Industrial Arbitration Act Amendment Act 1925 (WA)

No. 53.] Industrial Arbitration. [1925.

INDUSTRIAL ARBITRATION.

16° GEO. V., No. L.

No. 50 of 1925.

AN ACT to amend the Industrial Arbitration Act, 1912.

[Assented to 31st December, 1925.]

B E 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, acid by the authority of

I lie same, as follows:—

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

Act Amendment Act, 1925, and shall be read as one with the Industrial Arbitration Act, 1912, hereinafter referred to as. the principal Act.

Amendment of

Sec. 4 of 2. Section. four of the principal Act is amended, as fol-

principal Act. lows:—

(1) By inserting in the interpretation of "Employer," after the word "workers," the following words: —"also the Crown, and any Minister of the Crown or body corporate acting on behalf of the State."

(2) By adding to the interpretation of "Industrial dis- pute" the following words:—"The term also in- chides any dispute in relation to employment or industrial matters in an industry carried on by or under the control of the State, or by or under the control of any Minister of the Crown or body corporate on behalf of the State."

1925.] Industrial Arbitration. [No. 50.

(3) By adding to subparagraph (vi) of paragraph (1) of the interpretation of "Industrial matters," the following words:—"and the payment of examin- ers"; and by inserting in paragraph (f) a sub- paragraph, as follows:

(x) Any claim or dispute arising under an agreement of apprenticeship, or relating to an alleged breach of such agreement, notwithstanding that any party to any such agreement may have determined or have purported to determine the agreement.

(4) By adding to the interpretation of "Industrial mat- ters," the following paragraph:

(h.) What is fair and right in relation to any in- dustrial matter, having regard to the interests of the persons immediately concerned, and of the community as a whole.

(5) By inserting in the interpretation of "Industry," after the word "handicraft," in paragraph (a), the word "undertaking."

(6) By inserting after the words "domestic service," in the interpretation of "Worker," the words, "in a private home, provided that no home in which more than six boarders and/or lodgers are re- ceived for pay or reward shall be deemed to be a private home.

The term includes canvassers for industrial in- surance whose services are remunerated wholly or partly by commission or percentage reward.

For the purposes of this paragraph, the word "canvassers" means persons wholly and solely employed in the writing of industrial insurance business, and/or in the collection of premiums at not longer intervals than one month in respect to such insurance, but does not include 'any person who directly or indirectly carries on or is con- cerned in the carrying on or conduct of any other business or occupation in conjunction or in asso- ciation with that of industrial insurance.

The term does not include any officer or other person employed under the Public Service Act, 1904; or any officer within the meaning of that word in the Railways Classification Board Act, 1920, or the teaching staff of the Education De- partment.

No. 50.] Industrial Arbitration. [1925.

(7) By inserting an interpretation of the words "Indus- trial Board," as follows:—

"Industrial Board" or "Board"-means an In- dustrial Board appointed under Part IIT.A of this Act.

Amendment 01 3.

Section six of the principal Act is amended by omitting

the word "fifty," in paragraph (a), and substituting the word

"fifteen."

Sec. O.

4.   A section is inserted in the principal Act, as fol-

lows :-

Variation of agree•	40a. The Court may order that any industrial agree-
with common rule.

ment to conform

Com. C. and A. Act,	ment may be varied so far as it is inconsistent with an
1904-20, 8. 80.	award or other industrial agreement in operation as a common rule, and such agreement shall be deemed to be amended or varied as the case may be and take effect accordingly.
Sec. 42.

Amendment of 5.

(1.) Section forty-two of the principal Act is amended , by inserting after the words "shall be a," in line five, the words, "person qualified to be appointed a," and by substi- tuting for the word "nominated," in line six, the word "ap- pointed," and by substituting for the word "judge," in line seven, the words "third member."

(2.) Such amendment shall have effect from the 7th day of April, 1925.

Amendment of

Sec. 43. 6.

Section forty-three of the principal Act is amended by

substituting for the words "a Judge of the Supreme Court"

the words "a person qualified as aforesaid."

Amendment of 7.

Section forty-seven of the principal Act is repealed, and a section is inserted in place thereof, as follows:-

Sec. 47.

Tenure of office.	47. (1.) The tenure of office of the President shall be the same as in the case of a Judge of the Supreme Court, and he shall be entitled to all rights and privileges of a Judge, including pension:
Provided that a President shall not continue in office after he shall have attained the age of seventy years.
(2.) Each ordinary member of the Court shall be ap- pointed for a period of three years, and until the appoint- ment of his successor.

1925.] Industrial Arbitration. [No. 50.

(3.) Each ordinary member of the Court shall be eligible for re-appointment.

In the event of the period of office of the ordinary members of the Court expiring during the period of any investigation on which the Court has entered, the Gov- ernor may continue them in office for such time as may be necessary to enable them to take part in the comple- tion of the matter.

(4.)

8. Section forty-eight of the principal Act is repealed, Amendment of Sec. 48.

and a section is inserted in place thereof, as follows:—

48. The President shall receive a salary equal to that of a Judge of the Supreme Court, and each ordinary member of the Court shall receive such salary (not being less than £600 per annum) as shall be fixed from time to time by the Governor, and all such salaries shall be paid out of the Consolidated Revenue Fund. Salaries.

Section forty-nine of the principal Act is amended by omitting the word "ordinary."	Amendment of
Sec. 49.

9.

10. omitting the word "ordinary."	Section fifty-three of the principal Act is amended by	Sec. 53.
Amendment of
Amendment of

Section fifty-six of the principal Act is amended by omitting the words "other than the President," and by in- serting in place of the words "before the President" the words "before a Judge of the Supreme Court." Sec. 56.

11.

12. a section is inserted in place thereof, as follows:—	Section fifty-eight of the principal Act is repealed, and Amendment of	see. 58.
58. The Court shall have jurisdiction—	Jmiediction.
See Com. C. and A.

(a) on its own motion to deal with and determine all Act, 1904-20, en 18, 19; S.A. No. 1453,

industrial matters, and to prevent, settle, and 08.17.36.

determine all industrial disputes, pursuant to this Act, irrespective of whether the parties to any dispute are registered industrial unions or not, if the dispute has caused a cessation of work:

Provided that where there is a registered industrial. union of workers connected with the calling to which the industrial matter or dispute relates, such industrial union shall be a party to the proceedings, and the award shall be made and issued with reference to such union;

No. 50.] lndustnal rbitratiom. [1925.

(b) to settle and determine--

(i)

all industrial matters and disputes referred to

it by any party or parties under this Act;

(ii)    all industrial matters and disputes as to which the President has held a conference under section one hundred and twenty, and so far as no agreement has been reached, and which the President has referred to the Court; and

(iii)    all industrial matters and disputes as to which a conference has been held under section one hundred and twenty (a) and so far as no agreement has been reached, and which the commissioners have referred to the Court.

Conciliation.

Q. No. 16 of 1016, 13. A section is inserted in the principal Act, as fol- 61a. (1.) In the course of a hearing, investigation, or inquiry into any industrial dispute (including any compul- sory conference), the Court or the President, as the ease may be, shall make all such suggestions and do all such things as appear to be right and proper for dealing with the cause or bringing about the settlement of the dispute by amicable agreement.

6. 22i lows:—

(2.) If an agreement is arrived at a memorandum of its terms shall be made in writing and certified by the President, and such memorandum shall be filed in the office of the Clerk of the Court, and unless otherwise ordered and subject as may be directed by the Court shall have the same effect as and be deemed to be an award of the Court:

Provided that before any such memorandum of the terms of agreement is certified, all industrial unions that in the opinion of the President may be affected thereby shall be notified, and shall be afforded the opportunity of being heard.

Amendment of 14.

Section sixty-two of the principal Act is amended by

inserting the words "a commissioner or the" after the word

"by," in subsection (1).

Sec. 62.

1925.j Industrial Arbitration. [No. 50.

15. The following words are inserted after the word tmoetuent of e

"Court," in lines three, four, and five of subsection (4) of section sixty-three of the principal Act, namely, "or any industrial Board, Conciliation Committee, or Commissioners appointed under this Act."

16. A section is inserted in the principal Act, as fol- intervention of Crown.

lows :— (S.A. 1453, s. 34.)

63a. The Crown may, where, in the opinion of the Minister, a State industry is, or is likely to be affected by the award, order, decision, or determination of the Court, intervene in any proceeding before the Court, and make such representations as may be thought necessary in order to safeguard the public interest.

17. cipal Act, as follows:— A subsection is added to section sixty-five of the prin. 'Amendment of See. 05.

(3.) All industrial matters and disputes referred to the Court shall be listed and heard in the order in which the issues are settled, unless for a sufficient reason the Court shall otherwise direct.

18. A section is inserted in the principal Act, as fol- lows :-	Power of amend-
ment.
Com. C. and A. Act,

67a. The Court may, at any time before the determin- ation of an industrial dispute of which it has cognisance, allow the amendment, on such terms as it thinks fit, of the plaint or of any subsequent proceeding. 1004-20, S. 38K.

19. A section is inserted in the principal Act, as fol- Demarcation of

lows N.S.B.Act No. 17

e. (6).

67b. (1.) Where it appears to the Court that a ques- tion has arisen as to the right of workers in specified	r "Iti
B.A. . 4 , . 1563
/45.
callings to do certain work in an industry to the exclusion of the workers in other callings, the Court may, on ap- plication made by any industrial union of workers or industrial union of employers, constitute a Special Board to determine such question. Such board shall consist of a chairman and such number of other members as the Court may fix, and

(a) if in the opinion of the Court employers are inter-

ested in the question, one half of such other

members shall be representatives of employers,

No. 50.] Industrial Arbitration. [1925.

and the other half shall be representatives of the industrial unions of workers engaged in the said callings;

(b) such of the callings as the Court considers to be directly interested in the question shall be repre- sented on the board by an equal number -of re- presentatives of employers (if in the opinion of the Court employers are interested in the ques- tion) and representatives of the industrial unions of workers concerned.

(2.) The chairman and other members of any such board shall be appointed by the Court, but the Court in making such appointments shall give effect to nominee tions made in the prescribed manner by the parties con- cerned.

The determination shall be adopted by the Court

for the purposes of any award or order made by the

Court.

(3.)

Amendment of 20.

Subsection (2) of section seventy of the principal Act is repealed, and the words "and such parts of the documents as, in the opinion of the Court, do not relate to the matter at issue, may be sealed up" in that subsection, are inserted in subsection (9), after the word "Court," in line five thereof.

See. 70.

Power to remit,

etc. 21. A section is inserted in the principal Act, as fol-

Q. 1916, rip. 16,	lows:—
s. 11.

7 Ja. (1.) The Court may at any time

(a) remit to an Industrial Board for inquiry and re- port, with or without directions, any industrial matter or dispute which the Court considers it desirable to have included in any reference for investigation, and upon which the Court desires information for the purpose of making an award; and the Court may, but shall not be obliged to accept any conclusion arrived at or recommendation made by such Board, and all persons interested in such conclusions and recommendations shall be entitled to be heard before the Court. Any remission made as aforesaid may be withdrawn by the Court at any time and whether the Board has concluded its work or otherwise;

1925.] Industrial Arbitration. [No. 50.

(b) remit to a Board, with or without directions, for determination and award any industrial dis- pute, whereupon such Board shall have power to determine such dispute and make an award therein. Any remission made as aforesaid may he withdrawn by the Court at any time, and whether the Board has concluded its work or. otherwise.

(2.) The Court may at any time itself conduct any in- Polenrnof court an

vestigation, inquiry, or proceeding which has been re- Wir t y?

milted to a Board, and upon intimation being given to a n	Q. 1916, No. 10,
this effect by the Clerk to the Court to the Chairman of the Board, the Chairman shall forward to the Clerk to the Court a copy of the evidence taken before the Board and the exhibits thereto.
Upon such intimation by the Clerk to the Court the jurisdiction of the Board to continue the investigation, inquiry, or proceeding shall cease:
Provided that the Court may at any time again remit to the Board any matter arising in such investigation or inquiry for report, and upon such reference the jurisdic- tion of the Board to inquire and report upon the matter so referred shall revive.

22. A section is inserted in the principal Act, as fol- rardnotitard,

lows :—

78b. (1.) The award of a Board when made under the authority of a remission as hereinbefore provided shall be signed by the Chairman and forwarded to the Clerk to the Court, who shall forthwith publish the same in the Gazette and notify the parties.

(2.) Such award shall, from a date fixed by the Board, within the locality for which the Board has jurisdiction, take effect and have the force of an award made by the Court.

23. A section is inserted in the principal Act, as fob Appeal to the Court from a

lows:— Board.

78c. (1.) Subject as hereinafter provided, an appeal 114Q. 1916, No. 16

shall lie to the Court against any award of a Board made under the authority of a remission, or any part of such award.

No. 50.] Industrial Arbitration. [1925.

Such appeal may be brought, by leave of the Court but not otherwise, by any person bound by the award, or by any industrial union interested therein, and shall be commenced within six weeks after publication of the award in the Gazette, or within such further time as the Court on an application for extension of time deems proper.

The pendency of an appeal against such award or part

thereof shall not, unless the Court otherwise orders, sus-

pend or delay the operation of such award or part thereof.

On an appeal the Court shall allow any person or in-

dustrial union interested to become a party to the pro-

ceedings.

Appeals to be by	(2.) Every appeal under this Act shall be by way of rehearing or by case stated, and the Court may affirm, revise, or modify the award appealed against, and may give such decision and direction and make such order and award as ought to have been given or made in the first instance and may remit any matter arising out of or in- volved in the case to the Board, with or without direc- tions and whether for report to the Court or for deter- mination.
way of rehearing,
or case dated.
Board of

Reference.	24. A section is inserted in the principal Act, as fol-
4. 40a.

Com. 1904-20, lows:—

78d. The Court, by its award, or by order made on the application of any industrial union or person bound by the award, may

(a)	appoint, or give power to appoint, for the purposes of the award, a Board of Reference or Boards of Reference consisting of an equal number of employers' and workers' representatives, and a chairman; and
(b)	assign to a Board of Reference the function of allowing, approving, fixing, determining, or deal- ing with, in the manner and subject to the condi- tion specified in the award or order, any matters or things arising under or out of the award or order which may require from time to time to be allowed, approved, fixed, determined, or dealt with by the Board.

1925.] Industrial Arbitration. [No. 50.

25.    Section eighty-one of the principal Act is amended by tar

omitting the letters (a) and (b), and the words "or for one year and thenceforward from year to year"; and by adding to the section provisos as follows:—

Provided that it may be prescribed by an award that any provisions thereof may be referred to the Court for review at such intervals of time as the Court may think fit, with power to the Court to vary or rescind such provisions.

Provided also that at any time after the expiration of the first twelve months from the date of an award, and after the expiration of any subsequent period of twelve months, application may be made to the Court, by leave of the Court obtained by ally party to the award, for a review of any of the provisions of the award, and the Court shall have power to vary or rescind such provi- sions.

Repeal See, 82'

26.    Section eighty-two of the principal Act is repealed.

27. Section eighty-three of the principal Act is repealed, ctrirmice of a

and a section is inserted in place thereof, as follows:—

83. (1.) Notwithstanding the expiry of the term of an See Coln. C. and A. Act, 1004-20, s. 28.

industrial award, it shall, subject to any variation ordered by the Court, continue in force until a new award has been made.

(2.) Notwithstanding the continuance of an industrial award after the term thereof has expired, any person or body bound thereby may, during such continuance, refer any industrial matter or dispute to the Court, although the matter or dispute may be governed by the provisions of the award; and, subject to any order of the Court, such award shall continue in force pending a reference and until a new award is made.

28.    Section eighty-four of the principal Act is amended, as Amendment of

follows :-

(1)	By adding to paragraph (a) of subsection (1) the words "and with special provision, when deemed necessary, for a lower rate, to be fixed by the Court, in the case of junior workers."
(2)	By inserting after the word "prescribed," in subsec- tion (2), the following words :—"which is less than the basic wage determined under this Act, or if there is no such determination applicable."

No. 50.] Industrial Arbitration. [1925.

Repeal of Sec. 86. 29. Section eighty-five of the principal Act is hereby re-

pealed.

Amendment of 30.

(1.) A subsection is added to section ninety of the principal Act, as follows:—

Sec. 90.

Set S.A. No. 1453,	(5.) The Court may, in addition to imposing a penalty for breach of an award, order that any party liable shall pay to any worker the difference between the amount paid and that which should have been paid under the award; and the penalty imposed shall be deemed to be increased by the amount so ordered to be paid, and such amount may be recovered accordingly.
B. 121.

(2.) The words " (not being an order under section ninety-two hereof or section ninety-four of the Industrial Conciliation and Arbitration Act, 1902)," in section ninety of the principal Act, are omitted.

Amendment of 31.

Section ninety-one of the principal Act is amended by

omitting the words "and four," and inserting in place there-

of "four and five."

Sec. 91.

32.   A section is inserted in the principal Act, as fol-

lows:—

Enforcement orders	93a. The powers and jurisdiction of the Court under
May be made 09
Industrial Magis•

trates.	the last preceding four sections may be exercised by any
See Q. 1916, No. 18,	police or resident magistrate appointed by the Gover-
5. 1/ (1) 011.1
nor as an Industrial Magistrate for the purposes of this Act; and any order, conviction, or other decision of such magistrate shall be enforceable as if made by the Court.
Provided that if in any proceeding before an Indus- trial Magistrate a question of interpretation of an indus- trial agreement or award shall arise, it shall be referred to the Court.

Amendment of S. 33.

Section ninety-five of the principal Act is amended by inserting the word "otherwise" after the word "where" in line nine of subsection (1), and by the addition of a sub- section, as follows:

95.

(3.) Any writ or warrant of execution may, subject to this Act, be declared, by rules of Court, to have effect against any property (including land under the Transf e

of Land Act, 1893) as a writ of fieri facias, and it shall have such effect in respect of such property accordingly.

1925.] Industrial Arbitration. [No. 50.

34. The following sections, numbered thirty-five to forty- Industrial Boards.

five inclusive, shall be inserted in the principal Act as Part

PTA. thereof under the heading "Industrial Boards."

35. (1.) Industrial Boards may, on the recommendation of the Court, be constituted by the Governor for any calling, 12t.o a119111i 1916, No. 10,

s. 39.

See N.S.W., 1912,

industry, or undertaking recommended by the Court. No. 17, Fast n.

(2.) The functions of such Boards shall be- Functions.

(i)    The making of an award in any industrial dispute remitted to the Board by the Court under this Act; or

(ii) The making, after inquiry, recommendations to the Court as to the regulation of any calling or callings for the purpose of enabling the Court to make an award; or inquiring into and reporting to the Court on any matter re- mitted by the Court.

(3.) Each such Board shall consist of a chairman, and

of two or four other members, as may be recommended by the

Court.

3Lembers.

(4.) The Governor shall appoint as the members of such Boards, other than the chairman, persons who have been nominated by the employers or industrial unions of employers and the industrial unions of workers concerned, respectively, and who have been recommended by the Court.

One-half in number of such members shall be representa- tives of the employers, and one-half in number of such mem- bers shall be representatives of the workers.

(5.) Upon any failure to so nominate, representatives of employers or workers, as the case may be, shall be recom- mended by the Court and appointed by the Governor.

(6.) The chairman of a Board shall be some other per- son appointed by the nominated members; but if such mem- bers are unable to agree upon an appointment, the chairman shall be appointed by the Governor on the recommendation of the Court.

Chairman.

(7.) On the chairman and members being appointed, a Board shall be deemed to be constituted.

(8.) The employers or industrial unions of employers or

industrial unions of workers concerned shall be entitled, on

one occasion only but not oftener, to vacate the office of any

No. 50.] Industrial Arbitration. [1925.

member appointed to represent them respectively, whereupon a vacancy shall arise which shall be filled by a fresh appoint- ment on the nomination of the employers or industrial unions concerned, as the case may be, of a person who shall be appointed by the Governor on being recommended by the Court.

Gazette] of

appointments.	36. Every appointment of a member of a Board shall be A copy of a Gazette containing a notice of such appoint- ment 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 appoint- ment shall not be challenged.
Ibid., 9.41.	notified in the Gazette.

Exercise of	37.	powers of a Board may be exercised by a majority
powers.

Ibid., a. 42-	of the members thereof.
Oath to be take n by
members.	38. Each member of a Board shall, upon his appointment, take an oath that he will faithfully exercise and discharge the powers and duties of his office without fear or favour to any person, and will not therein wilfully make any false or inaccurate statement, and will not disclose any matter or evidence before the Board or the Court relating to
Ibid., s. 43.

(a) Trade secrets; or

(b) The profits or losses or the receipts and outgoings

of any employer; or

(c)	The books of an employer or witness produced before the Board or the Court; or
(d)	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, and shall not be eligible for re-appointment.

FaUnre of member	39. 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 Minister may declare his office vacant, and thereupon such member shall cease to hold office.
to attend.
Ibid., s. 44.

1925.j Industrial Arbitration. [No. 50.

40. (1.) The Minister, on the recommendation of the Eafigitgnini

Court, may at any time—	of member.
Q. 1910, No. 16,

(a)	Dissolve a Board;	s.45.
(b)	Remove any member of a Board from his office on the ground that such member cannot attend with reasonable regularity the meetings of a Board, or is not properly discharging Ms duties as a member of such Board.

(2.) During any vacancy in a Board (other than in the Iffueseettayvacanel

office of chairman) the continuing members may act as if no resignati"'

vacancy existed: Provided that in the case of a Board with four nominated members, during the vacancy in the office of one of such members, in order to prevent unequal voting, one of the representatives of the party having two represen- tatives shall refrain from voting on any question on which a division is called.

(3.) A new Board may be appointed to take the place of New Board.

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 provisions of this Act relating to the constitution and manner of appointment of Boards shall apply to the appoint- ment of such new Board.

41. (1.) Where from any cause a member of a Board thAmentl.

ceases to hold office, the Minister may appoint another mem- Q.40 la, 16.

her in his place, to represent employers or workers, as the case may be, who shall be duly nominated and recommended by the Court.

(2.) Where a person is appointed to any vacancy on a Board, the Board as newly constituted may continue the hear- ing of and may determine any part-heard case.

expenses, and allowances as may from time to time he fixed Ibid., S. 47. 42. The members of a Board shall be paid such fees, Fees, etc.

by the Governor.

43. (1.) Proceedings before a Board shall be commenced only by remission to the Board. by the Court.

Commencement of

Proceedings.

Q. 1916, No. /6,

(2.) All meetings of a Board shall be convened by the

chairman by notice served upon the members in the manner

prescribed.

a. 48.

No. 50.] Industrial Arbitration. [1925.

(3.) Parties to a remission and other persons concerned shall be summoned to attend the meetings of Boards by the chairman in the manner prescribed.

Powers of Board,	44. A Board may, on remission to them of any industrial matter or dispute by the Court, with or without directions, whether for determination and award or for inquiry and report
B. 1916, No. 16,
$. 49.

(a)	Investigate such cause judicially;
(b)	Conduct its proceedings in public;
(c)	Adjourn the proceedings to any time or place;
(d)	Admit and call for such evidence as in good con- science they think to be the best available, whether strictly legal evidence or not;
(e)	Where empowered to make an award make such

award;

(f) In other cases make any recommendation which they deem proper with regard to any industrial matter or dispute remitted to them, and in such recom- mendation specify in what manner and to what extent in any particular the power of the Court to make awards should in the opinion of the Board be exercised.

Power to ad- 45. The chairman or any member of the Board may re- minister oaths, etc. quire any person (including a member) giving evidence

10, before a Board to give his evidence on oath or affirmation,

and for such purpose may administer an oath or take an

affirmation.

In the exercise of its powers, and for the purpose of obtaining evidence, and compelling the attendance of persons to give evidence, and the punishment of persons failing to attend when summoned or . refusing to give evidence or pro- duce documents, and for making any order as to the payment of costs and expenses, including the expenses of witnesses, the Board shall have all the powers and authorities of the Court, and shall be deemed to be the Court.

Conciliation cam-

mittees.

46. The following sections, numbered forty-seven to forty-

nine inclusive, shall be inserted in the principal Act as Part

IVB. thereof under the heading "Conciliation Committees."

1925.] Industrial Arbitration. [No. 50.

The Minister may, for the purposes of this Part of this Act, by a notification in the Gazette, constitute districts,	gsotrililectas.	.	6	17.9	. 10, No. 16.
2

tlon of

47.

See N.S. o.54Y 1912 ,

and may cancel or amend any notification made under this	. 38.
section.
Such notification may extend to all the callings in the district, or be limited to any specified calling or callings.

(1.) The Minister may, in , the manner prescribed, constitute for any such district a conciliation committee con-	Conciliation corn-
m
Q. 1016, No. 10,

48.

68.

sisting of a chairman and two or four other members, as the	Sea N.S.W. 1912,
No. 17, 5.39.
Minister may determine, and to be appointed by him, one half in number of whom shall be nominated as prescribed by the employers or industrial union or unions of employers concerned and the other half nominated as prescribed by the industrial union or unions of the workers concerned, or fail- ing any such nomination shall be recommended by the Court.
The chairman shall be chosen by the unanimous agree- ment 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 Minister.
(2.) Subject to this section and so far as they may be applicable, such of the provisions of Part ETA. of this Act as relate to the office of members of Boards shall apply to any member of a Committee constituted under this section.

(1.) Any such committee shall meet on being sum- moned by its chairman, as prescribed, or at the request of	Inquiry by
fe .m1151)1t6t,"No. 16, 4.
59.
the Minister, and shall inquire into any industrial matter or	Sec N.S.N. 1912,
dispute in connection with the calling concerned, or any of	No. 17, ns. 40, 41.
them if more than one.
(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.

49.

If such agreement is come to, it shall be reduced to writing and signed by the other members on behalf of the Ten to have

(3.)

effect	Industrial
agreement.

employers or industrial unions of employers and the indus-

trial unions of workers concerned.

Such agreement, on being certified by the chairman as prescribed, shall be filed in the office of the Clerk of the Court, and shall have effect as an industrial agreement between the parties thereto.

No. 50.] Industrial Arbitration. [1925.

References to Court

by industrial unroof

50. Sections ninety-seven and ninety-eight of the principal

Act are repealed, and a section is inserted in place thereof,

as follows:-

or associations.

97. (1.) No industrial matter (including any applica- tion for the enforcement of any industrial agreement or award of the Court) or dispute shall be referred to the Court by an industrial union or association, otherwise than pursuant to a resolution of the governing body of such industrial union or association.

(2.)

In the ease of an industrial dispute, such resolu- tion shall be published. in a newspaper circulating in the district in which the registered office of the union or asso- ciation is situated.

(3.)

If, in the case of au intended reference by an in- dustrial union, a request in writing signed by not less than ten per centum of the union is made to the govern- ing body within fourteen days after such publication to submit the matter of the intended reference to a ballot of the members, such ballot shall be taken in the pre- scribed manner, and the dispute shall not be referred to the Court unless a majority of the members who record their votes vote in the affirmative.

(4.)

In the case of an association, if within fourteen days after the publication of such resolution a majority of the industrial unions represented on the association, at special meetings to be called for the purpose of taking such resolution into consideration, pass resolutions for- bidding the reference, the dispute shall not be referred to the Court.

51. Part\ of the pr T. i ncipal Act is inhere by repealed, an

Repeal f Pa rt V.

d inserti provisions are inserted place thereof and thereof:

a the following

Part in place on

an

thereof.

Part V.—Basic Wage.

Declaration of basic 100. (1.) Before the fourteenth day of June in every

wage.

year the Court, of its own motion, shall determine and de-

clare

(a) a basic wage to be paid to male and female work-

ers; and

(b) wherever or whenever necessary, differential basic rates to be paid in special or defined areas of the State.

1925.] Industrial Arbitration. [No. 50.

(2.) The expression "basic wage" means a sum sufficient to enable the average worker to whom it ap- plies to live in reasonable comfort, having regard to any domestic obligation to which such average worker would be ordinarily subject:

Provided that in the application of the basic wage to industrial agreements and awards so far as a wage is thereby fixed for workers who receive from their em- ployer without charge board and lodging, or lodging, or board, or partial board, or other allowances Which are deemed by the Court to be a just set-off, the monetary value thereof as assessed by the Court shall be deemed, pro tanto, payment of a portion of the wage received by the worker:

Provided, also, that in fixing the basic wage the Court shall not deem itself bound by any previous decision of the Court or any other Court fixing a minimum or basic wage.

(3.)

By leave of the Court any party concerned may be represented at and take part in any inquiry which may be held by the Court when determining the basic wage. The Court may allow such reasonable costs to the parties as it may deem to be sufficient, and such shall be payable from moneys appropriated by Parliament for the pur- poses of this Act.

(4.)

The determination of the Court shall be presented

to the Minister, who shall cause it to be published forth-

with in the Gazette.

(5.)

The basic wage so declared shall operate and have effect from the first day of July thence next ensuing, and shall remain in force until the thirtieth day of June in the year following.

(6.) After the declaration of the basic wage as afore- said, no award or industrial agreement shall be made which prescribes a lesser wage than the basic wage, ex- cept in the case of junior, infirm or aged workers, or ap- prentices.

101. Awards and industrial agreements made before Existing awards the -first declaration of a basic wage under this Part of andag't°' this Act may be varied by the Court on the application

of either party so far as the same may be inconsistent with the basic wage as determined under this Part of this

No. 50.] Industrial Arbitration. [1925.

Act. If no application is made, such awards and indus- trial agreements shall continue in force until the expira- tion of their currency.

New awards

and agreements. 102. Awards and industrial agreements made after the commencement of this Part of this Act shall prescribe and distinguish separately

(a) the basic wage; and

(b) other wages or allowances, and/or additional re-

muneration; and

(c) any deductions therefrom.

Automatic increases 103. Subject to section one hundred and one the basic wage prescribed in every award and industrial agree- ment shall, from time to time, automatically become in- creased or decreased so that it conforms to and is in parity with the basic wage as last determined by the Court : Provided that in the ease of junior, infirm or aged workers or apprentices, in respect to whom a lower basic wage may have been prescribed, such increase or decrease shall be pro rata to such lower rate of wage.

or decreases.

Amendment of 52.

Section one hundred and ten of the principal Act is amended by inserting a subsection, as follows :—

Sec. 110.

(2.) The Court shall have the same power as the

Supreme Court to punish for contempt, and nothing in

this section shall be deemed to derogate from such power.

Amendment of 53.

Section one hundred and fifteen of the principal Act

is amended by adding thereto the following two subsec-

tions :-

Sec. 115.

(2.) It shall be the duty of the Registrar whenever a total or partial cessation of work occurs in or in connec- tion with any industry to make immediate inquiry into the cause thereof, and if on such inquiry he shall be of the opinion that any person has committed or is commit- ting any breach of this Act, or of any industrial agree- ment or award of the Court, he shall forthwith acquaint the Court and the Crown Law officers accordingly.

(3.) In the carrying out and discharge of his duties under this section, the Registrar shall be entitled to the assistance of all industrial inspectors and officers of the Court.

1925.] Industrial Arbitration. [No. 50.

54. A new part is inserted to the principal Act, to stand lAzotteaadTs.

as Part VA, as follows:—

Part Va.—Apprentices.

103a. (1.) The Governor may appoint a board of three members, to be called "the Apprenticeship Board," which shall be constituted as follows :—

(a) One member shall be nominated by the industrial

unions of employers in the building trade;

(b) One member shall be nominated by the industrial

unions of workers in the building trade;

(e) The third member shall be appointed chairman, and shall be a member of the Court of Arbitra- tion.

(2.)

No person shall be employed or become an ap-

prentice in the building trade otherwise than as pre-

scribed by this section and the regulations.

Penalty: One hundred pounds.

(3.)

Whenever any person who is indentured as an ap- prentice to the Board shall have already served for some period as an apprentice to the building trade (including service with the parent of the apprentice), such service shall be taken into consideration in fixing the period of apprenticeship to the Board.

(4.)

Every such apprentice shall be indentured to the Apprenticeship Board in the prescribed form, and shall

be placed from time to time with an employer under an

agreement of apprenticeship between the Apprenticeship Board, the apprentice, and the employer, with power re- served to the Board to abrogate any agreement, and to transfer the apprenticeship from one employer to an- other :

Provided that the members of the said Board shall not be personally liable under. this Act, or under any agree- ment or indenture of apprenticeship entered into with the said Board, nor shall such members be liable to any action or proceeding at the instance of any apprentice or employer or other person joined in such agreement or indenture.

The Governor may, on the recommendation of the Court, by regulation define the term "building trade" for the purposes of this section.

(5.)

No. 50.] Industrial Arbitration. [1925.

Apprenticeship

generally. 55. A section is inserted in the principal Act, as fol-

lows :-

103b. (1..) livery person desirous of becoming an ap- prentice shall be employed on probation for a period of three months to determine his fitness or otherwise for ap- prenticeship. In the event of his becoming an apprentice, such probationary period shall be counted as part of the term of apprenticeship.

No premium shall be paid to or accepted by an employer for taking an apprentice.

(2.)

(3.) It shall be provided in every agreement of ap- prenticeship

(a)	that technical instruction of the apprentice, when available, shall be at the employer's expense, and shall be in the employer's time, except in places when such instruction is given after the ordinary working hours;
(b)	that in the event of any apprentice, in the opinion of the examiners, not progressing satisfactorily, increased time for technical instruction shall be allowed at the employer's expense to enable such apprentice to reach the necessary standard.

t 4.) Any employer who, when required by the Court, or by the Apprenticeship Board in the case of appren- ticeships in the building trade, to enter into an agree- ment of apprenticeship, neglects or refuses to do so with- out reasonable cause shall be guilty of an offence.

Penalty: Fifty pounds.

(5.) This section applies to apprenticeship generally

to any industry to which this Act relates.

So far as the Act to declare the law relating to masters and apprentices (37 Victoria, No. 12) is incon- sistent with the provisions of this Act, or of any indus- trial agreement or award, it shall be of no effect.

(6.)

56. A section is inserted in the principal Act, as fol-

lows:—

Registration of

agreements of	103c. (1.) No apprentice shall be employed by an employer in an industry which is subject to an indus- trial agreement or award, otherwise than by an agree- ment in writing registered with the Clerk of the Court.
apprenticeship.

1925.j Industrial Arbitration. [No. 50.

(2.) Application for the registration of an agreement for apprenticeship shall be made by the employer to the Clerk of the Court within fourteen days from the date of the agreement.

Subject to section one hundred and three (a) sub- section (3), service under an agreement of apprenticeship shall not commence until registration, unless an appli- cation for registration has been duly made within the prescribed time, in which case, on registration of the agreement, service thereunder shall be deemed to have commenced from the date of the agreement, or such other date (not being earlier than the date of the agreement, or such other time as may be mutually agreed between the industrial union of workers and the employers) as may be thereby fixed:

(3.)

Provided that if it is proved to the satisfaction of the Court that by inadvertence, or from some cause for which there is sufficient excuse, an application for registration was not made within the prescribed time, the Court may permit the registration after the expiration of such time, but in such case the service shall date from the regis- tration, unless the Court otherwise directs.

Except as provided by this section, every agree- ment of apprenticeship shall be subject to the provisions of any industrial agreement or award in force for the time being applicable to apprenticeship in the industry to which the agreement relates.

(4.)

(5.) Notice of application for the registration of an agreement for apprenticeship shall be given by the Cleric of the Court to the industrial unions or associations of workers or employers in the industry, and any such union or association may, within a time to be fixed by a notice (not being less than fourteen days from the date thereof) give notice to the Clerk of the Court of its objection to the registration of the agreement, and the grounds there- of.

On receipt of such notice of objection the Clerk shall refer the matter to the Court, and shall notify all parties concerned of the time and place appointed for the hear- ing, and the Court may make such order for registration

of the agreement or other wise as it thinks fit.

No. 50.] Industrial Arbitration. [1925.

(6.) Except as provided in subsection (4) of section one hundred and three (a) an apprentice shall not be transferred from one employer to another otherwise than by an agreement in writing registered by the Clerk of the Court. The provisions of subsection (5) of this section shall mutatis mutandis apply to the registration of any such transfer.

No apprentice employed under a registered agree- ment shall be discharged by the employer for alleged misconduct until the registration of the agreement of apprenticeship has been cancelled by order of the Court on the application of the employer.

(7.)

(8.) If at the commencement of this section any em- ployer in an industry to which this section applies is employing any person as an apprentice under an agree- ment that has not been registered with the Clerk of the Court, such employer shall forthwith apply for the regis- tration of such agreement under this section, and service under such agreement shall be deemed not to have com- menced until registration, unless on an application by the employer, or by or on behalf of the apprentice, the Court shall otherwise direct.

(9.) The breach or non-observance by an employer of any of the provisions of this section shall be an offence against this Act.

Penalty: Fifty pounds.

Regulations as to

apprenticeship." 1-1 57. 103d. (1.) The Court, with the approval of the Gov-

Q. 1923, No.10, ernor, may make regulations

s. 29.

(a)	prescribing the method in which apprentices shall be indentured and placed with employers, and the terms and conditions of apprenticeship;
(b)	prescribing the matters to be taught to appren- tices, the methods, times, and conditions of in- structing apprentices, and the examinations (if any) which shall be passed by them;

(c) for the training of apprentices in technical

schools or otherwise;

(d) for the examination of apprentices, and the ap-

pointment and payment of examiners; and

(e) prescribing all such other matters relating to ap- prentices as may be deemed necessary or de- sirable.

1925.] Industrial Arbitration. [No. 50.

(2.) The Governor may, on the recommendation of the Apprenticeship Board, by regulations prescribe the wages to be paid by employers to apprentices employed in the building trade, when such wages are not fixed by an industrial agree- ment or award, and by such regulations may impose a penalty not exceeding twenty pounds for any breach thereof.

Provided that this section shall not operate in limitation of the powers of the Court in respect to industrial matters.

58. is repealed, and a section is inserted in place thereof, as Section one hundred and sixteen of the principal Act Publication in

1:Iczt .tinifawards,

follows :-

116. (1.) It shall be the duty of the Clerk of the Court to publish in the Gazette all industrial agreements and awards filed in his office, and all orders of the Court whereby industrial agreements and awards are amended, interpreted, or affected.

(2.) The production of the Gazette in which is pub- lished any industrial agreement or award, or any order of the Court as aforesaid, or any notification made under the authority of this Act, shall, before all Courts and persons acting judicially, be prima facie evidence of such agreement, award, order, or notification,. and of any matters therein stated.

59.    (1.) Subsections (5) and (6) of section one hundred r:112%7E1"f

and twenty of the principal Act are repealed, and subsections

are inserted in place thereof, 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, the Pre- sident shall sign and cause to be filed with the Clerk of the Court a memorandum of the matters upon which an agreement has been reached, and the terms and conditions agreed upon; and unless otherwise ordered, and subject to any direction by the President, such memorandum shall thereupon have the force and effect of an award of the Court, and shall be enforceable accordingly:

Provided that before any such memorandum is signed all industrial unions and employers that in the opinion of the President may be affected thereby shall be notified, and shall be afforded the opportunity of being heard.

No. 50.1 Industrial Arbitration. [1925.

Whenever a conference has been held under this section, and an agreement has been reached as to , some of the matters in dispute, but not as to the whole of the matters in dispute, the President may refer to the Court the matters in dispute as to which no agreement has been reached, and the Court shall have jurisdiction to hear and determine such matters so referred to it, and may incor- porate in its award all matters as to which an agreement was reached at the conference.

(6.)

(7.)

Whenever a conference has been held under this section and no agreement has been reached, the President may refer to the Court all or any of the matters in dis- pute, and the Court shall have jurisdiction to hear and determine the same.

Compulsory con-	60. Sections one hundred and twenty (a) and one hundred
ference with

Commissioners.	and twenty (b) of the principal Act, are repealed, and a sec- 120a. (1.) In this section the term "industrial dis- pute" includes any threatened or impending or probable industrial dispute.
See W.A. 1920.
No. 45, s. 41.	tion is inserted in lieu thereof, as follows :--

(2.)

The Minister may appoint Commissioners for the purpose of preventing or settling any industrial dispute, and notwithstanding that any lock-out or strike may exist.

(3.)

Such Commissioners may summon any person to

attend, at a time and place specified in the summons, at

a conference.

The words "any person" in this section include not only persons engaged in or connected with an industrial dispute, but also any person, whether connected with an industrial dispute or not, whose presence at the confer- ence the Commissioners think is likely to conduce to the prevention or settlement of the industrial dispute.

(4.)

Any person so summoned shall attend the confer-

ence and continue his attendance as directed by the Com-

missioners.

(5.)

The conference may be held partly or wholly in

public or private, at the discretion of the Commissioners.

(6.) In furtherance of such conference the Commis-

sioners shall have and may exercise any of the powers

of the Court, and the provisions of section seventy re-

1925.] Industrial Arbitration. [No. 50.

lating to evidence shall apply, as if the Commissioners were the Court acting in exercise of its jurisdiction when an industrial dispute is referred to it.

(6a) The Commissioners may make such order as to costs, and for the payment to be made to persons sum- moned for their attendance, as may be made by the President at a compulsory conference convened under section one hundred and twenty.

(7.)

The Commissioners may take evidence on oath or

affirmation, and for that purpose any Commissioner may

administer an oath or affirmation.

Any person summoned to attend before the Com- missioners who fails to attend and to continue his attend-

See W.A. 1902, No.

28, 6. 3 ; 1914, No.

6, S. 2.

ance, shall be liable to a penalty not exceeding five hun-

dred pounds.

(8.)

(9.)

Where a conference has been held under this sec- tion, and au agreement as to the whole or part of an in- dustrial dispute is reached, the Commissioners shall sign and cause to be filed with the Clerk of the Court a memor- andum of the matters on which an agreement has been reached and of the terms and conditions agreed upon, and such memorandum shall thereupon have the force and effect of an award of the Court for a period therein specified, and shall be enforceable accordingly, and the proviffions of this Act relating to awards shall apply:

Provided that before any such memorandum is signed, all industrial unions that in the opinion of the Commis- sioners may be affected thereby shall be notified, and shall be afforded an opportunity of being heard.

(10.) Where a conference has been held under this sec- tion, but agreement has not been reached as to the whole of the industrial dispute, the Commissioners shall fur- nish a report in writing to the Court of their proceedings on the matter in dispute as to which agreement has not been reached, and the Court shall have jurisdiction to hear and determine any matter so referred to it as an industrial dispute under this Act.

(11.) The Minister may, for the purposes of this section, appoint one Commissioner instead of several Commissioners, and in such case the Commissioner so appointed shall have and may exercise the powers of Commissioners appointed under this section.

No. 50.] Industrial Arbitration. [1925.

After conference

President or Com-	61. A section is inserted in the principal Act, as fol-
missioners may, by

consent, exercise lows :-

powers of Court. 120b. Where a conference has been held under sec- tion 120 or 120a of this Act, and an agreement as to the whole or part of the matters in dispute is not reached, but all parties to the dispute consent in writing to the dispute or the matters in difference being heard and determined by the President or the Commissioners, as the case may be, the President or the Commissioners shall have all the jurisdiction and powers of the Court to hear and determine the dispute, and the award of the Presi- dent or the Commissioners shall have the effect of an award of the Court.

Amendment of

62. Paragraphs are inserted in subsection two of section

one hundred and twenty-five of the principal Act, as fol-

lows :-

Sec. 125.

Regulating the practice and procedure before an industrial magistrate for and incidental to the enforcement of industrial agreements and awards, and prescribing the costs to be allowed in such proceedings, and the fees to be paid, and the allowances to witnesses.

(vi.)

Providing for the registration of junior workers under a prescribed age employed in any industry.

(vii.)

Amendment of

63. Subsection (2) of section one hundred and twenty-six

of the principal Act is amended by substituting for the words

"three months" the words "twelve months."

Sec. 126.

Principal Act to be 64. All copies of the principal Act to be hereafter printed

reprinted as

amended. by the Government Printer shall be printed as amended by

this Act and the Industrial Arbitration Act Amendment Act, 1920, under the superintendence of the Clerk of Parliaments, and references to the amending Acts shall be made in the margin.

In such reprint of the principal Act the sections may be renumbered in arithmetical order, and cross references adjusted, and the short title shall be the Industrial Arbi- tration Act, 1912-1925.