Industrial Conciliation and Arbitration Acts Amendment Act of 1946 (11 Geo Vi No. 21) (Qld)

106 LABOUR. Industrial Conciliation, Etc., Amendm.ent Act. 11 GEO. VI. No. 21, JUVENILE EMPLOYMENT. See LABOUR. LABOUR. (1) Industrial Conciliation and Arbitration Acts Amendment Act of 1946 11 Geo. VI. No, 21 (2) Labour and Industry Act of 1946 11 Geo. VI. No. 20 (3) Workers' Compensatvon Acts Amend- ment Act of 1946 11 Geo. VI. No. 14 H GEO. VI. An Act to Amend" The Industrial Conciliation and No. 21. THJIl INDUSTRIAL Arbitration Acts, 1932 to 1945," in certain CONCILIATION AND particulars. ARBITRATION ACTS ADNDMENT [ASSENTED TO 24TH DECEMBER" 1946.] ACT OF B 1946. E it enacted by the King's Most Excellent :Majesty, by and with the advice and consent of the IJegis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- Shol't title 1. (1.) This Act may be cited as " The Industrial : : ; l~ ~ t, . t1et. ion. Oonciliation and Arbitrq,tion Acts Amendment Act .of 1946," and shall be read as one with *" The Industnal Oonciliation and Arbitration Acts, 1932 to 1945," herein referred to as the Principal Act. Collee\ive (2.) The Principal Act and this Act may collectively title. be cited as "The Industrial Oonciliation and Arbitration Acts, 1932 to 1946." Amendments of the Principal Act. )lew s. OA 2. The following section is inserted after section inserted. six of the Principal Act, namely;- Leave of " [6A.] (1.) Subject as hereinafter in this section tmahbeesmeCnboceeurrs t t o . of p t" ro T v h id e e S d u , pr th em e e p O ro o v u i r s t io A n c s ts o A f m s e e n c d ti m on e s nt t A hr c e t e of a1n9d44fo"usrhaollf apply to' each member of the Court, other than the President, in office at, or appointed after, the passing of t" The Industrial Oonciliation and Arbitration Acts Amendment Act of 1946 " as if such member, other than the President, were a Judge of the Supreme Court. * 23 G. 5 No. 36 and amending Acts. t 9 G. 6 No. 3. t This Act.

LABOUR. 1946. Industrial Conciliation, Etc., Amendment Act. (2.) For the purposes of this section all periods of time, whether wholly before, or wholly after, or partly before and partly after, the passing of *" The Industrial Oonciliation and Arbitration Acts Amendment Act of 1946," during which a member of the Court, other than the President, in office at the date of the passing of such lastmentioned Act or thereafter appointed to office has served, shall be taken into account. Moreover for the purpose of ascertaining as at any time the number of years of service as a member of the Court completed by any member, every period during which he has so served whether in pursuance of his first appointment or of any renewal thereof or of any subsequent appointment shall be taken into consideration. (3.) The provisions of this section shall not entitle or be deemed to entitle any person (or any dependant or executor or administrator of any person) not in office as a member of the Court at the date of the passing of *" The Industrial Oonciliation and Arbitration Acts Amendment Act of 1946," to claim or be paid any money under this sectjon in respect of any service by such person as a member of the Court completed before such lastmentioned date. (4.) Any reference in the said sections three and four of t" The Supreme Oourt Acts Amendment Act of 1944 " to the passing of that Act shall, for the purposes of this section, mean the passing of *" The Industrial Oonciliation and Arbitration Acts Amendment Act of 1946 "." 3. Section ten of the Principal Act is amended in Amendmeatll manner £ 0 11owm. g, th. at·IS t 0 say:- of s. 10. (a) The following paragraph is added to subsection one of the said section, namely:- "In all cases where the Court determines 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." • This Act. t 9 G. 6 No. 3.

l08 LABOUR. Industrial Oonciliation, Etc., Amendment Act. 11 GEO. VI. No. 21, (b) The following paragraph is inserted after the second paragraph of subsection two of the said section, namely:- "Moreover, all work done by employees in a district specified from time to time by the Governor in Council by Order in Council published in the Gazette on the day appointed under *" The Holidays Acts, 1912 to 1935," to be kept as a holiday in relation to the annual agricultural, horticultural and/or industrial show held at the principal city or town, as specified in such Order in Council, of such district shall be paid for at the rate of double time." :Wew s. lOA 4. The following section is inserted after section inserted. ten of the Principal Act, namely:- Annual holidays. "[lOA.] (1.) Notwithstanding any other provision of this Act, or of any award or industrial agreement, all awards and industrial agreements (whether made before, on, or after the passing of t" The Industrial Conciliation and Arbitration Acts Amendment Act of 1946 ") 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. Period of annual holiday. (2.) Every employee (other than an employee employed at piece-work rates or a casual employee as defined in any award or industrial agreement) shall at the end of each year of his employment by an employer become entitled to an annual holiday on full pay of- Almual holiday exclusive of statutory holidays. (i.) 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, unless in any particular case the court in its dis- cretion decides that such employee is other- wise adequately compensated for the disabilities attaching to shift work; or (ii.) Not less than two weeks in any other case. (3.) Such annual holiday shall be exclusive of any statutory holiday which may occur during the period of such annual holiday and shall be paid for in advance at the ordinary rate payable to the employee immediately prior to such annual holiday. '" 3 G. 5 No. 17 and amending Acts. t This Act.

1946. LABOUR. Industrial Conciliation, Etc., Amendment Act. 109 (4.) (i.) Where the employment of any employee Holiday who has become entitled to the annual holiday provided hardwhere by this section is terminated by the employer and the iso~ o: y employee has not taken that holiday, the employer shall taken. be deemed to have given 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. (ii.) (a) This subsection four shall apply with respect to every period of employment of an employee by any employer which is less than one year and more than four weeks, 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 employ- ment to which this paragraph (ii.) 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 (i.) 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 (ii.) of subsection two of this section applies an amount equal to one-twenty-fifth of his ordinary pay for that period of employment. (5.) The employment of an employee employed at Commence- the date of the passing of *" The Industrial Conciliation men~ of t and Arbitration Acts Amendment Act of 1946" shall be emp oymen . deemed, for the purposes of this section, to have commenced on that date. (6.) (i.) Where provision is made by or under anYEmployeein Act, other than this Act, or by any award or industrial emploJ7!Dent x=.m agreement in force at the date of the passing of *" The~ } g Industrial Conciliation and Arbitration Acts Amendment Act of 1946" for an annual holiday for any employee who is in employment at the date of such passing- (a) And the employee has not at such date completed the qualifying period of employ- ment which would entitle him to such annual .. This Act.

110 LABOUR. Industrial Conciliation, Etc., Amendm.ent Act. 11 GEO. VI. No. 21, Sick leave. holiday, he shall be entitled to receive an annual holiday of a period which bears the same proportion to the period of the annual holiday specified in that provision as the proportion of such qualifying period during which he has been employed immediately before the date of such passing bears to the whole of such qualifying period; (b) And the employee has before the date of such passing become entitled under that provision to such annual holiday but has not taken the same, his right to such annual holiday shall not be affected by anything contained in this section. (7.) (i.) Notwithstanding any other provision of this Act or of any award or industrial agreement, all awards and industrial agreements (other than any award or industrial agreement to which the Court may from time to time determine the provisions of this subsection seven shall not apply), and whether made before, on, or after the passing of *" The Industrial Conciliation and Arbitration Acts Amendment Act of 1946," 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 subsection seven. (ii.) 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. (iii.) 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 employer, shall, subject as herein provided, be entitled to payment in full for all time he is so absent from work: Provided that 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. ... This Act.

LABOUR. 111 1946. Industrial Conciliation, Etc., Amendment Act. (iv.) Unless the Court 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 two weeks' absence from work through illness in anyone year." 5. The following paragraph is added to section Amendment fourteen of the Principal Act, namely:- of s. 14. "The Court may, by special order, remit to an industrial magistrate for hearing and determination in the exercise of his summary jurisdiction the matter of any industrial dispute or disagreement notified to the registrar under section 21A of this Act and any judgment or order made by such magistrate in respect of such matter shall be filed in the registry of the Court and, upon being so filed, shall become and be a judgment of the Court and shall, subject to any right of appeal therefrom, have operation and effect and be enforceable accordingly.', 6. The following section is inserted after section New s. 21 A twenty-one of the Principal Act, namely :_ inserted. "[21A.] (1.) If an industrial dispute or a disagree- Disagree. ment likely to lead to an industrial dispute occurs rn~ ~ ~ t~ ? al between- matter to be ( '/ . ,. ) A ny I . n d us t r ' Ia 1 unI . On 0 f emp 1 oyers or any hdeetaerrdmainnded employer of the one part; and forthwith by ( '/ " ,'/,. ) A ny I . n d ustrI . a I unI . On 0 f emp 1 oyees or any CInoduursttoriral employees of the other part, Magistrate. upon or with respect to any industrial matter every party to such dispute or disagreement shall forthwith file a notice of such dispute or disagreement in the office of the registrar and, if the industrial dispute or disagree- ment has occurred outside the area of the City of Brisbane, shall also forthwith file a notice thereof in the office of the nearest Industrial Magistrate. Such notice shall set forth the parties to the dispute or disagreement, the place where it occurred, and its subject-matter. (2.) Any such party who fails to file such notice forthwith upon the occurrence of any such dispute or disagreement shall be guilty of an offence and- (i.) In the case of an industrial union of employers, or of employees, the president and secretary of such union shall be deemed

112 LABOUR. Industrial, Oonciliation, Etc., Amendm.ent Act. 11 GEO. VI. No. 21, to have committed such offence and shall each be liable to a penalty of not more than fifty pounds; and (ii.) In the case of an employer being an individual person, shall be liable to a penalty of not more than fifty pounds or, being a body corporate, to a penalty of not more than two hundred pounds and, in addition, every person charged with the conduct of the business of such body corporate at the place where such dispute or disagreement oCQurred shall, if he is a party to the dispute or dis- agreement, be deemed to have committed such offence and shall be liable to a penalty of not more than fifty pounds; and (iii.) In the case of any employee, if neither the union of which he is a member nor any officer of such union is a party to the dispute or disagreement, shall be liable to a penalty of not more than ten pounds. (3.) Upon the filing in the office of the registrar of a notice under this section, the Court shall forthwith- (i.) Hear and determine; or (ii.) Remit to an industrial magistrate for hearing and determination, the matter of the notified industrial dispute or disagree- ment. For the purposes of the hearing and determination of, and the enforcement of any judgnient or order relating to the matter of any such disagreement, such disagreement shall be deemed to be an industrial dispute and all of the provisions of this Act shall apply and extend accordingly. (4.) Upon the filing in the office of an Industrial Magistrate of a notice under this section, such magistrate shall- (i.) Forthwith notify the registrar of the filing of such notice and of the contents thereof; and (ii.) If the matter of the industrial dispute or disagreement so notified is remitted to him by the Court for hearing and determination, forthwith hear and determine it : Provided that such magistrate may, and shall, if directed by the Court so to do, at any time during the proceedings refer the matter to the Court.

LABOUR. 113 1946. Industrial Conciliation, Etc., Amendment Act. (5.) For the purposes of the hearing and determi- nation of any such matter- (i.) By the Court, the Court may name a party to the dispute or disagreement as having the carriage of the proceedings; or (ii.) By an Industrial Magistrate, such magistrate may name a party to the dispute or disagree- ment as having the carriage of the pro- cee d m · gs. " 7. The following section is inserted after section New B. 35A thirty-five of the Principal Act, namely:- inserted. " [35A.] (1.) Every industrial union shall keep in Register of one or more b 00 k s a regI.ster 0 f I . ts members, and en t er muneimonb.ers 0 therein the following particulars :- (i.) The name and address of every member, such address being in the case of an individual person his residential address and, in the case of a body corporate, which is a member of an industrial union of employers, the address of its registered office; (ii.) In the case of a member who at the date upon which he becomes a member or renews his membership is residing away from his permanent residence, both his permanent residential address and his residential address as at such date; (iii.) The date at which each person was entered in the register as a member; (iv.) The date at which any person ceased to be a member. All particulars required by this subsection to be entered in the register in respect of a member shall be entered in the register opposite and relative to his name. (2.) Every industrial union having more than one hundred members shall, if its register of members is not in such form as to constitute an index, keep an index in alphabetical order of the names of its members, which index may be in loose leaf or card index form. (3.) Every industrial union- (i.) Registered under this Act at the date of the passing of *" The Industrial Conciliation and Arbitration Acts Amendment Act of 1946," shall within three months after such date; or * This Act.

114 LABOUR. Industrial Corwiliation, Etc., Amendment Act. 11 GEO. VI. No. 21, (ii.) So registered at any time after the passing of such lastmentioned Act, shall within seven days after it is so registered; or in either case within such extended period as the Court may allow, file in the office of the registrar a full and correct copy as at the date of such filing of the register of its members. (4.) Every industrial union shall, within thirty days after the expiration of every quarter or such extended period as the Court may allow, file in the office of the registrar a written return showing in respect of that quarter all additions, deletions and other alterations whatsoever made in its register of members. In this subsection "Quarter" means a period of three months commencing on the first day of January, the first day of April, the first day of July, or the first day of October. (5.) Every industrial union shall, at all times during which any person is a member of such union, keep a butt of any union ticket issued to him and shall, upon the butt of any union ticket issued to a member, enter the residential address of such member and, if such member is residing away from his permanent residential address upon the date when such ticket is issued to him, his residential address at such date. In this subsection "union ticket" includes any receipt, document or writing acknowledging that any person is a member or has renewed his membership of the union or that he has paid any dues or other moneys payable in respect of his membership or the renewal thereof, and "butt" includes a duplicate, original or copy of the union ticket issued to the member. (6.) The Court may at any time order all such rectifications of the register of members of any union as it deems necessary to ensure that such register is a full, true, and correct record of the persons who are members of such union at such time. The union shall rectify the register and the registrar shall rectify the copy of the register filed with him as ordered by the Court. (7.) The register of members and the index shall be open to inspection at the office of the union by the registrar or by any person authorised by him or by any member at all times during which such office is open for the transaction of business.

LABOUR. 115 1946. Industrial Conciliation, Etc., Amendment Act. (8.) The registrar may by notice in writing direct the union to deliver the register of members and the index to him or to any person named by him at such time and place as are specified in such notice and the union shall comply with such direction. A direction under this subsection shall not be given by the registrar unless the register and index are required for the purpose of taking a ballot or unless by direction of the Court for any other purpose. (9.) If default is made in complying with any provision of this section, or of any order made by the Court under this section, or with the requirements of any direction given under this section the industrial union which is in default and the president and secretary of such union shall be severally liable to a penalty of not more than fifty pounds." 8. The following section is inserted after section New s. 35B 35A of the Principal Act as inserted by this Act, inserted. namely:- " [35B.] (1.) Every employer shall keep in one or Register of more books a register of his employees, and enter therein employees. the following particulars :- (i.) The name and residential address of every employee; (ii.) In the case of an employee who at the date upon which he becomes an employee of such employer is residing away from his permanent residence, both his permanent residential address and his residential address as at such date; (iii.) The calling in which each employee is engaged; (iv.) The industrial union of employees, if any, of which each employee is a member; (v.) The date at which each employee became an employee of the employer; (vi.) The date at which any employee ceased to be an employee of such employer. All particulars required by this subsection to be entered in the register in respect of an employee shall be entered in the register opposite and relative to his name.

116 LABOUR. Industrial CO'l'I,Ciliation, Etc., Amendment Act. 11 GEO. VI. No. 21, (2.) Every employer having more than one hundred employees shall, if his register of employees is not in such form as to constitute an index, keep an index in alphabetical order of the names of his employees, which index may be in loose leaf or card index form. (3.) Every employer shall, within fourteen days after any change in the calling of an employee, enter in the register, opposite and relative to the name of such employee, particulars of such change in his calling and the date upon which such change took place. (4.) The register of employees and the index shall be open to inspection at the office of the employer by the registrar or by any person authorised by him at all times during which such office is open for the transaction of business. (5.) The registrar may by notice in writing direct the employer to deliver the register of employees and the index to him or to any person named by him at such time and place as are specified in such notice and the employer shall comply with such direction. A direction under this subsection shall not be given by the registrar unless the register and index are required for the purpose of taking a ballot or unless by direction of the Court for any other purpose. (6.) If default is made in complying with any provision of this section, or of any order made by the Court under this section, or with the requirements of any direction given under this section the employer who is in default, being an individual person, shall be liable to a penalty of not more than fifty pounds or, being a body corporate, to a penalty of not more than fifty pounds and, in addition, evcry person charged with the conduct of the business of such body corporate shall be deemed to be a party to such default and shall be severally liable to a penalty of not more than fifty pounds. (7.) This section shall apply so as to require an employer to keep at and in respect of each place at which he carries on business a separate register of employees." Amendment 9. Section thirty-six of the Principal Act is amended ola.36. by repealing the word" members".

LABOUR. 117 1946. Industrial Conciliation, Etc., Amendm,ent Act. 10. Section forty of the Principal Act is amended Amendment .as follows :_ of B. 40. (a) In subsection one thereof the words" shall order the registration of the union to be cancelled, and there- upon it shall be cancelled accordingly " are repealed and the words" may order the registration of the union- (i.) To be suspended for such period as the Court specifies in such order; or (ii.) To be cancelled, .and thereupon it shall be suspended or cancelled accordingly" are inserted in lieu of such repealed words. (b) The following paragraph is added to subsection one thereof, namely :- " Suspension of the registration of a union shall for the period for which such registration is suspended have the same effect as a cancellation of such registration." (c) Subsection two thereof is amended by inserting the words " suspension or" before the word " cancella- tion" where such lastmentioned word twice appears therein. 11. The following section is inserted after section New B. 51A fifty-one of the Principal Act, namely :_ inserted. " [51A.] (1.) Notwithstanding anything contained in When Court this Act, if any b~ llot required to be taken under or for ~a~ io: ;;~ Be the purposes of thIS Act- be taken. (a) Shall not have been taken within such time as the Court shall, in the circumstances, consider reasonable; or (b) Shall have been taken and the Court considers the manner of its taking, or any circumstance of or associated with its taking, was improper or irregular, the Court may, at any time, order that the registrar, or some person other than the registrar, shall take such ballot and, where a ballot theretofore has been taken, declare such ballot of none effect. (2.) Subject to section fifty-one of this Act, the copy filed with the registrar of the register of members of the union concerned as rectified by the quarterly returns, if any, filed by such union with him in relation to such register and by any order of the Court shall be the roll of voters entitled to vote :

118 LABOUR. Industrial Conciliation, Etc., Amendment Act. 11 GEO. VI. No. -21. Provided that the Court may at any time, by general rule or special order, give all such directions as it shall think necessary to compile a roll of voters entitled to vote upon any ballot in any calling where no industrial union exists. (3.) The registrar or other person charged with taking the ballot shall send or cause to be sent to every member who is entitled to vote- (i.) A prepaid post envelope addressed to the registrar or to such person; and (ii.) A ballot-paper and shall keep a record of the sending thereof. Such envelope and ballot-paper shall be sent by post and shall be enclosed in a sealed prepaid post envelope addressed to the member at the address which in the opinion of the registrar or other person charged with taking the ballot is such member's then residential address according to the roll of voters entitled to vote. (4.) Every member shall upon the receipt by him of a ballot-paper record his vote by marking such ballot- paper (having regard to the instructions, if any, of the registrar or person taking the ballot with respect to such marking) and shall place such ballot-paper in the prepaid post envelope received by him with it, fasten up such envelope, and post it so as to reach the registrar or the person charged with taking the ballot not later than four o'clock in the afternoon of the day specified on the ballot-paper for the return thereof. (5.) The registrar or other person charged with taking the ballot shall examine and count all ballot- papers which have been returned to him not later than four o'clock in the afternoon of the day specified on the ballot-paper for the return thereof or thereafter received by him by post and on which the post mark clearly indicates that the envelope containing the ballot- paper was posted before such time. The registrar or such person shall file in the registry of the Court a certificate of the result of the ballot. (6.) All officers of the Public Service and all members of the Police Force shall assist the registrar or other person charged with taking a ballot in the exeoution as

LABOUR. 119 1946. Industrial Conciliation, Etc., Amendment Act. respects the taking of a ballot of the powers or duties conferred or imposed upon him by this section as he may from time to time direct or require. (7.) No person shall resist or obstruct or attempt to resist or obstruct the registrar or other person charged with taking a ballot or any officer of the Public Service or member of the Police Force or any other person authorised or directed by the registrar or such first- mentioned person in the exercise or performance of any duty imposed or any act required or authorised to be done by or in pursuance of this section. (8.) No person shall obstruct or attempt to obstruct the secretary or any other officer or any member of any industrial union or any employer or any person acting for or on behalf of an employer in the performance of any act by this section required or authorised to be done in relation to a ballot or by threats or intimidation prevent or attempt to prevent any such person from doing any such act or influence or attempt to influence any such person in the doing of any such act. (9.) No person shall vote or attempt to vote at a ballot, whether by marking any ballot-paper, or other- wise howsoever, unless he is enrolled in the register of members of the union concerned, and has received a ballot-paper from the registrar or other person charged with taking the ballot, and no person entitled to vote shall mark any ballot-paper except the ballot-paper received by him from the registrar or the other person charged with taking the ballot. (10.) Any person who contravenes or fails to comply with any provision of this section shall be guilty of an offence and liable to a penalty of not more than fifty pounds." 12. Subsection one of section fifty-three of the Amendment Principal Act is amended by inserting the word" may" of H. 53 (1). before the word "order" where such lastmentioned word appears for the first time in the second paragraph of the said subsection. 13. Section seventy-seven of the Principal Act is Repeal of tr h epeereaole f , dnaamnde 1 yth: e-following section is inserted in lieu annewd s. 77. "[77.] (1.) Any officer of an industrial union of Power of employees authorised in writing by the president and inspec~ ion secretary of such union shall have the right to enter ~ Jic~ ~~ . n

120 LABOUR. Industrial Oonciliation, Etc., Amendment Act. 11 GEO. VI. No. 21,1946. any place or premises or any ship, vessel, or aircraft of any kind whatsoever wherein members of such union or persons in the same calling as such members are engaged. Such officer may enter such places, premises, ships, vessels, or aircraft at any time during which employees are working therein and may interview any employees or converse with them during any lunch hour or non- working time, but no such officer shall wilfully hamper or hinder the employees during their working time. (2.) Any officer of an industrial union of employers authorised in writing by the president and secretary of such union shall have the right to enter any place or premises or any ship, vessel, or aircraft of any kind whatsoever wherein or by means of which any person carries on the 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 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. (3.) 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 liable to a penalty not exceeding fifty 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 fifty pounds. Moreover, in any case where on application made to the Court by an employer it is proved to the satis- faction of the Court that the officer concerned had exercised his power of entry as aforesaid in an unreasonable or vexatious manner, the Court may make an order restraining such power of entry for such period as it shall deem fit and proper, or it may direct such conditions to be observed by such officer in respect of such entry as it shall deem fit and proper."