Industrial Conciliation and Arbitration Acts Amendment Act of 1953 (2 Eliz Ii No. 13) (Qld)

158 LABOUR. Industrial Conciliation, Etc., Act. 2 E liz . II. No. 13, LABOUR. (1) Industrial Conciliation and Arbitration Acts Amendment Act of 1953 .. (2) Inspection of Machinery Act AmendmentAct of 1954 .. .. .. .. (3) Inspection of Scaffolding Acts Amend­ ment Act of 1954 .. .. .. (4) Workers9 Compensation Acts Amendment Act of 1954 .. .. .. .. 2 Eliz. II. No. 13 3 Eliz. II. No. 10 3 Eliz. II. No. 12 3 Eliz. II. No. 16 2 N E o l . iz 1 . 3. II. An Act to Amend “The Industrial Conciliation and T he I ndustrial C onciliation Arbitration Acts, 1932 to 1952,” in certain and A rbitration particulars. A cts A mendment A ct op 1953. [A ssented to 26 th N ovember , 1953.] 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 1953,” and shall be read as one with *“ The Industrial Conciliation and Arbitration Acts, 1932 to 1952,” herein referred to as the Principal Act. Collective title, The Principal Act and this Act may be collectively cited as “ The Industrial Conciliation and Arbitration Acts, 1932 to 1953.” Amendments of s. 4. 2. Section four of the Principal Act is amended— (a) By inserting after the definition “ Calling ” the following definition, namely :— Chief Inspector of Factories and Shops. “ “ Chief Inspector of Factories and Shops ”— The person holding for the time being under f“ The Factories and Shops Acts, 1900 to 1945,” the ofliee of Chief Inspector and includes any person for the time being acting in or discharging the duties of that office ; ” ; and (6) By repealing the definition “ Director of Labour ”. * 23 G. 5 No. 36 and amending Acts, •j* 64 V. No. 28 and amending Acts.

1953. LABOUR. Jt Industrial Conciliation, Etc., Act. mm 159 3. Section seven of the Principal Act is amended Amendment by adding thereto the following subsection, namely :— of s- 7- “ (7.) The Court or a member thereof shall not, on any of the following grounds that is to say :— (a) That an industrial union of employees or any officer thereof is contravening or failing to comply with or has contravened or failed to comply with any provisions of this Act or of any award or industrial agreement, or of any order, direction or judgment of the Court or a member thereof; or ( b) That any member or members of an industrial union of employees is or are contravening or failing to comply with or has or have contravened or failed to comply with any provision of this Act, or of any order, direction or judgment of the Court or a member thereof, refuse to exercise, in respect of a member or members of that industrial union, other than a member or members thereof specified in paragraph ( b) of this subsection, any power or jurisdiction had by the Court or member thereof under this Act by refusing to hear and determine, adjourning the hearing and determination of, or otherwise not hearing and determining according to usual procedure and without deferment or delay, any proceeding, application, question or matter or by otherwise deferring or delaying without cause other than as specified in paragraphs (a) and ( b) of this subsection the exercise of that jurisdiction.” 4. Section 8 a of the Principal Act is repealed. Repeal of s. 8 a . 5. Subsection two of section ten of the Principal Amendment Act is amended by repealing in the third paragraphof s'10 (2)' thereof the words “ by the Governor in Council by Order in Council ” and by inserting, in lieu of those repealed words, the words “ by the Minister by notification ”. The same third paragraph is further amended by repealing the words “ such Order in Council ” and by inserting, in lieu of those repealed words, the words “ such notification ”. 6. Section 10 a of the Principal Act is amended— Amendments (a) By renumbering subsection three thereof as °f s’ 10A‘ paragraph (i.) of subsection three ; and

160 LABOUR. Industrial Conciliation, Etc., Act. 2 E liz . II. No. 13, (6) By adding to subsection three thereof as so renumbered the following paragraph, namely:— “ (ii.) 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 (i.) of this subsection. Except as otherwise directed by the Court, 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 under or in pursuance of *“ The Apprentices and Minors Acts, 1929 to 1948,” 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.” Amendments of 3* 10 b . ' * 7 # ( 1 .) Section 1O b of the Principal Act is amended— (a) By adding to subsection six the following paragraph, namely :— “ The Court 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.” ; * 20 G. 5 No. 37 and amending Acts.

LABOUR. 1953. Industrial Conciliation, Etc., Act. (b) By adding to subsection six (after the paragraph added thereto by paragraph ( a) of this subsection) the following paragraph, namely :— “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 Court 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 Court is of opinion that the exemption should be granted.” ; (c) By adding to subsection seven the following paragraph, namely:— “ Subject to the provisions of the applicable award or industrial agreement with respect to the time when long service leave may be given and taken, that time may in respect of an employee or employees be agreed upon between the industrial union of employees whereof that employee or those employees is or are a member or members and the employer.” ; (d) By adding to subsection ten the following paragraph, namely:— “ The Court or, if the Court remits the matter to an industrial magistrate, that industrial magistrate may upon application made by an employee, or on behalf of an employee, by the industrial union of employees whereof he is a member or an industrial inspector within three years after the date (whether before, on or after the passing of *“ The Industrial Conciliation and Arbitration Acts Amendment Act of 1953 ”) when a sum shall have become payable to that employee in respect of long service leave order the employer to pay any amount of that sum not paid by him and, save and excepting the provisions thereof limiting the time within which an application thereunder may be made, subsection two of section fifty of this Act shall apply with respect to an application as aforesaid as if it were an application authorised by that subsection to be made thereunder and so made.”; (e) By repealing subsection eleven and by inserting, in lieu of that repealed subsection, the following subsection, namely:— “ (11.) Where the service of an employee with an employer is terminated, whether by the employer or by the employee, and payment is made by the employer * This Act. I? 161

162 LABOUR. Industrial Conciliation, Etc., Act. 2 E liz . II. No. 13, 1953. to the employee in respect of the amount or any part of the amount of long service leave to which that employee is entitled, and that employee is re-employed by that employer before the expiration of a period commencing on the date of termination of employment equal to the amount or part of the amount of long service leave in respect whereof payment was made, the Court may, upon the application of an industrial inspector or of the industrial union of employees of which that employee is a member inquire into the matter and if, upon inquiry, the Court is satisfied that the employer and employee arranged such termination, payment and re-employment for avoiding the giving by that employer to that employee and the taking by the latter of long service leave or any part thereof in accordance with the entitlement thereto of that employee, then the Court may find accordingly and make such order as it deems just, having regard to the objects of this section, in respect of the giving by that employer to and the taking by that employee of long service leave according to the entitlement of that employee thereto, and additionally may punish, by a fine not exceeding fifty pounds, the employer or employee or both respectively, as for an offence against this Act. Section fourteen of this Act shall apply with respect to inquiries under this subsection.” ; (/) By repealing the second paragraph (being the paragraph commencing with the words “ Provided that”) of subsection twelve ; and (g) By adding to the last paragraph of subsection twelve the words “ and the personal representative may make application as prescribed by subsection ten of this section accordingly ”. (2.) The amendments made by paragraph (a) of subsection one of this section to subsection six of section 10 b of the Principal Act shall be deemed to have been so made on the eleventh day of March, one thousand nine hundred and fifty-two. Upon application made within three months after the passing of this Act, and subject to being satisfied that provision as required by the amendments hereinbefore specified in this subsection has been made in a scheme entitling employees to benefits in the nature of long service leave, the Court may confirm an

LABOUR 3 E liz . II. No. 10,1954. Inspection of Machinery, Etc., Act. 163 exemption granted by it before the passing of this Act in relation to that scheme, but unless so confirmed any and every exemption in relation to such a scheme granted before the passing of this Act shall be deemed to be and to have always been void. * 8. The fourth paragraph (being the paragraph Amendment commencing with the words “In the event”) 0fofs-50<2>- subsection two of section fifty of the Principal Act is amended— (а) By inserting, after the words “ earned by him or them ”, the words “ or payable to him or them in respect of any holiday or leave by way of annual holidays, sick leave or long service leave ” ; and (б) By inserting, after the words “ during any period of employment ” the words “ or, if payable in respect of any holiday or leave as aforesaid, which have become due ”. 9. Subsection two of section seventy-six of the Principal Act is amended by repealing the words0 8‘ “ Director of Labour ” and by inserting, in lieu of those repealed words, the words “ Chief Inspector of Factories and Shops ”. ' An Act to Amend “ The Inspection of Machinery 3 N E o l . iz 1 . 0I. I. Act of 1951 ” in certain particulars. T he I nspection op M achinery [A ssented to 27 th A pril , 1964.] A me A ncdtment A ct op 1954. 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 Inspection o/^^tWe Machinery Act Amendment Act of 1954 ” and shall be Auction, read as one with *“ The Inspection of Machinery Act of 1951 ” herein referred to as the Principal Act. The Principal Act and this Act may be cited ^eotlr collectively as “ The Inspection of Machinery Acts, 1951 1 e‘ to 1954.” * 15 G. 6 No. 33.