, whether upon application or in the event of a prosecution, shall be enforceable as if it were an order made by such industrial magistrate sitting as a court of petty sessions , and the provisions of " The Justices Acts, 1886 to 1963," shall apply and extend accordingly. (10.) Any amount of money paid to a clerk of petty sessions under this section (including an amount so paid under an order made pursuant to this section) may be paid by him to the employee to whose credit the payment was made and, if not paid to such employee within thirty days after payment thereof to the clerk of petty sessions, shall be paid by him to the Department of Labour and Industry to the credit of such employee."; (e) renumbering subsection (8.) as subsection (11.). 4. Amendment of s. 113 . (1.) Subsection (1.) of section one hundred and thirteen of the Principal Act is amended by adding the following paragraph:- "An employee who receives from an employer, or from anyone on his behalf, and an employer who, and any person on his behalf who, pays to an employee a remuneration less than that to which such employee is entitled under an award or industrial agreement, shall be deemed to commit a breach of such award or industrial agreement." 5. New s. 114A inserted . The Principal Act is amended by inserting after section one hundred and fourteen the following section:- " [114A.] Soliciting of business to be transacted outside of lawful trading hours prohibited . (1.) When there is published any statement which is intended or apparently intended to promote the business carried

276 Industrial Conciliation and Arbitration Act Amendment Act of 1963, No. 43 on in a factory or shop and which states, implies or suggests that at a time during the hours when that factory or shop is required by law to be closed- (a) the factory or shop will be open to the admission of the public for any purpose of trade or the inspection of goods; or (b) any goods will be sold or offered for sale in the factory or shop; or (c) any person will be in attendance at the factory or shop or at any other place for the receipt, by any means, of- (i.) orders for goods; or (ii.) requests for the demonstration of goods, or the delivery of goods on approval, the following persons shall be guilty of an offence against this Act:- A. the person who publishes or causes to be published such statement; and B. the occupier of the factory or shop the business of which is intended, or apparently intended, to be promoted by the publication of such statement. (2.) The occupier of a factory shall not be liable under the provisions of subsection (1.) of this section by reason only of the fact that goods manufactured wholly or in part at his factory are mentioned by a trade name or any other name in such statement. (3.) A statement shall be deemed to have been published within the meaning of subsection (1.) of this section if it is communicated to any person by way of the spoken or written word or by way of pictorial or other visual representation. (4.) In this section the terms " factory " and " shop " have respectively the meanings respectively assigned to those terms by " The Factories and Shops Acts, 1960 to 1963." (5.) In respect of the publication of any statement in contravention of this section the provisions of subsections (4.) and (5) of section one hundred and nine of this Act shall, with and subject to all necessary adaptations, apply in relation to every person other than the occupier of the factory or shop the business of which is intended or apparently intended to be promoted by such publication." 6. Amendment of s. 136. Section one hundred and thirty-six of the Principal Act is amended by adding thereto the following subsection:- " (4.) In this section and in section one hundred and twenty-six of this Act, the term " officer " means any person who, in relation to an industrial union or a branch of an industrial union, is- (a) an officer as defined in section five of this Act; or (b) a bona fide employee who requires to make in the course and for the due performance of his employment any entry mentioned in this section or inspection mentioned in section one hundred and twenty-six of this Act:

Industrial Conciliation and Arbitration Act Amendment Act of 1963, No. 43 277 Provided that the term does not include any employee of a person other than the industrial union concerned- (a) who, in the course of his employment is required at any time or from time to time to be in or on or to enter the place, or premises , or ship, or vessel or aircraft in question ( or in the case of any ship, vessel or aircraft , the place or premises whereat or wherein the same is); or (b) who , in respect of any place , or premises , or ship , or vessel or aircraft other than that in question ( or, in the case of any ship, vessel or aircraft other than that in question, the place whereat or wherein it is) which in the course of his employment he is required at any time or from time to time to be in or on or to enter , is the representative or delegate of such union or of employees engaged in any calling in respect of which such union is registered."