Industrial Conciliation and Arbitration Acts Amendment Act of 1964 (Qld)

724 Qttcrtts[Mtt1^ ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE Nov 67 of 1964 An Act to Amend " The Industrial Conciliation and Arbitration Acts, 1961 to 1963," in certain particulars [ASSENTED TO 23RD DECEMBER, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as " The Industrial Conciliation and Arbitration Acts Amendment Act of 1964." (2) Principal Act. " The Industrial Conciliation and Arbitration Acts, 1961 to 1963 ," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as "The Industrial Conciliation and Arbitration Acts, 1961 to 1964."

Industrial Conciliation and Arbitration Acts, Etc., Act of 1964, No. 67 725 2. Amendment of s. 2 . Section two of the Principal Act is amended by inserting after the words, numerals and brackets " PART VII- GOVERNMENT EMPLOYEES (SS. 95-96); ", the words, numerals and brackets " PART VIIA-TRADING HOURS IN SHOPS AND EXHIBITIONS OF NON-EXEMPTED GOODS (SS. 96A-96E); ". 3. Amendment of s. 5 . Section five of the Principal Act is amended by, in the definition " Industrial matter ", omitting subparagraph (1) of the second paragraph. 4. Amendments of s. 17. Section seventeen of the Principal Act is amended by- (a) in subsection (2)- (i) omitting, where appearing in paragraph (a), the word " twenty " and inserting in its stead the word " fifteen "; (ii) omitting where twice appearing in paragraph (b) the word " twenty " and inserting in its stead, where so omitted twice, the word " fifteen "; (iii) omitting, where twice appearing in paragraph (c), the word " twenty " and inserting in its stead, where so omitted twice, the word " fifteen "; (iv) in paragraph (d)- (a) omitting where thrice appearing the word " twenty " and inserting in its stead, where so omitted thrice, the word "fifteen"; and (b) omitting the word " ten " and inserting in its stead the word " five "; (b) in subsection (5)- (i) omitting the words, letters and brackets " paragraph (a) or paragraph (b) of subsection two of "; and (ii) adding the following paragraph:- This subsection applies subject to subsection (6) of this section. "; (c) omitting subsection (6) and inserting in its stead the following subsection:- " (6) In calculating for the purposes of this section the length of the service of an employee with one and the same employer- (a) 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; (b) any period of the service had by that employee with that employer before the date of the passing of " The Industrial Conciliation and Arbitration Acts Amendment Act of 1964," in respect whereof that employee has received long service leave on full pay pursuant to his entitlement thereto under the provisions of this section as in force immediately prior to that date or under the corresponding provisions of " The Industrial Conciliation and Arbitration Acts, 1932 to 1959," shall not be taken into account; (c) subject to paragraphs (a) and (b) of this subsection, so much of the period of the service had by that employee with that employer before the eleventh day of May, one thousand nine

726 Industrial Conciliation and Arbitration Acts, Etc., Act of 1964, No, 67 hundred and sixty-four, as exceeds the proportion thereof which fifteen bears to twenty shall not be taken into account: Provided that where the service of an employee to whom paragraph (b) of subsection (2) of this section applies is reduced by reason of this paragraph (c) to less than ten years, such employee shall nevertheless be entitled to long service leave- (a) of an amount calculated on the basis of thirteen weeks for twenty years' service in respect of the whole period of his service before the eleventh day of May, one thousand nine hundred and sixty-four; and (b) of an amount calculated on the basis of thirteen weeks for fifteen years' service in respect of the period of his service on and from the eleventh day of May, one thousand nine hundred and sixty-four." 5. Amendments of s. 19 . Section nineteen of the Principal Act is amended by- (a) adding to subsection (1) the words " or an award, industrial agreement, order or determination under any law of the Commonwealth relating to industrial conciliation and arbitration which deals with long service leave "; (b) in subsection (5) adding to the first paragraph the words " or an award, industrial agreement, order or determination under any law of the Commonwealth relating to industrial conciliation and arbitration which deals with long service leave ". 6. Amendments of s. 33. Section thirty-three of the Principal Act is amended by- (a) adding to subsection (1) the following paragraph:- " Where in the opinion of a Commissioner the decision in the matter of any proceedings before him relating to any award will affect or will be likely to affect any award other than an award to which the matter of such proceedings relates, then the Commissioner shall refer the matter of such proceedings to a Full Bench of the Commission, and may do so at any stage."; and (b) adding the following subsection:- " (5) The Commissioner by whom a reference is made under this section shall not be a member of the Full Bench which hears and determines the matter of such reference." 7. New headnote and sections inserted . The Principal Act is amended by inserting after section ninety-six the following headnote and sections:- PART VIIA-TRADING HOURS IN SHOPS AND EXHIBITIONS OF NON-EXEMPTED GOODS [96A.] Interpretation . For the purposes of this Part- (a) the terms " exempted shop " and " non-exempted shop " refer respectively to an exempted shop and a non-exempted shop under and within the meaning of " The Factories and Shops Acts, 1960 to 1964 "; and (b) the term " non-exempted goods " means all goods other than goods which are prescribed by regulation under " The Factories and Shops Acts, 1960 to 1964," to be exempted goods.

Industrial Conciliation and Arbitration Acts, Etc., Act of 1964, No. 67 727 [96B.] Trading hours in shops. (1) (a) Save as prescribed by paragraph (b) of this subsection, this section applies to any and every shop under and within the meaning of " The Factories and Shops Acts, 1960 to 1964." (b) To the extent to which the provisions of Part VIII of " The Factories and Shops Acts, 1960 to 1964," do not apply to any shop specified in subsection (1) of section sixty of those Acts, and referred to in that subsection as an exempted shop, the provisions of this section do not apply to such shop. (2) (a) The Full Bench of the Commission may by order fix the trading hours in shops, whether or not employees are employed therein. (b) The jurisdiction of the Full Bench of the Commission to fix by order the trading hours in shops includes jurisdiction- (i) to fix the hour at which shops may open and the hour at which shops shall close on any day of the week; (ii) to fix such hours differently in respect of trading by wholesale and by retail respectively; (iii) to fix such hours differently in respect of shops included in different classes of shops (including different classes of non-exempted shops or of small shops), or in respect of shops situated in different localities; (iv) to make such one or more orders as the Full Bench of the Commission deems fit and either at one and the same time or from time to time; (v) to revoke, amend, vary or otherwise modify any order by another order. (c) Paragraph (b) of this subsection applies so as not to prejudice section forty-three of this Act or the application by virtue of that section of the provisions of the First Schedule to this Act in any matter with respect to which the Full Bench of the Commission has jurisdiction under this section. (3) On or before the last day of the period of six months next following the date (in this subsection referred to as the " said date ") of the passing of " The Industrial Conciliation and Arbitration Acts Amendment Act of 1964," the Full Bench of the Commission shall proceed to fix by order the trading hours in all shops the trading hours wherein were at the said date fixed by an award or industrial agreement. In the case of every such award or industrial agreement (a) any and every provision thereof whereby the trading hours in any shop are fixed, including any provision thereof whereby the hour at which any shop may open or the hour at which any shop shall close on any day of the week is fixed, shall continue in force until the Full Bench of the Commission first fixes trading hours in relation to such shop by an order under this Part;

728 Industrial Conciliation and Arbitration Acts, Etc., Act of 1964, No. 67 (h) the provisions whereof provide or fix the trading hours in any shop or the hour at which the shop may open or the hour at which the shop shall close by reference to the prescriptions of such award or industrial agreement relating to the ordinary working time of employees in such shop or to the hour at which the ordinary working time of employees in such shop commences or ceases on any day of the week or to any period of time or hour or hours related to any other purpose of the award or industrial agreement such provisions shall be deemed to have provided or fixed the period of time or hour or hours referred to as the trading time in such shop, or the hour at which such shop may open, or the hour at which such shop shall close, as the case may be, and, until the Full Bench of the Commission first fixes trading hours in relation to such shop by an order under this Part, those provisions of the award or industrial agreement shall continue in force accordingly notwithstanding that any such prescription shall have sooner ceased to operate. Subject to commencing any proceeding to which this subsection applies on or before the said date the Full Bench of the Commission may continue and complete such proceeding after the said date." 8. New s. 96C inserted. The Principal Act is amended by inserting after section 96n, as previously inserted by this Act, the following section:- " [96C.] Special displays , & c., of goods . (1) The Full Bench of the Commission may by order declare general rulings relating to the conditions to be observed in the holding of special displays or special exhibitions, whether permanent or temporary, of non-exempted goods or in connection with non-exempted goods, whether held in non-exempted shops or elsewhere, including the hour at which such special displays or special exhibitions may open and the hour at which they shall close on any day of the week, or prohibiting or permitting the sale thereat or the taking thereat of orders for the sale of goods. (2) The jurisdiction conferred upon the Full Bench of the Commission by subsection (1) of this section includes jurisdiction- (a) to fix conditions, including the hours of opening and of closing and conditions pertaining to the sale and the taking of orders for the sale of goods differently in respect of different special displays or special exhibitions or in respect of special displays or special exhibitions included in different classes thereof or held in different localities; (b) to make such one or more orders as the Full Bench of the Commission deems fit and either at one and the same time or from time to time; (c) to revoke, amend , vary or otherwise modify any order by another order; (d) in and for the purpose of any order which provides that special displays or special exhibitions to which the order relates shall not be held without the authority of a permit, in the complete

Industrial Conciliation and Arbitration Acts, Etc., Act of 1964, No. 67 729 discretion of the Full Bench of the Commission to delegate to the Chief Industrial Inspector authority to grant, or to refuse to grant or to cancel such permits. (3) Subsection (2) of this section applies so as not to prejudice section forty-three of this Act or the application by virtue of that section of the provisions of the First Schedule to this Act in any matter with respect to which the Full Bench of the Commission has jurisdiction under this section." 9. New s. 96D inserted . The Principal Act is amended by inserting after section 96c, as previously inserted by this Act, the following section:- "[ 96D.} Powers and procedure in relation to orders under Part VILA. (1) The Full Bench of the Commission may make an order- (a) under section 96B of this Part- (i) of its own motion; or (ii) upon the application of an industrial union or other organisation; or (b) under section 96c of this Part, upon the application of an industrial union, other organisation or person. The Full Bench of the Commission, in its complete discretion, may in an order made under section 96B or 96c of this Act, or in a separate order, delegate to the Chief Industrial Inspector the working out of the order made under section 96B or, as the case may be, 96c of this Act, including by the making of requisitions, the giving of directions, the preparation of rosters and schedules, as the said Full Bench shall think fit consequent on the making by it of the order in question. (2) The Full Bench of the Commission shall fix a time and place when and where it will proceed to make an order under this Part, whether upon its own motion or upon the application of an interested industrial union, other organisation or person. A notice of such proceeding and of the time and place thereof shall be published in the Queensland Government Industrial Gazette. The said Full Bench may give such directions with respect to the giving of notice of such proceeding and of the time and place thereof by notice served upon specified industrial unions, other organisations and persons and by advertisement in specified newspapers or periodicals as the said Full Bench deems necessary to ensure that all industrial unions, other organisations and persons which or who are interested in the matter are notified of the proceeding and of the time and place so fixed. Every such notice or advertisement shall state a time (as fixed by the said Full Bench) before which any industrial union, other organisation or person which or who claims to be interested in the proceeding may apply to the Registrar for leave to appear and be heard therein. (3) An application by an industrial union, other organisation or person that an order be made under this Part or for leave to appear and be heard in the proceedings in respect of the making of an order under this Part shall be made to the Registrar before the time fixed in that behalf.

730 Industrial Conciliation and Arbitration Acts, Etc., Act of 1964, No. 67 If the applicant satisfies the Registrar that it or he is interested in the making of the order, the Registrar shall grant the application but, unless he is so satisfied, the Registrar shall refuse the application. Where an application is refused the applicant may, within seven days after the Registrar notifies him of the refusal, require the Registrar to refer the application to the Full Bench of the Commission, and upon such reference the said Full Bench may grant or refuse to grant the application. (4) In respect of the making of any order under section 96B of this Act the Full Bench of the Commission may have regard to- (a) the locality concerned or part thereof and the needs of the tourist industry and any other industry in that locality or any part thereof; (b) the consumer and public interest; (c) the needs of an expanding population; (d) the needs of an expanding tourist industry generally including an expanding tourist industry from interstate and overseas; (e) the alleviation of traffic congestion." 10. New s. 96E inserted . The Principal Act is amended by inserting after section 96D, as previously inserted by this Act, the following section:- " [96E.] Breaches of orders . (1) Whoever commits a breach of an order made under this Part, whether by contravention or non-observance of the order or of any provision, requirement or condition of the order, shall be guilty of an offence and liable to a penalty for a first offence of not less than five pounds or more than fifty pounds; and for a second or subsequent offence against the same provision, requirement or condition of such order to a penalty of not less than ten pounds or more than one hundred pounds: Provided that a person shall not be liable to be punished as prescribed by this subsection for a second or subsequent offence where that second or subsequent offence was committed more than twelve months after the date of the commission of the last previous offence wherefor he was convicted. (2) This section applies so as not to prejudice or affect in any way the provisions of section one hundred and fourteen of this Act." 11. Amendment of s. 114 (4). Subsection (4) of section one hundred and fourteen of the Principal Act is amended by adding the following paragraph:- (d) an automatic coin operated pump, or the sale, issue or delivery of petrol, motor spirit, motor fuel or substitutes therefor from an automatic coin operated pump, which is an exempted shop under and within the meaning of " The Factories and Shops Acts, 1960 to 1964," by virtue of paragraph (xiv) of subsection (1) of section sixty of those Acts." 12, Amendments of s. 132 . Section one hundred and thirty-two of the Principal Act is amended by- (a) in subsection (1)-- (i) inserting after the words " or industrial agreement ", wherever those words appear in paragraphs (a), (d), (e) and (f), the words " or order ";

Industrial Conciliation and Arbitration Acts, Etc., Act of 1964, No. 67 731 (ii) adding to paragraph (g) the words " or orders "; and (b) in subsection (2) inserting after the words " or industrial agreement" the words "or order ". 13. Amendment of s. 133. Section one hundred and thirty-three of the Principal Act is amended by inserting after the words " or industrial agreement" the words "or order ".