Industrial Conciliation and Arbitration Acts Amendment Act of 1952 (No. 2) (1 Eliz Ii No. 33) (Qld)

HOLIDAYS—LABOUR. 1 E liz . II. No. 33, 1952. Industrial Conciliation , Etc., Act (No, 2). 249 Act should be altered, he may, by Proclamation published in the Gazette, declare that such day shall not be a holiday, and may appoint another day to be a holiday instead of such day. If a Proclamation as aforesaid is made and published in the Gazette the other day thereby appointed shall be deemed to be the day to which section two of this Act refers, and the provisions of that section shall be construed and applied accordingly. 4. A reference in this Act to any other Act shall I!'*terPreta- include any Act amending or substituted for that Act. I0n’ LABOUR. An & ct to Amend “ The Industrial Conciliation and Arbitration Acts, 1932 to 1952,” in certain I ndustrial C onciliation particulars. and A rbitration ACTS [A ssented to 23 rd O ctober , 1952.] aactofiknt (No. 2). 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:— 1. This Act may be cited as “ The Industrial short title Conciliation and Arbitration Acts Amendment Act of Auction. 1952 (No. 2),” and shall be read as one with *“ The Industrial Conciliation and Arbitration Acts, 1932 to 1952,” herein referred to as the Principal Act. The Principal Act and this Act may collectively Collective be cited as “ The Industrial Conciliation and Arbitration tltle‘ Acts, 1932 to 1952.” 2. Section ten of the Principal Act is amended by Amendment repealing subsection five thereof and by inserting, inof s- 10j lieu of that repealed subsection, the following subsection, namely :— “ (5.) An employer who dismisses or stands down any employee with the intention of avoiding any obligation imposed upon that employer by this Act * 23 G. 5 No. 36 and amending Acts.

250 LABOUR. Industrial Conciliation, Etc., Act (No. 2). 1 E liz . II. No. 33, 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 against this Act and liable to a penalty of not more than one hundred pounds.” Amendments of s. 10 b . 3. (1.) Section 10 b of the Principal Act is amended by repealing the second (being the penultimate) paragraph of subsection two thereof and by inserting, in lieu of that repealed paragraph the following paragraph, namely:— “ For the purposes of this section the continuity of service of an employee with an employer shall be . deemed to be not broken by any of the following, whether occurring before, on or after the passing of *“ The Industrial Conciliation and Arbitration Acts Amendment Act of 1952 (No. 2),” that is to say— (а) Absence from work on leave granted by the employer including such absence through illness or injury on leave so granted ; (б) The employee having been dismissed or stood down by 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 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 shall not by reason only of this subparagraph 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 for any period not exceeding three months: Provided that employee shall have been re-employed by that employer; or* * This Act.

1952. LABOUR. Industrial Conciliation, Etc., Act (No. 2). (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 of avoiding 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 subparagraph 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 employee with the employer shall have been so interrupted or determined shall not by reason only of this subparagraph be taken into account in calculating the period of the service of the employee with the employer.” (2.) The said section 10 b is further amended by inserting after the first paragraph of subsection ten thereof the following provisoes, namely :— “ Provided that, in the case of an employee who immediately before the period of his long service leave is being paid for ordinary time worked by him at a rate in excess of the rate payable under the applicable award or industrial agreement, the long service leave shall be paid for at that excess rate as ordinary time deemed for the purposes of such payment at such excess rate to be worked continuously by that employee during the period of his long service leave except that, if the rate payable under the applicable award or industrial agreement is varied during the period of long service leave, then— (a) If the variation increases the rate payable under the award or industrial agreement to an amount greater than the aforesaid excess rate, the long service leave shall be paid at that increased rate for any part of 251

252 LABOUR. Industrial Conciliation, Etc., Act (No. 2). 1 E liz . II. No. 33, the period thereof in respect whereof that increased rate is the minimum rate of payment under the award or industrial agreement; or (6) If the variation decreases the rate payable under the applicable award or industrial agreement, the long service leave may be paid for at the aforesaid excess rate less the whole or any portion of the amount of the decrease for any part of the period thereof in respect whereof the amount of the decreased rate is the minimum rate of payment under the award or industrial agreement: Provided further that, in the case of an employee who at any time before the period of his long service leave was being paid for ordinary time worked by him at a rate in excess of the rate payable under the applicable award or industrial agreement, if the Industrial Court is satisfied that the employer decreased that excess rate with the intention of avoiding the obligation imposed upon that employer by the first proviso to this subsection, the Industrial Court may order the long service leave to be paid for at that excess rate and thereupon the first proviso to this subsection shall apply with respect to that employee as if he were being paid at that excess rate immediately prior to the period of his long service leave.” Amendments of s. 35 a # 4. Section 35 a of the Principal Act is amended— (a) By inserting after subsection eight thereof the following subsections, namely “ (9.) Where the registrar is satisfied that the register of members of an industrial union, or the part or section of the register of members of an industrial union that relates to a branch thereof, is maintained in such a form and manner that it would, for the purposes of the conduct of a ballot required to be taken under or for the purposes of this Act, provide in a convenient form accurate particulars of the membership of the industrial union or of the branch, as the case may be, he may issue to the industrial union a certificate exempting it wholly or in relation to the branch from the application of the provisions of subsections three and four of this section.

1952. LABOUR. Industrial Conciliation, Etc., Act (No. 2). (10.) While a certificate under subsection nine of this section is in force— (a) If the certificate exempts the industrial union wholly—the provisions specified in that subsection do not apply to the industrial union ; or (b) If the certificate exempts the industrial union in relation to a branch—those provisions apply as if the part or section of the register of members of the industrial union that relates to that branch did not form part of that register, and as if the members of that branch were not members of the industrial union. (11.) Where— (a) It appears to the registrar that the register, or the relevant part or section of the register, of members of an industrial union to which a certificate under subsection nine of this section has been issued is no longer maintained in such form and manner as to justify the continuance in force of the certificate ; or (b) Such an industrial union refuses or fails to give to the registrar information or facilities required by him for the purpose of deciding whether the exemption should be continued, he may revoke the certificate and shall give notice in writing of the revocation to the industrial union. (12.) Where a certificate under subsection nine of this section in relation to an industrial union is revoked, that industrial union shall, within one month after the first day of the quarter (as defined in paragraph (b) of subsection four of this section) next following the revocation of the certificate, or within such longer time as the registrar allows, file with the registrar a true and correct copy as at that first day of its register of members or, where the certificate was in relation to a branch, of the part or section of the register of its members that relates to that branch.” (6) By renumbering subsection nine thereof as subsection thirteen. 253