“queensland statute reprints” · 2015-08-25 · essential services act 1979 s. 8 indemnified by...

Warning

“Queensland Statute Reprints” QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

QUEENSLAND

ESSENTIAL SERVICES ACT 8979, No. 45 [Reprinted as at 1 May, 19851

An Act relating to the protection of the community against the interruption or dislocation of essential services

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

I. Short title. This Act may be cited as the Essential Services Act 1979.

2. Operation of Act. (1) This Act shall be read as one with the Industrial Conciliation and Arbitration Act 196 1- 1976 but where any provision of this Act is inconsistent with any provision of that Act or of an award or industrial agreement the provision of this Act shall prevail and such other provision, to the extent of the inconsistency shall not apply.

(2) The several provisions of this Act shall be read and construed so as not to exceed the legislative power of the State, to the intent that where any such provision would, but for this provision, be construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.

3. Interpretation. (1) In this Act- "essential service" means

2 s. 3 ESSENTIAL SERVICES ACT 1979 s. 3

(a) any of the following services or facilities ordinafily available to the public:-

(i) public transportation of persons or freight other than taxi-cab services;

(ii) fire brigades; (iii) hospitals administered under the Hospitals Act 1936-

1979; (iv) ambulances; (v) electricity supplied by The QueensXand Electricity

Generating Board or any Electricity Board constituted under the Electricity Act 1 976- 1 979;

(vi) water; (vii) garbage, sanitav cleansing or sewerage;

(b) any activity concerned with supplying, for the puqose of any service or facility specified in garsigraph (a), aaagr commodity or thing necessary lfor maintaining that service or facility or concerned with providing for or facilitatir~g the use of any of the services or facilities specified in paragraph (a); and

(c) any other service or facility, being one concerned with public health or a public utility, or any activity on which such a service or facility depends for its maintenance or operation which has been declared by the Governor in Council by Order in Council to be an esserltial selwice for the puffposes of this Act;

'6Minister9' means the Prenunier of Queensland or other Minister of the Crown for the time being charged with take administration of this Act and includes any Minister of the Crown who is temporarily pedosming the duties of the Minister;

""gfiod of emergency" means, in relation to any essential senvice, the time during which a proclamation of emergency made under section 5 relating to that essential semice is in force;

"strike" means the act of any employee or a number of employees which, if done by two or more employees, would constitute a strike vvithin the meaning of the Industrial Coazcikiatisn and Arbitmtion lace 196 11 - 1976 and includes the imposition of any ban or limitation on the nature of duties to be pedomed in the course of employment or orn the manner of pedorining such duties.

(2) In this Act, save where corrtrav intention appears, each of the follouring expressions:-

award, Commissioner, industrial aueement,

s. 4 ESSENTIAL SERVICES ACT 1979

Industrial Court, Industrial Commission, industrial union, lock-out, registrar, union,

has the meaning assigned to it by the Industrial Conciliation and Arbitration Act 196 1-1 976.

(3) In this Act reference to a body or association of persons, whether by way of the term "union" or otherwise, includes reference to a branch in Queensland of a body or association of persons that is registered or incorporated or exists elsewhere.

4. Arrangement of Act. 'Fhis Act is arranged in Parts as follows:--

5. Governor's power to proclaim. (1) If at any time it appears to the Governor in Council that any action has been taken or is immediately threatened by any person or by any number of persons whereby any essential service is or is likely to be interrupted or dislocated, the Governor may, by Proclamation published in the Gazette, decare that an emergency exists in relation to that essential service.

A declaration so made is in this Act referred to as a proclamation of emergency.

(2) A proclamation of emergency in relation to any essential service may be limited therein as to time, place and circumstance.

(3) The Governor in Council may determine thatvany Minister of the Crown nominated by him shall have, in respect of a particular essential service to which a proclamation of emergency relates or is to relate, the powers prescribed by this Act as the powers of the Minister named in a proclamation of emergency.

Where such a determination is made the Minister of the Crown so determined shall be named in the proclamation of emergency relating to the essential service in question or, as the case may require, in a subsequent Proclamation that relates to the essential service in question and he shall have in respect of that essential service the powers prescribed by this Act as the powers of a Minister of the Crown so named.

(4) A proclamation of emergency shall be in force for the time limited therein, which shall not in any case exceed one month, or until the Proclamation declaring such emergency is revoked by a further


Proclamation (whichever period is the less) but the Governor may from time to time, by further Proclamation or Proclamations published in the Gazette, extend the operation of a proclamation of emergenc for

period exceed one month. tY a further period or further periods, which shall not in respect o any

6. Bowers of Minister named in Proclamation. (1) A Minister of the Crown named in a Proclamation pursuant to section 5 (3, whether a Proclamation whereby an emergency is declared or a subsequent Proclamation, may provide, operate, maintain, control, regulate and direct the essential service in respect of which he is so named, whether by way of continuation thereof, or in a modified form thereof, or by means of a substitute therefor, during the period of emergency and for that purpose may exercise all powers that he might exercise were he an employer of labour for the purposes of that essential service.

(2) Without limiting the generality of the provisions of subsection (I), the Minister of the Crown referred to in subsection (1) may, for the purpose of exercising the powers conferred by that subsection or any of them-

(a) prohibit persons employed in the provision, operation or maintenance of the essential service in respect of which he is so named from commencing a strike or direct persons ordinarily employed in or in connexion therevvith who are engaged in a strike to terminate such strike;

(b) direct what activities shall be performed for the purposes of the essential service in respect of which he is so named and upon what terms and conditions that essential service shall be provided by him;

(c) direct any person or any number of persons employed by the Crown or willing to comply with the direction to be even to provide, operate and maintain the essential service in respect of which he is so named or to perform activities specified by him in the direction for the purpose of that essential service, in either case, if he thinks fit, to the extent and upon the terns and conditions specified by him in the direction;

(d) direct at what times and places and upon what terms and conditions and in what manner the essential service in respect of which he is so named may be used or consumed or availed oc

(e) prohibit the provision, operation, maintenance, use or consumption of the essential service in respect of which he is so named except with his consent first had and obtained;

(f) requisition the use of property that is ordinarily used or, in his opinion, may be used in or in connexion with the provision, operation or maintenance of the essential service in respect of which he is so named;

(g) purchase any property or commodity for supply or distribution through the essential service in respect of which

ESSENTIAL SERVICES ACT 1979 s. 6 5

he is so named or for the manufacture of any goods or other commodity for supply or distribution through that essential service;

(h) provide for, control or regulate, by direction, prohibition or requisition, the operation, use, disposal, distribution, storage, repair and maintenance of any property or commodity that is ordinarily used or, in his opinion, may be used in or in connexion with the provision, operation or maintenance of the essential service in respect of which he is so named;

(i) authorize a person or any number of persons specified in the authority to enter upon any land, building or structure used in or in connexion with the provision, operation or maintenance of the essential service in respect of which he is so named pursuant to section 5 (3),

and may provide, by direction, prohibition or requisition, for any matter or thing incidental to the exercise of the powers conferred by any provision of this section.

(3) A person authorized by a Minister of the Crown pursuant to paragraph (i) of subsection (2) is entitled to enter upon the land, building or structure specified in the authority and therein to do-

(a) all such acts and things as he is directed under subsection (2) to do;

(b) all such acts and things as, in his opinion, should be done for the provision, operation and maintenance of the essential service for the purposes of which the land, building or structure is used.

(4) If the Minister of the Crown referred to in subsection (1) or his delegate or any person acting under his direction or authority incurs any expense in or in connexion with the provision, operation or maintenance of the essential service in respect of which the Minister of the Crown is named in a Proclamation pursuant to section 5 (31, such expense shall be deemed to have been incurred for the benefit of the person who ordinarily provides, operates or maintains that essential service and the amount of such expense may be recpvered by such Minister of the Crown from such lastmentioned person as a debt due and owing to him by action in any court of competent jurisdiction.

(5) A person who is required to perform any activity for the purpose of complying with a direction given under this section, whether it is directed to him or to another-

(a) shall, in the case of a person who is an employee of the Crown, be deemed to perform that activity in the course of his employment;

(b) shall, in the case of any other person, be deemed to have entered into a contract of service with the Crown to perform that activity and to perform that activity in the course of his employment;

(c) shall, without prejudice to any other right to indemnity or compensation had by him under law, be entitled to be

ESSENTIAL SERVICES ACT 1979 s. 8

indemnified by and to recover by action against the Crown in respect of injury or damage suffered by him thro.ugh the deliberate act of another, if it appears that such act was done on account of this complying with or attempting to comply with such direction.

7. Application and operation of directions etc. ( 1 ) Any direction, prohibition or requisition issued or made under section 6-

(a) may be issued or made so as to apply to and have operation throughout the whole or any part of Queensland irrespective of whether the proclamation of emergency in question relates to the whole or part of Queensland;

(b) may be issued or made so as to operate for any period or periods or at any time or times or for any occasion or occasions specified therein but so that no direction, prohibition or requisition shall operate for longer than the duration of the proclamation of emergency in connexion with which it is issued or made;

(c) may be of general operation or of limited operation according to time, circumstance, conditions or restrictions;

(d) may be revoked at any time by the person who for the time being is the Minister of the Crown named in a Proclamation pursuant to section 5 (3) in respect of the essential service to which the direction, prohibition or requisition relates.

(2) The expiry or revocation of any direction, prohibition or requisition issued or made under section 6 shall not be taken to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of a failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.

8. Form of directions, etc. (1) A direction, prohibition or requisition issued or made under section 6 by a Minister of the Crown or his delegate-

(a) may be written or oral; (b) may be addressed or directed to any particular person or

persons or to any body or association of persons or to persons generally;

(c) may be brought to the notice of the person or persons to whom it is addressed or directed by publication or advertisement in any newspaper, magazine or other publication or by such other means as appear to such Minister of the Crown or, as the case may be, his delegate to be practicable, effectual, appropriate or expedient in the circumstances.

(2) An authority issued under paragraph (i) of section 6 (2) by a Minister of the Crown or his delegate shall be in writing and shall be furnished to the person authorized thereunder.

s. 9 ESSENTIAL SERVICES ACT 1979 s. 10 7

9. Compliance with dhections, etc. Every person to whom a direction, prohibition or requisition is addressed or directed under section 6 shall comply in every respect with the direction, prohibition or requisition.

Penalty: In the case of an offence by an individual, a penalty not exceeding

$1 000 and a daily penalty not exceeding $50; In the case of an offence by a body corporate, a penalty not

exceeding $10 000 and a daily penalty not exceeding $500.

(2) Where a direction, prohibition or requisition issued or made under section 6 is addressed or directed to any body or association of persons and requires the members of that body or association or a part of it to do or refrain from doing any act or thing-

(a) it shall be deemed that the direction, prohibition or requisition was addressed or directed to each person who at the time of its issue or making is a member of that body or association and that each such person has the obligation to comply therewith as prescribed by subsection .(I) and he shall be liable to be punished as prescribed by that subsection;

(b) it is the duty of every person concerned in the management or control of that body or association (including the secretary thereof)-

(i) to counsel the members of that body or association or, as the case may be, that part to comply in every respect with the direction, prohibition or requisition; and

(ii) to take all steps necessary or desirable to secure compliance in every respect with the direction, prohibition or requisition by the members of that body or association or, as the case may be, that part,

and all such persons shall discharge that duty.

Penalty: A penalty not exceeding $1 000.

(3) W e r e a direction, prohibition or requisition issued or made under section 6 is addressed or directed to any body or association of persons and requires that body or association (as distinct from its members) to do or refrain from doing any act or thing, then, in the event of the direction, prohibition or requisition not being complied with in every respect, it shall be deemed that the direction, prohibtion or requisition was addressed or directed to each person concerned in the management or control of the body or association (including in those persons the secretary thereof) and that each such person has the obligation to comply therewith as prescribed by subsection (1) and he shall be liable to be punished as prescribed by that subsection unless he shows that he has taken all steps reasonably open to him to secure compliance in every respect with the direction, prohibiton or, as the case may be, requisition.

10. Delegation of powers by Minister named in Roclamation. (1) The Minister of the Crown named in a Proclamation pursuant to section

8 s.11 ESSENTIAL SERVICES ACT 1979 s. 13

5 (3) may, by writing under his hand, delegate all or any of his powers under sectien 6 so that the delegated powers may be exercised by the delegate specified in the instrument of delegation within the scope of the authority conferred by the delegation,

(2) A delegation made under subsection (1) may be unrestricted or may be limited as to the matter or class of matter to which it is to relate or as to the part of Queensland in which it is to be effective.

(3) Every delegation made by a Minister of the Crown under subsection (1) shall be revocable at the will of that Minister or of a successor in his office and such a delegation shall not prevent-

(a) the delegation of the same power to any number of other persons; or

(b) the exercise by that Minister or a successor in his ofice of a power, the subject of the delegation.

11. No entitlement to compensation from Grown or its agents for loss, but entitlement to recompense. (1) A persons or a body or association of persons shall not be entitled to compensation from the Crown, any Minister of the Crown, a delegate of such Minister or any person who at the material time acted under the direction or authority of a Minister of the Crown or his delegate on account of monetary loss suffered by him by reason of a direction, prohibition or requisition issued under section 6 or by reason of complying with such a direction, prohibition or requisition addressed or directed to him or it.

(2) A person or a body or association of persons who, in complying with a direction or requisition issued under section 6 and addressed or directed to him or it, performs any work or renders any service shall be entitled to recompense from the Crown for such work or service.

82. Arbibation of recompense payable lander s. 11 (2). In default of agreement between a claimant for recompense under section 11 (2) on account of work performed or service rendered and the Minister of the Gr~wn named in a Proclamation pursuant to section 5 (3) in respect of the essential sewice for the purpose of which such work was performed or service was rendered, the Governor in Council shall appoint from among the Judges of the Supreme Court and District Courts of Queensland a single arbitrator and such Minister of the Crown shall refer the claim fo recompense to arbitration before that single arbitrator.

The Arbitration Act 1973 shall, subject to section 1 1, apply with respect to such arbitration and such Minister of the Crown and the claimant for recompense shall be deemed to be the parties thereto.

13. Recovery by Crown of recompense paid. (1) Where recompense has been paid by the Crown pursuant to section 11 (2) the Crown may recover the amount thereof-

(a), if the compliance that has occasioned the payment of recompense consisted in or was for the purpose of providing


a commodity or service to any person, from that person; or

(b) in any other case, from the person or body or association of persons whose action has been the cause or a contributing cause of the proclamation of emergency in connexion with which the recompense became payable.

(2) An amount of recompense recoverable under subsection (1) shall be deemed to be a debt due and owing to the Crown by the person or body or association of persons from whom it may be recovered under that. subsection and, where there is more than one such person or body or association of persons, shall be deemed to be a debt due and owing by them jointly and severally, and may be recovered by action in any court of competent jurisdiction.

(3) This section applies without prejudice to the application of section 6 (4) to the recovery of expenses incurred.

14. fiotection for administering proclamation of emergency. Save as is prescribed by section 11 the Crown, a Minister of the Crown, his delegate and any other person shall not incur any liability at law on account of anything done without negligence and that-

(a) is authorized by this Part or by a direction requisition or authority issued or made under section 6 to be done; or

(b) is done in good faith in a belief on reasonable grounds that it is authorized by this Part or by a direction requisidon or authority issued or made under section 6 to be done;"

15. Botection against discriminatory action arising out of emergency. (1) In this section-

"discriminatory action9' means- (a) in relation to a person who is an employee, dismissal or

demotion of the employee, injuring the employee in his employment, or altering the employee's position to his prejudice;

(b) in relation to a person who is not an employee, a refusal to make use of or to agree to make use of any goods or services offered by him or a refusal to supply or to agree to supply goods or services to him;

"prohibited reason" means the circumstance that a responsible person is not a member of a particular body or association of persons or has refused or failed to take part in industrial action affecting any essential service;

"responsible person" means any person who, during a period of emergency existing in relation to any essential service, accepts or continues employment and works in the provision, operation or maintenance of that essential service,

* Sic.

10 s.15 ESSENTIAL SERVICES ACT 1979 s. 115

(2) A person shall not, during a period of emergency existing in relation to any essential service or at any time thereafter-

(a) incite or counsel any person, whether an employer or not, to take discriminatory action against a responsible person for any prohibited reason;

(b) take or threaten to take any action against an employer with intent to coerce that employer to take &scriminatary action against a responsible person for any prohibited reason;

(c) take or threaten to take any action against a responsible person for any prohibited reason;

(d) take or threaten to take any disciplinary against a responsible person for any prohibited reason; or

(e) take or threaten to take or incite or counsel any person to take discriminatory action against any person for any prohibited reason.



exceeding $10 000 and a daily penalty not exceeding $500;

(3) An employer shall not, during a period of emergency existing in relation to any essential service or at any time thereafter, take or threaten to take discriminatory action against a responsible person in his employ for any prohibited reason.




(4) In proceedings for an offence defined in subsection (2) or ( 3 , if all the relevant facts and circumstances, other than the reason or intent of an action alleged in the charge, are proved, it shall lie upon the person charged to prove that the action was not actuated by any prohibited reason.

(5) Where an employer is convicted of an offence defined in subsection (3) the court by which he is convicted-

(a) may order that the responsible person to whom the charge of the offence relates be reimbursed any wages lost by him by reason of the offence; and

(b) if the offence consists in dismissal or demotion of the responsible person to whom the charge of the offence relates, may order that the responsible person be reinstated in his position from which he was dismissed or demoted or in a similar position.


316. Disciypllinary rules partly invalid. (1) A rule of any body or association of persons that purports to authorize or require the taking of disciplinary action in relation to any member of the body or association is invalid and of no effect to the extent that, but for this subsection, it would apply to a responsible person on account of his refusal or failure to take part in industrial action aKecting or that affected any essential seraice.

(2) In subsection (1) the expression "responsible person" has the meaning assigned to that expression by section 15.

PART IIP---INDUSTRIAE LAW AND ORDER 17. 18sacoaporaticibn of isndusbial uniolla. (1) An indust~al union shall,

upon and during registration, become and be for the punposes of this Act and f i r the pumose of enforcing against it a penalty provided for in this Act a body coqorate by its redstered name, having pevetual succession and a common seal.

(2) If the regstration of an indust~al union as such is cancelled pursuant to any provision of this Act, the reastration shall nevertheless be deemed to continue for the puqoses only of-

(a) procee&ngs taken with a view t~ the prevention or settlement of the dispute or situation that has occasioned the cancellation of reaseration; or

(b) proceedings taken with a view to the recove7 of penalties presc~bed by this Act and the recovev of the amount of any penalty imposed together with costs,

and such union shall be subject to the provisions of section 73 (2) of the Industrial &=ozciliation and Arbitration Act 1961-1976, as if such cancellation had been eaected pursuant to the said section 73.

18. Resumptiye provision in awards applicable to essential services. Dmfing a perkid of emergency existing in relation to any essential senice every award or imdustrkal ageement applicable to the pedomance of work in. the provision, operation or maintenance of that essential service shall be deemed to contain a provision that requires all employees engaged in such work to work on the conditions of the award or aseement, when their services are required by their employer, and ts pedom the work customafily required o f employees under the award or aseement and to pedorm that work in a manner customarily required in relation to that work.

19. Formulation of grievance sealing procedures, (1) There shall be fomulated in relation to each calling conee~xed in the provision, operation or maintenance of each essential service a procedure to be followed with a view to settlement, without strike action or other industB-ial action, of any gB-ievance that arises aflecting that essential service.

Such a procedure is in this section referred to as a ~ e v a n c e settling procedure.


(2) Every grievance settling procedure shall, as far as possible, be formulated by way of an agreement made between the union of employees employed in the calling concerned and the employers engaged in the essential sewice concerned or a union or association of such employers.

(3) Every agreement embodying a grievance settling procedure shall be filled with the regstrar and shall thereupon be dealt with as an ageement relating to an industfial matter in accordance with Part VI of the Industrial Conciliation and Arbitration Act 196 1 - 1976 and upon regstration in accordance with that Part shall be an industrial agreement to which that Act applies.

(4) In this section the expression "calling" does not include a calling in which the labour conditions are governed by any award or ind-ustfial ageement within the meaning of the Conciliation and Arbitration Act 1904 of the Commonwealth as subsequently amended or of any enactment passed in substitution for that Act.

20. Notificati~n to Iwd~asePial Commission of strike-reseaining order. (1) Where a Minister of the Crown named in a Proclamation in respect of any essential service pursuant to section 5 (3) or his delegate has issued an order of a descfiption referred to in paragapla (a) of section 6 (2) the person who issued the order shall cause a copy of the order to be furnished, as soon as is practicable, to the regstrar together with such other padiculars as such Minister of the Grown or delegate deems necessav to adequately noti& the Commissioners of the industrial a%ispute or inllanstrial situation to which the order relates.

(2) The receipt by the re~s t ra r of a copy order referred to in subsection (I) and the other pafiiculars (if any) furnished to him with it shall be deemed to be notification to all Commissioners of the industfial dispute or industfial situation to which the order relates and a Commissioner shall proceed to exercise the powers and discharge the functions confemed on him by the Industrial Concilation and Arbitration Act 1961-1976 ~ t k a view to the prompt prevention or settlement of that dispute or situation, subject to and in accordance ~ t h this Act.

21. Limih~on of me for condlia~asn procedwes, (1) A Commissioner who proceeds to exercise the powers and discharge the functions refersed $0 in section 20 (2) consequent upon a notification refemed to in that section or who is exercising or discharging such powers or functions when such a notification is received by the reastrar shall not extend his a f i n g of steps for the prompt prevention or settlement by conciliation of an industfial dispute or industial situation aRecting an essential sewrice beyond-

(a) the time when be forms the opinion that conciliation is unlikely to succeed or has failed; or

Qb) a time 14 days (or such longer pefiod not exceeding 28 days as is approved by the Minister of the Crown who caused such notification to be furnished) after he has commenced $0 take such steps,


whichever time is the earlier, but at such earlier time he shall take such steps as he thinks fit for the prompt prevention or settlement of that dispute or situation by arbitration.

(2) A Commissioner and the Full Bench of the Industrial Commission (upon a reference of any matter to it under the Industrial Conciliation and Arbitration Act 1961-1976) is hereby invested with jurisdiction to hear and determine by arbitration all questions that in his or its opinion fall to be determined in the course of an exercise of powers or a discharge of functions referred to in section 20 (2) whether or not such questions are in respect of an industrial matter within the meaning of that Act.

22. Duties of persons concerned in disputes aRecting essential services. (1) A person, being a party to an industrial dispute or an industrial situation affecting an essential service or being a representative or agent of such a party, who is summoned by a Commissioner or an industrial magistrate to attend, at a time and place specified in the summons, at a conference presided over by such Commissioner or magistrate-

(a) shall attend the conference in accordance with the summons; and

(b) shall continue his attendance at the conference as directed by the Commissioner or industrial ma&strate.

Penalty: a penalty not exceeding $1 000.

(2) A person, being a party to an industrial dispute or an industdal situation affecting an essential service, shall attend or be represented at each hearing held by the Industrial Commission or an industdd ma&strate in relation to such dispute or situation.

Penalty: In the case of an offence by an individual, a penalty grot exceeding

$1 000; In the case of an oRence by a body corporate, a penalty not

exceeding $10 000.

(3) A person engaged in a calling concerned in the provision, operation or maintenance of any essential service shall not engage in a strike in connexion with an inclustrial dispute or industrial situation that has been the subject of arbitration by the Industrial Commission, being an arbitration referred to in section 2 1.

Penalty: a penalty not exceeding $1 080.

(4) Subsection (3) applies whether the issue or issues in the industfial dispute or industrial situation that has been the subject of arbitration by a Commissioner is or are the only issue or issues in the strike proposed or engaged in or is or are joined with any other issue or issues.


23. Extended power to make order under s. 10% of Industrial Conciliation and Arlbitrdion Act. In relation to an award or industrial agreement that regulates conditions of employment in a calling concerned in the provision, operation or maintenance of any essential service the Industrial Commission may exercise the jurisdiction conferred on it by section 102 of the Industrial Conciliation a~zd Arbitration Act 196 1 - 1976 on the application of any of the persons referred to in subsection (1) of that section or on the application of the Minister (he being hereby authorized to make such an application).

24. Termination abf employment results from certain stnikes. ( 1 ) This section shall have operation and eEect only in relation to-

(a) a strike in respect of which the Governor in Council has declared, by Order in Council, that the section is to have operation and eEect; or

(b) a strike that is engaged in or continued within a period for wfich the Governor in Council has declared, by Order in Council, that the section is to have operation and effect; or

(c) a strike (being one to which neither paragaph (a) nor (b) is appropriate) that is engaged in or continued at any time when an Order in Council that declares the section is to have operation and eEect remains in dbrce.

An Order in Council such as is referred to in this subsection may be made at any time before a strike that is threatened is commenced or at any time after a strike has been commenced and in the latter case this section shall have operation and eEect in relation to that strike notGthstanding that at the s t~ke 's commencement this section had no operation or eEect in relation to it.

In no case shall this section have operation and eEect in relation to a strike that occurs on account solely of an unsafe or unhealthy system of work at a place of won'Bc cedified as being unsafe or unhealthy by a competent authority charged by law with the duty of inspecting the system of work at that place.

(2) Any person who- (a) engages in or continues to engage in a strike contraq to an

order duly made by a Minister of the Crown or his delegate, being an order of a desc~ption referred to in paragaph (a) of section 6 (2);

(b) engages in or continues to engage in a strike contrasgr to an order made by the Industrial Commission pursuant to the Inh~triaE Oneiliation alad Arbitration Act 196 1-1 996 and directed to any person or persons employed in the provision, operation or maintenance of any essentid senice; or

(c) engages in or continues to engage in a strike contrany to any provision of this Act,

and ss engages or continues to engage in the stfike for a peiod of 24 hou1.s from the time when this section first has operatian and effect in


relation to the strike or beyond the time when he is required to next present himself for work after the time when this section first has operation and effect in relation to the strike, whichever is the longer period, shall be deemed to have teminated, at the expiry of such longer period, ~ t h o u t further notice, the contract of service or for service under which he was employed at the date on which he commenced the strike.

(3) Where any person is to be deemed to have teminated his contract of sewice or for services pursuant to subsection (2) the continuity of his sewice with the employer by whom he was employed immediately before such termination shall be thereby broken subject however to restoration thereof pursuant to subsection (4).

(4) Not~thskanding the provisions of subsections (2) and (3) if a person whose contract of senice or for sewices is deemed to have been teminated pursuant to this section-

(a) applies for and is accepted for rre-employment by the employer by whom he was employed immediately befbre such temination thin 48 hours after the time when he would be required to next present himself for work following such temination had his contract not been so teminated; and

(b) is re-employed by that employer on the conditions of employment that applied to the work, in which he is engaged upon his re-employment, at the commencement of the sk~ke that has occasioned the temination,

then the Governor in Council may, by Order in Council, restore to such person the continuity of his sewice, which was broken pursuant to subsection (3) whereupon it shall be deemed that the continuity of sewice of such person with the employer was not broken as prescfi-ibed.

A restoration of continuity of service under this subsection may be made to a class of person without speci~ing any padicular n~ember of that class.

25. Instant termination of employment upon successive shikes within prescribed period, (1) This section shall have operation and e@ect only in relation to--

(a) a strike in respect sf which the Governor in Council has declared, by Order in Council, that the section is to have operation and eEect; or

(b) a strike that is engaged in within a p e ~ o d for which the Governor in Council has declared, by Order in Council, that the section is to have operation and eEect; OP

(6) a strike (being one to which neither paragaph (a) nor (b) is appropriate) that is engaged in at any time when an Order in Council that declares the section is to have operation and effect remains in force.

An Order in Council such as is refeued to in this subsection may be made at any time before a s t ~ k e that is threatened is csmme~~ced,


In no case shall this section have operation and effect in relation to a strike that occurs on account solely of an unsafe or unhealthy system of work at a place of work certified as being unsafe or unhealthy by a competent authority charged by law with the duty of inspecting the system of work at that place.

(2) Where a strike that adffects any essential service (being a strike in relation to which this section has operation and effect) is, within the prescribed period, commenced at any place of work in connexion with any demand or demands that is or include the same or substantially the same demand or demands as that or those in cpnnexion with which any previous strike that affected that essential service (whether or not a strike in relation to which this section had operation and effect) has occurred at the same or any other place of work a person employed in the provision, operation or maintenance of that essential service who engages in such first-mentioned strike shall be taken to have teminated the contract of service or for services under which he is employed at the date when he commenced such first-mentioned strike, upon his engaging in such strike and-

(a) the consequence prescribed by section 24 (3) shall ensue; and

(b) section 24 (4) shall apply in relation to that person.

(3) For the purposes of subsection (2) the expression ""pescribed period" means the period of six months from the termination of the strike last preceding the strike first-mentioned in subsection (2) that affected the essential service concerned.

26. Tesmina~om of emplog.w~enal: to be disregsded for ce&in pmpasses. A person whose contract of service or for services has been terminated pursuant to section 24 or 25 shall neve~heless be deemed to continue to be an employee in the calling in which he was engaged at the time when his contract was terminated and at the premises where he was then so engaged for the puspose only of the Industrial Commission exercising and discharging its powers, functions and duties with a view to the prevention or settlement of the dispute or situation that has occasioned the termination of his contract.

27. Lock-out in essential service prohibited. (1) Any person who institutes a lock-out against employees who ordinarily pedorm work in the provision, operation or maintenance of an essential service commits an oRence against this Act.


$1 000 and a daily penalty not exceeding $50; Bn the case of an opemace by a body corporate, a penalty not


(2) A person is not liable to be punished under subsection (1) in respect of a lock-out instituted by him against employees who are engaged in a stdce at the premises at which the lock-out occurs.


28. Dnlrgr of employer to record non-$bikers. (1) If some of the persons employed at any premises in work in the provision, operation or maintenance of any essential service engage or continue to engage duling a period of emergency, existing in relation to that essential service in a strike contrary to-

ea) an order duly made by a Minister of the Grown or his delegate, being an order of a description referred to in paragaph (a) of section 6 (2);

(b) an order made by the Industrial Commission pursuant to the Ina'usthl Conciliation and Arbitration Act 196 1- 1976; or

(c) any provision of this Act, it is the duty of the employer of labour for such work at those premises-

(d) to compile and keep a true record of the persons employed in such work at those premises who are not engaged in that strike; and

(e) if it be necessasy for the purpose specified in paragraph (d), to allow access to those premises and to keep those premises suficiently staged so that those who are not engaged in the strike may present themselves for work at those premises.

(2) The duties specified in parauaph (e) of subsection (1) shall be deen~ed to continue for such time as is suficient in the particular case to allow the true record refemed to in that subsection to be compiled.

(3) A record compiiled under subsection (1) shall, in any proceeding, be evidence and in the absence of evidence to the contrary, conclusive evidence of the matters contained therein relating to the strike in respect sf which it was so compiled.

29. Unladul demands on workers during certain strikes. (1) It is unladul to demand at any time (directly or indirectly) of any person who, d u ~ n g a pedod of emergency existing in relation to any essential senice, has accepted or continued employment and has worked in the provision, operation sr maintenance of that essential service that he make any payment to any person, body or association of persons or any fund what so eve^" or perfom any semice or do any other act or thing on account of his having so worked during a strike aKectixag that essential service.

(2) A rule of any body or association of persons that panvor$s to authsfize or require---

(a) enforcement of a demand of a description refemed to in subsection (I); or

(b) disciplinary action against any person on account of his failing to comply with a demand of a descdption refemed to in subsection (11,

is invalid and of no effect to the extent that, but f i r this subsection, it would autho~ze or require action specified in paragaph (a) or (b).


(3) If a demand of a description referred to in subsection (1) has been made on a person who, during a strike affecting any essential service, has worked in the provision, operation or maintenance of that essential service and a like demand has not been made on and, where it is not satisfied, enforced against the persons who are or were engaged in that strike, the demand shall be deemed without further proof to have been made on account of such person having so worked duP-ing that strike.

30. OdFFence to make agreement to avoid Ax%. ( I ) If after the commencement of this Act there is made between an employer sf labour (or any person acting on behalf of an employer of labour) and any person whose contract of service or for senices has been teminated pursuant to any provision of this Act or who, being a persona employed in the provision, operation or maintenance of any essential sewice, is one whose contract of service or for senices could be so terminated in the future (or any body or association of persons of either of those desc~ptions) an agreement that has the eRect of-

(a) negatim or avoiding any provision of this Act or the eEect of the operation of any provision of this Act; or

(b) indemnifying or protecting any person against the eKect of the operation of any provision of this Act,

each of the padies to the agreement commits an ogence against this Act.

Penalty: In the ease of an oEence by an individual, being an employer

of labour or a person who in making the agreement acts on behalf of an employer of labour or a body or association of persons, a minimum of $2 000 per unit of the number of persons which, at the time the ageement is made, is the number of persons for whose benefit the ageement is made, with a maximum of $50 000;

In the case of an oEence by any other individual, a minimum of $500 per unit of the number of persons which, at the time the aueement is made, is the number of persons for whose benefit the agreement is made, with a maxi.mum of $5 000;

In the case of an ofSence by a body co~ora te , a minimum of $5 000 per unit of the number of persons which, at the time the agreement is made, is the number of persons for whose benefit the agreement is made, with a maximum of $100 000.

(2) Where the mafing of an ageement csnstitutes the oRence defined in subsection (1) the ageemenk made is void and of no force or eBect, ~ t h o u t prejudice to the liability of the p a ~ i e s thereto as prescfibed by that subsection and whether or not any person has been prosecuted in respect thereof.


338. Union liabiliq for damages awibutable to certain strikes. (1) Where any member or members of a union who is or are employed in the provision, operation or maintenance of any essential service engage or continue to engage in a strike contrary to-

(a) an order duly made by a Minister of the Grown or his delegate, being an order of a description refened to in paragaph (a) of section 6 (2); or

(b) an order made by the Industrial Commission pursuant to the Industrial Conciliation and Arbitration Act 196 l -1 876 dufing a period of' emergency existing in relation to that essential sewice,

and any person suEers damage a~simig from or attglibutable to such s t ~ k e , such union shall be deemed to have committed an unlawful act (consisting in the engadnag or continuing to engage in the strike contrav to such order) that is the direct cause of such damage unless it is shown that the act of so engadng or continuing to engage in such strike has occumed contrary to an express diwction issued by the union and that the union has taken a l steps reasonably open to it to prevent or, as the case miagr be, terminate such strike.

(2) Any person who has suKered damage of a description refemed to in subsectio~n (1) may recover by action in a court of competent juglisdiction the amount of such damage together with costs.

(3) If by reason of the suspension or cancellation o' the regstation of a union from which damages refened to in the subsection may be sou&t the cause of action cannot be litigated any p e ~ o d of limitation a.pplicable to that cause shall not mn while the seastration is suspended or cancelled and the cause of action shall be deemed to sumive so as $0 be enfo~eable against any body or association of persons that becomes re&stered as an industial union in the place of that union, whether in the same or another name.

Extension sf callings represented by a union to include any calling represented by a union whose registration has been suspearded or cancelled shall not, for the purposes of this subsection constitute redstration of the union firs"smentioned in the place of the union secondly-mentioned.

32, De-registration of u ~ i o n s and vacating of union @aces in certain e~ents. (1) If, dufing a pefiod of emergency existing in relation to any essential service---

(a) a union that represents a calling concerned in the provision, operation or maintenance of that essential seradce contravenes any provision of this Act, or fails to comply in every respect ~ t h any direction, prohibition, requisition or order issued or made pursuant to authority confe~erred by this Act or some other Act, directed to it and directed towards teminating the pefiod of emergency; or

(b) any person holding an ofice within a union that represents a calling concerned in the provision, operation or

ESSENTIAL SERVICES ACT 1979 s. 32

maintenance of that essential service incites or counsels any person or persons, whether particular persons or a class of person, to contravene any provision of this Act or to fail to comply in every respect with any direction, prohibition, requisition or order issued or made pursuant to authority conferred by this Act or some other Act, directed to such person, persons or class of person and directed towards the temination of the period of emergency; or

(c) any person holding an ofice within a union that represents a calling concerned in the provision, operation or maintenance of that essential service permits or suffers any other person to incite or counsel any person or persons, whether particular persons or a class of person, to contravene any provision of this Act or to fail to comply in every respect with any direction, prohibition, requisition or order issued or made pursuant to authority conferred by this Act or some other Act, directed to such person, persons or class of person and directed towards the temination of the period of emergency,

then- In the case referred to in paragagh (a), it shall be competent to

the Full Industrial Court to exefise the jufisdiction conferred on it by section 73 of the Pndustrial Concilkation and Arbitration Act 196 1 - 1976 to suspend or cancel (whol1y or pafiially) the regstration of the union under that Act, and for this purpose the Minister and the Minister of the Crown nominated under section 5 (3) in respect of the essential service in question shall each be deemed to be a person inleerested referred to in subsection (1) of that section;

In the case referred to in parauaph (b) or (c)-- (i) it shall be competent to the Full Indust~al Court to exercise

the jurisdiction conferred on it by section 73 of the Industrial Conciliation and Arbitration Act 196 1 - 1976 to suspend or cancel (wholly or padially) the redstration of the union under that Act and for this puqose the Minister and the Minister of the Crown nominated under section 5 (3) in respect of the essen.tial service in question shall each be deemed to be a person interested refemed to in subsection (1) of that section:

Provided that such coua shall not order suspension or cancellation of such regstration if it is shown on behalf of the union that in doing what he has done the person holding an ofice within the union acted ~ t h o u t the autho~ty of the union duly confened on him in accordance with its constitution and rules, and that the u~aion has taken all steps wasonably open to it to negate whzt such person has done;

(ii) the person holding an ofice within the union who has done the act or thing referred to in parauaph (b) or (c) may be called on by the Minister of the Crown named in a


Proclamation pursuant to section 5 (3) in respect of the essential service in relation to which the period of emergency exists, by notice in writing, to show cause to the Industrial Court at a place and time specified in the notice why his office within the union should not be declared vacant;

(iii) any person holding an office within the union, other than the office-holder referred to in subparagraph (ii) may be called on by the Minister of the Crown named in a Proclamation pursuant to section 5 (3) in respect of the essential service in relation to which the period of emergency exists, by notice in writing, to show cause to the Industrial Court at a place and time specified in the notice why his office within the union should not be declared vacant.

(2) For the purposes of subsection (1)- (a) it is immaterial whether the incitement or counsel achieves

its aim; (b) the term "office" has the meaning assigned to it by the

Industrial Conciliation and Arbitration Act 196 1- 1976.

(3) Subject to this subsection, a person shall be liable to have the office held by him within a union declared vacant upon a show-cause proceeding referred to in subsection (1) whether or not he is prosecuted for an offence on account of any act or thing referred to in paragaph (b) or (c) of that subsection and on his part performed.

If upon a show-cause proceeding referred to in subsection (1) the Industrial Court-

(a) in the case of a person called on to show cause pursuant to subparagraph (ii) of subsection (I), is satisfied on the balance of probabilities that such person was at the material time and still is the holder of an office within a union and has done the act or thing referred to in paragaph (b) or (c) of subsection (1) alleged against him; or

(b) in the case of a person called on to show cause pursuant to subparagaph (iii) of subsection (I), is satisfied on the balance of probabilities that such person was at the material time and still is the holder of an ofice within a union and that another holder of an office within the union at the material time has done the act or thing referred to in paragraph (b) or (c) of subsection ( I ) alleged against him,

the Court shall, in the case referred to in paragaph (a), by its order declare the office within the union held by the person called on to show cause to be vacant and shall, in the case referred to in paragaph (b), by its order declare the office within the union held by the person called on to show cause to be vacant unless such person shows to .the Court's satisfaction that the act or thing referred to in paragraph (b) or (c) of subsection (I), which has been done, was done without his knowledge or without his consent and (in the absence of his consent) that he took all steps reasonably open to him to negate what has been done.


(4) Where, upon a show-cause proceeding referred to in subsection (I), the Industrial Court by its order declares any office within a union to be vacant the person who when the order is made held the ofice shall be deemed to have vacated that oflice on and from the day on which the order is made.

(5) If a person who, pursuant to this section, is deemed to have vacated any office had, by reason of or because of his holding such olffce, vested in him an authority to deal with or collect p rope~y of any kind, or to operate on accounts of any find, he shall be deemed to have lost such authority upon and by reason of his being deemed to have vacated the ofice, and any delegation or conferment of that authority on another made by hian shall be deemed to have lapsed by reason thereof.

(6) A person who held an office within a union and who, pursuant to this section, is to be deemed to have vacated that ofice sha%l nevefiheless be deemed to continue to be an agent or representative of the union f i r the purposes specified in section 1'9 as puvoses for which a union's redstration shall be deemed to continue.

The continuance of a person as agent or representative of a union pursuant to this subsection shall not prejudice the application of subsection (5) in respect of that person.

33. Union responsible for acts of members. (1) If during a p e ~ o d of emergency existing in relation to any essential semice any two or more persons employed or ordinady employed in the provision, operation or maintenance of that essential service, whether in the same calling or not-

(a) fail to comply in every ~ s p e c t with any direction, lplrshibition, requisition or order issued or made pursuant to this Act or some other Act and directed to such persons or to a class of person to which those persons belong; or

(b) contravene any provision of this Act, is shall be deemed, subject to subsection (2), that the union that represents the calling in which each of those persons is engaged in the pro%ision, operation or mainatenance of that essential semice has procured such hilure to comply or contravention and has thereby committed. a like offence as that committed by each of those persons.

(2) Subsection (1) does not apply if it is shown- (a) that such failure to comply or confmvention Baas occumed

contraffy to an express direction issued by the union and that the union has taken all steps reasonably opean to it to prevent or, as the case may be, terminate such failure or contravex~tion; or

(b) that none of the persons whose failure to comply or .contravention is to be deemed to have been procured by the union was, at "Ie time of the fadwe s r contravention


or at any time within six months prior to that time, a member of the union nor has since that time become a member of the union.

34. Gons~uctiow of penal@ provisions. Where in this Act a penalty is expressed to include a daily penalty it is to be implied that where the contravention, failure to comply or offence (however expressed) to which the penalty is attached continues for longer than one day the offender may be charged in one complaint with an offence alleged to extend over the period during which it has continued or any part thereof specified in the complaint and may be convicted and punished in respect of that offence as prescribed.

35. Roseentiow of oflences. (1) Any person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and may be proceeded against in respect of that offence before a District Court constituted by a Judge of District C o u ~ s sitting alone.

Every District Court is hereby invested with jurisdiction to inquire of, hear and detemine all matters of complaint brouggknt before it pursuant to this Act inespective of the place where the offence is alleged to have occuned.

(2) Proceedings in respect of an offence shall be instituted by way of a complaint in writing, approved by the Minister, and summons, as if such proceedings were to be instituted in a Ma@strates Coufi under the Justices Act 1884-19139.

The provisions of that Act relating to the f o m of complaint and summons and the sewice, endorsement and proof of service thereof shall apply, with all necessaq adaptations, with respect to a complaint and summons that institute proceedings pursuant to this section and, in particular, any reference therein to a Magstrates Coufi shall be read as a reference to a District C o u ~ and any reference to a clerk of a Ma@st~ates Cour%. (however expressed) shall be read as a reference to the registrar of the District Court before which the matter of complaint is to be brou@t.

(3) In any proceeding in respect of an oEerace a certificate pup-ggo~ing to be under the hand of the Minister and indicating that he has approved of the complaint specified therein shall be accepted as evidence and, in the Ea4osence of evidence to the colmtrau, conclusive evidence that it is the cefiificate of the Minister and of the matters contained therein.

(4) If at the time and place appointed by a summons directed to him the defendant does not appear when called and the court is satisfied of due sewice sf the summons upon the defendant a reasonable time behre the time so appointed or if at any time and place to which a matter of complainl has beenn adjourned the defendant does not appear when called the court may---

(a) proceed ex parte to hear and detemine the matter of complaint as fully and eRectually as if the defendant had


appeared before it in obedience to the summons or, as the case may be, the order of adjournment;

(b) upon oath being made before it substantiating the matter of complaint to its satisfaction, order the issue of a warrant to apprehend the defendant and to bring him before a District Court to answer the complaint and to be further dealt with according to law;

(c) upon the written plea of guilty of the defendant, if the court thinks fit so to do, proceed to convict the defendant and to impose on him a penalty in accordance with this Act;

(d) adjourn the hearing to a time and place to be then stated or to be determined and notified to the defendant before a District Court constituted by the same or any other judge of District Courts.

(5) Subject to this section, proceedings before a District Court in respect of an offence against this Act shall be had in accordance with rules of court made to regulate such proceedings and, in the absence of such rules, in accordance with directions given by the Judge constituting such court.

The power to make rules for regulating the procedure and practice of District Courts conferred by the District Courts Act 1967-1 976 includes power to make such rules relating to matters brought before District Courts pursuant to this Act.

36. Weeoveq of penalties. (1) Where an order for the payment of a penalty or costs is made against an offender against this Act an order that, upon default in payment of the same, the offender should be imprisoned or the same should be recovered by levy and distress shall not be made, but the following provisions of this section shall apply in relation to the recovery of the same.

(2) Where an order referred to in subsection ( I ) is made the registrar of the District Court having custody of the relevant record shall grant to the complainant, or other person authorized by the Minister, a certificate of such order in the prescribed form, which certificate may be registered in a court having jurisdiction to entertain civil proceedings in which the amount claimed is the amount of such order.

(3) The registrar of a court to whom a certificate referred to in subsection (2) is duly produced for registration shall, upon payment of the appropriate fee, register the certificate in the court and, upon such registration, the certificate shall be a record of the court in which it is registered and the order to which it refers shall be deemed to be a judgment of that court obtained by the Minister as plaintiff against the offender as defendant for the payment to the Minister of money comprising--

(a) the amount of the penalty; (b) any costs ordered to be paid by the offender in the proceedings

in which the penalty was imposed; and


(c) costs of registration of such certificate in such court, to the intent that like proceedings (including proceedings in bankmptcy) may be taken to recover the amount of the judgment as if the judgment had been made by such court in favour of the Minister.

37. Appeal from BSis@ict Court orders. A person a&eved by a decision of a District Court in proceedings in respect of offences against this Act may appeal therefrom by way of order to review as if such decision were that of justices constituting a Magstrates Court.

The provisions of Division 'I of Part BX of the Justices Act 1886- 1979 shall apply, with all necessary adaptations, with respect to the institution conduct and detemination of suck an appeal and in particular any reference therein to justices or a justice shall be read as a reference to a Judge of District Courts.

38. Evidemtiary and procedural aids. (1) Where for the puqoses of this Act it falls to be detemined whether any person or number of persons has engaged or has continued to engage in a strike contrapy to any direction, prohibition, requisition or order issued or made pursuant to this Act or some other Act or in contravention of any provision of this Act-

(a) it is competent to any court or the Industrial Commission to take judicial notice of the existence of a strike at any material time if in its opinion the existence of the strike is so well known as to require no further proof by evidence directed to that fact;

(b) in the case of a direction, prohibition, requisition or order directed to secuing that any person or persons or class of person should remain at work or return to work, it shall be presumed that the failuw of any person to comply with the same is due to his engagng or continuing to enwge in a s t ~ k e unless he shows to the satisfaction of the coeast or person to whom the question falls to be detemined that his failure to comply is due to some other cause.

(2) Where for the puvoses of this Act it falls to be determined whether any person alleged to be or to have been at any matefial time a member of a union or the holder of an o%ce within a asnion it shall be conclusively presumed that such person is or was at that time a member or holder of office as alleged unless he shows the contrarg, to the satishetion of the court to whom the question falls to be detemined.

(3) Where under this Act a question falls to be detemined by the Governor in Council any matter that is to be shown in relation to that question shall be s h o w to the satisfaction of the Minister of the Crown nominated pursuant to section 5 (3) in respect of the essential seavice in relation to which the question has arisen.


(4) In proceedings before the Industrial Court with a view to its exercise of jurisdiction referred to in section 3 1 or conferred by .that section---

(a) it shall be sufficient to prove the substance of any speech or statement claimed to constitute incitement or counsel referred to in that subsection and the court, if it is satisfied that the matter proved is the substance of such speech or statement, may exercise its jurrisdiction in those proceedings as prescribed notwithstanding that no evidence has been led as to the actual words used in such incitement or counsel;

(b) proof of publication in any newspaper regseered under the Printers and Newpapers Act 1953-1972 or in any magazine, document or writing that is or purpol-&s to be published by or on behalf of an industfial union or in any broadcast, made by any national broadcasting station or national television station within the meaning of the Broadcasting and Television Act 1942 of the Commonwealth as amended or of any Act passed in substitution Bbr that Act or by any commercial broadcasting station or commercial television station ~ t k i n the meaning of that Act as amended or of any Act passed in substitution for that Act, of any speech or extract therefrom or of any statement or of the substance of any speech or statement, being a speech, extract or statement that is, in such publication, attributed to any person on behalf of an industrial union or to any person holding a position of authofity in relation to the aEaiss sf an industffiall union shall be admissable as prima facie evidence and, in the absence of evidence to the contraq, conclusive evidence----

(i) that the speech or statement so published was in fact made by the person to whom it is so attffibuted;

(ii) where the speech or statement is so atthbuted to any person on behalf of an industfial union, that the industffial ~lnion procured such person to nnake such speech or statement;

(iii) where an extract only of the speech or statement is so published, that the speech or sbtement o f d i c h it puqolrts $0 be an extract was in fact made by the person to whom it is so attributed;

(iv) where the substance only of the speech or statement is so published, that the matter published tmly expresses the substance of a speech ar stateanent in fact made by the person to whom is is so attributed;

(c) judicial notice shall be taken of every national broadcasting station or national television station and of evev commercial broadcasting station or commercial television svation within the meaning of the Broadcasting and Television Act 1942 of the Commonwealth as amended or of any Act passed in substitution for that Act.

5.39 ESSENTIAL SERVICES ACT 1979 5. 40 27

(5) Where the registration of an industrial union has been suspended or cancelled, any process or other document for the purpose of any proceedings for the purposes of which the registration is under this Act to be deemed to continue shall be sufficiently served on the union if it is left at the address that, before such suspension or cancellation, was the registered address of the industrial union.

( 6 ) Where it is alleged that any person or any number of persons or any person or persons and any industrial union has or have committed offences of a like kind against this Act, being offences arising out of the one industrial dispute or industrial situation, charges of all or any of those offences may be joined in the one complaint and may be heard and detemined in the one proceeding.

39. Tabling of Proellamations and Orders in Conlineill. Every Proclamation and Order in Council made pursuant to this Act shall be laid before the Legislative Assembly wighin 14 days after its publication in the Gazette, if the Legislative Assembly is in session; or, if it is not in session, within 14 days after the commencement of the next session.

If the Legislative Assembly passes a resolution disallowing any such Proclamation or Order in Council of which resolution notice has been given at any time within fourteen sitting days of the Assembly after the Proclamation or Order in Council has been laid before it, such Proclamation or Order in Council shall thereupon cease to be of force and effect, but without prejudice to the validity of anything done in the meantime.

For the purpose of this section the expression "sitting days9' means days on which the Assembly actually sits for the despatch of business.

40. Regulations. The Governor in Council may make all such regulations as are necessary or convenient for the purpose of carrying this Act into effect.

67798 (rpre6)-By Authority: S. R. HAMPSON, Government Printer, Queensland

[This page is intentionall\? blank]

rock

blank page

INDEX

ESSENTIAL SERVICES ACT 1949

Act- . . . . . . . . . . . . . . . . . . . . . . . arrangement of .

. . . . . . . . . . . . . . offence to make agreement to avoid . . . . . . . . . . . . . . . . . . . . . . . operation of

. . . . . . . . . . . . . . . . . . . . . . . . . . short title

Appeal from District Court orders

Application- of directions, etc., issued under proclamation of emergency

Arbitrator- Governor in Council may appoint

Award- meaning of term . . power to make order under k: 102 of ~nd&trial conciiibtidn and

Arbitration Act 1961-1976 re . . . . . . . . . . presumptive provision in, during period o f emergency re essential

. . . . . . . . . . . . . . . . . . . . . . senices

Body or association of persons. See also Union. d~sciplinary,action taken by, re refusal to take part in industrial

actlon . . . . . . . . . . . . . . . . . . . . . . . . rerference to . . . . . . . . . . . . . rule of, re unlawful demands on workkr during'strike . . . . . .

Calling- meaning of term for the purposes of s. 19

Commissioner- has jurisdiction to hear questions re dispute . . . . . . . . . . limitation of time for conciliation procedures by . . . . . . . . may summon person concerned in dispute to conference . . . . meaning of term . . . . . . . . . . . . to be notified of stdke-r&tra&ing ord& . . . . . . . . . . . . to exercise all powers to prevent or settle dispute . . . . . . . .

Compensation- no entitlement to, from Crown

Crown- entitled to recompense by, . . . . . . . . . . . . . . . . 11 (2) . . . . . . . no entitlement to compensat'ion from . . . . . . . . . . . 1 1 ( 1 ) . . . . . . recovery by, of recompense paid. . . . . . . . . . . . . 13 . . . . . .

Damages- amount of, may be recovered in a court of competent

jurisdiction . . . . . . . . . . . . . . . . . . . . 31 (2) . . . . . . . . when union liable for . . . . . . . . . . . . . . . . . . . . 31 (1) . . . . . . . .

De-registration of unions in certain events . . . . . . . . . . . 32 (1) .

30 INDEX

Delegate- . . . . . . . . . . . . . . . . . . . . Minister may appoint

powers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . protection againit liability by

Directions, etc.- . . . . . . . . . . . . . . . . application and operation of

. . . . . . . . . . . . . . . . . . . . . . compliance with form of . . . . . . . . . . . . . . . . . . . . . . . . . . Minister may give, re continuation of essential services . . . .

. . . . . . . . . . . . . . . penalty for non-compliance wlth.

Discriminatory action- . . . . . . . . . . . . . . . . . . employer not to take any

. . . . . . . . . . . . . . . . . . . . . . meaning of term . . . . . . . . . . . . . . . . . . . . penalty for offence re

protection against, arising out of emergency . . . . . . responsible person may be reimbursed after employer convicted '

re . . . . . . . . . . . . . . . . . . . . . . . . . .

Dispute- . . . . . . . . . . . . . . . . duties of persons concerned in

limitation of time for conciliation procedures during . . . . . . person concerned in, to attend each hearing held by Industrial

. . . . . . . . . . . . . . . . . . . . Commission

District Court- . . . . . . . . . . . . . . . . . . . . appeal from ,orders of

jurisdiction of, to hear offences against this Act . . . . . . . . proceedings before, to be held in accordance with rules of court

Emer ency- Zovernor in Council may proclaim period of period of-

meaning of term . . . . . . . . . . . . . . . . . . . . proclamation of . . . . . . . . . . . . . . . . . . . . . . protection against discriminatory action arising out o f . . . . . .

Employer- . . . . . . . . . . . . . . . . duty of, to record non-strikers

lock-out by, prohibited . . . . . . . . not to take discriminatory action' duX& pdriod oidmergency . . offence to make argeement with, to avoid this Act . . . . . .

Essential service- duties of persons concerned in disputes affecting . . . . . . . . Governor in Council may declare emergency in relation to . . lock-out in, prohibited . . . . . . . . . . . . . . . . . . . . meaning of term . . . . . . . . . . . . . . . . . . . . . . powers of Minister named in proclamation re . . . . . . . . presumptive provision in Awards applicable to . . . . . . . .

Evidentiary and procedural aids- re engaging in a strike . . . . . . . . . . . . . . . . . . re jurisdiction of Industrial ~ b u r t . . . . . . . . . . . . . . re member of a union . . . . . . . . . . . . . . . . . . . .

Full Industrial Court. See Industrial Court.

Governor in Council- may declare proclamation of emergency . . . . . . . . . . . . may make regulations . . . . . . . . . . . . . . . . . . . . may nominate Minister in proclamation . . . . . . . . . . . . powers of re-

operation and effect of s. 2 4 . . . . . . . . . . . . . . . . operation and effect of s. 25. . . . . . . . . . . . . . . .

shall appoint arbitrator re recompense . . . . . . . . . . . .

Grievance settling procedures- Formulation of . . to be filed with registiar ' and ' ddait with ' as' i n ' 'indu'str&

agreement . . . . . . . . . . to be formulated by agreement between union' and kmpioyers . .

15 (3) . . . . . . . I5 (I) . . . . . . . . 15 (2), (3) . . . . . . 15 . . . . . . . .

Page

INDEX 3 1

Incorporation of industrial union . . . . . . . . . . . . . . . . s. 17 . . . . . . . .

Industrial agreement- grievance settling procedure to be dealt with as an . . . . . . 19 (3) . . . . . . . . meaning of term . . . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . .

Industrial Commission- . . . . . . . . meaning of term . . . . . . . . . . . . 3 (2) . . . . . . . .

notification to, of strike-restraining eider . . . . . . . . 20 . . . . . . person not to engage in a strike while dispute'k before the, . . 22 (3),'(4) . . . . . .

Industrial Conciliation and Arbitration Act 1961-1976- power to make order under s. 102 of, to read as one with Essential Services ACI' 1979'

Industrial Court- full-

evidentiary aids re jurisdiction . . . . . . . . . . . . . . 38 (4) . . . . . . . . may cancel or suspend registration of union . . . . . . . . 32 (1) . . . . . . . . may declare office within the union vacant . . . . . . . . 32 (I). . . . . . . .

meaning of term . . . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . .

Industrial union. See also Union. meaning of term . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . . registration of, when 'deemed to continue. . . . . . . . . . . . 17 (2) . . . . . . . . to be a body corporate for purposes of this Act . . . . . . 17 ( 1 ) . . . . . . . . to formulate grievance settling procedure with employers . . . . 19 (2) . . . . . . . .

Interpretation. See Meaning of terms.

Jurisdiction- . . . . . . Commissioner has, to hear questions re dispute

evidentiary aids for Industrial Court re . . . . . . . . . .

Lock-out- instituted against employees already engaged in a strike, not an

offence . . . . . . . . . . . . . . . . . . . . . . 27 (2) . . . . . . . . meaning of term . . . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . . prohibited in essential service . . . . . . . . . . . . . . . . 27 (1) . . . . . . . .

Meaning of terms- award . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . calling. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 (4) . . . . . . . . Commissioner . . . . . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . . discriminatory action . . . . . . . . . . . . . . . . . . . I5 (1) . . . . . . . . essential service . . . . . . . . . . . . . . . . . . . . . . 3 (1) . . . . . . . . industrial agreement . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . industrial Coun . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . industrial cornmiss& . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . . industrial union . . . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . . lock-out . . . . . . . . . . . . . . . . . . . . . . . . . . 3 (2) . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . Minister 3 ( I ) . . . . . . . . office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 (2) . . . . . . . . period of emgergency . . . . . . . . . . . . . . . . . . . . 3 ( I ) . . . . . . . . prescribed period . . . . . . . . . . . . . . . . . . . . . . 25 (3) . . . . . . . . prohibited reason . . . . . . . . . . . . . . . . . . . . . . 15 (1) . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . Registrar 3 (2) . . . . . . . . responsible person . . . . . . . . . . . . . . . . . . . . . . 15 (1 ) . . . . . . . . strike . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ( 1 ) . . . . . . . . union . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 (2), (3) . . . . . .

Page

32 INDEX

Minister- . . . . . . . . . . . . . . . . . . . . . . . . . . delegation of powers by S 10

. . . . . . . . . . . . . . . . . . form of directions issued by 8 . . . . . . Governor in Council may nominate. in proclamation . . . . . . 5(3) . . . . . . may give directions re continuation of essential service 6 (2) . . . . . . may make application for order under s . 102 of industrial 'Con-

. . . . . . . . . . . . ciliation and Arbitration Act 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . meaning of term 3(1) . . . . . .

. . . . . . . . . . . . . . powers of, named in proclamation 6 . . . . . . . . . . . . . . to approve of proceedings against this Act 35 (2), '('3) . . . .

Offence- . . . . for non-attendance at conference called by Commissioner 22 . . . . . .

. . . . . . . . . . . for non-compliance with directions. etc 9 . . . . . . penalty provisions re continuation of strike for more than one

day . . . . . . . . . . . . . . . . . . . . . . . . 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . prosecution for 35 . . . .

. . . . . . . . re discriminatory action arising out of emergency lS(2), '('3) . . . . . . . . . . . . . . . . . . to cause a lock-out by employers 27 . . . . . . . . . . . . . . . . . . . . to make agreement to avoid this Act 30 . . . . . .

Office of the union- meaning of term . . . . . . . . . . . . . . . . . . . . . . 32 (2) . . . . . vacating of. in certain events . . . . . . . . . . . . . . . . 32 . . . . .

Operation and effect to ss . 24 and 25- . . . Governor in Council may give . . . . . . . . . . . . . . . . ss 24 (1). 25 (1)

Order- . . . . . . . . . . . . Minister may give. re essential service s . 6 (2) . . . . . . . . . . . . . . . . . . notification of to Industrial Commission 20 . . . . . .

Order for recovery of penalties . . . . . . . . . . . . . . . . . . 36

Orders in Council- . . . . . . Governor in Council may make re termination of employment ss 24. 25

tabling of. before Legislative Assembly . . . . . . . . . . . . s . 3 9 . . . . .

Penalty- for employer who institutes a lock-out . . 27(1) . . . . . . for engaging in a strike while dispute ' 'before ' Indust&

Commission . . . . . . . . . . . 22(3) . . . . . . . . . . . . . . for non-attendance at co'n'ference heah& dispute 22 (I), (2) . . .

for non-compliance with directions etc . . . . . . . . . . . . 9 . . . . . . for offence re agreement to avoid Act . . . . . . . . . . . . 30 . . . . for offence re d~scriminatory action . . . . . . . . . . . . . . I5 (2), '('3) . . . provisions. where offence continues . . . . . . . . . . . . . . 34 . . . . . recovery of . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . .

Period of emer ency- . . . . . . . . . . . . . . . . . . . . . . meaning of term 3(1) . . . . . .

. . . . . . . . . . . . presumptive provision in award during 18 . . . . . .

Person concerned in dispute- Commissioner may summon

Person engaged in a strike- termination of employment of

Prescribed period- . . . . . . . . . . . . . . . . . . . . . meaning of term . . . . s 25 (3)

termination of empidyment upon successive strikes within . . . . 25(2) . . . . . .

Proceedings for offences against this Act- Minister to provide certificate to show approval of . . . . 35(3) . . . . . . to be by way of complaint in writing approved by the 'Minister 35(2) . . . . . . to be in accordance with rules of court . . . . . . . . . . . . 35(5) . . . . . . when defendant does not appear at . . . . . . . . . . . . . 35(4) . . . . . .

Page

Proclamation of emergency- application and operation of directions etc. issued in pursuance

. . . . . . . . o f . . . . . . . . . . . . . . . . . . . . s. I delegation of powers 'by ' ~ i n i s t e r . . . . . . . . . . . . . . 10 . . . . . . . . Governor in Council may declare . . . . . . . . . . . . . . 5 . . . . . . . . limited time in force . . . . . . . . . . . . . . . . . . . . 5 (4) . . . . . . . . powers of Minister named in . . . . . . . . . . . . . . . . 6 . . . . tabling of, before Legislative Assembly . . . . . . . . . . . . 39 . . . .

Prohibited reason- meaning of term

Recompense- . . . . . . . . . . . . arbitration of, payable under s. 11 (2)

entitlement of from Crown . . . . . . . . . . . . . . . . . . recovery by Crown of . . . . . . . . . . . . . . . . . . . .

Record- to be kept of non-strikers and to be used as evidence . . . . . .

Registrar- . . . . . . . . . . copy of strike-restraining order to be sent to

meaning of term . . . . . . . . . . . . . . . . . . . . . .

Registrar of the District Court- duties of re recovery of penalties

Regulations- Governor in Council may make

Responsible person- disciplinary action against, prohibited, for refusing to take part in

. . . . . . . . . . . . . . . . . . industrial action meaning of term . . . . . . . . . . . . . . . . . . . . . .

Page

Show-cause proceeding- held by Full Industrial Court re vacation of office of union . . 32 . . . . .

Strike- duty of employer to record person who does not engagein a . . 28 (1) . . . . . . . . evidentiary provision re engaging in a . . . . . . . . . . . . 38 . . . . . . . .

. . . . . . . . meaning of term . . . . . . . . 3 (1) person not to engage in, whiii di'sDutk'before i id is t r ia i '

Commission . . . . . : . . . . . . . . . . . . . . 22 (3), (4) . . . . . . . . . . termination of employment for person engaged i n . . . . . . . . ss. 24 (2), 25 (2)

union liable for damages attributable to certain . . . . . . . . s. 31 (1 ) . . . . . . . . unlawful demands on workers during . . . . . . . . . . . . 29 (1) . . . . . . . .

Termination of employment- . . . . . . . . . . . . . . . . results from certain strikes

. . . . . . . . . . to be disregarded for certain purposes . . . . . . upon successwe stnke within prescribed period

34 INDEX

Union-See also Body or association of persons and Industrial Union. de-registration of . . . . . . . . . . . . . . . . . . . . . . s. ' 32 (1) . . . . . . . evidentiary aids re de-registration of . . . . . . . . . . . . 38 ( 5 ) . . . . . . . liable for damages attributable to certain sirikes . . . . . . . . 31 . . . . . meaning of term . . . . . . . . . . . . . . . . . . 3 (2),'('3) . . . . . respons~ble for acts of members . . . . . . . . . . . . . . . . 33 . . . . . . . vacation of office of . . . . . . . . . . . . . . . . . . . . 32 (1) . . . . . . .

Workers- unlawful demands on, during certain strikes . . . . . . . . . . 29 . . . . . . .

Page

-

67798 (ipre6)-By Authority: S. R. HAMPSON, Government Printer, Queensland

“queensland statute reprints” · 2015-08-25 · essential services act 1979 s. 8 indemnified by...

Documents