Industrial Conciliation and Arbitration Acts Amendment Act of 1955 (4 Eliz Ii No. 32) (Qld)

250 LABOUR. Industrial Conciliation, Etc., Act. 4 E liz . II. No. 32, LABOUR. 4N E o L . IZ 3 . 2I. I. An Act to Amend “The Industrial Conciliation and T hb I ndustrial Arbitration Acts, 1932 to 1953,” in certain C onciliation and A rbitration particulars, and for other purposes. A mendment A ct of 1955. [A ssented to 24 th N ovember , 1955.] B E it enacted by the Queen’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:— Short title. 1. (1.) This Act may be cited as “ The Industrial Conciliation and Arbitration Acts Amendment Act of 1955.” Principal Act. (2.) *“ The Industrial Conciliation and Arbitration Acts, 1932 to 1953,” are in this Act referred to as the Principal Act. Collective title. (3.) The Principal Act and this Act may be collectively cited as “ The Industrial Conciliation and Arbitration Acts, 1932 to 1955.” Amendment of s. 4. 2. Section four of the Principal Act is amended by adding to the first paragraph of the definition “ Employer ” the words “ and, in the case of an unincorporated association, the secretary and every member of the governing body, by whatever name called, thereof ”. Amendment of s. 7. 3. Section seven of the Principal Act is amended by repealing subsection six and inserting, in lieu of that repealed subsection, the following subsection:— “ (6.) Any person in the employment of the Crown shall, upon being thereunto required by the Court or a member thereof, furnish to the Court or that member any information whereof that person has knowledge in his official capacity: Provided that this subsection applies so that a person shall not be required hereunder to furnish any information which (irrespective of the relevancy thereof) some other Act or law would authorise, justify or excuse him from giving in evidence in any proceeding. In this subsection the term “ employment of the Crown ” shall have the meaning assigned thereto by *“ The Public Service Acts, 1922 to 1955.” ”. * 23 G. 5 No. 36 and amending Acts, t 13 G. 5 No. 31 and amending Acts.

LABOUR. 251 1955. Industrial Conciliation, Etc., Act. 4. Section nine of the Principal Act is amended Amendment by repealing subsection two and inserting, in lieu of that ° s' ' repealed subsection, the following subsection, namely :— “ (2.) A declaration of a general ruling shall have effect as if it were a decision of the Court or member making that declaration.”. 5 Subsection seven of section 10 a of the Principal of^?° Act is amended— (а) By repealing in paragraph (iv.) the words “ five weeks’ absence ” and inserting, in lieu of those repealed words, the words “ seven weeks’ absence ” ; (б) By repealing in paragraph (vi.) the words “ exceeds two weeks ” (where those words appear in paragraph (a) of the subparagraph commencing with the words “ Provided that ”) and inserting, in lieu of those repealed words, the words “ exceeds four weeks ” ; and (c) By repealing in paragraph (vi.) the words “ five weeks’ absence ” (where those words appear in paragraph (6) of the subparagraph commencing with the words “ Provided that ”) and inserting, in lieu of those repealed words, the words “ seven weeks’ absence ”. 6. (1.) Section 10 b of the Principal Act is amended Amendments by renumbering the first, second and third paragraphs of s' 10 b of subsection two as subsection (2), subsection (2a) and subsection (26) respectively and— (i.) By repealing, in paragraph (6) of subsection two, as so renumbered by this section, the word “ fifteen ” and inserting, in lieu of that repealed word, the word “ ten ” ; (ii.) By repealing, in paragraph (d) of subsection two, as so renumbered by this section, the word “fifteen” and inserting, in lieu of that repealed word, the word “ ten ” ; ‘ (iii.) By, in paragraph (6) of subsection 2a, as so renumbered by this section,— (a) Inserting after the word “ employer ”, where that word first appears, the words and commas “, or the employee having himself terminated his service with the employer,” ;

352 LABOUR. Industrial Conciliation, Etc., Act. 4 E liz . II. No. 32, (6) Inserting after the words “ stood down ” (where those words secondly appear) the words “or to having so terminated his service ” ; and (c) Inserting after the words “ standing down ” the words “ or termination of his service ” ; and (iv.) By inserting in paragraph (c) of subsection 2a, as so renumbered by this section, after the word “ employer ” where that word first appears, the words and commas “, or the employee having himself terminated his service with the employer,”. (2.) The amendments made by paragraphs (i.) and (ii.) of subsection one of this section to section 10 b of the Principal Act shall be deemed to have been so made on the first day of July, one thousand nine hundred and fifty-five and shall operate retrospectively accordingly. (3.) Upon application made within three months, or such time longer than three months as the Court may allow in a particular case, after the passing of this Act and subject to being satisfied that the benefits in the nature of long service leave to which employees are entitled under any scheme conducted by or on behalf of their employer continue to be not less favourable to those employees than their entitlement to long service leave pursuant to the provisions of section 10 b of the Principal Act as amended by subsection one of this section, the Court may confirm an exemption granted by it before the passing of this Act, but unless so confirmed any and every exemption in relation to such a scheme granted before the passing of this Act shall be void as from the passing of this Act. New s. 10c inserted. 7. The following section is inserted after section 10 b of the Principal Act, namely :— teavefor™0 ( 1 .) This section applies to any and every employees employee in respect of whose employment there is not nboytagwoavredrsneodr i * n , force an award or industrial a 0 greement under this industrial ACt. (2.) Every employee to whom this section applies shall be entitled to long service leave on full pay under, subject to, and in accordance with the provisions of section 10 b of this Act as modified by this section.

LABOUR 1955. Industrial Conciliation, Etc., Act. (3.) For the purposes of this section the provisions of section 10 b of this Act shall apply subject to the following modifications :— (a) Subsections one and five shall not apply; ( b ) The term “ said date ”, wherever appearing, shall refer to the date of the passing of *“ The Industrial Conciliation and Arbitration Acts Amendment Act of 1955 ” ; (c) In applying subsection 2a, that subsection shall be read by substituting, for the words “ The Industrial Conciliation andArbitration Acts Amendment Act of 1952 (No. 2) ” ” the words “ *“ The Industrial Conciliation and Arbitration Acts Amendment Act of 1955 ” ” ; (d) In applying subsection six, that subsection shall be read by substituting— (i.) In the first paragraph, for the words “ the provisions of any award or industrial agreement relating to long service leave ” the words “ this section ” ; (ii.) In the first paragraph, for the words “ specified in the award or industrial agreement ” the words “ of this section ” ; (iii.) In the second paragraph, for the words “ the applicable award or industrial agreement ” the words “ this section ” ; (e) The following subsection shall be substituted for subsection seven— “ (7.) Subject to subsection two of this section, the jurisdiction of the Court shall include power to determine all matters and questions 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 determine that any leave in the nature of long service leave taken by an employee before the enactment of section 10c of this Act shall be deducted from the amount of long service leave to which that employee may be entitled pursuant to this section. * This Act. f 1 Eliz. 2 No. 33. 253

254 LABOUR. Industrial Conciliation, Etc., Act. 4 E liz . II. No. 32, The power had by the Court under this section extends, but without limit to that power, to the declaration by the Court of general rulings ” ; /) In applying subsection ten the provisions thereof related to awards and industrial agreements shall be read as related to awards, industrial agreements, orders or determinations under any law of the Commonwealth relating to industrial conciliation and arbitration and accordingly, in the case of any employee, shall be limited in their application to such, if any, of the aforementioned as apply in his case; (g) In applying subsection fourteen that subsection shall be read— (i.) By substituting for the words “ the first day of January, one thousand nine hundred and fifty-two ”, the words “ the first day of July, one thousand nine hundred and fifty-five ” ; and (ii.) By omitting paragraph ( b) and the word “ and ” appearing immediately before that paragraph; and (h) The following subsection shall be added— “(15.) Whoever contravenes or fails to comply with any provision of this section, or of any determination or general ruling made or declared by the Court pursuant to subsection seven of this section, shall be guilty of an offence against this Act and liable to a penalty not exceeding fifty pounds.”. New ss. 10 d and 10 e 8 . The following sections are inserted after section inserted. 10c of the Principal Act, as previously inserted by this Act, namely:— Long service leave for “ [20 d .] (I.) In this section the term “ season ” seasonal means any and every period (whether falling wholly in mwoeraktewrsoirnks one and the same year, or partly in one year and partly and sugar- in the next succeeding year) during which— mills. (a) Sugar-cane is taken delivery of and crushed at a sugar-mill; or

LABOUR. 1955. Industrial Conciliation, Etc., Act. (b) Stock are taken delivery of and slaughtered at a meat works, and derivatives of that term have corresponding meanings. (2.) The Court shall upon application therefor insert (by way of variation or otherwise) in any relevant award or industrial agreement, whether made before, on or after the enactment of this section, provisions entitling employees who are employed in or about sugar-mills and meat works by the owners thereof, and whose employment is seasonal, to long service leave on full pay under, subject to and in accordance with the provisions of section 10 b of this Act as modified by this section. (3.) For the purposes of this section the provisions of section 10 b of this Act shall apply subject to the following modifications— (а) The term “ said date ”, wherever appearing, shall refer to the date of the passing of *“ The Industrial Conciliation and Arbitration Acts Amendment Act of 1955 ” ; (б) The continuity of service with an employer of an employee who— (i.) In a season continued that service until the termination of the season or, if the employer terminated that service at a date earlier than the termination of the season, that earlier date; and (ii.) In the next following season, commenced that service upon the opening of the season or, if the employer required that service to commence at a date later than the opening of the season, that later date, shall be deemed to be not broken by the employee not having been employed in the service of that employer between those seasons ; (c) Periods between seasons during which the service of the employee shall have been determined shall not be taken into account in calculating the period of the service of the employee with the employer, but any time before the commencement or after the termination ofany season, or during any period between seasons, during which the employee was engaged * This Act. 255

256 LABOUB. Industrial Conciliation, Etc., Act. 4 E liz . II. No. 32, in the service of the employer, shall be taken into account in calculating the period of the service of the employee with the employer. In the case of a particular employee the period between seasons means the actual period between the dates of his ceasing service in respect of any one season and commencing service in respect of the next following season; (d) The amount or any part of the amount of long service leave to which an employee is entitled may be given and taken during the period between seasons and leave so given and taken shall be deemed to have commenced immediately after the employee last ceased service; (e) In applying subsection (2a), that subsection shall be read by substituting for the words “ *“ The Industrial Conciliation andArbitration Acts Amendment Act of 1952 (No .. 2) ” ” the words “ f“ The Industrial Conciliation and Arbitration Acts Amendment Act of 1955 ” ” ; and (/) In applying subsection fourteen that subsection shall be read by substituting for the words “ the first day of January, one thousand nine hundred and fifty-two ”, the words “ the first day of July, one thousand nine hundred and fifty-five (4.) This section does not apply to employees employed in or about his business as a grower of sugar­ cane by a person who is both such a grower and an owner of a sugar-mill. (5.) In this section, in relation to a sugar-mill or meat works the term “ owner ” includes any person who carries on the business of the sugar-mill or meat works. Long service leave for [J0E.] (I.) The Governor in Council may from other time to time by Order in Council published in the Gazette sweoarskoenrasl. extend the provisions of section 10 d of this Act and of section 10 b of this Act as modified by the said section 10 d to apply (with and subject to all such further modifications of those provisions as are set out in that Order in Council) with respect to specified employees in any calling whose * This Act. t X Eliz. 2 No. 33. i

LABOUR. 257 1955. Industrial Conciliation, Etc., Act. employment with one and. the same employer is seasonal or otherwise of a periodic nature and whose employment is not defined as casual by the applicable award or industrial agreement. (2.) Such an Order in Council— (i.) May specify employees by reference to their calling, employers, places of employment, or in any other manner sufficiently identifying them ; and (ii.) May modify as the Governor in Council deems necessary or expedient the provisions of section 10 d or of section 10 b of this Act (including by further modifying any provision of the said section 10 b already modified by the said section 10 d ) for the purposes of the application thereof to the employees specified in that Order in Council. (3.) The power to make under this section an Order in Council in respect of any employees shall include power to make in respect of those employees such one • or more Orders in Council as the Governor in Council deems fit and either at one and the same time or from time to time.”. 9. Section 35 b of the Principal Act is amended Amendment by inserting, after subsection three, the followingof s'35b' subsection :— “ (3a.) An employee shall— (i.) Whenever requested by his employer so to do, inform his employer of his residential address, or of the union whereof he is a member, or of both those matters ; and (ii.) Whenever he changes his residential address or union membership, inform his employer forthwith of his changed address or, as the case may be, of the union to which he has changed his membership.”. 10* Section fifty of the Principal Act is amended— Amendments (a) By repealing in subsection one the wordofs‘50' “ order ” wherever appearing ; (b) By repealing the first paragraph of subsection two and inserting, in lieu of that repealed paragraph, the following paragraph :— “ Upon application made by— (a) A person; or i

258 LABOUR. Industrial Conciliation, Etc., Act. 4 E liz . II. No. 32, 1955. (6) An industrial union whereof a person is a member on his behalf, within 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 any money payable under an industrial award or agreement shall have become payable to that person in respect of— (i.) Work done by him ; or (ii.) Any holiday, leave by way of annual holidays, sick leave or long-service leave, the Court or, if the Court remits the matter to an industrial magistrate, that magistrate shall order the person liable under the award or industrial agreement for payment of that money to pay to the person thereunto entitled any unpaid amount thereof earned (or, if payable in respect of any holiday or leave as aforesaid, which became due) within the aforementioned six months or, if an extension of that period shall be allowed as aforesaid, that extended period.” ; and (c) By adding to subsection two the following paragraph, namely :— “ An order may be made under this subsection, either upon an application or in the event of a prosecution for payment of any amount unpaid of money payable in respect of long service leave to a person entitled to that long service leave by virtue of section 10c of this Act and the provisions of this subsection shall, with and subject to all necessary adaptations, apply and extend accordingly.”. Amendment 11. Section sixty-four of the Principal Act is of s. 64. amended by repealing the second paragraph thereof and inserting, in lieu of that repealed paragraph, the following paragraph:— “ For the purposes of this section the full bench of the Court may be constituted by a majority of the members of the Court one of whom shall be the President.”. Amendment of a. 76 (1). 12. Subsection one of section seventy-six of the Principal Act is amended by adding to paragraph (g) the words “ and apply to the Court for interpretations of awards ”.