Industrial Arbitration Act Amendment Act 1973 (WA)

WESTERN AUSTRALIA.

INDUSTRIAL ARBITRATION.

No. 108 of 1973.

AN ACT to amend the Industrial Arbitration Act,

1912-1971.

[Assented to 4th January, 1974.]

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

1. (1) This Act may be cited as the Industrial Arbitration Act Amendment Act, 1973.	Short title
and citation.

(2)	In this Act the Industrial Arbitration Act, Vol. 22 of

1912-1971, is referred to as the principal Act.

Reprinted

Reptinted

Acts.

Approved for

The principal Act as amended by this Act may teprint 23rd

(3)

May, 1969

be cited as the Industrial Arbitration Act, 1912-1973. and	amended by
Acts Nos. 9
34309/12/73.-2,000.	and 62 of

No. 108.]

Industrial Arbitration.

[1973.

Commence-

ment.

This Act shall come into operation on a date

to be fixed by proclamation.

Long title

The long title to the principal Act is amended by deleting the words "Arbitration and Conciliation" and substituting the passage "Arbitration, Concilia- tion and Mediation".

amended.

Amendment

Section 2 of the principal Act is amended by adding after the passage, "PART IVA.—WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT. Ss. 108A-108D." the passage, "PART IVB.—MEDI- ATION AND CONCILIATION. Ss. 108F-108K." .

to s. 2.

(Act divided

into parts.)

Section 4A	5.	Section 4A of the principal Act is repealed.
repealed.
Section 4B	6.	The principal Act is amended by adding a
added.

section as follows-

Certain in-

dustrial	4B. Any industrial matter or industrial
matters and

industrial	dispute referred to the Commission before the
disputes
deemed not	date of the coming into operation of the
to have
arisen in	Industrial Arbitration Act Amendment Act,
certain
circum-	1973, shall be deemed not to have arisen and
stances.	shall not be heard and determined or otherwise dealt with by the Commission unless

(a)	the hearing of that industrial matter or industrial dispute has been com- menced by the Commission before that date; or
(b)	the parties to that industrial matter or industrial dispute, within one month after that date, advise the Registrar in writing that they agree that the industrial matter or industrial dispute be heard and determined or otherwise dealt with by the Commission. .

Amendment

to s. 6.	7. Section 6 of the principal Act is amended
(Interpre-

tation.)

(a) by deleting the interpretation "certifying

solicitor"; and

1973.]

Industrial Arbitration.

[No. 108.

(b)	by adding after the interpretation "Lock- out" an interpretation as follows

"Mediator" means a person appointed

mediator under this Act; .

Amendment

8. Section 9 of the principal Act is amended

to s. 9.

(Conditions

(a)	by substituting for the passage "office;" in	to be
fulfilled
the last line of paragraph (a) the passage	before
making an
"office, but the Registrar may, upon	application
for regis-
written request signed by the President and	tration.)
Secretary of the society, authorise the giving of notice of the meeting by a method different from that prescribed in the fore- going provisions of this paragraph, if and only if he is satisfied that all reasonable actions have been or will be taken in order to ensure that all members of the society will thereby receive due notice of the meeting; and" ;
(b)	by repealing paragraph (c) and the word "and" following that paragraph; and

Section 9A

Section 9A of the principal Act is repealed.

repealed.

(Certificate

of Certify-

ing Solici-

tor that

rules

comply

with Act

and pur-

poses of

society

lawful.)

Amendment

10.

Section 9B of the principal Act is amended

to s. 98. (Matters to be

(a) by deleting the passage "(except in the capacity of an honorary member or a

provided

for in

rules.)

member who or whose personal representa- tive is entitled to some financial benefit or financial assistance under the rules of the society while not being a worker or employer)" in lines three to eight inclusive of paragraph (a) of subsection (2); and

No. 108.]

Industrial Arbitration.

[1973.

(b)	by adding after subsection (2) a subsection as follows

(2a) For the purpose of paragraph (a) of subsection (2) of this section, an honorary member of the society or a member of the society who or whose personal representative is entitled to some financial benefit or financial assistance under the rules of the society while not being a worker or employer, shall be deemed to be a worker or employer as the case may be. .

Amendment

to s. 10.

11. Section 10 of the principal Act is amended

(Amalga- mation of unions.)	(a)	by substituting for the word "chairmen" in line three of subsection (2) the word "presidents";
(b)	by substituting for the word "applications" in line one of subsection (3) the word "application";
(c)	by substituting for the word "Every" in line one of subsection (4) the passage "Subject to subsection (4a) of this section, every"; and
(d)	by adding after subsection (4) the following subsection

(4a) Where an application is made under this section

(a)	no objection may be made con- cerning the qualifications of persons for membership of the proposed new union unless those qualifications exceed in ambit or extent the aggregate of the qualifications for membership of the unions which are parties to the application; and

1973.]

Industrial Arbitration.

[No. 108.

(b)

no objection may be made con- cerning the area of operation or industry or calling in respect of which the proposed new union is sought to be registered unless that area of operation or industry or calling exceeds in ambit or extent the aggregate of the areas of operation or indust- ries or callings in respect of which the unions which are parties to the application are registered. .

12. Section 11 of the principal Act is amended	to s. 11.
Amendment
(Mode of applica-

(a) by substituting for the passage "as approved by the certifying solicitor or the Court, as the case may be;" in lines one to three inclusive of paragraph (b) of sub- section (1) the passage "referred to in paragraph (b) of section nine of this Act; and" ;

tion.)

(b)	by substituting for the passage "applica- tion; and" in line twelve of subsection (1) the passage "application." ;
(c)	by deleting paragraph (d) of subsection (1); and
(d)	by substituting for the word "seven" in line one of subsection (2) the word "fourteen".

13. Subsection (3) of section 15 of the principal	Amendment
to s. 15.

Act is amended by substituting for the word "chair-

(Powers

and

man" in line three the word "president".

liabilities

of industrial

unions.)

14. Section 23 of the principal Act is amended— Amendment

to s. 23.

(a) by deleting the passage "nine A," in line one (Amendment

of rules.)

of subsection (1);

No. 108.]

Industrial Arbitration.

[1973.

(b)	by substituting for the words "ten cents" in line five of subsection (2) the words "the cost of production per copy of those rules";
(c)	by deleting subsection (4); and
(d)	by adding after subsection (9) a subsection as follows

(10) (a) Notwithstanding the fore- going provisions of this Act, any part of an application to amend the rules of a union that does not relate to the quali- fication of persons for membership of the union, or the area or industry or calling in respect of which the union is registered, shall be referred by the Chief Industrial Commissioner to the Commission consti- tuted by a Commissioner to be dealt with thereby; and the Commission so consti- tuted has and may exercise in dealing with an application that is so referred to it, the powers of the Commission in Court Session.

(b) An application to which paragraph (a) of this subsection refers may be dealt with by the Commission in chambers.

Section 23A

added.

15. The principal Act is amended by adding after

section 23 a section as follows-

Power of

governing	23A. Where, in the course of dealing with an
body of

society or	application by
union to
make

certain	(a)	a society for registration as a union;
alterations to rules.
(b)	two or more unions for registration as one union; or
(c)	a union to amend its rules,

the Commission or, as the case may be, the Commission in Court Session requires that any applicant's rues be altered in form but not in substance the rules may, notwithstanding any

1973.]

Industrial Arbitration.

[No. 108.

other provision of this Act or the provisions of those rules to the contrary, be so altered by the governing body of the society or union.

Amendment

16. Subsection (2) of section 24 of the principal Act is amended by substituting for the word "chair-	to s. 24.
office and
(Registered
man" in line two the word "president".	branch
office of
industrial union.)
Amendment

17. Section 25 of the principal Act is amended

to s. 25.

(Records

to be kept

(a) by repealing subsection (2);

and filed by

industrial

union,)

(b) by repealing subsection (3);

(c)	by substituting for the passage "para- graphs (b), (c) and (d)" in lines three and four of subsection (4) the passage "para- graph (b)";
(d)	by adding after the word "section" in line five of subsection (4), the words "and a record of the number of members in the industrial union"; and

(e) by repealing subsection (7).

18. Section 26 of the principal Act is repealed and re-enacted as follows-	repealed
Section 26
and re-
enacted.

26. (1) Where it appears to the Registrar that the register of members of an industrial union	Power of
Registrar in
relation to
register of
is not being maintained in such a form and	members of
industrial
manner as to provide, for the purpose of the	union.
conduct of a ballot or election in pursuance of this Act, a convenient form of the accurate particulars of the membership of the industrial union, he may direct the union to make such rectifications in the register and such changes in the form or manner in which the register is being maintained, as he considers necessary for that purpose.

No. 108.]

Industrial Arbitration.

[1973.

(2) An industrial union to which a direction is given under subsection (1) of this section shall comply therewith.

Penalty: Twenty dollars.

(3) A certificate from the Registrar stating that a person specified in the certificate was at a time so specified a member or officer of an industrial union so specified is, in all courts and proceedings, prima facie evidence of the facts so stated. .

Amendment

to s. 36B.	19. Section 36B of the principal Act is amended
(Action by Registrar.)

(a)	by repealing and re-enacting subsection (1) as follows

(1) Where an application made in accordance with section 36A of this Act is lodged with the Registrar, the Registrar shall grant the application and refer the matter to the Court. ;

(b)	by repealing subsection (2); and
(c)	by deleting the words "or imprisonment for six months" in lines eight and nine of sub- section (5).

Amendment 20. Subsection (2) of section 36H of the principal

ment of

(Enforce- Act is amended by deleting the words "or imprison-

orders.)

ment for six months" in lines five and six.

Amendment

to s. 38L.

21. Section 36L of the principal Act is amended

(Ballot

papers, etc.,

by deleting the words "or imprisonment for six

to be pre-

served.)

months" in lines ten and eleven.

Amendment

to s. 36M.

22. Subsection (7) of section 36M of the principal

(Registrar

to conduct

Act is amended by deleting the words "or imprison-

elections

upon	ment for six months" in lines fifteen and sixteen.

request.)

1973.]

Industrial Arbitration.

[No. 108.

Amendment

23.

Subsection (3) of section 36N of the principal Act is amended by deleting the words "or imprison-	to s. 36N.
connection
(Offences in
ment for six months" in lines two and three.	with
elections.)

Section 36P of the principal Act is amended to s. ndm

Ame

24. 36P.ent

by substituting for the word "Court" in lines (Cou

oider

one, eight and twelve respectively the word begot.)

"Commission".

25. Section 36Q of the principal Act is amended— to s. 36Q.

Amndm ent

(Enforce-

(a)	by substituting for the word "Court" in line	ment of
orders.)
one of subsection (1) and in line two of subsection (2) respectively the word "Commission"; and
(b)	by deleting the words "or imprisonment for six months" in lines five and six of sub- section (2).
Amendment

26. Section 36R of the principal Act is amended

to s. 36R.

by substituting for the word "Court" in lines one

papers, etc.,

(Ballot

and seven respectively the word "Commission".

served.)

to be pre-

Amendment

27. Section 36S of the principal Act is amended

to s. 36S. (Persons

(a)	by substituting for the word "Court" in	having the
conduct of
lines one and three respectively of sub-	ballots.)
section (1) the word "Commission";
(b)	by deleting the passage "-1951" in line five of subsection (1);
(c)	by deleting the words "or imprisonment for six months" in lines thirteen and fourteen of subsection (3); and

(d) by repealing subsection (6).

Amendment

28. Subsection (3) of section 36T of the principal

to s. 36T.

Act is amended by deleting the words "or imprison-	connection
(Offences in
ment for six months" in lines two and three.	with
ballots.)

29. Section 36U of the principal Act is amended Amendment

to s. 360.

by substituting for the word "Court" in line four the (Saving of	the powers
word "Commission".	conferred by s. 36P.)

No. 108.]

Industrial Arbitration.

[1973.

Amendment

to s. 37.	30. Subsection (5) of section 37 of the principal from" being the last word in the subsection the passage ", until a new agreement or an award in substitution for the first mentioned agreement has been made".
(Industrial
agreements	Act is amended by adding after the word "there-
may be
made.)
B.39

amended.

31. Section 39 of the principal Act is amended

(Parties to agreement may be	(a)	by adding after the section number "39."
added.	the subsection designation "(1)"; and
(b)	by adding a subsection as follows

(2) Where a union satisfies the Com- mission

(a)	that there is in force an indust- rial agreement-

(i) to which the union is not a party; and

(ii) which governs any terms and conditions of employ- ment of workers employed in the same or any part of the same area of operation or industry or calling as that in respect of which that union is registered; and

(b)	that among the workers whose terms and conditions of employ- ment are governed by that industrial agreement are some of its members,

the Commission may, on application being made by that union, order that that union become a party to that industrial agreement and thereupon for the purposes of this Act that union shall be a party to that industrial agreement and shall be deemed to have concurred therein. .

1973.]

Industrial Arbitration.

[No. 108.

Amendment

32. Section 43 of the principal Act is amended by

to 5. 43.

(Variation

adding after the word "force" in line two the words

of an

Industrial

"by virtue of its term".

Agreement inconsist- ent with

an award.)

Amendment

33. Section 44 of the principal Act is amended

to s. 44.

(Constitu-

(a)	by deleting paragraph (b) of subsection (1)	tion of
Commis-
and substituting the following paragraph	sion.)

(b) such number of other Commissioners as may, from time to time, be necessary for the purposes of this Act. ; and

(b) by repealing subsection (2).

Amendment

34. Subsection (1) of section 52 of the principal

to s. 52.

Act is repealed.	Commis-
(Rights of
sioners presumed.)
Amendment

35. Section 60 of the principal Act is amended by

to s. 60.

repealing	of the
(Officers
Commis-

(a) subsection (3);

sion.)

(b) subsection (4); and

Amendment

36. Section 61 of the principal Act is amended

to s. 61.

(Jurisdiction

(a)	by adding after the word "industry" in line	of Com-
mission.)
three of subsection (1), the passage ", in- cluding any industrial matter or industrial dispute referred to it under Part IVB of this Act,"; and
(b)	by deleting paragraph (d) of subsection (2).
Amendment

37. Section 65 of the principal Act is amended

to s. 65.

(Concilia-

tion.)

(a)	by substituting for the words "by any party" in line two of subsection (1) the words "pursuant to this Act";

No. 108.]

Industrial Arbitration.

[1973.

(b)	by repealing the passage commencing "(c)" in line ten of subsection (2) and ending with the word "Commission" being the last word in the subsection and re-enacting the passage as follows

"and

(c)	shall, if so filed, be certified subject to this Act, by the Commission in proceedings which shall be held in public,

and when so certified has, subject to this Act, the same effect as and be deemed to be an award of the Commission" ; and

as follows

(4) In proceedings for certification of a memorandum of agreement under this section the Commission may add to or otherwise vary the memorandum

(a)	if any provision in the memo- randum is inconsistent with or contrary to any provision of this Act; or
(b)	if it appears to the Commission to be equitable so to do in the interests of any person who is not a party to the memorandum,

but an alteration shall not be made pursuant to paragraph (b) of this sub- section so as to affect the rights or obligations of the parties to the memo- randum with respect to one another unless those parties consent thereto. .

1973.]

Industrial Arbitration.

[No. 108.

38. Section 66 of the principal Act is amended tomseMment

by adding after subsection (2) a subsection as gin/Y=11a,

follows— (3) Notwithstanding the foregoing provisions lig gent

atter or

msp	dispute may

referred to the Commission

of this section or any other provision of this 51°n•)

(a)	under Part IVB of this Act; or
(b)	when all parties to the industrial matter or dispute agree that the matter or dispute be determined by the Commis- sion,

and not otherwise. .

Amendment

39. Subsection (3) of section 69 of the principal

to s. 69.

Act is amended by adding a paragraph as follows (b) A notification by the Commission under	sion to
(Commis-
decide
according to equity

paragraph (a) of this subsection shall be given	and good
to the parties to the hearing before any reasons	conscience.)
for decision or minutes in which any matter or information referred to in that paragraph has been taken into account, are issued to those parties. .

40. Section 70 of the principal Act is amended	Amendment
to s. 70.
(Sittings of

(a)	by substituting for the words "the Registrar	Commis-
shall give to all parties concerned" in lines	sion.)
three and four of subsection (1) the words "the parties concerned shall be given";
(b)	by deleting the words "by the Registrar" in line nine of subsection (1); and
(c)	by substituting for the passage "section one hundred and seventy-one" in lines one and two of paragraph (a) of subsection (2) the words "sections one hundred and eight H and one hundred and eight I".

41. Section 71 of the principal Act is amended	to s. 71.
Amendment

by substituting for paragraph (i) the following

(Powers of

Commis-

paragraph-

sion.)

(i) direct parties to be struck out or persons to be joined; .

No. 108.]

Industrial Arbitration.

[1973.

Amendment

to s. 77.

42.

Subsection (5) of section 77 of the principal Act is amended by deleting the passage ", and for that purpose any member or the Clerk of the Court may administer an oath or affirmation" in lines two, three and four.

(Evidence.)

Amendment

to s. 79.	43.	Section 79 of the principal Act is amended
(Minutes
of award or

amendment	(a)	by adding after the word "award" in line
of award
or order.)	two of subsection (1) the passage "or an order under Part IVB of this Act"; and
(b)	by adding after the word "award" in the last line of subsection (2) the words "or an order".
Amendment

to s. 92.	44. Section 92 of the principal Act is amended
(Currency

and review	(a)	by deleting the word "and" in line four of
of award.)
subsection (2);
(b)	by adding after paragraph (a) of subsection (2) a paragraph as follows-

(aa) give such retrospective effect to the whole or any part of the award as the Commission may consider equitable but not beyond the date upon which the Commission first took cognizance of the matter in respect of which the award or part of the award was made; and ;

(c)	by repealing and re-enacting subsection (3) as follows

(3) (a) The Commission may at any time review any provision of the award and may by order, subject to subsection (5) of this section, add to, vary or rescind that provision.

(b) The power conferred on the Com- mission under paragraph (a) of this subsection, may be exercised on the application of any union, association or employer who is bound by the award.

1973.]	Industrial Arbitration.	[No. 108.
(c)

Subject to paragraph (d) of this subsection, an order made pursuant to paragraph (a) of this subsection has effect from the date specified in the order.

(d) The provisions of paragraph (aa) of subsection (2) of this section apply, with such modifications as circumstances require, to an order made pursuant to paragraph (a) of this subsection.

An order made pursuant to para- graph (a) of this subsection may be limited in its effect to a particular employer or to particular employers. ; and

(e)

(d)	by repealing and re-enacting subsection (6) as follows

(6) The provisions of subsection (5) of this section do not apply to

(a)	an award whose term has expired; or
(b)	an application by a person who is not a party to that award,

but this subsection does not limit the powers conferred on the Commission by section seventy-one of this Act. .

45. The principal Act is amended by adding after ?Iron

section 92A a section as follows—

added.

92B. (1) Where a union satisfies the Commis- Unions

industrial

sion—	coverage
may be
joined as

(a) that there is in force an award-	party to
certain
awards.

(i) to which the union is not a party;

and

No. 108.]

Industrial Arbitration.

[1973.

(ii) which governs any terms and conditions of employment of workers employed in the same or any part of the same area of operation or industry or calling as that in respect of which that union is registered; and

(b)	that among the workers whose terms and conditions of employment are governed by that award are some of its members,

the Commission may, on application being made by that union, order that that union be made a party to the award and shall thereupon amend the award accordingly.

(2) Where a union has, pursuant to subsection (1) of this section, been made a party to an award, the union may at any time make appli- cation for a new award governing the terms and conditions of employment of such of its mem- bers as would otherwise be workers to whom that firstmentioned award applied and the Commission is hereby empowered to make such new award notwithstanding that the first- mentioned award is still in force by virtue of its term. .

Amendment

to s. 99.

46.

Section 99 of the principal Act is amended by

(Enforce-	adding after subsection (5) a subsection as follows
ment of

awards and	(6) In this section "award" includes an order made by the Commission under this Act not being an order in respect of which a penalty is prescribed by any other provision of this Act, except this section, for a contravention or failure to comply with the order. .
industrial
agreements.)
Amendment

Subsection (1) of section 102 of the principal "value of sixty dollars" in the last line the pas- sage "extent to which such goods are from time to time protected from such seizure under the Local Courts Act, 1904".

to s. 102.

47.

(Property	Act is amended by substituting for the words
liable to
execution.)

1973.]

Industrial Arbitration.

[No. 108.

Amendment

48. Subsection (1) of section 107 of the principal

to s. 107.

(References

Act is amended by adding after the word "Commis-	to Commis-
sion" in line four the words "or to an Industrial	sion tobe approved
Magistrate".	by resolu-
tion of
union.)
Amendment

49. Section 108B of the principal Act is

to s. 108B.

amended	tion of
(Jurisdic-
Court.)

(a)	by deleting the passage "in the case of an appeal pursuant to subsection (4) of section nine A of this Act or" in lines six to eight inclusive of paragraph (d) of sub- section (1); and
(b)	by deleting the passage "subsection (4) of section nine A of" in lines two and three of subsection (5).

Amendment

50. Subsection (5) of section 108C of the prin-

to s. 108C.

(Appeals to

cipal Act is amended by adding after the word	Commission
"appeal" in the last line of paragraph (b), the	in Court
Session.)
passage "and may remit the case to the Commission for further hearing and determination".
Heading

51. The principal Act is amended by adding after

Part IVB

added.

section 108E a heading and section as follows

Section

108P added.

PART IVB.-MEDIATION AND CONCILIATION.

Request for,

108F. (1) Where the parties to an industrial

anti ap-

pointment

dispute request a Commissioner in writing to	of, mediator in an
appoint as mediator in the dispute, a person	Industrial
named in the request, the Commissioner shall,	dispute.
if that person is willing to act, appoint him as mediator for the purpose of that dispute.
(2) The appointment of a mediator in an industrial dispute shall end when

(a)	he has completed the functions pre- scribed by this Act in relation to the industrial dispute;

No. 108.]

Industrial Arbitration.

[1973.

(b)	any party to the industrial dispute advises the Commissioner by whom he was appointed, in writing that he no longer desires the services of the mediator with respect to the industrial dispute; or
(c)	the mediator advises the Commissioner by whom he was appointed in writing that he resigns his appointment as mediator,

whichever event first occurs.

(3) The Minister shall pay a mediator such fees and expenses as the Commissioner by whom the mediator was appointed, having regard to the circumstances of the case, recommends, and for that purpose the mediator shall, in the prescribed manner, notify that Commissioner of the time spent and of any expenses incurred by him in connection with the settlement of the dispute.

(a) For the purpose of this section the Registrar shall maintain a register of persons who have been nominated in writing by the Trades and Labor Council of Western Aus- tralia, The Western Australian Employers' Federation (Incorporated) or the Minister as persons who are proper persons to be, and who are willing to act as, mediators under this Part of this Act.

(4)

The register shall be open to inspection by any union, association or employer.

(b)

The fact that a person's name does not appear on the register does not prevent that person from being appointed a mediator under subsection (1) of this section. .

(c)

1973.]

Industrial Arbitration.

[No. 108.

Section 1080

52. The principal Act is amended by adding a section as follows-	added.
Memoran-

108G. (1) Where, as a result of negotiations relating to an industrial dispute at which a	dum of agreement
as to whole of
mediator has presided, an agreement is reached	matters in dispute to
as to the whole of the matters in dispute	be drawn up and
between the parties thereto, a memorandum of	referred to
the terms of agreement	Commission.

(a)	shall be drawn up by, or at the direction of the mediator and signed by him; and
(b)	shall, if all of the parties to the dispute so request in writing, be referred by him to the Commission for issuance as an award or an order amending an award.

(2) A reference made pursuant to subsection (1) of this section shall, for all purposes of this Act, be deemed to be

(a)	the filing of a memorandum of agree- ment under and for the purposes of section sixty-five of this Act; or
(b)	an application under section ninety- two of this Act,

as the case may be.

(3) Where the request referred to in para- graph (b) of subsection (1) of this section is not made or a reference made pursuant to that paragraph is dismissed by the Commission the parties to the dispute shall, subject to the pro- visions of this section and to those of Part III of this Act, execute and register an industrial agreement in the terms of the memorandum.

(4) The parties to the dispute may exclude from an industrial agreement made pursuant to this section, and the Commission shall exclude from any award or order made pursuant to this section, any matter contained in the memorandum which, prior to the making of the

No. 108.]

Industrial Arbitration.

[1973.

industrial agreement or award or order, as the case may be, is made the subject of an unregis- tered agreement between the parties to the dispute. .

Section 108H

added.	53. The principal Act is amended by adding a section as follows
Memoran-

dum of	108H. (1) Where, as a result of negotiations
agreement

as to some	relating to an industrial dispute at which a
of the	mediator has presided, an agreement has been
matters in
dispute,	reached as to some of the matters in dispute
to be
drawn up	but not as to all of them, or if no agreement
and referred
to Com-	has been reached, if the parties to the dispute
mission.
so request in writing, the mediator

(a)	shall draw up or cause to be drawn up and sign a memorandum of the matters agreed upon, and the matters then in dispute; and
(b)	shall refer the memorandum to the Commission for hearing and determin- ation of those matters in dispute.

(2) In determining a reference made under subsection (1) of this section the Commission shall make an order which shall bind only the parties to the dispute and shall exclude from the order any matters, which prior to the making of the order, the parties make the subject of an unregistered agreement.

(3) Upon, or at any time after the making of an order under this section, the parties may, in the prescribed manner, request the Com- mission to

(a)	issue an award in the terms of the order; or
(b)	amend the award by which the parties are bound so as to give effect to the terms of the order.

(4) A request made pursuant to subsection (3) of this section shall, for all purposes of this Act, be deemed to be-

1973.]

Industrial Arbitration.

[No. 108.

(a)	the filing of a memorandum of agree- ment under and for the purposes of section sixty-five of this Act; or
(b)	an application under section ninety- two of this Act,

as the case may be.

(5) An order made under subsection (2) of this section shall cease to operate upon the making of an award or order on a request made under subsection (3) of this section.

Section 1081

54. The principal Act is amended by adding a section as follows-	added.
Power of

1081. (1) Subject to this section, a Com- missioner may summon any person to attend,	Commis- sioner to
summon persons to
at a time and place specified in the summons,	conference.
at a conference presided over by the Commis- sioner.

(2)

Any person so summoned shall attend the conference at the time and place specified in the summons and continue his attendance thereat as directed by the Commissioner.

Penalty: Two hundred dollars.

(3) The conference shall be held in private and any notes or transcript taken during the conference shall be used for the purpose of the conference and for no other purpose, unless all parties to the conference otherwise agree.

(a) The power conferred on a Commis- sioner by subsection (1) of this section may be exercised for the purpose of preventing or settling an industrial dispute, strike or lockout and shall be exercised upon an application made for that purpose by-

(4)

(i) any union, association or employer; or (ii) the Attorney General,

and not otherwise.

No. 108.]

Industrial Arbitration.

[1973.

(b) An application by the Attorney General under this subsection shall be accompanied by a statement that, in the opinion of the Attorney General, the public interest is or is likely to be seriously and detrimentally affected by the industrial dispute in relation to which the con- ference is sought.

Where a conference has been held under this section and an agreement has been reached as to the whole of the matters in dispute between the parties thereto a memorandum of the terms of agreement shall be drawn up by, or at the direction of, the Commissioner, and signed by him and the provisions of section one hundred and eight G of this Act, with such adaptations as the circumstances require, apply in relation to that memorandum.

(5)

(a) Where a conference has been held under this section and an agreement has been reached as to some of the matters in dispute between the parties thereto but not as to all of them, or if no agreement has been reached, a memorandum of the matters agreed upon and the matters then in dispute may be drawn up by, or at the direction of, the Commissioner and signed by him and the Commissioner may refer the memorandum to the Commission for hearing and determination of the matters in dispute.

(6)

(b) The provisions of subsections (2), (3), (4) and (5) of section one hundred and eight 11 of this Act apply, with such adaptations as the circumstances require, to a reference made under this subsection.

Subject to subsection (8) of this section

the Commission is constituted by a Commis-

sioner sitting or acting under this section.

(7)

(8) For the hearing and determination of a

reference made under paragraph (a) of sub-

1973.]

Industrial Arbitration.

[No. 108.

section (6) of this section the Commission shall not be constituted by the Commissioner who made the reference unless

(a)	all parties to the dispute so agree in writing; or
(b)	the only matter in dispute is the date on and from which the whole or any part of the matters contained in the memorandum commenced or shall commence to operate.

55. The principal Act is amended by adding a zleldtan 1083

section as follows-

Date on

108J. In proceedings before the Commission under this Part of this Act the Commission may,	which order or award
commences
subject to subsection (8) of section one hundred	to operate.
and eight I of this Act, fix the date on and from which the whole or any part of any order or award made under this Part of this Act com- menced or shall commence to operate, but any such date shall not be earlier than

(a)	the date on which the Commission first took cognizance of the matter in respect of which the order or the award or the part of the order or the part of the award was made; or
(b)	in a case to which section one hundred and eight G or one hundred and eight H of this Act applies, the date on which the request referred to in subsection (1) of section one hundred and eight F of this Act was made.

56. The principal Act is amended by adding a section as follows-	Section 108K
added.

108K. Notwithstanding any other provision of itigiogn

in relation

this Act, it is hereby declared—

to certain

(a) that any difference or dispute may be latilgisa.i

an industrial dispute for the purposes of this Part notwithstanding that the subject matter of the difference or

No. 108.]

Industrial Arbitration.

[1973.

dispute is governed by an industrial agreement or award still in force by virtue of its term;

(b)	that a mediator may be appointed under this Part in respect of, and has, when appointed, all the powers con- ferred by this Part, in respect of such an industrial dispute as is referred to in paragraph (a) of this section; and
(c)	that the Commission has, on the reference to it by a mediator of such an industrial dispute as is referred to in paragraph (a) of this section, all the powers and functions that it has in relation to an industrial dispute which arises in respect of a difference or dispute which is not governed by an industrial agreement or award still in force by virtue of its term. .

amended.Section 128 57. Subsection (1) of section 128 of the principal

(Apprentice- Act is amended by deleting paragraph (c) and sub-

ship

Board ),

stituting the following paragraph

Amendment

to s. 130.

58. Section 130 of the principal Act is amended

(Registra- by adding after the word "than" in line four of	ion of
agreements subsection (6) the words "by order of the Commis-ot aPPren- ticeship ) sion, but such order shall not be made without the

concurrence of the employer to whom an apprentice

is to be transferred or".

Section 133

repealed.

59. Section 133 of the principal Act is repealed.

(Employers or workers refusing to offer or

employment

upon the

terms of

an award

or agree-

ment.)

1973.]

Industrial Arbitration.

[No. 108.

Section 137

60.	Section 137 of the principal Act is repealed.	repealed. (Enforce- ment of
award or agreement by Commis- sion in Court Session.)
61.	Section 144 of the principal Act is amended	Amendment
to s. 144.
(Determina- tion of

(a) by deleting subsection (2); and	equal pay for male and female
workers.)

(b)	by deleting the passage commencing with the semi-colon in line six of subsection (3) and ending with the word "seventy-two" in lines eleven and twelve of that subsection.

Subsection (2) of section 166 of the principal Act is amended by substituting for the passage "the	to s. 166.Amendment
(Registrar.)
Court, the Commission and the Crown Law officers" in lines eight and nine the words "the Commission".

62.

63.

Section 167 of the principal Act is amended Amendment

to s. 167.

by adding after subsection (4) a subsection as (Pubitcatior

Gazette

follows—	on	in	f awards,
etc.)

(5) The Registrar shall, as soon as practicable after any award or order amending an award is made under this Act, publish in the Gazette

(a)	in the case of an award, the number and title of the award, the area of its operation and the date on and from which it operates; and
(b)	in the case of an amendment, the number and title of the award being amended, the number of the amending order, the title of each clause amended or added by the order and the date on and from which the order operates. .

No. 108.]

Industrial Arbitration.

[1973.

Section 171

64. Section 171 of the principal Act is repealed.

repealed.

(Commis- sioner may convene

Compulsory

Confer-

ence.)

Section 173

amended.	65.	Section 173 of the principal Act is amended
(After con-

ference	by deleting the words "one hundred and seventy-
Commis-
sioners may,	one" and substituting the passage "one hundred
by consent,
hear and	and eight I".
determine dispute.)