Industrial Arbitration Act 1912 (NSW)

Act No. 17, 1912.

An Act to provide for the regulation of the conditions of industries in certain particulars by means of industrial conciliation and

arbitration, and for the repression of lock-

outs and strikes; to establish and define the powers, jurisdiction, and procedure of

an industrial court and certain subsidiary

tribunals; to preserve certain awards and

industrial agreements; to repeal the Indus­
trial Disputes Act, 1908, the Industrial

Disputes Amendment Act, 1908, the Indus­

trial Disputes (Amendment) Act, 1909, and

the Industrial Disputes (Amendment) Act,

1910; to amend the Clerical Workers Act, 1910, and certain other A c t s ; and for pur­

poses consequent thereon or incidental

thereto.	[15th April, 1912.]
BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative	Assembly of New South Wales in Parliament assembled, and by the
authority of the same, as follows :—
appointments, shall come into force on the passing of this Act.

P A R T I .

PRELIMINARY.

1, This Act may be cited as the "Industrial Arbitration Act,

1912."

2 . This Act shall commence on and from a date to be proclaimed by the Governor in the Gazette:
Provided that the provisions of this Act relating to the
registration of industrial unions and the appointment of boards, and
all provisions necessary for such registration and for making such

3. This Act is divided into Parts, as follows :—

PART	I . — P R E L I M I N A R Y — s s .	1-12.
P A R T	I I . — T H E	INDUSTRIAL COURT AND THE BOARDS—ss. 13-23.

P A R T I I I . — J U R I S D I C T I O N OF BOARDS AND OF THE COURT—

ss. 24-30.

P A R T IV .—PROCEDURE OR BOARDS—SS. 31-37.

P A R T V.—CONCILIATION COMMITTEES—SS. 38-43.

PART VI.—LOCK-OUTS AND STRIKES—ss . 44-48.

PART V I I . — B R E A C H E S OF AWARDS AND OTHER OFFENCES—

ss. 19-52.

P A R T V I I I . — G E N E R A L AND SUPPLEMENTAL—ss. 53-73.

4. (1) The Industrial Disputes Act, 1908, the Industrial Disputes Amendment Act, 1908, the Industrial Disputes (Amendment) Act, 1909, and the Industrial Disputes (Amendment) Act, 1910, are repealed.

(2) All awards, orders, and industrial agreements made under authority of the Acts hereby repealed and in force at the commencement of this Act shall, until rescinded under this Act, continue in force for the respective periods fixed by such awards, orders, or industrial agreements, and shall he deemed to have been made under this Act. In construing any such award, order, or industrial agreement references to the registrar shall he read as references to the registrar appointed under (his Act, and for the purpose of any appeal from the registrar references to the Industrial Court shall he read as references to the Court of Industrial Arbitration constituted by this Act.

(3) All summonses issued at such commencement under

sections forty-one, forty-three, or fifty-five of the Industrial Disputes

Act, 1908, and returnable before the Industrial Court, shall continue	in force, but shall be returnable before, and shall be heard and deter­
mined by, the Court of Industrial Arbitration constituted by this Act, or by the registrar or an industrial magistrate on being referred to him by the court. For the purpose of carrying out the above provisions, the enactments of the Industrial Disputes Act, 1908, shall continue in force and shall, mutatis mutandis, apply to the hearing and determination of any such matter by the Court of Industrial Arbitration constituted by this Act, and to the enforcement of any order of such court.
All documents relating to any such matters or proceedings, and filed or deposited with the Industrial Court, shall be handed over to the Court of Industrial Arbitration, and filed with such court.

(4)

(4) The registrar appointed under any Act hereby repealed, and holding office at the commencement of this Act, shall he deemed to have been appointed hereunder.

(5) All regulations made under the Acts hereby repealed, and in force at the commencement of this Act, shall, mutatis mutandis, apply as if made under this Act.

Definitions.

5. In this Act, unless the context otherwise indicates,—

" Apprentice " means an employee under twenty-one years of age who is serving a period of training under an indenture or other written contract for the purpose of rendering him fit to be a qualified worker in an industry.

"Award " means award under this Act, and includes a variation

of such award.

" Board " means industrial board constituted under this Act.
" Boarding-house " shall include a lodging-house, and shall mean

a house in which five or more paying boarders or lodgers, not being members of the proprietor's family, are accommodated.

" C a l l i n g " means craft or other occupation.

" Cour t " means Court of Industrial Arbitration established by

this Act.

" Employee " means person employed in any industry, whether on wages or piece-work rates or as member of a butty-gang, but shall not include a member of a family in the employment of a parent, and the fact that a person is working under a contract for labour only, or substantially for labour only, or as lessee of any tools or other implements of production, or any vehicle used in the delivery of goods, shall not in

itself prevent such person being held to be an employee.

" Employer" means person, firm, company, or corporation employing persons working in any industry, whether on behalf of himself or itself or any other person or on behalf of the Government of the State, and includes the Chief Commissioner for Railways and Tramways, the Sydney Harbour Trust Commissioners, the Metropolitan Board of "Water Supply and Sewerage, the Hunter District Water Supply and Sewerage Board, and any council of a munici­ pality or shire, and includes for the purpose of constituting a board, a director, manager, or superintendent of an employer as defined as aforesaid.

" Improver "

" Improver " means an employee under twenty-one years of age

WHO is serving for the purpose of rendering him fit to be

a qualified worker in an industry or special section of an

industry.

" Indust r ia l agreement" means industrial agreement made and

filed under any Act hereby repealed, or under this Act.

" Industrial Court " means Industrial Court constituted by the

repealed Acts.

" Industrial magistrate " means industrial magistrate appointed

under this Act.

" Industrial union " means industrial union registered as an

industrial union under this Act.

" Industrial mat ters" means matters or things affecting or relating to work done or to be done, or the privileges, rights, or duties of employers or employees in any industry, not involving questions which are or may be the subject of proceedings for an indictable offence; and, without limiting the ordinary meaning of the above definition, includes all or any matters relating to—

(a)	the wages, allowances, or remuneration of any persons employed or to be employed in any industry, or the piece­ work, contract, or other prices paid or to be paid therein in respect of such employment;
(b)	the hours of employment, sex, age, qualification, or status of employees, and the mode, terms, and conditions of employment;
(c)	the employment of children or young persons, or of any persons or class of persons in any industry, or the right to dismiss or to refuse to employ or reinstate in employment any particular persons or class of persons therein ; but not
industrial unions, except in accordance with the provisions so as to give preference of employment to members of

of section twenty-four, subsection one, paragraph (g);

(d) any established custom or usage of any industry, either general or in any particular locality ;

(e) the interpretation of an industrial agreement or award.

" I n d u s t r y " means occupation or calling in which persons of

either sex are employed for hire or reward.

" J u d g e " or " t h e j u d g e " means the judge of the Court of

Industrial Arbitration, and includes an additional judge of the court.

" Justice " means justice of the peace, and includes a magistrate.

L " Lock-out"

"Lock-out" (without limiting its ordinary meaning) includes a closing of a place of employment, or a suspension of work, or a refusal by an employer to continue to employ any number of his employees with a view to compel his employees, or to aid another employer in compelling his employees, to accept terms of employment.

" M a g i s t r a t e " means stipendiary or police magistrate.

"Members of a board" and "members of a conciliation com­ mi t tee" include the chairman of the board and of the committee respectively.

"Metropolitan district c o u r t " means district court of the

metropolitan district, holden at Sydney.

" Minister " means Minister of the Crown administering this Act.

"Necessary commodity" includes—

(a) coal;
(b) gas for lighting, cooking, or industrial purposes;

(c) water for domestic purposes ; and

(d) any article of food, the deprivation of which may tend to endanger human life or cause serious bodily injury.

"Prescr ibed" means prescribed by this Act, or by regulations

made thereunder.

" Registrar " means industrial registrar appointed under this Act.
" Repealed Acts " means the Acts repealed by this Act.

" Schedule " means Schedule to this Act, and any amendment of

or addition to such Schedule made in pursuance of this Act.
" S t r i k e " (without limiting its ordinary meaning) includes the
cessation of work by any number of employees acting in
combination, or a concerted refusal or a refusal under a
common understanding by any number of employees to
continue to work for an employer with a view to compel
their employer, or to aid other employees in compelling their

employer, to accept terms of employment, or with a view to

enforce compliance with demands made by them or other

employees on employers.

" Trade union " means trade union registered under the Trade

Union Act, 1881, and includes a branch so registered.

Industrial unions.

6. The registrar may, on application made as hereinafter provided, register under this Act as an industrial union of employers any person or association of persons, or any incorporated company, or association of incorporated companies, who or which has in the aggre­ gate throughout the six months next preceding the date of the application for registration employed on an average, taken per month,

not less than fifty employees. Such

Such application shall be made as prescribed, and, if made by an association or company, shall be signed by a majority in number of the governing body thereof.

7 . Any person or body whose registration under the Act No. 59, 1901, as an industrial union is at the commencement of this Act in force, and any trade union registered under section nine of the Industrial Disputes Act, 1908, whose registration under that Act is at the said commencement in force, shall, unless and until such registration is cancelled, be deemed to be an industrial union.
8. (1) The registrar may, on application made as hereinafter provided, register under this Act any trade union of employees. On such registration the trade union shall be an industrial union until such registration is duly cancelled.
(2) Such application shall he made in writing as prescribed by the committee of management of the trade union, and shall be signed by a majority in number of the members of such committee. Notice- of any such application shall be published as prescribed.
The registrar may require such proof as he thinks necessary of the authority of the said members to make the said application.
(3) Any such application may be refused by the registrar if he is of opinion that the organization applying is not a bona-fide trade union, or if registered under this Act would not be a bona-fide industrial union, or if it appears that another trade union to which, the members of the applicants union might conveniently belong has already been registered a s an industrial union.
(1) The registrar shall fix a day for considering any objections on the above ground to the granting of the application, and shall notify the same as prescribed.

(5) No branch shall be registered, unless it is a bona-fide

branch of sufficient importance to be registered separately.

(6) Any decision of the registrar under this section in

respect of an objection taken as aforesaid, or on refusal of registration,

shall be subject to appeal to the court, as prescribed.
(7) The court may for any reasons which appear to it to be good cancel the registration of any industrial union, provided that, save where otherwise; mentioned in this Act, such cancellation shall not relieve the industrial union or any member thereof from the obligation of any award or industrial agreement, or order of the court or a board, or from any penalty or liability incurred prior to such cancellation.
9. (1) The court may cancel the registration of an industrial union if proof is given to its satisfaction that a majority in number of the members of the union, by secret ballot taken as prescribed, require such cancellation:

(2)

(2) Provided that such power of cancellation shall not be exercised while any award or any industrial agreement relating to members of any such union whether made under the repealed Acts or this Act is in force.

10. The court may, if satisfied that an industrial union is instigating to or aiding any other union or any of its members in a lock-out or strike for which such other union or any of its members are liable to a penalty under this Act, in its discretion cancel such registration and cancel any award or industrial agreement relating to such industrial union or the members thereof with the consent of all other parties bound by such award or industrial agreement.

Industrial agreements.

11 . Any industrial union of employees may make an agree­ ment in writing with an employer or any other industrial union relating to any industrial matter.

Any such agreement if made for a term specified therein not exceeding five years from the making thereof, and if filed at the office of the registrar, shall be an industrial agreement within the meaning of this Act, and shall be binding on the parties, and on all persons for the time being members of such unions, but may be rescinded or varied in writing by the parties. Any variation of any such agreement, if filed as aforesaid, shall be binding as part of the agreement.

Any such industrial agreement may be enforced under this Act.

12.      If after the commencement of this Act any trade union

of employees, not being an industrial union, enters into and executes in the manner prescribed by the rules of such union any agreement relating to any industrial matters with an employer or an industrial union of employers, either party to such agreement may file the same in the office of the registrar. Any such agreement, if made for a term specified therein not exceeding five years from the making	thereof, shall, in so far as it relates to industrial matters, be binding on
the parties, and on all persons for the time being members of such
unions, and shall be enforceable in the same manner as an industrial agreement made under this Act. Such agreements may be rescinded or varied by the parties, and any such variation if filed as aforesaid shall be binding as part of the agreement.

PART

P A R T I I .

T H E INDUSTRIAL COURT AND THE BOARDS.

Constitution of the court.

13.      (1) There is hereby constituted a court to be called the

Court of Industrial Arbitration. I t shall be a superior court and a court of record, and shall have a seal, which shall be judicially noticed.
The court shall have the jurisdiction and powers conferred on it by this Act, and also the jurisdiction and powers conferred in the Industrial Court by the Clerical Workers Act, 1910. Subject to the said Act, with regard to jurisdiction, the provisions of this Act shall apply so far as they are applicable for the purpose of making and enforcing awards under the said Act.
(2) The Industrial Court established by the repealed Acts is dissolved, and the present judge of that court shall be the judge of the Court of Industrial Arbitration, and shall hold such office subject to the provisions of subsections six and seven of this section.
Whenever the office of the judge becomes vacant, the Governor may appoint a Supreme Court judge or a District Court judge, or a barrister-at-law of five years' standing, to be the judge.
(3) The Governor may appoint a Supreme Court judge or a District Court judge, or a barrister-at-law of five years' standing, to be judge to act as an additional judge of the court. Such additional judge shall have the same rights, powers, jurisdiction, and privileges as the judge of the court.
(4) The Governor may appoint a Supreme Court judge or a District Court judge, or a barrister-at-law of five years' standing, to be deputy judge to act temporarily in the absence of the judge of the court. Such deputy judge shall, while exercising the jurisdiction conferred on him, have the same salary and all the rights, powers,

jurisdiction, and privileges of the judge of the court.

(5) The court shall be constituted by the judge or additional or deputy judge of the court sitting alone, or, in the cases hereinafter in this Act provided, with assessors. Should both judge and additional judge be sitting at the same time, each shall constitute the court under this Act.

(6) The present or any future or additional judge of the court shall be liable to be removed from office in the same manner and upon such grounds only as a Supreme Court judge is by law liable to be removed from office.
(7) Where a Supreme Court judge holds the office of judge
of the court, his annual salary as Supreme Court judge shall continue.

Where a District Court judge holds such office his annual salary shall

be

be one thousand pounds, in addition to his salary as District Court judge. Where a barrister-at-law is appointed to such office his annual salary shall be the same as that prescribed for a District Court judge holding such office.

14. The court, in addition to the jurisdiction and powers conferred on it by this Act, shall have the powers and may exercise the jurisdiction hereby conferred on industrial boards and on the chairmen thereof and on the chairmen of conciliation committees, and on the industrial registrar and an industrial magistrate.

Constitution of the boards.

15. All the boards appointed under the repealed Acts are at the commencement of this Act dissolved, except where at such commencement any part-heard matter is before any such board, in which case such board may continue to act and deal with and determine such matter in the same manner as if this Act had not passed. On such matter being determined, the board shall be dissolved on proclamation to that effect, made by the Governor in the Gazette.

16.      (1) Industrial boards shall, on the recommendation of

the court, be constituted by the Minister under the board designa­ tions mentioned in the first column of Schedule One, and under such further or other board designations as the Governor may from time to time proclaim, for any one or more of the industries or callings mentioned in the second column of such Schedule, and from time to time added to such second column by the Governor on resolution passed by both Houses of Parliament, and for any such transposition, division, combination, rearrangement, or re-grouping of such industries or callings as the Minister, on the recommendation of the court, may direct.

(2) The Minister shall appoint a chairman who shall be

recommended by the court for all the boards which may be con­	stituted under each of the board designations mentioned in the first
column of Schedule One. Such chairman shall preside over and be a
member of all such boards.

(3) The Minister shall appoint the other members of

such boards who shall be recommended by the court.

(4) On the chairman and members being appointed a

board shall be deemed to be constituted.

(5) Each such board shall, besides its chairman, consist of two or four other members, as may be recommended by the court. One-half in number of such other members shall be employers, and the other half employees, each of whom has been or is actually and bona fide engaged in one of the industries or callings so specified : Provided that where the employers or the employees in the industries or

callings

callings consist largely of females, members may be appointed who are not engaged in the industries or callings : Provided also that where, in the opinion of the court, no suitable employer or no suitable employee in the industry can be found who is willing to act on the board on behalf of the employers or employees, as the case may be, such court may recommend any person whom it considers to be acquainted with the working of the industry to represent the employers or employees on the board, and the Minister shall appoint such person.

(6) Where it appears to the court that a question has arisen as to the right of employees in specified callings to do certain work in an industry to the exclusion of the employees in other callings, the court may, on application made by any such employees, constitute a special board to determine- such question.
Such board shall consist of a chairman and such number of other members as the court fixes, but so that—

(a)	one half in number of such other members shall be employers and the other half employees, each of whom has been or is actually and bona fide engaged in one of the said callings;
(b)	such of the callings as the court considers to be directly interested in the question shall be represented on the board by an employer or employers, and by an employee or an equal number of employees.

The chairman and other members of any such board shall be

appointed by the court.

The determination shall have effect as an award of a board.
17. (1) The Minister shall, on the recommendation of the

court, constitute industrial boards for the industries and callings mentioned in Schedule Two as amended or added to in pursuance of this Act.

(2) The Minister shall—

(a) appoint chairmen who shall preside at and be members of such boards;

(b) appoint the other members of such boards. The persons so

appointed shall he recommended by the court.

(3) Each such board shall have jurisdiction as to matters
relating to such of the said industries or callings or sections thereof

as may be specified by the court in its recommendation to the Minister.

(4) Each such board shall, besides the chairman, consist

of two or four other members, as may he recommended by the court, one half in number of whom shall be employers and the other half employees, each of whom has been or is actually and bona fide engaged in one of the industries or callings so specified :

Provided that where the employers or the employees in the industries or callings consist largely of females, members may be appointed who are not engaged in the industries or callings :

Provided

Provided also that where, in the opinion of the court, no suitable employer or no suitable employee in the industry can be found who is willing to act on the board on behalf of the employers or employees, as the case may be, such court may appoint any person whom it considers to be acquainted with the working of the industry to represent the employers or employees on the board.

(5) The provisions of this Act relating to boards shall apply

to any board constituted under this section.

(6) The Governor may on resolution passed by both Houses of Parliament amend Schedule Two or add thereto other industries. Any such amendment or addition shall be published in the Gazette.
18. If any member of a board, without reasonable excuse, neglects on two successive occasions to attend meetings of the board duly convened, or to vote when present at any such meeting on any question duly submitted to the board, he shall be liable to a penalty not exceeding five pounds, and the Governor may declare his office vacant, and thereupon such member shall cease to hold office.

19. Each member of a board shall, upon his appointment, take an oath not to disclose any matter or evidence before the board or the court relating to—

trade secrets;

the profits or losses or the receipts and outgoings of any

employer;

the books of an employer or witness produced before the board or

the court ; or

the financial position of any employer or of any witness;

and if he violates his oath, he shall be liable to a penalty not exceeding five hundred pounds, and, on conviction of such offence, he shall cease to hold office.

20. (1) The Minister, on the recommendation of the court,

may at any time dissolve a board ; he may also on such recommendation

remove any member of a board from his office on the ground that such member is of unsound mind, or in prison, or has abandoned his
residence in this State, or is not properly discharging his duties as a

member of such board.
(2) Subject to the above provision, the members of a board shall hold office until the expiration of three years from the date of their appointment, and then shall cease to hold office: Provided that a member may resign his office.

(3) A new board may be appointed under this Act to take the place of a board that has been dissolved, or the members of which have resigned, or have ceased to hold office.

Members ceasing to hold office on a board shall be eligible for appointment to the new board.

The

The provisions of this Act relating to the constitution and manner of appointment of boards shall apply to the appointment of such now board.

21.      (1) Where, from any cause, a member of a board ceases

to bold office, the Minister may appoint a duly qualified person, who shall be recommended by the court, to his office for the residue of the period for which such member was appointed.
(2) Where a person is appointed to any vacancy on a board, the board as newly constituted may, if no member of the board objects, continue the hearing of and may determine any part- heard case.

22. Every appointment of a member of a board shall be published in the Gazette, and a copy of a Gazette containing a notice of such appointment purporting to have been published in pursuance of this Act shall be conclusive evidence that the person named in such notice was legally appointed to the office named, and had power and jurisdiction to act in such office, and such appointment shall not be challenged for any cause.

23.      The members of a board shall be paid such fees as may

be fixed by the Governor.

P A R T I I I .

JURISDICTION OF BOARDS AND OF THE COURT.

24.      (1) A board, on any reference or application to it may,

with respect to the industries or callings for which it has been

constituted, make an award—

(a) fixing the lowest prices for work done by employees, and the lowest rates of wages payable to employees, other than aged,

infirm, or slow workers;

(b)	fixing the number of hours and the times to be worked in order to entitle employees to the wages so fixed ;
(c)	fixing the lowest rates for overtime and holidays and other special work, including allowances as compensation for overtime, holidays, or other special work ;
(d)	fixing the number or proportionate number of apprentices and improvers and the lowest prices and rates payable to t h e m ;

(e) determining any industrial matter ;

(f) rescinding or varying any award made in respect of any of the industries or callings for which it has been constituted ;

(g)

(g) declaring that preference of employment shall he given to members of any industrial union of employees over other persons offering their labour at the same time, other things being equal: Provided that where any declaration giving such preference of employment has been made in favour of an industrial union of employees, such declaration shall be cancelled by the Court of Arbitration if at any time such union, or any substantial number of its members, takes part in a strike or instigates or aids any other persons in a strike; and if any lesser number takes part in a strike, or instigates or aids any other persons in a strike, such court may suspend such declaration for such period as to it may seem just.

(2) Where an institution carried on wholly or partly for charitable purposes provides for the food, clothing, lodging, or maintenance of any of its employees or any of its inmates who are deemed to be employees, the hoard in its award as to the wages of such employees or inmates, shall make due allowance therefor. The board may exempt such institution from all or any terms of the award, where the food, clothing, lodging, and maintenance provided by the institution, together with the money (if any) paid by the institution to such employees or inmates as wages, are at least equal in value to the value of the labour of such employees or inmates.

25.       (1) The award of a board shall be signed by the chairman

and forwarded to the registrar who shall forthwith publish the same in the Gazette and notify the parties. On such publication every award shall take effect, and be binding on all persons engaged in the industries or callings, and within the locality and for the period not exceeding three years specified therein.

(2) Within thirty days of such publication any of the
parties to the proceedings before the board, with the consent of the

court, and any other person, with the like consent, may in manner

prescribed make application to the court for variation or amendment of such award, or for rehearing in respect to any matter in or omission
from the award.

(3) If the board refuses to make any award, any of the said parties may, within fourteen days after such refusal, make application to the court to make an award as to any matter included in a claim or reference made to the board.

(4) On any such application the court may confirm, or vary, or rescind the award thus appealed from, or may make a new award, and may make such order as to the costs of the appeal as it thinks just.

At such hearing the members of the board other than the

chairman shall, if any person making the application so desires, sit

with the court as assessors. (5)

(5) The pendency of an appeal shall not suspend the

operation of an award appealed from.

26.      Employees employed by the Government of New South

Wales or by any of its Departments, including the Chief Commissioner for Railways and Tramways, the Sydney Harbour Trust, the Metro­ politan Board of Water Supply and Sewerage, and the Hunter District Board of Water Supply and Sewerage, shall be paid rates and prices not less than those paid to other employees not employed by the Govern­ ment or its departments doing the same class of work under similar circumstances. But the fact that employment is permanent, or that additional privileges are allowed in the service of the Government or its departments, shall not of itself be regarded as a circumstance of dissimilarity. The court or an industrial board shall not fix rates and prices for such first-mentioned employees lower than those fixed for such other employees.
27. (1) Any aged, infirm, or slow worker who may deem himself unable to earn the minimum wage prescribed by any award, may apply to the registrar for a permit in writing to work for less than the wage so prescribed.
(2) The registrar shall be the tribunal to determine whether and on what conditions such permit shall be granted, and shall have power to revoke or cancel any permit.

(3) The registrar shall forthwith notify the secretary of the industrial union of the trade or calling in which such applicant desires to be employed of the grant of such permit and of the conditions contained therein.
(4) The said union may at any time after such notice apply to the registrar in the manner prescribed for the cancellation of such permit.

(5) An appeal against any such determination shall not
lie from the registrar to the court except on the ground that the trade

or calling concerned is one in which no such permit should be granted.

28. Unless otherwise expressly provided in this Act, an award, whether made under this Act or the repealed Acts, may be rescinded, added to, or varied only on application or reference to a board in pursuance of this Act.

But the court may, at any time, on its own initiative or on application made to it, prohibit any proceeding of a board or vary or rescind any award made under this Act or the repealed Acts.

29.      Subject to the right of appeal under this Act, and to such

conditions and exemptions as the hoard may, and is, hereby authorised to determine and direct, an award shall be binding on all persons engaged in the industries or callings and within the locality, and for the period not greater than three years specified therein.

Intervention

Intervention by Crown.

30.      The Crown may, where, in the opinion of the Minister,

the public interests are or would be likely to be affected, intervene in any proceedings under this Part before a board or the court, or appeal from an award of a board and make such representations as it thinks necessary in order to safeguard the public interests.

P A R T IV.

PROCEDURE OF BOARDS.

31.      (1) Proceedings before a board shall be commenced by—

(a) reference to the board by the court or the Minister ; or

(b) application to the board by employers or employees in the industries or callings for which the board has been constituted.

(2) Any such application shall be in the form, and shall

contain the particulars prescribed, and shall be signed by—

(a)	an employer or employers of not less than twenty employees in any such industry or calling ; or
(b)	an industrial union whose members are employers or whose members are employees in any such industry or calling.

(3) All meetings of a board shall be convened by the

chairman by notice to each member served as prescribed.

32.      I n every case where an application or reference to a board

is made, it shall be the duty of the chairman to endeavour to bring the parties to an agreement with respect to the matters referred to in such application or reference, and to this end the board shall, in such manner as it thinks fit, expeditiously and carefully inquire into such matters and anything affecting the merits thereof.

I n the course of such inquiry, the chairman may make all such inducing the parties to come to a fair and amicable settlement of	suggestions and do all such tilings as he deems right and proper for
such matters.

33.      A board, or any two or more members thereof authorised

by the board under the hand of its chairman, may enter and inspect any premises used in any industry to which a reference or application to the board relates, and any work being carried on there.

If any person hinders or obstructs a board or any member thereof in the exercise of the powers conferred by this section, or hinders or obstructs the judge in the exercise of like powers, he shall be liable to a penalty not exceeding ten pounds.

34.      A board may—

(a) conduct its proceedings in public or private as it may think fit;

(b) adjourn the proceedings to any time or place ; (c)

(c) exercise in respect of witnesses and documents and persons summoned or giving evidence before it, or on affidavit, the same powers as are by section one hundred and thirty-six of the Parliamentary Electorates and Elections Act, 1902, conferred on a committee of elections and qualifications, and the provisions of the said section shall apply in respect of the proceedings of the board : Provided that unless a person raises the objection that the profits of an industry are not sufficient to enable him to pay the wages or grant the conditions claimed, no person shall be required without his consent to produce his books, or to give evidence with regard to the trade secrets, profits, losses, receipts, and outgoings of his business, or his financial position.

Where a person raises such objection he may he required, on the order of the chairman, to produce the hooks used in connection with the carrying on of the industry in respect of which the claim is made, and to give evidence with regard to the profits, losses, receipts, and outgoings in connec­ tion with such industry, but he shall not be required to give evidence regarding any trade secret, or, saving as herein­ before provided, his financial position. No such evidence shall be given without his consent except in the presence of the members of the board alone, and no person shall inspect such books except the chairman or an accountant appointed by the board, who may report to the board whether or not his examination of such books supports the evidence so given, but shall not otherwise disclose the contents of such books. Such accountant shall, before acting under this paragraph, take the oath prescribed in respect of members of a board by section nineteen of this A c t ;

(d)	admit and call for such evidence as in good conscience it thinks to be the best available, whether strictly legal evidence
or not.

35.      (1) The chairman shall require any person, including a

member of the board, to give his evidence on oath, and may on behalf of the board issue any summons requiring the attendance of witnesses; if any person so summoned does not attend he shall be liable to a penalty not exceeding fifty pounds.

(2) Any question as to the admissibility of evidence shall

be decided by the chairman alone, and his decision shall be final.

(3) Where during the hearing of any matter before a board its jurisdiction is disputed, the chairman may decide the question of jurisdiction subject to appeal to the court, or may submit it to the court ; in which case the court shall decide such question and remit its decision to the board.

36.      At any meeting of a board, unless otherwise provided in

this Act,—

(a) the chairman shall preside ;

(b) each member except the chairman shall have one vote; and where the votes for and against any matter are equal, the chairman shall decide the question, but shall not give such decision unless satisfied that the question cannot otherwise be determined;

(c) any member of the board may call, examine, or cross-examine

witnesses.

37.      In any proceedings before the court or a board, no person,

except with the consent of the court or the chairman, shall appear as an advocate or agent who is not or has not been act ually and bona fide engaged in one of the industries or callings in respect of which such proceedings are taken.

PART V.

CONCILIATION COMMITTEES.

Committees for colliery districts.

38. The Minister may, as prescribed, notify districts as

follows :—

A northern colliery district. A southern colliery district. A western colliery district.

He may also notify, as he may think fit, any other district in
which more than five hundred employees work in or about coal or
metalliferous mines, and may cancel or amend any notification made under this section. 39. (1) The Minister may, in the manner prescribed, constitute

for each such district a conciliation committee consisting of two or four members, as the Minister may determine, and to be appointed by him, one half in number of whom shall be nominated by the employers and the other half nominated by the employees, and a chairman.

The chairman shall be chosen by the unanimous agreement of the other members, but if no such agreement is arrived at, or if the chairman so chosen is unable or refuses to act, he shall be appointed by the Governor : Provided that the Minister may, if he thinks fit, appoint the judge to be chairman of any such committee.

( 2 ) '

(2) No such committee shall be appointed unless the employees in the industry concerned are registered as an industrial union under this Act.

(3) Such of the provisions of sections nineteen to twenty- three as relate to members of boards shall, so far as applicable, and subject to the provisions of this section, apply to any member of a committee established under this section except the judge.

40.       (1) Any such committee shall meet on being summoned

by its chairman, as prescribed, or at the request of the Minister, and shall inquire into any industrial matter in connection with coal-mining or metalliferous mining, as the case may be, within its district.
(2) The chairman shall preside at all meetings of a committee, and shall endeavour to induce the other members to come to an agreement, but shall not take any part in the decisions of the committee.

41. If such agreement is come to, it shall he reduced to writing and signed by the other members on behalf of the employers and the industrial unions concerned. Such agreement on being certified by the chairman as prescribed shall be tiled and shall have effect as an industrial agreement between such employers and unions.

42. The Minister may also, as prescribed, constitute a con­

ciliation committee for any occupation or calling in which more than five hundred persons are employed other than coal or metalliferous mining. Such committee shall be appointed in the manner and shall have the powers mentioned in sections thirty-nine, forty, and forty-one of this Act.

Special commissioner.

43.       (1) There shall be a special commissioner, who shall be

appointed in that behalf by the Minister.
(2) Such commissioner may require the attendance of

any persons to meet in conference whenever any question has arisen

that in his opinion might lead to a lock-out or strike, and either	no board has been constituted which would have jurisdiction in
the matter or he is of opinion that a preliminary or temporary agree­ ment should be made before the matter is submitted to a board. At such conference the commissioner shall preside and endeavour to induce the parties to come to an agreement.
(3) If any person so required does not attend in confer­ ence as aforesaid he shall he liable to a penalty not exceeding fifty pounds.

PART

P A R T V I .

LOCK-OUTS AND STRIKES.

Lock-outs.

44. If any person, including an industrial union of employers, does any act or thing in the nature of a lock-out, or takes part in a lock-out, or instigates to or aids in any of the abovementioned acts, the court may order him to pay a penalty not exceeding one thousand pounds.

Strikes.

45.      (1) If any person does any act or thing in the nature

of a strike, or takes part in a strike, or instigates to or aids in any of the abovementioned acts, the court may order him to pay a penalty not exceeding fifty pounds.

(2) Where a person is under this section ordered to pay a penalty, the court shall order that the amount of such penalty shall be a charge on any moneys which are then or which may thereafter be due to such person from his then or future employer, including the Crown, for wages or in respect of work done.

Such order may be for the payment of such penalty in one sum or by such instalments as the court may direct.

On the making of any such order of attachment the employer, on being notified thereof, shall, from time to time, pay such moneys into the court as they become due and payable in satisfaction of the charge imposed by the order.

No charge upon or assignment of his wages, or of moneys in respect of work done or to be done, whenever or however made by any such person shall have any force whatever to defeat or affect an a t tachment ; and an order of attachment may be made and shall have effect as if no such charge or assignment existed.

46. (1) Where any person is under the last preceding section

ordered to pay a penalty, and it appears that he was, at the time of his doing the acts complained of, a member of a trade or industrial union, the court may, in addition to making the charge provided for in the said section, order such union, or the trustees thereof, to pay out of the funds of the union any amount not exceeding twenty pounds of the penalty.

(2) The court shall, before making such order, hear the said trustees or the said union, and shall not make such order if it is proved that the union has by means that are reasonable under the circumstances bona fide endeavoured to prevent its members from doing any act or thing in the nature of a lock-out or strike, or from taking part in a lock-out or strike, or from instigating to or aiding in

a lock-out or strike. 47.

47. If any industrial union or trade-union of employees instigates to or aids in any act for which any person is liable to be ordered to pay a penalty under section forty-five, the court may order such industrial or trade union to pay a penalty not exceeding one thousand pounds, and may in its discretion suspend the operation of or cancel the registration under this Act of any such industrial union, and may, with the consent of the other parties bound by such award or industrial agreement, cancel any award whether made under the repealed Acts or this Act so far as it relates to the members of such industrial or trade union, or may do both those things.

Injunction.

48.      The court may grant a writ of injunction to restrain any

person from continuing to instigate to or aid in a lock-out or strike. Such writ may, upon application made as prescribed, be granted ex parte or on notice.

If any person disobeys such writ of injunction he shall he guilty of a misdemeanour, and shall be liable to imprisonment for any period not exceeding six months.

Such person may be committed for trial for such offence by any justice or justices, acting under and in pursuance of the Justices Act, 1902, and any Acts amending the same, or by the court.

For the purpose of such committal the court shall have the powers of a justice or justices under the said Acts.

PART V I I .

BREACHES OF AWARDS AND OTHER OFFENCES.

Payment of wages awarded.

49.       (1) Where an employer employs any person to do any work

for which the price or rate has been fixed by an award, or by an industrial agreement, whether made under the repealed Acts or this Act he shall he liable to pay in full in money to such person and without any deduction the price or rate so fixed.
(2) Such person may, within six months after such money has become due, apply in the manner prescribed to the registrar or to an industrial magistrate for an order directing the employer to pay the full amount of any balance due in respect of such price or rate. Such order may be so made notwithstanding any smaller

M payment

payment or any express or implied agreement to the contrary. The registrar or magistrate may make any order he thinks just, and may award costs to either party, and assess the amount of such costs.

(3) Such person may, within the said period of six months, in lieu of applying for an order under the last preceding subsection, sue for any balance due as aforesaid in any district court or court of petty sessions : Provided that any person feeling himself aggrieved by a judgment or order of such court given or made under this subsection may appeal therefrom to the Court of Industrial Arbitration as prescribed.

(4) Such person may take any such proceedings, and may recover any such balance due, and costs, notwithstanding that he may not be of full age either at the time of doing such work or at the time of taking such proceedings,

Breach of award or industrial agreement.

50.      (1) If any person commits a breach of an award or a

breach of an industrial agreement, whether by contravening or failing to observe the same, or otherwise, the registrar or an industrial magis­ trate may order him to pay a penalty not exceeding fifty pounds.
(2) Where on making such order it appears that the breach complained of relates to the failure of the defendant to pay in full any wages (including wages for overtime) due to the com­ plainant at the price or rate fixed by the award or agreement, the registrar or magistrate may also make such an order with respect to such wages as might have been made in proceedings taken under section forty-nine. Such order may be made without motion, and shall be a bar to proceedings under the said section in respect of such wages.

(3) Where an order is made under subsection one of this
section against any person, and the registrar or magistrate is of

opinion that the breach was committed by the wilful act or default of

any order made, grant a writ of injunction to restrain such person	such person, he may on motion or without motion, and in addition to
from committing further or other breaches of the award or industrial agreement.
If any person disobeys such writ of injunction he shall be guilty of a misdemeanour and shall be liable to imprisonment for any period not exceeding six months.
Such person may be committed for trial for such offence by any justice or justices acting under and in pursuance of the Justices Act, 1902, and any Acts amending the same, or by the court. For the purposes of such committal the court shall have the powers of a justice or justices under the said Acts.

(4)

(4) Proceedings for a breach, of an award or an industrial agreement may be taken and prosecuted by the Minister, or an employer, or the secretary of an industrial union concerned in the industry covered by such award or industrial agreement.

The costs of any such proceedings shall be paid by the complainant if the order is not made, and by the defendant if the order is made. Such costs shall be according to a scale to be fixed by the court.

51.      If the secretary of an industrial union of employees or

any person acting or purporting to act on behalf of any such industrial union receives any money paid in respect of any act constituting a breach of an award or industrial agreement otherwise than in pursuance of the order or with the previous approval of the registrar or an industrial magistrate, he shall be liable to a penalty not exceeding twenty pounds.

Unlawful dismissal.

52. If an employer dismisses from his employment any employee by reason of the fact that the employee is a member of a board or of a trade union, or an industrial union, or has absented himself from work through being engaged in other duties as member of a board, or is entitled to the benefit of an award or of an industrial agreement, the court may order such employer to pay a penalty not exceeding twenty pounds for each employee so dismissed.
In every case it shall lie on the employer to satisfy the court that such employee was dismissed from his employment for some substantial reason other than that above mentioned in this section.

No prosecution for an offence under this section shall be com­ menced except by leave of the court.

P A R T V I I I .

GENERAL AND SUPPLEMENTAL.

Fines and subscriptions payable to unions.

53.      The registrar or an industrial magistrate may order the

payment by any member of an industrial union of any fine, levy, penalty, or subscription payable in pursuance of the rules of the union.

Enforcement of orders.

54. (1) Where an order is made under sections forty-
four, forty-six, forty-seven, forty-nine, fifty, fifty-two, or fifty-three,

that any person or union shall pay the amount of any money

due

due or any penalty, such order shall have the effect of a judgment for the amount of such money or of such penalty in the district court or court of petty sessions named in. such order, or if no such court is so named, in the metropolitan district court at the suit of the Crown or person or union respectively, against the person or union against whom such order has been made; and such amount may he recovered and such recovery may he enforced by process of such court as in pursuance of such judgment.

(2) Any property of a union, whether in the hands of trustees or not, shall be available to answer any order made as aforesaid.

Appeal to court.

55.      (1) From any order of the registrar, or any industrial or

other magistrate or justices under this Act, imposing a penalty or ordering the payment of any sum of money or any penalty, an appeal shall lie to the court.
On any such appeal the court may either affirm the order appealed from or reverse the said order or reduce the amount so ordered to be paid or the amount of the penalty; and, in any case, the court may make such order as to the costs of the appeal, and of the pro­ ceedings before the registrar, magistrate, or justices, as it thinks just.

(2) The registrar, or any industrial or other magistrate or justices, may on the application made by any party to any proceedings for the payment of money or a penalty under this Act state a case for the opinion of the court, setting forth the facts and the grounds for any order or conviction made by him or them.

(3) The provisions of the Justices Act, 1902, and any Act amending the same, which relate to appeals to a court of quarter sessions and to the stating of cases by justices for the opinion of the Supreme Court, and the decision of any such court thereon, and the carrying out of such decision shall, mutatis mutandis, and subject to any regulations made by the court under this Act, apply to

the court under this subsection. and in relation to appeals to and cases stated for the opinion of (4) No other proceedings in the nature of an appeal from

any such order or by prohibition shall be allowed.

Procedure and decisions of court and boards.

56. The court or a board exercising the jurisdiction con­ ferred by this Act shall be governed in its procedure and in its decisions by equity and good conscience, and shall not be bound to observe the rules of law governing the admissibility of evidence.

57. Where the judge is unable to attend at the time and on the day appointed for the hearing of any matter by the court, the registrar, or, in his absence from the court, the chief clerk shall adjourn the court, and also adjourn the hearing of any cases set down for that day to such day as he may deem convenient.

58.      (1) Any decision of the court shall be final; and no award,

and no order, or proceeding of the court, shall be vitiated by reason only of any informality or want of form or be liable to be challenged, appealed against, reviewed, quashed, or called in question by any court of judicature on any account whatsoever.

(2) No writ of prohibition or certiorari shall lie in respect of any award, order, proceeding, or direction of the court relating to any industrial matter or any other matter which on the face of the proceedings appears to be or to relate to an industrial matter.
(3) The validity of any proceeding or decision of the board or of a chairman of a board shall not be challenged except as provided by this Act.

59.      I n any proceeding before the court it may reserve its

decision.

Where a decision has been so reserved it may be given at any continuation or adjournment of the court, or at any subsequent holding thereof, or the judge may draw up such decision in writing, and, having duly signed the same, forward it to the registrar. Whereupon the registrar shall notify the parties of his intention to proceed at some convenient time and place by him specified to read the same, and he shall read the same accordingly, and thereupon such decision shall be of the same force and effect as if given by the court.

Evidence of award and its validity.

60.      Evidence of any award, order, proclamation, notification,

rule, or regulation made under the authority of this Act or any of the	repealed Acts, may be given by the production of any document
purporting to be a copy thereof and purporting to be printed by the
Government Printer or by the authority of the Minister.

Penalties and costs.

61. Any penalty imposed by or under this Act or the regulations may, except where otherwise provided, be recovered upon summary conviction before a stipendiary, police, or industrial magistrate, or any two justices in petty sessions.

62. The amount of any penalty recovered under this Act shall be paid into the Treasury and carried to the Consolidated Revenue Fund.

63. (1) Except where otherwise in this Act provided, the court or the registrar, or any industrial or other magistrate or justices, may in any proceedings for a penalty or prosecution under this Act, and in any proceedings under section fifty-three or for a writ of injunc­ tion, make such order as to the payment of costs as may he thought just, and may assess the amount of such costs.

(2) Every order for the payment of costs made by the court or the registrar or the industrial magistrate shall have the effect of and be deemed to be a judgment for such amount in the district court or court of petty sessions named in the order, or if no such court is so named, then in the metropolitan district court, at the suit of the person in whose favour such order is made, against the person so ordered to pay costs.

Such amount may be recovered, and such recovery may be

enforced by process of such court as in pursuance of such judgment.

64.      Whosoever, before a board or the court, wilfully makes

on oath any false statement knowing the same to be false shall be

guilty of perjury.

The registrar, industrial magistrate, and inspectors.

65.      (1) The Governor may, subject to the Public Service Act,

1902, appoint an industrial registrar who shall have the prescribed
powers and duties.

(2) The Governor may appoint any person to act as a deputy for the registrar appointed under this Act for a time not exceeding in any case thirty days while such registrar is absent from his duties for any cause, and every such deputy shall while acting as such have the same jurisdiction and power, and perform the same duties as if he were the registrar.

(3) The judge may direct the registrar to inquire into

any matter as to which he requires information for the purpose of

the exercise of the jurisdiction of the court in any matter not being
proceedings for a penalty under this Act, and the registrar shall
inquire accordingly, and report to the court.

For the purpose of such inquiry and for the purpose of any matter which by this act or the regulations is referred to him, the registrar may summon any persons, administer oaths and take affidavits, and examine parties and witnesses.
Every person summoned by the registrar shall be bound to attend upon such summons, and shall for disobedience thereto be liable to a penalty not exceeding fifty pounds.
(4) For the purpose of hearing and determining any pro-
ceedings for a penalty or for the recovery of money under this Act,

the registrar shall have the powers of two justices of the peace

within any police district. 66.

66.       (1) The Governor may appoint industrial magistrates,

who shall have the qualifications of a police magistrate, and who shall throughout the State have the jurisdiction and powers conferred by this Act on an industrial magistrate, and in the exercise of such jurisdiction may do alone whatever might be done by two or more justices sitting in petty sessions.
(2) The Governor may appoint any person duly qualified as aforesaid to act as a deputy for any industrial magistrate appointed under this Act for a time not exceeding in any case thirty days while such magistrate is absent from his duties for any cause, and every such deputy shall while acting as such have the same jurisdiction and power and perform the same duties as if he were an industrial magistrate.

67. (1) The Governor may, subject to the Public Service Act, 1902, appoint inspectors who shall have the powers and duties prescribed.

Any such inspector may exercise the following powers and. perform the following duties in respect of an industry as to which an award or an industrial agreement is in force:—

(a)	He may at any reasonable times inspect any premises of any employer upon which any such industry as aforesaid is carried on, and any work being done therein.
(b)	He may at any reasonable times require the employer in such industry to produce for his examination, and may examine, any time-sheets and pay-sheets of the employees in such industry.
(c)	He may at any reasonable times examine any employee in such industry as to the prices for piece-work and the rate of wages paid to him, and as to his hours of work as such employee.

(d) He may, on obtaining the authority of the Minister, institute An inspector shall report to the Minister all breaches of this Act, or of an award or industrial agreement, which have come to his knowledge. proceedings for a penalty under section fifty-three.

(2) No inspector shall have any authority under this Act to enter a private dwelling-house, or the land used in connection therewith, unless some manufacture or trade in which labour is employed is carried on therein.

(3) If any person obstructs any inspector in the exercise of his powers under this Act, or fails when duly required as afore­ said to produce any time-sheets or pay-sheets, he shall be liable to a penalty not exceeding ten pounds.

Miscellaneous,

Miscellaneous.

68.      (1) Every employer in an industry in respect of which

an award or an industrial agreement is in force shall keep, or cause to be kept, from day to day and at the place where his employees in such industry are working, in the manner and to the effect prescribed, time- sheets and pay-sheets of such employees, correctly written up in ink.

If he fails to carry out any of the requirements of this section he shall be liable to a penalty not exceeding ten pounds.

(2) A copy of any award whether made under the repealed Acts or this Act shall be exhibited and kept exhibited by every employer carrying on an industry to which it relates, at the place where the industry is carried on, so as to be legible by his employees. If such employer fails to carry out the provisions of this subsection he shall be liable to a penalty not exceeding ten pounds.

(3) The penalty imposed by each of the preceding sub­ sections may in addition to being recoverable in terms of section sixty-one of this Act, be ordered to be paid by the registrar or an industrial magistrate subject to the provisions of section fifty-four of this Act.

69.      Employers and employees shall give at least twenty-one

days' notice of an intended change affecting conditions of employment with respect to wages or hours or the prices of piece-work. During any proceedings before a board, neither the employers nor the employees in the industry the subject of such proceedings shall alter the conditions of employment with respect to wages or hours, or the prices for piece-work, unless upon the recommendation of the board that they be at liberty to do so.

If any person fails to carry out any of the requirements of this section he shall be liable to a penalty not exceeding fifty pounds.

70.      Any person who, either as principal or as an agent, makes

or enters into any contract or agreement, or is or continues to be a

to restrain the trade of the State in any necessary commodity to the	principal of or engages in any combination or conspiracy with intent
detriment of the public, shall be liable to a penalty not exceeding five hundred pounds.

71 .      Any person who monopolises or attempts to monopolise,

or combines or conspires with any person to monopolise any part of the trade of the State with intent to control, to the detriment of the public, the supply or price of any necessary commodity, shall be liable to a penalty not exceeding five hundred pounds.

Regulations.

72.      The judge may repeal any regulations made under the

repealed Acts and make regulations for carrying out the provisions of

this

this Act, and the Clerical Workers Act, 1910, and in particular, but

without derogating from the generality of such powers—

(a)	prescribing the forms of references and applications to a board and generally the forms to be used in carrying out this A c t ;
(b)	prescribing the form of oath to be taken by members of boards and committees;

(c) regulating the exhibition by an employer of an award;

(d)	prescribing the form and mode of service of notices of meetings of a board and of a committee, and regulating the convening of such meetings;
(e)	prescribing the giving of notice of inspection by a board or its members of premises used in any industry, and prescribing the form and regulating the service of such notice ;

(f) regulating the procedure at meetings of boards and committees;

(g)	providing for the payment of expenses of witnesses ; and persons summoned by the registrar or summoned to attend a conference under the provisions of Part V ;
(h)	regulating the procedure to be followed in proceedings before the court and before the registrar and an industrial magistrate, and in enforcing judgments, convictions, and orders given and made under this A c t ;

(i) for the enforcement of orders for penalties and orders for attachments made under this A c t ;

(j)	prescribing the powers and duties of the registrar, and regulating the registration under this Act of industrial unions;
(k)	imposing any penalty not exceeding ten pounds for any breach of such regulations;

(1) as to matters which by this Act may be prescribed.

73.      (1) Regulations made under this Act, on being approved

by the Governor and published in the Gazette, shall, if not disallowed as hereinafter provided, and if not repugnant to this Act, have the

force of law.

(2) All such regulations on being gazetted shall be laid before both Houses of Parliament within fourteen days if Parliament is then sitting, and, if not sitting, then within fourteen days after the next meeting of Parliament. But if either House of Parliament passes a resolution of which notice has been given at any time within fifteen sittings days after such regulations have been laid before such House disallowing any regulation, such regulation shall thereupon cease to have effect.

SCHEDULES.

SCHEDULES.

S C H E D U L E O N E .

Designation of Group. Industries and Callings.

Building t rades	. . .	Carpenters , joiners, stonemasons, bricklayers, slaters, tilers, shinglers, plasterers , g an t ry a n d crane men, pa in te r s , paperhangers , decorators, s ignwriters , plumbers, gas- fitters, builders ' labourers, and all o ther employees engaged in the erection, a l tera t ion, or demolition of buildings, monumenta l masons and assistants , marble and slate workers.
Clothing t rades	. . .	Tailors, tailoresses, machinists , cu t te rs and t r immers , pressers,

felt and s t raw h a t makers , text i le workers, and all other persons engaged in the manufac ture of clothing, felt, and s t raw hats , and text i le goods.

Coal-mining (Nor th ) Coal-miners, wheelers, surface hands , and o ther persons em­ ployed in or about coal-mines nor th of Sydney.

Coal-mining (South) Coal-miners, wheelers, surface hands, and other persons em­
ployed in or about coal-mines in the Metropol i tan

and the South Coast Dis t r ic ts .

Coal a n d shale-mining Coal-miners and shale-miners, wheelers, surface hands , and

(Wes t ) .	other persons employed in and about coal and shale-mines west of Sydney.
D o m e s t i c . . .	Hotel , club, res tauran t , caterer, tea-shop, boarding-house, and oyster-shop employees, hairdressers, barbers, wig-makers, l aundry employees, hospital nurses, and a t t endan t s , ambulance employees; employees of insane asylums and

public char i table ins t i tu t ions .

Engine-dr ivers . . . Shore engine-drivers, firemen, greasers, t r immers , cleaners and pumpers.

Gas-makers Al l persons employed in the making, d is t r ibut ion, supply

and l ight ing of gas, or the reading of gas-meters.

Food supply and dis t r ibu- Bakers and assistants , bread-carters , pastrycooks, employees in biscuit and cake factories, confect ioners ; bu tchers employed in shops, factories, slaughter-houses a n d meat- preserving works, including car te rs ; f rui t preparers and canners and j am factory employees ; and yardmen, grooms, car ters , and labourers employed in connection wi th any such callings.

t ion (No. 1).

Food supply and distr ibu­ Milk and ice car ters , milk weighers and receivers, aera ted wa t e r cordial and beverage makers , brewery employees, malt-house and disti l lery employees, bot t lers , washers, wine and spir i t s tore employees, ice manufacturers , cold- storage employees, freezing and cooling chamber em­ ployees, grooms, labourers, and car ters employed in con­ nect ion wi th any such callings.

tion (No. 2).

S C H E D U L E ONE—cont inued.

Designation of Group. Industries and Callings.

F u r n i t u r e Trades Cabinetmakers , wood-turners, french-polishers, upholsterers, cha i rmakers , b l indmakers , mattress-makers , wire-mattress makers , picture-frame makers, carpet-planners, broom- makers , brushmakers , glassworkers, sawmill and t imber yard employees, wood machinis ts , coopers ; wicker, pith- cane, and bamboo workers ; and yardmen, carters, grooms, and labourers employed in connection wi th any such callings.

Government Rai lways . . . The employees of the Chief Commissioner of Rai lways and Tramways engaged on and in connection with the rai lways of the Sta te .

Government Tramways . . . The employees of the Chief Commissioner of Ra i lways and
Tramways employed on and in connection wi th the

t r amways of t he S ta te .

Government employees . . . The employees of the Sydney H a r b o u r T rus t Commissioners,

The Metropol i tan Board of W a t e r Supply and Sewerage, The H u n t e r Dis t r ic t W a t e r Supply and Sewerage Board, and Fire Br igade employees, and all employees on Government dredges.

I r on and ship bui lding Engineers , smiths, boilermakers, iron-ship bui lders , angle-iron b lacksmiths , coppersmiths, t insmiths , sheet-iron workers, makers of gas-meters, makers , repairers, and fitters of cycles a n d motor cycles, makers , fit ters, repairers, a n d instal lers of electrical appara tus a n d installat ions, and personsemployed in the main tenance of electrical appara tus and instal la t ions or in runn ing electrical plant , engine- drivers, firemen, greasers, t r immers , cleaners, and pumpers employed on land, ship and boat bui lders , and ship painters and dockers, farriers, employees engaged in the manufac ture of iron or steel, wire-nett ing makers , and all labourers and assis tants employed in connection with any

t rades . smiths, fitters, tu rners , pa t t e rn-makers , i ronmoulders,

such callings.

Lea the r	t rades	. . .	Boot, shoe, and slipper makers , coachmakers, coachpainters, coach-trimmers, and wheelwrights , saddle, harness, port­ manteau, and bag makers, lea ther makers , t anne r s and curriers, fellmongers, woolclassers, wool and basil workers, and all labourers and assis tants employed in connection with any such callings.
Labourers	Persons engaged in the construct ion of rai lways, t ramways , roads , bridges, and water conservat ion and i r r igat ion works, cement makers , concrete workers, rock-choppers, p l a t e l aye r s , hammer and dril l men, t imberers , pipe- layers, manhole builders, tool-sharpeners, navvies wi th or wi thou t horses and drays , gangers , employees of shires or municipal councils and of t he City Council, t imber- get ters and car ters , a n d all labourers and assis tants em- ployed in connection wi th any such callings.

S C H E D U L E O N E — c o n t i n u e d .

Designation of Group. Industries and Callings.

Manufac tu r ing (No. 1) . . . Brick, t i le, pipe, pot tery, t e r r a c o t t a , and chinaware makers

and carters , tobacco, cigar and cigaret te makers and employees, bag and sack makers, boiling-down employees, bone-millers and manure makers , makers of kerosene, naph tha , and benzine, or any other shale products , and all labourers and assis tants employed in connection wi th any such callings.

Manufac tu r ing	(No. 2)	. . .	Cardboard box makers , grain, starch, and mill employees, condiment-makers, tea, starch, pickle, and condiment packers, soap and candle makers , jewellery manufacturers and jewellers, electroplaters, and all labourers and assis tants employed in connection with any such callings.
Metall iferous	Min ing	Miners and all persons engaged in and abou t the mines and

(Broken Hi l l ) quarr ies and ore smelting, refining, t r ea tmen t , and
reduct ion works of Broken Hil l .

Metal l i ferous Mining Metalliferous miners, l imestone miners , quar rymen , and all persons engaged in and about metall iferous and limestone mines, quarries, mining dredges, or sluicing processes, ore

(General)

smel t ing and refining t r e a t m e n t and reduct ion works.

Wool-classers in charge of wool-rooms in shearing-sheds, or in charge of both wool-rooms and shearing-boards in shearing-sheds, shearers, shearing-shed employees, shearers ' cooks, wool-pressers, rouseabouts.

Pas tora l and rural workers

Compositors, l inotype, monoline, and o ther type-set t ing or type-casting machine operators and a t t endan t s , le t ter- press machinists , book-binders, paper-rulers, l i thographic workers, meta l varnishers, stone polishers, guil lotine machine cut ters , process engravers, paper makers, and all persons employed in paper mills,stereotypers, electrotypers, readers, feeders, flyers, publ ishing employees, book-sewers, folders, numberers , wire-stitchers, perforators, embossers, t i n box makers , copper pla te pr in ters , metall ic pr in te rs , box cut te rs and cardboard box makers , and all o ther per­

P r i n t i n g t rades . . .

sons employed in or in connection with the callings herein

ment ioned or the p r in t ing industry .

Professional and shop Professional musicians, journal is ts , and paragraph writers , and newspaper and magazine i l lustrators , shop assistants, cashiers in shops and office ass is tants in shops, warehouse employees.

workers

Shipmasters , officers, mar ine engineers, sailors, lamp-

Shipping . . .

t r immers , donkeymen, greasers , firemen, deckhands , s tewards, cooks, persons employed on ferry boats, dredges, tug boats, and ferry boats .

Dr ivers and loaders of trolleys, drays, and carts , wharf labourers and stevedores, coal-lumpers and coal-trimmers, cab and omnibus drivers, motor-waggon drivers, wood and coal car ters , ya rdmen , grooms, and stablemen, s toremen a n d packers ; and all persons in any way employed in connection wi th the car t ing of goods, produce, or merchandise.

T ranspor t

S C H E D U L E O N E —continued.

Designation of Group. Industries and Callings.

Miscellaneous Bill-posters, under takers and under t ake r s ' ass is tants and

dr ivers , livery s table employees; cab , omnibus, taxi-cab, and motor car drivers ; coke-workers, rope-makers, lift

a t t endan t s , office cleaners and caretakers , watchmen.

A n y such division, combination, a r rangement , or re-grouping of the employees in the indust r ies or callings mentioned in this Schedule, whe ther according to occupation or locality as t he Minister , on t he recommendat ion of t h e court , may direct.

S C H E D U L E T W O .

Dressmakers , shir t , blouse, and costume makers, milliners, and makers of underc lothing

( including outdoor workers) .