Industrial Conciliation and Arbitration Acts and Other Acts Amendment Act of 1938 (2 Geo Vi No. 32) (Qld)

17176 LABOUR. Industrial Conciliation, Etc., Amendment Act. 2 GEO. VI. No. 32, 2 N G o E . O. 32V. I. An Act to Amend" The Industrial Conciliation and THE INDLSTRIAL Arbitration Acts, 1932 to 1937," "The COXCII.IATION AND ARBITRATION Profiteering Prevention Act of 1920," and ACTS AND OTHER ACTS A~ IENDMENT ACT OF 1938. "The Coal Production Regulation Acts, 1933 to 1935," in certain· particulars. [ASSENTED TO 1ST DECEMBER, 1938.] B E it enacted by the King'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:- Sh ort title. 1. (1.) This Act may be cited as "The Industrial Conciliation and Arbitration Acts and Other Acts Amendment Act of 1938." CaInnoddnucsiltiraiatilon Acts, (2 1 .) 93 * 2 " tTohe 193 In 7 d ," u,s a tr r i e al he C r o e n in c a n f i t a e t r io r n ef a er n r d ed A t r o bit a r s at t i h on e AAcrbtsittroatiboen Principal Act. Principal Act. Construction (3.) This Act in so far as it amends the Principal mofeanmtsetnod· Act shall be read and construed therewith. Principal Act by this Act. tCitolell. ective citedThaes P " r T in h c e ipa I l n A du c s t t a ri s a s l o C am on e c n il d ia e t d io m n ay an b d e c A o r l b le it c r t a iv ti e o l n y Acts, 1932 to 1938." moCfoennamtsstretunocdt- ion Preve (4 n . t ) io T n hi A s c A t c o t f so19fa2r0,a"s aits aammeenndds e t d " T b h y e P s r u o b - s {i e te q e u r e in n g t APPrrcoetvfi b ete y netitrohinnisg Asuccths, Aschtalals baemreenaddedanbdy csuobnssetrquueedntwAitchts,siuncchluAdicntg, tahnids Act. Act, may be collectively cited as "The Pro-{iteering Ctitolell.ective Prevention Acts, 1920 to 1938." Construction (5.) This Act so far as it amends t" The Coal Produc- ~ ~ endments tion Regulation Acts, 1933 to 1935," shall be read and to Coal. . construed with such Acts, and such Acts as amended by ~ : ~ ~ ~ ~ ~ ; ~ ~ this Act may collectively be cited as " The Coal Production Acts by this Regulation Acts, 1933 to 1938." Act. Collective title. * 23 Geo. V. No. 36 and amending Acts, 8upra, pages 14266 et seq. t 10 Geo. V. No. 33, supra, page 9213. t 24 Geo. V. No. 18 and amending Act., supra, pages 14500 et seq.

1938. LABOUR. Industrial Conciliation, Etc., Amendment Act. 17177 Amendments of the Principal Act. 2. Proviso (b) (being the first proviso contained after ~ me~ % ( ~ ) t the words" Provided further that") of subsection one 0 s. . of section ten of the Principal Act is hereby repealed and the following new proviso (b) is inserted in lieu thereof, namely:-- "(b) The working time of employees in underground occupations, or occupations in which the conditions as to temperature, ventilation, lighting, and limitation of approaches are similar to those obtaining in underground occupations- (i.) Shall include permitted intervals for rest and meals, and (ii.) ShaH be reckoned from bank to bank, and (iii.) Shall, subject as hereinafter provided, but without prejudice to any provision of *" The Coal Mining Acts, 1925 to 1938," or any amendment thereof, not exceed six hours per day unless a temperature of less than eighty-three degrees Fahrenheit thermometer, using a wet bulb, is main- tained for at least .a three-fourths' pro- portion of the working shift in the working place where the employee is occupied: Provided that subparagraph (iii.) of this paragraph shall not apply with respect to the working place where the employee is occupied if such place is thoroughly ventilated during the whole of the working shift or half- shift, as the case may be, by a current of air moving at a rate not less than that which can be measured with the instruments ordinarily used for that purpose: Provided further that in all cases the employee shall be paid as for a full shift or half-shift as the case may be." 3. Section fourteen of the Principal Act is hereby Amendment amended by the insertion after the first paragraph of s. 14. thereof of the following new paragraph, namely:- "The Court may also, by general rule or special order, remit to an industrial magistrate for hearing in the exercise of his summary jurisdiction any proceedings * 16 Geo. V. No. 30 and amending Act, 8upra, pages 11358 et 8eq.

17178 LABOUR. Industrial Conciliation, Etc., Amendment Act. 2 GEO. VI. No. 32, for the recovery of damages for breach of any agreement made under and in pursuance of any award, or for failure to comply with any order of the Court or of an industrial magistrate." Amendment 4. Section fifty of the Principal Act is amended as of 8. 50. follows : - (a) In the third paragraph of subsection two the words" may order" are repealed and the words" shall order" are inserted in lieu thereof. (b) In the fourth paragraph of the said subsection two the words" magistrate may" where those words first occur are repealed and the words "magistrate shall " are inserted in lieu thereof. Amendment 5. Subsection one of section fifty-three of the of s. 53 (1). Principal Act is amended by the addition thereto of the following new paragraph, namely:- "The Court may by special order remit any proceedings under this subsection to an industrial magistrate for hearing and determination." Amendment 6. In the first proviso to subsection one of section of B. 61 (1). sixty-one of the Principal Act the words" a person" are repealed and the words" an employer" are inserted in lieu thereof. Amendment 7. The following new paragraphs are inserted after of s. 63. the first paragraph of section sixty-three as follows:- Consent to place of hearing. " Where in any proceedings under this Act remitted for hearing and determination to and/or otherwise within the jurisdiction of an industrial magistrate the parties to the proceedings agree that such proceedings shall be heard and determined at any place so agreed upon other than the place which but for the provisions of this paragraph would have been the place of hearing, then, notwithstanding anything conta.ined in this Act or *"The Justices Acts, 1886 to 1932," or any other Act or law or rule or process of law, such proceedings shall be heard and determined at the place agreed upon and the industrial magistrate at such place shall have full power and jurisdiction to so hear and determine accordingly. * 50 Vie. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

1!)38. LABOUR. Industrial Conciliation, Etc., Amendment Act. 17179 Moreover if any such proceedings have been instituted at the place which but for the provisions of this paragraph would have been the place of hearing and the parties to the hearing agree that such proceedings should be heard and determined at another place as so agreed upon, the industrial magistrate shall thereupon order that such proceedings shall be heard and determined at such other place agreed upon and grant the necessary adjournment accordingly and cause any necessary documents to be transmitted to the Court at the agreed place of hearing, and the industrial magistrate at the place agreed upon shall have full power and jurisdiction to hear and determine the proceedings accordingly. Any such agreement as aforesaid shall be in writing signed by each party to the proceedings or his representative." 8. Section 63A of the Principal Act is hereby Amendment amended by the addition thereto of the following of s. 63A. proviso, namely:- "Provided that, and notwithstanding anything to the contrary contained in this Act or in any other Act or law or rule or process of law, where two or more persons who are members of a partnership, firm, or other unincorporate association commit as such members an offence against this Act then the Court or industrial magistrate may, upon convicting more than one of such persons for such offence impose upon the persons so convicted the following penalties, that is to say:- (a) Impose upon such one of such convicted persons as to the Court or magistmte shall seem just a penalty, which penalty shall not be less than the prescribed minimum penalty or more than the prescribed maximum penalty; and . (b) Impose upon the other convicted person or each of the other convicted persons such penalty as the Court or magistrate shall think just, which penalty may be less than the prescribed minimum penalty but shall not be more than the prescribed maximum penalty."

17180 LABOUR. ------_."--- Ind1lstrial Conciliation, Etc., Amendment Act. 2 GEO. VI. No. 32, RepeaJ of nnd new s.71. Record to be kept by employer. 9. Section seventy-one of the Principal Act is repealed and the following new section seventy-one is inserted in lieu thereof, namely:- " [71.] Each employer shall keep and have available for inspection by an industrial inspector a complete record of all employees who are for the time being or who were in his employment at any time during the period of six months immediately preceding the date of any inspection, showing their designation, rate of wages, times of starting and ceasing work, and the award under which they are or were working respectively. 'Where in any industrial award or industrial agreement it is prescribed that a time and wages book or other similar record shall be kept by an employer, such time and wages book or other record shall contain the particulars prescribed by such award or agreement in respect of all persons who are for the time being or who were at any time during the period of six months immediately preceding the date of any inspection in the employment of the employer." Repeal of 10. (1.) Section eighty-four of the Principal Act s a . n 8 d 4 n . ew is repealed and the following section is inserted in lieu thereof, namely:- . Amendment "[84.J *" The Profiteering Prevention Acts, 1920 to ionfgPProrfeivteeenr- - 1938," shall be administered by the Commissioner of tion Act. Prices appointed as hereinafter provided. New s. 5. Section five of t"The ProfiteeringPreventionAct of 1920" (as amended by subsequent Acts) ~ as inserted by section eighty-four of t" The Industrial Conciliation and Arbitration Act of 1932 " is repealed, and the following new section five is inserted in lieu thereof, namely : - Appoint- ment of Commis- sioner of Prices. "[5.J (1.) The Governor in Council may from time time appoint a Commissioner of Prices. Such appointee may be either- (a) Any member of the Industrial Court (other than the President) who shall hold such office as Commissioner in conjunction with his office as member of such Court; or (b) Any person other than a member of the Industrial Court, who may hold such office as Commissioner in conjunction with any * 10 Geo. V. No. 33 and amending Acts, 8upra, pages 9213 et 8eq. t 10 Geo. V. No. 33, supra, page 9213. ~ 23 Geo. V. No. 36, supra, page 14266.

LABOUR. 17181 1938. Industrial Conciliation, Etc., Amendment Act. office he may hold under the Government of Queensland, or as chairman or member of a Board constituted by Act of Parliament. (2.) If a member of the Industrial Court as aforesaid Salary. is appointed Commissiuner, he shall hold such office without extra remuneration over and above the emolu- ments of his office as member of the Industrial Court. If any person other than a member of the Industrial Court is appointed Commissioner, such person shall be entitled to receive such salary or (in the event of his holding any office mentioned in paragraph (b) of sub- section one) such additional salary as the Governor in Council shall fix. (3.) The Commissioner shall not be a member of Disabilities. the Executive Council or of Parliament, and shall not act as a director or auditor, or in any other capacity take part in the management of any bank or company within the meaning of *" The Oompanies Act of 1931 "; and in any such case he shall be disqualified from holding the office of Commissioner. (4.) In the case of a person being appointed as Tenure.. Commissioner other than a member of the Industrial Court, such person shall hold office as such Commissioner during the pleasure of the Governor in Council. (5.) The Governor in Council may also appoint a Deput;r person to be the Deputy Commissioner of Prices, and ~ ~ = 18- during his term of office the Deputy Commissioner -shall, during any absence of the Commissioner, have all the powers and authorities and shall perform all the duties of the Commissioner, and for the purposes of this Act shall be deemed in an respects to be the Commissioner. (6.) In the case of illness or other incapacity or Ab~ence absence of the Commissioner, and where no Deputy or illness. Commissioner has been appointed under the preceding subsection, the Governor in Council may appoint some person to be Acting Commissioner. Such appointee may be any member of the Industrial Court other than the President or any person otherwise qualified as aforesaid to be appointed Commissioner. Every person appointed under this subsection shall have all the powers and authorities and perform all the duties of the Commissioner and be deemed for the purposes of this Act to be the Commissioner. * 22 Geo. V. No. 53, 8upra, page 13433.

17182 LABOUR. Delegation Qf powers. Operation of this section. Industrial Conciliation, Etc., Amendment Act. 2 GEO. VI. No. 32, -------- (7.) In any case where a member of the Industrial Court is appointed Commissioner, such Commissioner may from time to time on the authority of the Minister delegate to the Deputy Commissioner such of his duties, powers, and authorities as may be authorised, and for the purposes of this Act the Deputy Commissioner shall perform and exercise such duties, powers, and authorities so delegated 3S if he were the Commissioner, and shall in regard thereto be deemed in all respects to be the Commissioner." " *(2.) The provisions of this section shall not come into operation until proclaimed by Proclamation of the Governor in Council published in the Gazette. Amendments of t" The Coal Production Regulation Acts, 1933 to 1935." ~ ,; ; : mJnts 11. (1.) The following amendments are made in J: , roduc~ io; al t"The Coal Production Regulation Acts, 1933 to 1935," as Regulation follows:- Acts, 1933 to 1935." Amendment (i.) Section five of the said Act is amended as Qf s. 5. follows :- In the definition of " Commissioner of Prices" the words t"" The Industrial Conciliation and Arbitration Act of 1932'" " are repealed and the words §" "The Industrial Conciliation and Arbitration Acts, 1932 to 1938,"" are inserted in lieu thereof. Amendment (ii.) Section seven of the said Act is amended as ofs.7. follows :- Subsection (a) Subsection two of the said section is repealcd (2). and the following new subsection is inserted in lieu thereof, namely:- [Constitu. " (2.) The Central Coal Board shall consist of tion.] five members as follows : - One member shall be a member (other than the President) of the Industrial Court consti- tuted pursuant to §" The Industrial Concilia- tion and Arbitration Acts, 1932 to 1938," Two members shall be persons representative of coal owners, * Section to operate as from 2nd January, 1939. See Proclamation dated 15th December, 1938, published in Gazette of 17th December, 1938, page 2622. t 24 Geo. V. No. 18 and amending Act, supra, pages 14500 et seq. t 23 Geo. V. No. 36, supra, page 14266. § 23 Geo. V. No. 36 and amending Acts, supra, pages 14266 et seq.

LABOUR. 17183 1938. Indu8trial Conciliation, Etc., Amendment Act. One member shall be a person representative of Government collieries, and One member shall be a person representative of employees in collieries; The member of the Industrial Court appointed as member of the Central Coal Board shall also be chairman of the Central Coal Board and is hereinafter referred to as "the chairman." In the case of the illness or absence of the chairman the Governor in Council may appoint another member of the Board or some other person to act as deputy chairman during such illness or absence and the person sb appointed shall while he acts as deputy chairman have all the powers and perform all the duties of the chairman." (b) Subsection four of the said section is amended as Amendment follows :_ of subsection 4 of s. 7. In the second paragraph the words" Commissioner of Prices" are repealed and the word "chairman" is inserted in lieu thereof. (c) In subsection five of the said section the words Amend.me~t " Commissioner of Prices who shall be" are repealed. g~ subsectIOn (d) The following new subsection 7A is inserted after New . subsection seven of the said section, namely :_ ; ~ ~sectlon " (7A.) When any member of the Board is absent Appoint- or ill or is acting as deputy chairman, the Governor in &~ ~ t; f Council may appoint some other person to act ~ s the member. deputy for such member during his absence or illness or while he so acts as deputy chairman, and the person so appointed shall while he acts as deputy member have all the powers and perform all the duties of the member whose deputy he is." (iii.) Section twenty-one of the said Act is amended Amendment as follows :_ of s. 21. The proviso to paragraph (b) of the said section is repealed and the following proviso is inserted in lieu thereof, namely:- "Provided that any fixation of price hereinbefore set forth shall be subject to appeal by any coal owner or purchaser in the District concerned to the chairman of the Central Coal Board (being the member of the K '.

17184 LABOUR. Industrial Conciliation, Etc., Amendment Act. 2 GEO. VI. No. 32,1938. Industrial Court appointed member and chairman of the Central Coal Board pursuant to subsection two of section seven of this Act or, in the event of the absence or illness of such chairman, the person duly appointed to act as deputy chairman) and his determination shall be final and conclusive and without appeal to any tribunal whatsoever; and for the purposes of this provision such chairman of the Central Coal Board or, in the event of his acting as such, the deputy chairman, shall have and may exercise all or any of the powers, functions, duties, and authorities of the Commissioner of Prices under *"The Profiteering Prevention Acts, 1920 to 1938," and the provisions of such lastmentioned Act shall for the purposes of this provision apply and extend accordingly." rCoefognusltartuiocntison Coal ( P 2. r ) od W uc h t e io re n R in egu a l n a y tion re A gu ct l s a , ti1o9n33m t a o d1e93u5n,d"eor r t i " n T th he e and Central Coal Scheme or in any District Coal Scheme scheme. reference is made to the Commissioner of Prices, such reference shall for all purposes be a reference to the chairman of the Central Coal Board (being the member of the Industrial Court appointed member and chairman of the Central Coal Board pursuant to subsection two of section seven of the Principal Act as amended by this section or, in the event of the absence or illness of such cha,irman, the person duly appointed to act as deputy chairman); and without limiting the generality of the provisions of this section, where it is provided that the chairman of the Central Coal Board at any appeal shall be the Commissioner of Prices, such chairman shall mean the chairman of the Central Coal Board appointed as aforesaid or, in the event of his acting as such, the deputy cha,irman appointed as aforesaid, apd any such regulation or scheme shall be read and construed accordingly. Continuation (3.) The amendments made to t"The Coal Production Bofoeaxrdis. ting Regulation Acts, 1933 to 1935," by this section shall not prejudice or affect the constitution of the Central Coal Board in office at the date of the coming into operation of this section, and the chairman (being the member of the Industrial Court holding office as member and chairman of such Board) and every other member thereof shall, without further or other appointment, * 10 G~ o. V. No. 33 and amending Acts, 8upra, pages 9213 et 8eq. t 24 Geo. V. No. 18 and amending Acts, 8Upra, pages 14500 et 8eq.

LABOUR-LANDLORD AND TENANT. 17185 2 GEO. VI. No. 26, 1938. Fair Rents Act Amendment Act. but subject to *"The Coal Production Regulation Acts, 1933 to 1938," continue to hold office for the term for which he was respectively appointed chairman and member or, as the case may be, member. t( 4.) The provisions of this section shall not come Operat~ on into operation until proclaimed by Proclamation of the of sectIOn. Governor in Council published in the Gazette. LAND, RESUMPTION FOR PUBLIC WORKS OF. See WORKS. LANDLORD AND TENANT. An Act to Amend" The Fair Rents Act of 1920" 2 N G o E . O. 26 V . I. in certain particulars. THE FAIR RENTS ACT AMENDMENT [ASSENTED TO 24TH NOVEMBER, 1938.] ACT OF 1938. B E it enacted by the King'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:- 1. This Act may be cited as "The Fair Rents Act Short title Amendment Act of 1938 " and shall be read as one with a~ d ct<?n- t"The Fair Rents Act of 1920," herein referred to as the s rue IOn. Principal Act. The Principal Act and this Act may collectively be ~ cnective cited as "The Fair Rents Acts, 1920 to 1938." . tItle. . Amendments of the Principal Act. 2. (1.) Section five of the Principal Act is amended Amend- as follows :_ ment of s. 5. A new subsection (lA) is inserted after subsection Ne~ sub- one of the said section as follows :_ sectIon (lA). " (lA.) Notwithstanding anything contained in any Le~ sor not A. ct or law or rule or process of law, a lessor shall not rtoenItnucrneleasses mcrease the rent payable for the time being by the pursuant .to ~essee of .a dwelling-house .unless such increase of rent : io~ ~ ~ r: ~ a. IS authorIsed by a determmation by the court of the fair rent. * 24 Geo. V. No. 18 and amending Acts, supra, pages 14500 et seg. t Seetion to operate as from 2nd January, 1939. See Proclamation of 15thDecember, 1938, published in Gazette of 17th December, 1938, page 2622. t 10 Geo. V. No. 31, supra, page 9195.