Industrial Peace Act of 1912 (3 Geo v No. 19) (Qld)
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INCOME TAX.-LABOUR. 3 GEO. Y. No. 19, 1912. Industrial Peace Act. ss. 1·3. shall be and it is hereby declared that the same always has been a declaration of dividends and a distribution of dividends within the meaning of the two last preceding provisoes. INDUSTRIAL PEACE. See LA.BOUR. INSPECTION OF MACHINERY AND SCAFFOLDING. See LABOUR. 5467 LABOUR. Industrial Peace Llct of 1912 ... Inspection of Mt1chinery and Scaffoldin.'l Act .Amerll]- ment .Act of 1912 .,. 3 Geo. ]7. No. 19 3 Geo. V. No. 20 An Act to Make Better Provision for Industrial 3 N G o e . o 1 . 9 V . . Peace and for Purposes incidental to that THE object. INDUSTRIAL PEAOE ACT [ASSENTED TO 7TH DECEMBER, 1912.1 OF 1912. B E it enacted by.the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1 , ThI . S Act P m A a R y T b I e .- C P . R Ite E d LI a M s I " N T A h R e Y. Industrw . l Peace S P h RP o EAL r R t IMT ti I t 1 N le A . . R - Y. Act of 1912." 2. This Act is divided into Parts, as follows:- PART I.-PRELIMINARY; Arrangement. of Act. PART II.-THE INDUSTRIAL COURT: P ART IlL-INDUSTRIAL BOA.RDS: PART IV.-BREACHES OF AWARDS AND OTHER OFFENCES; PART V.-LOCK-OUTS AND STRIKES; PART VI.- MISCELLANEOUS. 3. In this Act, unless the context otherwise indicates, Interpreta- the following terms have the meanings respectively set tion. out against them, that is to say,- "Apprentice"-Any person under twenty-one years Apprentice. of age bound by indentures of apprenticeship for the purpose of being instructed in the
5468 PART 1.- PRELIMINARY. s. 3. LA.BOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, Award. Calling. Court. Crown. Decision. Employee. Employel·. knowledge and practice of any calling to which this Act applies for a period of not less than three years: the term does not include a State child within the meaning of "The State Children .Act of 1911,"* or any aboriginal within the meaning of " The .Aboriginals Protection and Restriction of the Sale of Opium Acts, 1897 to 1901 Ht ; " Award "-Award of an Industrial Board or of the Court: the term includes a determination of a Special Board appointed under the repealed Acts in existence at the passing of this Act; "Calling"-Any calling, craft, business, or other occupation to which this Act applies; " Court "-The Industrial Court constituted by this Act; "Crown" includes any State Department and the officers thereof and the corporations respec- tively of the Railway Commissioner and the Secretary for Public Instruction in Queensland, and the officers of such corporations respec- tively, but does not include the corporation of the "Treasurer" created under -or for the pur- poses of " The S1tgar W01'kfJ Guarantee .Acts, 1893 to 1908,"t or " The Sugar Works .Act of 1911,"§ or any officer of such corporation; "Decision" includes any award or order of the Court; "Employee"-Any employee, whether on wages or piece-work rates, in any calling to which this Act applies: the term includes any person whose usual occupation is that of employee in 'such calling: the term does not include the Crown or any person in the public service of the Crown: also, the term does not include any member of a family in the employment of a parent, or any aboriginal within the meaning of " The .Aboriginals Protection and Restric- tion of the Sale of Opium .Act.y, 1897 to 1901 "t; "Employer"-Any person, company, corporation, firm, or association employing or usually employing one or more employees, whether on «- 2 Geo. V. No. 11, supra, page 5076. t 61 Vie. No. 17 and 2 Edw. VII. No. 1, supra, pages 3 et seq. :t: 57 Vie. No. IS, 59 Vie. No. 14, and S Edw. VII. No. 10, supra, pages 3417 et seq. § 2 <1eo. V. No. 8, mpra, page 5211.
. 1912. LABOUR. IndustrialPeaceAct. s. 3. 5469 PART I.- PRELIMINARY. behalf of himself or any other person: the term includes the managing director or the manager of any company, firm, or association corporate or unincorporate, and every manager for any employer, also local authorities, harbour boards, water authorities, the Metropolitan Water and Sewerage Board, and all other local bodies constituted by or under any Act : the term does not include the Crown; "Improver"-Any person under twenty-one years Improver. of age who receives a lower wages price or rate than that fixed by anyawai'd for ordinary adult employees, or who, being over twenty-one years of age, holds a license to work as an improver: the term includes every apprentice who is bound under indentures for a period of less than three years, but does not include any other apprentice or any young worker: the term ooes not include a State child within the meaning of "The State Children .Act of ]911,"* or any aboriginal within the meaning of " The .A boriginals Protection and Restric- tion ofthe Sale of Opium .Acts, 1897 to 11)01 "t; "Industrial agreement "-An industrial agreementIndustrial made under the repealed Acts and subsisting agreement. at the passing of this Act, or an industrial agreement made under this Act; " Industrial association"-Any association, scciety, Industrial organisation, or union whatsoever of persons, association. firms, or companies, whether of employers or of employees. and whether registered under any law or unregistered, having as its principal object the protection or furtherance of" the privileges, rights, or property of its members in connection with industrial matters; " Industrial Board" or "Board "-A Special Board Industrial appointed under the I'epealed Acts, or an Board. Industrial Board appointed under this Act; "Industrial, dispute"-Any dispute as to any in- I~ dustrial du.strial matter: the termdoes not include any dlsputo. dispute as to any industrial matter arising in: connection with employment by or under the Crown; .. 2 Geo. V. No. 11, ,upra. page 5076. f 61 Vie. No. 17 and 2 Edw. VII. No. 1, supra, pages 3 et 'eq,
.'5470 PART 1.- PRELIMINARY. s.3. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19,' Industria.l matters. " Industrial matters "-Matters or things affecting or relating to work done or to be done or the privileges rights or duties of employers or employees in any calling to which this Act applies, or of persons who intend or propose to be employers or employees in any such calling, not involving questions which are or may be the subject of proceedings for an indictable offence: Without limiting the ordinary meaning of this definition, the term includes all or any matters relating to- (a) The wages, allowances, or remuneration of any persons employed or to be employed in any calling, or the piecework or other rates or prices paid or to be paid therein in respect of that employment, including the wages, allowances, or remuneration to be paid for work done during overtime or, subject to this Act, on holidays, or for other special work, and also including the question whether piecework shall be allowed in any calling: (b) The hours of employment in any calling, including the lengths of time to be worked to entitle employees therein to any given wages, allowances, remuneration, or prices, and what times shall be regarded as overtime: (c) The sex, age, qualification, or status of em- ployees, and the mode, terms, and conditions of employment, including the question whether any persons shall be disqualified for employment in a calling for any reason other than their membership or non-member- ship of any industrial association: (d) 'fhe number or proportionate number of aged, slow, or infirm workers, apprentices, and improvers that may be employed by an employer in any calling; and the lowest prices or rates payable to them: (e) The relationship of master and apprentice: (f) The employment of children or young workers, or of any person or class of persons in any calling:
1912.. LABOUR. IndustrialPeaceAct. s.3. 5471 PART 1.- PRELIMINABY. (g) The right to dismiss or to refuse to employ or reinstate in employment any particular persons or class of persons in. any calling for any reason other than their membership or non-membership of any industrial aASO- ciation: (h) Any established or alleged established custom or usage of any calling, either general or in any particular locality : (i) All matters prescribed : (j) All questions of what is fair and right in relation to any industrial matter having regard to the interests of the persons im- mediately concerned and of the community as a whole; " Judge "-A Judge of the Court, or any acting Judge. Judge thereof; "Lock-out ~ ' - ' rhe act of an employer in closing Lock-out. his place of business, or suspending or dis- continuing his business or any branch thereof, or a refusal or failure by an employer to con- tinue to employ any number of his employees, with intent- (a) To compel or induce any employees to agree to terms of employment, or comply with any demands made upon them by the said or any other employer; or (b) To cause loss or inconvenience to his em- ployees, or any of them; or (0) To incite, instigate, aid, abet, or procure any other lock-out; or (d) To assist any other employer to compel or induce any employees to agree to terms of employment, or comply with any demands made by him: "Minister"-The Minister of the Crown for the Minister. time being charged with the administration of this Act; " Prescribed "-Prescribed by this Act; Prescribed. " Registrar"-The Industrial Registrar appointed Registrar. under this Act: the term includes any Deputy or Assistant Industrial Registrar so appointed; "Regulations"-Regulations made under this Act; Regulations.
5472 PART 1.- PRELIMINARY. s. 3. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, Repealed Acts. Rules of Court. Strike. This Act. Young worker. " Repealed Acts"-" The Wa.qes Boards Acts, 1908 to 1912"11< ; " Rules of Court "-Rules made by the Court under- this Act; "Strike "-The act of any number of employees,. who are or have been in the employment either- of the same employer or different employers, in discontinuing their employment, whetherwholly or partially, or in ceasing to work, or in refusing or failing to continue to work therein,. or in breaking their contracts of service, or in refusing or failing after any such discontinu- ance or cessation of work to resume work or return to their employment, the said discontinu- ance, cessation, breach, refusal, or failure being due to or in pursuance of any combination, agreement,or understanrling, whether expressed or implied, entered into by the said employees. or any of them with intent- (a) To compel or induce any such employer t() agree to terms of employment, or to employ or cease to employ any person or class of persons, or to comply with any demands made by the employees or any of them or by any other employees; or (b) To cause loss or inconvenience to any such employer in the conduct of his business; or (c) To incite, instigate, aid, abet, or procure any other strike; or (d) To assist employees in the employment of any other employer to compel or induce that employer to agree to terms of employment, or to employ or cease to employ any person or class of persons, or to comply with. any demands made by any employees; "This Act" includes Rules of Court and Regula- tions made under this Act; " Young worker "-Any person under twenty-one years of age (other than an apprentice or an improver) who receives a lower wages price or rate than that fixed by any award for ordinary adult employees: the term does not include a, 11 8 Edw. VII. No. 8 and 2 Geo. V. No. 30, 8upra, page 5417.
1912. LABOUR. IndustrialPeaceAct. ss. 4·6. 5413 PART l.- , PRELIlnNARY. State child within the meaning of "The State Ohildren Act of 1911,"· or any aboriginal within the meaning of "Th" Aboriginals Protection and Rf'striction of the Sale of Opium Acts, 18H7 tu 1901."t 4. (1.) "The Wages Boards Acts, 1908 to 1912, " ~ Wag~ s are repealed. . Boards Acts (2.) Subject to this Act, every Special Board consti- repeal8(l. tuted or appointed, or purporting to have been constituted or appointed, under the repealed Acts-a list whereof is set forth in the First Schedule to this Act-shall be Schedule L deemed to have been. constituted and appointed an In- dustrial Board under this Act, and shall continue in existence for the purposes for which it was appointed; and for the purpose of the first election and appointment of the members of any such Special Board which has been constituted under the ,repealed Acts, but the members whereof have'not been elected or appointed at the date of the passing of this Act, the repealed A cts shall remain in full force and effect notwithstanding the repeal thereof. (3.) Every determination of a Special Board made or purporting to have been made under or pursuant to the repealed Acts shall be valid and binding as an award of an Industrial Board under this Act. . Hut any such determination shall in all respects be subject to this .ttct in the same manner and to the same extent as if it had been made as an award thereunder. 5, This Act applies to the callings enumerated in the Application Second Schedule to this Act, and to such other callings of Act. as the Governor in Council may from ti~e to time, by Schedule H. Order in Council published in the Gazette, declare to be eallings within the meanin g and for the purposes of this Act, and to' all employers and employees in every such calling, but does not apply to .any other calling, trade, employment, business, undertaking, or industry whatsoever. PART H.-' THE PART n.-THE INDUSTRIAL COURT. INDUSTRIAL COURT. 6. (1.) There is hereby constituted a Court to be Constitution called the Industrial Court, which shall be a court of of Court. record and shall have a seal, which shall be judicially noticed. .. 2 G<,o. V. No. 11, supra, page 5076. t III Vie. No. 17 and 2 Edw. VII. No. 1, supra, pages 3 et seq. t 8 Edw. VII. No. 8 sud 2 Geo. V. No. 30, sUP'!''', page 5417. C-
5474 s.6. LABOUR. PART 1I.- THE INDUIITlIlAL COURT. IndustrialPeaceAct. 3 GEO. V. No. 19, (2.) The Governor in Oouncil shall, by commission in His Majesty's name, appoint the Judge of the Oourt. (3.) The Governor in Council may, if and as he deems it necessary, in like manner, appoint an acting .Tudge or acting Judges of the Court. (4.) A Judge or acting Judge so appointed shall be a barrister or solicitor of not less than five years' standing or a Judge of the Supreme Court or District Court. (5.) The salary of a Judge of the Court shall be such amount as is fixed by the Governor in Council as regards the particular Judge, but shall not exceed the salary for the time being of the Puisne Judges of the Supreme Court, and such salary shall not be diminished during his continuance in' office. (6.) Notwithstanding anything contained in any other Act, if a Judge of the Supreme Court or District Court is appointed a Judge of the Oourt, he shall retain his office as a Judge of the Supreme Court or District Court. If a Judge of the Supreme Court, he shall perform the func- tions of a Judge under this Act without extra remuneration. If a Judge of the District Court, he shall for the perform- ance of the functions of a Judge under this Act receive such extra remuneration as t.he Governor in Council may fix. . • (7.) A Judge or acting Judge sitting alone shall con- stitute the Oourt; and, except as is het"ein otherwise pro- vided,. all the powers and functions of the Court may be exercised by any such Judge sitting or acting alone. (8.) 1£ more than one Judge is sitting at the same time, each of them shall constitute the Court. (9.) A Judge of the Court, other than an acting Judge, shall be entitled to hold office for a period of seven years. A Judge or acting·.J udge shall be eligible for re- appointml'nt, and shall be liable to be removed from office in the same manner and upon -the same grounds as a Judge of the Supreme Court is by law liable to be removed from office. (10.) If the period of office of any Judge or acting Judge expires duriLg the continuance of any investigation or any IT.atter on which he has enter~ d as Judge, the Governor in Council may (and from time to time, if neces- sary), -without reappointment, continue him in office for such time a~ is necessary to enable him to complete such investigation or matter.
LABOUR. ss. 7, 8. 54'75 1912. IndustrialPeaceAct. PAltTII.- THE INDUSTRIAL COURT. 7. (1.) Subject to thi~ Act, the Court shall have Jurilldiction jurisdiction over all industrial matters and industrial of Court. disputes in any calling which are submitted to it- (a) By the Minister or the Registrar as proper to be dealt with by it in the public interest; or (b) By an employer employing or usually employ, ing, or any number of employers employing or usually employing, not less than twenty employees in any calling; or Cc) By not less than twenty employees III any calling; and the Court in the exercise of such jurisdiction shall have all the powers and authorities of a Board, and may make such awards and orders as it thinks proper. (2.) The Registrar may at any time submit to the Court that a Board appointed for any calling has been guilty of wilful or unnecessary delay in making an award with respect to any industrial matter or industrial dispute within its jurisdiction, whereupon the Court may call upon the Board to show cause why the Court should not exercise the functions and jurisdiction of the Board with respect to such matter or dispute. The Court, if after due inquiry it is satisfied that the' Board has been guilty of such delay ~ s aforesaid, may make an order that the functions and jurisdiction of tlle Board as aforesaid shall be exercisable by the Court. Upon such order being made, the Court shall have all the jurisdiction, powers, and authorities of the Board, and may make such award and orders with respect to, the matter or dispute in question as it thinks proper; hnd the Board shall cease to exercise its functions or to have jurisdiction 'with respect thereto. (3.) Save as last aforesaid, the Court shall not (except by way of appeal under this Act) have jurisdiction over any industrial matter or industrial dispute concerning any calling for which a Board is in existence. 8. (1.) There shall be an appeal to the Court against Appeal to the any award of a Board or any pad thereof or any proceedings COl!rt fren. a o f a B oar d . Boar . d. Such appeal may be brought by any person bound by the award or aggrieved by the proceedings, or by any industrial association interested therein, and shall be commenced within six weeks after the publication of the
ss. 9, 10. LABOUR. PART IT.- 'fIfE INDUSTRIAL COURT. IndustrialPeaceAct. 3 GEO. V. No. 19, award in the Gazette or the taking of the proceedings, or within such further time as the Court on an application for extension of time deems proper. (i.) Notwithstanding anything herein contained, the Crown may, at any time after the making of an award by a Board, appeal against such award or any'. part thereof to the Court. In such case the Governor in Council may, if he thinks fit, by Order in Council published in the Gazette, suspend thA award or part thereof appealed against for any period not exceeding three months. Powers of Court on appeal. ,. (3.) Save as last aforesaid, the pendency of an appeal against an award or part thereof shall not, unless the Court otherwise orders, suspend or delay the operation of such award or part thereof. (4..) On an appeal, the Court may allow any person or industrial association interested to become a party to the proceedings, and may take fresh evidence, and shall have all the powers and authorities of a Board, and may confirm, vary, or rescind the award 01' make a new award, or may make such other orders as it thinks proper. (0.) 'rhe expression "appeal" in this Act includes proceedings by way of prohibition with respect to an award or any proceeding of a Board. Judge to act 9. The Judge may act as a mediator in any industrial mwheedniaetvioern his matter or industrial dispute, whether or not it is within the desirable. jurisdiction of the Cour"t, in all cases in which it appears to him that his mediation is desirable in the public interest. Judge IT,ay con\"ene oompulsory cOllfcJ'ence. 10. (1.) The Judge may, whenever in his opinion it is desirable for the purpose of preventing or settling an industrial dispute, summon any person to attend, at a time and place specified in the summons, at a conference presided over by himself. (2.) Any person may be so summoned, notwithstanding that he is not connected with the dispute, if the Judge thinks that such person's presence at the conference is likely to conduce to the prevention or settlement of the dispute. (3.) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the Judge, and in default shall be guilty of contempt of court, and, by order of the J udgo, shall be liable to a penalty not exceeding one hundred pounds. (4.) The conference may be held partly or wholly In public or inprivate, at the discretion of the Judge.
LABOUR. ss. 11·14. 5477 1912. Industrial Peace .Alt. PART II.- THE INDUSTRIAL OO\lR'f. (5.) Any person so summoned, who attends pursuant to the summons and continues his attendance as directed by the Judge, shall be entitled to be paid by the Crown such (if any) amount as the Judge certifies to be a reasonable recompense for his expenses and loss of time. 11. The jurisdiction of the Court in all industrial Jurisdiction matters and industrial disputes ' wh - ether or . iginal or by oexfcltuhsei. VCeo. urt appeal, conferred on it by this Act shall be exclUSIve. 12. (1.) In the course of the hearing, inquiry, or Conciliation. investigation (including any compulsory conference sum- moned by the Judge as hereinbefore provided) of any industrial matter or industrial dispute the Court shall make all such suggestions and do all such things as appear to it to be right and proper for dealing with the matter or bringing about the settlement of the matter or dispute by amicable agreement. (2) If an agreement is [jrrived at, a memorandum of Agreement to its terms shall be made in writing and certified by the hawavaerde.ffect of Judge, and such memorandum shall be filed in the office of the Registrar, and, unless otherwise ordered and subject as may be directed by the Court, shall have the same effect' as, and be deemed to be, an award of the Court. 13. (1.) The award of the Court in any industrial Forlll, effect matter or industrial dispute shall be framed in such a ::tinuance manner as to best express the decision of the Court and of award. to avoid unnecessary technicality, and shall, subject to any variation ordered by the Court, take effect and have the force of law within the locality specified in the award, and continue in force for a period to be specified in the award not exceeding twelve months from the date thereof unless sooner rescinded or varied. (2.) After the expiration of the period so specified, the award shall, unless the Court otherwise orders, continue in foroe until a new award has been made. 14 The award shall be binding on- On whom C• a ) All partI.es to t he ' III dustrm. I matter or I . II dustI' 'm1 abwinadridngis. to be dispute who appear or are represented before the Court; (b) All parties who have been summoned to appear before the Court as parties to the matter or dispute, whether they have appeared in answer to the summons or not, unless the Court is of opinion that they were improperly summoned before it as parties;
5478 PAR'I1 IT.- THE IIWUSTRIAL COURT. ss. 15-17. LABOUR. IndustrialPeaceAct.· 3 GEO. V. No. 19, (c) All industrial associations connected with the calling to which the award applies; (d) All members of industrial associations bound by the award; (e) All employers and employees in the locality to which the award applies in the calling to which it applies; and (I) All persons who, whether as employers or em- ployees, are engaged in that calling in that locality at nn:' time while the award remains in force. Court may rescind or vsry any of ita acts. , . 15. (1.) Subject to this Act, the Court may rescind or vary any decision, recommendation, direction, appoint- , ment, reference, or other act made or done by it. But no decision shall be varied or reopened except on the application of a party thereto, or of a person or industrial association bound therehy, or affected or aggrieved by the decision or claiming to be so affected or aggrieved. ( ~ . ) 'Where any recommendation of the Comt has been acted on and the Court afterwards rescinds or varies the same, it shall be in the discretion of the Governor in Council either to cancel the action taken by him in pursu- ance of such recommen dation, or to vary it to accord· with the rescission or variation of the Court. D~ ci, ioll of C()urt to be final. 16. Save as is provided by the last preceding section, any decision of the Court, whether acting in its original or appellate jurisdiction, shall be final, and shall not be remov- able to any other Court by certiorari or otherwise. No decision or procc.eding of any kind ,,;hatever of the Court shall be challenged, appealed against, reviewed, quashed, or called in question in any other Comt or tribunal on any account whatever. . Appointment 17. (1.) The Governor in Council may appoint an of Registrar. Industrial Registrar and one or more assistant Industrial Registrars, who shall have the prescribed powers and duties. Deputy Registrar. (2.) The Governor in Council may appoint any person to act as a deputy for the Registrar for a time not exceeding in any case thirty days while such Hegistrar is absent from his duties for any cause; and every such deputy shall while so acting have the same jurisdiction and powers and perform the same duties as if he were the Registrar.
LABOUR. ss. 18, 19. Mi79 1912. IndustrialPeaceAct. PAltT rf.- THIIl INDUSTRIAL COURT. 18. The provisions set forth in the Third Schedule to Powers and this Act shall be applicable in all matters with respect to 8~ ~ · ~ ! ~ ~ ~ . of which the Court has jurisdiction, whether origin~ l or by Ichetl,,,re IT!. way of appeal, and shall be observed. PART III.-INDUS'IRlAL BOARDS. PART III.- INDUSTRIAL BOARDS. 19. (1.) Industrial Boards may be created for any Creabion of calling to which this Act applies. Boards. No Board shall be created except on the recommenda- tion of the Court. (2.) Before any Board is created, application therefor shall be made to the Registrar. (3.) Such application may be made by- (0) Such number of employers in any calling as is prescribed by rules of Court; or (b) Such number of employees in any calling as is prescribed by rules of Court. ' The Registrar shall submit every such application to the Court. (4.) 'l'he COUlt shall inquire into the matter of the application, and furnish its recommendation to the Minister. (5.) The Court may recommend- (Cl) 1'he creation of a new Board; or (b) That the jurisdiction of an existing Board should be extended to the calljng of the appli- cants or any of them; or (c) That the lo('ality in which an existing Board has jurisdiction should be extended or diminished, and that in consequence the number of its members should be altered as specified; or (cl) That, for the purposes of the creation of a Board or Boards and the jurisdiction of the same, certaIn specified callings should be trans- posed, divided, combined, reJrranged, or re- grouped; or (e) That no action be taken in the matter of an application. ' If the Court recommends the creation of a new l~ oard, it shall also state the calling for which the 'Board should be created, and the number of members of the Board, and, if the Board is to have jurisdiction limited in area, thp. locality in which it should have jurisdiction.
'5480 s.19. LABOUR. PART 111.- - - - - - - - - - - - - - - - - - - - - - - - - INDUSTRI.H BOARDS. IndustrialPeaceAct. 3 GEO. V. No. 19, If the Court recommends that the jurisdiction of an existing Board should be extended, it shall also state the calling with respect to which such jurisdiction should be extended, and what increasf', if any, in the number of members of the existing Hoard should be, made. If the Court recommends any transposition, division, combillation, rearrangement, or regrouping of callings, it shall also state the Boards and awards or industrial agreements, whether existing at the passing of this Act or thereafter created or made, which would be affected thereby, and recommend what Board or Boards, if any, should be dissolved, or what :Board or Boards with what number of members should be created, or what increase, if any, in the number of members of any existing Board or Boards should be made, and what award or awards and industrial agreement or agreements, if any, should be rescinded or varied, and the extent of such variance. (6.) Thereupon the Governor in Council may, by Order in Council-- (a) CrC'ate a new I30ard, and declare the number of its members, the calling for which it is created, and assign a name to the Board; or ' (b) Extend the jurisdiction of the existing Board referred to by the Court to the calling over which the Court has recommended that it should have jurisdiction,. and, if required, in- crease the number of members thereof; or (c) Extend or diminish the locality in which an existing Board shall have jurisdiction, and, if deemed necessary, alter the number of its members; or (d) Transpose, divide, combine, rearrange, or re- group the callings concerned, and dissdve such Board or Boards and create such Board or Boards with such number of members as may be specified, or, if required, increase the number of members of any existing Board or Boards. In every case, if any Board is to have jurisdiction limited in area, the locality in which it is to have jurisdiction shall be declared. In every case in which the number of members of a Board is altered, the equality of representation thereon of employers and employees shall he preserved. I f such number is decreased, the Order shall declare what members shall forthwith go out of office.
1912. LABOUR. Industrial P wce A.ct. s.20. 5481 FAltT III.- INDUSTRIAL BOARDS. In every case where the Governor in Council acts under this subsection, he may rescind or vary such awa'rd or awards or industrial agreement or agrf'ements as in his judgment will more effectually ensure the purposes and objects of this Act. (7.) Notwithstanding anything hereinbefore contained, the Court may of its own motion at any time make any, recommendation to the Governor in Council 'which it has power to make after application as hereinbefore men- tioned, and the Governor in Council may act on any such recommendation. 20. (1.) Subject to this Act, Boards shall consist of Oonstitution not less than four nor more than hvelve members and a of Boards. chairman, as shall be declared in the Order. (2.) The Governor in Council may, on the recommend- ation of the Oourt, at any time remove any member of a Board and, in accordance with this Act, appoint another member in his stead. (3.) Any Board may be appointed 'with jurisdiction throughout the whole ~ tate or with jurisdiction limited to any specified locality or localities. (4.) Subject to this Act, the Governor in Oouncil, on the recommendation of the Court, may, if he thinks fit, from time to time, increase the number of members or decrease the number of members of a Board, ",heth9r appointed before or after the passing of this Act, provided that the number thereof shall not exceed twelve or be less than four, exclusive of the chairman, and that the numb.er of representatives of employers and employees respectively as hereinafter provided shall always remain equal. (5.) One-half of the members of a Board shall be appointed as representatives of employers, and one-half as representatives of employees. (6.) The representatives of the employers shall be ~ epresent& at the date of their appointment bona fide and actual tlVeS. employers in the calling concerned, and the representa- tives of the employees shaH be at the date of their appointment bona fide and actual employees in such calling. and, in each case if a Board has jurisdiction limited in area, within such al'ea. The president or chairma~ of any local body which is an employer within the meaning of this Act, and any manager of a sugar works vested in or controlled by the corporation of the "Treasurer," shall be eligible to be an employers' repre- sentative.
5482 PART nr.- INDUSTRIAL BOARDS. s. 21. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, Term of o{feE'. (7.) Subject to this Act- Ca) Appointments as members of a Board shaH be for three years only, but any member of rl Board may, on the expiration of his term of office, be reappointed; (b) When the number of members is increased, the new members shall be appointed for such period as will require them to go out of office in the usual course when the existing members so go out of office; ( r:) The chairman of a Board shall be deemed to be a member thereof: Provided that when the Order in Council appointing a Board is rescinded the members of such Board shall forthwith cease to hold office. Election and 21. Within two months after a notification by the aopf pBooianrtdm.ent Registrar published in the Gazette of the creation by the Governor in Council of a Board for any calling, or of the extension by the Governor in Council of the jurisdiction of an existing Board to any calling and of the increase of the number of memhers of any Board, or of the extension of the locality in which the Board shall have jurisdirtion and of the increase of the number of its membprs, the employers and employees in such calling shall elect their respective proportions of such Board or, if required, of the increased number of members for such calling. Notwithstanding anything contained in this Act, where in any locality there is only one employer in any calling, such employer may elect any persons other than members of the legal profession, whether qualified or not, as his proportion of such Eoard. 'The names of the persons so elected shall be filed in the office of the Registrar. If the Hegistrar is satisfied that such persons are duly qualified and have been duly elected, he shall forward a certificate to that effect to the Minister. 'rhe Registrar shall refer to the Court any matter of dispute arising with respect to any such qualifi- cation or election, and the Court shall inquire into the same, and may order the Hegistrar to forward the prescribed certificate, or order a fresh election, or make any other order in the premise's as it thinks proper, and every such order shall be final and without appeal. Upon receiving the aforesaid certificate, the Governor in Council, by notice published in the Gazette, shall appoint
LABOUR. . ss. 22, 23. - - - - - - - - - - - - - - - - - - - - - - - - - PART JIT.- 1912. IndustrialPeaceAct. lI'DUI!TRIAL. BOARDS. the persons named therein as representatives of employers and representatives of employees to be members of such 11oard: Provided, however, that, if the employers or the employees fail to make such election within the time herein limited, the Governor in Council shall, by notice published in the Gazette, appoint persons as representatives of such employers or employees failing to make such election. 22. If any vacancy occurs j rom any cause whatsoever Vacancies, in a Board, it shall be filled by election as aforesaid by the how filled. employers or employees whose representative has caused such vacancy, and thc Governor in Council, by notice published in the Gazette, shall appoint the person so elected, or, in default 6f such election within one ITonth after the vacancy has arisen, he shall, by notice as afore- said, of his own motion appoint Fame person as represen- tative of the employers or employees (as the case may require) for the unexpired portion of the term of office of the member who has vacated his seat. 23. (1.) The members of a Board shall, within Appoi~ tmen~ twenty-eight days after their appointment, nominat(l in of chaIrman. writing to the Registrar some person (not lwing one of such members) to be chairman of I.he Board. The Registrar shall forward a certificate to the Minister stating the name of the person so nominated~ whereupon such person shall be 11 ppointed by the Governor in Oouncil to such office. (2.) If tlle Registrar does not receive such nomination within twenty-eight days after the appointment of the saic[ members, then the Governor in Oouncil may appoint the chairman on the reoommpndation of the Oourt. U~ . ) Any vacancy which occurs in the office of chair- man shall be filled in like mannpr, a,nd tile person so appointed shall hold office only for the UllC'xpired portion of the term of office of the person who has vac~ \ ted office. (".t.) If at any time the Oourt, on a submission by the Removal of Registrilr, is of opinion that. the cbairman of a Board has chairman of Wl ·If U 11 Y neg 1 ected to perform any 0 f 1 lI . S preser! 'b e d d u t' leS, B ne o g a l r e d ct fo o r f the Court may, after hearing such chairman, recommend duty. to the Governor in Council that he be removed from office, and that some other perwn to be named (not being already a member of the Board) be nppointed in his place; thereupon the Governor in Council may remove sueh chairman and appoint such other person.
.lS484 PART IIl.- INDUSTRIAL BOARDS. ss. 24-29. LABOUR. IndustrialPeaceAct. 3 .GEO. V. No. 19, Oath of office. 24. Before the chairman or any membl'r of a Board enters upon the duties of his office, he shall take and sign before a police magistrate an oath or affirmation that he will faithfully exercise and discharge the powers and duties of his office without fear of or favour to any person, and will not therein wilfully make any laJse or inaccurate statement. Every such oath or affirmation shall be filed in the office of the Hegistr.lr and recorded. J" urisdiction . ~f Board. 25. A Board may, with respect to tIle calling for which it has been created, make an award determining any industrial matter or dispute in connectioc with such calling. Exercise of powers. Effect Of vacancy c:msed by resign ation. 26. (1.) All powers of a Board may be exercised by a majority of the members thereof. (2.) During any vacancy in a Board (other than in the office of chairman) caused by the resignation of a mem- ber, the continuing members may act as if no vacancy existed. Chairman may administer oaths, &0. 27. The ehairman may require any person (including a member) giving evidence before a Board to give his evidence on oath or affirmation, and for such purpose may adminh,ter an oath or take an affirmation. For the purposes of compelling the attendance of persons to give evidence and the punishment of persons failing to attend when summoned or refusing to give evi- dence or produce documents or writings in their possession or power, the chairman shall have all the powers and authorities of a police magi'ltrate sitting in a court of petty sessions. Award ~ f Board. 28. The award of a Board shall be signed by the chairman and forwarded to the Registrar, who shall forth- with publish the same in the Gazette ~ nd notify the parties. Award to 29. Subject only to appeal to the Court and to the pro- froermceaifneirn visions hereinbefore contained relating to the suspension of what period. the operation of any award or part thereof, an award of a Board shall, from a date fixed by the Board (not being within sixty days of such award), within the locality for which the Board has jurisdiction, take effect and have the force of law, ar.dshall not be in any- manner liable to be challenged or disputed, and shall be binding on- (a) All industrial associations connected with the calling to which the award applies;
1912. LABOUR. IndustrialPeaceAct. s.30. 5485 PART I1I.- INDUSTRIAl. BOARDS. (b) All members of indu~ trial associations bound by the award; (c) All employers and employees in the locality to which the award applies in the calling to which it applies; and (d) All persons who, whether as employers or em- ployees, are engaged in that calling in that locality at any time while the award remains in force; and shalll'emain in force for a period of t.welve months, and also thereafter until it has been amended by another award of the Board or the Board or Court has made a new award with respect to the same matters. When the Order in Council appointing a Board is rescinded, such rescission shall not affect tGe operation of any award made by such Board and then in force, but such award shall remain in force until suspended, superseded, or otherwise dealt with under this Act. 30. (1.) The following provisions shall be applicableIndustriaJ in all cases where no .Board is in existence in connection Itbgrteementlt W1 'th any pal'tl.C ul ar ca 11 l ' ng: ~ eme pwleoeyners The majority, respectively, of the employers and: :~ l~yees. employees in such caning in any locality may enter into an industrial agreement with respect to all or any of the matters which would under this Act be within the jurisdic- tion of a .Board if such Board had been created for such calling, "and may transmit such agreement, duly verified by their respective representatives, to the Registrar, with a request that the same shall be sanctioned by the Court. The Court shall make such inquiry into the matter of such agreement as it thinks proper, and may hear any objection thereto by any persons not parties thereto who are employers or employees in the calling and locality in question. If the Court is satisfied that the agreement has been entered into by a majority of the said employers and employees, respectively, in such locality, and that such agreement is not contrary to this Act, the Court may sanction the agreement. Thereupon the agreement shaH have the same effect as and shall be deemed to bEOran award of the Court for all the purposes of this Act. (2.) Every industrial agreement entered into pursuant Existing to sec. tion forty-eight o" , f "The Tf7ages Boards Act O u F . 1908, ,,* aingdreuesmtrcianltlJ. * 8 Hdw. VII. No. 8, 8upra, page 5417.
5486 PARTIII.- INDUSTRIAL BoAR"!:S. ss. 31. 32. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, nnd subsisting at the date of the passing of this Act, shall be deemed to have been made and entered into pursuant to the last preceding subsection, and shall be construed and have effect accordingly. PART lV.- BREAOHES Ol!" AWARDS AJ; > F~:E~ PART IV.-BREACHES OF AWARDS AND OTHER OFFENCES. Power to 31. Where any employer employs any person who dt"eeteeorvmerinreadte, does any work f or In. m f' or W h l ' C h an award has fi xed the !Iotwithstand-.lowest prices or rates, then such employer shall be liable ::e~r: :ent to to pay and shatl pay in full in money, without any deduc- the contraTY· tion whatever, to such person the price or rate so fixed; but this provision shall not be construed to prohibit a deduction agreed upon between an' employer and any of his employees- by way of contribution to any hospital or benevolent or provident fund; and such person, if within thirty days after such money became due he claims the amount therrof in writing and is not paid the same in ful~ , may, within sixty days after the date of such claim, take proceedings in any court of competent jurisdiction to recover from the employer the ful1 amonnt or any balance due in accordance with the award, any smaller payment or any express or implied agreement or contract to the contrary notwithstanding. Penalty for breach of award. 32. (1.) Any industrial association or person which or who commits a breach or non-observance of an award, whether by contravening or failing to observe the same or otherwise, shall be liable to a penalty not exceeding in the case of an association five hundred pounds, in the case of an employer two hundred and fifty pounds, and in the case of an employee ten pounds. Injunction against further .offences. (2.) When any industrial association, or person h convicted of an offence under the last preceding subsection, the magistrate, if of opinion that the breach or non-observ- ance was committed in wilful defiance of the award, may, on motion or without motion, and in addition to any penalty imposed, grant an order in the nature of an injunction to restrain such association or person from committing any further or other breach or non-observance of the award. (3.) If such person disobeys the said order, he shall, if .an individual, be liable to imprisonment, with or without hard labJur, for any period not exceeding three months; or, if a company or an industrial association, it shall be liable to a penalty not exceeding five hundred pounds.
LABOUR. ss. 33-35. 5487 PART IV.- 1912. IndustrialPeaceAct. BREACHES OF AWkRDS AND 'OTHER , •• OF~ ' ENC~ S. 33. (1.) If an employer dIsmIsses any employee Employer from his employment by reason merely of the fact that the n?t t? emp l oyee I · S a mem b er 0 f a B o " a d r, or 1 las gI . ven eVI 'd ence deImsmpIlSoSyee on before a Board or the Court, or has made any application account of or appea1 to t he Court, or has endea"voured t' 0 secure the tuankdinergthbeenAecfti.t creation of a Board, or is or is not an officer or member of an industrial association, or is entitled to the benefit of an award or of an industrial agreement, he shall be liable to a penalty not exceeding fifty pounds. ( ~ . ) If any employee ceases work in the service of an Employee not employer by reason mere • ly of the fact that the emI)lo J ver t = o c ~ eas ~ e w ~ ork or any other employee IS a member of a Board, or has em~ loyer given ev • idence before a Board or the Court ' o u r h n as m d ade etakrmgthbeenAecfitt. any applIcation or appeal to the Court, or has endeavoured to secure the creation of a Board, or is or is not a member or officer of an industrial association, or is entitled to the benefit of an award or of an industrial agreement, he shall be liable to a penalty not exceeding ten pounds. 34. No person shall be refused employment or in N? ~ is- . any way d 'I · scn " mmatc( I agaI - ns t on aCCOilll t 0 f mem b ers h I ' p crllmnatJon. or non-membership of any industrial association. ~ 0 person who is an employer or employee shall be dis- criminated against or injured or interfered with in any "ray whatsoever on account of membership or non-membership of any industrial association. Any pm'son who acts or incites any other person to act in contravention of this section shall be liable to a penalty not exceeding fifty poullds, 3,11'1 any industrial association which acts or incites any person to act or is in any way a party to any person acting in contravention of this section shall be liable to a penalty not ~ xceeding five hundred pounds. I > ART V . - L OCK-OU'!'':; AND S THIKE';;. 35. (1.) It is unlawful- PART V.- LOCK OUTS AND STHIKKS. (a) To do an y act or thing in the nature of a lock- Prohibition OU t ,or t· 0 t a k e par t I . n a 1 oc k -ou t , or to I " nC L ILe oafnldoc s k tr - i o k u e t s s . . to or aid in any lock-out; (b) 'ro do any act or thing in the nature of 'a strike, or to take part in a strike, or to incite to or aid in any strike; in any of the undermentioned cases, namely- (i.) In or in connection with anything which is a public utility, unless or until a compulsory conference called by t4e Judge under section ten
5~ 88 PAIlT V.- LOOK-OUTS AND STRIKES. s.36. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, of this Act (which conference the Judge shall call) has proved abortive, and thereafter unless or until after fourteen days' notice in writing of the intention to lock-out or strike has been given to the Registrar, und after the Registrar has in manner prescribed by rules of Court taken a secret ballot amongst the employers or employees, as the case requires, in the calling concerned, and such ballot has resulted in favour of such lock-out or strike; or (ii.) In any other case unless or until after fourteen days' notice in writing of the intention to lock-out or strike has been given to the Registrar, and after the Registrar has in manner prescribed by rules of Court taken a secret ballot amongst the employers or em- ployees, as the case requires, in the calling concerned, and such ballot has resulted in favour of such lock-out or strike: Provided that the Registrar shall in all ca~ es where it is practicable take such ballot within such period of fourteen days. (2.) 'In this section the term "public utility" includes- (a) The manufacture or supply of coal gas fOl' any purpose; (b) 'l'he production or supply of electricity for light or power; (a) The supply of water for domestic purposes; (d) The supply of milk, flour, or bread for domestic consumption; (e) The slaughter or supply of meat for domestic consumption; (I) 'l'he getting, sale, or delivery of coal or other fuel for any purpose; _ (g) The protection of buildings and other structures from fires, and the prevention and extinguish- ment of fires. . Penalty for lock-out. 36. (1.) If in contravention of 1he last preceding section -any person or industrial association of employers does any act or thing in the nature of a lock-out, or takes part in a lock-out, or incites to or aids in any lock-out, such person or association shall be liable to a penalty not exceeding one thousand pounds.
1912. LABOUR. I ndustrial Peace Act. s.36. 5489 PA,R'l'V.- LOCK·OOTS AND STRIKES. (2.) If in contravention of the last preceding section Pe?alty for any person does any act or tllI. ng m. the nat ure 0 f a spter,iskoen.by any strike, or takes part in a strike, or incites to or aids in any strike, he shall be liable to a penalty not exceeding fifty pounds. Where.a person is under this subsection ordered to Amount of pay a penalty, the Court shall order that the amount of ie: ha! ~et~~ e such penalty shall be a charge on any moneys which are wages. .. then or which may thereafter be due to such person from his then or future employer, including the Crown, for wages or in respect of work done. But such charge shall not have effect so as to deprive such person of more than twenty pe~ centum of any sum for wages or in respect of work done due to him from any employer in anyone week. Such order may be for the payment of such penalty in one sum or by such insta.lmentsas the Court may dil·cct. . On the making of any such order, the employer, on being notified thereof, shall, from time to time, pay such moneys into the Court as they become payable in satisfaction of the charge imposed by the order. No charge upon or assignment of his wages, or of moneys in respect of work done or to he done, whenever or however made by any such person shall have any force - whatever to· defeat or affect any such order; and such order may be made and' shall have effect as if no such charge or assignment existed. (3.) Where any person is under the last preceding Association to subsection ordered to pay a penalty, and it appears that contribute to he was, at thc time of his doing the acts complained of, a ~ : ~ : : i~ ; . ts of member of an industrial association, the Court may, in addition to making the charge provided for in the said subsection, order such association, or the trustees thereof, to payout of the funds of the association any amount not exceeding t\\enty pounds of the penalty. The Court shall, before making such order, hear the Association to said association or trustees. and shall not make such order be heard. if it is proved that the as'sociation has' by means that are reasonable under the circumstances bond fide endeavoured to prevent its members from doing any act or thing in the nature of a strike, or from taking part in a strike, or from inciting to or aiding in a strike. (4.) If in contravention of the last preceding section Penalty any industrial association of employees does any act oragain.stt'· thm' g m. the nature 0 fa' sktrl e, or takes part m. a st n 'ke, aSSOCla IOn. D , ,-,
PART V.- LoCK'OUTS AND STBII:Ei. SS. 37-40. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, or incites to or aids in a strike, it shall be liable to a penalty not exceeding one thousand pounds, and, in addi- tion, the Court may, with the consent of the other parties bound by any award or industrial agreement, cancel any award or agreement, whether made under the repealed Acts or this Act, so far as it relates to the. members of such industrial association. When. o~ cer 37. When a lock-out or strike takes place, and any omremmabJeorsrittyakoef office.r of or a maJ'ority of. the m.e.mbers of any industri.al part". aSSOCIation takes part thcrem or mCltes thereto, the aSSOCla- ~ ~8e: : JI~ : tion shall be deemed to have done an act in the nature of a incitelock.outlock-out or strike, according to the nature of the case. or strike. Association 38. (1.) Any industrial association of employers orde~ ng t which, for the purpose of enforcing compliance with the : ~ : see~ ~ o~ er demands of any employers, orders or incites its members elIl: l! oy~ ent to refuse to offer employment, or to continue to employ, r:itfn;. shall be deemed to do an act in the nature of a lock-out, whether a lock-out actually takes place or not. mAorsedsmeorbcinieargtsiotno for th( 2e.) puArpnoyseinodfuesntrfioarlciansgsoccoimatpiolinanocfe ewmitphlotyheeesdewmhaincdhs, eiargnemcufcciupilettslpiyeontygotmo. f . ent twsoohfhaaeallntchycbeeeerpmdtaepeseltmmoryipekedleeosyat, omcoteurdndaotel, lryasontroarkatoceinst ccpiiotnleanscttiehniteousernmnatoteoutm. rebb, eeorsfemtaopsrltoeryfiukesdee, , Injunction to 39. (1.) When any industrial association or person restrain above has been convicted of any of the offences constituted by offences. t hI' S Part, the Court may, at the tI' me 0 f the convl.CtI'On or subsequently, make an order in the nature of an injunction to restrain such association or person from continuing 01' repeating such offence or committing such offence, accord- ing to the nature of the case. Such order may be made on :q.otice or ex pm-te, upon the application of the Registrar or any member of the police force. (2.) If any person enjoined by any such order, after service thereof, disobeys the same, he shall, if an individual, be liable to imprisonment with or without hard labour for any period not exceedin~ six months, or, if a company or industrial a<:sociatioD, it shall be liable to a penalty not exceeding one thousand pounds. Offences may 40. (1.) When the Registrar certifies to the Court g b e e n~ tr r i a e l d on in writing that in contravention of this Part a lock·out or summons. strike is taking place or is impending, the Court may, after a Judge has appointed a special day for the hearing of
1912. LABOUR. IndustrialPeaceAct. 11.41,42. l)(&1 PART V.- Lock-<iUTs AND STRIpS. evidence respecting the matters so certified, issue sum- monses to all persons and industrial associations suspected of having committed any of the offences constituted by this Part (according to the nature of the case), directing them to attend at a time and place therein mentioned; and the Court may, without any complaint being made or a,ny other summons being issued, deal .with ap.y such persons or associations shown to have been guilty of any such offences as if they had been specially charged with such offences. (2.) Such summonses may be served by registered letter or in any manner in which a summons in sum- mary _proceedings before justices may be served, or in manner prescribed by Rilles of COU!t. (3.) Nothing in this section shall be deemed to exclude any other manner of proceeding in respect of such offences or for the recovery of penalties. 41. Proceedings in respect of offences under this Proceedings . Part shall be taken and prosecuted in and be heard and under this. d e t ermm . ed by -t he Cour t ' ID manner prescn' bed by R uIes 0 f t P h a e rt C t o o u b r e t. . In" Court. PART VI.- PART Vr.-MISCELLANEOUS. MIBCIliL- LANBOUS. 42. Every award made after the passing of this Act, save as hereinafter provided, shall be deemed to contain prqvisions to the following effect, namely :- (1.)" All work done by any employees on the following Pay~ ent for holidays, namely:-New Year's Day, Good Friday, Eastertei~~ m Monday, the first Monday in May, the birthday of the 01 ays. Sovereign, Christmas Day, and Boxing Day, or on any day proclaimed to be kept in the place of any such holiday, shall be deemed overtime work, and shall be paid for at the rate of time and a-half. Work done during ordinary working hours on any other day or holiday in t,he year shall not be deemed overtime work or be paid fm' at any increased rate: ' Provided that where any award made before the passing of this Act. contains a provision that work done on any holiday other than the holidays mentioned in this subsection Rhall be paid for at an increased rate, such provision with respect to such holiday may be continued in any future award of the Board, whether such award is an amendmpnt of the existing award or in substitution therefor, until it is annulled by any subsequent award or amendment thereof.
5492 PART VI.- MISCEL- LANEOUS. ss. 43-45. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, Nothing in these provisions shall have reference to Sunday work. lVwimoarrikitaiontifgon of perfo(r2m. ) tWwoheonr manorye pcelarsssoens oofnwaonrkyotonwe hdicahy aisdifafsekreedntitaol hours. rate fixed by an award is applicable, such person shall be paid in respect of the time occupied in work on that day at the highest rate fixed by the award in respect of the different classes of work. Working in furniture factory during prohibited hours. 43. When an award has fixed the lowest price or rate which may be paid to any person for wholly or partly preparing or manufacturing any particular articles of furniture, and also the periods of time within which the ordinary working hours shall be worked, it shall not be lawful for more than one member of a partnership to personally work inside a factory of the class to which the award relates at any time beyond such periods of time~ unless such partnership has first obtained the written permission of the Registrar. Court to be guided by equity and good conscience. 44. Notwithstanding anything in this Act or in any other law or any practice to the contrary- (a) The Court or any Board, in the exercise of any jurisdiction, duty, power, or function conferred or imposed upon it, shall be governed in its procedure and in its awards and decisions by equity, good conscience, and the substantial merits of the case, without regard to techni- calities or legal forms or the practice of other Courts; and (b) The Court or any Board, in the eJfercise of any such jurisdiction, duty, power, or function~ shall not be bound by any rules or practice as to evidence, but may inform its mind on any matter in such manner as it thinks just. This section does not apply to proceedings in respect of offences against this Act. A.wards to 45. Every award shall prevail over any contract of cporenvtraaicl tosvienr service or apprenticeship in force on the coming into cases of· operation of the award, so far as there is any inconsistency conflict. between the award and the contract; and the contract shall thereafter be construed and have effect as if it had been modified, so far as necessary, in order to conform to the award:
LABOUR. ss. 46-50. 5493 vr.- - - - - - - - - - - - - - - - - - - - - - - - - PART 1912. IndustrialPeaceAct. MISCEL- LANEOUS. Provided that no such contract shall be deemed to be inconsistent with an award for the reason only that such contract provides for more favourable conditions of employment than those provided by the award. 46 The Crown may, where, in the opinion of the Intervention Minister, the public interests are or would be likely to be by the Crown. affected by the decision of the Court or the award of a Board, intervene in any proceedings before the Court or such Board, and make such representations as it thinks necessary in order to safeguard the public interests. 47. On the hearing or determination of any indus- Representa- otrria t l h ema C toteurr t o, rainpdaur t sytri b ael · mdigspaunte,m . w d huestthrm . er 1 baeSfSoorCe . Iaa , tnIOynBomaaryd taitonheoafnpnagr.ties be represented by a member or officer, and any other party. may be represented by his agent duly appointed in writing in that behalf. But no party shall be represented by counsel or solicitor or salaried officer of any industrial association or by any member of Parliament in any proceedings before the Court or before a Board. 48. (1.) Every person who, or industrial association Counselling which, is directly or indirectly concerned in the commission or procuring of any o . u ('f e ' nce agal • nst thI' S Ac, tor ' lllC ' l t es, counse1s, tak es offences. part in, or encourages the commission of any such offence, shall be deemed to have committed that offence and shall be punishable accordingly. (2.) Any attempt to commit an offence against this Attempts. Act shall be an offence against this Act punishable as if the offence had been committed. 49. Any industrial association or person guilty of General any contravention of this Act, whether by commission penalty. or omission, shall, except where some penalty or punish- ment is specifically provided, be liable to a penalty not exceeding in the case of an industrial association or company one hundred pounds, or in the case of a person ten pounds. 50. (1.) Where a penalty is imposed under this Act Recovery of ounndaenr inthdI . uSstAricatl aosrsdoecrieadtiotno, oprayananiyndususmtri,althaessno,cifaotriont h ies aIpmsesnpoaoclsiteaYdtioonn. recovery of such penalty or sum, process may be issued and executed against the property of such association, or any property in which such association has a beneficial
6494 PART VI.- MISCEL- LANEOUS. ss. 51-53.. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, interest, whether vested in trustees or howsoever other- wise held, in the same manner as if the association were an incorporated company and the absolute owner of the property or interest. (2.) For the purposes of this section the property of an association shall be deemed to include the property of any association forming part of the first-mentioned associa- tion, or in which it has a beneficial interest, whether vested in trustees or howsoever otherwise held. Proceeding~ 51. (1.) Proceedings in respect of offences against fgoerne o r f a f l ~ l n y c . es this Act shall, except where otherwise provided, be by complaint, and be heard and determined in a summary manner by a police magistrate: Provided th~ t appeals by way of quashing order or special case from the decision of a police magistrate shall lie to the Court constituted under this Act and not to the Supreme Court. (2.) The proceedings on such appeal shall, unless and until otherwise prescribed by Rules of Court, be regulated~ mutatis mutandis, by " The Just'ires Acts, 1886 to 1909"* : Provided that- (i.) The Court on upholding a conviction may increase the term of imprisonment or the penalty, as the case may be, to such term or amount not exceeding that permitted by this Act, or may reduce such term or penalty as the Court deems proper; (ii.) The Court may make such order concerning costs as it deems proper. Award as to 52. There shall be kept printed, painted, or affixed mwaingeim to umbe in legible roman characters, in some conspicuous place at posted up. or near the entrance of every factory, workroom, shop, or premises to which an award applies, in such a position as to be easily read by the employees therein, a true copy of the award as to the lowest prices or rates of payment fixed by the award. Evidence of 53. (1.) A copy of the Gazette containing an Order Orders. purporting to be made by the Governor in Council under this Act shall be conclusive evidence of the making of such Order, and such Order shall not be liable to be challenged or disputed in any Court whatever. * 50 Vie. No. 17, 56 Vie. No. 23, and 9 Edw. VII. No. 11, supra, pages 1132 et 8Mi.
1912; LABOUR. IndustrialPeaceAct. ss. 54, 55. PART VI.- l\:IISQBL- LANEOUS, (2.) An office copy of or copy of the Gazette containing Evidence of an award, order, decision, or other act of the Court, pur- award. porting to be sealed with the seal of the Court, or an office copy of an award of a Board, certified to be true under the hand of the Registrar, or a copy of the Gazette containing the same, shall be received in all Courts and tribunals and before all persons as evidence of such award, order, decision, or other act without further proof; and it shall not be necessary to prove any condition precedent entitling the Court or Board to make the decision, order, or award. (3.) A certificate of the Registrar that any specified Re~ strar' s person was at any specified time qualified or elected to be ~:~ ~cate or was the chairman or a member of any specified industrial memberosh~ p association shall (subject to review by a Judge) be con- of aSSoclatlon. clusive evidence that the facts were as stated. 54. When it is made to appear to a Judge or to Special mode the chairman of a ~ oard that personal or, other serv! ce~ ! scfu: ~ : ed. ay of any summons, notIce, or other document m connectIOn with or for the purposes of any proceeding in or intenaed to be brought in the Court or before the Board cannot promptly b~ effected in manner prescribed, the Judge or chairman may in' his discretion make any order for sub- stituted or other service or the substitution for service of notice by letter, telegram, public advertisement, or other- wise, which he deems necessary or convenient; and in such: case compliance with such order shall be sufficient sel'Vlce. 55. (1.) A Judge or a Board and (upon being Powers of authorised in writing by a Judge) any officer of the Court, entry to or any 0 ther person, or ( upon b e . mg aut hor' Ise od I ' n wrI 't m ' g C Bo o a u r r d t f o o r r bpeyrstohne, W c~ a l thil o " u lntan a ) nyanoythmeremwabrerranotf tahaB n oatrh~ IS o . Arcat,nymoatyhaetr & ~ ~ e. ~ ~ ~ ra~ ~ any time during working hours- (a) Enter any place or premises or any ship or vessel of any kind whatsoever, wherein or in respect of which any calling is carried on or any work is being or has been done or com- menced, or any matter or thing is taking or has taken place in relation to which any in- dustrial dispute exists or is threatened or impending or will probably arise, or any indus- trial matter within the jurisdiction of the Court or such Board exists, or any award has been . m,ade, or any offence against this Act is suspected;
5496 PART Vl.- MrSCEL· I,ANEOUS. ss. 56-58. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, Inspection of work and interrog~tion of persons. (b) Inspect and view any work, material, machinery, appliances, article, matter, or thing whatsoever, being in such place, premises, ship, or vessel; (0) Interrogate any person or persons who may be in or upon such place, premises, ship, or vessRI in respect of or in relation to any matter or thing hereinbefore mentioned. (2.) Every person who hinders or obstructs a Judge, or a Board or any member thereof, or any officer of the Court or other person, in the exercise of any power con- ferred by this section, or who refuses or unduly delays to a Judge, or a Board, or any officer of the Court, member of a Board, or other person authorised as aforesaid, entrance during any such time as aforesaid to anysuch place, premises, ship, or vessel, or refuses to answer any question put to him as aforesaid, or gives or makes any information or statement which is to his knowledge false, shall be liable to a penalty not exceeding fifty pounds.. False 56. When under any award the amount of wages ~ ~. ~ e: ents, payable by an employer to an employee depends wholly or employers. in part upon the age or experience or duration of previous employment of the employee, any person who, when seeking employment or while an employee, gives or makes to an employer any information or statement relating to any such matters which is false to the knowledge of such person or employee shall be liable to a penalty not exceeding twenty pounds. Inspectorsond 57. (1.) It shall be the duty of Inspectors of their duties. Factories and Shops to see that the provisions of awards and orders of the Court and of Boards are duly observed. (2.) In the discharge of such duty an Inspector may require any employer or employee to produce for examina- tion any wages books or overtime books necessary for the purposes of this Act. (3.) Any such Inspector who, except for the purposes of this Act, and in the exercise of his functions under this Act, discloses to any person any information which, in the exercise of such functions, he acquires, shall be liable to a penalty not exceeding fifty pounds. Saving of 58. Nothing contained in this .Act shall affect any aricgtihotns aonf d 0 f right of action in respect of any actionable w:r,ong which Oriminal any person would ~ ave had against another if this Act had Oode. not been passed. Nothing contained in this Act shall affect the pro- visions of "The Criminal Code."* 11< 63 Vie. No. 9, Sch. I., 8upra, page 314.
. 1912. ~ LABOUR. IndustrialPeaceAct. ss. 59-61. 5497 PART VI.- MISOEL- LANEOUS. 59. (1.) The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. (2.) The regulations may fix a penalty. not exceeding in any case ten IJounds, for any breach thereof. ' (3.) All such regulations shall be published. in the Gazette; and thereupon, subject to subsection four hereof, shall be of the same effect as if they were contained in this Act. ~ Such regulations shall be laid before both Houses of Parliament within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. (4.) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. 60. (1.) The, Governor in Council may, by another Power to Ord~ r in Council published in the' G((ztdte, amend or : : : ~ ~ ~ rderB l'escmd any Order in Council made under this Act. in Conncil. (2.) No misnomer or inaccurate description or Misnomer, ~ mission in or from ,any Order in Council made under & ~ ~ ~ : d~ ! O this Act shall in anywise prevent or abridge the operation P J . of this Act with respect to the subject-matter, provided the same is designated. so as to be understood. , (3.) No Order III Counciljmrportingto 'be made Informalities. under this Act, and being within the powers conferred on the Governor in Council, shall be deemed invalid on account of any non-compliance with any of the matters required by this Act as preliminary to the same. . 61. All moneys required for the purposes of this Expenses to Act shall be paid out of moneys provided by Parliament. ob r e mpaoindeyosut provided by Parliament.
SCHEDULE .r. LIST OF EXISTING INDUSTRIAL BOARDS. Name of Boara. Bedstead Mllki.ng Board, Brisbane Number of Members, including Chairman. 5 Locality of Jurisdiction. The Factories and Shops District of Brisbane, as deRcribed in Government Gazette dated 27th July, 1901, Vo!. LXXVI., No. 113, page 853, comprising the Munici~ ality of Brisbane, the Borough of South Brisbane, the hires of Ithaca, Toowong, Windsor, and Coorparoo, and the Divisions of Booroodabin, Taringa, Hamilton, Toombul, Kedron, Enog- gera, Indooroopilly, Sherwood, Stephens, Belmont, and Balmoral Calling for which Created. Any persons employed in the mannfac- ture of bedsteads of iron or any other metal . Date of Award in Force. - Not issued Boot Trade Board-Brisoone ... 9 The Factories and Shops District of Brisbane, aB described in Any persons employed in the Boot Trade 18 Aug., 1911 Government Gazette dated 27th July, 1901, Vo!. LXXVI., No. 113, page 853, comprising the MunicipaJity of Brisbane, the Borough of South Brisbane, the Shires of Ithaca, Toowong, \Vindsor, and Coorparoo, and the Divisions of Booroodabln, Taringa, Hamilton, Toombul, Kedron, Enoggera, Indooroopilly, Sherwood, Stephens, Belmont, and Balmoral Bread and Paetry Cooking Trade Board-Brisbane 7 The Factories and Shops District of Brisbane, as hereinbefore Any persons employed in the Bread and 29 Sept.. 1909 described Pastry Cooking Trade Bread and Pastry Cookln~ Trade 11 Commencing at Point Danger, and bounded thence by the Board for the South- astern southern boundary of the State westerly to 151 degrees""f D,ivision east longitude; thence by that degree of longitude bearing tme north to 24 de~ rees 30 minutes of south latitude; thence by that parallel of atitude bearing true east to the sea-coast; and thence by the sea-coast southerly to the point of com- mencement ;-exclusive of the area comprised within the Factories and Shops District of Brisbane, as hereinbefore described c Bread and Pastr Cooking Trade Board for the entral Division 7 Commencing at the sea-coast at 24 degrees 30 minutes of south latitude; thence by that parallel of latitude bearing true west to 151 degrees of east longitude; thence by that degree of longitude bearing true south to 25 degrees of south latitude; thence by that parallel of latitude bearing true west to 144 degree~ of east longitude; thence by that degree of longitude bearing true north to 21 degrees of south latitude; thence by that parallel of latitude bearing true east to the sea-coast; and thence by the sea·coast southerly to th(l point of gommengement Ditto Ditto 20 Jan., 1910 16 April, 1912 ~ ~ ... ' : " :;- ;:.. I-t1 Cb ' " C " " b ~ ' '" " ~ Q I.'j ~ ~ ~ ~ r-o ~ eo e t. o ! 00 e n n ?" :- t-t t > o - 0 q ~
BIErneawdsutiensrgtnr, yDMBiavolitasiinrodgn, faonr dthDeisStiolulitnhg- 11 Osetoroamuusetmthnleeoonrnrnctgihbnigottuuodan2etd4; aPdrtohyegeinnoretcfeeDsthba3en0ygmSethtiran, atuteatednwsedegosrbfteoeseruolonuyfdtheltoodlna1gtt5ihi1tteuundddceeeeg;brbteehyeaesrntihncogeef AMnyalptienrgs,onasnderDr,pislotiylleidnginIntdhuestBryrewing, 17 Oct., 1910 . , ~ ~ . . . . . . . . by that parallel of latitude bearing true east to the sea- coast; and thence by the sea-coast southerly to the point of commencement Brick Making and Pottery In- dustry Board for the South- Eastern Division 7 Ditto Any persons employed in the Brick I 5 May, 1911 Making and Pottery Industry Brioklaying Trade Board for the South-Easern Division 11 Ditto Any persons employed in the Bricklaying 129 Oct., 1909 Trade Builders' Labourers' Board-Bris- bane Candle Making Industry Board ... Carpentry and Joinery Board- Brisbane Carpentry and Joinery Trade Board for the South-Eastern Division 7 The Factories and Shops Diatrict of Brisbane, as hereinbefore A.ny persons employed as Builders' 131 Mar., 1911 described Labourers (save and except those who are employed as Plumbers' Labourers and Carters in connection with the Building Trades) : ~ ;:,.. I 5 7 TTdhheeesFScratiacbtteeodroifesQaunedenSBhlaonpds District of Brisbane, as hereinbefore AAMannnyyadkp . pi J eneorgrsisnooIennnrsysdeuTmesrmptarlpdyoleyoeydedininthethOe arOpaenndtrlye 82JMunaer, ., 11991110 ' ~ ' " ' ~ 1 " " " " . : '" l q 0 t b ~ - :: I j 5 Commencing at Point Danger, and bounded thence by the southern boundary of the State westerly to 151 degrees of Ditto 31 Mar., 1910 '" ~ <:> ; '" :.. ?o east longitude; thence by that degree of longitude bearing true north to24 degrees 30 minutes of south latitude ;thence <:> :"'- by that parallel of latitude bearing true east to the sea- coast; and thence by the sea-coast southerly to the point of commencement ;-exclusive of the area comprised within the Factories and Shops District of Brisbane, as herein- before described Carpentry and Joinery Trade Board for the Central Division 7 Commencing at the sea-coast at 24 degree!! 30 minutes of south Any persons or classes of persons em- I Not issued latitude; thence by that parallel of latitude bearing true ployed in the Carpentry and Joinery west to 151 degrees of east longitude; thence by that degree Trade of longitude bearing true south to 25 degrees of south lati- tude; thence by that parallel of latitude beariug true west to 144 degrees of east longitude; thence by that degree of longitude bearing true north to 22 degrees of south latitude; thence by that parallel of latitude hearing true east to the sea-coast; and thence by the sell-coast southerly to the point of commencement Cl.) ?- . < . : . .T .. I ~ ~
80H~DtrIJ:El t.-continued. LIST OF EXISTING INDUSTRIAL BOARDS-continued. <!It <:,-, 8 Name 01 Board. Xnmber of Members, inclnding ChairmIW. Locality of Jurisdiction. Calling for which Created. Date 01 Aw.rd in Force. Carpentry and Joinery Trade Board for the Mackay Di vision 5 Oommencing at the sea· coast at 22 degree. of south latitude; Any persons or classes of persons em· i Not issued thence by that parallel of latitude bearing true west to 144 ployed in the Oarpentry and Joinery degrees of east longitude; thence by that degree of longitude Trade bearing true north to 21 degrees of south latitude; thence by that parallel of latitude bearing true east to the sea,collst ; and thence by the sea-coast southerly to the point of commencement . : W - :r Carti&:: '1'rade Board-Brisbane... 11 The Factories and Shops District of Brisbane, as hereinbefore Any persons employed in the qarting /21 Aug., 1911 described Trade, and persons employed m the business of running Omnlbuses and other public vehicles, whether drawn by horses or driven by power, plying bet ween fixed points or aloni fixed routes within the limits of the Factories and Ahops District of Brisbane, as here- ~ .. ~ : ~ ., ; . . - .. t t ~ : - l: i l Carting Trade Board for the Southel'1l Divilion '" ?O 11 Commencing Ilt Point Danger, and bounded thence by the Ainnybefpoerresodnesscerimbepdloyed in the Oarting / 22 Mar., 1912 I ' < " - =l tj q 0 s,)uthern boundary of the State westerly to 145 de!(rees of east longitude; thence by that degree of longitude bearing true north to 25 degrees of south latitude; thence by that parallel of latitude be.ring true east to 151 degrees of east Trade '" ~ :"- longitude; thence by tbat degree of longitude bearing trne north to 24 degrees 30 minutes of south latitude; thence by that parallel of latitude bearing true east to t.he sea-coast; and thence by the sea·coast southerly to the point of com- mencement ;-exclusive of the are.. comprised within the Factories and Shops District of Brisbane, as hereinbefore described <!.;:) Carting Trade Board for the Central Division 5 Oommencing at the sea-coast at 24 degrees 30 minutes of south Any persons or classes of persons em- I Not issued latitude; thence by that parallel of latitude bearing true ployed as Carters (exclusive of Oarters west to 151 degrees of east longitude; thence by that degree employed in the Agricultural Industry) of longitude bearing true south to 25 degree~ of south latitude; thence by that parallel of latitude bearing true west to 144 degrees of east longitude; thence by that degr e oflongtitude bearing true north to 22 degrees of south latitude; thenou by that parallel of latitude bearing true Bast to the sea- coast; and thence by the sea-coast southerly to the point of commencement c;:l r..1 :' :1 ~ :' i-' . : ~
Carting Trade Board, Townsville Chemists' A~8ist~ nts Board-The Brisbane I 11 The Fac~ ories and Shops District of Townsville, compl'ising Any persons employed in the carting I Not issued an area within a radius of thirteen miles from the Post trade Office, Townsville I-' ~ 0-' t-:) 5 The Factories and Shops District of Brisbane, as hereinbefore Any persons or classes of persons em- 12 June, 1912 described ployed as Chemillts' Assistant., embrac- ing all assistants engaged in connection with the retail shops of pharmacists, chemists, druggists, and dispensing ot drugs and medicines Coach Builders' and Wheelwrights' 11 Commencing at Point Danger, and bonnded ther.ce by the Any persons employed in the Coach 127 July, 1911 Trade B(,ard for the South- suuthern boundary of the State westerly to 151 degrees of Builders' and Wheelwrights' Trade Eastern Division €l8t longitude; thence by that degree of longitude beari"g tllle north to 24 degrees 30 minute. of south latitude; thence by that parallel of latitude bearing true east to the sea-coast; and thence by the sea-coa<lt southerly to the point of commencement Coal Gas Lamp Lighting, Clean- I 5 The Factories and Shops District of Brisbane, as hereinbefore Any persons employed in the Coal Gas 116 Jan., 1911 ~ . "'" ' ' ' " " " ing, and Repairing Inpustry Board-Brisbane described Lamp Lighting, Cleaning, and Re- pairing Industry :::: Cotahle MSoinuitnhg- EIansdteursntrDyivBiosiaornd fot 11 Csetoroamuusemtthlfneolorlncnrgitnhibtgoutoudanet2d; 4PatdrohyeiegnnortcfeeeDtshba3eyn0g8mtehtriaa,nttueatdnewedsgeorsbeftoeesurolonyufdthetloodlna1gtth5iit1teuundddceeeeg; brbteehyaeersntihncogeef AnMyinipnegrsIonndsusetrmyployed in the Coal 1 30 Aug., 1911 . ~ ~ ~ .. - .. q 0 e t ~ : ' ; by that parallel of latitude hearing true east to the sea- coast; and thence by the sea-coast southerly to the !Joint of <> ~ commencement b:.. Coal Mining Industry Board for the State, exclusive of the South- Eastern Diviaion 5 Oommencing at Point Danger, and bounded thence by the southern boundal'Y of the State westerly to 151 degrees of eDst longitude; thence by that uegrfe of longitude bearing true nort h to 24 degrees 30 minutes of south latitude: thence Ditto "" 27 May, 1912 "" by that parallel of latitude bearing trne east to the sea-coast; and thence by the sea-coast southerly to the point of commencement Coal Working and Lightering In- dustry Board-Brisbane Cooks for the South-Eastern Di- vision-Board for I 5 TI e Factories and Shops District of Brisbane, as hereinbefore Any persom employed in the Coal Work-112 Dec., 1911 described ing and Lightering Industry 7 C s o o m u m th e ~ n r c n inbgouantdaProyinotf. Dthaeng8etra, 'eanwdesbtoeurlnydetdo t1r5. 1endceegrbeyesthoef ARneysptaaursroann" tse, mOpylosyteerd aS.salCoooonkss, iRnePfnrebslhic- 128 July, 1910 east longi'ude; t.hence by that degree of longitude bearing ment Rooms,Eating-homes, and Hotels true noroh to 24 degrees 30 minutes of south latitudp; thence by that parallel of latitude bearing true east to the sea-coast; and thence by the sea-coast routherly to the point of com- mencement n : e : n r c.r. o 01 I-'
SCHEDtrLE l.-continued. LIST OF EXISTING INDUSTRIAL· BOARDS-continued. ~ <:It ~ Numberor' Name of Board. Members, including Locality of Jurisdiction. Oalling· for which Created. Date of A.ward in Force. Chairman. ~ Coopers' Trade Board for the j 5 Commencing at Point Danger, and bounded thence by the Any persons employed in the Coopers' 1 Nov., 1910 South·Eastern Di vision southern boundary of the State westerly to 151 degreea of Trade F ~ east lungitude; thence by that degree ot longitude bearing true north to 24 degrees 30 minutes of south latitude; thence by that parallel 01 latitude bearing true east to the sea-coast; and thence by the sea-coast southerly to the point of com- mencement Dock Labourers' Industry Board for the South-East Coast I 5 Commencing at Point Danger; thence by the aea-coast Any per.ons employed in the Dock I 8 Nov., 1911 northerly to 23 degrees of south latitude, and including all Labourer.' Indubtry E)pctrical Engineering Industry Board Engine DriverA, Firemen, Greasers, and Assistant Firemen's Indus- ports and port towns within those boundaries 7 The State of Queensland : .. - >- ~ ... , Any persons employed in the Electricalll0 Feb., 1911 Engmeering Industry (compruing all mechanical engineers, electricians, and labourers engaged in electrical engineer- ~ t"I i .. i . j . ' . Cd 7 Csoomumthenlactinitgudaet; tthheensoeea- bcyoatsht aat tp2a4raldleelgroef(sla3ti0tumdeinbueteasrinogf. ADinnyrgivwpereosrr,skoF)nisrememenp,loGyreedasienrs,tahned EAnSgSiInste- I 7 July, 1911 i < ~ ~ l b 0 c p : : t i try Board for the Central Division true wesll to 151 degrees of east longitude; thence by that ant }'iremen'sIndustry (save and except degree of longitude bearing true south to 25 degrees of south tho.e who are employed in the process latitude; thence by that parallel of latitude bearing true of sugar manuraoture) ~ " :"" west to 144 degrees of east longitude; thence by that degree of longitude bearing true north to 21 degrees of south latitude; thence by that parallel of latitude bearing true east to the sea-coast; and thence by the sea·coast southerly to the point of commencement Engine Drivers' Board, Mining 11 Commencing at Point Danller, and bounded thence by the Any persons employed as engine-drivers, I Not issued Industry for the South-Eastern southern boundary of th", State westerly to 151 degrees of firemen, grea.ers, trimmers, cleaners, Division east longitude; thence by that degree of longitude bearing assistants Or attendants on enlfines or true north to 24 degrees 30 minutes of south latitude; thence boilers in or in connection WIth the by that parallel of latitude hearing true east to the sea- mining industry co Q :-! ~ coast; and thence by the sea-coast southerly to the point of commencement ~ Furniture Trade Board-Brisbane 9 TdheesFcraicbteodries and Shops District of Bri.bane, as hereinbefore AMMpnlyoaayckpheedeirnrssiiosontfnssM, thBoaeartmtrFceblua8orp8onsleaistsnaudnoredfCa' Bpin' eererdasWddoienon;srgkaeelrmsso,-j21 Nov., 1910 ~ ~ ~ ......
• ot ,... FuSronuittuhr-eEaMstaekrnerDs' iv: BIsoiaornd for the 11 CsoomumtheenrncinbgouantdParoyinotf:DthaengSetra, taenwd ebsoteurnlydetdo t1h5e1ndceegrbeyesthoef Apnlyoyepderisno, tnhse oMracnluafsasecsture opfeFrusornnistuerme-, 9 June, i910 ~ ~ east longitude; thence by that degree of longitude bearing IIlcluding Machinists, Bamboo and true north to 24 degree. 30 minutes of south latitude; thence Cane Workers, Makers of Mattresses !" by that parallel of latitude bearing true east to the sea- and Bedding, either inside or outside coast; and thence by the sea-coast southerly to the point of a factory, or in or in connection with a commencement ;-exclusive of. the area comprised within shop in wholly or partly preparing or the Factories and Shops District of Brisbane, as hereinbefore manufacturing any particular articles described of furniture Gas Stoking Industry Board- Brisbane Gas Working Industry Board for the South-Eastern Division Hairdressing Industry Board- Brisbane Hotel, Club, and Restaurant Employees' Board -Brisbane 5 The Factorie. and Shops Di.trict of Brisl-ane, as hereinbefore Any persons employed in the Gas Stoking 117 April, 1912 described Industry; also yard labourers, mam and service layers, working in connec- tion with the gas producing industry 111 7 Commencing at Point Danger and bounded thence by the Any persons employed as Gas Workers Feb.,-1910 southern boundary of the State westerly to 151 degrees of east longitude; thence by that degree of longitude true norlh to 24 degrees 30 minutes of south latitude; thence by that p 'rallel of latitude bearing true east to the sea-coast; and ~ . . . ., .. I thence by the sea-coast southerly to the point of commence- ment ;-exclusive of the area comprised within the Factories and Shops District of Brisbane, as hereinbefore described G ~ o t"I ~ . ~ 5 TdheesFcraicbteodries and Shops District of Brisbane, as hereinbefore Ainnyg pInerdsuosntsryemployed in the Hairdress-/18 Sap., 11111 l . o .. t .. ; q C I:P l '" po I;> 7 The Factories and Shops Dislrid of Brisbane, as herein before Any persons employed as Hotel, Club, 129 April, 1912 ~ described and Restaurant Employees (exclusive of such employees as are provided for ::... C'> in the Determination of the Board for Cooks for the South-Eastern Division) '" Hou~ e Painting and Decorating Trade Board-Brisbane 7 Ditto Any persons employed in the House /14 July, 1910 Painting and Decorating Trade 11 House Painting and Decorating Commencing at Point Danger, and bounded thence by the Trade Board for the South- sou t hern boundary of the State westerly to 151 degrees of Ditto 6 July, 1911 Eastern Division east longitude; thence by that degree of longitude bearing true north to 24 dpgrees 30 minutes of south latitude; thence by that parallel of latitude bearing tt'Ue ea.t to the sea coast; and thence by the sea-coast southerly to the point of com- meccement ;-exclusive of the area comprised within the Factories and Shops Di.trict of Brisbane, as hereinbefore described Iron, Brass, and Steel Moulcling Trades Board-Brisbane I I 5 The Factories and Shoos District of Brisbane, as hereinhefore Any peroans employed in the Iron, 1 Nov., 1910 described - Brass, and Steel Moulding Trades r : e r :- Cl Cl 55
Name of Board. Number of Members, including Chairman. SCHEDULE I.-continued. LIST OF EXISTING INDUSTRIAL BOARDS-continued. Locality of Jurisdiction. Calling for which Created. , t Date of Award in Force. Iron, Bra~ s, and Steel Moulding Trades Board for the South- Eastern Division Ironworkers' Assistants' Board- Brisbane 5 Commencing at Point Danger, and bounded thence by the Any persons employed In thA Iron, I 1 Nov., 1910 8011thern boundary (f the ~ tate westerly to 151 degrees of Bra's, and Stee' Moulding Trades east longitude; thence by that degree of longItude bearir.g true north to 24 degrees 30 minute~ of south latitude; thence by that parallel of latitude bearing true east to the .<la-coast; thence by the oea-ooast southerly to the point of commencement ;-exclusive of the area comprised within the Fact<>ries and Shop~ District of Brisbane, as hereinbefore described. I 7 The Factories and Shops Distriot of Brisbane, a·s hereinbef"re Any persons employed as Ironworkers' 121 Sept., 1909 desoribed . Assistants Ironworkers' Assistants' Board for 11 Commencing at Point Danger, and bounded thence by the. the South-Eastern Division southern boundary of the State westerly to 151 degrees of east longitnde; thence by that degree of longitude bearing true north to 24 degrfe, :'10 minutes of south latitnde; thence by that parallel uf latitude bearing true east to tbe sea-coast; thenoe by the sea-coast southerly to the point of commence- ment ;-excIusive of the area comprised within the Factories and Shops District of Brisbane, aB hereinbefore described Ditto I 3 Mar., 1910 Masters and Engineers of RiTeI' and Bay Steam Boats and Barges-Brisbane Board for 5 The Factories and Shops District of Brisbane as herdnbefore Any persons employed as Masters and' 110 Sept., 1909 described Engineersof River a.nd Bay Steam Boats and Barges; also, the Industry of Winchmen and Lightermen, excluding thOie engaged in connection with the coallightering industry MSll,t Industry Board-Brisbane 7 Ditto Any persons employed in the Meat 5 May, 1911 Industry Meat Industry Board for the 11 Commencing at Point Danger, and bounded thence by the Any persons employed in the Meat 20 Aug., 1909 South-Eastern Division southern boundary of the State westerly to 151 degrees of Industry east longitude; thence by that degree of longitude bearing true north to 24 degrees 30 minutes of south latitude; thence by that parallel of latitude bearing true east to ~he sea- coast; and thence by t he sea-coast to the point of commence· ment ;-exclusive of the area comprised within the Factories and Shops District of Brisbane, as hereillbefore described ~ g if. C'I) ; n :r :- I-..t . ;;l .. ~ ~ . ~ . . .. . . .. : , ~ tt" oI ~i 0 q " ' ' " I " " ;l...: ~ ' ~ . " .. ~ Q t'l' !=l ~ z o ..- ~
Meat Industry Board for the Central Divi,ion 1;1 Meat Industry Board for the Northern Division Men's,and Boys' Clothing Board- Brisbane Men's &nd Boys' Clothing Trade Board for the South-Eastern Divisbn Motor Drivers' 'Board-Brisbane Orchestral Musicians' Board- Brisbane Plastering Trade Board for the South·Nastern Division 9 Commencing on the sea·coa,t at 24 degrees 30 minute. of south Any persons employed in the Meat 111 Mar., 19121 ~ latitude; thence by that parallel of latitude bearillg true Industry west tq 151 degrees of east longitude; thence by that degree of longitude bearing true south to 25 degrees of south lati- tllde; tbe"ce by that parallel of latiturle bearing true west to 1H degree. of east lon;;itude; thence by that degree of lungitude bearing true north' to 21 degrees of south latitudB ; thtnce by that parallel of latitude bearing true east to the Sf a-coaHt'; and thence by the sea-coast southerly to the point of commencement ' 9 Commencing at the sea-coast at 2i degrees of south latitud!', and bounded thence by t h.lt parallel of latitude westerly to the western boundary of the State; thence by the western boundary of be Stale bearing true north to the sea-c'a.t; thence by the sea-coast tu the point of Commencemelt Ditto 30 June, 1910 I 9 The lfactories and Shop, District of Brisbane, as hereinbefore Any permns or classes of persons tm- 14 Sept., 1910 described ployed in the manufacture of Men's and Boys' Clothing, either inside 01' outside a factory, or in or in c lnnection with a shop, in wholly or partly preparing or I manufacturing any particular ",ticles of clothing 9 Commencing at Point Danger, and bounded thence by the Any I ersons or classes of persons' em- Not i-sued sm:;thern boundary of the State westerly to 151 degrees of ployed in the manuf.cture of Men's east longitude; the. ce by that degree of longitude bearing and Boys' Clothing, either inoide or true norlh to 24 degrees 30'ulinute.of souch latitude; thence outside a factory, or in or io connfction ;..,. ::s I " ll ' : - . . C ~ ~ . . o . . . . . . t t p - o . ! . ' < ~ ~ " 11 ? d 0 :i by that para'lel of latitude hearing true ea,t tn the sea-coast; with a shop, in wh,>lIy or partly pre- a"d ther.ce hy the sea-coast POutherly to the point of com- paring- or manufacturing any particular mencement ;-exclnsive of the area comprised within the article, of_clothing ::.. <> :-'- Factorie_ and Sh"ps Di" rict of Brisbane, as hereinbefore described . 5 The Factories aud Shops District of Brisblne, as hereinhefore I' Any ,Persons employed as ~ ri vers of Not issned descr,bed' . vehIcles propellej by mechaDlcal power i plying for hire or in the carriage of goods I ' p~rsons 5 The Fa?tories and Shops District of Brisbane,as hercinbdore Any employed' as Orchestral! 14 Nov., 1911 descrIbed' . MUSICIans 5 Commencing at Point Danger,and bounded th!'Dce by the Any persons employedinthii Plastering 123 Junt>'; 1911 southern boundary of the State westerly to 151 degrees of Trade east longitude; thence by that degree of longitude bearing true north to 24 degrees 30 minutes of south latitude; thence by that parallel of latitude bearing true east to the pea- coast; and thence by the sea-coast southerly to the point of commencement - . S ::r f 01 ~
Sflme of Board. .\umber of Members, including Uhairmfl.D. 80HEDULE I.-continued. LIS'!' OF EXISTING INDUSTRIAL BOARDS-cMtinued. Locality of Jurisdiction. Calljllg for which Created. Date of Award in Force. l' ~ umbing, Gasfitting, and Gal· vanised Iron \V,.rJdng Trade Board for the South·Eastern Division Printing Board-Brisbane Printing Tr'ade Board for the ::llUthnn Division Printing Trade ·Board for the Centml Division Printing Trade Board for the Nortt,ern Division 11 Commencing at Point Danger, and bounded thence by the Any persons employ.d in the Plumbing, 7 Aug., 1911 southern boundary of the State westerly to 151 degrees of GasfittlTlg, and Galvanised Iron Wmk· east longitude; .hence by that degree of longitude bearing ing Trade true north to 24 degrees 30 minutes of south latitude; thence by that parallel of latitude bearing true east to the sea·coast ; and thence by the Rea·coast south"r1y to the point of CJm. men cement I 9 The Factories and Shops District of Brisbane, as hpreinbefure Any person. 6>mployed in the Printing I ]0 Oct., 1911 described . Trade 11 I CsoomumtheenrcninbgouautdaP,o' yinotf DthaengSert' a, ta. nwdesbteorulyndteod 1 t 4 h 5 endc,egrbeyesthoef e 1st lungitud ; thence by that degree of longitude bearing true [wrth to 25 degree. of s01lth htitude; thence by that parallel of htitnde bearing true east to Hil "e~ ree" of east longitude; thence by that degree of longitude bearing true north to 24 d,'grees .30 Illinnte~ of ~ ollth latitude; thence by t hat parallel of latitude bearing true east to the sea·coast; aud thence by the sea·coast southerly to the poillt of commencement ;-exclusive of t he area ctHnprised within the Factories and Shops District of Brishane, as hereinbefore de.cribed Ditto 20 Jul., 1910 I~ ~ . ~ ... ~. . '" .... ~ ' = " > C> ' < ~ " > :"" 9 Commencing at the sea·coast at 24 degrefs 30 minutes o{south latitude; thence by that pHal'el of latitude beariug true west to 151 degrees of edst longitude; theuce by that degree of lon~ itude beAriog true south to 25 degrees of south lati· tude; thence by that parallel of latitude bearing true W(Jst to 144 dagre, s d east longitude; thwce by that degr. ~ e of longitude belting true w.rth to 21 aegrees of south latii.ude; thence by that parallel of latHlide le;iring true east to the sea·coas,; and thence by the .ea·coast southerly to the point of commencement . 7 Commencing at the Bea·coast at 21 degrees of south latitude, and bounded tbence by th ..t parallel of latit.ude westerly to the western boundary of the State; thence by the western boundary of the S~ ate bearing true north to tbe H'!a·coast ; thence by the sea·coast to the point of commencement . Ditto Ditto 29 Sept., 1911 12 Feb., 1912 ~ Q l o 'l ~ ~ 9 i-' v~ , g 01 Q C'I) n :r p t . " - t;d 0 c:1 ~
, .making Industry Board Saddle, Htwne>e, awl Collar ."Iaking Trade Board-Brisbane 5 The State of Queensland Amnyak; p n e g r,O In U d R usetrmyployed in the Ropeo/24 Jano, 1912 f ~ -' f-' I 9 The Factories and Shops District-of Brisbane, a8 hf'reinbefple Any pelsons employ,d in the Saddle, 24 July, 1911 ~ described Harness. and Collar ,\, ailing Trade, ai,o the Bag and Portmanteau Trade S(L'ldlll. Harness. and Collar c Mailing Trade Board for the Suuth- Ea~ tern Division 9 Commencing at Point Danger, and bounded thence by the Any lersons emll..yed in the Saddlf, /16 Sept., 1911 southern houndary of the State westerly t l 151 degrees "f Harness, and Collar Making Trade east longitude; thence by that degree of longitude tlearing (including I'or,m,nteau and leMher bag true north to 24 degree. 30 mihutes of 80uth latitude; makin!l') thence by tbat parallel of latitude bearing true east to the sea·coast; and thence by the sea·coast southerly b the point of c"mmencement ;-exclusive of the area, compriSEd within the Factories and Shops District of Brisbane, as hereinbefore described Sawmilling hdustry Board for 11 Commencing ftt Point Danger, aud bcJtlnded thence by the A fly perilons eml'loyedcin the Sawl)JiIling 13 Dec., 1910 the South·Eastern Division southern boundary of the Shte wfs'erly to 151 degre,'s of ludu.try Sawmilling Induitry Board for the Central Division ea~ t longitude; thence by that degree of longitude beariug true north to 24 degrees 30 minmes of south latitude; thence by that parallel of latitude bearing true east to the .ea· coast; tbence by the .ea·co.st southerly to the point of commencement 7 Commencing at the sea·coa.st at 24 degree~ 30 minute;: of sDuth latitude; thence by that parallel of latitude b.3ariug true Ditto Not issued ~ .. ~ ~ t" ~ ~ ... o ... ~ g west to 151 degrees of east longitude; thenco by that degree of longitude bearing true south to 25 degrees of 80mh latitude; thence by that parallel of latitude bealing true " < " O " " b ?=' ~ west to 144 degrees of east longitude; thence by that dagree of longitude bealing true north to 22 degrees of south latitude; thence by that parallel of latitude bearing true " "" " east to the Sfa·C)ast; and thence by the sea-coast "olltherly to the point of commencement Sawmilling Industry Board for the Northern DivIsion Shipwrights' Trade Board for the South·East Coast 7 Commencing at the sea·coast at 21 deg e s of south latitude, Any PHso~ s( ) rcla~ sesof perSC>DS employed 1 Not issued and bouuded thence by thftt parallel (,f latitude westedy in the t;awmilling IndUstry (inc!usive of to the western bonn lary "f the State; tbelce by the we,tern Timber·gelters, Fellers, and Haulers) boundary of the State beariog true north to the .ea-coast ; theuce by tbe sea·coast to the point of commencement 5 Commencing at Poiut Danger; thence by the sea·coast 1 Any. persons employrd in the Ship-I 1 Sept., 1911 northerly to 23 degrees of south latitude, and including all wrights'Trade parts and port towns ",ithin those boundaries W . F - Shop Assistants Board-Brisbane 11 The Factories and Shops District of Brisbane, as hereinbefore Any persons employed as Shop Assistants 2 Aug., 1909 described (exclusive of Pharma,ceutical CheIllists' .l\ssistants, Butchers' Shops Assistants, Clerical Assistants, and Carters) 01 S ~
Name'o! Board. Numbero! Members, including Chairman. SCHEDULE I.-continued. LIST OF EXISTING INDUSTRIAL BOARDS--continued. Locality of Jurisdiction, C~ ' lling lor ;"hich Cre~ted. Date 01 A ward in Force. Shore- Engine Drivers a.nd Boiler 11 Commencing at Point D;nger, and hounded thence by the Any persons employed in the Shore 13 April, 1912 Attendants' Industry Board for southern boundary of the State westerly to 151 degrees of Engine.Driver. and Boiler Attendants' the South-Eastern Divisiou east longitude; thence by that degree of longitude bearing Industry (save and except those who true north to 24 degrees 30 minutes of south latitude; thence are employed in the process of sugar by that parallel of latitude bearing true east to the sea-coast; manllfac~ ure) . and thence by the ,,'a·coa,t southerly to the point of com- menc~ ment Qt Qt o 00 Cl) . - ~ ... StotnheemSaosounths' -ETutreardne DiBvoisairodn for 11 CRomOumtheenrcninbgouantdaProyinotf DthaengSetra, taenwd ebstoeurnlydetd) t 1 h ,, e 1 ndceegrheyesthoef Amnyasopnesr'sTonrsadeemployed iu the Stone- I 'rl Oct., 1909 ~ C ~ o east longitude; thence by that degree of longitude bearing true north to 24 degree., 30 minutes of wuth latitude; thence I " ~ t . It> -' by that parallel of latitude bearing true east to thA sea-coast; , ...... I:d .'. L manednctheemnecnet by the sea-coast southerly to . the point of corn· I' 0 '" < ~ ~ > C t::d l Storemen for the Central Division -Board for 5 Commencing at the setl-cO>t,t at 24 degrees :~ o minutes of "outh Any persons (r classes of 1 erSons em- I Not issued latitude; thence by that parallel of latitude bearing t,ue ployed as StQremefl in Wh,.lesale and west to 151 degrees of east longitude; thence by that degree Retail· Warehouses and Shops (exclusive of h.ngitude bearing true south to 25 degrees of south lati- of salesmen, shop assi,tants, artisans, I tude; thence by that paraPel (,f latitude bearing true west ann carters) ! to 144 degrees of east longitude; thellce by th~ t degree of longitnde bearing true north to 22 degrees of south latitude; thence by that p"ral'el of latitude bearing' true east to tIle Hea-coast; and thence by the sea-coast southerly to the point of commeneement Storemen for the Mackay Division ~Board for 5 Commencing at the sea· coast at 22 degrees of south latitude; ,Any pprsons or cl",ses of f,Jersons em- I Not issued thence by that parallel of latitnde bearing true west to' played ItS S'.oremen in Wholesale and 144 degrees of east longitude; thence by that degree of Retail Warehouses and Shops (exclusive longitude bearing true north to 21 degrees of sonth latitude; of salesmen, shop assi,tant., arthana, thence by that parallel of latitude bearing true east to the and carter.s) sea-coase; and thence by 'the sea·coast southerly to the point of commencement ~ <> :'" ~ q) to;t ~ :<: o , z ... ~
Sugar Mauufacturing Industry Board for the Central Division 7 Commencing at the sea·coast at 24 degrees 30 minutes of Any persons employed in tbe Sugar 17 Aug., 1911 south latitude; thence by that parnllel of latitude bearing M.nufacturing Inrlustry (inclusive of true west to 151 degrees of east longitude; thence by that engine-drivers, but exclusive of such degree of longitude bearing true south to 25 deg"ees of south persons as "re employed as artisans) latitude; thence by that ,-,arallel of latitude bearing true west to 144 degrees of east longitude; thence by that degree of longitude bearing true north, to 21 degrees of south latitude; thence by that parallel of latitude bearillg true east to the sea-coast; and thence by the sea-coast southerly to the point of commencement I-' ~ I-' t.:l Tanning, Currying, and Fancy Leather Dressing Industry Board for the Suuth-Eastern Division Tinsmithing Trade Board-Bris- bane Tramways Employ~ es' Industrial Board-Brisbane Warehouse Labourer~ ' Board- Brisbane 7 Commencing at Point Danger, and bounded thence by the Any persons em ployed in the Tanning, 1 28 Sept.• 1911 .outhern boundary of the State wester! v to.151 degrees of Currying, and 'Fancy Leather Dressing east longitude; thence by that degree of longitude bearing Indn.try true north to 24 degrees 30 minutes of south latitude; thence by 1 hat parallel of latitude bearing 1 rue east to the sea- coast; and thence by the se,a-coast southerly to the point of commencement I ... ' . " .. ~ o '" 5 TdheesFcraicbteodries and Shops District of Brisbnne, as hereinbefore Ainnyg rr, rearsdoens employed in the Tinsmith-I 5 Dec., 1911 ~ ~ Ditto Ditto Any persons employed in the Brisbane 112 June, 1909 ~ ramways Industry Any persons employed M Warehouse 129 Nov_, 1911 Labourers" inclnding all employees engaged in Wholesale Warehouses, exclusive of such employees as are en- "i . ~ ,.. - .. ~ ~ <I> Cd q ~ gaged in clerical duties or as artisans, ~ engine-driven::, F-alesmen, carters, or commercial travellers : '" -'- Wool, Hide, Skin and Produce Stores Labourers' Board-Bris- bane 7 Ditto Any persons em ployed as Labourers in 1 7 Dec_, 1911 Wool, Hide, Skin and Produce Stores - . W ::r ~l o <:ll <:C
5510 8ch. 11. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, SCHEDULE H. CALLINGS TO WHICH THIS ACT ApPLIES. Woodworkers. Bamboo and Wickerwork Fur- niture Makers Boatbuilders Qane or Venetian Blind Makers Cabinet Makers Carpenters (Bridge, House, or Ship) Carvers Coach or Wagon Builders Coopers Joiners Packing Case Makers Patternmakers Picture Framers Sawyers Shipwrights Showcase Makers • Turners Wheelwrights M etal-workers. Tool-makers Type Founders Wire Ma,ttress Makers Wire Workers Stoneworkers. Excavators Miners Masons Paviors Quarrymen Setters Slaters Brick, Pottery, and Glass Workers. Bricklayers Brickmakers Glass Bevellers Glass Blowers Glaziers Potters Tile Makers Bicycle Make,rs Blacksmiths Boilermakers Brass Workers Braziers Caulkers Clock or Watch Makers Copper Smiths Cutlers Die Sinkers Electroplaters Electrical Workers Engineers (Electrical or Me- chanical) Farriers Fitters Galvanised Iron Workers Gasfitters Goldsmiths Gunsmiths Iron and Steel Workers Lampmakers Locksmiths Hollowware Workers Motor Builders Plumbers Safemakers Saw Sharpeners Sheet Metal Workers Silversmiths Sterootypers Stovemakers Tinsmiths Leather-workers. Bag or Portmanteau Makers Beltmakers Boot, Shoe, or Slipper Work- ers Carriage Trimmers Curriers or Tanners Fellmongers Saddlers or Harness Workers Upholsterers Whipmakers Cloth and Textile Workers. Bagmakers Bleachers or Dyers Carpet, Linoleum, or Oilcloth Layers Corset Makers Cutters Dressmakers Flower Makers Hatters Mattress Makers Milliners Ropemakers Sailmake,rs Shirt or Collar Makers Spinners Tailors Weavers Decorative Workers. Decorators French Polishers and Stainers
1912. LABOUR. IndustrialPeaceAct. Sch. 11. SCHEDULE n.-continued. Marblers and Grainers Painters Paper Hangers Plasterers Signwriters Tilers Food and Drink Workers. Aerated or Mineral Water Makers Bacon Curers Bakers ilutchers or Slaughtermen Brewers Condiment Makers Confectioners or Pastrycookll Cooks Cordial Makers Distillers Extract Makers Flour Millers Fruit Canners or Preserver~ Ice Makers Maltsters Meal Millers Meat Canners or Preservers Pi<lkle Makers Poulterers Sausage Makers Sugar Millers 'rea Blenders Winemakers Transport Service Workers. Boatmen 'Bus Drivers Cab Drivers Carriers Carters Coach Drivers Ferrymen Lightermen Livery Stable Employees Locomotive E 19ine Drive'rs and Firern 'n Motor Garage ~ mployees Packers Porters Seamen Stevedores Tramway Employees Wharf Laboure s 'Vinchmen General. Barbers and W gma,kers Bookbinders Book Finishers Marblers, or Sewers Bookkeepers Boxmakers (Cardboard) Canvassers Clerks Compositors Draftsnen Engine Drivers Firemen Fishermen Lithographers or Litho- graphic P inters Laundrv Work rs Lime- b~ rners Musicians Optical Lens Makers I Paper Makers Printers Soap and Candle Makers SSttoekneorg) ; raphers Sugar Field Wo brs 'rin I ber-getters Tobacco Worke s Toymakers Watchmen Well-borers All salesmen, machinist8, and other assistants and labourers employed in any of the callings to' which this Act applies. All salesmen and assistants employed in any WhOllsale or retail shop or warehouse where goods produced in any of the sa d callings are stored or sold. And all employees, employed in- (a) Hotels, billiard or bagatelle rooms, clubs, l' staurants, or catering establishments, (b) Gas works, electric light works, or waterworks,- (c) Freezing, cooling, or chilling works, 5511
5512 $ehs. 11., Ill. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, (d) Ships, boats, dredges, docb, or slips, (e) Undertaking establishments, (f) Theatres, picture shows, or other places of public amusement, and not hereinbefore mentioned: Provided that nothing in this Schedule applies to any employees in farming, dairying, horticultural, or viticultural pursuits. Powers of Court. SCHEDULE In. POWERS ANIl PROCEDURE OF 'l'HE COURT. 1. Subject to this Act, the Court may, as regards every industrial matter and every industrial dispute over which it has jurisdiction- (a) At or before the hearing, takp "teps to a~ cerlain whether all persons who ought, in its opinion, to be bound by its decision ha\'e had notice of or have been summoned to attend the proceedings; (b) Direct that perRons or industrial associations shall be parties to the proceedings, and by whom such puties shall be represented; direct that persons !lot wmmoned to attend the proceedings shall be so summoned, if the Court is of opinion, whether from t he suggestion of paT' tie~ or otherwiSE" that snch per~ 01l8 should be so summoned; direct parties to be joined or struck out; (c) Hear and determine the dispute or matter in such manner in all respects as the Court, in its discretion,· thinks hest suited for that purpose; (d) Allow any amendment of the proceedillgs on such terms as it thinks fit; correct, amend, or waive any error, defect, or irregularitJ, whethfl' in I-ubstance or in form j (el Make any decision, and, without being restricted to the specific relief claimed by the rartie.., include in any decision any matter or thing which the Court thinlis necessary or expedient for preventing or settling the dispute or dealing with the matter; (f) Give any direction in pursuance of the decision j (q) Dismiss any dispute or matter, or refrain from further hearing or from determining the dispute or matter, if it appears that the dispute or matter is trivial, or that, in the public interest, further proceedings by the Court are not necessary or desirable; (h) Order any party to the proceedings to pay to any other party sllch eXpenS\:lfl, including cxppnses of witne~ses, as are specified in the order; . ( i) Proceed tn hear and determine the dispute or matter in the absence or any party thereto or other person who has been summoned or served with notice to appear therein; (J) Sit in any place for the hearing and determination of the dispute or matter; ac1journ its sittings to any time and. place j (k) Refer flnv technical matters or matters of account to an expert, and accept his report as evidence: For obtaining any special or expert information based on facts ur figures which the Court may desire, the Court may call in the services of an expert or experts approved by
1912. LABOUR. IndustrialPeaceAct. Sch. Ill. 5513 it, and authorise such expprt or experts to prepare schedules compiled from returns obtained from employers or employees or both of them (which returns they shall be compelled to furnish under penalty of contempt of Court). Such expert or experts shall not divulge the name or private business of !lny individual employer j but, without limiting the scope of the inquiry, such schedules may show details of the minimum or maximum and average C08t8 of production, ~ ale, or distri- bution in the calling concerned, the avera!.{e net return on capital invested thereln, estimate:; of allowallces fur deprecia~ tion or reserves to equalise profits, awl 01 her like general information j and as far as practieable Huch schedules shall not be connned to one year' ~ operations; (l) Extend any prl'scribed time j (m) Waive compliance with any Rule or CO[1I"t j (n) Review, annul, rescind, 0'· vary a1iV act or deci~ ion of the Registrar in any manner which it thinks fit; and (0) Generally to give all such directiollH and do all ,uch thillgs as it deems neceRsary or expedient in the pl·, mi~eR. 2. In any industrial matter or industrial di,pute OVE'l· which the Powers of Court has jurisdiction, a Judge may make any ordet which he thinks just ~ udge as to as to- .. mterlocutory (a) Any interlocutory proceedings to be taken before the hearing, matters. the costs thereof, the issucs to be submitted to the Court, the pE'rsol1s, or industrial a~ sociations to be ~erved with notice of proceedjng~ , particulars of the claims of the parties, admis- sions, discovery, illterrogatorie~ , in~pection of documents or of real or personal property, examination of witnesses, and the place, timf', and mode of hearing; and Cb) Any matter which, by Rule of Court, a Judge is empowered to hear or dtal with when sitting in Ohambers. 3. With re~ pect to evidence in proceedings before the Oourt, the Evidence. following provi,icns sball apply:- (a) On the application of any of the parties, and on payment of the prescribed fee, or, by direction of aJudge, without any such application or fee, the ]{egistrar shall issue a summons to any party or parties, or other pelson or persons, to appear and give evidence before the Cour1, and any number of witnesses' nalues may be inserted in one summolls ; Cb) The summons shall be in the prescribed form, and may require any person therein named to produce before the Oourt any books, papers, and other documents in his possession or under his control in any way relating to the dispute or matter; (c) All boob, paper", and other documents produced before the Oourt, whether produced voluntarily or pursuant to !<ummons, may be illspectE'd bythf' Court, and also by fluch of the parties as the Court allows; but the information obtained therefrom shall not be made public without the I ermi~sion of the Court: Provided that book~ , papers, and docurne'nts relating to any trade secret or the proti ts or financial position of any witness or party ~ hall not, without his conspnt, be inspected by any person escept, the Judge; and that any parts of the booh, papers, and doc'lllwnts which in the opinion of the .Tudge do not relate to any matter in issue may be sealed up;
5514 Sch. Ill. LABOUR. IndustrialPeaceAct, 3 GEO, V. No. 19, Cd) Every person who i~ 8Ulumunfd and July attends as a witness shall be enlitled to the preRcribcd nllow:mce for his attendance and expenses: Provided that, until otherwise prescrIbed or px~ ept as otherwise prescribed, the allowance shall be according to the scale for the time being in force with respect to witnE'sses in civil actions in the Supreme Court; Ce) The Cuurt may aecept, admit, and call for such evidence as in equity and good conscience it thinks fit, whether strictly legal evidence or not; (f) Any party to the proceedings shall be competent and may be compelled to give evidence as a witness; (9) The Court may, if it thinks fit, dispense with evidence on any matter on wbich all parties have agreed in writing. or on any matter as to which the Court deems evidence to be unnecessary; (h) The Court may take evidence on oath, or affirmation, or declaration. Contempt by 4. If any person who has been duly served with a summons to witness. appear and give evidence before the Court, and to whom payment or tender bas been made of any travelling expenses to which be is entitled, fails to duly appear, or if any such person or any person who has appeared or appears as a witness- Ca) Refuses to be sworn or make affirmation or declaration as a witness; or Cb) Refuses to answer any question which he is required by the Court to answer; or Cc) Refuses to produce any book, pap~ r, or document which he is required by the Court to pn,duce; he shall be liable to be ordered by tbe Court to pay a fine not exceeding fifty pounds, unless he show~ , to the ~ ati! < faction of the Court, that there was good and sufficient cause for such failure or disobedience. Contempt of 5. If any person wilfully insults tbe Judge or registrar pr any other Court. officer of the Court during bis ~ itting or attendance in Court, or in going to or returning from the Court, or wilfully interrupts the pro- ceedings of the Court, or otherwi~ e misbehaves himself in Court, the .T udge may order that the offender be taken into custody and detained tilltbe rising of the Court; and the Judge may, by It warrant under bis hand and sealed with the ~ eal of the Court, commit the offender to the prison nearest to the Cpurt for any time not exceeding fourteen days, or may impose on the offender a fine not exceeding ten pounds, and in default of payment may commit the offender to prison for any time not exceeding fourteen da) s unless the fine is sooner paid. Powers may be exercised by Court on its own motion. S. The Court may exercise any of its powel's on its own motion or on the ap'plication of :my party to thf1 proceedings, or of any industrial association connected with the calliug in question, or of any person bound by the award of the Court. ~ ower to 7. The Cuurt may lsme an order to any person to take evidence on 1 t 8 a 8 k u e e e o V r? l aeel" nscteo, iwts h I ' Cb h eh I ' a t l h f aisnJ . urreI ' Sl d at " licotn1Otno; aanny d i - n t h dautR p tr e i r a ~ l o m n as b ttae 1 r 1 h oarviendau 11 sttre h ialpodwisepruste 0 f litvheer Court in relation to t be summoning of witnesses, the production of' books and documents, and the taking of evidence on oath or affirmation or declaration.
LABOUR. Sch. Ill. 5515 1912. IndustrialPeaceAct. 8. The Judge may direct the Regi~ trar to i~ quire into any matter Registrar's as to which he 1'C'quirPR informlltioll for t he purpo~ e of the exerci~ e of the po,,:era anli jurisdlction of the Court in any matter !lot being proceedings for a dutIes. penalty under this Act, and the Registrar shall inquire accordingly and report to the Court. For the purpose of such inquiry and for the purpose of any matter which by this Act is referred to him, the Regi~ trar may summon any pE'rsom, administer oaths and take affidavits, and examine parties and witnesses. Every perf'on summoned by the Registrar I'ha11 be bound to attend upon such summons, and shall for d:Robedience thereto be liable to a peJl::llty not exceeding fifty pounds. 9. (1.) In any proceeding before the Court it may reserve its Reserved decision. decision may (2.) 'Where a decision has been so reserved, the same may be given ~ e; f~ ~ at; at any continuation or adjournment of the Court, or at any subsequent . holding thereof, or the Judge may draw np such decision in writing, and, having signed the same, forward it to the Hegistrar; whereupon the Registrar Rhall notify the parties of his intention to read the same at some specified time and place, and he shall read the same Ilccordingly, and thereup0n Ruch decision shaH be of the same force and effect as if it had been pronounced by the ;rudge. 10. When the Judge is unable to attend at the time appointed for Adjourn- the hearing of any industrial dispute or induRtrial matter or for any ments of proceeding, the Registrar may adjourn the Court, and also adjourn any Court. busine~ B set down for the day to such day and time as he deems convenIent. 11. When any penalty is imposed in any proceeding~ in the Cuurt, Recovery of or any sum is by the Court ordered to be paid, and no other provision is penalties and made in this Act for the recovery thereof, a certificate in the prescribed other sums form, under the hand of the Registrar and the 8eal of the Court, specify- ~ o~ : : d by the ing the amount payable and the respec1 ive partieEl or pr-rsonR by and to . whom the !lame is payable, may be filed in any Court having civil jurisdic- tion to the extent of such amount, and shall thereupoll, according to its ten our, be enforceable in all respects as if it were a judgment of such Court. 12. Where an employer through depression in any calling has Permit for reduced the number of his employees ~ o as to Ilffed 1 he prescribed pro- existing. . mpoqrm ' tioryn,atemalHyU, lJ I ' b f e ' rItoft hI I ' l I p I I p IS refnitti,cepseremmI.ptloh"rlem.[ tboy choimnt,m, tuhee Cemouprlto, y' allfltgersufuclhlWaopfl} eeprmreepnntlulocmyeeS b es er apprentices for the full term of their indentures. reduced. . 13. Notwithstanding anything to the contrary contained in this Power to bind Act, a person may, with the sanction in writing of the Court, be bound certain, as an apprentice to any calling for les8 than three years if, owing tu his aj,Ppr1entlChes prevI . Ou8 experI . ence or 1 engt h 0 f emp I oyment H ' I h suc ca 11 I ' Ilg, I , t . IS no t thorree e8 y 3 e t arsan possible to bind such person us an apprentice for three year~ , • A perwll bound pursuant to 1 hi8 section with the sanc1ion of the Court shall not be deemcd to be an impro\'er. 14. The Registrar or, on nppeal from him, the Court may grant to Li.,cense to any person over twenty-one year" of age, who has given satisfactory,Proof improvers that 8Uch person has not had the full experience prescribed for improvers over twenty- by any award, a license to work as an improver for the period named in one years old. such license at such wage as the Hegi8trar or Court thin ks fit, being not less than the wage fixed by such award for an improver of the like experience.
.5516 Sch. Ill. LABOUR. IndustrialPeaceAct. 3 GEO. V. No. 19, 1912. .Aged, slow, or in6rm workers. 15. (1.) If it is proved to th~ satisfaction of the Registrar or, on appeal from him, of the Court that any person by reason of age, slow- .ness, or infirmity is unable to obtain employment at the minimum wage fixed by any award, the Registrar or Court may grant to such aged or infirm or slow worker a license for a period not exceeding twelve months to work at a less wage (to be named in such licf."nse) than the said minimum wage, and such license may be renewed from time to time. (2.) The number of persons ~ o licensed shall not, without the con- sent of the Board concerned or of the Court, exceed the proportion of one-fifth of the whole number of penOM employed by the same employer at the minimuIll wage fixPd for adults or at piece-work rates: Provided that one person so licensed may be employed by anyone employer. Any employer who, without consent, employs any greater number than the fixed proportion shall be liable to a penalty not exceeding twenty pounds. (3.) Any person who, either directly or indirectly or by ·any pre- tence or device, pays or offers to pay, or permit~ any person to offer Qr pay, any such aged or infirm 0)' slow worker at a lower ·rate than that fixed in such license shall be liable to a penalty not exceeding twenty pounds. Rules of Court. 16. (1.) The Court may make mles- (a) Regulating the practice and procedure and forms to be foVowed. and used in, or in connection with, or for the purposes .of proceedings before the Court, and in, or in connection with, or for the purpos.es of enforcing judgments, convictions, decisions, and other acts, given, made, and done by the Court; (b) As to the publication of its decisions and other acts, and the effect of such pUblication; Cc) For recovering fines and penalties imposed, and enforcing oruers for attachment and orders for the payment of any monf'ys made under this Act; . (d) Prescribing the practice Ilnd procedure and forms to be fol- lowed and used in, or ill connection with, or for the purposes 'of procef'dings before Boards; and in or in connection with, or for the purpose of drawing up, settling, and enforcing awards of BoardN ; (e) As to the publication of awards of Boarop, and the effect of weh publication; (f) Prescribing the fees and expenses to be paid to witnesses; (g) Prescribing what (if any) fees sha11 be paid in rel'pect of any proceedings in the Court, and the party by whom such fees shall be paid; . (h) Prescribing the mode of service of process, notices, orders, or other proceedings upon parties, persons, and industrial associations; .. . (i) Prescribing the powers and duties of chairmen of Boards imd of the Hegistrar, also of other officers so far as the same rf'late til matters wit hill the jurisdiction of the Court; pro- viding for the appointment of an ac-ting Chairman during the temporary ahl.'lence of the Chairman from any cause; . (j) Pre~ cribing the furnishing to the Registrar of returns, lists of officers and members, and other statistical information by industrial a~ sociation~ ; (k) As.to all things which this Act contemplates shall or may be prcseribed by Rules of Court; and .. ..
LABOUR. Sell. Ill. 3 GEO. V. No. 20, 1912. Inspection of Machiner!!, tJ'c., Amelltime'llt Act. ( l) As may be necessary or convenient for the full and effective exercise of the jurisdiction, duties, powers, and function" of the Oourt, or for giving effect to the convictions, decision!', and other acts given, made, or done by the Court or the Registrar or ott;l'lrofficer of the Court. - , , (2.) If at the time there is only one 'Judge, the power of making luch rules I! lll~ ll be exerciseable by such Judge; if there are two J udges~ ' ' the said power shail be exerciseable by the two Judges together; and if there are more than two Judge)!, 'the said power shall be; exerciseable by all the Judges or a majority of th'em: Prc;>vided tbat in this ,Aubsection the term" Judge" shall be read as npt including ar,t aating .1 udge. (3.) Subject to such rules and this Act, the practice and procedure of the Court shall be al! di~ ected by the Judge ma~ing the particular direction. (4.) All such rules shall be published in the Gazette " and there- upon shall be of the same effect as if they' were contained in this Act, anra. be judicially noticed without further evidence th~ n the production of a copy of the G a z e t t e . , " ' Such rules shall be laid before both Houses uf Parliament within fourteen days after such pUblication if Parliament is in session, and, if not, then within fourteen days after the commencement of the next I!ession. 5517 An Act to Amend "The Inspection of Machinery 3 Geo. V. and Scaffolding Act of 1908." No. 20. THE B, 1912] [ ASSENTED TO 7 , TH DECEMBE • R , • INMSAPECCHTINIOENRYOF E it enacted by the King's Most Excellent Majesty, SCAF~ ~ ~ DING , by and with the advice and consent of the Legis- A A,OT lative Council and Legislative Assembly of Queensland in A~ Eg~ ~ ~; 2~ Parliament assembled, and by the authority of the same, as follows : - 1. This Act shall be read as one with " The Inspe{J- Short title and tion of Machinery and Scaffolding Act qf 1908,"* herein construction referred to as the Principal Act, and may he cited together of Act. with that Act as "The Inspection of MaChinery and Scaffolding Acts, 1908-1912/' or separately as "The Inspection of Jlachinery and Scaffolding Act Arnend.meitt Act of 1912." 2. In, the definition of " .Boilert in section four of the Amendment Principal Act, the words "greater than atmospheric of s. 4. pressure" are repealed. ' '. 3. In the first paragraph of subsection one of section A.mendment thirty-seven of the Principal Act, the words" a hoiler" are of 8.37. repealed, and the words "any machinery" are inserted, in lieTithereof ' ., Subsection two of the said section is repealed. " 11 8 Ed"". VII. No. 9, printed as Appendix, infra.
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