South Brisbane–Kyogle–Grafton Railway Agreement Act of 1926 (17 Geo v No. 21) (Qld)

11 LOCAL AND PERSONAL ACTS OF THE PARLIAMENrr OF QUEENSLAND. 17° GEORGII V. ALLAN AND STARK BURNETT LANE SUBWAY. See ROADS. EVANGELICAL LUTHERAN CHURCH, TOOWOOMBA. See RELIGION. RAILWAYS. An Act to Approve, Ratify, and Confirm an 17 Geo. V. Agreement made between the Commonwealth N T o H . 2 E 1. of Australia, Norris Garrett Bell Common- BRSIOSBUATHNE- wealth Railway Commissioner, James Fraser KYOGLE- GRAFTON the Chief Commissioner for Railways of New RAILWAY AGREEMENT South Wales, and James Walker Davidson ACT OF 1926. Commissioner for Railways of Queensland (being the Railway Council constituted by the Agreement contained in the Schedule of "The South Brisbane - Kyogle - Grafton Railway Agreement Act of 1924") and the State of Queensland relating to the Construction of Section No. 2 of the South Brisbane-Kyogle- Grafton Railway. [ASSENTED TO 20TH NOVEMBER, 1926.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland :n Parliament assembled, and by the authority of the same, as follows:- 1. This Act maybe cited as " The South Brisbane- Short title. Kyogle-Gmfton Railway Agreement Act 01 1926," and shall be read as one with" The South Brisbane-Kyogle- Orafton Railway Agreement Act of 1924."* This Act and * 15 Geo. V. No. 10, 8upra, page 11197. S

11816 RAILWAYS. South Brisbane-Kyogle, Etc., Railway Act. 17 GEO. V. No. 21, ---- - -- - -- . - ~ - - . - - - - - - . that Act may be collectively referred to as "The Sovth Brisbane-Kyogle-Grafton Railway Agreements Acts, 1924- to 1926." Ratification of 2. The Agreement made on the twenty-third day Agreement. of March, one thousand nine hundred and twenty-six, between the Commonwealth of Australia, Norris Garrett Bell, James Fraser, James Walker Davidson, and the State of Queensland, a copy of which was laid before the Legislative Assembly of the said State on the twenty- ninth day of July, one thousand nine hundred and twenty-six, and a copy of which (excluding the annexures thereto) is set forth in the Schedule to this Act, is hereby approved, ratified, and confirmed as from the twenty- third day of March, one thousand nine hundred and twenty-six; and all acts, matters, and things done or performed under or pursuant to the said Agreement prior to the passing of this Act, or to be done or performed under or pursuant to the said Agreement after the passing of this Act, are approved, ratified, and confirmed, and are authorised and are and shall be valid and effectual for all purposes whatsoever. SCHEDULE. Agreement made the twenty-third day of March, one thousand nine hundred and twenty-six, between the Commonwealth of .Australia (hereinafter called the "Commonwealth") of the first part Norris Garrett Bell of Melbourne Commonwealth Railways Commissioner James Fraser of Sydney the Chief Commissioner for Railways of New South Wales and James Walker Davidson of Brisbane Commissioner for R.ailways of Queensland being the Railway Council constituted by the Agreement contained in the Schedule to the Grafton to South Brisbane R.ailway Act 1924 of the Commonwealth and the Grafton-KyogletoSouthBrisbaneRailwayAgreementRatificationAct1924 of the State of New South Wales (hereinafter called the "Council" which expression shall unless the context otherwise requires include the members of such Council for the time being and the deputies of such members) of the second part and the State of Queensland (hereinafter called the "Contractor") of the third part Whereas for the purposes of the said Agreement tenders were called for the performance of the work required in the construction of Section Number 2 of the Railway from South Brisbane to Richmond Gap referred to in the said Agreement namely from 1 mile 0 chains 0 links near

1926. RAILWAYS. South Brisbane-Kyogle, Etc., Railway Act. Salisbury to 0 miles 40 chains 50 links (at Richmond Gap) And whereas the Chief Engineer of the Queensland Government Rail- ways at the request of the Council submitted to it a sealed ef.timate showing the rates for which he considered the estimated quantities of the various works included in the said Section Number 2 of the said railway could be constructed And whereas the Council decided not to accept any tender received by it for the construction of the said Section No. 2 but decided to have the same carried out by or on behalf of the State of Queensland And ,,'herea!'! the Commonwealth has requested that the said Section Number 2 should be constructed by or for the State of Queensland as an independent Contractor with the Council at the rates mentioned in the said sealed estimate Now therefore it is hereby agreed by and between the parties hereto as follows:- 1. The Contractor shall undertake and carry out the work required in the construction of the said Section Number 2 of the said railways in accordance with the specification of works hereto annexed and marked with the letter "A" with the general condi- tions hereto annexed and marked with the letter "B" with the schedule of quantities and prices hereto annexed and marked with the letter" C" with the conditions of tendering hereto annexed and marked with the letter "D" and with the sealed estimate dated the twenty-fifth day of August one thousand nine hundred and twenty-five a copy of which is hereto annexed and marked with the letter "E" and with the provisions of this contract so far as the same are respectively to be performed observed fulfilled obeyed and abided by on the part of the contractor and at and for the prices contained in the said schedule of quantities and prices marked " C" according to the quantities of work as determined by measure- ment or as otherwise provided herein or hereunder with such additions and deductions as are provided for in this contract and the annexures hereto. 2. The Council agrees that it shall and will perform observe fulfil obey and abide by the several articles clauses conditions and stipulations contained in this contract and the said annexurea hereto so far as the same respectively are to be performed observed fulfilled obeyed and abided by on the part of the CounciL 3. The Council agrees that it will pay to the contractor for the performance of the said work according to the quantities of work as determined by measurement or as otherwise provided herein or hereunder at the rates shown in the 'said schedule of quantities and prices marked" C" with such additions and deduc- tions as are provided for in this contract and the annexures hereto. 4. The prices set out in the said schedule of prices and quantities marked" C" are to be taken to have been based upon the rates of wages prescribed by awards or orders of the Court of Industrial Arbitration of Queensland in force on the 28th August, 1925, and where the rates of wages were at such date not so prescribed upon the rates of wages ruling in Queensland at the said date and are to be taken to have been based upon forty-four 11817

11818 RAILWAYS. South Brisbane-Kyogle, Etc., Railway Act. 17 GEO. V. No. 21. hours per week being the working hours per week at the said date. Such prices shall be subject to adjustments from time to time as follows that is to say:- Ca) If the rates of wages paid by the contractor to its employees engaged in Queensland in the execution of the said work shall by reason of any award or order of any Court or other competent authority of the Common- wealth or the State or any industrial agreement duly recorded with any such Court or Authority and approved by the Council be greater or less than the rates of wages prescribed by the said awards or orders in force on the said day or in case of rates not being so prescribed then thc rates of wages ruling in Queens- land at such date, the amount of the increase or reduction thereby occasioned in the prices stated in the said schedule marked "C" shall be added thereto or deducted therefrom as the case may be. Cb) In the event of the working hours per week being increased or reduced from forty-four hours per week by reason of any award or order of any State or Commonwealth Court or Authority Or of any Statute or of any industrial agreement duly recorded with such Court or Authority and approved by the Council affecting the employees of the contractor engaged in Queensland in the execution of the said work the amount of decrease occasioned in the prices otherwise payable to the contractor under the contract by the increase of the working hours or the amount of the increase occasioned in such prices by the decrease of such hours shall be added to or deducted therefrom as the case may be. (c) As often as any increase or decrease shall be made as aforesaid in any of the rates of wages (If working hours upon which the prices set out in the said schedule of prices marked "C" are taken to have been based the contractor will thereupon notify the same to the Oouncil. (d) The amount of all additions and deductions to be made or allowed to or by the contractor under subclause (a) or (b) of this clause shall be determined by agreement between a person appointed by the contractor and a person appointed by the Council and in default of such agreement by the Council. (e) So much of piece work rates as consists of wages shall be deemed to have increased or decreased in proportion to the increases or decreases in wages for the class of work in question. 5. In reading and construing the said general conditions marked "B" the said specification marked "A" and the said

RAILWAYS. 1926. South Brisbane.Kyogle, Etc., Railway Act. conditions of tendering marked "D" the following alterations shall be made:- In the General Conditions- Interpretation Clause 1 (a)- The term "Council"-"The Railway Council constituted by the Grafton.Kyogle to South Brisbane Railway Agreement. is altered to read- "Council"-"The Railway Council constituted by the Grafton. Kyogle to South Brisbane Railway Agreement or (except in clauses 44 and 45 hereof) any person duly authorised by the unanimous decision of the Council on its behalf." The term" Superintending Officer"-" The officer from time to time acting under the Engineer in the supervision of works" and The term "Engiileer"-"The Chief Engineer for Railway Construction for the time being, or his duly appointed representative' , are deleted, and the word" Council" is substituted in place of the words " Superintending Officer" and " Engineer" wherever appearing in the said general conditions and specification of works. - Clause 5 of the said conditions of tendering is deleted. Clause 7 of the said conditions of tendering is deleted. Clause 6 of the said conditions of tendering-The word "Council" is substituted for the word" Engineer." Clause 30 (a) (b) (c) and (d) general conditions is deleted, and the following clause is substituted:- Clause 30.-" The payments to be made to the contractor by the Council in respect of work done shall be made each four weeks and the amount of such payments shall depend upon and be determined by the progress certificate to be given as provided in Clause 27 (b)." 6. Notwithstanding any other provision contained in this contract or any annexure hereto, in the event of the contractor being dissatisfied with any determination notice certificate or order by a nominee of the Council under this contract or any annexure hereto the contractor may within eight weeks of the date on which such determination notice certificate or order is given appeal therefrom to the Council whose decision shall be final. 7. The Commonwealth agrees as a separate agreement with the said State and the Council that it will do all things on its part necessary to be done in order to enable the Council to carry out the provisions of this contract and the annexure.s hereto which on its part are to be observed and performed. 8. 'Phe Commonwealth agrees that it will take all steps necessary to have this contract ratified by the Parliament of the Commonwealth as early as possible and the said State agrees that it will take all steps necessary to have this contract ratified by the Parliament of the said State as early as possible. 11819

11820 RAILWAYS. South Brisbane-Kyogle, Etc., Railway Act. 17 GEO. v. No. 21,1926. In witness whereof the parties hereto have hereunto set their respective hands and seals the day and year first above written Signed sealed and delivered by] Stanley Melbourne Bruce the I Prime Minister of the Common-I f wealth of Australia for and on behalf of the said Common- (Sgd.) wealth (but so as not to incur any personal liability) in the. presence of- I (Sgd.) W. C. HILL. J S. M. BRUCE. [L.S.] Signed sealed and delivered by the said Norris Garrett Bell (but so as not to incur any personal liability) in the presence of- (Sgd.) EDWARD SIMMS. (Sgd.) NORRIS G. BELL. , [L.S.] Signed sealed and delivered bY} Sgd.) JAMES FRASER by the said J ames Fraser (but so his duly authorised deputy- as not to incur any personal I liability) in the presence of- (Sgd.) (Sgd.) EDWARD SIMMS. Signed sealed and delivered by the said J ames Walker David- son (but so as not to incur any (Sgd.) F. E. WICKHAM. [L.S.] J. W. DAVIDSON. personal liability) in the presence of- [L.S.] f (Sgd.) EDWARD SIMMS. Signed sealed and delivered by William McCormack the Premier of the State of Queens- la~ d for and on behalf of the (Sgd.) SaId State (but so as not to incur any personal liability) in the presence of- i W. McCORMACK. [L.S.] (Sgd.) J. LARcoMBE. )