Industrial Conciliation and Arbitration Act of 1929 (20 Geo v No. 28) (Qld)

LABOUR. 20 GEO. V. No. 28, 1929. Industrial Conciliation and Arbitration Act. 12565 An Act to Make Better Provision for the lVIainten- 20 Geo. v. ance of Peace in Industry; to Provide for the N~~8. Regulation of the Conditions of Industries ICNoDNUOSILTTRAIA-L by means of Industrial Conciliation and 'hN AND Arbitration; to Establish an Industrial Court TIO~ ~ ~ and certain other Tribunals, and for other OF 1929. purposes. [ASSENTED TO 23RD DECEMBER, 1929.] B E it enacted by the King's Most Excellent Majesty, 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:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. This Act may be cited as "The Industrial Short title. Conciliation and ArbitrationAct of 1929." 2. This Act shall come into operation on a date to be Commence- proclaimed by the Governor in Council in the Gazette, ment of Act. which date is referred to as the commencement of this Act: Provided that the provisions of this Act relating to the constitution of the Court, the constitution of Con- ciliation Boards, and the appointment of Conciliation Commissioners and the Actuary and Statistician, may, if the Governor in Council by Order in Council so prescribes, take effect on the passing of this Act; and moreover any Orders in Council or regulations deemed necessary or expedient in regard to this Act may be promulgated 01' made on the passing of this Act. 3. This Act is divided into Parts, as follows:- Divisions of Aet. PART I.-PRELIMINARY; PART H.-INDUSTRIAL COURT; PART HL-CONCILIATION COMMISSIONERS AND CONCILIATION BOARDS; PART IV.-INDUSTRIAL AGREEMENTS; PART V.-GENERAL PROVISIoNS DEALING WITH COURT, CONCILIATION. COMMISSIONER, AND BOARDS;

12566 PART L- PRELIMINARY. LABOUR. Indttstrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, PART VI.-INDUSTRIAL UNIONS; PART VII.-GovERNMENT EMPLOYEES; PART VIII.-BREACHES OF AWARDS, AND OTHER OFFENCES; PART IX.-MISCELLANEOUS. Repeal and 4. Subject as is provided by this Act, either expressly savings. or by necessary implication, the Acts referred to in the [First First Schedule are repealed to the extent indicated in Schedule.] the Schedule, which Acts are herein referred to as the repealed Acts : & Artg c w . iasrtdras,tions, 0 f *" P T ro h v e id A e c d ts th S a h t o , rt w en it in h g ou A t c p t r s ej " u - dice to the operation (i.) - (a) All awards, orders, and industrial agree- ments, (b) All registrations of industrial unions, (c) All declarations or notifications under t" The Profiteering Prevention Act of 1920," made and registered under the powers and authorities of the repealed Acts and in force at the commencement of this Act shall, until rescinded or superseded, continue in force, and shall be deemed to have been made under this Act. In construing any such award, order, industrial agreement, or registration, refer- ences to the registrar shall be read as references to the registrar appointed under this Act, and references to the Board of Trade and Arbitration shall be read as references to the Industrial Court established by this Act: Provided that any such award or order shall be construed and have effect as if it had been modified so far as necessary in order to conform with the provisions of this Act, and any provision in any award or order inconsistent with sections six, fifty-three, and fifty~ seven of this Act shall not be enforceable: * 31 Vic. No. 6 and amending Acts, 8upra, pages 15 et seq. t 10 Geo. V. No. 33, supra, page 9213.

1929. J-<ABOUR. ------------ Tnd1lstrial Conciliation and ATbitration Act. 12567 PART 1.- PRELIMINARY. Provided further that no rule (including any domestic rule) of any industrial union which is inconsistent with the provisions of this Act shall be enforceable. In construing any declaration or notifi- cation under *" The Profiteering Prevention Act of 1920," references to the Board of Trade and Arbitration shall be read as references to the Commissioner of Prices under *" The Profiteering Prevention Act of 1920" as .amended by this Act. (ii.) All matters pending at such commencement Matt~ rs under the repealed Acts before the Board of pendmg. Trade and Arbitration may be continued under this Act, and shall be heard and deter- mined by the Industrial Court established by this Act or referred by such Court to a Conciliation Board or Conciliation Commis- sioner, and such power of reference by the Court to such Conciliation Board or Con- ciliation Commissioner is hereby conferred, and on such reference such Board or Concilia- tion Commissioner, as the case may be, shall have and shall exercise all necessary powers and authorities and jurisdiction accordingly: Provided that matters pending at such commencement under the repealed Acts under *" The Profiteering Prevention Act of 1920," before the Board of Trade and Arbitration, may be continued before the Commissioner of Prices under *" The Profiteering Prevention Act of 1920," as amended by this Act. (iii.) All documents relating to any matters or pro- Documents. ceedings under the repealed Acts and filed or deposited with the Board of Trade and Arbitration shall be handed over to the Industrial Court and filed with that Court. (iv.) The registrar appointed under the repealed Registrar. Acts and holding office at the commencement of this Act shall be deemed to have been appointed as registrar under this Act. (v.) All Rules of Court and regulations made Regulations. under the repealed Acts and in force at the * 10 Geo. V. No. 33, supra, page 9213. },1

12568 PART 1.- PRELDlINARY. LABOUR. Indllstrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, commencement of this Act shall, so far as IS consistent with this Act, be deemed to have been made thereunder. (vi.) The minimum wage declaration of the Court (also called "the basic wage declaration") existing at the commencement of this Act shall continue and be in force until a fresh declaration is made by the Court under this Act. Interpreta· 5. Subject to this Act, in this Act, unless the tion. context otherwise indicates, the following terms have the meanings respectively set against them, that is to say:- Award. "Award"-Award of a Conciliation Commissioner or of a Conciliation Board or of the Court: the term includes any variation of an award: the term, where necessary, also includes an industrial or other agreement made under the authority of this Act; Calling. Conciliation Board or Board. Conciliation Commis· sioner. " Calling"-Any calling, craft, business, or other occupation to which this Act applies; " Conciliation Board" or " Board"-A Conciliation Board appointed under the authority of this Act; "Conciliation Commissioner "-A Conciliation Commissioner appointed under the authority of this Act; "Court"-The Industrial Court established by this Act, or a Judge thereof: the term also where necessary includes the Court constituted by the Judge and two Conciliation Commissioners; Decision. "Decision" includes any award or order of the Court or of a Conciliation Commissioner or of a Board; Direct,or of Labour. "Director of Labour "-The Director of Labour appointed under *" The Labmtr Exchanges Act of 1915": the term where necessary includes any labour agent for the time being deputed under the said Act to act for the Director of Labour; Employee. " Employee"-Any employee, male or female, in any manner engaged or employed in a calling * 6 aeo. V. No. 6, supra, page 6851.

1929. LABOUR. Industrial Conciliation ancl ArbitrationAct. 12569 PART 1.- PRELIMINARY. by an employer in work subject to the direction and control of an employer, and whether the employee's remuneration is to be according to time or by a system providing for an incentive wage or on the basis of payment by results or otherwise howsoever: the term does not include- A State child within the meaning of *" The State Children Act of 1911 " ; Any member of a family in the employment of a parent; or Any aboriginal within the meaning of t" The Aboriginals Protection and Restriction of the Sale of Opium Acts, 1897 to 1901"; In every case where five or more persons, being or alleging themselves to be partners, are working in association in any calling or industry, each of such persons shall be classed as and be deemed to be an employee; and the partnership firm constituted by them, or alleged so to be, shall be deemed to be the employer of each such person; " E mp l oy " er - A ny person, company, corpora t' IOn, Employer. firm, or association employing one or Jllore employees, whether on behalf of himself or any other person: the term includes the managing director or the manager of any company, firm, or association, corporate or unincorporate, and every manager for any employer, also local authorities, harbour boards, water authorities, and all other local bodies constituted by or under any Act: for the purpose of constituting a Conciliation Board the term includes a director, manager, or superintendent of an· employer; " Improver"-An employee who, by direction of ImproveI'. the Court or Conciliation Commissioner (power to give such direction hereby being duly conferred) given in his case, is serving at a special wage a period of training with an employer for the purpose of becoming a - - - ~ ~ ~ - - - - ~ - ~ - - - ~ - - * 2 Geo. V. No. 11, supra, page 5076. t 61 Vie. No. 17 and amending Acts, supra, pages 3 et seq.

12570 PART 1.- PRELIMINARY. _ ---_ .... . . ~ - - - - ... LABOUR. Industrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, Industrial agreement. Industrial association or Industrial union. Industrial cause. Industrial demarcation. Industrial dispute. Industrial inspector. Tndustrial magistrate. Industrial matters. qualified worker in a calling: the term does not include a State child as aforesaid, or any aboriginal as aforesaid; "Industrial agreement" ~ A subsisting industrial agreement made under the repealed Acts or an industrial agreement made under this Act; . " Industrial association" or "Industrial union"- Any association, society, organisation, or union whatsoever of persons, firms, or companies, whether of employers or of employees, having as its principal object the protection or furtherance of the privileges, rights, or property of its members in connection with industrial matters: the term includes an industrial union; " Industrial cause" includes an industrial matter and an industrial dispute; " Industrial demarcation"-The determination of the claim of anyone class of employees to do any work to the exclusion of all other employees, or the claim to be paid at certain rates for certain work over and above the basic wage in relation to margin of skill required therein; "Industrial dispute"-Any dispute as to any industrial matter; "Industrial inspector"-An industrial inspector appointed under this Act or the repealed Acts; "Industrial magistrate"-An industrial magis- trate appointed under this Act or the repealed Acts; " Industrial matters"-Matters or things affecting or relating to work done or to be done, or too privileges, rights, or duties of employers or employees in any calling, or of persons who have been or who intend or propose to be or may become employer8 or employees in any calling, not involving questions which are or may be the subject of proceedings for an indictable offence:

1929. LABOUR. Industrial Conciliation and Arb,itration Act. 12571 PART 1.- PRELIMIN ARY. Without limiting the ordinary meaning of this definition, the term includes all or any matters relating to- (a) The wages, allowances, or remuneration of any persons employed or to be employed in any calling, or the fixation of rates and conditions of piecework, or work in which a system of payment by results, or an incentive wage obtains, or other rates or • prices paid or to be paid therein in respect of that employment, including the wages, allowances, or remuneration to be paid for work done during overtime or, subject to this Act, on holidays, or for other special work; (b) The hours of employment in any calling, including the lengths of time to be worked to entitle employees therein to any given wages, allowances, remuneration, or price&;, and what times shall be regarded as over- time; (c) The sex, age, qualification, or status of employees, and the mode, terms, and conditions of employment, including the question whether any persons shall be disqualified for employment in a calling; (d) Claims to have protective appliances, clothing, hot or cold water, and sanitary and bathing accommodation provided for the use of employees, and the fixing of standards of normal temperatures and atmospheric purity in working places below or above ground and the prescribing of shorter hours, higher wages, or other conditions in respect of persons employed under abnormal conditions or in abnormal working places, and the determination of what are abnormal conditions or abnormal working places; (e) The number or proportionate number of aged or infirm workers that may be employed by an employer in any calling, and the lowest prices or rates payable to them;

12572 PART 1.- PRELDIINARY. LABOUR. -------- --------------- - - - - Industrial Conciliation and Arbitratt:on Act. 20 GEO. V. No. 28, Industrial union. Judge. Lock·out. (f) The employment of any person or class of persons in any calling; (g) The right to dismiss or to refuse to employ or reinstate in employment any particular persons or class of persons in any calling; (h) Any established or alleged established custom or usage of any calling, either general or in any particular locality; (i) All matters prescribed; • (j) All questions of what is fair and right in relation to any industrial matter, having regard to the interests of the persons immediately concerned and of the com- munity as ~ a whole; (k) The regulation of the relations between employers and employees, or between employees and employees, or between employers and employers, and for this purpose the imposing of conditions on the conduct of any trade, business, industry, or enterprise, and the provision of benefits to persons engaged therein; (l) Trusts, combinations, and agreements in restraint of trade; (m) Any question of industrial demarcation·. (n) Any matter, whether industrial or not, which in the opinion of the Court has been, is, or may be a cause or contributory cause of a strike or lockout; "Industrial union"-An industrial union regis- tered as an industrial union under this Act; " Judge"-A Judge of the Court, or any acting Judge thereof; " Lock-out"-The act of an employer in closing his place of business or suspending or dis- continuing his business or any branch thereof, or a refusal or failure by an employer to continue to employ any number of his employees, with intent- (a) To compel or induce any employees to agree to terms of employment or comply with any demands made upon them by the said or any other employer; or

1929. LABOUR. Industrial Concil'iation and ArbitrationAct. 12573 PART 1.- PRELIMINARY. (b) To incite, instigate, aid, abet, or procure any other lock-out; or (c) To assist any other employer to compel or induce any employees to agree to terms of . employment or comply with any demands made by him; "Managerial office"-The office of an employee Managerial who is principally engaged in the direction office. and control of employees, but does not include the position of shopwalker, ganger, leading hand, or fdreman; "Minister"-The Secretary for Labour and In- Minister. dustry or other Minister of the Crown for the time being charged with the administration of this Act; "Prescribed"-Prescribed by this Act; Prescribed. "Registrar"-The industrial registrar appointed Registrar. under this Act: the term includes any deputy or assistant industrial registrar so appointed; "Regulations"-Regulations made under this Regulation!. Act; "Repealed Acts"-The Acts referred to in the Repealed First Schedule as being repealed, subject Acts. however as provided in section four of this Act; "Rules of Court"-Rules made by the Court Rules of under this Act; . Court. " Strike"-The act of any number of employees, Strike. who are or have been in the employment either 9f the same employer or different employers, in discontinuing their employment, whether wholly or partially, or in ceasing to work, or in refusing or failing to continue to work therein, or in breaking their contracts of service, or in refusing or failing after any such discon- tinuance or cessation of work to resume work or return to their employment, or wilfully delaying or obstructing the progress of work by what is known as the" go slow" method of strike, the said discontinuance, cessation, breach, refusal, or failure, or delay, or obstruction being due to or in pursuance of

12574 LABOUR. PART I.- PRELlMIRIRY. Industrial ConciMation and At'bitration Act. 20 GEO. V. No. 28, -------------- - ------------------ - - - - any combination, agreement, or understand- ing, whether expressed or implied, entered into by the said employees or any of them with intent- (a) To compel or induce any such employer to agree to terms of employment, or to employ or cease to employ any person or class of persons, or to comply with any demands made by the employees or any of them or by any other employees; or (b) To incite, instigate, aid, abet, or procure any other strike; or (c) To assist employees in the employment of any other employer to compel or induce that employer to agree to terms of employ- ment or to employ or cease to employ any person or class of persons or to comply with any demands made by any employees; This Act. " This Act"-This Act and all Orders in Council, Rules of Court, and regulations made under this Act: the term where necessary includes the repealed Acts. I n . { n A nl c i t c . ation appli 6 es . Stoaveall ascalnlienxgts hwehraetisnoaeftveerr parnodvidtoed, allthpisersAoncst whomsoever : Provideo. that- (i.) Nothing in this Act applies to any State child within the meaning of *" The State Ohildren Act of 1911 " or to persons engaged in domestic service or as gardener or handy man or yardman in private homes, or to persons engaged in a managerial office, or to persons employed in work such as is usually carried onin farming operations on dairy farms, fruit farms, or agricultural farms, or to casual workers such as noxious-weed destroyers, scrub cutters, ringbarkers, suckerers, or to j ackeroos, book and store keepers on stations; but this restriction shall not be construed to exclude from the provisions of this Act persons employed (a) in any capacity on farms in the sugar industry, * 2 Geo. V. No. 11, supra, page 5076.

1929. LABOUR. Industrial Conciliation and ArbitrationAct. 12575 - PART I.- PRELnUNARY. or (b) in connection with shearing operations, or (C) in butter factories or cheese factories, or factories engaged in the manufacture of articles of commerce prepared by such process of manufacture from primary produce; For the purposes of this paragraph (i.) the term "a person engaged in domestic service" shall, without limiting in any wise the ordinary meaning of the term, also mean and include an employee engaged in domestic duties in any hospital whose daily average of occupied beds does not exceed nine; also an employee engaged in domestic duties in any boarding or lodging house which provides accommodation for less than seven paying boarders or lodgers; and also a cook on a station who cooks for less than four em- ployees including overseers and jackeroos; And the term "J ackeroo" shall mean an employee who receives less than the wages prescribed for station hands and who, under an agreement with an employer, is obtaining experience in station work with a view to becoming an overseer, or manager, or owner, and who has separate quarters and conditions other than those of the ordinary station hand; (ii.) The Governor in Council may from time to time by Order in Council declare that any person or class of persons shall be excepted from the operations of this Act, and there- upon while such order remains unrevoked this Act shall not apply to any such persons. PART H.-THE INDUSTRIAL COURT. PART II.- THE INDUSTRIAl. COURT. 7. (1.) The Board of Trade and Arbitration is Abolition of hereby abolished and, subject as hereinafter provided, ~ oa~ d of d the members of the said Board of Trade and Arbitration A~ ~ i: r~ ~ n. shall go out of office. (2.) There is hereby established a Court, to be Constitution called the "Industrial Court," which shall be a court of of Court. record and shall have a seal which shall be judicially noticed.

12576 LABOUR. PART II.:C· THE INDUSTRIAL COURT. Industrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, (3.) The Governor in Council shall, by commission in His Majesty's name, appoint one of the Judges o~ the Supreme Court of Queensland to be the Judge of the Court: Provided that the President of the Board of Trade and Arbitration appointed under the repealed Acts may, subject to this Act, continue in office during the term of his appointment under the repealed Acts, and may be the Judge of the Court under this Act accordingly. Person (4.) Notwithstanding anything contained in any Act qbSueuapJlruiefdimegdee toof 1 oireula 0 w f taoppthoeinctionngtraaryJu, dthgee GofovtheernoSrupinreCmoeunCcoilurmt atyo, b ine Cour~ ~ay Judge of the Court, appoint by commission in His Jbued a g p e po o m f ~ ed MaJ' estY' s name any person qual 1 'fied t 0 be appom. t ed a the Court. Judge of the Supreme Court to be a Judge of the Court. Additional (5.) The Governor in Council may from time to time, bJuedges may and whenever he thinks fit, require anyone or more of appointed. the permanent Judges of the Supreme Court to act as Judge of the Court i;n addition to the Judge of the Court for such period as the Governor in Council thinks fit ; and every Judge of the Supreme Court so required to act as a Judge of the Court shall so act in that capacity and jurisdiction, and whilst so acting shall have and exercise all the like jurisdiction, authority, and powers of a Judge of the Court in addition to his jurisdiction, authority, and powers as a Judge of the Supreme Court. Illness or absence. Moreover, in the case of the illness or absence of the Judge of the Court the Governor in Council may appoint a Judge of the Supreme Court to act as Judge of the Court. Such Judge, whilst acting in the capacity of Judge of the Court, shall have and exercise all the juris- diction, authority, and powers of a Judge of the Court during such illness or absence as aforesaid. Remunera- tion. (6.) The Judge of the Supreme Court who under this Act is appointed Judge of the Court, or any other Judge of the Supreme Court who is appointed to act as Judge of the Court as hereinbefore provided, shall perform the functions of Judge of the Court under this Act without extra remuneration over and above the emoluments of his office as such Judge:

LABOUR. 1929. Industrial Concil1:ation and Ar'bitration Act. - _._-_. - ~ -- - - -- ~ .- ~ - Provided that if any person qualified to be appointed a Judge of the Supreme Court is appointed Judge of the Court, such person shall be paid such salary or remuneration for his services as the Governor in Council thinks fit. I 12577 PART n.- THE INDUSTRIAL COURT. (7.) If more than one Judge is sitting at the same More than time, each of them shall constitute the Court. one Judge. ~ (8.) A Judge of the Court, other than an acting Perio.d of .Judge, shall be entitled to hold office for a period not :!~ l.nt. exceeding five years, but shall be eligible for reappoint- ment. (9.) If the period of office of any Judge or acting Ex~ ension of Judge expires during the continuance of any investigation perIod. or any matter on which he has entered as Judge, the Governor in Council may (and from time to time. if necessary), without reappointment, continue him in office for such time as is necessary to enable him to complete such investigation or matter. 8. The Court may at any stage of the hearing of Assessors. any appeal or reference under this Act appoint two assessors for the purpose of assisting it in relation to the appeal or reference concerned, and the assessors shall discharge such duties as are directed by the Court or as are prescribed. One of the assessors shall be a person nominated by such of the parties to the industrial cause as in the opinion of the Court have interests in common with the employers, and the other shall be a person nominated by such of the parties to the industrial cause as in the opinion of the Court have interests in common with the employees: Provided, however, that the Court may appoint such assessors without nomination in the hearing of an industrial cause or the holding of an investigation. Assessors shall receive such fees for their services as may be fixed by the Governor in Council in any particular case, or as may be prescribed. Regulations may be made to give full effect to the objects of this section. " 9. (1.) The Governor in Council may from time to Appointment time appoint an officer, to be called the Actuary and/or ~ ~ tctuary Statisticia:q., whose duty it shall be to aid the Court or a Statistician. Board or Conciliation Commissioner in respect of

12578 LABOUR. PART II.- Tm: INDUSTRIAL COURT. Industrial Conciliation and Arbitration A.et. 20 GEO. V. No. 28, industrial causes, investigations, declarations, or appeals brought before such Court or Board or Conciliation Commissioner, as the case may be. Such Actuary and/or Statistician shall, on being required so to do, furnish the Court or Board or Conciliation Commissioner with any statistical information which the Court or Bo'ard or Conciliation Commissioner may require in respect of such industrial cause, investigation, declaration, or appeal. Such Actuary and/or Statistician shall, if requested so to do, advise the Court or Board or Conciliation Commissioner as to what the probable economic effect of any award or declaration may be in relation to the community in general and/or the probable economic effect thereof upon the industry or industries concerned. ~ t~ ~ : ; i~ i: : : d (2.) For the purposes of this section such Actuary to have and/or Statistician shall, for the purposes of this Act, ~ ~ ; : ~ s~ : on, have all the powers, authorities, and protection of a commission under *" The Official Inquiries Evidence Acts, 1910 to 1929," or any Act passed in substitution for or any amendment of those Acts. . Such Actuary and/or Statistician shall be an officer of the Public Service and shall be attached to the office of the Registrar-General or Bureau of Statistics or other body which may hereafter be appointed or prescribed. Collection of (3.) For the purpose of enabling any statistics to statistics. be co 11 ected, t he Registrar- Genera Ianld la prescrI' bed persons shall, to the best of their knowledge and belief, when required by the Actuary and/or Statistician so to do~ fill up and supply, in accordance with the instructions contained in or accompanying the prescribed form, the particulars specified in that form, or such other further particulars as may be requested. Information (4.) Every person shall, to the best of his knowledge s to up b p e lied, and belief, answer all questions asked him by the Actuary and/or Statistician or by any duly authorised officer in that behalf necessary to obtain any information required for the purpose of any statistics to be collected. (5.) Moreover, such Actuary and/or Statistician may obtain such information and statistics as he may require from the Registrar-General or Bureau of Statistics or _other .body which may hereafter be appointed or prescribed: * 1 Geo. V. No. 26, supra, page 748, and 20 G30. V. No. 2 (this volume).

LABOUR. 12579 1929. Indusin'aZ Conciliation and Arbitmtion Act. PART 11.- THE INDUSTRIAL COURT. (6.) Provided that any statistical information which may be supplied to the Court or Board or Conciliation Commissioner in accordance with the provisions herein- before set forth shall be made available to the parties to the industrial cause in any case where, in the opinion of the Court or Board or Conciliation Commissioner, such statistical information does not include any matters of a confidential and private nature. 10. (1.) Subject to this Act, the Court shall have Jurisdiction jurisdiction over all industrial causes in any calling which of Court. are referred to it, or such jurisdiction as is conferred upon it under the provisions of this Act, or such jurisdiction as is prescribed. Moreover, the Court shall have exclusive jurisdiction to deal with questions of interpretation in respect of an industrial matter. (2.) Subject to this Act the Court shall not- (a) Except with the consent of a Board, or unless a Board has under subsection three hercof been shown to have been guilty of delay, entertain any industrial matter in respect of which such Board is about to make an award; or (b) Interfere with any award except on an appeal or intervention duly brought as hereinafter provided. (3.) Notwithstanding anything contained in the last What preceding subsection, any matters or things in relation matters to t ,0 an I ' ndus t n ' aI cause concernI'nhg w ' 10 h an agreemen t tboe Creofuerrtr. ed has been arrived at by the parties before a Board shall, to the extent to which an agreement has been arrived at, form an agreement under this Act and shall be registered as such by the Board. And moreover the only matters or things in relation to an industrial cause which shall be referred to the Court in respect of such industrial cause are such matters and things which the Conciliation Commissioner certifies as being matters or things upon which no agreement can be arrived at before the Board and concerning which there have been several genuine attempts to come to an agreement within the space of three months before such reference, and which the Commissioner considers it reasonable and desirable that the Court should decide an.d determine :

:L2580 LABOUR. PART 11.- THE INIJUSTRlAL COURT. Industrial Concilirliion alld ArbitrationAct. 20 GEO. V. No. 28, Provided, however, in the case of a dispute which in the pubJic interest the Conciliation Commissioner thinks it desirable shall be referred to the Court before the expiration of three months, such ConcHiation Commissioner is hereby empowered to refer such dispute to the Court at any time within such space of three months, which he in his discretion thinks fit. Where appt'allies to Court. PowelS of Court on appeal. 11. (1.) Subject to this Act and except as herein provided, there shall be no appeal to the Court against any award of a Board or any part of the proceedings of a Board: Provided that an appeal may be brought by any person bound by the award or aggrieved by the pro- ceedings or by any industrial association interested thereon, on the ground that the Board, before making the award concerned or in proceedings for the variation of the award or in the certifying of any agreement, did not observe the bases as laid down by this Act. (2.) When an appeal is made against an award or part thereof, such award (if the whole award is appealed against) or any part of an award (if part of an award only is appealed against) shall be automatically suspended: Provided however, that if such appeal is not allowed, the award shall take effect from the original date thereof, and the paI~ t thereof appealed against shall take effect from the original date of the award of which the part appealed against formed part. (3.) On an appeal, the Court shall allow any person or industrial association interested to become a party to the proceedings, and may take fresh evidence, and shall have all the powers and authorities of a Board, and may confirm, vary, or rescind the award or make a new award, or may make such other orders as it thinks proper. (4.) The term "Board" shall, where necessary for the purposes of sections ten and eleven, mean and include a Conciliation Commissioner. Ster: er~ l. 12. Notwithstanding anything contained in this ~ ~ r~ ~ ~H: : 5~ ~ ~ t~ Act, the Court shall have all the powers and jurisdiction of the Supreme Court in addition to the powers and jurisdiction conferred by this Act, and may hear and determine all questions arising under this Act, whether of law or fact, including any question which may be

1929. LABOUR. - -- ~ -- - -- - -- - -- - - - --- Industr,ial Concniation ana ArbitrationAct. 12581 PART II.- THE INDUSTRIAL COURT. brought before it or which it may deem it expedient to hear and determine for the purpose of regulating any calling or callings, and any question arising out of an industrial matter or involving the determination of the rights and duties of any person or industrial union in respect of an industrial matter, and any question which it may deem expedient to hear and determine in respect of an industrial matter, and any industrial dispute as to which a conference has been held under this Act, and as to which no agreement has been reached, and which has been referred to the Court accordingly. 13. (1.) The Court may from time to time declare Power to general rulings relating to any industrial matter for the declar~ guidance of suitors before it and of Boards, and in order ~ ~ ~ ~ ~ ~ . to prevent a multiplication of inquiries into the same matters. (2.) Such declarations shall be prima facie binding 'Which shall as decis~ ~ ns. of the CO~H~ upon t~ e Cour~ and aJ?-y Board ;:cf:t7:ding. or ConCIlIatIOn CommIssIOner or mdustrIal magIstrate. . (3.) Without limiting the generality of the power Instanc~ s of conferred by the two immediately preceding subsections, such rulmgs. the Court may from time to time make declarations as to- (a) The cost of living; (b) The standard of living; (c) The minimum rate of wages to be paid to persons of either sex (also referred to as the "basic wage"); (d) The standard hours: Provided that- (i.) The minimum wage of an adult male employee shall be not less than is sufficient to maintain a well-conducted employee of average health, strength, and competence, and his wife and a family of three children in a fair and average standard of comfort, having regard to the conditions of living prevailing among employees in the calling in respect of which such minimum wage is fixed, and provided that in fixing such minimum wage the earnings of the children or wife of such employee shall not be taken into account;

12582 PARI'II.- THE INDUSTRIAL COURT. LABOUR. - --- ~-- --- -- - -- - -- - - - - - ~ - - - ~ -- Industrial Oonciliation and ArbitrationAct. 20 GEO. V. No. 28, (ii.) The minimum wage of an adult female employee shall be not less than is sufficient to enable her to support herself in a fair and average standard of comfort,' having regard to the nature of her duties and to the conditions of living prevailing among female employees in the calling in respect of which such minimum wage is fixed. Basic wage (4.) Subject as hereinbefore provided, the Court shall ahnoudrsst.andard from t" Ime t 0 t" Ime have Iexc" uSIve J"UrI.Sd" 10 tIO" n ' In respect of declaring what shall be- (a) The minimum rate of wages to be paid to persons of either sex (also referred to as the "basic wage"); (b) The maximum weekly hours to be worked (called the" standard hours") in industry or in respect of particular industries. Moreover, in declaring such minimum rate of wages the Court may declare an hourly rate and/or a daily rate and/or a weekly rate of wage, either generally or in respect of specified industries. Court to (5.) It shall be the duty of the Court, as soon as dmeacklaerations conveniently 'possible after the commencement of this a.s to basic Act, to make declarations as to- wage and standard (a) The basic wage; hours. (b) The maximum weekly hours to be worked in industry (called the" standard hours"). (6.) The Court in its decisions or declarations shall take every reasonable care to avoid unnecessary dupli- cation or overlapping with awards made by the Common- wealth Court of Conciliation and Arbitration constituted under the provisions of * The Commonwealth Conciliation and Arbitration Acts 1904-1928 or any Act amending the same. (7.) The Court shall, in the matter of making declarations in regard to the basic wage or standard hours, take into consideration the probable economic effect of such declaration in relation to the community in general and the probable economic effect thereof upon industry or any industry or industries concerned. * Commonwealth Acts, Vols. XXIV. page 171, and xxv. page 18, and 1928 Act.

LABOUR. 12583 PART II.- lD:'W. Industrial Conciliation and ArbitrationAct. THE INDUSTRIAL ----------------------- -------------- COURT_ 14. For the purposes of making any such. declara- Constitution tions, the Co" ?- ~ t ~hall be c? n~tituted by the Judge and~ ! s~ Z~ : ~ ; n the two ConCIhatIOn CommIssIOners. declarations under s. 13. 15. Until a Conciliation Board has been constitutedpow8rs of in respect of a calling or callings or groups of callings, COU~ ! the Court shall have full jurisdiction, power, and ~ ~ ~ o~ ~ ~ ment authority in respect of an industrial cause under this of Board. Act. Moreover, until a Conciliation Board has been Remission to constituted in respect of a calling, or callings, or groups of Concili.atioIl callings, the Court shall have full jurisdiction, power, ~ ~ :r; lS­ and authority to constitute a Conciliation Commissioner to be a Board, and such Board so constituted shall be a Board for the purposes of this Act. 16. The Court may remit to an industrial magistrate Remission to any proceedings for the recovery or enforcement of iIldu. s~ iai penalties incurred under this Act or claims by an magIs rae. industrial union or by an employee for arrears of wages due to him under any award or industrial agreement, to be heard by him subject to the provisions of this Act as to appeal, and such magistrate is hereby authorised to hear the same in the exercise of his summary jurisdiction. 17. An appeal shall lie to the Court from any Appeal from decision or finding of an indust~ ial magistrate acting : ~ ; i~ ~ ~ i: ~ e. under the powers conferred by thIS Act. 18. Every appeal under this Act shall be by way Appeals to of rehearI·ng, and the Court may a ffi I'm, revI . Se, or modifYrbeehebayrinwOa'_ y of the award, proceedings, or decision appealed against, '" and may give such decision and direction and make such order and award as ought to have been given or made in the first instance, and may remit any matter arising out of or involved in the case to the Board or Conciliation Commissioner or industrial magistrate, with or without directions and whether for report to the Court or for determination. 19. Subject to this Act the jurisdiction of the Jurisdiction Court in all industrial causes, whether original or by boef CexoculrutsltVoe. appeal, shall be exclusive. 20. (1.) Subject to this Act, every decision of the DecisioIl of Court, whether constituted solely by the Judge or by the ~ : ~ t to be Judge and two Conciliation Commissioners, shall be final N

12584 LABOUR. PART IT.- THE INDUSTRIAL COl'RT. lndnstrial Conciliation and Arbitration Act. 20 GEO. V. No. 28, and conclusive, and shall not be impeachable for an informality or want of form, or be appealed against, reviewed, quashed, or in any way called in question in any Court on any account whatsoever. (2.) Except in any case where the question of jurisdiction is raised, proceedings in the Court as aforesaid shall not be removable by certiorari, and no writ of prohibition shall be issued, and no injunction or mandamus shall be granted by any Court other than the Industrial Court, in respect of or to restrain proceedings under any award, order, proceedings, or direction relating to any industrial matter or any other matter which, on the face of the proceedings, appears to be or to relate to an industrial matter or which is found by the Industrial Court to be an industrial matter. (3.) The validity of any proceedings or award of a Conciliation Commissioner or of a Board or of a chairman of a Board or industrial magistrate shall not be challenged, except as provided by this Act, and subject to an appeal to the Court the provisionEi of this section shall so extend and apply accordingly. Form, effect, 21. (1.) The award of the Court in any industrial ~ ~ ~ tinllance cause shall be framed in such a manner as to best express of award. the decision of the Court and to avoid unnecessary technicality, and shall, subject to any variation ordered by the Court, take effect and have the force of law within the locality specified in the award, and continue in force for a period to be specified in the award not exceeding twelve months from the date thereof unless sooner rescinded or varied. (2.) After the expiration of the period so specified the award shall, unless the Court otherwise orders, continue in force until a new award has been made. On whom award is to be bin.ding. 22. Subject to this Act the award shall be binding on- (a) All parties to the industrial cause who appear or are represented before the Court; (b) All parties who have been summoned to appear before the Court as parties to the cause, whether they have appeared in answer to the summons or not, unless the Court is of opinion that they were improperly summoned before it as parties;

1929. LABOUR. Industrial Conciliation and ArbitrationAct. .. 12585 PART II.- THE INDUSTRIAL eOGRT. (c) All industrial associations connected with the calling to which the award applies; (d) All members of industrial associations bound by the award; (e) All employers and employees in the locality to which the award applies in the calling to which it applies; and (j) All persons who, whether as employers or employees, are engaged in that calling in such locality at any time while the award remains in force. 23. (1.) Subject to this Act the Court may rescind Cou~t may or vary any deC. lS.lOn, recommendat'IOn, dI' TectI'On, appOl.nt - rveasrcymadnoyrof ment, reference, or other act made or done by it, and its acts. may reopen any reference or proceeding. But no decision shall be varied or reopened except on the application of the Crown or of a party thereto, or of a person or industrial association bound thereby or affected or aggrieved by the decision or claiming to be so affected or aggrieved. (2.) Where any recommendation of the Court has been acted on and the Court afterwards rescinds or varies the same it shall be in the discretion of the Governor in Council either to cancel any action taken by the Governor in Council in pursuance of such recommendation or to vary it to accord with the rescission or variation of the Court. 24. The Governor in Council may appoint an Appointment industrial registrar and one or more assistant industrial of registrar. registrars, who shall have the prescribed powers and duties. 25. The Governor in Council may appoint any Deputy person to act as a deputy for the registrar while such registrar. registrar is absent from his duties for any reason; and every such deputy shall while so acting have the same jurisdiction and powers and perform the same duties as if he were the registrar. PART III.- CONCILIATION COl\lMIS- PART lIl.-CONCILIATION COMMISSIONERS AND SIONERS AND CONCILIATION CONCILIATION BOARDS. ""BOARDS. 26. ·(1.) The Governor in Council shall appoint Conciii.ation two Conciliation Commissioners for the State, upon ~ ~ ~ e~ ; ~ ~ ' such terms and conditions as to remuneration, tenure,

18586 LABOUR.- PART HI.- CO C N O C ~ IL M I I A S T · ION Industrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, SIONERS AND - CONCILIATION BOARDS. and otherwise as he thinks fit, and such Conciliation Commissioners shall have powers, authority, and juris- diction in respect of the whole State. (2.) Moreover, in any case where it may from time to time appear to the Governor in Council necessary or expedient so to do, the Governor in Council may appoint any person to act as a Conciliation Commissioner, whether in addition to any office of the Public Service which he holds at the time of such appointment or otherwise as he thinks fit. (3.) Any person appointed pursuant to the pro- visions of subsection two of this section shall possess the like powers, jurisdiction, and authority as a Conciliation Commissioner appointed pursuant to subsection one hereof. (4.) Such Conciliation Commissioners shall perform such duties and have and exercise such jurisdiction, powers, and authorities as are prescribed or as may be specially conferred from time to time by Order in Council. Conciliation 27. (1.) Conciliation Boards shall be constituted Bcaollairndgss.for by the Court under such designations as the Governor in Council may from time to time by Order in Council declare for anyone or more of the callings to which this Act applies, or the group or groups of different callings, to the intent that such groups of callings may be comprised within the jurisdiction and scope of one Conciliation Board. Moreover the Governor in Council may by Order in Council declare that any transposition, division, combina- tion, rearrangement, or regrouping of such callings as the Court may direct may be approved and shall take cffect accordingly. Appoint. ment of chairman. (2.) The Court shall appoint a Conciliation Com- missioner to be chairman for any Board so constituted. Such chairman shall preside over the Board whereof he is appointed chairman. Appoint· ment of other members. (3.) The Minister shall appoint the other members of such Boards, who shall be nominated in that behalf as hereinafter provided. Board (4.) On the chairman and members being appointed constituted. a Board shall be deemed to be constituted.

LABOUR. 12587 1929. Industrial Conciliation and Arbitration ~ L! ct. ------- ------ - - -------- PART III.- CONCILIATION COMMIS- -- SIONERS AND ( D ... . ) E ach such B oard sha 11 , beS' dI es I.ts cha'irman, COBNOCAILRIADTSI.ON consist of two or four other members, as may be Members. recommended by the Court. One half in number of such other members shall be representatives of the employers, and shall be nominated as prescribed by the industrial union or unions of the employers in the calling or callings concerned, and at the date of their appointment bona fide and actual employers in the calling concerned; one half in number of such other members shall be representatives of the employees, and shall be nominated as prescribed by the industrial union or unions of the employees in the· calling or callings concerned, and shall at the date of their appointment be bona fide and actual employees in the calling concerned. Upon any failure to so nominate, representatives of employers or employees, as the case may be, shall be recommended by the Conciliation Commissioner and appointed by the Minister: Provided also that where, in the opinion of the Conciliation Commissioner, it is impracticable or inadvis- able to constitute a Board in the manner hereinbefore provided, or where in his opinion it is necessary and convenient in the public interest, such Conciliation Commissioner may recommend any person (whether an employer or employee, as the case may be, or not) whom he considers to be acquainted with the working of the industry to represent the employers or employees on the Board, and the Minister shall appoint such person. An agent of any association may be permitted to be present to assist the Board in its deliberations. (6.) Regulations may be made to give full effect to Regulations. the objects and purposes of this subsection. (7.) In any case where any member of a Board is absent, the voting power of the remaining member representing the employers or employees (as the case may be) shall be deemed to be the decision exercised by the two members so representing the employers or employees, and as if such two members were actually present. 28. (1.) A Board may, with respect to the calling Jurisdiction or callings or group or groups of callings for which it of Board. has been created, make an award determining or in

12588 LABOUR. PART IlL-- CONCILIATION CO)!>!]S- SroNERS AND /ndltstrial ConciliMion and ArbitrationAct. 20 GEO. V. No. 28, --- . - - - - - - - - - - ..- CO B N O C . I \ L R IA D T o I . ON respect 0 f any I.ndustn'a1 cause I.n connect'IOn WI' th suc I 1 calling or callings or groups of caIlings. Board to (2.) Moreover, in connection with the settlement of first attempt any industrial dispute in respect of such calling or tdoispsuetttel.e ca ILl m ' gs or groups 0 f ca 11 m ' gs no m . d ustn . a 1 d l ' spute s h a 11 be referred to the Court until it has been first referred to a Conciliation Board or a Conciliation Commissioner. Board t.o endeavour ·to effect a settlement. (3.) It shall be the duty of the Board to endeavour to bring about a settlement of the dispute, and to this end the Board shall, in such manner as it thinks fit. expeditiously and carefully inquire into the dispute and all matters affecting the merits and the right settlement thereof. In the course of the inquiry the Board shall make aJl such suggestions and do all such things as it deems right and proper for inducing the parties to come to a fair and amicable settlement of the dispute. Legal formalities maybe dispensed with. (4.) The procedure of the Board shall in all respects be absolutely in the discretion of the Board, and the Board shall not be bound to proceed with the inquiry in any formal manner or formally sit as a tribunal. The Board may on the hearing hear any evidence that it thinks fit, whether such evidence would be legally admiRsihle in a Court of law or not.. The inquiry shall be either public or private, as the Board thinks fit. . Meetings. (5.) Meetings of the Board shall be held from time to time at such times and at such places in the district in which the dispute has arisen as the Commissioner appoints. No such meeting shall be duly constituted unless the Commissioner is present thereat, but the absence of any of the members shall not prevent the exercise by the Board of any of its powers or functions. ;Settlement. (6.) If a settlement of the dispute is arrived at by the parties in the course of the inquiry, the terms shall be set forth in an industrial agreement, which shall be reduced to writing and signed by the other members on behalf of the employers _and employees concerned. Such agreement, on being certified by the chairman, shall be filed in the office of the registrar and shall have the effect of an industrial agreement under this Act, and the agreement of the Board shall be deemed the agreement of the parties who shall be bound thereby.

LABOUR. 12589 PART IU.- 1~ ) 29. Industrial Conciliation and ArbitrationAct. Go NCILIA'fro N COMMIS· - - - - - - - - - - - ..- -..- .....- ....- - - - . - -...-. " ' - SroNERS AND (7 . ) If no sett 1 ement 0 f t h e d l · spute I . S arrI . ve d a t COBNOCAILRIDAS'f.roN by the parties or by the members of the Board repre- When no senting the parties, the Board shall endeavour to induce ilettlement. the parties to agree to some temporary and provisional arrangement until the dispute can be determined by the Court: (8.) Provided, however, that any agreement which Part has been arrived at by the parties shall, to the extent agreement. to which such an agreement has been arrived at, form an agreement under this Act and shall be registered as such by the Board. (9.) And moreover the only matters or things inMatters relation to an industrial dispute which shall be referred b~ : ~ . ble to to the Court are such matters and things which the Conciliation Commissioner certifies as being matters or things upon which no agreement can be arrived at before the Board and concerning which he further certifies that there have been several genuine attempts to come to an agreement within the space of three months before such reference, and which the Conciliation Commissioner considers it reasonable and desirable that the Court should decide and determine: Provided, however, in the case of a dispute which in the public interest the Conciliation Commissioner thinks it desirable shall be referred to the Court before the expiration of three months, such Conciliation Commissioner is hereby empowered to refer such dispute to the Court at any time within such space of three months which he in his discretion thinks fit : (10.) Provided, however, where no settlement and F~ ll no part settlement has been arrived at, the Conciliation re erence. Commissioner shall refer the dispute to the Court for settlement, and thereupon the dispute shall be deemed to be before the Court: Provided further that before any reference shall be made to the Court the parties may agree to accept the decision of the Conciliation Commissioner on any questions left to him by the other members of the Board and his decision shall, subject to this Act, be final and without appeal. (H.) The Conciliation Board may have the assist- ~ oard to ance of the Actuary and/or Statistician in respect of any ~ : s~ : tance of statistical information that it may require, or it may Actuary. require the Registrar-General or Bureau of Statistics

12590 LABOUR. PART III.- COCNOCIMLMIAI'rSI-ON Indltstrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, SIONERS AND - - - - - - - - - - - - - -- -- -- ----------------- COBNOCAILRIADTSI,ON or 0 ther b 0 dy tI I, lat may b e appom. ted to furm. sh 1 ·t with such statistical information as it may require, and such request shall be obeyed. Conciliation 29. In regard to the making of awards, a Conciliation Board to be bound by Board shall have regard to the declarations of the Court declarations as to- as to basic wage and (i.) The basic wage; standard hours. (ii.) The standard hours; as so fixed by the Court, and shall be bound by such declaration. Effect of 30. Subject to this Act, no industrial agreement o de f c h ! a v ~ m ' a g tions shall be entered into and no award . made for a wage wage. lower than the declared current baSIC wage. Upon a declaration as to the basic wage during the currency of an award, the terms of such award affecting rates of pay shall be varied to accord with such declaration by the R.egistrar (subject to an appeal to the Court) and such variation of the award shall, upon publication in the Gazette, have effect as an award from the date of publication. Failure of member to attend. 31. If any member of a Board, without reasonable excuse, neglects on two successive occasions to attend meetings of the Board duly convened, or to vote when present at any such meeting on any question duly sub- mitted to the Board, the Minister may, on such matter having been reported to him by the Conciliation Commissioner, in his absolute discretion, declare his office vacant, and thereupon such member shall cease to hold office: Provided that opportunity shall be given for such member to show cause in his defence. Oath to be taken by member:!!. 32. Each member of a Board shall, upon his appoint- ment, take an oath not to disclose any matter or evidence before the Board or the Court relating to- (a) Trade secrets; or (b) The profits or losses or the receipts and outgoings of any employer or employee; or (c) The books of an employer or witness produced before the Board or the Court ~ or (d) The financial position of any employ~r or of any witness;

LABOUR. 12591 PART HI.- 1929. Industrial Conciliation and ArbitrationAct. CONCILIATION COMMIS- SIONERS AND and I 'f h e Vl . O 1at es h I ' S oath h e sha11 be l l ' a ble to a pena1ty COBNOCAILRIADTSI.ON not exceeding one hundred pounds, and on conviction of such offence he shall cease to hold office. 33. The Minister, on the the Court, may at any time- (a) Dissolve a Board; recommendation of oDfisBsoolaurtdioannd removal of member. (b) Remove any member of a Board from his office on the ground that such member is of unsound mind, or in prison, or is insolvent, or has ceased to reside in Queensland, or is not properly discharging his duties as a member of such Board. 34. (1.) Subject to the last preceding section, the Period of members of a Board shall hold office for a period not office. exceeding three years from the date of their appointment, and then shall cease to hold office: Provided that a member may resign his office. During any vacancy in a Board (other than in the Effect of office of chairman) caused by the resignation of a member, :: ~~: ~by the continuing members may act as if no vacancy resignation. existed. (2.) A new Board may be appointed to take the New Board. place of a Board that has been dissolved or the members of which have resigned or have ceased to hold office. Members ceasing to hold office on a Board shall be eligible for appointment to the new Board. The provisions of this Act relating to the constitution and manner of appointment of Boards shall apply to the appointment of such new Board. cease 3 s 5 t . 0 'Vh 0 hIedre 0 fffircoem, t hane yMcl· laluI. ssteerammayemabpeprol.lolft aanBoot, haredr Atoppvoacinantmcieens.i member in his room to represent employers or employees, as the case may be, who shall be nominated by the industrial associations concerned or recommended by the Conciliation Commissioner, as the case may require. 36. Where a person is appointed to any vacancy on Pers?n may a Board, the Board as newly constituted shall, if no ~ ~ ~ ! : ~ ~ ~ member of the Board objects, continue the hearing of and may determine any part-heard case. 37. Every appointment of a member of a Board Gazettal of shall be notified in the Gazette. : : tr~ ~ ~ t-

12592 LABOUR. PART Ill. CO C N O C : l IL l I ~ A n T s I - ON Industrial Conciliation and ArbitrationAct. 20 (:fEo. V. No. 28, SroNERS AND - -- - -~ - -- - --- OONCILIATION BOARDS. 38. A copy of the Gazette containing a notice of such Evidence of appointment purporting to have been published in pur- Gazette. suance of this Act shall be conclusive evidence that the person named in such notice was legally appointed to the office named, and had power and jurisdiction to act in such office, and such appointment shall not be challenged for any cause. Exercise of powers. 39. All powers of a Board may be exercised by a majority of the members thereof. The Conciliation Commissioner shall not have a primary vote, but in the' case of equality of voting the Conciliation Commissioner shall have a casting vote at the request of the parties before the Board. Ohairman may administer oaths, &e. 40. The chairman may require any person (including a member) giving evidence before a Board to give his evidence on oath or affirmation, and for such purpose may administer an oath or take an affirmation. For the purposes of compelling the attendance of persons to give evidence and the punishment of persons failing to attend when summoned or refusing to give evidence or produce documents or writings in their possession or power, the chairman shall have all the powers and authorities of a police magistrate sitting in a court of petty sessions. Award of Board. 41. The award of a Board shall be signed by the chairman and forwarded to the registrar, who shall forth- with publish the same in the Gazette and notify the parties. Award to 42. Subject only to appeal to the Court as herein- f r w e o r hr n ea a e i t llf poe i r l r l iod. rbeeIfaot' rme gprtoovtihdeedsuasnpednstIo.Onth 0 e f pt hroevoispieornastI. Ohenre 0 i f nacnoynatawinaerdd or part thereof, an award of a Board shall, from a date fixed by the Board, within the locality for which the Board has jurisdiction, take effect and have the force of law, and shall not be in any manner liable to be challenged or disputed, and shall be binding on- (a) All industrial associations connected with the calling or callings to which the award applies; (b) All members of industrial associations bound by the award; (c) All employers and employees in the locality to which the award applies in the calling or callings to which it applies; and

192:). LABOUR. 12593 PART III.- Industrial Conciliation and Al'bitraf'ion Act. CONCILIATION OO:l' [~ IJS­ SIONERS AND (d) All persons who, whether as employers or C~ ~ g~ ~ ~ ~ ~ o) l employees, are engaged in such calling or callings in that locality at any time while the award remains in force ; and shall remain in force for a period of twelve months, and also thereafter until it has been amended by another award of the Board or the Board or Court has made a new award with respect to the same matters. When a Board is dissolved, such dissolution shall not affect the operation of any award made by such Board and then in force, but such award shall remain in force until suspended, superseded, or otherwise dealt with under this Act. PART IV.- PART IV.-INDUSTRIAL AGREEMEN'rs. IXDUSTRIAL AGREEMENTS. . 43 • (I.) Any industrial union or industrial associa- aIngrdeuesmtreinatl& tlOn of employees or employers may make an agreement may be in writing for the prevention or settlement of an indus- m!1de. trial dispute or relating to any industrial matter. Every such agreement shall be made between an industrial union or industrial association of employees of the one part and an industrial union or industrial association of employers or some specified employer or employers of the other part. (2.) Every industrial agreement shall be for a term Term and to be specified therein, not exceeding three years from the ~~rrr:e~ent. date of the making thereof, and shall commence as follows :-" This Agreement, made in pursuance of *" The Industrial Conciliation and ArbitrationAct of 1929," this day of Between ," and then the matters agreed upon shall be set out. (3.) An agreement shall be limited in its effect to the particular locality or business therein specified. (4.) The date of the making of the agreement shall Date of be the date on which it is first executed by any party agreement. thereto; and such date and the names of all the original parties thereto shall be truly stated therein. (5.) Notwithstanding the expiry of the term of an Agree~ent industrial agreement, it shall, subject to any award of the ~ ~ ~~~~~~: Court, continue in force in respect of all parties thereto, pa:ties not except those who retire therefrom. retIred. * 20 Geo. V. No. 28 (this Act).

12594 LABOUR. PART IV.- l: ~ E~~~ ~~. _ I_ n_ d_ ! U_ st_ r_ ia_ l_ C_ o_ n_ c~ _ ' l~ _ ' a_ tt_ ' o_ n_a_ _ nd _ A_ r_ b~ _ · tr_ a_ tt_ · o_ n_ A_ ct_ . 20 GEO. V. No. 28, !! ~ i~ : ~~ t. (6.) At any time after or not more than thirty days before the expiry· of an industrial agreement, any party thereto may file in the office of the registrar a notice in the prescribed form signifying his intention to retire therefrom at the expiration of thirty days from the date of such filing, and such party shall on the expiration of that period cease to be a party to the agreement. Duplicate to 44. (1.) A duplicate original of every industrial be filed. agreement s h a 11 , within sixty days after the making thereof, be filed in the office of the registrar. (2.) Every document purporting to be a copy of an industrial agreement shall (notwithstanding that no notice to produce the original has been given) be admissible in evidence in proof of the contents of the original, provided such copy is certified as a correct copy under the seal of the Court and the hand of the registrar. A copy of the Gazette containing the agreement shall be received in all Courts and tribunals and before all persons as evidence of such agreement, without further proof. The production of such copy shall be prima facie evidence that the original agreement was duly executed in accordance with this Act in manner indicated in the copy and that a duplicate has been duly filed. Parties to agreement maybe added. 45. Whilst the industrial agreement is in force, any industrial union or industrial association or employer may (with the consent of the original parties to the agreement or their respective representatives) become party thereto by filing in the office wherein such agreement is filed a notice in the prescribed form, signifying concurrence with such agreement. On whom agreement binding. 46. (1.) Every industrial agreement duly filed shall extend to and be binding on- (a) The parties who execute the same or concur therein; and (b) Every member for the time being of any industrial union or industrial association which is party thereto; and (c) Every industrial union and every member for the time being of any industrial union which is for the time being represented on any such association; and (d) Every worker who is, at any time whilst it is in force, employed by any employer on whom the agreement is binding.

192H. LABOUR. Industrial Conciliation and ArbitrationAct. 12595 PARTlV.- INDUSTRIAL AGREEMENTS. (2.) Industrial agreements shall be enforceable in Enforcement the same manner as if they were awards of the Court ~ ~ reements. under this Act. 47. Every industrial agreement may be varied, Agreements renewed, or cancelled by any subsequent industrial agree- ~ ~ fe~ ~ ment made by and between all the parties thereto, but so renewed, or that no party shall be deprived of the benefit thereof by cancelled. any subsequent industrial agreement to which he is not . a party: Provided that no industrial agreement with respect to which any powers conferred by the next succeeding section have been exercised shall be varied or cancelled without the leave of the Court. 48. Subject to this Act, the Court may declare that Industrial any industrial agreement shall have the effect of an :::;e:,ent award, and be a common rule of any calling or callings declared a to which it relates, and the agreement shall thereupon, ~ ~ ~ ~ , on subject as hereinafter provided, become binding on all employers and employees, whether members of an industrial union or association or not, engaged at any time during its currency in any such calling within the locality specified in the agreement: Provided that before acting under this section the Court shall give all parties, likely in its opinion to be affected, notice by advertisement or otherwise of its intention to extend the operation of such agreement, and shall hear any parties desiring to be heard in opposition thereto. 49. Every industrial agreement entered into or ~ xi6tin~ deemed to have been made and entered into pursuant to ~ ~ ~ ~ : : ~ ~ ts. section fifty-one of the repealed Act, and subsisting at b the commencement of this Act, shall be deemed to have been made and entered into pursuant to this Part of this Act, and shall be construed and have effect P G A E R S r E V RA . L - accordingly. PROVISIONS DEALING WITH COURT, PART V.-GENERAL PROVISIONS DEALING WITH COURT, co~ g~ ~ ~ ~ I_ ON CONCILIATION COMMISSIONER, AND BOARDS. SIONER, AND BOARDS. 50. The Court or Conciliation Commissioner or Wages rates Board may make an . award for an industr ~ v embracing iann ~ I a n l d li u n s g t s ryin more than one callmg. where such callings are under another award.

12596 LABOUR. PART v . - - - - ~ -- - - - - - - - - ~ - - - - - - - - --~ PRGOEVNIESRIAOLNS Ind11strial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, DEALING WITH: -- - - - - ~---- - - - . - -.. -----~--- - - cO; ~ ~ ~ ~ ~ ION 51. The Judge or industrial magistrate or ~ I~ ~ ~~ ~ I: ~ D Conciliation Commissioner may act as a mediator in any BOARDS. industrial cause, whether or not it is within the Judge or jurisdiction of the Court or industrial magistrate or of ~ ~ ~ er: : ~ ~ act the Conciliation Commissioner, in all cases in which it whenever appears to him that his mediation is desirable in the m ~ ediation pUbl l ' C I.n t eres t . desirable. Judge or 52. (1.) The Judge or industrial magistrate or CCoomncmiliisa-tion Conciliation Commissioner may, whenever in his opinion sioner may it is desirable for the purpose of preventing or settling ccoonmvpeunlesory an industrial dispute, summon any person to attend, at conferonce. a time and place specified in the summons, at a conference presided over by himself. (2.) Any person may be so summoned, notwith- standing that he is not connected with the dispute, if the Judge or industrial magistrate or Conciliation Com- missioner thinks that such person's presence at the conference is likely to conduce to the prevention or settlement of the dispute. (3.) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the Judge or industrial magistrate or Conciliation Commissioner, and in default shall be guilty of contempt of court, and, by order of the Judge or industrial magistrate or Conciliation Commissioner, shall he liable to a penalty not exceeding twenty pounds. (4.) The conference may be held partly or wholly in public or in private, at the discretion of the Judge or industrial magistrate or Conciliation Commissioner, as the case may be. (5.) Any person so summoned, who attends pursuant to the summons and continues his attendance as directed by the Judge or industrial magistrate or Conciliation Commissioner, shall be entitled to be paid by the Crown such (if any) amount as the Judge or industrial magistrate or Conciliation Commissioner certifies to be a reasonable recompense for his expenses and loss of time. Payment for certain holidays. 53. All work done by any employees on Good Friday, Labour Day (the first Monday in Mayor other day appointed under *" The Holidays Act of 1912" to be kept in place of that holiday), Christmas Day, and the * 3 Geo. v. No. 17, supra, page 5463.

LABOUR. 12597 PARTV.- 1928. Industr'ial Conc'iliation and ArbitrationAct. ----- ------ - - -- ,----,- - - - -- --~ -, , PR G O E V NE IS R IO AL NS -,,- DEALING WITH twenty-fifth day of April (Anzac Day) or any day co~ c~~ i!. ~ ION appointed under *" The Holidays Act of 1912 " to be kept SI~ ~ : : I: ~ D in place of any such holiday, shall be paid for at the rate BOARDS, of double time. All work done on the first day of January, the twenty-sixth day of January, Easter Monday, the birthday of the Sovereign, and Boxing Day, or any day appointed under *" The Holidays Act of 1912" to be kept in place of any such holiday, shall be paid for at the rate of time and a-half. :For the purposes of this provision, where the rate of wages is a weekly rate" double time" shall mean one day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. For the purposes of this provision, where the rate of wages is a weekly rate, "time and a-half" shall mean one half-day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. Work done during ordinary working hours on any other day or holiday in the year shall not be deemed overtime work or be paid for at any increased rate. And every award shall be deemed to contain provisions to the above effect. Nothing in these provisions shall have reference to Sunday work. Any provision in any existing award inconsistent with this section shall not be enforceable: Provided that where under any existing award employees have worked on the first day of March, the seventeenth day of March, the twenty-third day of April, and the thirtieth day of November during the year one thousand nine hundred and twenty-nine, at ordjnaryrates and annual leave on full pay granted in lieu of extra payment for work done on such days, such portion of the annual leave as is proportionate to the time so worked on such days or any of them shall be preserved to employees for the current year: Provided that nothing in this section shall prevent the Court or a Board from granting the equivalent of annual leave on full pay for work done on the aforesaid holidays. * 3 Geo, v. No. 17, supra, page fi463.

12598 LABOUR. PART V.- PRGOEVNEISRIAOLNS Indllstrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, DEALING WITH --------- '-- --- COURT, CONCILIATION 54. S ubject to this Act, in respect of the matter of SI~~ ~ ~~ I~~ D weekly hours, if there are any circumstances which make BOARDS. it essential or desirable for the efficient carrying-on of an ~ ~~ l~~ Y industry, the Board may arrange such spread of hours and overtime as may be considered essential or desirable under the circumstances: Provided always that overtime may in special circumstances and by mutual agreement of employer and employees concerned be approved. for such number of hours' overtime as may be so mutually agreed upon. The term" overtime" means time worked. in excess of the maximum hours prescribed by the award. An appeal shall lie to the Court from any decision of the Board under this section, and the Court shall make any order in the matter as it thinks fit and proper. Faotories and Shops Acts provision. 55. The Court or Board shall have jurisdiction, power, and authority in respect of modifying or altering the early closing provisions of the Acts relating to factories and shops to any extent deemed proper or convenient, and in particular so that any shop, business, or person to which or to whom such provisions are applicable may be wholly or partly relieved of the incidence of such provisions; and so that complaint for offences against any of the said Acts or for breaches of any regulation made thereunder may be laid within a period not exceeding six months from the commission of any such offence; and declaring that the place in which any calling is carried on shall be a shop of a certain class within the meaning of the said Acts, to the intent that the statutory provisions in their original or any modified or altered form which to the Court or Board may seem expedient shall apply to such calling and every person employed. in or in connection therewith, and to the further intent that where an award fixes times at which employees shall commence or cease work in shops of that class such shops shall, whether employees are or are not employed therein, be opened or closed at such times as are fixed by such award; and from time to time revoking in whole or in part any such modification, alteration, or declaration, whereupon and pending the making of further awards or orders the statutory pro- visions shall revive and again operate if the revocation is complete without modification, alteration, or extension of any kind, or, if the revocation is partial, subject to such conditions and limitations as may be expressed..

LABOUR. 12599 - ~ - - - --- -- - -- - - - -~ - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - PART V.- ] 929. industrial (Joncil'iation and ArbitrationAct. GEli"ERAL PROVISIONH ----- - - - - ~ - - - - - - - - - - - - -- - -- - ~- - -- - -- - -- - - - - - - - - - - - ~ - D,]ALING WITH Nothing in this section shall be deemed to permit of co~ c~ ~ ~ lilON the Court or Board permitting night shopping in cases RICOONMERM, lASN- lJ where at the commencement of this Act night shopping BOARDI:l. is not permitted: Provided, however, that an award may contain provisions for the opening of shops and for the em- ploying of employees at night on such terms as may be mutually agreed upon in relation to holiday periods. 56. The Court or Board shall, before making Economic any awar d or cer t I 'f yI . ng any agreemen t , an d on pro- e a f w fe a c rd t s o . f ceedings for the variation or cancellation of an award or an agreement, take into consideration the probable economic effect of the agreement or award in relation to the community in general and the probable economic effect thereof upon the industry or industries concerned. 57. Where it is mutually agreed by the parties Preference. concerned or considered advisable by the Court or Board to grant preference to any particular union or organisa- tions, such preference shall be granted c;mly subject to the following conditions, that is to say:-- (i.) If any employer shall hereafter engage any worker coming within the scope of an award who shall not be a member of the union, and who shall not have made application to become a member thereof within fourteen days after his engagement and remain such member, the employer shall dismiss such worker from his service if requested to do so by the union, provided there is then a member of the union equally qualified to perform the particular work required to be done, and ready and willing to undertake the same: Provided that where such an employee is already a financial member of another industrial union the employer shall be permitted to continue employing him until the expiry of his current union ticket, and the employee need not make application to join the union to :vhich preference is granted until such expIry. (ii.) The provisions of the foregoing clause (i.) shall operate only if and so long as the rules of the union shall permit any worker coming o

12600 LABOUR. PARTV.- GENERAL lndt!strial Oonciliation and ArbitrationAct. 20 GEO. V. No. 28, PROVISIONS DEALING WITH -_.- COURT, CONCILIATION within the scope of the award concerned of COMMIS- SIONER, AND BOARDS. good character and sober habits, to become a member of the union upon payment of an entrance fee not exceeding five shillings (which sum shall be deemed to be part of the annual subscription) upon a written application, without a ballot or other election, and to continue a member upon payment of subse- quent contributions not exceeding sixpence per week, unless the Court shall certify that sixpence per week is insufficient for the financial purposes of the union: Provided, however, that in no case shall the weekly contribution be more than one shilling per week. Any provIsIOn in any existing award inconsistent with this section shall not be enforceable: 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 superannuation or benevolent or provident fund, or for any like purpose, to the satisfaction of the Registrar. No ilis- 58. Subject to this Act, no person shall be refused crimination. employment or in any way discriminated against on account of membership or non-membership of any industrial association. No person who is an employer or employee shall be discriminated against or injured or interfered with in any way whatsoever on account of membership or non- membership of any industrial association. Any person who acts or jncites any other person to act in contravention of this section shall be liable to a penalty not exceeding ten pounds, and any industrial association which acts or incites any person to act or is in any way a party to or assists or encourages any person acting in contravention of this section shall be liable to It penalty not exceeding one hundred pounds. Informality 59. An award or order of the Court or Board shall not to vitiate award. not be void or in any way vitiated by reason merely of any informality or error of form or non-compliance with this Act.

LABOUR. 12601 ] 92~ J. Industrial Conciliation and ArbitrationAct. ..- . - -. - -- - -~ . -- . .- . - . . . PART V.- GENERAL PROVISIONS . DEALING wall 60. The Court, whenever it is practicable so to do, co~O~ ~~iION shall, so far as is consistent with the maintenance of SI~ ~ ~ ~ , \ ! I: ~ D industrial peace, deal only with the maj or general BOA~D8. principles such as those concerning wages and hours of ~ our ~ oh employment, overtime, and holidays. Other minor : ~ O: ' t matters such as (and without limiting the generality of gener:,\ the expression" minor matters") demarcation, spread of prmClp es. hours, margin of skill, and/or incentive wage, may be dealt with by the Board. Moreover, the Court or Board may agree that certain matters in relation to an industrial cause may be referred or delegated to local shop committees, round-table committees, industrial councils, or voluntary committees, formed for the purpose of adjusting the industrial relationship between employer and employee, and with representation of employer and employee on such committees and councils. Such matters, on being reduced to writing in the form of a trade agree- ment, may be registered subject to this Act as an industrial agreement on receiving the certificate of the Conciliation Commissioner. Such Conciliation Commissioner shall make due inquiry whether such trade agreement contains, generally, conditions not less favourable to the employees concerned than any award so concerned may prescribe. Regulations may be made to give full effect to the obj ects and purposes of this section, and, inter alia, in respect of the formation and constitution of such Committees and Councils concerned. 61. (1.) vVhere workers engaged upon different trades Award . are employed in anyone business of any particular ~ ~ ebracmg employer, the Court (or, on reference by the Court to a business. Board or to a Conciliation Commissioner, the Board or the Concilia,tion Commissioner) may make one award applicable to such business and embracing, as the Court or Board or Conciliation Commissioner thinks fit, the whole or part of the various branches constituting the business of such employer. Before the Court shall exercise such power, notice shall be given to the respective industrial unions of workers engaged in any branch of such business. (2.) Nothing in this Act shall prohibit or prevent the Industrial making of an industrial agreement applicable to one : ~ ~ ~ : ~ n; business and embracing the whole or part of the various one businORS. branches constituting the business of any employer and the employees of such employer: Provided always

12602 LABOUR. PART V.- ------ ----------------------------- PRGOEVNIESRIAOLNS Industrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, DE!,L{NG WITH - - - - - - - - . COURT, • CONOILIATION that any such agreement shall generally contam SICOONMERM, IASN- D conditions not less favourable to the employees con- BOARns. cerned than any award concerned may so prescribe, and that any such agreement shall be approved by a Conciliation Commissioner. Further general powers. 62. (1.) If it is proved to the Court constituted by the Judge and two Conciliation Commissioners, by the production of books used in connection with the carrying- on of an industry not of average prosperity, and by other evidence produced or tendered, that serious unemploy- ment in an industry has resulted or will result from the operation of an award or industrial agreement, such Court, upon being satisfied that it is in the best interests of the industry concerned and after consultation with the Bureau of Statistics or other like body, may, either absolutely or upon terms- (a) Rescind or cancel any award or industrial agreement; or (b) Exempt, either wholly or partly, from the provisions of an award or industrial agreement any employees, and may permit of an agree- ment being made on such bases as it may prescribe; or (c) Have full discretion to make any award it thinks fit in the circumstances. (2.) If it is proved to the Court constituted as aforesaid that the employees in any industry or the employees of any employer therein are or may become entitled to any benefit or bonus system or payment under any profit-sharing or copartnership or other incentive scheme, the Court, upon being satisfied that it _is in the best interests of the industry concerned and on the mutual agreement of the employers and employees, may exempt, either wholly or partly, from the provisions of an award or industrial agreement such employees who are or may be entitled to such benefit or bonus system or payment under the profit-sharing or copartnership or other incentive scheme, and their employer. Moreover, such Court may permit of the making of an agreement between the parties concerned. The provisions of this section may be employed in respect of the employees employed in anyone business of any particular employer.

LABOUR. - - - - - - . - - - - - - - ~ . - - - - - - - - - - . - - - - - - ' - - - 192D. Indust1'ial Concil'iation and llrbitration Act. 12631 PART IX.- MlSOEf,' LANEOUB. Amendment of *" The Criminal Code." 119. (1.) Section five hundred and thirty-four of~e~ tioll *" The Oriminal Oode," as amended by section thirty-six ,,31. of t" The Trade Union Act of 1915" is amended as follows :- In the said section five hundred and thirty-four, all words from and including the words" It is lawful for one or more person or persons" to and including the words" "Industrial dispute" have the same meaning as in tOO The Industria'! Peace Act of 1912" " are repealed, and the following words are inserted in lieu thereof, namely :- " Attending at or near the house or place of work of another, or the approach to such house or place of work, in order merely to obtain or communicate information is not deemed a besetting within the meaning of this section." (2.) Section 543A of *"The Oriminal Code," which WaS'leetion inserted therein by section thirty-seven of t" The Trade o'43A. Union Act of 1915," is repealed. FIRST SCHEDULE. - - - - - --------------------- ---- ---------- RepeaJ of Acts. I Number of Act. i Extent of Repea'. -- ---- --- --1 I ------------1 ' --------- ------------ §"The Industrial Arbitration Act i 7 Geo. V.No. 161 The whole Act, of 1916" , §"The Industrial ArbitrationAct 114 Geo. V.No. 10:, The whole Act Amendment Act of 1923" §"The Industrial Arbitration Act I 15 Geo. V. No. 25 The whole Act Amendment Act of 1924" 11 I §"The Industrial Arbitratio. nAct 16 Geo. V. No. 13 The whole Act Amendment Act of 1925' §"The Basic Wage Act ofl925 " 'I 16 Geo. V. No. 5 IThe whole Act §"The Industrial Arbitration Acts 11 17 Geo. V. No. 25 : The whole Act Amendment Act of 1926" • I, * 63 Vie. No. 9, Schedule I., supra, page 3,1<1. t 6 Geo. V. No. 31, supra, page 6909. t Repealed by 7 Geo. V. No. 16, supra, page 7538. § Supra, pages 7538. 10587, 11052, 11296, 1130j, and ll;,)96. Q

12632 LABOUR. Industrial Conciliation and ArbitrationAct. 20 GEO. V. No. 28, SECOND SCHEDULE. POWERS AND PROCEDURE OF THE COURT. Initiation of 1. (1.) Proceedings may be initiated before the Court by reference proceeding~ . motion or summons, and bv an industrial union, a member or officer thereof, an inspector, an e~ ployer, or the Minister. (2.) The Court of its own motion may initiate any proceedings and summon before it such persons as it deems necessary. (3.) No proceedings in the Court shall abate by reason of the death of any party, and such proceedings shall by order of the Court continue upon such terms and conditions as the Court thinks fit. rowers of Court. 2. Subject to this Act, the Court may as regards every industrial cause- (a) At or before the hearing, take steps to ascertain whether all persons who ought, in its opinion, to be bound by its decision have had notice of or have been summoned to attend the proceedings; (b) Direct that persons or industrial unions shall be parties to the proceedings, and by whom such parties shall be represented; direct that persons not summoned to attend the proceedings shall be so summoned, if the Court is of opinion, whether from the suggestion of parties or other- wise, that such persons should be so summoned; direct parties to be joined or struck out; (c) Hear and determine the cause in such manner in all respects as the Court, in its discretion, thinks best suited for that purpose; (d) Allow any amendment of the proceedings on such terms as it thinks fit, correct, amend, or waive any error, defect, or irregularity, whether in substance or in form; ((0;) Make any decision, and, without being restricted to the specific relief claimed by the parties, include in any decision any matter or thing which the Court thinks necessary or exp0dient for preventing or settling the industrial dispute or dealing with the industrial matter; (f) Give any direction in pursuance of the decision; \Y) Dismiss any cause, or refrain from further hearing or from determining the cause, if it appears that the cause is trivial, or that, in the public interest, further proceedings by the Court are not necessary or desirable; (h) Order any party to the proceedings to pay to any other party such expenses, including expenses of witnesses, as are specified in the order; (i) Proceed to hear and determine the cause in the absence of any party thereto or other person who has been summoned or served with notice to appear therein; (j) Sit in any place for the hearing and determination of the cause; adjourn its sittings to any time and place; (le) Refer any technical matters or matters of account to an expert, and accept his report as evidence:

LABOUR. 12633 ID29. Indl{strial Conciliation and ArbitrationAct. For obtaining any special or expert information based on facts or figures which the Court may desire, the Court may call in the services of an expert or experts approved by it, and authorise such expert or experts to prepare schedules compiled from returns obtained from employers or employees or both of them (which returns they shall be compelled to furnish under penalty of contempt of court). Such expert or experts shall not divulge the name or private bm,iness of any individual employer; but, without limiting the scope of the inquiry, such schedules may show details of the minimum or maximum and average costs of production, sale, or distribution in the calling concerned, the average net return on capital invested therein, estimates of allowances for depreciation or reserves to equalise profits, and other like general information; and as far as practicable such schedules shall not be confined to one year's operations; The term "expert" shall also mean and include any officer of the Bureau of Statistics or other body hereaftcr to be estahlished. (1) Conduct an inquiry into any matters or remit same to a Board or Conciliation Commissioner for inquiry; (m) Extend any prescribed time, whether within or after the prescribed time ; (n) Waive compliance with any Rule of Court; (0) Review, annul, rescind, or vary any act or decision of the registrar in any manner which it thinks fit; and (p) Generally give all such directions and do all such things as it deems necessary or expedient in the premises. 3. The Court in the exercise of its jurisdiction over Boards and InjUnction, industrial magistrates may make such orders, by way of injunction, mandamus, mandamus, prohibition, certiorari, or otherwise, as it thinks proper. &c. 4. The Court shall have jurisdiction to award costs in all matters Costs. brought before it, including matters dismissed for want of jurisdiction; but no costs shall be allowed of any counsel, solicitor, or agent except on an appeal to the Court or unless in the opinion of the Court it is or was in the interests of justice that counsel, solicitor, or agent should be or should have been heard. 5. The Court in the exercise of its jurisdiction under this Act Judgment may enforce its own decisions and may enforce industrial agreements, and . and for these purposes may make and pronounce all such decisions executIon. or give such directions as may be necessary for doing complete justice in any proceeding before it, and for the execution of any such decision or the enforcement of any order, direction, or industrial agreement, Enforcement and may direct the issue of any writ or process of the Court or of orders and impose and enforce any penalty authorised or prescribed by this awards. Act in the same manner as a judgment of the Supreme Court is enforced, and the Registrar of the Supreme Court and the sheriff and all bailiffs and other officers of the Supreme Court and courts of petty sessions shall be deemed to be officers of the Court, and shall exercise the powers and perform the duties prescribed by the Rules of Court.

12634 LABOUR. lndustr'ial UonC'iliation and A1'bitration Act. 20 GEO. V. No. 28, Powers of 6. In any industrial cause a Judge or registrar or assistant ~ ourt as to registrar may make any order which he thinks just as to- lllterlocutory ma~ ters. (a) Any interlocutory proceedings to be taken before the hearing, the costs thereof, the issues to be submitted to the Court, the persons or industrial unions to be served with notice of proceedingR, particulars of the claims of the parties, admissions, discovery, interrogatories, inspection of documents or of real or personal property, examination .Df witnesses, and the place, time, and mode of hearing; and (b) Any matter which, by Rule of Court, a Judge or registrar or aSRistant registrar, as the case may be, is empowered to hear or deal with when sitting in chambers. Evidence. 7. With respect to evidence in proceedings before the Court, the following provisioll!'l apply :- (a) On the application of any of the parties, and on payment of the prescribed fee, or, by direction of a member of the Court, without any such application or fee, the registrar shall issue a summons to any party or parties, or other person or persons, to appear and give evidence before the Court, and any number of witnesses' names may be inserted in one summons; (I,) The summons shall be in the prescribed form, and may require any person therein named to produce before the Court any books, papers, and other documents in his possession or under his control in any way relating to the cause other than books, papers, or documents relating to any trade secret; (c) All books, papers, and other documents produced before the Court, whether produced voluntarily or pursuant to summons, may be inspected by the Court, and a1,>0 by such of the parties as the Court allows; but the infor- mation obtained therefrom shall not be made public without the permission of the Court; Provided that books, papers, and documents relating to the profits or financial position of any witness or party shall not, without his consent, be inspected by any person except a member of the Court unless such witness or party contends that the profits of an industry are not sufficient to permit of the payment of the wages or the granting of the conditions claimed or proposed to be paid or granted by any award, order, or industrial agreement; and that any parts of the books, papers, and documents which in the opinion of a member of the Court do not relate to any matter in issue may be sealed up ; (d) Every person who is summoned and duly attends as a witness shall be entitled to the prescribed allowance for his attendance and expenses: Provided that, until otherwise prescribed or except as otherwise prescribed, the allowance shall be according to the scale for the time being in force with respect to witnesses in civil actions in the Supreme Court;

LABOUR. 12635 1929. Industrial Conciliation and ArbitrationAct. (e) The Court may accept, admit, and call for such evidence as in equity and good conscience it thinks fit, whether strictly legal evidence or not; (f) Any party to the proceedings shall be competent and may be compelled to give evidence as a witness to the same extent as in cases in the Suprcme Court; (g) The Court may, if it thinks fit, dispense with evidence on any matter on which all parties have agreed in writing, or on any matter as to which the Court deems evidence to be unnecessary; (h) The Court may take evidence on oath, or affirmation, or declaration. S. If any person who has been duly served with a summons to Contempt appear and give evidence before the Court, and to whom payment by witneS3. or tender has been made of any travelling expenses to which he is entitled, fails to duly appear, or if any such person or any person who has appeared or appears as a witness- (a) Refuses to be sworn or make affirmation or declaration as a witness; or (b) Refuses to answer any question which he is required by the Court to answer; or (c) Refuses to produce any book, paper, or document which he is required by the Court to produce; he shall be liable to be ordered by the Court to pay a fine not exceeeding fifty pounds, unless he shows to the satisfaction of the Court that there was good and sufficient cause for such failure or disobedience. 9. The Court, in order to punish contempt of such Court, shall Contempt of have all the protection, powers, jurisdiction, and authority which Court. are possessed by the Supreme Court in respect of contempt of that Court; and for that purpose the provisions of the Rules of the Supreme Court made under "The Judicature Act" applicable to contempt of court, shall, mutatis mutandis, apply and be observed in the exercise, by the said Court, of such protection, powers, jurisdiction, .and authority with respect to contempt: Provided always that any motion for an order that any person be committed to prison for his contempt may be made by the registrar or any other officer of the Court. ·Without limiting the generality of the foregoing provisions, if any person wilfully insults a Judge of the Court or Conciliation Commissioner or registrar or any other officer of the Court during his sitting or attendance in or before the Court, or in going to or returning from the Court, or wilfully interrupts the proceedings of the Court, or otherwise misbehaves himself in or before the Court, the Court may order that the offender be taken into custody and detained till the rIsmg of the Court; and the Court may, by a warrant under its hand and sealed with the seal of the Court, commit the offender to the prison nearest to the Court for any time not exceeding fourteen days, or may impose on the offender a fine not exceeding ten pounds, and in default of payment may commit the offender to prison for any time not exceeding fourteen days unless the fine is sooner paid.

12636 LABOUR. Industrial Concil1:atioll and ArbitrationAct. 20 Gm. V. No. 28, ~ ~ ~ - ~ - - - - ~ ~ - - - How powers 10. The Court may exercise any of its powers on its own motion maybe or on the application of any party to the proceedings, or of any Cexoeurrcti. sed by ipncdrsuosntribaol uunndiobny ctohneneacwteadrdwoifththteheCocuarltl.ing in question, or of any Power to issue orders to take evidence. 11. The Court may issue an order to any person to take evidence on its behalf in relation to any industrial cause; and that person shall have all the powers of the Court in relation to the summoning of witnesses, the production of books and documents, and the taking of evidence on oath or affirmation or declaration. Registrar's powers and duties. 12. The Court may direct the registrar to inquire into any matter as to which he requires information for the purpose of the exercise of the jurisdiction of the Court in any matter not being proceedings for a penalty under this Act, and the registrar shall inquire accordingly and report to the Court. For the purpose of such inquiry and for the purpose of any matter which by this Act. is referred to him, the registrar may summon any persons, administer oaths and take affidavit,;, and examine parties and witnesses. Every person summoned by the registrar shall be bound to attend upon such summons, and shall for disobedience thereto be liable to a penalty not exceeding fifty pounds. Reserved 13. (1.) In any proceeding before the Court it may reserve its decision may derision. be read by· registrar. (2.) Where a decision has been so reserved, the same may be given at any continuation or adjournment of the Court, or at any subsequent holdihg thereof the Court may draw up such decision in writing, and, having signed the same, forward it to the registrar; whereupon the registrar shall notify the parties of his intention to read the same at some specified time and place, and he shall read the same accordingly, and thereupon such decision shall be of the same force and effect as if it had been pronounced by the Court. Adjourn- ments of Court. 14. When the Court is unable to attend at the time appointed for -the hearing of any industrial cause or for any proceeding, the registrar may adjourn the Court, and also adjourn any business set down for the day to such day and time as he deems convenient. R pe· en0aoltvieersya 0 n f d C our1t, 5. orWahneyn suamnyI . Spbeynatlhtye C isouimrtpoors d eedrei d n toanbye ppraoI . cde, eadnindgsnoinoththeer other sums provision is made in this Act for the recovery thereof, a certificate ordered by in the prescribed form, under the hand of the registrar and the seal the Court. of the Court, specifying the amount payable and the respective parties or persons by and to whom the same is payable, may be rued in any Court having civil jurisdiction to the extent of such amount, and shall thereupon, according to its tenour, be enforceable in all respects as if it were a judgment of such Court. License to improvers over 21 yea·rB old. 16. (1.) A Conciliation Commissioner or the registrar or, on appeal from the registrar or Conciliation Commissioner, the Court, may grant to any person over twenty-one years of age, who has given satisfactory proof that such person has not had the full experience prescribed for improvers by any award, a license to work as an improver for the period named in such license, at such wage as the Conciliation Commissioner or Ct;lUrt or registrar thinks fit.

LABOUR. 12637 192D. Indl1strial Conciliation and A.rbitration Act. (2.) Upon receipt of an application for a license the Conciliation Commissioner or registrar shall forthwith give written notice thereof to the secretary of the industrial union of the calling in which the applicant desires to be employed, and shall in such notice appoint a time at which he will hear any objections to the granting of such license. :3.) The industrial union of the calling concerned may at any time after the granting of such license apply to the Conciliation Com- missioner or registrar, or, on appeal from the Conciliation Commissioner or registrar, to the Court, in the manner prescribed, for the revocation or cancellation thereof. 17. The registrar may, notwithstanding the provisions of any University award or industrial agreement now subsisting or hereafter to be students. made, grant to any student of a university, producing sat.isfactory evidence that a period of t.echnical t.raining in a calling is required to enable him to complete his student's course at such university, a license to work oat such calling for such period and for such wages and subject to such condit.ions as t.he registrar may think fit; thereupon such student shall not be deemen to be an improver within the meaning of this Act or of any award or industrial agreement now subsisting or hereafter to be made. The registrar shaH forthwith notify the secretary of the industrial union of the calling in which such licensee is permitted to be employed of the grant of such license and of the conditions contained therein. 18. (1.) Any aged or infirm worker who deems himself or herself Aged or unable to earn the minimum wage prescribed by any award may infirm apply to an industrial magistrate, and any industrial inspector may workers. apply to an industrial magistrate on his or her behalf, for a permit in writing to work for less than the wage so prescribed. (2.) The industrial magist.rate shall be the tribunal to determine whether and on what, conditions such permit shall be granted, and shall have power to revoke or cancel any permit. (3.) The tribunal to which such application has been so remitted shall forthwith give written notice of such application to the secretary of the industrial union of the calling in which such applicant desires to be employed, and shall in such notice appoint a time, not being more than seven nor less than three days from the date of such notice, at which the said tribunal will hear ohjections to the grant of a permit. The said tribunal shall, at the time so appointed, and before deter- mining whether such permit shall be granted, hear objections from any authorised representative of such industrial union. (4.) Such industria'! union may, at any time after the granting of such permit, apply to the said tribunal in the manner prescribed for the revocation or cancellation thereof. (5.) An appeal against any such determination shall not lie from the tribunal to the Court except on the ground that the calling concerned is one in which no such permit should be granted. (6.) Any person paying or receiving a less sum than that authorised by such permit shall be liable to a penalty as for a breach of an award.

12638 Rules of Oourt. LABOUR. Industrial Concaiation and Arbitration Act. 20 GEO. V. No. 28,1929. 19. (1.) The Court may make rules- (a) Regulating the practice and procedure and forms to be followed and used in or in connection with or for the purposes of proceedings before the Court or Board, or Conciliation Commissioner, and in or in connection with or for the purposes of drawing up, settling, and enforcing awards, judgments, convictions, decisions, and other acts given, made, done, and by the Court and awards made hy Boards or the Conciliation Commissioner; regulating proceedings in chambers; (b) As to the publication of its decisions and other acts, and of the awards of Boards, and the effect of such publication; (c) For recovering fines and penalties imposed, and enforcing orders for attachment and orders for the payment of any moneys made under this Act; (d) Prescribing the fees and expenses to be paid to witnesses; (e) Prescribing what (if any) fees shall be paid in respect of any proceedings in the Court, and the party by whom such fees shall be paid; (f) Prescribing the mode of service of process notices, orders, or other proceedings upon parties, persons, or industrial unions; (g) Prescribing the powers, duties, and rights of any officer of the Court; (h) For the making and enforcement of industrial agreements; (i) Delegating the jurisdiction of the Court as permitted by this Act to a Board or Conciliation Commissioner or to industrial magistrates; (j) Prescribing the powers and duties of chairmen of Boards; providing for the appointment of an acting chairman during the temporary absence of the chairman from any cause; (le) Prescribing the furnishing to the registrar of returns, lists of officers and members, and other statistical information by industrial associations; (l) As to all t,hings which this Act contemplatcs shall or may be prescribed by Rules of Court; and (m) As may be necessary or convenient for the full and effective exercise of the jurisdiction, duties, powers, and functions of the Court, or for giving effect to the convictions, decisions, and other acts given, made, or done by the Court or the registrar or other officer of the Court. (2.) All such rules shall be published in the Gazette, and thereupon shall be of the same effect as if they were contained in this Act, and shall be judicially noticed without further evidence than the production of a copy of the Gazette. Such rules shall be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

LABOUR. 20 GEO. V. No. 22, 1929. Workers' Compensation Acts Amendment Act. If Parliament passes a resolution disallowing any such rule, of which resolution notice has been given at any time within fourteen sitting days of such House after such rule has been laid before it, such rule shall thereupon cease to hlwe effect, but without prejudice to the validity of anything done in the meantime. (3.) For the purpose of this Schedule, the term" sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such rules are not duly laid before Parliament as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. 12639 An Act to Amend "The Workers' Compensation 20NGo.eo2. 2. V. Acts, 1916 to 1926," in certain particulars. THE WORKERS' [ASSENTED TO 17TH DECEMBER, 1929.] COMPENSA· TION ACTS B J1J it enacted by the King's Most Excellent Majesty, t~ E~~ ~ :: 9~ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The . Workers' Com- Short title pensation Acts Amendment Act of 1929," and shall be ~ ~ ~ 9truction. read as one with *" The Workers' Compensation Acts, 1916 to 1926," herein referred to as the Principal Act. The Principal Act and this Act ma,y be collectively cited as "The Workers' Compensation Acts, 1916 to 1929." Amendments of the prz:ncipal Act. 2. Section three of the Principal Act is amended as follows:- (a) In subsection 2A, after the word" contractor" Amendment occurring in the second last line before the proviso to of s. 3. the said subsection, the words "and wages-men" are inserted; also, the words" a worker" occurring in the last line before the said proviso are repealed and the word " workers" is inserted in lieu thereof. (b) After the said proviso the following additional provisions are inserted, namely:- "For the purposes of this subsection the term "timber" shall mean and include sleepers, piles, poles, girders, logs, pit timber, or cord wood. * 6 Geo. V. No. 35,7 Geo. V. No. 2(j, 9 Geo. V. No. 21, and 12 Geo. V. No. 29, supra, page 9851; 11 Geo. V. No. 5, 16 Geo. V. No. 18, and 17 Geo. V. No. 17, supra, pa. ~ es 10596, lI3l:!, and 11598.