Industrial Arbitration Act Amendment Act 1941 (WA)

1941.] Industrial Arbitration. [No. 49.

INDUSTRIAL ARBITRATION.

5° and 6° GEO. VI., No. XLIX.

No. 49 of 1941.

AN ACT to amend the Industrial Arbitration Aet,

1912-1935.

[Assented to 15th January, 1942.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :—

This Act may be cited as the Industrial Arbitration Act Amendment Act, 1941, and shall be read as one with	Short title.
the Industrial Arbitration Act, 1912-1935 (No. 57 of 1912 as reprinted in the Appendix to the Sessional Volume of Statutes for the year 1935 and amended by the Industrial Arbitration Act Amendment Act (No. 2) of

1.

1937), hereinafter referred to as the principal Act.

2. Section twenty-six of the principal Act is amended 'ot nrorutthe in

by inserting therein after the word "shall" in line one principal Act.

the words "once in every year cause the accounts of the

union to be properly audited by a duly qualified public

accountant, and shall."

Section sixty-three of the principal Act is amended by inserting at the beginning of subsection (1) the words principal Act.	fr:	h31 eof	n ithe
m6
"At any time after an industrial dispute has been referred into the Court by any party, or when."

3.

4. Section sixty-nine of the principal Act is amended Amendment or s. 69 of the

by adding thereto paragraphs as follows:— principal Act.

(xv) to consolidate or divide references and all or

any matters before the Court;

(xvi) generally to give all such directions and do all such things as it deems necessary or expedient in the premises.

No. 49.] Industrial Arbitration. [1941.

Amendment

of s. 87 of the	5. Section eighty-seven of the principal Act is
principal Act.

amended as follows :-

(a)	by inserting after the word "award" in line three the words "or by any industrial agree- ment:"
(b)	by inserting after the word "award" in line five the words "or the industrial agreement, as the case may be:"
(c)	by adding to the section a new subsection as follows

(2) An appeal shall lie to the Court against any determination, decision, or finding of any board appointed under this section, upon such conditions as may be prescribed.

Amendment	of s. 88 of the6. Section eighty-eight of the principal Act is
principal Act. amended by deleting the words "during the term of the

award" in the third line of the section and substituting in their place the words "while the award is in force."

Amendment

of s. 90 of the 7. Section ninety of the principal Act is amended

principal Act. (a) by striking out the words "to vary or rescind" in the seventh line and substituting the follow- ing words in their place "to add to, vary, or rescind:"

(b) by adding the following

Provided further the Court may, when delivering an award or any amendment to an award, reserve liberty to apply to any party to the award to amend the award in regard to any matters to be specifically stated in the order conferring such leave, and such order may state the period of time (which may be less than twelve months) within which an application may be made under such order.

Amendment

of s, 94 of	8. Section ninety-four of the principal Act is
the principal

Act.

amended by inserting in line thtlee before the word

"Cleric" the words "Registrar or the."

Amendment

of s. 105 of	9. Section one hundred and five of the principal Act
the principal

Act.

is amended by adding thereto a new subsection as

follows :-

(5) The provisions of this section shall not apply to any counter proposals or counter claims

1941.] Industrial Arbitration. [No. 49.

made by the party or parties respondent to

the dispute.

10. Section one hundred and twenty-seven of the Amendment

the principal

principal Act is amended— Act.

(a)	by deleting the words "Clerk of the Court" in line four of subsection (1), and substituting the word "Registrar ;"
(b)	by deleting the words "Clerk of the Court" in line three of subsection (2) and substituting the word "Registrar ;"
(c)	by deleting the words "Clerk of the Court" in lines two and three, and in line seven of sub- section (5) and substituting the word "Regis- trar ;"

(d) by deleting the words "The Clerk shall refer the matter to the Court and" in lines ten and eleven of subsection (5) and substituting "the Registrar shall refer the matter to the Court, and the Clerk of the Court ;"

(e)	by deleting the words "Clerk of the Court" in lines four and five of subsection (6) and sub- stituting the word "Registrar ;"
(f)	by deleting the words "Clerk of the Court" in lines four and five of subsection (8) and sub- stituting the word "Registrar."

11. Section one hundred and sixty-four of the prin- Amendment; of s. 164 of

cipal Act is hereby amended—	the principal
Att.

(a) by adding the following words at the end of

subsection (1) :-

all such industrial agreements, awards, and orders, and, in addition, all the various notices and matters set out in the Schedule to the Act shall be published in the Western Australians. Industrial Gazette;

(b) by deleting the whole of subsection (2) and in- serting in lieu thereof a new subsection as follows

(2) The production of the Gazette or the

Western Australian Industrial Gazette in

which is published any industrial agreement,

No. 49.] industrial Arbitration. [1941.

award, or any order of the Court as aforesaid, or any notification made under the authority of this Act, or any of the notices or matters set out in the Schedule to the Act shall, before all Courts and persons acting judicially, be prima facie evidence of such agreement, award, order, notification, notice or matter and of any of the matters stated therein;

(c) by adding a further subsection as follows:

(3) The production of the Statistical Register compiled by the Government Statis- tician or by the Government Statistician's Office, containing any statistical information relevant to the consideration of any matter before the Court, or a copy of the same pur- porting to have been printed by the Govern- ment Printer, shall be prima facie evidence of the correctness of the matters therein stated.

New sections. 12. The following new section is hereby inserted

after section one hundred and seventy-four of the prin-

cipal Act :-

Prohibition on	174A. (1) No employer or worker or person acting
obtaining Pre-

miums in re- on behalf of an employer or worker shall ask,

sped to

employment. demand or receive or pay or provide or offer

to pay or provide any premium, payment or reward for or in respect of the employment or engagement of any worker in any industry which is the subject of an award or industrial agreement: Provided that nothing in this sub- section contained shall apply to an employ- ment or engagement through the agency of an employment broker acting in the ordinary course of his business under the Employment Brokers Act, 1909-1918.

(2) No person shall accept for publication or publish in a newspaper, periodical or otherwise any advertisement of an offer to accept or receive any premium, payment or reward of the kind referred to in the preceding subsection.

Penalty for breach of either of the above

subsections shall not exceed fifty pounds.

(3)

Notwithstanding the penalty provided by this

section, any sum or payment made in contra-

vention of this section by or on behalf of any

1941.] Industrial Arbitration. [No. 49.

person in respect of the employment or en- gagement of any worker may be recovered back by action at suit of any industrial in- spector, or at suit of the person by whom or on whose behalf such payment was made in any Court of competent jurisdiction.

13. A Second Schedule is hereby inserted in the prin- Insertion of second

cipal Act as follows:— Schedule.

SECOND SCHEDULE.

Notices and Mailers for Publication in the -Western Ansir«lian

Industrial Gazette."

1.    Retirements from industrial agreements.

2.    Notices of concurrence in industrial agreements.

3.    Any determination of the basic wage under Part VII. of this

Act.

4.

Any order of the Court in the nature of a mandamus or in- junction to compel compliance with an award or industrial agreement.

Decisions of the Court relating to the enforcement of awards

and industrial agreements or to breaches of the Act or regulations or

to the interpretation of awards or industrial agreements.

5.

6.    Decisions of industrial magistrates.

7.

Any order of the Court or President validating the registration of any rules or amendments of rules of a society or industrial union.

Any order of the President adding to, amending, or rescinding

any rule of a union which has or may have the effect of altering the

constitution of the union.

8.

9.    Any order of the Court consenting to the change of name of a

1771 ion.

A list of industrial unions registered in pursmmee of the

provisions of the Act, together with the registered offices of such

unions.

10.

11.    Any order of the Court, appointing a special board and any

inember chairman thereof, and all decisions of any such board.

Any order of the Court appointing a board of reference, and 'or assigning any matter thereto, and any decision of such a board.

12.

Notification of the constitution or dissolution of any industrial board, and the appohilment or men' ova/ of the member and elminnan thereof, or any order of the Court remitting any industrial dispute or industrial matter thereto.

13.

Any matter which is prescribed or which is directed by the Court or the President to be published or which the Registrar may deem expedient to publish.

14.

14. The principal Act as amended by this Act may be Citation of principal si edA n

cited as the Tndustrial Arbitration Act, 1912-1941.