Industrial Conciliation and Arbitration Acts (War Service Preference in Employment) Act of 1944 (9 Geo Vi No. 4) (Qld)

LABOUR. 9 GEO. VI. No. 4, 1944. Industrial Conciliation, Etc. (Preference), Act. An Act to provide that persons who, during War, 9 G N E o O . . 4. VI. have been Members of Fighting Forces IND~: : RIA.J, shall receive Preference in Employment, and CONCIf~ ~ tON to A men d "Th e I n d ustr ' la 1 C onC ' l 1" latlon an d (WARABRIiT< RJ:A: VTIIOONII Arbitration Acts, 1932 to 1942," in certain~ ~ ~i. ~~ ~ ~~N particulars. Al~ 44~ F [ASSENTED TO 14TH DECEMBER, 1944.] B E it enacted by the King's .Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembl y 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 (War Service Preference in Employment) Act of 1944." 2, (1.) This Act shall be read and construed as one Construction with and as an amendment of *" The Industrial Concilia- of Act. tion and Arbitration Acts, 1932 to 1942" herein referred to as the Principal Act. (2.) The Principal Act and this Act may collectively Collective be cited as " The Industrial Conciliation and Arbitration title. Acts, 1932 to 1944." A mendments of the Principal Act. 3, (1.) Section four of the Principal Act is amended Amendment as follows :_ of s. 4. [Interpre- (i.) A new definition "Fighting Force" is inserted tation.] after the definition of " Employer" namely:- " "Fighting Force" - Means a Naval, Military, Fighting or Air Force of the Commonwealth of Force. Australia.' , (ii.) A new definition" Member of a fighting force" is inserted after the definition of "Member" as follows :- " " Member of a fighting force" -means- Member of a • fighting (a) A person who IS or has been a member of force. a fighting force during any War in which the Commonwealth is or has been engaged; and/or * 23 G. 5 No. 36 and amending Acts, v. 4, p. 1020 et seg.

220 LABOUR. Industrial Conciliation, Etc. (Preference), Act. 9 GEO. VI. No. 4, (b) Any female serving in any capacity with or with any service forming part of any such Naval, Military or Air Forces, including service as medical practitioner or nurse or masseuse, or otherwise, and who at the time when he or she claims preference is domiciled in Queensland." .. ~ mployer" (2.) For the purposes of this Act the term tthoeInCcrlouwden. " Employer" also includes the Crown ' or any C • rown corporation or Crown instrumentality or MInister representing the Crown in respect of an office or employment under the Crown. News. SA. 4. A new section, SA, is inserted after section eight of the Principal Act, as follows:- Preference " [8A.] (1.) (i. ) Notwithstanding anything to the con- ::r :t::[ ~g trary contained in this Act or in any award or in~ ustrial force. agreement made thereunder, whenever an appomtment is to be made to an office or employment in the State, and a member of a fighting force, as well as other persons are applicants for that office or employment, an employer shall, subject as is hereinafter provided, appoint a member of a fighting force to that office or employment in preference to other persons unless reason- able and substantial cause exists for not doing so. (ii.) Any such member of a fighting force may apply in writing for any such office or employment notwithstanding that such appointment had not been offered to him by the employer concerned and to the intent that such member shall not be excluded from the provisions of this section as against.any other person to whom such appointment might have been offered by the employer concerned. (iii.) In determining whether reasonable and sub- stantial cause exists for not appointing a member of a fighting force, the employer shall consider- (a) The length, locality and nature of the service of the member of a fighting force; (b) As between applicants who are members of a fighting force, the length, locality and nature of the service of each such member; (c) The comparative qualifications of the member of a fighting force and of the other applicants for the office or employment;

1944. LABOUR. Industrial (Jonc'I:ZI:ati011, Etc. (Prcfel'cncc), Act. 221 (d) The qualifications, if any, prescribed by law, for appointment to the office or employ- ment in question, and the procedure, if any, prescribed by law, in respect to filling such office or employment; (e) Any other relevant circumstances: Provided that such employer need not appoint such member if, since the termination of his service as a member of a fighting force, he has been convicted of an indictable offence. (iv.) It is hereby declared that where a member of a fighting force has been appointed to any office or employment by way of reinstatement in such office or employment, such reinstatement shall and be deemed to confer upon such member all the rights and privileges including promotion to which he would have been entitled had he not served as a member of the fighting forces. Any such member of a fighting force who has been so reinstated and has been refused any such rights and privileges as aforesaid may appeal to the Industrial Magistrate and such Industrial Magistrate after hearing the appeal shall make such order as he thinks just and reasonable; moreover the provisions of paragraph (vi.) of this subsection shall, mutatis mutandis, apply accordingly. . (v.) Any member of a fighting force who has been Apl?eaIs refused an appointment under this section may apply to : : f~ : : to an Industrial Magistrate, and the Industrial Magistrate employ. after hearing the appeal shall make such order as he thinks just and reasonable. In reference to any such appeal the Industrial Magistrate shall have regard to the considerations referred to in paragraphs (a), (b), (c), (d) or (e) of paragraph (iii.) of subsection one of this section: Moreover if an employer satisfies the Industrial Magistrate that the appellant- (a) Would be unable to perform the duties appertaining to the office or employment by reason of lack of skill or reasonable degree of efficiency; or (b) Is physically or mentally unfit to undertake the duties of the office or employment involved; or

222 LABOUR. Industrial Oonciliation Etc., (Preference), Act. 9 GEO. VI. No. 4, 1944. (c) Has since the termination of his service as a member of a fighting force, been convicted of an indictable offence, the Industrial Magistrate shall refuse to order the employer to appoint such person. Appeal t,o the court. (vi.) (a) Any person dissatisfied with the order of an Industrial Magistrate may appeal to the Court and the provisions of section sixteen of this Act and any Rules of Court shall apply and extend accordingly and for such purposes any such order shall be and be deemed a decision of the Industrial Magistrate. (b) The court, after hearing the appeal, shall mak~ such order as it thinks just and reasonable. (vii.) The Industrial Magistrate, or as the case may be, the Court, may, in the order concerned, direct the employer to employ the appellant and moreover may stipulate that such appellant (in case he is not already a member of an industrial union) shall apply to become a member of an industrial union concerned. In such event, the appellant shall make application to become a member of the industrial union concerned within fourteen days after the commencement of his employment; and the industrial union concerned shall, if he is a fit and proper person, admit to membership the person concerned: Provided that if an industrial union fails to admit such person to membership, such person may never- theless be continued in employment. Ge~ eral (2.) For the purposes of this section, the matter of ; ; ~ ~ ~ n: . topreferenc~ ~ eferred to therein. shall be an ind",!-strial matter wIthm the meaning of thIS Act, and to the mtent that the Court may from time to time declare general rulings relating thereto under and in accordance with and subject to the provisions of section nine of this Act. Without in anywise limiting the generality of this provision, any such general ruling may from time to time declare the basis of preference in respect, inter se, of members of the fighting forces, and in respect of preference as applied to members of the fighting forces and employees not such members of the fighting forces.

LABOUR. 223 9 GEO. VI. No. 14, 1945. Indu8trial Conciliation, Etc., Amendment Act. (.3.) Any person who contravenes or refuses or fails Penalty. to comply with the provisions of this section, or with any order thereunder shall be guilty of an offence and shall be liable to a penalty of not less than ten pounds and not exceeding one hundred pounds." An Act to Amend "The Industrial Conciliation 9 N G o H . O 1 . 4 V . I and Arbitration Acts, 1932 to 1942," in INDU T S H T E RIAL certain particulars. CONOILIATION AND ARBITRATION ACTS [ASSENTED 'fO 5TH APRIL, 1945.] AHENDlIlENT ACT OF 1945. 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. (1.) This Act may be cited as "The Industrial Short title Oonciliation and Arbitration Acts Amendment Act of and. 1945," and shall be read as one with *" The Ind'ustrial ~ f~ : fcf) lOn Oonciliation and Arbitration Acts, 1932 to 1942," herein referred to as the Principal Act. (2.) The Principal Act and this Act may be Collective collectively cited as "The Ind'ustrial Oonciliation and title. Arbitration Acts, 1932 to 1945." 2. Section ten of the Principal Act is amended as Amendment follows:- ofs.lO. In the last paragraph of subsection two of the said [Payment section the words" and that if any work is performed forr~ rtain it shall be paid for at the rate of double time as provided ho 1 ays·l for herein" are repealed and the following words are inserted in lieu thereof, namely:- "and that if any employee concerned actually works on Labour Day, such employee shall be paid a full day's wage for that day and in addition a payment for the time actually worked by him at the ordinary rates prescribed for such work with a minimum of four hours." * 23 G. 5 No. 36 and amending Acts, v. 4, pp. 1020 et seq.