Wages Boards Act Amendment Act of 1912 (2 Geo v No. 30) (Qld)

5.182 LABOUR. Wage, Board, Aat Amendment Act. 2 GEO. V. No. 30, 2 Geo. V. No. 30. THE WAGES BOARDS ACT AMENDMENT ACT OF 1912. An Act to Amend "The Wages Boards Act of 1908." [ASSENTED TO 9TH JANUARY, 1912.] B E it enacted by the King's Most Excellent Majesty, . hy 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 shall be read as one with" The Wages { a ! n o d nstrnc\.ioll Boards Act of 1908,"* herein referred to as the Principal of Act. Act, and may be cited together with that Act as " 'l'he Wages BorJ}-ds Acts, 190ti-1912," or separately as " The Wages Boa1'ds Act Amendment Act of1912." Amendment 2. The following amendments are made in section of s. 2. two of the Principal Act:- 'fhe following words are added to the definition of " Apprentice," namely :-" for the purpose of being instructed in the knowledge and practice of any process, trade, business, or industry for a period of not less than three years." The following words are added to the definition of "Clothing or wearing apparel," namely :-" also umbrellas, hats, shirts and other underclothing, and gloves." The definitions of "Furniture" and "Improver" are repealed, and the following definitions are inserted in lieu thereof:- "Employer" means any person who employs any other person at or in or in connection with any process, trade, business, or industry: for the purposes of this Act, the term includes the managing director or the manager of any . company, firm, or association, corporate or· unincorporate, and every manager for any employer: the term does not include any fore- man; " Employee" means any person who is or at any time during the last preceding nine months has been in the employment of an employer other than persons wbo are included in the definition of " employer" ; .. 8 Edw. VII. No. 8 sUI,ra, page 1300.

. LABOUR. - - - - - --- --- -- - -- - -- - -- - -- - -- - -- - -- ~ -- - - -- - -- - -- - - 1912. Wa,qes BOa/'ds Act Amendment Act. "Furniture" means furniture and all parts thereof of which wood forms a part, and such as is usually made by cabinet-makers, chairmakers, couchmakers, upholsterers, woodcarvers, or woodtul'ners: the term includes wire kapok fibre hair and other mattresses, bedsteads wholly or partly of iron, also drapings, hangings, carpets, linoleum!', and fioorcloths, aIm window blinds and veranda blilids; . "ImlJroVer" means any person under twenty-one years of age who receives a lower 'wages price or rate than that fixed by any Sp('('ial Board for persons other than apprentices, improvers, or young workers; ,or who, being o\'er twenty,one years of age, holds a license from an inspector to "york 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; " Youn~ vYorker" means any person under twenty- one years of age (other than an apprentice or an improveI') who receives a lower wages price or rate than that fixed by any Special Board for persons other than apprentices, improvers, or young workerR. 3. In subsection onc of section three of the l'rincipal Amendment Act, the words" or business" are repealed, and the words gf s. 3. "business or industry" are inserted in lieu thereof; also, the words "ordinary working hours" are repealed, and the words" ordinary daily or weekly working hours, or boih" are inserted in lieu thereof; also, after the 'words " specified locality", the words " or localities" are inserted. The following provision is added to the subsection :- The Governor in Council may, if he thinks fit, from time to time, increa<:e the number ~ f members 01' decrease the number of membprs of any duly appointed ~ pecial Board, whether appointed before or after the first day of January, one thousand nine hundred an.l twelve, provided that the number thereof shall not exceed tW'elve or be less than four, exclusive of the Chairman, and that the number of representatives of employers and employees rcspec- t i",.ely as hereinafter provided shall alwa)s remain equal. 4 In section four of th\! Principal Act, the word Amendment " trade", where it twice occurs, is repealed, and the words of 8. 4.

;/,i154 LABOUR lI"agcsBoards Act Ameflllmcnl Act. 2 G EO. V. No. 30, "process, trade,. business, or industry" are respectively inserted in lieu thereof. The following proviso is added to subsection three of the said 'section :- Provided that when the Order in Council appointing a SpeCii1.1 Board is rescindl'd the members of such Special Boant shall fort hwithcease to hold office. After'sub!'.eCtionthree of the said section, the foUow- in!! subsection is ins'erted :-,- J, (. ~ ) ~ 0 person shall be eligible to be appointed or elected as employees' representative on more than two special Boards. Amendment 5. In section five, the words "one month" are of s. 5. repealed, and the words" two months" are inserted in' lieu thereof~ also, the ,,;ords "trade or business", where they thrice occur, are repealed, and the words "process, trade, business, or industry" are respectively inserted in lieu thereof. ' Amendment· 6. In scctionsev~ n of the Principal Act, after the ofs.7. word" employers", the words "and of the employees respectively" are inserted; the words "three representa- tives" are repealed. and the words ';two representatives each" are inserted in lieu thereof; also, after the word "two", the words" representatives each" are inserted. ·7. After section nine of the Principal Act, the follow- ing section is inserted : - Oath of otftce. [9A.J Before the Chairman or any member of aSpeci~ l Board enters upon the duties of his office, he shall take and sign before a police magistrate a statutory declaration 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 false or inaccurate statement. ] ~ very such declaration shall be filed in the office of the Chief Inspector and recorded. . . 8. Section ten of the Principal Act is repealed, and the following section is inserted in lieu thereof : - Pow~ r8 of [10.] (t.) A Special Board may determine the lowest SpeClIIIBoard. wages prices or rates to be paid to any person or persons or classes of persons employed in repairing- . «(t) Any articles of clothing or wearing apparel or furniture with respect to which such Board makes a deternrination ; or .

LABOUR. 1912. ,·.1f Ta' lf'S BoardsAtt A11ler/(lment ACt: (b) Any articles which are subject to the deter~ minatioll of a Special Board for any process, trade, business, or industry. (2.) A Special Board, whpn making a. determination, 1llay determine- (et) 'fhe place and time of payment of wages or for piece work; (b) rrhat an employer shall or shall not' give certain notice to an employee ofintention to work overtime, and failing notice he shall or .shall not provide payment for meals of an employee; (c) The duration of time to be allowed for meals or other intervals of cessation fromwork, und .the periods of time between such intervals;. (d) The. extra wages to be paid for ~ llly time worked on a particular du,y or d&ys during any year. 9. '1'he following provision is added to .section Amendment fourteen of the Principal Act:- of~ . H. For the purposes of compelling the atten'danccof persons to give evidence and the punishment of persons failing to attend when summoned or refusing to give evidence orproduce documents or writings in their posses~ sion or power, such Chairman shall have all the po,Yets and authorities of a police magistrate sitting jna court or petty sessions. 10. In subsection one of section tHteen of the Prin- Amf!udnwnt cipalAct-._ of s. 1&. . The worns "or business", where t h('y twice occur, are repealed, and the words "business or ind ustry" are inserted in lieu thereof. After the words "any such articles", the words "or for doing any work" are inserted. 11. Sections nineteen to twenty-three, inclusive, of the Principal Act are i'epealed, and the following sections are inserted in lieu thereof :- . . [19.J Every Special Board, when fixing the lo,vest BO!lrd when wages price or rate to be paid to any person or persons or ! ~~~ ~um classes of persons, shall also determine the maximum number wage shall of ordinary working hours per day and per week, and the ~~ ~:: um periods of time within which such hours shall be worked, number of for which such lowest· wages price or rate shaH be. payable hours, &0.

IHB6 LABOUR. Wages Boaras Act Amendment Act. 2 G KO. Y. No 30, according to the nature or conditions of the work; and the wages price or rate payable for any shorter time worked shall not be less than a pro ratd amount of such price or rate. rrhe Board may also fix a higher wages price or rate than that set forth in the determination of the Board as the price or rate payable for the maximum number of hours per day or per week which shall be paid to any employee who works for any time in excess of the maxi- mum number of ordinary working hours so fixed. • Power to 120.J (1) The Governor in Council may, by Order- in extend wope Council published in the Gazette, extend the powers of any ( B )f oSaprde. cial Special Board so that such Board may fix: the lowest prices or rates for anyalticles or for doing any work in any process, trade, business, or industry, or part of any such process, trade, business, or industr·y, which, in the opinion of the Governor in Council, may be of the same or similar class or character as or to the articles or work .£01' which such Board was appointed; and such Board shall, as regards the articles or work in the process, trade, business, or industry mentioned in the extending Order in Council, have all 'the powers conferred on a Special Board by this Act. Evidence. (2.) A copy of the GaZ'3tte containing such Order sha11 be conclusive evidence of tho making of such Order, and such Order shall not be liable to be challenged or disputed in any Court whatever. Apprentices, Impl'overs, and Young Wm·kers. Apprentices, [21. J (1.) vVhen determining any prices or rates of iamnPdlyoovuernsg, payment, a Special Board may also determine the number workers. or proportionate number of apprentices, improvers, or young workers ,"yho may be employed by anyone employer, and the lowest prices or rates of pay payable to apprentices, improvers, or young workers in wholly or partly preparing or manufacturing any articles, or doing any work as to which such Special Board has made a determination, or when engaged in any process, trade. business, or industry respecting which such Special Board has made a determination: Provided that no young worker shall be employed at any class or kind of skilled labour. :\ Special Board may also determine the conditions under which apprentices may be indentured. (2.) The Hoard, when so determining', may take into consideration the age. ses, and experience of such appren- tices, improvers, or young workers, and may fix a scale of

LABOUR. 5181 1912. Wa.qea Boards A.ct .Amendment A.ct. prices or rates payable to such apprentices, improvers, or young workers respectively according to age, sex, or experience, and may fix a different proportion of male and female apprentices, improvers, or young workers. [22.J Where an employer through depression in any Permit for npruomcebsesr, otfrahdI.Se, ebmupslionyeeses,s soor asintdouasftfreyct htahse prreodpuocretId.Ontahtee aewpxhpisertreienntgnI.Cumesber number of apprentices employed by him, the 11inister,ofdemp1oyeea after full inquiry, may, if he thinks fit, permit him to re nee . continue employing such apprentices for the full term of their indentures. 12. In sections twenty-four and twenty-five of the Amendment Principal Act, the word "trade", wherever it occurs, is ~ ~ . SS. 24 and repealed, and the words "process, trade, business, or industry" are respectively inserted in lieu thereof. 13. In section twenty-seven of the Principal ACt, Amendment after the words "named in such license at", the words of s. 27. "such wage as the Inspector thinks fit, being not less than" are inserted. 14. In subsection one .of Rection twenty-nine of the Amendment Principal Act, after the word "articles", the 'words "or of~ . 29. for doing any work" are inserted. In subsection two of the said section (and in the marginal note thereto), the words "earnings of" are repealed, and the words "amount of work performed by" are inserted in lieu thereof. 15. In suosection one of section thirty of the Principal Amendment Act, the words "any Special Board" are repealed, and the of s. 30. vyords "the Chief Inspector pending confirmation by the Board," are inserted in lieu thereof; the word "such", before the words "Special Board", is repealed, and the word "any" is inserted in lieu thereof; also, the words "that Board" are repealed, and the words "the Chief Inspector pending confirmation by the Board," are inserted in lieu thereof; also, before the word "twelve", the words" a period not exceeding" are inserted. Subsection two of the said section is repealed, and the following subsection is inserted in lieu thereof:- (2.) The number of persons so licensed shall not, without the consent of such Special. Board, exceed the proportion of one-fifth of the whole number of persons employed by the same employer at the minimum wage fixed for adults or at piece-work rates: Provided that •

iJ88 LABOUR. Wa.qes Boards Act A»i'!1ldmentAct. 2 Gw V. No. 30, one person so licensed may be employed by anyone employer. Any employer who, without consent, employs any greater number than such proportion shall be guilty of a contravention of this Act. In subsection three of the said section, the words "by a Special Board" are repealed. 16. Section thirty-one of the Principal Act is repealed, and the following section is inserted in lieu thereof:- Determina- [31.J Subject to the provisions hereinafter contained tion to . relating to the suspension of the operation of any deter- froemrcaeIlflo I r II what ml . na , tlOn or pal' t thereo f ,a de t erml . na t' IOn 0 f any SpeC' la I period. Board, whethcl' an original determination OT an ameRded determination, shall, from a date fixed by such Board (not being within sixty days of such determination), remain in force for a period of twelve months, and also thereafter until it has been amended by another determination of such Board. When the Order in Council appointing a Special Board is rescinded, such rescission shall not affpct the opera- tion of any determination made by such Hoard and then in force, but such determination shall remain in force until sn"pended, superseded, or (,therwise dealt with under this Act. Amendment 17. In section thirty-five of the Principal Act, after of 8. 35. the words "manufacturing articles", the words "or doing any work" are inserted; after the words" preparing or manufacturing", where they secondly occur, the words "or doing" are inserted, and the following words are added to the section, namely :-"or for doing any· work whether in connection with a factory or not." Amendment 18. In subsection onc of section thirty-six of the of s. 36. Principal Act, after the word" determination", wh~ ) re it first occurs, the words "or any part of the determination" are inserted; after the word "determination", wherever it afterwards occurs in the said subsectioll, the words" or part thereof" are inserted. In subsection two of the said section, after the words "amended determination", the words "not being within sixty days of the making of such amendmellt" are inserted; . also, after the words" suspended determination", tile words "or suspended part thereof" are inserted. In subsection tliree of the said section, after the words "such determination", the words "or part thereof" are inserted.

LABOUR. . 1912. Wagf'S Boards Att Amendment Act. 19. After section thirty-seven of the Principal Act, the following section is inserted : - [37 A.] When, by the determination of a Special Hoard, Variation of a limit of time within \'vllic11 the ordinar • v daily workinglim w i o k r t. m of g hours shall be confined has been fixed, and thereby such hours. limit is different from the limit of the ordinary daily working hours of the majority of the .employees in any factory or shop, the Governor in Council may grant permission to the occupier thereof to 'alter the limit so fixed by such Board for the purpose of maintaining a uniform limit for all employees in such factory or shop: Providrd that the 'working hOllrs fixed by the Wages Hoal'd for any class of workers shall in no case be exceeded. 20. Section' thirty-seven ,of the Pt'incipal Act is Repeal of repealed, and the following section i'l inserted in lieu s. 37. thercof: ~ , When any person on anyone day is asked to perform Differential two or more classes of work to whieh a differential rate rates. fixed by a Hoard is applicable, such person shall llLl paid in respect of the time occupied in work on that day at. the highest rate fixed by the Board in respect of the different classes of work. 21. In section forty-one of the Principal Act, the Amendmet:t words "at or near the entrance of each and every factory, CIf s. 41. workroom, Ol' shop" are repealed, and the words" approved by the inspector in or at each and every factory, workroom, shop, or place" are inserted in lieu thereof; also, the words "as to the lowest prices or rates of payment determined by such Board" are repealed. 22. In section forty-two of the Principal Act, after Amendment the "word "articles", the words "or for doing any work" of s. 42. are inserted; also, the words" occupier of the factory" are repealed, and the word "employer" is inserted in lieu thereof.. 23. In sections forty-three and forty-four of the Amendment Principal Act, after the words "doing any work", the a o n f dss. 44 4 . 3 words "whether in connection with a factory or not" are respectively inserted, 24. In section forty-five of the Princil)al Act,the Amendment ,,"ord "twelve" is repealed, and the word "three" is of 8: 45~ inserted in lieu thereof; moreover, the words "may within twelve months after such money became due" are re- pealed, and the,words "if within fourteen days after such

5190 I.ABO[1R. Wag"s Boards Act Amendment Act. 2 GEO. V. No. 30, money became due he claims the amount thereof and is not paid the same in full may within one month after the date of such claim" are inserted in lieu thereof. Amendment ;2 5. 'rhe following provision is added to the said of s. 45. section forty-five : - If it i; proved that the employer has paid less than the rates fixed by the Special Board for a period of more than three months, the balance of wages due up to twelve months shall be paid into t1w Consolidated Revenue. Working in factory during prohibited hours. 26. After section forty-five of the Principal Act, the following sectiun is inserted:- [45A.J When a Special Board appointed to determine or fix the lowest price or rate which may be paid to any person for wholly 01' partly preparing or manufacturing any particular articles of furniture ha~ determined the periods of time within "W hich 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 determination relates at any time beyond such periods of time, if for such work such Special Board has determined the ordinary working hours, unless such partnership has first obtained the written permission of the Chief Inspector. Amendmeni 27. In section forty-seven of the Principal Act, the f i. 47. words "trade or business" are repealed, and the worQ.s " process, trade, businesl', or industry" are inserted in lieu thereof. Amendment 28. In section forty-eight of the Principal' Act, the of 8.48. words "until altered by another agreement entered into and ratified in like manner, or by a determination of a Special Board constituted for such trade or business and· having jurisdiction in such locality" are repealed, and the words "for a period to be agreed on, but not exceeding three years, or until sooner altered by another agreement entered into and ratifieq in like manner" are inserted in lieu thereof; also, the words "trade or business", wherever those words occur, are repealed, and the words "process, trade, business, or industry" are respectively inserted in' lieu thereof. Amendment 29. In the heading to section forty-nine of the of s. 49. Principal Act, the words "Trades and Businesses" are repealed, and the words" Processes, Trades, Businesses, and Industries" are inserted in lieu thereof.

LABOUR. 5191 1912. Wa.lJes Boards Act Amendment Act. In the said section forty-nine, before the word" trade", wherever' it occurs, the word "process" is respectively inserted; also, after the words "in which" the words " whether within the State or" are inserted. In the second paragraph of the said section, the words "he shall" are repealed, and the words "he may in his discretion" are inserted in lieu thereof;· also, before the words "shall call", the words "by such notIce" are inserted; also, the words "one month" are repealed, and the words "two months" are inserted in lieu thereof; also, before the words" shall exercise", the word "thereupon" is inserted. 30. After section forty-nine of the Principal Act, the following section is inserted under the following heading:- Inspection. [49A.] In every case where under this Act a Special :rowers of Board is created having jurisdiction throughout the whole Inspector. State, or with jurisdiction limited to any specified locality or district, any inspector authorised in that behalf by .writing under the hand of the Ohief Inspecto!' shall, for the purposes for which the Special Board was created, and for the purpose of carrying into effect any determina- tion of the Special Board, have and exercise all the powers, authorities, and duties of an inspector appointed for a district under' the Principal Act. 31. In section fifty of the Principal Act, the word Amendment "award" is repealed, and the word "determination" is of s. 50. inserted in lieu thereof. The following provision is added to the section :- No employer shall dismiss any employee from his employment on account of such employee being a member of a Special Board, or of his having given evidence at a meeting of any Special Board, or for endeavouring to secure the appointment of a Special Board. 32. In slibsection one of section fifty-one of the Princi- Amen~ eflt; pal Act, the words" or business", where they twice occur, ofs. 51. are repealed, and the words "business or industry" are respectively inserted in lieu thereof. After the word "articles," wllf~ re it twice occurs, the words" or for doing any work" are respectively inserted. I

In9~ LABOUR. Wages Boards Act Am6ndment Act. 2 GEO. V. No. 30, 1912. I After the, word" improver," where it twice occurs, the words " or young worker" are respectively inserted. The words "or any determination thereunder" are added to paragraph (c) of the said subsection. 33. After section fifty-one of the Principal Act, the following section is inserted :- ~ alse, [51A.] When under any determination of a Special omrfostramteamtlOennts Board' the amount 0 f wages payable by an emIp oyter 0 an by employees employee depends wholly or in part upon the age or to em . ployers. experI • e " nce or d ura t I ' On o f . pre ' vIOUS emp 1 oymen t 0 f 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. Amendment 34. In subsection·" (i.) of section fifty-two of the ofs.52. Principal Act, the words" trade or business" are repealed, and the words "process, trade, business, or industry" are inserted in lieu thereof; also, the words "occupier of a factory or shop" are repealed, and the word "employer" , is inserted in lieu thereof. " ' 35. The following section is added to the PrinGipal Act, and the Principal Act shall be read and construed as if the said section had been inserted therein at the date of the commencement of the Principal Act : - Power 0 [58.1 (1.) The Governor in Council may, by another ame~ ddoOr d Order in Council published in the Gazette, amend or rinesCcmounci r l. ere reSC • lnd any 0 l' der I.n C· ounCl '1 madeun: der thI' S A C t . Misnomer, & pr 0 e ., jundoitce to , (2.) No misnomer or inaccurate description or omission in or from any' Order in Council made under this Act shall in anywise prevent or abridge the operation of this Act with respect to the subject-matter, provided the same is designated so as to be understood. Informalities. ' (3.) No Order in Council purporting to be made 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. Repea.l of ss. 36 'Sections six, eleven, seventeen, twenty-eight, 6t- ll, 17, 28, thirty-four, "and thirty-eight of the Principal Act are 84, a.nd 38. repealed