Industrial Conciliation and Arbitration Acts Amendment Act of 1952 (1 Eliz Ii No. 1) (Qld)

290 LABOUR. Industrial Conciliation, Etc., Act. 1 E liz . II. No. 1, LABOUR. (1) Industrial Conciliation and Arbitration Acts Amendment Act of 1952 .. .. 1 Eliz. II. No. 1 (2) Inspection of Machinery Act of 1951 .. 15 Geo. VI. No. 33 (3) Inspection of Scaffolding Acts Amendment Act of 1951 .. ,. .. ..15 Geo. VI. No. 30 (4) Labour and Industry Act Amendment Act of 1952 .. ..................................................... 1 Eliz. II. No. 17 (5) Workers' Accommodation Act of 1952 .. 1 Eliz. II. No. 5 (6) Workers' Compensation Acts Amendment Act of 1952 .. .. .. ..1 Eliz. II. No. 16 1 S 0 .V 1 An Act to Amend “The Industrial Conciliation and c ^£“ ion Arbitration Acts, 1932 to 1948,” in certain A rbitration A cts A mendment act of 1952. particulars. [A ssented to 1 st A pril , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— Short title and 1. This Act may be cited as “ The Industrial construction. Conciliation and Arbitration Acts Amendment Act of 1952,” and shall be read as one with * “ The Industrial Conciliation and Arbitration Acts, 1932 to 1948,” herein referred to as the Principal Act. , Collective The Principal Act and this Act may be collectively title. cited as “ The Industrial Conciliation and Arbitration Acts, 1932 to 1952.” Amendment 2. Section four of the Principal Act is amended by of s. 4 . repealing therein the definition of the term “ Industrial magistrate ” and by inserting, in lieu of that repealed definition, the following definition, namely :— Industrial magistrate. v “ “Industrial magistrate ”—Any person appointed by or under this Act to be, or to act temporarily in the office of, an Industrial magistrate ; ”. Amendment 3. Subsection four of section nine of the Principal of s. 9 (4). Act is amended by repealing therein the words “ and such variation of the award shall, upon publication in * 23 G. 5 No. 36 and amending Acts.

LABOUR. 1952. Industrial Conciliation, Etc., Act. the Gazette, have effect as an award from the date of publication ” and by inserting, in lieu of those repealed words, the words “ and such variation of an award shall be published in the Gazette and have effect as an award on and from the date fixed in such declaration 291 4. Section ten of the Principal Act is amended — O A f m 8. en 1 d 0 m . ent (a) By inserting before the words “ Easter Monday ”, where those words appear in the second paragraph of subsection two thereof, the words and brackets “ Easter Saturday (the day after Good Friday) ”; ( b ) By inserting, after subsection 2 a thereof, the following subsection, namely :— “ (2 b .) Any and every employee who, having been dismissed or stood down by his employer during the 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 shall 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.” 5. Section 10 a of the Principal Act is amended— Amendments of s. 10 a . (i.) By repealing subsection three of that section and by inserting in lieu of that repealed subsection, the following subsection, namely :— “ (3.) Any annual holiday shall be exclusive of any statutory holiday which may occur during the period of that annual holiday and shall be paid for by the employer in advance— (a) 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

LABOUR. Industrial Conciliation, Etc., Act. 1 E liz . II. No. 1, (b) 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.”; (ii.) By repealing in paragraph (iv.) of subsection seven of that section the words “ two weeks’ absence ” and by inserting, in lieu of those repealed words, the words “ five weeks’ absence ” ; (iii.) By adding to the said subsection seven the following paragraph, namely :■— “ ( vi.) in this paragraph the term “ accumulated sick leave”, in relation to an apprenticeship, means the difference between the following periods of time, namely (а) Two weeks for each completed year of the apprenticeship; and (б) The aggregate period 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 two weeks, that excess shall not be so taken into account; and (b) Unless as otherwise directed by the Court, the taking into account of accumulated sick leave shall not entitle any employee to receive, or bind his employer to make to hup, payment for more than five weeks’ absence from work through illness in any one -year. For the purposes of this paragraph 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.

LABOUR. 293 1952. Industrial Conciliation, Etc., Act. This paragraph applies to any and every case of continued employment as specified herein commenced before and subsisting at the date of the passing of * “ The Industrial Conciliation and Arbitration Acts Amendment Act of 1952,” as well as to continued employment as so specified commenced on or after that date but so that any employee concerned and his employer shall not respectively be entitled to receive or bound to make, in respect of any absence from work through illness of the employee before that lastmentioned date, any payment otherwise than under, subject to and in accordance with the provisions of this subsection as in force at the time of that absence.” 6. The following section is inserted after section New s. iob 10 a of the Principal Act, namely :— inserted. “ [I0B.] ( 1 .) The Court shall upon application Lons service therefor insert (by way of variation or otherwise) in eave‘ any 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 industrial agreement shall be deemed to have been so inserted, and to have had effect, on and from the said date. (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 and the amount and further amounts of that long service leave shall— (а) 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 ; (б) In the case of an employee who shall have completed a period of fifteen years’ service but less than twenty years’ service with one and the same employer and who iiimself terminates that service, or whose eifiployer terminates that service for any cause other * This Act.

294 LABOUR. Industrial 'Conciliation, Etc., Act. 1 E liz . II. No. 1, - than misconduct, or who dies, be a proportionate amount on the basis of thirteen weeks for twenty years’ service; (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 fifteen 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 misconduct, or who dies, be a proportionate further amount on the basis of thirteen weeks for twenty years’ service. For the purposes of this section the continuity of service of an employee with an employer shall be deemed to be not broken by absence from work through illness, injury or on leave granted by that employer or, provided the employee is re-employed by that employer, the employee having been dismissed or stood down by the employer for any period not exceeding two months. For the purposes of this section, where the employment of an employee apprenticed to an employer 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. (3.) In calculating for the purposes of paragraph (a) or paragraph ( b ) of subsection two of this section the 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.

LABOUR. 1952. Industrial Conciliation, Etc., Act. (4.) In calculating for the purposes of paragraph (c) or paragraph (d) of subsection two of this section the 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. (5.) The Court may approve of the provisions 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 respecting long service leave required by this section to be inserted by the Court in awards and industrial agreements but the Court shall not so approve unless and until it is satisfied that any and every 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 Court so approves it shall refrain from inserting in the industrial agreement in question the provisions required by this section. (6.) The Court may exempt any employer from .the operation of the provisions of any award or industrial agreement relating to long service leave where the Court 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. (7.) Subject to subsection two of this section the Court may also include in any award or industrial agreement such provisions as the Court 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 Court may provide that any leave in the nature of long service leave taken by an employee before the insertion in the award or industrial agreement applicable to that employee of any provisions as specified in this section shall be deducted from the amount of long service leave to which that employee may be entitled pursuant to that insertion.

296 LABOUR. Industrial Conciliation, Etc., Act. 1 E liz . II. No. 1, (8.) Nothing in this section shall apply where employees are by or under any Act, including the regulations, rules or bylaws thereunder, other than this Act entitled to leave in the nature of long service leave. (9.) For the purposes of subsections two and three of this section any period during which a person shall have served as a member of the Naval, Military or Air Forces (other than a permanent such Force and other than the British Commonwealth Occupation Forces in Japan) of the Commonwealth or of the Civil Construction Corps established under the * National Security Act1939, as amended by subsequent Acts, of the Parliament of the Commonwealth, shall be deemed to be service with the employer by whom that person was last employed before he commenced to serve as such member. In relation to a female, service as a member of Her Majesty’s Naval, Military or Air Forces as specified in this subsection includes that service as a member of, or of any service forming part of, those Forces or any of them, including service as medical practitioner, or nurse, or masseuse or otherwise. . This subsection shall not apply in respect of service, whether for a specified period or without limit of time, with any of the permanent Naval, Military or Air Forces of the Commonwealth or with the British Commonwealth Occupation Forces in Japan. (10.) Any long service leave shall.be inclusive of any statutory holiday occurring during the period when that long service is taken and shall be paid for by the employer as ordinary time deemed for the purposes of such payment to be worked continuously by the employee during the period of his long service leave. Where an employee is paid at piece work rates the Court may, in the event of a dispute between him and his employer as to ordinary time payment in respect of long service leave, determine the payment to be made. The employer and employee may agree upon the times when and the manner in which the employee shall be paid in respect of his long service leave, but the Court may determine any matter relating to payment upon which they fail to agree. * Commonwealth Act No. 15 of 1939.

LABOUR. 1952. Industrial Conciliation, Etc., Act. (11.) The Court may approve of an arrangement whereunder an employee shall agree to accept from his employer a sum, in lieu of any amount or part of any amount of long service leave to which that employee is entitled, equal to payment at the ordinary rate for the period of the amount or, as the case may be, part of the amount in question of that long service leave : Provided that the acceptance of a sum as aforesaid in lieu of part of any amount of long service leave due shall not prejudice the entitlement of an employee to the remaining part of that amount: Provided further that, unless approved by the Court before payment thereof, acceptance or the alleged acceptance by an employee of any sum shall not prejudice or affect in any way whatsoever the entitlement of that employee to long service leave. (12.) If an employee who is entitled to any amount of long service leave dies— (a) Before taking that amount of long service leave ; or (b) After commencing but before completing the taking of that amount of long service leave, his employer shall pay to that employee’s personal representative a sum equal to payment at the ordinary rate for the period of the amount of long service leave not taken or, as the case may be, the taking of which has not been completed by that employee : Provided that the employer may set off against that payment any sum accepted pursuant to an arrangement as specified in subsection eleven of this section by the employee in respect of the amount or any part of the amount to which that payment relates of the long service leave in question. Any amount of a sum payable under this subsection and not paid may, without prejudice to any other mode of recovery thereof, be recovered by the personal representative as unpaid wages due and payable to him by the employer concerned. (13.) For the purposes of this section— (a) Where the calling carried on by a person who is an employer shall have been before, or shall be on or after, the said date transmitted to another person by operation of law or by agreement between them, that transmission 297

298 LABOUR. Industrial Conciliation, Etc., Act. 1 E liz . IT. No. 1, shall be deemed not to have broken or otherwise effected, or to break or otherwise affect, the continuity of the service of any employee whose service shall have been or shall be, upon the transmission aforesaid, transmitted from the one to the other person aforesaid; and (b) The respective periods of the service of that employee with each of the aforesaid persons shall be taken into account in calculating the length of the continuous service had by him with the person to whom his service shall have been or shall be transmitted as aforesaid. In this subsection the term “ transmission ” includes but without limit to the generality of its meaning, transfer, assurance, conveyance, assignment or succession, and derivatives of that term shall have a corresponding meaning. (14.) Where the service of an employee with an employer shall, for any cause other than misconduct, have been terminated by that employer or that employee on or after the first day of January, one thousand nine hundred and fifty-two but before the said date, then unless it is proved to the satisfaction of the Court (or if the Court remits the matter to an industrial magistrate, that magistrate) that the aforesaid termination was not in any manner whatsoever connected with or related to the matter of the entitlement or prospective entitlement of that employee to leave in the nature of long service leave pursuant to this section or otherwise howsoever, that employer shall pay to that employee a sum, equal to payment at the ordinary rate payable to that employee when his service was so terminated, for the period of the amount of long service leave to which that employee would have been entitled pursuant to this section if— (a) This section were in force on ; and (b) The provisions prescribed by this section had been inserted in the award or industrial agreement which had, in respect of that employee, operation as at the date of termination of his service before and those provisions were effective on, the date of the termination of the service of that employee.”

LABOUR. 299 1952. Industrial Conciliation, Etc., Act. 7. Section twenty-six of the Principal Act is Repeal of repealed and, in lieu of that repealed subsection, thegn26new following section is inserted, namely:— “ [26.] ( 1 .) Every stipendiary magistrate (whether industrial appointed before or after the passing of * “ The Industrial magIstrates' Conciliation and Arbitration Acts Amendment Act of 1952”) shall by virtue of his appointment to that office and without any further or other appointment whatsoever hold and be deemed to hold office as an industrial magistrate while he continues to be a stipendiary magistrate. Every person appointed (whether appointed before or after the passing of * “ The Industrial Conciliation and Arbitration Acts Amendment Act of 1952”) to act temporarily in the office of a stipendiary magistrate shall, by virtue of that appointment and without any further or other appointment whatsoever, hold and be deemed to hold office as an industrial magistrate while he continues to act as a stipendiary magistrate. (2.) The Governor in Council may from time to time appoint any clerk of petty sessions, or any person appointed to act temporarily in the office of a clerk of petty sessions, to be, or to hold office temporarily as, an industrial magistrate. (3.) Every industrial magistrate and acting industrial magistrate shall, with respect to all of the powers and authorities conferred x on an industrial magistrate by this Act or by any other Act, have and may exercise jurisdiction throughout the State of Queensland. He shall have power to do alone and shall do alone any act required for any purpose of or connected with the exercise by him of his jurisdiction as an industrial magistrate. The court constituted by him for the purpose of hearing and determining judicially, according to law, any matter shall be a court of record.” 8. Section 35 a of the Principal Act is amended by Amendment repealing subsection four thereof and by inserting, inof s- 35a- lieu of that repealed subsection, the following subsection, namely:— i “ (4.) ( a) Every industrial union shall, not later than the twenty-eighth day of February in each and * This Act.

300 LABOUR. Industrial Conciliation, Etc., Act. 1 E liz . II. No. 1, every year, file in the office of the registrar a true and correct copy of the register, as at the next preceding thirty-first day of December, of its members. (6) Every industrial union shall, not later than thirty days after the expiration of any and every quarter, 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 the register of its members. In this paragraph “ quarter ” means a period of three months ending on the thirty-first day of March, the thirtieth day of June, or the thirtieth day of September in each and every year.” Amendments 9. Section fifty of the Principal Act is amended— 8‘ ' (i.) By repealing in the first paragraph of subsection two thereof the words and brackets “ within ninety days (or such extended time as the Court or an industrial magistrate may allow, but not exceeding a period of six months inclusive of such ninety days)” and by inserting, in lieu of those repealed words and brackets, the words and brackets “ wdthin six months (or such extended period longer than six months but not longer than twelve months as the Court or an industrial magistrate may allow) ” ; (ii.) By repealing in the said first paragraph the words and brackets “ no.t exceeding the said ninety days (or such extended period inclusive thereof as the Court or such magistrate has allowed)” and by inserting, in lieu of those repealed words and brackets, the words and brackets “ not exceeding the said six months (or, if an extension of that period shall be allowed as aforesaid that extended period) ” ; (iii.) By repealing in the fourth paragraph of the said subsection two the words and brackets “ within the ninety days (or such extended period as the Court or an industrial magistrate may allow, but not exceeding a period of six months inclusive of such ninety days)” and by inserting, in lieu of those repealed words and brackets, the words and brackets “ within the six months (or such extended period longer than six months but not longer than twelve months as the Court or an industrial magistrate may allow) ” ;

LABOUR. 301 1952. Industrial Conciliation, Etc., Act. (iv.) By repealing in the proviso to subsection four of the said section fifty the words and brackets “ beyond a period of ninety days after such moneys have become due, or such extended period not exceeding six months (inclusive of such ninety days) as the Court or magistrate may allow ” and by inserting, in lieu of those repealed words and brackets, the words and brackets “ beyond a period of six months (or such extended period longer than six months but not longer than twelve months as the Court or an industrial magistrate may allow) after those wages have become due 10. Section seventy-one of the Principal Act is Amendments amended by repealing the words “ six months ”, whereofs- 7L those words appear twice in that section, and by inserting, in lieu of those repealed words, the words “ twelve months ”. 11. Section seventy-six of the Principal iAct is Amendments amended— I of s- 76- (i.) By repealing subsection one of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “ (l.) The Governor in Council may from time to time appoint under and for the purposes of this Act such industrial inspectors as he deems necessary for the effectual execution of this Act. Every industrial inspector shall be furnished with a certificate signed by the Minister of his appointment and, upon applying for admission to any premises, shall, if required, produce that certificate to the person so requiring. In addition to any other powers and duties conferred or imposed upon him under this Act, an industrial inspector may— (a) At any time enter, inspect and examine any premises whereon or wherein any calling the subject of any award or industrial agreement is carried on or whereon or wherein he has reason to believe that any such calling is carried on ; ( b ) At any time stop, inspect and examine any vehicle in or on which he has reason to believe that any bread is being carried.for sale or

302 LABOUR. Industrial Conciliation, Etc., Act. 1 E liz , II. No. 1, for delivery for or on sale, or stop and question any person whom he has reason to suspect is delivering any bread for or on sale; (c) Call to his aid— . (i.) Any member of the police forde where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties ; (ii.) Any other person he may think competent to - assist him in such inspection and examination; (d) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act, including the provisions of any relevant award or industrial agreement are being complied with in respect of any calling, any employer in that calling, and his employees therein ; (e) At any time during business operations or working hours require any employer in a calling which is subject to any award or industrial agreement to produce for his inspection and examination all or any time-sheets, pay-sheets and other records relating to persons employed by that employer in that calling, and make copies of or extracts from such time-sheets, pay-sheets and other records or any of them ; \ (/) At any time during business operations or working hours question, with respect to matters under this Act, including matters under any award or industrial agreement, any employer in any calling the subject of an award or industrial agreement, any person whom he finds in or upon premises wherein or whereon such a calling is carried on or is suspected by him to be carried on to ascertain whether this Act and any relevant award or industrial agreement is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers. The power hereunder to question any employee shall include power to question that employee, out "of the hearing of his

LABOUR. 303 1952. Industrial Conciliation, Etc., Act. employer or of any foreman, deputy, manager or other superior officer, with respect to any matters including the prices for piecework and the rates of wages paid to that employee, and his hours of work ; (g) Institute proceedings under this Act; ( h) Exercise all such other powers and authorities as may be prescribed.” (ii.) By repealing subsection five of that section and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “(5.) Every owner of, or person entitled to the Employers immediate possession of, any premises whereon or entry°^d wherein any calling the subject of an award or industrial inspection, agreement is carried on and every employer carrying on on or in any premises such a calling shall furnish to any inspector all reasonable assistance and all such information which he is capable to furnishing as is required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act in relation to those premises. A person shall not— obstructing an inspector, (а) Assault, resist, or obstruct an inspector in&c. the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do ; or (б) Fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question; or (c) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector; or (d) When required by or under this Act to furnish . any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information; or (e) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do ; or

304 LABOUR. Industrial Conciliation , Etc ., Act. 1 E liz . II. No. 1 , 1952. (/) Use any threat or any abusive or insulting language to any 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 criminate himself. A person who contravenes any provision of this subsection shall be guilty of an offence against this Act and liable to a penalty of not more than fifty pounds : Provided that where a person is convicted for the offence under this subsection of assaulting, obstructing or resisting an 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 nor more than fifty 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 nor more than one hundred pounds.” New s. 76 a 12. The following section is inserted after section inserted. seventy-six of the Principal Act, namely :— Forcible entry by inspector. “ [76 a .] If upon an inspector demanding entry pursuant to his powers under this Act, (а) Into any bakehouse; or (б) Into any premises other than a bakehouse at any time when that inspector suspects that any work is being done in or on those premises in contravention of this Act or 6f any award or industrial agreement, that demand is not answered forthwith or the person answering that demand does not admit the inspector to the bakehouse or other premises in question forthwith, then the inspector may, with the prior approval of the Minister or of the Chief Inspector of Factories and Shops, enter that bakery or those other premises with such assistance as may be deemed necessary and may use such force as is necessary for effecting that entry.”