Industrial Conciliation and Arbitration Acts Amendment Act of 1945 (9 Geo Vi No. 14) (Qld)

LABOUR. 223 9 GEO. VI. No. 14, 1945. Indu8trial Conciliation, Etc., Amendment Act. (.3.) Any person who contravenes or refuses or fails Penalty. to comply with the provisions of this section, or with any order thereunder shall be guilty of an offence and shall be liable to a penalty of not less than ten pounds and not exceeding one hundred pounds." An Act to Amend "The Industrial Conciliation 9 N G o H . O 1 . 4 V . I and Arbitration Acts, 1932 to 1942," in INDU T S H T E RIAL certain particulars. CONOILIATION AND ARBITRATION ACTS [ASSENTED 'fO 5TH APRIL, 1945.] AHENDlIlENT ACT OF 1945. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. (1.) This Act may be cited as "The Industrial Short title Oonciliation and Arbitration Acts Amendment Act of and. 1945," and shall be read as one with *" The Ind'ustrial ~ f~ : fcf) lOn Oonciliation and Arbitration Acts, 1932 to 1942," herein referred to as the Principal Act. (2.) The Principal Act and this Act may be Collective collectively cited as "The Ind'ustrial Oonciliation and title. Arbitration Acts, 1932 to 1945." 2. Section ten of the Principal Act is amended as Amendment follows:- ofs.lO. In the last paragraph of subsection two of the said [Payment section the words" and that if any work is performed forr~ rtain it shall be paid for at the rate of double time as provided ho 1 ays·l for herein" are repealed and the following words are inserted in lieu thereof, namely:- "and that if any employee concerned actually works on Labour Day, such employee shall be paid a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." * 23 G. 5 No. 36 and amending Acts, v. 4, pp. 1020 et seq.

224 LABOUR. Industrial Conciliation, Etc., A1nendment Act. 9 GEO. VI. No. 14, New s. 11. 3. A new section eleven is inserted after section ten of the Principal Act, as follows ;- Overtime payments. "[11.] Notwithstanding anything contained in this Act or in any award or industrial agreement, where in any award or agreement overtime rates are provided to be paid to any employee for working overtime, in any case where such employee receives a rate of wages in excess of the minimum rate prescribed in the award or agreement concerned, such overtime rates payable to such employee shall be calculated on the actual weekly rate of wages paid, at the relevant time, to the employee concerned and not on the basis of the minimum rate of wages prescribed in the award or agreement concerned in respect of such employee concerned." New s. 57A. 4. A new section, 57 A, is inserted after section fifty-seven of the Principal Act, as follows;- Details of " [57A.] On the payment, by the employer, of any . paamypmloeynetsettoo w . ages to the . employee, such employer shall indicate be furnished. eIther by notmg on the .pay envelope of the employee or by way of a statement in writing handed to the employee at the time of paying his wages how the payment is made up by including in such noting or statement such particulars as regards the date of payment, the period covered thereby, the rate of wages, the number of hours worked, overtime payments and details of any deductions and other matters as may be prescribed by regulations made from time to time in that behalf. Any employer refusing or failing to comply with the provisions of this section shall be guilty of an offence, and shall be liable, on conviction, to a penalty of not less than two pounds nor more than fifty pounds." New s. 57B. 5. A new section, 57B, is inserted after section 57 A of the Principal Act, previously inserted, as follows;- Publication "[57B.] (1.) Any person who publishes or causes - sotfatements to be published any statement which is intended or in regard to apparently intended by such person- working at less than award rates. (a) To indicate, on the part of an employer, that such an employer is ready and willing to employ any person at a rate of wages which is less than the prescribed rate in the award concerned for the time being in force; or

LABOUR. 1945. Industrial Corr/,cilia#on, Etc., Amendment Act. (b) To indicate, on the part of an employee, that such employee is ready and willing to be employed by any person at a rate of wages which is less than the prescribed rate in the award concerned for the time being in force, and where, in either case, such lesser rate of wages is not permitted under this Act or in any relevant award, shall be liable on summary conviction to a penalty not less than two pounds and not exceeding one hundred pounds. (2.) A statement shall be deemed to be publiRhed within the meaning of this section if it is- (a) Inserted in any newspaper or any other publication printed and published in Queensland; or (b) Publicly exhibited- (i.) In, on, over or under any building, vehicle, or place (whether or not a public place and whether on land or water) ; or (ii.) In the air in view ofpersons being or passing in or on any street or public place; or (c) Contained in any document gratuitously sent or delivered to any person or thrown or left upon premises in the occupation of any person; or (d) Broadcast by wireless transmission. (3.) In any proceedings under this section against any person for publishing any statement aforesaid or causing the same to be published, the person who published the statement as aforesaid or caused the same to be published shall be deemed to have published the same or to have caused the same to be published with knowledge of its illegality, unless he proves. that having taken all reasonable precautions against committing an offence under this section he had reasonable grounds to believe and did believe that the statement was not illegal and had no reason to suspect that the statement was illegal. (4.) Every body corporate shall be liable for an offence under this section as if such body corporate were a private person and shall be subject to the same penalties as if it were an individual. (5.) Every person who aids, abets, counsels, or procures or by act or omission is in any way directly or R 225

226 LABOUR. Industrial Conciliation, Etc.• Amendment Act. 9GEO. VI. No. 14, 1945. indirectly knowingly concerned in the commission of any offence under this section shall be deemed to have committed that offence and shall be punishable accordingly. (6.) Where two or more persons commit or knowingly authorise or permit the commission of any offence under this section each of such persons shall be liable therefor and the liability of each of them shall be independent of the liability of the other or others. (7.) No prosecution shall be instituted against the printer, publisher, or proprietor of any newspaper printed and published in Queensland, or against any person acting under the authority of the same for the publication in any such newspaper or against any person publishing the same in the manner indicated in subsection two of this section otherwise than in a newspaper of any statement in contravention of this section unless- (a) Such printer, publisher, or proprietor, or other person, as the case may be, publishing same has been warned by an inspector of the illegality of such statement or of any other statement substantially the same as such statement, and that the publication thereof is an offence under this section; and (b) Such printer, publisher, or proprietor or other person, as the case may be, publishing same has on anyone day after the receipt of the warning published or authorised or permitted the publication of such statement or any such other statement in any issue of any newspaper in Queensland printed or owned by him (or as the case may be) in the method of publishing set out in the said subsection two otherwise than in a newspaper; and (c) The consent of the Minister to the prosecution is first obtained. (8.) No prosecution shall be instituted against the seller or distributor of any newspaper for the publication in such newspaper of any statement in contravention of this section unless the consent of the Minister to the prosecution is first obtained: . Provided that paragraphs (a) and (b) of subsection seven of this section shall, mutatis mutandis, apply to such seller or-distributor.