Industrial Arbitration Act Amendment Act 1920 (WA)

1920.] Industrial Arbitration. [No. 45.

INDUSTRIAL ARBITRATION.

11° GEO. V., No. XLV.

No. 45 of 1920.

AN ACT to amend the Industrial Arbitration Act, 1912.

[Assented to 24th December, 1920.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

1.    This Act may be cited as the Industrial Arbitration Short title.

Act Amendment Act, 1920, and shall be read as one with the Industrial Arbitration Act, 1912, hereinafter referred to as the principal Act.

amended by inserting after the word "absence," in line secnon 2. Section forty-three of the principal Act is hereby Amendment of

three, the Words "and may from time to time appoint a judge as deputy President of the Court, and in that capacity to ex- ercise the powers and functions of the President."

3. Section one hundred and twenty of the principal Act Amendment of section10.

is hereby amended by inserting after the word "dispute," in line three of subsection (1), the words, "and notwithstand- ing that a lockout or strike may exist," and the addition thereto of subsections, as follows:

(5.) Whenever a conference has been held under this section and an agreement has been reached as to the whole or some portion of the matters in dispute, an in- dustrial agreement between the parties to the conference shall be made accordingly, and the provisions of Part

III. of this Act shall apply.

No. 45.j Industrial Arbitration. [1920.

See 1912, No.	(6.) Whenever a conference has been held. and no agreement has been reached as to the whole or some por- tion of the matters in dispute, the President may, in the prescribed manner, refer all matters in dispute on which no agreement has been arrived at to the Court, and the Court shall have jurisdiction to hear and determine any matter so referred to it as an industrial dispute under tins Act.
6, s. 10,
Coin. 1911, No.

57, s. 59.

Special Com-	4. A section is hereby inserted in the principal Act, and
missioner.

See N.S.W. No.	shall have effect as follows:-
17 of 1912, s.

120A. (1.) The Minister may from time to time ap- point a special commissioner.

Conference. (2.)

Such commissioner may require the attendance of any persons to meet in conference whenever any ques- tion has arisen that in his opinion may lead to a lock-out or strike, or whenever a lock-out or a strike has occurred. At such conference the commissioner shall preside and endeavour to induce the parties to come to an agreement.

See Com. No. 6 of

1911, s. 6.	(3.) The commissioner may require any person, whether connected with an industrial dispute or not, whose presence at the conference the commissioner thinks is likely to conduce to the prevention or settlement of an industrial dispute, to attend at the conference.
Penalty.

If any person does not attend in conference when

required so to do as aforesaid, he shall be liable to a pen-

alty not exceeding fifty pounds.

(4.)

(5.) Whenever a conference has been held under this section and an agreement has been reached as to the whole or some portion of the matters in dispute, an in- dustrial agreement between the parties to the conference shall be made accordingly, and the provisions of Part III. of this Act shall apply.

See 1912, No. 67,

Whenever a conference has been held under this section and no agreement has been reached as to the whole or some portion of the matters in dispute, the special commissioner may, in the prescribed manner, refer all matters in dispute in which no agreement has been arrived at to the Court, and the Court shall have jurisdiction to hear and determine any matter so re- ferred to it as an industrial dispute -under this Act.

a. 68. (6.)

Com.1911, No. 0,

B. 10.

1920.] Industrial Arbitration. [No. 45.

A section is hereby inserted in the principal Act, and shall have effect as follows:—

5.

120b. When a conference has been held under section Wet.

and an agreement has been reached as to some portion

of the matters in dispute, but not as to the whole of the

matters in dispute, and an industrial agreement is not

made between the parties and registered within fourteen

days after the close of the conference, the President or

one hundred and twenty or one hundred and twenty a, artenCigerenee' to be filed with the Clerk of the Court a memorandum of the matters upon which an agreement was reached, and the terms and conditions agreed upon; and such memorandum shall thereupon have the force and effect of an industrial agreement between the parties for a period to be therein specified.

amended by omitting the words "four hundred pounds," and aection 4t3 6. Section forty-eight of the principal Act is hereby Amendment ot

inserting "six hundred pounds" in place thereof.