Wages Act of 1918 (9 Geo v No. 19) (Qld)

9 GEO. V.No.19, 1918. LABOUR. Wages Act. 8495 LABOUR. Wa.ges Act ot 1918 90eo. V. No. 19 Workers' Oompensation Acts Amendment Act of 1918 90eo. V. No. 21 An Aot to make better provision for the Payment 9: a~ oi9: · I " onfO d lWeangtae 1 s pduurepostoes. Workers, and fo . r other W O A F G T E 1 H S 9 E 1 A 8 C . T [ASSENTED TO 23RD NOVEMBER, 1918.] 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:- PART I.-PRELIMIN.ARY. PART I.- PRELIMINARY. 1. This Act may be cited as "The Wages Act of 1918," Short title and is divided into Parts, as follows : - P .ART I.-PRELIMINARY; and PartB of ~ P.ART n.-PROTECTION OF WAGES; P.ART IIl.-TRUCK ; P.ART IV.-MISCELLANEOUS. 2. (1.) The Acts mentioned in the First Schedule to ~ iie; l. this Act are repealed to the extent therein indicated. 0 • • (2.) Save as by this Act is expressly provided, ~ a~ ng ~ n nothing in this Act contained shall be construed to No. ;;:. • r~ peal or otherwise prejudicially affect any of the provisions of *"The Con.tractors' and Workmen's Lien Act of 1906." 3. In this Act, unless the context otherwise indi- In~rpre. cat es, the f 0 11o} V.lng t erms ha ve the mea.m. . ngs respectI' ve I y t2a5tlOVine. . assigned to them, that is to say:- No. 11, N.Z.1908, No. 204, ss. 2, 28. "Contract," for the purposes of Part IlL, includes Contract. any agreement~ understanding, device, con- trivance. collusion, or arrangement whatsoever on the subject of wages, whether written or oral,direct or indirect, to which the employer and worker are parties" or are assenting,or by which they are mutually bound to each * 6 Edw. VII. No. 30, supra, page 1242.

8496 PART 1.- PRELIMINAliy. Contractor; subcon- tractor. Court. Crop. Employer. Money. Mortgage, &0. LABOUR. Wages Act. 9 GEO. V. No. 19, other, or whereby either of them has endea- voured to impose an obligation on the other of them; "Contraotor"-For the purposes of all the pro- visions of this Aot exoept Part IlL-a person who contracts direotly with the employer for the performanoe of work for him; " sub- contractor" means a person wbo contracts with a contractor, or with another subcon- tractor, for the performanoe of work for such contractor or suboontractor; "Court"-The court in which any proceeding is taken under this Aot: the term includes the judge of any sucb court, and a police magis- trate or justioes in any matter in which such magistrate or justices has orhave jurisdiotion; "Crop" includes any growing orop of agricultural or horticultural produce as defined by the seo- tions of the *" Mercantile Act of 1867" relating to liens on crops ; "Employer"-Any person at whose request, or' upon whose credit or on whose behalf with his privity or consent, work is done: the term includes all persons claiming under him whose rights are acquired after the work in question is commenoed : For the purposes of Part In., the term includes any master, manager, foreman, agent,. or other person engaged in the hiring, employment, or superintendence of the service,. work, or labour of any worker; " Money "-Current coin of the realm: the term . includes the coinage and notes issued by the Commonwealth; . U Mortgage" includes any mortgage or bill of mort- gage upon land, or any registered bill of sale or any registered lien upon any crop, or any registered mortgage upon stook; "Mortgagee" includes the original mortgagee and also the person for the time being entitled in any way to enforoe a mortgage; "Mortgagor" includes the original mortgagor and also tbe person for the time being entitled to redeem any mortgage; * 31 Vie. No. 36, 8upra, page 2133.

1918. LABOUR. Wages Act. 8497 PART 1.- PRELIMINARY. "Person" includes a body of persons whether Person. corporate or unincorporate, and a firm of partners and any local authority or other local governing body; "Stock" includes cows, bulls, bullocks, heifers, Stock. steers, calves, horses, mares, colts, fillies, foals, asses, mules, f:theep, lambs, goats, and swine; " Wages" includes any money paid or contracted Wages. to be paid, delivered, or given as a recom- pense. reward, remuneration, or consideration for any service, work, or labour rendered or done, or to be rendered or done by a worker whether. within a certain time or to a certain amount, or for a time or an amount uncertain, and whether payable daily, weekly, monthly, or otherwise : The term does not include recompense, reward, remuneration, or consideration for any service, work, or labour rendered or done or to be rendered or done by-- (a) A barrister, solicitor, conveyancer, or legal practitioner, or a legally qualified medical practitioner, or an authorised surveyor, or a registered pharmaceutical chemist, or a regis- tered dentist, or a registered optician, or a public analyst, or a veterinary surgeon, or a consulting engineer, or an architect, or a public accountant, actuary, or auditor,or any other person retained or engaged to render professional services requiring personal skill, knowledge, and attention; or (b) A .person who contracts directly with an employer for the performance of work not performed solely by such person; or (c) An auctioneer or :tgent; or (d) A person employed on wages at a rate ex- ceedjng four hundred pounds per annum; H Worker"-Any person, male or female, whether Worker. under or not under the age of twenty-one years, in any manner engaged or employed by an employer in work of any kind Whatso- ever subject to the direction and control of an employer, and whether the worker's remuneration is to be according to time or by piecework, or at a fixed price, or otherwise howsoever.

8498 PARTII.- PROTEarION OF WAGES. LABOUR. Wages Act. 9 GEO. V. No. 19, P ART n.-PROTECTION OF WAGES. Wages to be 4. The wages due to workers employed on any ofinrsmt cohanrgeey. work sh . all, subject to the emplo . yer's rights as mentioned due to or in III sectIOn eleven hereof, be a first and paramount charge : ~ ! ~ ~~ r. upon the. moneys due to the contractor by the employer N.Z. 1908, under or III respect of the work: No. 204, .s. 4. Provided that until service of notice of attachment, as hereinafter mentioned, the employer shall be at liberty to pay to the contractor all moneys which have accrued due and are payable by the employer to the contractor under or in respect of the work. In this section "work" includes any contract or undertaking. Assignment 5. Every assignment, disposition, or charge (legal of money or equitable) made or given by the contractor to any ~ rece m ived person w h omsoever, other than his workers f or wages under con· due to them in respect of the contract in question, of or ntroacetffteocthave upon the moneys due or to become due to hI' m under or I.n un~ il wages respect of the work shall have no force or effect at law or ~: i!: : a. in equity as against wages due or to accrue due to' the lb. s. o. workers. In this section "work" includes any contract or undertaking. Moneys 6. (1.) Moneys due to or received by the contractor creocnetirvaecdwbrv' from the employer under or in respect of the work shall not to be not be liable to be attached or charged, except by the aanttdact h o ebde, I workers as hereinafter mentioned, uhtil all wages due or applied in to accrue due to the workers have been fully paid and pwaaygmesednuteo.f satisfied or secured to the satisfaction of the court, and lb. SB. &; 7. the contractor shall apply all such moneys received by him, so far as may be necessary, in payment of the wages due and to accrue due to the workers. Contractor (2.) The contractor shall keep a full and truthful to keep account in writing of all such moneys received by him as atoccporuondtuscaend aforesaI' d, and 0 f t he manner I.n whI'Ch the same are same to disbursed or disposed of, and shall, on the application of workers. any worker whose wages are more than eight clear days in arrear, and have not been paid when demanded, produce such account to such worker for his inspection, and such worker shall be at liberty to take a copy of or ' extracts from the said account. (3.) In this section "work" includes any contract or undertaking.

1918. LABOUR. Wages Act. 8499 PART II.- PROTECTION OF WAGES. 7. (1.) Any worker whose wages remain unpaid for Worker twenty-four hours after they become payabl~ and have :!oiS: a, ; : e~ ~ been demanded may serve the employer, or hIS attorney may att~ lCh or agent, with a notice of attachment in the form = nn; ! ~ tn numbered (1) in the Second Schedule hereto or to the employer. 9. effect thereof; and upon service thereof all moneys due ~~~'2t:?~ : and thereafter to become due and payable to the con- Sch. n., f. 1. tractor shall be attached, and shall be retained by the employer to meet the claims in respect of th.e first notice and all other notices of attachment served within seven days after the first of such notices; and after the lapse of such seven days the amount of the moneys claimed in all such notices shall·be attached, and shall be retained by the employer until the court in which the claims are hea,rd directs to whom and in what manner the same are to be paid. (2.) But any employer may pay into the aforesaid court· the sum mentioned in eV€lry such notice of attach- ment, if such sum is an ascertained and fixed sum, and the receipt of the clerk or registrar of the court for the said sum shall be a full discharge to the employer of his liability under the attachment. 8. (1.) If the worker obtains judgment against the Court may contractor for the wages claimed, or any part thereof, he order may obtain from the court an order, in the form numbered ~ ~ t~ ~ : ~ et; (2) in the Second Schedule hereto or to the effect thereof, ?btaining for the payment by the contractor'R employer of the ~ ~ = : nt amount of the judgment, and may serve a copy of such contractor. order upon such empIoyer or h I · S at t orney or agen t . Slbc.h. ss n . . 1 , 0 f. 11 2: (2.) At the expiration of seven days after service of such order, but not earlier, the employer, unless he has received written notice of appeal against such judgment, shall, out of the moneys attached in his hands, pay the amount stated in such order to the worker. 9. (1.) Subject to the provisions of the two last WorkeIs to preceding sections, all moneys attached as aforesaid shall be pai~ be pal' d . by the emp I oyer 1 . 11 prI"Oftl y accord1' 11g t" 0 the order pacricoorridtymgof to of the service of the notices attaching such moneys; but ~ otice. all notices served within seven days after the first of such s~ ' ss; 12, 13. notices of attachment shall be deemed to be served t~ : ~ ~ simultaneously, for the purpose of securing the equal notices. distribution of the moneys attached amongst all workers serving such notices within the aforesaid seven days.

8500 PARTII.- PROTECTION OF WAGES. LABOUR. Wages Act. 9 GEO. V. No. 19, Simul- (2.) All demands for wages of workers who serve t: ~ ~ ~ Sto simultaneous notices as aforesaid shall rank equally ~ank equally among themselves, and shall be paid in full, unless the :: ~ ~gthem- moneys attached in the hands of the employer are insuffi- . cient to meet them, in which case they shall abate in equal proportions between themselves. Employer 10. The employer served with an order or orders ~ ~ a: ~ ~ ~ ~ ~ t under this Part shall not be liable to make good any due to demand made on him to a greater extent than the sum c N o .Z nt . ra 1 c 9 t 0 o 8 r . . W h l ' C h I . S actua11y due and owing by him to t he contractor No.204,s.14. at the time of the service of such order, or the payment thereunder. to mp O a n ayyf, awsiulouerrkeer me . nt 11 a . n I d f othrdeerem {O p f lopyaeyrmseenrvt efdailws ittoh pnoatyicaes oaffoartetsaacihd- , snpeoertrvisoeoedn. with itnhe awnyorkceorumrt ayhasvuinegforjurainsddicrteicoonveirninthheis moawtntern, amthee, lb. s. 15. moneys attached by any proceeding which the contractor might have taken had there been no attachment under this Part, subject to the right of the employer to set off against the worker's demand all moneys properly paid by the employer to the contractor under the contract prior to the service of the notice of attachment, and also all moneys which the contractor was at the time of the service of the notice of attachment liable to pay to the employer under the contract, or in consequence of any breach or non-performance thereof. Employer 12., If the employer pays the contractor in advance, ~ : ! t: ! ctor in then in any proceedings by workers against the employer advance. under this Part the employer shall not be entitled to be lb. s. 8. credited with or to set off any such payments against the . wages due to and claimed by the workers. On satisfac- 13. Upon satisfaction of the worker's demand atitotnac, hment mentioned in any order for payment under this Act, ceases to or on the setting-aside of such order, any attachment of o lb p . er s a . t1e6. . moneys effected under this Part shall cease to be opera- tive, but without prejudice to any bona :fide payment by the employer served with an order for payment in accordance with such order previous to his receiving notice of such satisfaction or setting-aside of the order. Discharge 14. The worker shall, on the request of the person l b b y .s w . o 1 r 7 k . er. paying to him the demand specified in any order for payment under this Part, and at the time of receiving the

1918. LABOUR. Wages Act. 8501 PARTII.- PROTEOTION OF WAGES. same, sign a discharge therefor in the form numbered (3) in the Second Schedule hereto or to the effect thereof. Soh. n., f.3. 15. Subject to the provisions of sections forty-two Offences. and ~ orty- four of this Act, if the employer or contractor ~ ~ ~ 2l: . ~ ~ 24. by hImself or the agency of any other person, contravenes or, without good reason, fails to comply with any ol the provisions of this Part, such employer, contractor, or agent shall be liable to a penalty not exceeding fifty pounds. 16. (1.) Where any work is let by a contractor to a Remedies of subcontractor, every worker in the service of such sub- wor~ ers ifn cont•ractor shallhave t he same rI'ghts and remedesi ' In sseurbVcloCne- o all respects against the first-mentioned contractor as a i~ acto; 5 worker in the service of a contractor has under this Part . s. . against the employer of such last-mentioned contractor. (2.) For the purpose of giving effect to this section all the foregoing provisions of this Part Elhall be read as if there had been enacted therein respectively the word "contractor" in the place of the word "employer" and the word "subcontractor" III the place of the word " contractor." 17. No order attaching or charging the wages of No o~ er any single worker having a person or persons dependent ~! ; ~. mg on his wages or any married worker shall be made by any lb. s. 27. court, except as follows, that is to say ;--1£ the amount of Exception. wages exceeds the rate of two pounds per week, any Costs. surplus above that sum shall be liable to attachment as before the passing of this Act. In the case of all persons in the employment of the Crown, the service of any such order on the paymaster of the Government department or office shall be effectual and shall bInd the Crown. 18. Where an employer, in satisfaction of his Employer, liability under this Act, pays wages due to a worker of a : U~ r~ ; ~ t~ ~ contractor employed by such employer for work per- to worker's formed by such' contractor under a contract with such ~ ~ hts28 employer, then, in the event of such contractor becoming . s. . insolvent or compounding with his creditors, or being a company in respect of which proceedings for winding-up have been commenced, such payment shall be deemed to be and shall be treated as a preferential claim against the estate of such contractor in the same manner as if such wages were due to the worker.

8502 PART III.- 'fRUCK. LABOUR. Wages Act. 9 GEO. V. No. 19, PART IIl.-TRUCK. Wages to be 19. (1.) In every contract made with any worker ~ ; ~ ble in the wages of such worker shall be made payable in money money. only, and not otherwise; and if by agreement, custom, ~ : ' 2~ : .~ ~ !l9. or otherwise a worker is entitled to receive in anticipation . of the regular period of the payment of his wages an advance as part or on account thereof, it shall not be lawful for the employer to withhold such advance or No deduction make any deduction in respect of such advance on account . for interest. of poundage , discount , or interest ' or . any similar charge. Contracts in (2.) If in any such contract the whole or any part c?ntraven.- of such wages is made payable in any manner other stleOcntioonf vthoiisd. than I.n money, or proVI.S.IOn I.S made for any deduct' IOn or charge as aforesaid in respect of any advance of the whole or a part of the wages of the worker, such contract shall be and is hereby declared illegal and void so far as any promise or consideration made or given by or arising out of the same relates to the paym.ent of such wages otherwise than in money, or as to making any such deduction or charge as aforesaid; and such promise or consideration shall be deemed to be severable from the other part of the contract, which shall otherwise be and remain in force. Wages to be paid in money. Ib.s.31. 20. Except as hereinafter provided-- (i.) The entire amount of the wages earned by or payable to any worker shall be actually paid to such worker in money, and not otherwise, at intervals of not more than one month if demanded: Provided that in case of the termination of the employment the entire amount of such wages shall be so paid within three days after such termination if demanded: (ji.) Every payment made to any such worker by his employer of or in respect of any such wages by the delivering to him of goods, or otherwise than in money, is hereby declared illegal and void; (iii.) Every worker shall be entitled to recover from his employer in any court of competent juris- diction the whole or so much of the wages earned by such worker as has not been actually paid to him by his employer in money.

1918. LABOUR. Wages Act. 850? PART III.- TRUCK. 21. (1.) No employer shall, directly or indirectly, No c~) lltract by himself or his agent, impose as a condition, expressed ~ :~l:!~ !e or implied, in or for the employment of any worker of spending any terms as to the place at which, or the manner in N~ ~~si908, which, or the person with whom, any wages or portion of No.204,s. 30. wages paid to the worker are to be expended. (2.) No employer shall dismiss any worker from his employment for or on account of the place at which, or the manner in which, or the person with whom, any wages paid by the employer to such worker are expended or are not expended. 22. In any action brought or commenced by any No set·off wofomrkoenreaygad,iunesttohissuecmh pwlooyrkeerrfoars thhI . Se wreacgoevs, ertyheofdea f neyn d saunmt fswouorprgpkOell. erodd b S y t 0 shall not be allowed to make any set-off or counterclaim, ~ ~ plo~; r. nor to claim any reduction of the plaintiff's demand, by . s. . reason or in respect of any goods had or received by the plaintiff as or on account of his wages. 23. Except by agreement er industrial award, no No deduction deduction shall be made from a worker's wages 'for sfohrarpen.mg sharpening or repairing tools. or repairing tools. lb. s. 34. 24. (1.) It shall not be lawful for any employer DeductioI,ls. directly or indirectly to take or receive any money from &c"!dfor any worker in his employ; whether by way of deduction ~ ~ ~ ~ ci~ ~ t from wages or otherwise howsoever, in respect of any i~bid~ en. policy of insurance against injury by accident. ' . s. 5. (2.) All money so taken or received as aforesaid from any worker in breach of this section may by him be recovered at any time not exceeding six months thereafter, with full costf'. of action, from the employer or person who took or received it. 25. Nothing herein shall be construed to prevent or Payment of render invalid any contract for the payment, or any : : ~ a: aly actual payment, to any worker of the whole or any part cheque. of his wages in a cheque, draft, or 8rder in writing for the lb. s. 36. payment of money to the bearer on demand, drawn on any person, company, or association carrying on the business of a banker in Queensland, either generally or with any particular persons or class of persons only, if payment by cheque, draft, or order in his case is the usual mode of payment, and if the cheque,draft, or order tendered irr payment includes such amount of exchange

8504 PART III..- TRUCK. LABOUR. Wages Act. 9 GEO. V. No. 19, as will ensure to the worker payment in full of wages at the place where such payment is tendered; and, subject as hereinafter provided, all payments so made shall be as valid as if made in money: Provided that- (a) No suoh cheque shall be crossed: (b) If wages are paid by a cheque, draft, or order in writing as aforesaid, and the same is dis- honoured, the worker shall be entitled to recover from his employer such reasonable damages as he has sustained in consequence of such dishonour, and such damages shall be recoverable in any court of competent juris- diction in addition to any wages due or payable to such worker. Breaches 26. If an employer, by himself or the agency of ~ ~hi~9~ ;rt. any other person, directly or indirectly enters into N~ . 204, 8.'38. any contract or makes any payment by this Part declared to be illegal and void wholly or in part, or if an employer or his agent contravenes or fails to comply with any of the foregoing provisions of this Part, such employer or agent, as the case may be, shall be liable to the following penalties ;- (a) For the first offence, a penalty not exceeding five pounds; (b) For the second or any subsequent offence, a penalty not exceeding twenty-five pounds. • 'Consent of worker no defence. lb. S" 39 27. In any proceedings against any employer, com- pany, or persoll- (a) For the breach of any provision of this Part; or (b) For the recovery by the worker of money alleged to have been taken, received, deducted or detained from him in breach of any provi- sion of this Part; the fact that 'the worker consented thereto shall not avail in any way as an answer or defence. 'This Act 28. (1.) Nothing jn this Act shall be construed to l:~:~t:~IY i:r:validate or prejudice the following contracts or transac- easEl<'. hons, namely:- lb. s, 47. ( a ) Wh ere an emp I oyer supplies .or con t rac t s t 0 supply to any worker any medicine' or medical

1918. LABOUR. Wages Act. 8505 PART III.- TRUCK. attendance, or any fuel, materials, tools, appliances, or implements to be by the worker employed in his trade, labour, or occupation; (b) Where an employer supplies or contracts to supply any worker who has engaged with him with the necessary outfit and means of support, and materials or tools requisite for commencing or continuing his engagement, to any amount not exceeding in any case the amount of two months' wages to be earned by such worker in such engagement; (c) Where an employer supplies or contracts to supply to any worker any hay, corn, or other provender to be consumed by any horse or other beast of burden employed by the worker in his trade, labour, or occupa- tion; (d) Where an employer demises to any worker the whole or any part of any tenement at any rent to be therein reserved, or allows such worker the use of a tenement as part" of his wages or in addition to his wages, or any other allowance or privilege in addition to money wages as a remuneration for his services; (e) Where such employer supplies or contracts to supply to any worker or his family any foodstuffs; (f) Where an employer supplies to any worker tobacco or clothing ; (g) Where a deduction from wages or earnings is agreed on at a colliery for providing the "ages of a check weighman employed thereat. (2.) This Part shall not be construed to prevent an employer- (a) Pursuant to an agreement wi~h a worker, from making any deduction or stoppage from the wages of such worker for or in respect of any of the matters ot things in this section here- inbefore mentioned; (b) From advancing to any worker any money to be by him contributed to any friendly society, life insurance company or association, savings . !

8506 PA.RT IlI.- TRUCK. LABOUR. Wages Act. 9 GEO. V. No. 19, bank, or other society or association whatever, or to any Commonwealth War Loan or War Sav- ings Certificates, or from advancing any money for the relief of the worker or his wife or family in sickness, or from advancing any money to any person by the' worker's order, or from advancing to any worker the amount of any steamer, railway, or coach fare or other travelling expense, or from deducting or con- tractingto deduct from the wages of the worker any such sum or sums of money advanced as aforesaid: Provided that no deduction or stoppage shall exceed the amount of such advances and the true value of such things so supplied. Con- 29. In subsection one of section sixty-four of *" The. asemqeunednmtiaelnt. p In ri d c u e st o r r ia r l at A e rb so itr f a ix ti e o d n ," A t c h t e of w1o9r1d6s, " " aInfteervethrye swuocrhdasw"atrhde, order, or agreement the deductions permitted by "The Wages Act of 1918" shall be deemed to be authorised~ although not expressly mentioned or referred to therein," are inserted. PART IV.- MISCEL' LANEOUS. Workers not entering into service according to agreement, absenting themselves, &c. Fraudulent breach of agreement. PART IV.-MrscELLANEOUS. 30. (1.) Any worker who- (a) Agrees with any person to serve him for any' time or in any manner, and does not enter into his service or commence his work accord- ing to his agreement (such agreement if in writing being signed by the parties thereto, or if oral being made. in the presence of a witness), shall be liable to a penalty not exceeding ten pounds. (b) Having entered into such service as aforesaid or commenced such work as aforesaid, absents himself therefrom without reasonable cause before the term of his agreement has expired or before the work agreed for is completed, or without reasonable cause refuses or neglects to fulfil the same, shall be liable to a penalty not exceeding five pounds. (c) After having entered into any agreement, whether oral or in writing, with any employer * 7 Geo. V. No. 16, supra, page 7538. .

1918. LABOUR. Wages Act. 8507 PART IV.- MrSCEL- I.ANEOUB. to serve him for any time or in any manner, obtains from his employer any advance of money or goods (where by this Act goods are permitted to be supplied) on account of the wages for which he has so agreed to serve, and after obtaining the same neglects or refuses without reasonable cause forthwith to go to the place at which he has so agreed to serve or to perform the work he has so agreed to perform to the extent of the advance in money or goods on account of wages so made. shall be liable to a penalty not exceeding ten pounds. (2.) Any employer who agrees with any worker to Breach of employ him for any time or in any manner and there- ~ gl' eem! nt after, without reasonable cause, refuses or fails to permit yamp oyer. the worker to commence such employment shall be liable to a penalty not exceeding ten pounds. 31. Any person who-- False ( a ) Will u II y pre t en d s or f a 1 se 1 y asser t s m · wrl ·t· mg trieopnrse, se&nct.a- that any person has been in his employ for a period or in a capacity other than that for which or in which he was employed, or in any other material respect contrary to the truth, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding twenty pounds; (b) ]J'orges or knowingly uses any forged certifi- C'ates or documents purporting to be a discharge from or record of previous employ- ment shall be guilty of an offence against this Act, and shall be liable to imprisonment for any period n,ot exceeding three months; (c) Having in his possession a valid certificate or document as aforesaid issued to some other person, assumes as his own name the name stated therein, and makes use of same when seeking employment, shall be guilty of an offence against this Act, and shall be liable to 11 penalty not exceeding twenty pounds; (d) Assumes the name of another person and obtains or attempts to obtain employment by . using such assumed name, whether the name E

8508 PART IV.- MISCEL' LANEOUS. LABOUR. Wages Act. 3 GEO. V. No. 19, is that of a person living or dead or of a fictitious person, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding twenty pounds; (e) Wilfully or negligently spoils or destroys machinery, tools, work, or materials, or wil- fully or negligently abandons, loses, or injures any cattle or other property belonging to or in charge of his employer, shall be guilty of an offence against this Act, and on conviction shall, as a penalty, pay forthwith such reason- able compensation as shall be ordered. In default of satisfaction of such penalty, the offender shall be liable to imprisonment. Wha~ notice 32. (1.) In any case where a worker is employed by ~ : ~ : ~ : o the day-that is, from day to day-without any agreement employment. for employment for a definite period, no notice by either party shall be required to teqninate the employment. (2.) In any case where a worker is employed under a weekly agreement, whether oral or in writing, the worker and employer, respectively, shall have the right to terminate such agreement upon giving seven days' notice of his intention so to do : Provided that where a worker has been engaged under an agreement in writing and in accordance with the provisions of such agreement the .employer advances to such worker a sum of money or .gocds for any purpose permitted under section twenty-eight hereof, and it is. also agreed that such money or the money value of such goods shall be refunded from the wages that are or may become due to such worker, then such worker shall not be entitled to terminate his agreement before the expiration thereof unless he has refunded or made provision satisfactory to the employer to refund such money or money value. If worker 33. If any worker during the continuance of his = ! ~ : agreement wilfully and unlawfully absents himself from unlawfully, his service without leave, the period of such absence : : :O; :! e~o shall not be taken into account in estimating his time of as part of hill service under his agreement; and his agreement shall : ! d~ ~ ent be held to continue in full force beyond the time originally W8~ es to be stipulated for a period equal to the term of, such absence clalmed. if the employer so requires.

191S. J-1ABOUR. Wages Act. 8509 PART IV.- MISCEL· LANEOUS. Any worker so absenting himself shall not be entitled to claim any wages for or during the period of such absence. 34. In any claim for unpaid wages, upon complaint Wages made by the worker or on his behalf, any justice of the ~ ecoverable peace may issue his summons calling upon the person, ~ ~ ~ ary .or any of the persons upon whom the claim is made, to way. appear before any court of petty sessions where or near to the .place where the service has been performed, or where or near to the place where the person or any of the persons upon whom the claim is made resides, to answer such complaint; and such court shall have jurisdiction to examine the parties and their respective witnesses (if any) concerning the complaint and the amount of wages due, and make such order for payment of the said wages with the costs incurred by the worker in prose- cuting such claim, or any damages the worker has sustained by the neglect of his employer to pay the wages so found to be due, as appear to the court to be reason- able and just. . 35. The summons mentioned·in the last preceding Agent sceaclltiinogn umpaoyn, tahte thaegeontp, timonanoafgetrh, eorwoorkveerrs, ebere 0 ifssuhe I · d S sf m our a mw y ma b go e en& a . d employer to ~ppear before the court; and thereupon the court may hear and determine the matter of the com- plaint, and make an order for the payment by such agent, overseer, or manager to the worker of so much wages as to the court appel:J,r to be justly due with costs as afore- said. If such agent, overseer, or manager fails to paY,such sum with costs awarded, and neglects or refuses to give a draft or order on his employer for such sum with costs awarded, then the court shall and may issue its warrant to levy the same by distress and· sale of the goods and chattels of such employer. 36. (1.) Notwithstanding anything contained in the Wages *" Mercantile Act of 1867," j£ any worker is prevented or rec~verable h I · n d ere d f rom recoverI . ng any wages f rom a mortgagor f or magoarmtgsatgee uwnodrkerdmonoertignagceu, ltoirvam. tincguIotl.rvoa.tthmegrwoisreoitmheprr" wolvsiengmacnoynlnaencd- f 0t r 0 n omrfeacilouvree; r tion with any crop under lien, or in connection with any mortgagor. animal or vegetable substance prepared or manufactured by machinery secured under bill of sale, or in tending, * 31 Vic. No. 36, supra, page 2133.

8510 PART IV.- MrSCEL· l,ANEOUS. LABOUR. Wages Act. 9 GEO. V. No. 19, feeding, driving, or otherwise in connection with any mortgaged stock, owing to such land, crop, machinery, or stock having been taken possession of or sold by the mortgagee, or owing to the cheques, drafts, or orders of the mortgagor being drawn upon and dishonoured by the mortgagee, the mortgagee shall, as between himself and such worker, be deemed to be and to have been the employer of such worker. The mortgagor shall be deemed in the hiring of such worker to have acted as the duly authorised agent of the mortgagee, without prejudice. nevertheless, to any statement of accounts between mortgagor and mortgagee, and subject also to the following proviso, namely:- ~ ia~ ility. That such mortgagee shall not be liable for any lmImonittehdstforo S m IX wages accrued more than six m . ont . hs previous to the application date of such worker's first applIcatIOn for such wages !°lriwages or to such mortgagee, or a like period previous to the date p~ s! ~ sion of of such mortgagee having taken possession of such land, land, &c. crop. machinery, or stock, whichever of such dates was first in time. Liability not (2.) The liability hereby imposed upon the mort- : u~ ~ : ten gagee shall not in any manner weaken or interfere with duties. rights and the powers, duties, rights, and liabilities of the mortgagor as between himself and the worker. Worker (3.) If any worker has taken proceedings against 'having a mortgagor for wages (whether he has or has not ~ ~J: ~ : obtained an order for payment against the mortgagor), wages and, from any such cause as aforesaid, he fails to obtain ~ : ~ ! gor payment of such wages or any part· thereof from the fail~ g to mortgagor, he shall not, by reason of such proceedings, ~: ; i~ :: : :d lo~ eany. right ~ e would otherwise have to proceed under against thIS sectIOn agamst the mortgagee for the amount of such mortgallee. wages, or the unpaid part thereof, as well as the costs of the proceedings against the mortgagee, Warrant of (1.) In any case in which any warrant of distress is distress may issued to recover any wages due to a worker for any such wbehleetvhieerd work as afores"aId,sueh warran t sha11 and may be I eVI . ed property of upon and enforced against the mortgaged land, or any mmoorrttggaaggeoer. o pr r em · Ises, crop, mac h l ' nery, or s t oc k w h ereon or I . n con- nection with which such worker has been employed, notwithstanding that such land, premises, crop, machinery, or stock has been taken possession of by or on behalf of the mortgagee under his mortgage. Any such warrant, so far as concerns the said land, premises, crop, machinery, or stock, shall be deemed to

LABOUR. 8511 PARTIV,- -- - -- - -~ - - - - - - - - - - - - - - - 1918. Wages Act. l\ItSClEL- LANEOUS authorise a levy or distress and sale of or against the property of the mortgagee and also of or against the property of the mortgagor. Any sums so paid by or recovered from the mortgagee shall be deemed to. be advances made by the mortgagee to the mortgagor under the mortgage and secured thereby and recoverable there- under. (5.) This section shall, mutatis mutandis, apply to Section to and be deemed to include mines and all buildings, works, : i! ~ :d and machinery used in connection therewith; and the miners. word "mortgage" in this section includes any mortgage or bill of sale of ~ ny mine or building, works, or machinery used in connection therewith; and the word "miners" means and includes all persons employed in and about any mine or in connection therewith: Provided that the mortgagee shall, not be liable for any wages of a miner accrued more than one month prior to the date of such miner's first application for such wages to such mortgagee, or a like period previous to the date of such mortgagee having taken possession of the mine, buildings, work, or machinery, whichever of such dates was first in time. 3 7. (1.) The amount for the time being due to all Security for workers employed in or about a mine, in respect of their wages. wages or other earnings in relation to the mine, not exceeding four weeks' wages or earnings to each such person, shall be a first charge upon the claim, leasehold, or land in or on which such mine is situated, notwith- standing that such claim, leasehold, or land is mortgaged or charged to secure the payment of any other moneys or that there is any lien upon 'the same. And in the winding-up of a company formed for or engaged in working a mine, the amount (if any) due at the date of the. winding-up order to such persons in respect of such wages or earnings, not exceeding four weeks' wages or earnings to each such person, shall be paid in priority to all other debts, secured or unsecured, of the company. Such first charge shall include all cQsts awarded against any person or company in any pro- ceedings before a court to 'recover such wages or earnings, and any costs, charges, or expenses properly incurred in enforcing such order.. . The debts so charged upon a claim, leasehold, or land and the debts so payable in priority to all other

8512 PARTlV.- MISCEL- LANEOUS. LABOUR. • Wages A.ct. 9 GEO. Y. No. 19, debts of a company shall rank equally amongst tltem- selves, and, if necessary, shall abate in equal proportions between themselves, Con- • (2.) Section one hundred and fifty-nine of *"The asemqeunednmtlletlnts. M" 'tn'tng A C t O . J f 1898" I - S repea1ed . In section forty-four of t"The Contractors' and Work- men's Lien Act of 1906" the words '" The Mining Act of 1898,' or 'The Wages Act of 1870,' or 'The Wage8Act,1884,'" are repealed, and the words "'The Wage8 Act of 1918'" are inserted in lieu thereof. wpWrooirtpkheehrrot. lyd o in f g de 1 iv 3 er 8 t . h I e f calontyheesm, wpleoayreinr gunaplapwafruell, lybeddedtainings, toororlesf, uosresantoy goods in .his possession belonging to any worker, any court of petty sessions may inquire into the matter of such detention or refusal by complaint in a summary way, and make an order for the delivery, within such reason- able time as the court may appoint, of such clothes, apparel, bedding, tools, or other property. Any employer who refuses or neglects to obey such order shall be liable to a penalty not exc~ eding five pounds, and the court may, by' its warrant, cause such effects to be seized and delivered over to the worker. Minors may sue. 39. Any minor may sue or take any other proceed- ings under this Act in the same manner and to the same extent as if he were of full age. Court may 40. In all proceedings under this Aot the- court ~ ~ ; 4. ~ g~ : 8. shall have power to award costs to any of the parties to No. 204, such proceedings. B.21. Service of 41. (1.) All notices, orders, or documents required n l o b rod . t I s? C sr. e s s , 2 , 3 & , c 3 . 7, ebI . yt h tehrispAercstontoa II bye osrerbvyedreognistaenryedpelrestotenr sahdadllrebsesesderavne d d posted to the last-known place of abode or business of such person, or shall be served in such manner and on such person as the rules direct, or as the court or the judge thereof in any particular case, by memorandum indorsed on the notice, order, or document to be served, directs. . lS e e g r a vji p ce ro o c f ess. to t h (2e.) reSceorvveicrye 0 o f f waangye!!! l,egoarl d parmocaegsess f f oorr ' noor ni- npcaiydmenetna , tl thereof, or on any cheque, draft, or order given in respect of such wages, may be effected on the employer by leaving * 62 Vic. No. 24, supra, page 2178. t 6 Edw. VII. No. 30, supra, page 1242.

1918. LABOUR. Wages Act. 8513 P,\RT IV.- MISCEL- LANEOUS. such process with or delivering the same to the manager or overseer for the time being of the works, or place at or in respect of which such wages have been earned. This subsection shall not affect any other mode of service allowed by law. 42. (1.) Where an offence for which an employer or When ag~t contractor is by virtue of this Act liable to a penalty has, ~ ~ ~ : : . ployer in fact, been committed by some agent of the employer N.Z. 1908, or contractor or other person, such agent or other person ~ ~ O: 04. shall be liable to the same penalty as if he were the employer or contractor. , (2.) . Where an employer or contractor is charged Employer or with an offence against this Act, he shall be entitled, upon ~ ~ : : ~ ~ tf~ m information duly laid by him, to have any other person liabil~ t~ on whom he charges as the actual offender brought before ~ ~ ~ rtion of the court at the time appointed for hearing the charge; offender. and if, after the commission of the offence has .been proved, the employer or contractor proves to thesatis- faction of the court that he has used due diligence to enforce the execution of this Act, and that the said other person had committed the offence in question without his knowledge, consent, or connivance, the sai~ other person shall be convicted of such offence. and the employer or contractor shall 'be exempt from liability, and shall be entitled to recover from the actual offender an , y reas . onable costs he may have been put to. 43. All penalties under this Act may be recovered Penalties by comp 1 am ' t ' ' m a summary waym. acc. ordan'ceWl' t,h *" Th e sreucmomvearraiblyle. Justices Acts, 1886 to 1909." lb. s. 4.1. 44. (1.) No person shall be punished as for a second Provisions all offence under this Act of a like nature to the first : : Je: r~ offence under this Act unless ten days at the least have offences. m. t ervened bet ween th' e conV1,CtI'On 0 f such person for the 4 lb 4 . . ss. 42 to first and the conviction of such person for the second offence; but each separate offence committed by him before the expiration of the said ten days shall be , punishable by a' separate penalty, as though the same , were a first offence. (2.) If in any proceedings for a penalty under thisIf~ o , Act the com~ lainant is not abl~ , or doe~ ~ ot see fit, ; : ~ e: : of a to produce eVIdence of any preVIOUS conVIctIOn or con- conviction, victions, the o~ ender shall be punished for each separate ~ : : ! ~ d to be _ - * - 5 - 0 V - ic. - N - o. - 17 - and - a - me - nd - ing - A - cts - , s - up - ra, - pa - ge - 11 - 32. - - - - - ' c ' separate.

8514 PART IV.- MISCEL- LANEOUS. LABOUR. Wages Act. 9 GEO. V. No. 19, offence committed by him against this Act by an equal number of distinct and separate penalties, as though each of such offences were a first or second offence, as the case may be. ~ rnit of (3.) No person shall be proceeded against or punished ; : : e~ : ~ ion. as for a second or as for a subsequent offence after more than six months from the commission of the next pre- ceding offence. Evidence of (4.) It shall be sufficient evidence of a previous con- : o~ : : ~ ~ ' : . viction under this Act if a certificate signed by the proper officer having the custody of the record of such ·previous conviction, or of the proceedings of the court in which such conviction was obtained, is produced to any court inquiring of a second or subsequent offence, or in any case where it is necessary to prove such previous conviction, in which certificate shaH be stated in a compendious form the general nature of the offence for which such previous conviction was had, and the date of such conviction. It shall not in any case be 'necessary to prove the signature or official status of the officer signing or giving such certificate, or that the said conviction, was not quashed, or reversed on appeal, or otherwise howsoever. Partner not 45. (1.) No person shall be liable to be convicted of I ~ n o b ce e r l t iB am ;bJe any offence against this Act committed by his copartner cases. in business, and without his knowledge, privity, or con- N No .Z . . 2 1 0 9 4 0 , 8, . sent; but it shall be lawful, when any penalty or sum for 8B. 45, 46. wages, or any other sum, is ordered to be paid under the authority of this Act, and the person ordered to pay -the same neglects or refuses to do so, to levy the same by distress and sale of any goods or chattels belonging to any copartnership, concern,.or business in the carrying- on of which such wages became due or such offence was committed. Judgment and execution against partners. (2.) In all proceedings to recover any sum due for wages it shall be lawful in all cases of copartnership for the court, at the hearing of any action for the non-payment thereof, to give judgment against anyone or more co- partners for the payment of the sum appearing to be due; and in such case the service of a copy of the summons or other process upon one or more of such copartners shall be deemed to be service upon all; and any execution or other process may be had and enforced upon any such judgment in accordance with the ordinary law and practice affecting such court.

1918. LABOUR. Wages Act. 8515 PABTIV.- MrSCEL f.ANEOUS. 46. Nothing in this Act shall be construed- (a) To prejudice any other remedy which a worker Other. may have against the contractor in respect of ~ ~ ~: ~ c= the debt due to him, or, save as expressly or rights provided, to affect any right subsisting nnder ~ : ; ; : n any contract between any contractor aDd the varied. Person emplo . v J ~ ing h , I·m· or N N . o Z . . 2 1 0 9 4 0 , 8, ss. 18, 19. (b) To lessen the security held in respect of work Not to apply done upon a moveable chattel by a worker 'cthoaptteerslOs I I ; D al who has a right of a lien thereon and may possession of retain or sell the same in payment of his worker. work; or (c) To limit or affect the provisions of *" The Industrial Arbitration Act of 1916" or any award or agreement thereunder. 4 7. Nothing in this Act shall authorise the imprison- Females not ment of any female. f~ ; risoned. Number. SCHEDULE 1. Title. [so 2.] Extent of RepeaL 25 Vie. No. 11 "Masters and Servants Act of 1861" The whole. 34 Vie. No. 16 " The Wages Act of 1870" The whole. 48 Vie. No. 14 " The Wages Act, 1884" .• The whole. SCHEDULE H. [ss. 7,8, 14.] (l.) NOTIOE OF ATTACHMENT. To [name of employer]. Pursuant to Part H. of "The Wages Act of 1918," take notice that, [name of contractor] being indebted to me [or us] in the sum of £ [or in the sums set opposite our signatures] for wages, you are hereby required to retain in your hands all moneys due or accruing due from you to the said [name of contractor]. Dated this day of A.B., [Worker] ,19 . £ [Amount owing] C.D.,,, E. F.,,, £" £" * 7 Geo. V. No. 16, 8upra,page 7538.

8516 LABOUR. Workers' Compensation Acts Amendment Act. 9 GEO. V. No. 21, ---- ~ .- . . . . - ~ - - - (2.) ORDER FOR PAYMENT OF AMOUNT DUE TO WORKER. In the Court, District. Between A. B., plaintiff, and C. D., defendant. To [name of employer], of . The above-named plaintiff having on the day of ,19. obtained a judgment in this court against the above-named defendant for the sum of £ for wages, you are hereby ordered, under n. Part of "The Wages Act ot 1918," to pay to the plaintiff the afore- said amount out of any moneys now due or from time to time becoming due from you to the defendant. Dated this day of • 19 . [Seal of Court.] Clerk of Petty Sessions [or Registrar]. (3.) REOEIPT TO BE GIVEN 'BY WORKER ON PAYMENT OF HIS CLAIM. I hereby acknowledge that the sum of £ , due to me by [name of contractor], for which I obtained judgment in the Court n. at on the day of , 19 , under Part of " The Wages Act 01 1918," has been fully paid by [name of person paying-:-i.e., contractor or emp'loyer]. Dated this day of , 19 A.B [Worker]. 9NGoe.o 2 . 1 V . . An Act to Amend the Workers' Compensation Acts THE in certain specified particulars, and to extend WORKERS' COMPENSA- the operation of "The Workers' Compensation TION ACTS AMENDMENT Act Amendment Act of 1916" by repealing ACT OF 1918. all provisions limiting the duration of the said Act, and for other consequential·purposes. [ASSENTED '1'0 23RD l.\OYEMBER, 1918.J 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:- Short title 1. This Act may be cited as " The Workers' Com- : ~ ! truct. ion pensation Acts Amendment Act of 1918," and shall be of Act. read as one with *"The Workers'CompensationAct of 1916," herein referred to as the Principal Act. The * 6 Geo. V. No. 35 and 7 Geo. V. No. 26, reprinted as amended by this Act, infra, Appendix E, page 8745.