Industrial Conciliation and Arbitration Act of 1961 (10 Eliz ll No. 25) (Qld)

09uccnshmb 705 ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE. Noe 25., An Act to Re-enact with Amendments "The Industrial Conciliation and Arbitration Acts, !932 to 1959.'' [ASSENTED TO 11TH APRIL, 1961.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- PART !.-PRELIMINARY. 1. (1.) This Act may be cited as "The Industrial Short tit.le, Conciliation and ArbitrationAct of 1961." *(2fi.) Tdhbis Athct shall com~ inCto o~erbatioPrn on a d?'te ~~;;A;t. to b e xe y e 0 overnor m ounci 1 y oc 1 amation published in the Gazette. 2. This Act is divided into Parts as follows:- p ART !.-PRELIMINARY (ss. 1-6) ; PART II.-INDUSTRIAL COURT (ss. 7-8); PART UL-INDUSTRIAL CONCILIATION ARBITRATION COMMISSION (ss. 9-43); AND PART IV.-INDUSTRIAL UNIONS (ss. 44-74) ; PART V .-DISPUTED ELECTIONS IN INDUSTRIAL UNIONS (ss, 75-88) ; PART VI.-INDUSTRIAL AGREEMENTS (ss. 89-94); *Commenced 2 May 1961. (Proc. pubd. Gaz. 29 April 1961, p. 2319.) 23

706 Industrial Conciliation, Etc., Act. 10 Euz. II. No. 25, Abbrevi, ations. PART VII.-GovERNMENT EMPLOYEES (ss. 95-96); PART VIIL-BREACHES OF AWARDS AND OTHER OFFENCES (ss. 97-117); PART IX.-MrscELLANEOUS (ss. 118-141). The following abbreviations are used in the marginal notes to this Act :--Qd.-" The Industrial Conciliation and Arbitration Acts, 1932 to 1959"; T.U.-" The Trade Union Act of 1915"; C'wlth.-The Conciliation and Arbitration Act 1904-1960 of the Commonwealth ; N.S.W.-the Industrial Arbitration Act, 1940-1959, of New South Wales; N.S.W. (H).-the Annual Holidays Act, 1944-1958, of New South Wales. CofoAnscttr,u&ctci.on Coun 3 ci . l, TrheigsulaAticotn aonrdruleevoerfycoPurrot cmlaamdeatuionnd, erOthrdiserAcitn, or decision of the Court or Commission shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment of this Act, or any provision of any such Proclamation, Order in Council, regulation, rule of court or decision would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment or Proclamation, Order in Council, regulation, rule of court or decision, as the case may be, to the extent to which it is not in excess of that power. RN (2 eo 3 p. G e3a e 6l o sa . . n v d . Acts, 4 1 . 9 ( 3 1 2 .) to " 1 T 9 h 5 e 9, I " n a d r u e st h r e ia re l b C y o r n e c p il e ia al ti e o d n . and Arbitration amending Acts). Such Acts are in this Act referred to as the repealed Acts. N 6 13o G . Ge 3 oe 1 . o. v a v n . . d Trade (2 U .) n"ioTnhse(PrTorpaedrety) UAnciot onf 1 A 9 c 2 t 2 o " f ar1e9h1e5r"ebaynredpe " a T le h d e . No. I. Repeal of (3.) Subsection one of section thirty of " The e 9 . G 3 e 0 o. (I V ) . of Wages Act of 1918" is hereby repealed. No.19. Sections 534 ( 4.) The repeal of the repealed Acts shall not affect ?.n;h! 43 A of the operation or continuance in force of section five Criminal hundred and thirty-four of "The CriminalCode," as Gode." amended by section eighty-five of the repealed Acts or of section 543A of " The Criminal Code " as inserted by the said section eighty-five. (5.) The repeal of "The Trade Unions (Property) Act of 1922 " shall not affect the operation or continuance in force of section twenty-two of "The Real Property Act of 1877," as amended by that Act.

1961. Industrial Conciliation, Etc., Act. (6.) The repeal of" The Trade Union Act of 1915" shall not affect the continuity of the identity of any such trade union, or any rights or obligations of any such trade union, or render defective any legal proceedings by or against any such trade union. (7.) The repeal of the repealed Acts shall not affect the continuity of the identity of any industrial union registered as such thereunder, or any rights or obligations of any such industrial union, or render defective any legal proceedings by or against any such industrial union. (8.) Every decision, ruling, judgment or other act of authority or industrial agreement made, given, done or approved by the Industrial Court under the repealed Acts and in force immediately prior to the commencement of this Act shall continue in force as if it were a decision, ruling, judgment or other act of authority or industrial agreement made, given, done or approved by the Court or Commission, according to their respective functions and jurisdictions, under the corresponding provisions of this Act and accordingly ma.y be revoked, altered, amended or otherwise modified by the Court or the Commission, as the case may be. (9.) All penalties and forfeitures imposed under any provision of the repealed Acts and incurred at the date of the repeal of such provision shall and may be enforced as if such provision had not been repealed. (10.) Every action or proceeding of whatever nature under any provision of the repealed Acts commenced or pending at the date of the repeal of such provision, may be carried on and prosecuted as if such action or proceeding had been instituted under the appropriate provision of this Act, and all of the provisions of this Act shall apply thereto, and no such action or proceeding shall abate or be discontinued by the repeal of the repealed Acts : Provided that every such action or proceeding which under this Act is prescribed to be within the jurisdiction of the Commission shall be carried on and prosecuted before the Commission as if it had been instituted before the Commission in the first instance. (1 I.) All registrars, assistant registrars, deputy registrars and other officers appointed under the repealed Acts and in office immediately before the commencement of this Act shall, without further or other appointment, 707

708 Industrial Conciliati011, Etc., Act. 10 ELIZ. II. No. 25, be deemed to have been appointed to their respective offices for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively in terms oftheir appointments. (12.) Every Proclamation, Order in Council, rule, regulation or registration made under the repealed Acts and in force at the time of the repeal thereof shall, subject to this subsection, continue in force until it expires by effluxion of time or is sooner repealed, amended, suspended or cancelled under this Act : Provided that every such Proclamation, Order in Council, rule or regulation shall, while it so continues in force, be read and construed subject to this Act. Int6rpreta. 5. In this Act, unless the context otherwise indicates tion. or requires, the following terms have the meaning respectively set against them, that is to say :- Apprentice. " Apprentice "-Any person bound by agreement for the purpose of being instructed in the knowledge and practice of any calling ; Aw.ird. "Award "-Award of the Commission made under this Act and any award made under the repealed Acts and continued in force by this Act : The term where necessary includes any variation of an award, any industrial agreement, or any variation of an industrial agreement; Bonus payment. " Bonus payment "-A payment by way of the division of the profits of an industry or undertaking, being a payment in excess of a just wage including all proper allowances such as are ordinarily and usually prescribed by an award or industrial agreement ; Branch. " Branch "-Any section, division, chapter or other group within an industrial union, howsoever described, having an executive or governing body or office bearers ; Calling. " Calling "-Any calling, vocation, craft, business or other occupation or any section of any calling; Chief Industrial Inspector. " Chief Industrial Inspector "-The Chief Industrial Inspector appointed under this Act, and includes any person for the time being acting in or discharging the duties of that office ;

1961. Industrial Conciliation, Etc., Act. 709 " Co1unnmdeisrsitohniserA" c-tA; Commissioner appointed s~1o0mnemr. ia- H Decision" includes any award, order, Decision. determination, direction, or declaration ; " Employee "-Any employee, whether on wages Employee. or piecework rates, or a member of a buttygang: The term includes any person whose usual occupation is that of employee in a calling; the fact that a person is working under a contract for labour only or substantially for labour only, or as lessee of any tools or other implements of production or any vehicle used in the delivery of goods, or as the owner, whether wholly or partly, of any vehicle used in the transport of goods or passengers, shall not in itself prevent such person being held to be an employee. In every case where four 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 ; " Employer "-Any person employing or usually Employer. employing one or more employees, whether on behalf of himself or any other person : The term includes every managing director or manager of any corporation, partnership, firm or association and, in the case of an unincorporated association, its secretary and every member of its governing body, by whatever name called: This definition applies so as not to prejudice the entitlement to long service leave under sections seventeen, eighteen, nineteen or twenty of this Act of any person who is a manager or secretary as hereinbefore mentioned in this definition. A person carrying on a calling in which employees are usually employed is an employer, notwithstanding that for the time being he does not employ any employee therein;

710 Improver. lnd11Strial agreement. Industrial cause. Industrial Commission or Commission. lnd11Strial Court. Industrial demarcation. Industrial dispute. Industrial inspector. Industrial magistrate. Industrial tnatter. Industrial Conciliation, Etc., Act. 10 ELIZ, IL No. 25, " Improver "-An employee who, by direction of the Commission given in his case, is serving at a special wage a period of training with an employer for the purpose of becoming a qualified worker in a calling ; " Industrial agreement "-An industrial agreement made or deemed to be made under this Act. "Industrial cause" includes an industrial matter ' and an industrial dispute; " Industrial Commission " or " Commission "- The Industrial Conciliation and Arbitration Commission constituted under this Act : The term includes the Commission sitting as a Full Bench and any Commissioner ; " Industrial Court " or " Court "-The Industrial Court constituted under this Act; "Industrial demarcation "-The determination of the claim of any one class of employees to do any work to the exclusion of other employees; " Industrial dispute "- (a) a dispute including a threatened, pending or probable dispute as to an industrial matter; and (b) a situation which is likely to give rise to a dispute as to an industrial matter; " Industrial inspector "-The Chief Industrial Inspector and any other industrial inspector appointed or deemed to be appointed under this Act: The term includes an acting industrial inspector and any other officer appointed from time to time to act as industrial inspector; " Industrial magistrate "-Any person appointed by or under this Act to be, or to act temporarily in the office of, an industrial magistrate ; "Industrial matter "-Any matter or thing affecting or relating to work done or to be done, or the privileges, rights, or duties of employers or employees, or of persons who have been or intend or propose to be or may

1961. Industrial Conciliation, Etc., Act. become employers or employees not involving questions which are the subject of proceedings for an indictable offence. Without limiting the generality of the foregoing provisions of this definition, the term includes any and every matter relating to- (a) the wages, allowances, or remuneration of any persons employed or to be employed, including for work during ordinary working hours and for overtime, and (subject to this Act) on holidays and for other special work ; and including the questions whether piecework shall be allowed, and whether employees shall be granted an annual leave or holidays upon full pay, and whether and under what conditions employees may board and lodge with their employers, and whether monetary allowances shall be made by employers to employees in respect of standing back or waiting time imposed by the conditions of the employer's enterprise or because of intermittency of industrial operations or other causes; and what length of notice, if any, shall be given by an employer or employee to the other before discontinuing or quitting service or employment, and what amount of wages, if any, shall be paid or may be deducted, as the case may be, in lieu of such notice ; (b) subject to this Act, the hours of employment, the lengths of time to be worked to entitle employees to any given wages, allowances, remuneration, or prices, and what times shall be regarded as overtime and including claims to restrict work before or after certain hours, and the sex, age, qualification, or status of employees, and the mode, terms, and conditions of employment or non-employment, including the question whether any persons shall be disqualified for employment, and including claims to have protective appliances, clothing, hot or cold water, and sanitary and bathing accommodation provided for the use of 711

712 Ind1tst1·ial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, employees, and the fixing of standards of n01·mal temperatures and atmospheric purity in working places below or above ground, and the prescribing of shorter hours, higher wages, or other conditions in respect ofpersons employed under abnormal conditions or in abnormal working places, and the determination of what are abnormal conditions or abnormal working places ; (c) the employment of children, young workers, or improvers, or of any person or persons or class of persons, including the disqualification of any persons for employment by reason of sex or age or disease, or a claim to dismiss or to refuse to employ any particular person or persons or class of persons, or any question whether any particular person or persons or class of persons ought (having regard to public interests, and notwithstanding the common law rights of employers or employees) to be continued or reinstated in the employment of any particular employer ; the number or proportionate number of aged or infirm workers, apprentices, and improvers that may be employed by an employer, and the lowest prices or rates payable to them; (d) the right to dismiss or to refuse to employ or reinstate in employment any particular person or class of persons in any calling ; (e) any custom or usage as to conditions of employment, either general or in any purticular calling, industry, enterprise, or locality; (/) the interpretation and enforcement of an industrial agreement or award except as otherwise provided by this Act ; (g) any matter which is induded in an industrial agreement; (h) the subject matter of any industrial dispute including any matter which has caused ori in the opinion of the Court or of the Commission, is likely to cause disagreement or friction between employers and employees;

1961. Industrial Conciliation, Etc., Act. 713 (i) generally all questions as to what is fair and right (having regard to the interests of the persons immediately concerned and of the community as a whole), according to the standard of the average good employer and the average competent and honest employee in all matters pertaining to the relations of employers and employees, whether or not the relationship of employer and employee exists or existed at or before the time of any application to the Court or the Commission or at the time of the making or enforcement of any decision by the Court or the Commission ; (j) the regulation of the relations between employers and employees, or between employees and employees, 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 ; (k) any question of industrial demarcation; (l) the fixing of trading hours in shops, whether or not employees are employed therein ; (m) any matter, whether industrial or not, which in the opinion of the Court or of the Commission has been, is, or may be a cause or contributory cause of a strike or lock-out or industrial dispute; " Industrial union "-A body or association of In~ustria.I persons registered as an industrial union umon. under this Act ; "Lock-out "-The act of an employer in closing Lock-out. his place of business or suspending or discontinuing 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 contrary to the provisions of this Act ; or

714 Minister. Occupier. Office. Officer. Part. Party. Person. Industrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, (b) to cause loss or inconvenience to his employees or any of them ; or (c) to incite, instigate, aid, abet, or procure any other lock-out; or (d) 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; "Minister "-The Minister for Labour and Industry or other Minister of the Crown for the time being charged with the administration of this Act; "Occupier "-The term shall have the meaning assigned to it by " The Factories and Shops Act of 1960" ; " Office "-In relation to an industrial union or branch of an industrial union- (a) the office of a member of the committee of management of the industrial union or branch; (b) the office of president, vice-president, secretary, assistant-secretary or other executive officer, by whatever name called, of the industrial union or branch ; (c) the office of a person holding, whether as trustee or otherwise, property of the industrial union or branch, or property in which the industrial union or branch has any beneficial interest; and (d) every office within the industrial union or branch for the filling of which an election is conducted within the industrial union or branch; " Officer "-The holder of an office ; " Part "-Part of this Act ; '( Party "-In relation to an award or industrial agreement, includes any person bound by such award or industrial agreement; " Person "-Shall include a body corporate (including any local authority, harbour board or other statutory corporation) and an industrial union ;

1961. Industrial Conciliation, Etc., Act. 715 " Political objects "-The expenditure of m . oney- oPboJ!eitciotsa. l (a) on the payment of any expenses mcurred either directly or indirect]y by a candidate or prospective candidate for election to the Parliament of the Commonwealth or any State or to any public office before, during or after the election in connection with his candidature or election ; or (b) on the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate ; or (c) in connection with the registration of electors or the selection of a candidate for any such Parliament or any public office ; or (d) on the holding of political meetings of any kind, or on the distribution of political literature or political documents of any kind; '' President "-The President of the Court: The President. term also includes any person acting as President; "Public office "-The office of member of any Public Local Authority or of any local public body office. which has power to raise money, either directly or indirectly, by means of a rate; " Registered "-Registered under this Act ; Registered. " Registrar "-The industrial registrar appointed Registrar. or deemed to have been appointed under this Act : The term includes any deputy or assistant industrial registrar so appointed ; " Registry "-The office of the Registrar ; Registry. "Repealed Acts"-'' The lrulustrial Conciliation Repealed arul Arbitration Acts, 1932 to 1959," including Acts. any Order in Council made or purporting to be made under such Acts, whether in addition to or amendment of or in modification of such Acts; "Rules of Court "-Rules of Court made under Rules of t h I . S A . Ct; Court.

716 Statutory objeota, Strike. Industrial Conciliation, Etc., Act. 10 Er,1z. II. No. 25, "Statutory objects "-The regulation of the relations between employees and employers, or between employees and employees, or between employers and employers ; the imposing of restrictive conditions on the conduct of any trade, calling, business or industry; the promotion of the general and material welfare of members of trade unions, and the enforcement and defence of their rights and privileges ; the assistance by federation or otherwise of kindred organisations having the like objects ; also the establishment and maintenance of newspapers or political objects as herein defined if combined with all or any of the aforesaid objects; and also the provision of benefits to members of trade unions; " Strike "-The act of two or more employees, who are or have been in the employment either of 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 discontinuance 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 being due to or in pursuance of any combination, agreement, or understanding, 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 cause loss or inconvenience to any such employer in the conduct of his business ; or

1961. Industrial Conciliation, Etc., Act. 717 (c) to incite, instigate, aid, abet, or procure any other strike ; or (d) to assist employees in the employment of any other employer to compel or induce that 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 any employees ; " Trade union " or " Union "-Any industrial Trade union uni . on an d any com b 1 ' na t 1 ' 0n, w h et, her or Union. temporary or permanent, the principal objects of which are under its constitution statutory objects; " Young worker "-Any person, male or female Young (other than an apprentice or an improver) worker. under twenty-one years of age, who receives a lower wages price or rate than that fixed by any award for ordinary adult employees. ~Q: 6. (1.) Subject to this section, this Act applies to Af.plication all callings whatsoever and to all persons whomsoever. 0: : 5_ 1 (2.) This Act does not apply to any State child within the meaning of " The State Children Acts, 1911 to 1955." (3.) The Governor in Council may from time to time, by Order in Council, declare that this Act does not apply to any person or class of persons specified in the Order in Council. While such Order in Council continues in force this Act does not apply to any person or the persons included in any class of persons specified in such Order in. Council. (4.) Any award or other decision shall be inoperative to the extent to which it purports to apply to any person to whom this Act does not apply. (5.) The provisions of this Act shall apply so as to not create any right, privilege or benefit in respect of any period of service as an employee in respect of which the like right, benefit or privilege has been granted, received or given under and in accordance with a corresponding provision of the repealed Acts.

718 Industrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, PART IL-INDUSTRIAL COURT. ~dustrial 7. ( 1.) For the purposes of this Act the Industrial ci:;itution. Court is hereby preserved, continued in existence and constituted under this Act. Membership. (2.) The Court shall consist of a Judge of the Supreme [Qd. s. 6 (I).] Court of Queensland who shall be the President of the Court and who, notwithstanding the provisions of any other Act, shall continue to hold and may exercise the office of a Judge of the Supreme Court. Salary. (3.) The Judge of the Supreme Court thereunto [Qd. a. 6 (S).] appointed shall perform the duties of President of the Court without remuneration or emolument other than his salary as such Judge. T~rm of ( 4.) The President shall be appointed for such term ~Qt~. 6 ( 4) .] as the Governor in Council may fix and may be reappointed from time to time for any further term fixed by the Governor in Council. The President in office immediately prior to the commencement of this Act shall continue to hold such office pursuant to his appointment thereto under the repealed Acts : Provided that the President shall retire from office upon attaining the age of seventy years notwithstanding that he has not then remained in office for the term then current of his appointment. If the term of office of the President expires during the continuance of any matter on which he has entered, 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 matter. Qd. s. 6 (6).] ( 5.) In case of the illness, inability or absence of the President the Governor in Council may appoint a Judge of the Supreme Court or some person qualified to be appointed a Judge of the Supreme Court to act as President, and notwithstanding any Act to the contrary, a Judge of the Supreme Court so appointed shall act as President of the Court without renumeration or emolument other than his salary as a ,Judge of the Supreme Court. A person qualified to be appointed a Judge of the Supreme Court so appointed shall be paid salary at the rate applicable to a Judge of the Supreme Court whilst acting as President of the Court.

1961. Industrial Conciliation, Etc., Act. 719 Such Judge or person so appointed, whilst acting in the capacity of President, shall have all the powers and perform all the duties of a member and President of the Court during the illness, inability or absence as aforesaid of the President. (6.) The President sitting alone shall constitute Judic_ial f~;,t~~: the Court, and, except as in this Act or any Rules of 8 ( 7 ).J Court otherwise provided, all the powers and jurisdiction of the Court (including any jurisdiction conferred by any other Act on the Full Bench of the Industrial Court) may be exercised by the President sitting or acting alone: Provided that for the purpose of proceedings under subparagraphs (iv.) or (v.) of paragraph (b) of subsection one of section eight or under subsection six of section forty-six of this Act or under any other provision of this Act jurisdiction in respect of which is conferred on the Full Industrial Court, the Court shall be constituted by the President sitting with two Commissioners, and the Court as so constituted shall be known as the Full Industrial Court. (7.) (a) The President shall have and exercise the [C'wlth. s. function of organising and allocating the work of the 26· 1 Commission amongst the Commissioners and in particular the President may assign a Commissioner or Commissioners to a specific dispute or situation or to disputes or situa,tions of a specified class; (b) A Commissioner shall comply with any direction [C'wlth. s. given for the purposes of this subsection which is 27· 1 applicable to him. (8.) The Court shall be a superior Court of Record. [Qd. s. 6 (7).J (9.) The Court shall have an official seal, which Seal. shall be judicially noticed. [Qd. s. 6 (S).J 8. (1.) The Industrial Court shall have jurisdiction- Jurisdiction ( a ) to exerci . se any power or J . uri . s d 1 ' 0t1 . 0n con £ erred o In f d th u e strial on the Industrial Court by this Act or any Court. power or jurisdiction conferred on the Industrial Court, including the Full Bench of such Court, by any other Act ; (b) to hear and determine- (i.) appeals from the Commission under section thirty-four of this Act;

720 Industrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, (ii.) cases stated by the Commission pursuant to section thirty-five of this Act; (iii.) appeals from industrial magistrates in all proceedings for offences against this Act or for damages or for the recovery of moneys under this Act or under an award or industrial agreement ; (iv.) proceedings for offences in respect of which imprisonment or a maximum penalty in excess of one hundred pounds is provided and proceedings for cancellation or suspension of the registration of an industrial union ; (v.) proceedings for offences against sections thirty-nine, fifty, fifty-six, subsection one of section sixty, and sections seventy- seven, eighty-two, eighty-six, one hundred and six, one hundred and seven, one hundred and twenty-one or one hundred and thirty of this Act ; (vi.) appeals from and references by the registrar on matters of law and procedure; (c) in respect of contempt of the Court; (d) to exercise all the powers and jurisdiction of the Supreme Court for the purpose ofensuring, by the issue of the prerogative writs and other appropriate process that the Commission and all industrial magistrates properly exercise and do not exceed their jurisdiction under or pursuant to this Act. [Qd.e. 7 < 2 >-l (2.) Nothing in this Act shall be interpreted to limit by implication the jurisdiction conferred upon the Court by this Act. {Qd. s. 7 (3).J (3.) The Court shall have power to make a decision irrespective of any specific relief claimed or applied for by any party and to give any direction with a view to the hearing or determination of any matter within its jurisdiction. [Qd.e. 21 (2),) (4.) Subject to this Act every decision of the Court shall be final and conclusive, and shall not be impeachable for 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 :

1961. Industrial Conciliation, Etc., Act. 721 Provided that an appeal shall lie to the Fall Court of the Supreme Court at the suit of any person aggrieved as a defendant by a decision of the Full Industrial Court in proceedings under subparagraphs (iv.) or (v.) of paragraph (b) of subsection one of this section or by a decision of the Court in proceedings under paragraph (c) of subsection one of this section. In such an appeal the validity of a decision of or proceedings in or before the Commission or an industrial magistrate shall not be called in question. (5.) The jurisdiction of the Court under this Act [Qd. s. 21 shall be wholly exclusive of the jurisdiction of the < 3 >-l Supreme Court and proceedings in the Court shall not be removable by certiorari, and no writ of prohibition shall be issued, and no injunction or mandamus shall be granted by the Supreme Court in respect of or to restrain proceedings in the Court which are within the jurisdiction of the Court under this Act. (6.) The validity of any decision of or proceedings [Qd. s. 21 (3) in or before the Commission or an industrial magistrate < 4 >-l shall not be challenged except as provided by this Act. Except as is provided by this Act, such proceedings shall not be removable by certiorari and no writ of prohibition shall be issued and no injunction or mandamus shall be directed to the Commission or an industrial magistrate by any Court,including the Supreme Court, whether for excess of jurisdiction or absence thereof or failure to exercise the same or upon any other ground whatsoever. (7.) In proceedings before the Full Industrial Court [Qd. s. 7 (5).] the decision of the President upon any question arising as to the jurisdiction of the Court or as to the construction of any of the provisions of this Act or of an award or industrial agreement or of any other Act or law shall prevail and be the decision of the Court, but in all other matters the question shall be decided according to the decision of the majority. (8.) Notwithstanding any other provision of this [Qd.s. 7 (7). Act, the Court may refuse to proceed with the hearing and determination of any proceeding, application, question or matter with respect to any award at any time when any of the employees to whom the award applies (and whether employees whose employment will

722 Industrial Concili,dion, Etc., Act. 10 ELIZ, If. No. 25, C'wlth. s. 70,] or may be affected in any respect by the determination of such proceeding, application, question or matter, or not) are involved in an industrial dispute or are contravening or failing to comply with any provision of this Act or of the award or of any order, direction or judgment of the Court or the Commission. (9.) An interpretation of this Act or of an award or industrial agreement given by the Court in the exercise of any jurisdiction under this Act shall be final and conclusive and binding on the Commission and all industrial magistrates and on all industrial unions and persons subject to this Act or bound by the award or industrial agreement as the case may be. (10.) The President shall, once in each year, furnish to the Minister for presentation to Parliament a report on the working of this Act and in particular of the working of the Court and of the Commission. p ART III.-INDUSTRIAL CONCILIATION AND ARBITRATION COMMISSION. Industrial 9. (1.) There is hereby established" The Industrial ~~dcilia ti 0 n Conciliation and Arbitration Commission" consisting of Arbitr?-ti?n not more than five persons appointed from time to time Conumssion. by the Governor in Council by commission in Her Majesty's name. [Qd. s. 6 (2).J (2.) A person appointed to be a Commissioner shall not be capable of being a member of the Executive Council or of the Legislative Assembly, and shall not act as a director or auditor or in any other capacity take part in the management of any bank, joint stock company, trade, or business. (3.) The salary of a Commissioner shall be at the rate applicable from time to time to a Judge of District Courts: Provided that the salary of a Commissioner who, immediately prior to his appointment as such, was a. member of the Industrial Court as constituted under the repealed Acts, shall be at the rate aforesaid or at the rate of his salary as such member when he relinquished his appointment as such member, whichever shall be the higher.

1961. Industrial Conciliation, Etc., Act. 723 (4.) A Commissioner shall be appointed for a term [Qd. s. 6 (4).J of seven years but may be re-appointed for a further term not exceeding seven years : Provided that a Commissioner shall retire from office upon attaining the age of seventy years notwithstanding that he has not then remained in office for the term then current of his appointment. If the term of office of a Commissioner expires during the continuance of any investigation or any matter on which he has entered as a Commissioner, the Governor in Council may (and from time to time if necessary) without re-appointment continue him in office for such time as is necessary to enable him to complete such investigation or matter. (5.) Every Commissioner shall hold office during [Qd. s. 6 (5).J good behaviour and shall not be removed therefrom unless an address praying for such removal shall be presented to the Governor by the Legislative Assembly. (6.) In the case of illness, inability, or absence [Qd. s. o (6).J of a Commissioner, the Governor in Council may appoint some other person to act as the deputy of such Commissioner during such illness, inability, or absence, and every such person shall, while he acts as such deputy, have all the powers and perform all the duties of and be subject to the same disabilities as such Commissioner. (7.) A Full Bench of the Commission shall be constituted by not less than three Commissioners, and any question before such Full Bench may be decided according to the decision of the majority. (8.) A Commissioner sitting or acting alone shall [Qd. s. 6 ( 7 )-J constitute the Commission and except as by this Act otherwise provided, all the powers and jurisdiction of the Commission shall be exercised by a Commissioner sitting or acting alone. If more than one Commissioner is sitting at the same time in the exercise of the jurisdiction of the Commission under this Act each such Commissioner shall constitute the Commission. (9.) The Commission shall be a Court of Record (10.) The Commission shall have an official seal, [Qd. s. 6 (S).J which shall be judicially noticed.

724 Industrial Conciliation, Etc., Act. 10 ELiz. II. No. 25, amLbeesamevnbeceoerfstoof provi1d0ed. , (1 th .) eSpurbojveicstionass ohf esreecitniaofntserthirnee tahnisd f s o e u c r tio o n f mt [ h Q ies d sC . ioo s nm . . - 6A s " h T a h ll e ap S p u l p y r t e o m e e ac C h o C u o rt mm Ac is ts sio A n m er e a n s d i m f e s n u t ch A C c o t m o m f is 1 s 9 io 4 n 4 e " r (l).] were a Judge of the Supreme Court. [Qd. s. 6.&. (4).] (2.) Any reference in the said sections three and four of " The Supreme Court Acts Amendment Act of 1944 " to the passing of that Act shall, for the purposes of this section, mean the commencement of this Act. [Qd. s. 6A (2).] For the purpose of ascertaining as at any time the number of years of service as a Commissioner completed by any Commissioner, every period during which he has served, whether in pursuance of his first appointment or of any renewal thereof or of any subsequent appointment as a Commissioner or as a member of the Industrial Court, as constituted under the repealed Acts, shall be taken into consideration. Jurisdiction 11. ( 1.) The Commission shall hear and determine c~!1;ission. all questions, whether of law or fact, which may be [Qd. s. 7 -J 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 Commissioner had held a conference under this Act, and as to which no agreement has been reached, and which a Commissioner has thereupon referred to the Commission, and more particularly, but without limiting the generality of the above provisions, shall have full powers and jurisdiction- (a) upon reference by an industrial union or employer or any twenty employees (not being members of an industrial union of employees and not covered by an award) in any calling, or the Minister or of its own motion, to regulate the conditions of any calling or callings by an award;

1961. Industrial Conciliation, Etc., Act. (b) on the application of any person interested or of its own motion, or by direction of the Minister, to hold an inquiry into or relating to any industrial matter and report the result of such inquiry to the Minister ; (c) at the direction of the Minister, or on the application of an industrial union or an employer, to codify into one award, subject to such amendments as it may deem expedient to make, all awards binding or affecting any employer or class or section of a class of employers in any calling or callings, or the members of an industrial union employed by the same employer or class or section of a class of employers when such employer or class or section of a class of employers or such members is or are subject to more than one award ; (d) to define and declare the relative rights and mutual duties of employers and employees according to what in the opinion of the Commission should be the standard of fair dealing between an average good employer and a competent and honest employee. (2.) Nothing in this Act shall be interpreted to limit by implication the powers or jurisdiction conferred upon the Commission by this Act. (3.) The Commission shall have power to make a decision irrespective of any specific relief claimed or applied for by any party and to give any direction with a view to the hearing or determination of any matter within its jurisdiction. (4.) The Commission in any proceedings before it may by order or direction do anything which it is authorised by this Act to do by an award. (5.) The Commission may in its complete discretion, by general order or for the purposes of a particular case, delegate either to an industrial magistrate or to industrial magistrates generally, or to the Chief Industrial Inspector the working out of any decision of the Commission, or the making of orders, the giving of directions, the preparation of rosters and schedules, or such other like function as it shall think fit consequent on any such decision. 725

726 Indusfrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, (6.) Notwithstanding any other provision of this Act, the Commission may refuse to proceed with the hearing and determination of any proceeding, application, question or matter with respect to any award at any time when any of the employees to whom the award applies (and whether employees whose employment will or may be affected in any respect by the determination of such proceeding, application, question or matter, or not) are involved in an industrial dispute or are contravening or failing to comply with any provision of this Act or of the award or of any order, direction or judgment of the Court or the Commission. Pro~isions 12. ( 1.) Without limiting the generality of the :Varda. powers of the Commission, the Commission may make [~d. 8• 8 < 1 > an award with reference to a calling or callings- (i.).J (a) subJ • ect to thi • s A ct, fixm. g t he quantum o f work or service to be done, and the lowest prices for their work or rates of wages payable to employees other than aged or infirm workers ; but in fixing rates of wages of employees in any calling- (i.) the same wage shall be paid to persons of either sex performing the same work or producing the same return of profit to their employer; (ii.) the Commission shall be entitled to consider the prosperity of the economy and the value of the labour of any classification of employee but in so doing it shall not award bonus payments. Bonus payments shall be a matter for negotiation between employee and employer or an industrial union or industrial unions on their behalf and the President shall, if the parties so request, make available a Commissioner for the purpose of mediation in relation to such negotiation and any bonus so negotiated may be registered with the Commission: Provided that any bonus payment provided for by an award or industrial agreement in force immediately prior to the commencement of this Act shall continue in force until the circumstances in

1961. Ind1tstrial Conciliation, Etc., Act. 727 which it was awarded shall have so altered as to require the reduction or abrogation thereof and the Commission shall have jurisdiction from time to time to reduce such bonus payments or to abrogate them accordingly ; (b) subject to this Act, fixing the number of hours [9d. 8 - s (1) and the time to be worked in order to entitle (n.).] employees to the prices or wages so fixed ; (c) subject to this Act, fixing the lowest rates for [9_d. 8 • s (1) overtime, work on holidays, and other special (m.).] work, including allowances as compensation for overtime, work on holidays, and other special work ; (d) subject to this Act and to the provisions of [~d. 8• s (1) "The Apprentices and Minors Acts, 1929 (iv.).] to 1959," fixing the number or proportionate number of women to men, of young workers to adult workers, and of apprentices and improvers to journeymen in any calling ; and fixing in respect of women workers, young workers, apprentices, and improvers in a calling the quantum of work to be done and the number of hours and the times to be worked by them, and the lowest prices and rates payable to them, for ordinary time, overtime, and work on holidays notwithstanding in the case of apprentices the existence of current indentures or contracts of apprenticeship : and provided that, in the case of apprentices, the increase in such prices or rates fixed for the years of the apprenticeship may be payable contingently upon the passing by the apprentice of any prescribed tests for the obtaining by him of any prescribed certificates of tuition or competency ; f~J/· (e) rescinding or varying any decision, direction, 8 < 1 > or industrial agreement ; "· · (/) abrogating or varying contracts for labour, [Q_d. 8. s (1) including contracts of apprenticeship, made (vi.).] at any time before or after the commencement of this Act, subject to such conditions and such exemptions as the Commission thinks just;

728 Industrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, [Qd. a. 8 (1) (vii.).] (g) giving such retrospective effect as the Commission may consider right, fair, and honest, or as may be consented to by the parties to the whole or any part of its award : Provided that (except with the consent of the parties) the retrospective effect aforesaid shail not be made to operate prior to the date when the Commission first took cognizance of the matter in question ; [Qd. s. 8 (1) (ix.).] (h) ordering that where an award has fixed a starting time and a ceasing time for employees engaged in any calling in or in connection with any workshop, factory, warehouse or shop, it shall not be lawful for any person to work at such calling outside of such fixed hours or to engage or be engaged outside such hours in or in connection with the production for sale of any articles ordinarily produced in such calling, subject however to such exemption as the Commission may determine; [Qd. s. 8 (I) (x.).] (i) directing that a copy of an award or industrial agreement be exhibited in a conspicuous and convenient place on the premises of any employer affected thereby ; and [Qd. s. 8 (1) (xi.).] (j) generally dealing with, determining and regulating any industrial matter. In respect of an award dealing with transport services, the Commission shall have regard to public safoty and convenience. Preference. (2.) Where it is mutually agreed by the parties r Qd. s. 8 < 2 l-J concerned or considered advisable by the Commission that preference be granted either generally or to any industrial union, such preference shall be granted subject to such conditions as the Commission may approve. (3.) Notwithstanding the prov1s10ns of "Tlie Factorie.s and Shops Act of 1960" the Commission may from time to time fix the hours of trading in shops as defined in the said Act (whether employees are employed therein or not) either generally, or in respect of a class of shops, or in respect of a specified locality or area,

1961. Industrial Conciliation, Etc., Act. 729 or otherwise as it shall in its complete discretion determine and in particular, but without prejudice to the generality of the foregoing, the Commission may-- (a) fix the hours of opening and closing on any day of the week; (b) modify or alter the early closing provisions [Cf. Q_«;l; s. s or the half-holiday provisions of the said (I) (vm.).) Act to any extent, deemed proper or convenient and in particular so that any shop, business or person may be wholly or partly relieved of the incidence ofsuch provisions ; ( c } f aronmy t 1 . msuech t o t· 1mmoedrifeivcoa k ti.oenm . , w h aolt 1 eeraotriom . n paor t r ( [ I C ) f ·( v Q m .. d . . ·) • 8 1• 8 declaration, whereupon a.nd pending the making of further awards or orders the statutory provisions 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. 13. (1.) The Full Bench of the Commission may Power to [rom ti~e to time ?eclare general rulings relati1?-g ~o 3:ny ::.~~ mdustr1al matter m order to prevent a mult1phcat1on rulings. of inquiries into the same matter : [Qd. s. 9 .J Provided that before entering upon the making of a general ruling the Commission shall give reasonable notice in such mam1er as it shall deem fit of its intention to do so and shall give an opportunity to all persons interested in the subject of such proposed general ruling to be heard. (2.) A declaration of a general ruling shall have effect as if it were a decision of the Commission. (3.) V:/ithout limiting the generality of the power Instance~ of conferred by the hvo immediately preceding subsections, such rulings. but subject to this section, the said. Full Bench may from time to time make declarations as to- ( a) The cost of living; (b) The standard of living; (c) The basic ,vage for males and/or females; (d) The standard hours.

730 Industrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, (4.) The basic 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 basic wage is fixed. In fixing such basic wage the earnings of the wife or any child of such employee shall not be taken into account. (5.) The basic wage of an adult female employee shall not be 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 basic wage is fixed; (6.) The Commission 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. Adjustment (7.) Upon a declaration of a general ruling including f!i=~ or a declaration as to the basic wage during the currency of agreements. an award or industrial agreement the terms of such award or industrial agreement shall be varied to accord with such declaration by the registrar (subject to an appeal to the Commission) and such variation of an award or industrial agreement shail be published in the Gazette or Queensland Government Industrial Gazette and have effect as an award or industrial agreement on and from the date fixed in such declaration. Directions 14. (1.) Save as hereinafter provided., every award ~bse~ed by shall be deemed to contain provisions to the following f~:nuss~~n. the . . effect, or provisions not less favourable to employees, save in the callings mentioned in the proviso to (I).j s. paragraph (a) of this subsection:- (a) employees shall not be worked on more than six out of seven consecutive days, and the time worked by them within any period of six consecutive days shall not exceed forty hours ; the time worked by employees on

1961. Incl1tstrial Conciliation, Etc., Act. each day shall not exceed eight hours, except in those callings where an industrial union of employees and an employer or association or union of employers otherwise agree : Provided that (notwithstanding the foregoing provisions of this paragraph (a))- (i.) for employees in the callings following, namely sta.tion mistresses and female gatekeepers in the employ of the Commissioner for Railways, gatekeepers in the employ of the Department of Main Roads or a Local Authority, employees on coastal, river, and bay vessels, employees in rural industries or employees engaged in such other necessary services as the Commission in its discretion may determine, and employees engaged in domestic service, the Commission in its discretion may determine the m:i.ximum number of working days and hours in any week; (ii.) the Commission shall not be required to observe the direction contained in this paragraph (a) if it is of opinion that in respect of any industry or calling (whether the industry or calling immediately concerned or some other industry or calling) substantial unemployment will result or that the communit.y in general will be prejudicially affected by the observance by the Commission of such direction, but in no case where such direction is not observed shall the time worked by any employee within any period of six consecutive days exceed forty-eight hours ; (b) the working time of employees in underground occupations, or occupations in which the conditions as to temperature, ventilation, lighting, and limitation of approaches are similar to those obtaining in underground occupations- (i.) shall include permitted intervals for rest and meals, and (ii.) shall be reckoned from bank to bank, and 731

732 Ind1tstrial Conciliation, Etc., Act. 10 ELiz. II. No. 25, (iii.) shall, subject as hereinafter provided, but without prejudice to any provision of " The Goal Mining Acts, 1925 to 1952," not exceed six hours per day unless a. temperature of less than eighty-three degrees Fahrenheit thermometer, using a wet bulb, is maintained for at least a three- fourths' proportion of the working shift in the woTking place where the employee is occupied: Provided that subparagraph (iii.) of this paragraph shall not apply with respect to the working place where the employee is occupied if such place is thoroughly ventilated during the whole of the working shift or half-shift, as the case may be, by a current of air moving at a rate not less than tha,t which can be measured with the instruments ordinarily used for that purpose: Provided further that in all cases the employee shall be paid as for a full shift or half-shift as the case may be; (c) overtime, that is, time worked in excess of the times or hours above limited, or before or after the fixed or recognised times of starting or leaving off work on any day in l:J.llY calling, may be permitted by the terms of any award or industrial agreement at a rate of payment therefor of not less than double time in any calling in or in connection with which more than one shift per day is worked, or not less than time and a-half in any other calling; (d) notwithstanding the terms of any current award or industrial agreement, the Commission may from time to time, for the purpose of distributing the work available in a calling so as to relieve unemployment, or for any other purpose which appears to the Commission to be good and sufficient, prohibit or restrict to any extent the working of overtime in any calling ;

1961. Ind1istrial Conciliation, Etc., Act. 733 (e) subject to this subsection, where in any calling the ordinary time of work is at the commencement of this Act fixed by award or industrial agreement or by well- established practice in the calling, such time shall not be exceeded in any award or industrial agreement made after such commencement in respect of such calling. (2.) In all cases whe:re the Commission determines Rest pa.uses. it practicable, every award or industrial agreement shall contain provisions entitling every employee governed thereby to a rest pause of not less than ten minutes duration in the first and second half of his daily work. Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary. (3.) Save as hereinafter provided, every award shall ; , a o . r ym ce ~ r ~ .... ~ .1n be deemed to contain provisions to the following effect, holidays. or provisions not less favourable to employees : - ~i~j 0 10 • All work done by any employees on Good Friday, Labour Day (the first Monday in May or other day appointed under "The Holidays Acts, 1912 to 1954," to be kept in place of that holiday), Christmas Day, the twenty-fifth day of April (Anzac Day), the first day of January, the twenty-sixth day of January, Easter Saturday (the day after Good Friday), Easter Monday, the birthday of the Sovereign, and Boxing Day, or any day appointed under" The Holidays Acts, 1912 to 1954," to be kept in place of any such holiday, shall be paid for at the rate of double time. Moreover, all work done by an employee in a district specified from time to time by the Minister by notification published in the Gazette or the Queensland Government Industrial Ga:wtte on the day appointed under "The Holidays Acts, 1912 to 1954," to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time.

734 Industrial Conciliation, Etc., Act. 10 ELIZ, II. No. 25, Unless the Commission in its discretion otherwise determines, for the purposes of this subsection, 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. Nothing in this subsection shall have reference to Sunday work. Nothing in this section shall prevent the Commission from granting the equivalent of annual leave on full pay in lieu of extra payment for work done on the aforesaid holidays: Provided that all time worked on any of the aforesaid holidays outside the ordinary starting and ceasing times prescribed by an award for the day of the week on which such holiday falls shall be paid for at double the rate prescribed by the award for such time when worked outside the ordinary starting and ceasing times on an ordinary working day. Notwithstanding anything hereinbefore in this subsection contained, all awards and industrial agreements (whether made before, on, or after the commencement of this Act) shall be deemed to contain provisions to the effect that all employees governed by such awards or industrial agreements shall be entitled to be paid a full day's wage for Labour Day (the first Monday in May or other day appointed under " The Holidays Acts, 1912 to 1954," to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day, and that if any employee concerned actually works on Labour Day, such employee shall be paid a full day's wage for that day and in addition a payment for the time actually worked by him at the ordinary rates prescribed for such work with a minimum of four hours. Provision (4.) Where any person on any one day performs wdahyertweoonoorne two or more c 1 asses o f wor k t o w h 1 ' c h a di.cucerenti· a 1 rate more classes fixed by any award or industrial agreement is applicable, ~;i:!:i~ such person if employed for more than four hours on [Qd. s. 10 the class or classes of work carrying a higher rate shall < 2 .1.).] be paid in respect of the whole time during which he works on that day at the same rate, which shall be at the highest rate fixed by such award or industrial

1961. Industrial Conciliation, Etc., Act. 735 agreement in respect of any of such classes of work, and if employed for four hours or less on the class or classes of work carrying a higher rate he shall be paid at such highest rate for four hours. (5.) Any and every employee who, having been [~d. s. 10 dismissed or stood down by his employer during the ( u).J month of December in any year, shall be re-employed by that employer at any time before the end of the month of January in the next succeeding year shall, if that employee shall have been employed by that employer for a continuous period of two weeks or longer immediately prior to being so dismissed or stood down, be entitled to be paid and shali be paid by his employer (at the ordinary rate payable to that employee when so dismissed or stood down) for any one or more of the following holidays, namely, Christmas Day, Boxing Day, and the first day of January occurring during the period on and from the date of his dismissal or standing down to and including the date of his re-employment as aforesaid. (6.) Application may be made at any time during t;plioations the currency of an award in force at the commencement ex;rJg of this Act to make such variations or amendments a.wards· as are necessary to bring it into conformity with or to give effect to this section. (7.) An employer who dismisses or stands down any employee with the intention of avoiding any obligation imposed upon that employer by this Act or any award or industrial agreement in respect of the payment of that employee for any holiday or leave due or accruing to that employee by way of annual holidays, sick leave, or long service leave shall be guilty of an offence and liable to a penalty of not more than two hundred and fifty pounds. r~~~y:oA. 15. ( 1.) Notwithstanding any other prov1s10n of ~ual this Act, or of any award or industrial agreement, all awards and industrial agreements, and whether made (l).J • before, on or after the commencement of this Act, shall be deemed to contain provisions to the effect that all employees governed by such awards or industrial agreements shall be entitled to annual holidays under, subject to, and in accordance with the provisions of this section.

736 Industrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, Period of annual holiday. [Qd. s. lOA (2).] (2.) Every employee (other than an employee employed at piece-work rates or a casual employee as defined in any award or !ndustrial agreement} shall at the end of each year of his employment by an employer become entitled to an annual holiday on full pay of- (a) Not less than three weeks, if employed in a calling where three shifts per day are worked over a period of seven days per week, unlefiS in any particular case the Commission in its discretion decides that such employee is otherwise adequately compensated for the disabilities attaching to shift work; or (b) Not less than two weeks in any other case : Provided that a period in excess of three months during which the employee is on leave of absence without pay shall not be taken into account in calculating the year of employment for the purpose of this section. !c%1J1:; (3.) (a) Any annual holiday shall be exclusive of exolusive of any statutory holiday which may occur during the period ~1:i!:;z of that annual holiday and shall be paid for by the [Qd. s. IOA employer in advance- (3).J (i.) In the case of any and every employee in receipt immediately prior to that holiday of ordinary pay at a rate in excess of the ordinary rate payable under the applicable award or industrial agreement, at that excess rate; and (ii.) In every other case, at the ordinary rate payable to the employee concerned immediately prior to that holiday under the applicable award or industrial agreement. (b} Where an employer to whom an employee has been apprenticed continues to employ that employee upon the completion of his apprenticeship, leave by way of annual holidays accumulated during the period of apprenticeship and taken during or paid for upon the termination of continued employment as aforesaid shall be deemed to be accumulated annual holidays to which this section applies and accordingly shall be paid for as prescribed by paragraph (a) of this subsection. Except as otherwise directed by the Commission, in calculating for the purposes of this paragraph the amount of leave by way of annual holidays accumulated during the apprenticeship any limitation of that amount imposed

1961. Industrial Conciliation, Etc., Act. 737 under or in pursuance of" The Apprentices and Minors Acts, 1929 to 1959," shall be taken into account, but any limitation imposed by the applicable award or industrial agreement of the amount of leave by way of annual holidays as prescribed by this section which may be accumulated during the continued employment shall not be taken into account in making that calculation. This paragraph shall apply so as not to prejudice or affect howsoever the right of an employee as such to leave by way of annual holidays additionally to his right, if any, to leave as prescribed by this paragraph. (4.) Where the employment of any employee who Holida.y :;;t has become entitled to the annual holiday provided by bfi~;ere this section is terminated whether by the employer or by the employee and the employee has not taken that [Qd.n~. 10. ._ holiday, the employer shall be deemed to have given (4).] the holiday to the employee from the date of the termination of the employment, and shall forthwith pay to the employee, in addition to all other amounts due to him, his ordinary pay for the period of that annual holiday and also his ordinary pay for any statutory holiday occurring during such period. (5.) (a) Subsection four of this section shall apply with respect to every period of employment of an employee by any employer which is less than one year, such period being computed from the date of the commencement of the employment or (where the employee has during the employment become entitled to any annual holiday or holidays under this section) computed from the date upon which he became entitled to that annual holiday or to the last annual holiday, as the case may be. (b) Where the employment of any employee by an employer is terminated at the end of a period of employment to which this subsection applies, the employer shall forthwith pay to the employee, in addition to all other amounts due to him, if he is an employee to whom paragraph (a) of subsection two of this section applies an amount equal to one-sixteenth of his ordinary pay for that period of employment, or if he is an employee to whom paragraph (b) of subsection two of this section applies an amount equal to one- twenty-fifth of his ordinary pay for that period of employment. 24

738 Industrial Conciliation, Etc., Act. 10 Euz. II. No. 25, [Cf.N.S.W. (H)s. 3(3) (7).] (6.) If the employee and the employer so agree, the annual holiday may be taken wholly or partly in advance before the employee has become entitled to the annual holiday. Where the annual holiday or any part thereof has been taken before the right to the annual holiday has accrued the right to a further annual holiday shall not commence to accrue until after the expiration of the year of employment in respect of which the annual holiday or part has been so taken. [Cf. N.s.w. (7.) Unless the employee shall otherwise agree (H) s. 3 < 6 ).J t h e emp 1 oyer s h a 11 gi . ve t h e emp 1 oyee at 1 east 1 .c .ourteen days' notice of the date from which his annual holiday shall be taken. Sick leave. [Qd. 8. 10A 16. (1.) Notwithstanding any other prov1s1on of (7).] this Act or of any award or industrial agreement, all awards and industrial agreements (other than any award or industrial agreement to which the Commission may from time to time determine the provisions of this section shall not apply), and whether made before or after the commencement of this Act, shall be deemed to contain provisions to the effect that all employees governed by such awards or industrial agreements shall be entitled to sick leave under, subject to, and in accordance with the provisions of this section. (2.) Every employee shall become entitled to at least one week's sick leave for each completed year of his employment with an employer. Moreover as respects any completed period of employment of less than one year with an employer, an employee shall become entitled to one day's sick leave for each two months of such period. (3.) Every employee absent from work through illness on the production of a certificate from a duly qualified medical practitioner specifying the nature of the illness of the employee and the period or approximate period during which the employee will be unable to work, or of other evidence of illness to the satisfaction of his

1961. Industrial Conciliation, Etc., Act. employer, and subject to his having promptly notified his employer of his illness and of the approximate period aforesaid shall, subject as herein provided in this section be entitled to payment in full for all time he is so absent from work, but it shall not be necessary for an employee to produce such a certificate if his absence from work on account of illness does not exceed two days. (4.) Unless the Commission in its discretion otherwise determines, or the parties to any award or industrial agreement otherwise agree, no employee shall be entitled to receive, and no employer shall be bound to make, payment for more than seven weeks' absence from work through illness in any one year. (5.) In this subsection the term "accumulated sick leave," in relation to an apprenticeship, means the difference between the following periods of time, namely:- (i.) two weeks for each completed year of the apprenticeship ; and (ii.) the aggregate of all sick leave for which the apprentice has been paid by the employer during his apprenticeship. Where an employer to whom an employee has been apprenticed continues to employ that employee upon the completion of his apprenticeship accumulated sick leave shall be taken into account for the purpose of calculating time absent from illness during that continued employment for which that employee is entitled to be paid by that employer under the provisions of this subsection : Provided that- (a) if that accumulated sick leave exceeds four weeks, that excess shall not be so taken into account; and (b) unless as otherwise directed by the Commission, the taking into account of accumulated sick leave shall not entitle any employee to 739

740 Industrial Conciliation, Etc., Act. 10 Euz.. IL No. 25, receive, or bind his employer to make to him, payment for more than seven weeks' absence from work through illness in any one year. For the purposes of this subsection any employer who re-employs an employee at any time within three months after the completion of the apprenticeship of that employee to that employer, shall be deemed to have continued to employ that employee upon the completion of his apprenticeship. Long service 1 7. ( 1.) The Commission shall upon application ~t~. IOB therefor insert (by way of variation or otherwise) in any (I).] award or industrial agreement, whether made before, on, or after the eleventh day of March, one thousand nine hundred and fifty-two (herein in this section referred to as the " said date "), provisions entitling employees to long service leave on full pay under, subject to, and in accordance with the provisions of this section. Provisions as aforesaid inserted in an award or industria] agreement shall be deemed to have been so inserted, and to have had effect, on and from the said date. [Qd. 8. !OB (2).] (2.) The entitlement of any and every employee to long service leave on full pay pursuant to this section shall be in respect of his continuous service with one and the same employer (whether wholly within or partly within and partly without Queensland) and the amount and further amounts of that long service leave shall- (a) in the case of an employee who shall have completed a period of twenty years' continuous service with one and the same employer, be thirteen weeks; (b) in the case of an employee who shall have completed a period of ten years' service but less than twenty years' service with one and the same employer and who himself terminates that service, or whose employer terminates that service for any cause other than serious misconduct, or who dies, be a proportionate amount on the basis of thirteen weeks for twenty yea.rs' service;

1961. Industrial Conciliation, Etc., A.ct. 741 (c) in the case of an employee who, after completing the first or a subsequent period of twenty years' service with one and the same employer, continues that service until he shall have completed a further period of twenty years' service with that employer, be a further thirteen weeks ; and (d) in the case of an employee who, after completing the first or a subsequent period of twenty years' service with one and the same employer continues that service until he shall have completed at least a further ten years' service but less than a further twenty years' service with that employer, and who himself terminates that service, or whose employer terminates that service for any cause other than serious misconduct, or who dies, be a proportionate further amount on the basis of thirteen weeks for twenty years' service: Provided that for the purposes of this section the expression "service with one and the same employer" shall include- (a) service with an employer who becomes a. member of a partnership together with service with such partnership; (b) service with a partnership together with- (i.) service with one or more of the former partners upon the dissolution of such partnership ; (ii.) if the partnership shall be reconstituted, service with the partnership as reconstituted. (3.) For the purposes of this section the continuity [Qd. 11. 10.a of service of an employee with an employer shall be (2a).] deemed to be not broken by any of the following, whether occurring before, on or after the commencement of this Act, that is to say- (a) absence from work on leave granted by the employer including such absence through illness or injury on leave so granted;

742 lncfostrial Conciliation, Etc., Act. 10 ELIZ. IL No. 25, (b) the employee having been dismissed or stood down by the employer, or the employee having himself terminated his service with the employer, by reason of illness or injury : Provided that the employee shall have been re-employed by that employer and shall not have been engaged in any calling whether on his own account or as an employee subsequent to having been so dismissed or stood down or to having so terminated his service and before being so re-employed, and provided further that the period during which that employee was absent by reason of such dismissal or standing down or termination of his service shall not by reason only of this paragraph (b) be taken into account in calculating the period of his service with that employer; (c) the employee having been dismissed or stood down by the employer, or the employee having himself terminated his service with the employer, for any period not exceeding three months: Provided that employee shall have been re-employed by that employer ; (d) by reason only of any interruption or determination of the service of the employee with the employer, if that interruption or determination- (i.) has been made by that employer with the intention ofavoiding any obligation imposed on him pursuant to this section by an award or industrial agreement ; or (ii.) has arisen directly or indirectly from an industrial dispute; or (iii.) has been made by the employer by reason of slackness of trade : Provided that, in the case of an employee to whom provision (ii.) or provision (iii.) of this paragraph (d) applies, the employee shall have been re-employed by the employer, and provided further that, in such a case, the period during which the service of the

1961. Industrial Concuiation, Etc., Act. 743 employee with the employer shall have been so interrupted or determined shall not by reason only of this paragraph (d) be taken into account in calculating the period of the service of the employee with the employer; or (e) the employee having been dismissed or stood down by the employer or the employee having himself terminated his service with the employer on the date on which a calling was transmitted in accordance with the provisions of subsection sixteen of this section, or during the period of one month immediately preceding such date provided that employee is re-employed by the person to whom the calling is transmitted within three months from such dismissal, standing down or termination of service as aforesaid. (4.) For the purposes of this section, where the [~ ,tl- s. Ios employment of an employee apprenticed to an employer ( 1 ).] has (whether before, on or after the said date), been continued by that employer upon, or at any time within three months after, the completion of the apprenticeship, the period of the apprenticeship shall be taken into account in calculating the length of the service had by that employee with that employer. (5.) In calculating for the purposes of paragraph (a) [Qd. s. IOs or paragraph (b) of subsection two of this section the < 3 >• 1 length of the service had by an employee with one and the same employer, service by that employee with that employer before, or after, or both before and after the said date shall be taken into account provided that the whole of the service so taken into account shall have been continuous. (6.) In calculating for the purposes of paragraph (c) [Qd. s. Ios or paragraph (d) of subsection two of this section the ( 4 ).J length of the service of an employee with one and the same employer, any excess over twenty years of the service had by that employee with that employer before the said date shall not be taken into account. (7.) For the purposes of this section- [Qd. s. 10s (4a).] (a) where the services of an employee are temporarily lent or let on hire by one employer (in this paragraph called the" first employer")

744 Industrial Conciliation, Etc., Act. 10 ELIZ, II. No. 25, to another employer (in this paragraph called the "second employer"}, the period of that service had by the employee with the second employer shall be deemed to be service had by him with the first employer and shall be taken into account accordingly in calculating the length of the continuous service had by him with the first employer ; and (b) where the services of an employee are transferred by one employer to another employer (in this paragraph called the " second employer ") the periods of service had with them respectively by that employee which, if they were one and the same employer, would aggregate unbroken continuous service shall be taken into account in calculating the length of the continuous service had by that employee with the second employer, and shall be deemed to be service had by him with that employer. Subject to an employee being employed on or after the twelfth day of December, one thousand nine hundred and fifty-eight, by an employer to whom his services have been temporarily lent or let on hire or transferred as hereinbefore specified in this subsection, service had by him as an employee before as well as on and after that date shall be taken into account in calculating the aggregate of the service to which paragraph (a) or paragraph (b), as the case may be, of this subsection is expressed to apply. Notwithstanding anything hereinbefore contained in this subsection, in the case of any employee to whom paragraph (b) of this subsection applies, any period of service with the employer who transferred his services in respect whereof that employee has received long service leave on full pay pursuant to his entitlement thereto under this section, shall not be taken into account in calculating the aggregate of the service to which paragraph (b) of this subsection is expressed to apply had by him. [Qd. B, 10B (8.) The Commission may approve of the provisions (5).) of any industrial agreement whereby the employees of any employer are entitled to benefits in the nature of long service leave not less favourable than the provisions

1961. Industrial Conciliation, Etc., A.ct. 745 respecting long service leave required by this section to be inserted by the Commission in awards and industrial agreements, but the Commission shall not so approve unless and until it is satisfied that any and e-very employer who is expressed by that industrial agreement to be a party thereto has concurred in those not less favourable provisions thereof and that the community in general will not be prejudiced thereby. When the Commission so approves it shall refrain from inserting in the industrial agreement in question the provisions required by this section. (9.) The Commission may exempt any employer [Qd. s. IOB from the operation of the provisions of any award or (O).J industrial agreement relating to long service leave where the Commission is satisfied that employees of that employer are entitled to benefits in the nature of long service leave under any scheme conducted by or on behalf of their employer which are not less favourable to those employees than the provisions specified in the award or industrial agreement, and that it is in the best interests of the employees that such exemption should be granted. The Commission shall not so exempt an employer in relation to a scheme as aforesaid unless that scheme contains provisions ensuring that any and every employee entitled to any benefits thereunder may, at his election, take long service leave under and in accordance with the provisions of the applicable award or industrial agreement. If it is a condition of the employment of any employee or employees by an employer that the employee or employees contribute to a scheme as aforesaid, the Commission shall not so exempt that employer in relation to that scheme unless, regard being had to special circumstances related to both the employment and the scheme in question, the Commission is of opinion that the exemption should be granted. (10.) Subject to subsection two of this section the [Qd. s. Una Commission may also include in any award or industrial ( 7 ),J agreement such provisions as the Commission deems necessary or desirable with respect to the time when and the mode, terms and conditions under which long service leave may be given and taken and, without limit to the generality of this power, the Commission may

836 Industrial Conciliation, Etc., Act. 10 Euz. II. No. 25, (f) use any threat or any abusive or insulting language to any industrial inspector or to an employee with respect to any inspection or examination or questioning: Provided that no person shall be required under any provision of this section to answer any question or give any information tending to incriminate himself. (2.) A person who contravenes any provision of this section shall be guilty of an offence and liable to a penalty of not more than one hundred pounds : Provided that where a Ferson is convicted for the offence under this section o assaulting, obstructing or resisting an industrial inspector or of attempting so to do committed in respect of the attempted exercise by that inspector of any of his powers or duties under this Act in relation to a breach suspected by that inspector of any award or industrial agreement applicable to the baking, sale, issue, carting or delivery of bread then that person shall be punished for the first such offence by a penalty of not less than ten or more than one hundred pounds, and for a second or subsequent such offence committed not later than twelve months after the commission of the next preceding such offence, by a penalty of not less than twenty or more than two hundred and fifty pounds. Evidence. 13 5. In any proceedings under or for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the Chief Industrial Inspector or of an industrial inspector or the authority of the Chief Industrial Inspector or of an industrial inspector to do any act or give any notice thereof; (b) a signature purporting to be that of the Chief Industrial Inspector or of an industrial inspector shall be taken to be the signature it purports to be until the contrary is proved; (c) a document purporting to be a duplicate or copy of a notice, order, or permit given, made or issued under this Act by the Chief Industrial Inspector or by an industrial inspector shall upon its production in evidence,

1961. Industrial Conciliation, Etc., Act. 837 be evidence of that notice, order or, as the case may be, permit and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof; (d) it shall not be necessary to prove the limits of any district or other prescribed place or any road or place within any district or other prescribed place or that any place alleged to be a road or public place or any particular part of a road or public place is a road or public place or part thereof or the authority of the Chief Industrial Inspector or of an industrial inspector to do any act or take any proceedings, but this shall not prejudice the right of any defendant to prove the facts. ~n;i::i~~n 136. (1.) Any officer of an industrial union upon :eower?r being authorised in writing either generally or in respect of a specific occasion by a Commissioner or the registrar officials. or an industrial magistrate shall have the right to enter b~.dN~s:~. any place or premises or any ship, vessel, or aircraft of s. 129A.] any kind whatsoever wherein or by means of which any person carries on a calling in respect of which such union is registered. Such officer may enter such places, premises, ships, vessels or aircraft at any time during which the calling is being carried on therein, and may interview the employer or any of his employees or converse with him or them during any lunch hour or non-working time, but no such officer shall wilfully hamper or hinder the employer or his employees during his or their working time. (2.) Every person who hinders or obstructs any such officer in the exercise of any power conferred by this section, or who refuses entrance to such officer or unduly delays such officer in entrance during any such time as aforesaid to any such place, premises, ship, vessel, or aircraft, shall be guilty of an offence and liable to a penalty not exceeding one hundred pounds. Every such officer as aforesaid who contravenes the provisions of this section shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred pounds.

838 Industrial Conci'.liation, Etc., Act. 10 ELIZ, II. No. 25, (3.) Where on application by an employer it is proved that the officer concerned has exercised his power of entry as aforesaid in an unreasonable or vexatious manner or has made vexatious, unreasonable or improper use of information obtained from inspection of any record made available to him pursuant to this Act the Commission or an industrial magistrate may- (a) revoke such authority; or (b) suspend such authority for such period as it or he shall think fit ; or (c) attach such conditions thereto as it or he shall think proper in the circumstances. No stamp duty payable. [Qd. s. 78.] 137. Notwithstanding any Act to the contrary, no stamp duty shall be payable on or in respect of any certificate, agreement, order, statutory declaration, power of attorney, or instrument executed in pursuance of or to give effect to this Act. Nomination. 138. A member of a trade union may, by [T.U. s. 18.] writing under his hand, delivered at or sent to the registered office of the union, nominate any person not being an officer or servant of the union (unless such officer or servant of the union is the husband, wife, father, mother, child, brother, sister, nephew or niece of the nominator), to whom any moneys payable on the death of such member not exceeding one hundred pounds shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent. On receiving satisfactory proof of the death of a nominator the union shall pay to the nominee the amount due to the deceased member, not exceeding the sum aforesaid. Regulations. 139. (1.) The Governor in Council may from time [Qd. s. 79 .J to time make regulations, not inconsistent with this Act, prescribing all matters or things which by this Act are required or permitted to be prescribed (except any matter or thing required by this Act to be prescribed otherwise than by regulation) or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act. (2.) A regulation may impose a penalty for any breach thereof and may also impose different penalties in case of successive breaches, but no such penalty shall exceed fifty pounds.

1961. lnd1tstrial Conciliation, Etc., Act. 839 (3.) The power to make regulations under this Act shall include power to repeal, amend or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. 140 • (1.) Every Proclamation ' Order in Council ' PofubOlricdaetriso 1 ! n l or regulation made under this Act shall- Council, &c. (a) be published in the Gazette or in the Queensland Government Industrial Gazette ; (b) upon its publication in the Gazette or in the Queensland Government Industrial Gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect from the date of such publication unless, in the case of any regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date ; and (d) 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. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before Parliament disallowing the same or part thereof, that Proclamation, Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council, or regulation. 141. No misnomer, inaccurate description, or Inacc_ur~te omission in or from any Proclamation, Order in Council, t:.criptions, regulation, rule, award, industrial agreement, license, permit, order, notice or other act of authority under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood.

840 Industrial Conciliation, Etc., Act. 10 ELIZ, II. No. 25, [s. 43.] FIRST SCHEDULE. POWERS .A.ND PROCEDURE OF THE COURT AND COMMISSION, Initiation of 1. (1.) Proceedings before the Court or the Commission may be proceedings. initiated as prescribed by the Rules of Court by an industrial union, a member or officer thereof, an industrial inspector, an employer, the Minister or any other person interested in the cause or matter. (2.) The Commission of its own motion may initiate any proceedings and summon before it such persons as it deems necessary. (3.) No proceedings in the Court or the Commission shall abate by reason of the death of any party, and such proceedings shall by order of the Court or the Commission continue upon such terms and conditions as the Court or the Commission thinks fit. Powers of 2. Subject to this Act, the Court or the Commission may, as regards Court or every cause- Commission. (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 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 or the Commission is of opinion, whether from the suggestion of parties or otherwise, 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 or the Commission in its discretion, thinks best suited for that purpose ; (d) allow any amendment of the proceedings on such terms as the Court or the Commission thinks fit, correct, amend, or waive any error, defect, or irregularity, whether in substance or in form ; (e) 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 or the Commission thinks necessary or expedient for preventing or settling the industrial dispute or dealing with the matter ; (J) give any directions in pursuance of the decision ; (g) 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 or the Commission 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 ;

1961. Industrial Conciliation, Etc., Act. 841 (i) proceed to hear and determine the eause 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 ; (k) refer any technical matters or matters of account to an expert, and accept his report as evidence : For obtaining any special or expert information based on facts or figures which the Commission may desire, the Commission 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 an offence against this Act). Such expert or experts shall not without leave of the Commission divulge the name or private business 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 ; (l) extend any prescribed time whether within or after the prescribed time ; (m) waive compliance with any Rule of Court ; (n) review, annul, rescind, or vary any act or decision of the registrar in any manner which it thinks fit ; and (o) generally to give all such directions and do all such things as it deems necessary or expedient in the premises. 3. The Court and the Commission shall have jurisdiction to Costs. award costs in all matters brought before it, including matters dismissed for want of jurisdiction; but no costs shall be allowed of any counsel, solicitor, or agent in proceedings before the Commission unless the Commission shall certify it is or was in the interests of justice that counsel, solicitor, or agent should be or should have been heard. 4. The Court in the exercise of its jurisdiction under this Act may Judgment enforce its own decisions, and may make and pronounce all such and . decisions as may be necessary for doing complete justice in any execution. proceeding before it, and for the execution of any such decision, and may direct the issue of any writ or process or impose and enforce any penalty authorised or prescribed by this 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.

842 Industrial Conciliation, Etc., Act. 10 Euz. II. No. 25, Further powers of President, &c. Evidence. 5. In any cause the President or a Commissioner or the registrar or assistant registrar may make any order which he thinks just as to- (a) any interlocutory proceedings to be taken before the hearing, the costs thereof, the issues to be submitted to the Court or the Commission, the naming and joinder of parties, the persons to be served with notice of proceedings, particulars of the claims of the parties, admissions, discovery, interrogatories, inspection of documents or of real or personal property, examination of witnesses, and the place, time, and mode of hearing ; and (b) any matter which, by Rule of Court, the President, a Commissioner, or the registrar or assistant registrar, as the case may be, is empowered to hear or deal with when sitting in chambers. 6. With respect to evidence in proceedings before the Court or the Commission, the following provisions apply :- (a) on the application of any of the parties, and on payment of the prescribed fee, or, by direction of the President or a Commissioner, 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 or the Commission, and any number of witnesses' names may be inserted in one summons; (b) the summons shall be in the prescribed form, and may require any person therein named to produce before the Court or the Commission any books, papers, and other documents in his possession or under his control in any way relating to the cause ; (c) all books, papers, and other documents produced before the Court or the Commission, whether produced voluntarily or pursuant to summons, may be inspected by the Court and the Commission, and also by such of the parties as the Court or the Commission allows ; but the information obtained therefrom shall not be made public without the permission of the Court : Provided that any parts of the books, papers, and documents which in the opinion of the President or a Commissioner 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 Leing in force with respect to witnesses in civil actions in the Supreme Court; (e) the Commission may accept, admit, and call for such evidence as in equity and good conscience it thinks fit, whether strictly legal evidence or not ;

1961. Industrial Conciliation, Etc., Act. 843 (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 Supreme Court ; (g) the Commission 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 Commission deems evidence to be unnecessary ; (h) the Court or the Commission may take evidence on oath or affirmation or declaration. 7. The Commission may exercise any of its powers on its own How powers motion or on the application of any party, to the proceedings, or of may ?e any industrial union connected with the calling in question, or of exercis_ed_ by any person b ound by the award 1 . 11 quest"10n. 0 OlllilllBRIOil. ~ss:; 8. The Commission may issue an order to any person to take ~ower to evidence on its behalf in relation to any industrial cause; and that r< lers person shall have all the powers of the Commission in relation to the e~iden:e. summoning of witnesses, the production of books and documents, and the taking of evidence on oath or affirmation or declaration. 9. A Commissioner may direct the registrar to inquire into any Registrar's matter as to which he requires information for the purpose of the ~o~ers and exercise of the jurisdiction of the Commission, and the registrar shall uties. inquire accordingly and report to the Commission. 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 affidavits, and examine parties and witnesses. 10. (1.) The Court or the Commission may reserve its decision Reserved in any proceeding. decision. (2.) Where a decision has been so reserved, the same may be given at any continuation or adjournment of the Court or of the Commission or at any subsequent holding thereof, or the President or a Commissioner may draw up such decision in writing, and, having signed the same, forward it to the registrar ; whereupon the registrar shall cause the same to be filed and delivered to the parties, and upon such filing such decision shall be of the same force and effect as if it had been pronounced by the President or a Commissioner. 11. When the President or a Commissioner is unable to attend Adjourn• at the time appointed for the hearing of any cause or for any proceeding, ~ants of the registrar may adjourn the Court or the Commission as the case 0 ~:!i~!!n may be and also adjourn any business set down for the day to such • day and time as he deems convenient. 12. When any penalty is imposed in any proceedings in the Recov~ry of Court, or any sum is by the Court ordered to be paid, a certificate in pe~alties and the prescribed form, under the hand of the registrar and the seal of ~!d::e~by the Court specifying the amount payable and the respective parties the Court. or persons by and to whom the same is payable, may be filed in any Court having civil jurisdiction to the extent of such amount, and shall thereupon, according to its tenor, be enforceable in all respects as if it were a judgment of such Court.

844 Industrial Conciliation, Etc., Act. 10 ELIZ. II. No. 25, !,icense to 13. (I.) The registrar or, on appeal from him, the Commission, imp~~ers may grant to any person over twenty-one years of age, who has given ;::~ of e.ge. 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 registrar or Commission thinks fit, being not less than the wage fixed by such award for an improver of the like experience. (2.) Upon receipt of an application for a license the 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 registrar, or, on appeal from him to the Commission, in the manner prescribed for the revocation or cancellation thereof. University students. 14. The registrar or, on appeal from him, the Commission may, notwithstanding the provisions of any award or industrial agreement now subsisting or hereafter to be made, grant to any student of a university, producing satisfactory evidence that a period of technical training in a calling is required to enable him to complete his student's course at such university, a license to work at such calling for such period and for such wages and subject to such conditions as the registrar or the Commission may think fit ; thereupon such student shall not be deemed 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 shall 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. Aged or nfirm workers. 15. (1.) Any aged or infirm worker who deems himself or herself unable to earn the minimum wage prescribed by any award may apply to an industrial magistrate, and any industrial inspector may 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.) Subject to this Act the industrial magistrate shall determine whether and on what conditions such permit shall be granted, and shall have power to revoke or cancel any permit. (3.) The industrial magistrate 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 or less than three days from the date of such notice, at which he will hear objections to the grant of a permit. He shall, at the time so appointed, and before determining whether such permit should be granted, hear objections from any authorised representative of such industrial union. (4.) Such industrial union may, at any time after the granting of such permit, apply to an industrial magistrate in the manner prescribed for the revocation or cancellation thereof.

1961. Industrial Concil-iation, Etc., Act. 845 (5.) An appeal against any such determination shall not lie from the industrial magistrate to the Commission 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 ofan award. 16. (I.) The President, with the concurrence of any two ~ules of Commissioners may make rules- ourt. (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 and the Commission, 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, and done by the Court or the Commission and for regulating proceedings in chambers ; (b) as to the publication of decisions and other acts of the Court or of the Commission and the effect of such publication ; (c) for recovering fines and penalties imposed, and enforcing orders for attachment or imprisonment 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 or in the Commission, 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 and other persons ; (g) prescribing the powers, duties, and rights of any officer of the Court or of the Commission ; (h) the making and enforcement of industrial agreements; (i) delegating the jurisdiction of the Commission as permitted by this Act; (j) prescribing the furnishing to the registrar of returns, lists of officers and other statistical information by industrial associations ; (k) As to all things which this Act contemplates shall or may be prescribed by Rules of Court ; and (l) as may be necessary or convenient for the full and effective exercise of the jurisdiction, duties, powers, and functions of the Court and of the Commission, or for giving effect to the convictions, decisions, and other acts given, made, or done by the Court or the Commission or the registrar or other officer of the Court or of industrial magistrates. (2.) Where a party desires to take any step in a cause or matter, and the manner or form of procedure is not prescribed by this Act or by Rules of Court, the party may apply in chambers for directions to the President (in the case of a cause or matter in or intended to be

846 Industrial Conciliation, Etc., Act. 10 ELIZ. IT. No. 25, commenced in the Court) or to a Commissioner (in the case of a cause or matter in or intended to be commenced in the Commission) and any step taken in accordance with the directions given by the President or the Commissioner, as the case may be, shall be deemed regular and sufficient. (3.) Subject to such rules and this Act, the practice and procedure of the Court or of the Commission shall be as directed by the President or the Commissioner making the particular direction. (4.) All such rules shall be published in the Gazette or in the Queensland Government Industrial Gazette ; and thereupon shall have the force of law and shall be judicially noticed. Such rules shall be laid before Parliament within fourt,een 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. 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 have effect, but without prejudice to the validity of anything done in the meantime. (5.) 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. [T.U. First Sch.] SECOND SCHEDULE. [s. 46 (1) (e).] MA'l'TERS TO BE PROVIDED FOR BY THE RULES OF REGISTERED INDUSTRIAL UNIONS. 1. The name of the industrial union and place of meeting for the business of the industrial union. 2. The whole of the objects for which the industrial union is to be established, the purposes for which the funds thereof are to be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such industrial union. The keeping separate accounts of all moneys received or paid on account of every particular fund, and the keeping separate accounts of the expenses of management and of all contributions on account thereof. 3. The manner of making, altering, amending and rescinding rules.

1961. Industrial Conciliation, Etc., Act. 4. A provision for the appointment and removal of a general committee of management, of a trustee or trustees, a secretary and other officers. 5. A provision for the investment of the funds, and for an annual or periodical audit of accounts. 6. The inspection of the books and names of members of the industrial union by every person having an interest in the funds of the industrial union. 7. The appropriation or division of the funds and property upon the dissolution of the industrial union. 847