Industrial Arbitration Act of 1916 (7 Geo v No. 16) (Qld)

7538 ss. 1, 2. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, (6.) Add to the s~ cond last paragraph of subsection one of section thirteen the following words :-" and no employee who is in receipt of over twenty shillings per week shall be entitled to be paid for any public holidays; f. but no reduction of the wages of any employee receiving over one pound per week shall be made so as to reduce the wages below the said sum of one pound per week." 7 3 eo ii" AnAct toProvide for the Regulation of the Conditions ~HB • of Industries by means of Industrial Concilia- I~ ~ : : rS: : ; ~ N tion and Arbitration; to Establish a Court of Am OF 1916. Industrial Arbitration and certain Subsidiary Tribuna.ls, and Define their Jurisdiction; and for purposes consequent thereon or incidental thereto. [ASSENT«;D '1'0 18TH DECEMBER, 1916.J B E 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 Queensland in Parliament assembled, and by the authority of the same, as follows :- PART 1.- PRELIMINARY. PART I.-PRELIMINARY. Short title 1. This Act may be cited as "The Industrial ::!menoe. ArbitrationAct of 1916," and shall come into operation ment of Act. on a date to be proclaimed by the Governor in Council in the Gazette * : Provided that the provisions of this Act relating to the registration of industrial unions and all provisions necessary for such registration shall come into operation on the passing of this Act. Division of Aot. 2. This Act is divided into Parts, as follows :- PART I.-PRELIMINARY; PART II.-COURT OF INDUSTRIAL ARBITRATION; PART III.-INDUSTRIAL UNIONS; PART IV.-INDUSTRIAL BOARDS; PART V.-INDUSTRIAL AGREEMENTS; PART VI.-CONCILIATION COMMITTEES; PART VII.-GOVERNME-NT EMPLOYEES; PART VIII.-BREACHES OF AWARDS AND OTHER OFFENCES; PART IX.-MJ:SCELLANEOUS. * This Act was proclaimed on the 12th January, 1917; see Government Gazette No. 16, page 151.

1916. LABOUR. Industrial Arbitration Act. s.3. 7539 PAR'l' 1.- PRELIMINARY. 3 "The IndustrialPeace Act of 1912"* is repealed: sRsevIm; Jgessl.snd. . Provided that, without prejudice to the operation of~ ~ '~ ; ! : l~ ' "The Acts Shortening Acts"t- CL/I{ (i.) All subsisting awards and orders made or pUr-Awsrds. 2 ').. ' Sf porting to have been made under the authority of the repealed Act shall be valid and binding, and until rescinded or superseded under this Act shall continue in force and shall be deemed to have been made under this Act. All such awards shall be deemed to have been made by the Court under this Act. Every industrial agreement entered into or Industrial deemed to have been made and entered intosgreements. pursuant to section thirty of the repealed Act, and subsisting at the commencement of this Act, shall be deemed to have been made and entered into pursuant to Part V. of this Act, and shall be construed and have effect accord- ingly. In construing any such award, or order, or industrial agreement references to the registrar shall be read as references to the registrar appointed under this Act, and references to the Industrial Court shall be read as refer- ences to the Court of Industrial Arbitration established by this Act. (ii.) All matters pending at such commencement Matt?l'8 under the repealed Act before the Industrial pending. Court may be continued under this Act, and shall be heard and determined by the Court of Industrial Arbitration. (iii.) All documents relating to any matters or pro- Document~ . ceedings under the repealed Act, and filed or deposited with the Industrial Court, shall be handed over to the Court of Industrial Arbi- tration, and filed with that Court. (iv.) The registrar appointed under the repealed Th~ Act, and holding office at the commencement registrar. of this Act, shall be deemed to have been appointed as registrar under this Act. * 3 ~o. V. No. 19,8upra, page 5467. t 31 Vie. No. 6 and 3 Edw. VII. No. 10, 8upra, pages 15 et seq.

7540 s.4. PARTI.- PRELIMINARY. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Pot'gulations. (v.) All regulations and Rules of Court made under the repealed Act, and in force at the com- mencement of this Act, shall, so far as is consistent with this Act, be deemed to have been made thereunder. ~ ~ rpreta- 4. In this Act, unless the context otherwise indi- QIa;"d. 1912. cates, the following terms have the meanings respectively NNo. S. . 1W9.. s1. 931.2, set against them, that is to say:- No. 17, s. 5. Apprentice. Award. Calling. Court. Decision. Director of Labour. Employee. "Apprentice"-Any person under twenty-one years of age bound by indentures of apprenticeship for the purpose of being instructed in the knowledge and practice of any calling for a period of not less than three years ; "Award "-Award of the Court, or of a Board made under the authority of the Court: the term includes any variation of an award; "Calling"-Any calling, craft, business, or other occupation; "Court"-The Court of Industrial Arbitration established by this Act ; "Decision" includes any award or order of the Court; "Director of Labour"-The Director of Labour appointed under" The Labour Exchanges Act of 1915"*: thc term, where necessary, includes any labour agent for the time being deputed under the said Act to act for the Director of Labour ; " Employee"-Any employee, whether on wages or piecework rates, or as a member of a butty- gang: the term includes any person whose usual occupation is that of employee in a calling; the fact that a person is working under a contract for labour only or substan- tially for labour only, or as lessee of any tools or other implements of production or any vehicle used in the delivery of goods, or as the owner, whether wholly or partly, of any vehicle used in the transport of goods, shall not in itself prevent such person being held to be an employee; * 6 Geo. V. No. 6, 8upra, page 6851.

1916. LABOUR. Industrial Arbitration Act. s. 4. 7541 PART I.- PRELIMINARY. " Employer"-Any person, company, corporation, Employer. firm, or association employing or usually employing one or more employees, whether on behalf of himself or any other person: the term includes every managing director or manager of any company, firm, or association corporate or unincorporate, and every manager for any employer, also local authorities, harbour boards, water authorities, the Metropolitan Water Supply and Sewerage Board, and all other local bodies constituted by or under any Act: for the purpose of electing employers' representatives on a Board, the term includes a director, manager, or superintendent of an employer; "Improver"-An employee who, by direction of Improver. the Court given in his case, is serving at a special wage a period of training with all employer for the purpose of becoming a qualified worker in a calling; "Industrial agreement"-A subsisting industrial Industrial agreement made under the repealed Act, or agreement. an industrial agreement made under this Act; "Industrial Board" or "Board "-An Industrial Industrial Board appoint,ea. under this Act; Board. ~'Industrial cause" includes an industrial matter Industrial and an industrial dispute; cause. "Industrial demarcation"-The determination of Industrial , the claim of anyone class of employees to ~ emarca. do any work to the exclusion of all other IOn. employees; " Indduussttrril·aal I · mdiastptuerte; "-Any dispute as to any in- dI'i;s1pduutsetr. ial "Industrial inspector"-An industrial inspector ~ ndustrial appo.mt ed under th· IS Act ; Inspector. "Industrial magistrate"-An industrial magis- Ind~ strial trate appointed under this Act; magIstrate. " Industrial matters "-Matters or things affecting Industrial or relating- to work done or to be done, or matters. the privileges, rights, or duties of employers or employees, or of persons who have been or intend or propose to be or may become employers or employees not involving ques- tions whieh are the subject of proceedings for an indictable offence: •

7542 s.4. PARi' I.- PRELIMINARY. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Without limiting the ordinary meaning of this definition, the term includes all or any matters relating to- (a) The wages, allowances, or remuneration of any persons employed or to be employed~ including work during ordinary working hours and overtime, and (subject to this Act) on holidays and for other special work; and including the questions whether piece- work shall be allowed, and whether employees shall be granted an annual leave or holidays upon full pay, and whether and under what conditions employees may board and lodge with their employers, and whether monetary allowances shall be made by employers to employees in respect of standing back or waiting time imposed by the conditions of the employer's enterprise or because of intermittency of industrial operations or other causes; and what length of notice, if any, shall be given by an employer or employee to the other before discontinuing or quitting service or employment, and what amount of wages, if any, shall be paid or may be deducted, as the case may be, in lieu of such notice; (b) Subject to this Act, the hours of employment p the lengths of time to be worked to entitle employees to any given wages, allowances, remuneration, or prices, and what times shall be regarded as overtime and including claims to restrict work before or after certain hours, and the sex, age, qualification or status of employees, and the mode, terms, and conditions of employment or non- employment, including the question whether any persons shall be disqualified for employ- ment and including claims to have protective appliances, clothing, hot or cold water, and sanitary and bathing accommodation pro- vided for the use of employees, and the fixing of standards of normal temperatures and atmospheric purity in working places below or above ground, and the prescribing of shorter hours, higher wages, or other conditions in respect of persons employed

1916. LABOUR. Industrial Arbitration Act. 's. 4. 754a PART 1.--':' . PRELIMINARY. under abnormal conditions or in abnormal working places, and the determination of wha.t are abnormal conditions or abnormal working places; (c) Notwithstanding the provisions of any Act, or of any contract already made or to be made, or the effect of any custom of or against apprenticeship, the term of apprenticeship and the earliest and latest age at which apprenticeship shall begin, and the treatment to be extended by masters to apprentices, including' the in- surance of apprentices against accident or other harm, and the matters to be taught to apprentices, and the method, times, and conditions of instructing apprentices, whether in field, factory, workshop, place of business, technical trade, or other school, or otherwise, and whether in the time and at the expense of the master and apprentice, or master only, or apprentice only; and ,any claims for the modification of the rules or conditions of apprenticeship in individual cases, and any claim or dispute which may arise between an apprentice and his master with regard to any of the above matters, or to the payment to an apprentice of the prices or rates reserved to him by his contract or indentures of apprenticeship as distinguished from an award, or as to any forfeiture incurred by an apprentice in terms of his contract or an award, or as to the hours to be worked for his master bv an apprentice; and the notification or registration by a master of all contracts of apprenticeship entered into by him, and all assignments of rights and obligations thereunder, and all acts of cancellation or abrogation by other means of such con- tracts; and any penalties or disciplinary provisions to be imposed on masters or apprentices for breaking a contract of apprenticeship, or on any person employing an apprentice who has broken a contract of apprenticeship; and any dispute or difference between any master ,and any

1'544 s.4. PABTI.- J;'RELIl\UNARY. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, apprentice arising under any indenture of apprenticeship or assignment thereof; and generally the relationship of master and apprentice; (d) The employment of children, young workers, or improvers, or of any person or persons or class of persons, including the disqualifi- cation of any persons for employment by reason of sex or age, or disease, or a claim to dismiss or to refuse to employ any particular person or persons or class of persons, or any question whether any particular person or persons or class of persons ought (having regard to public interests, and notwithstanding the common law rights of employers or employees and notwithstanding the provisions of any Act, or any rules or regulations authorised thereby) to be continued or reinstated in the employment of any particular employer; the number or proportionate number of aged or infirm workers, apprentices, and improvers that may be employed by an employer, and the lowest prices or rates payable to them; (e) Any custom or usage, either general or in any particular calling, industry, enterprise, or locality ; (f) The interpretation and enforcement of an industrial agreement or award; (g) Any matter which is included in an industrial agreement 'or which has caused or, in the opinion of the Court, is likely to cause disagreement or friction between employers and employees; (h) Generally all questions as to what is fair and right (having regard to the interests of the persons immediately concerned and of the community as a whole) according to the standard of the average good employer and the average competent and honest employee in all matters pertaining to the relations of employers and employees, whether or not the relationship of employer and employee exists or existed at or before the time of

1916. LABOUR Industrial Arbitration Act. 7545 PART 1.- PRELIMINARY. any application to the Court or at the time of the making or enforcement of any decision by the Court; (i) The regulation of the relations between em-English ployers and employees, or between employees r~ ~ ~ 9y~ ion and employees, and for this purpose the s. 1'(2). • imposing of conditions on the conduct of any trade, business, industry, or enterprise, and the provision.of benefits to persons engaged therein; (j) Trusts, combinations, and agreements in restraint of tra.de ~ (k) Any question of industrial demarcation; (l) Any matter, whether industrial or not, which in the opinion of the Court has been, is, or may be a cause or contributory cause of a strike or lock-out; '" Industrial union"-An industrial union registeredIn~ ustrial as an industrial union under this Act; UUlon. ." Judge"-A Justice or Judge of the Court, or any Judge. permanent Supreme Court or District Court Judge while acting as Judge of the Court: the term includes the President of the Court; '" Lock-out"-The act of an employer in closing Lock. ou~ . his place of business, or suspending or dis- continuing his business or any branch thereof, or a refusal or failure by an employer to con- tinue to employ any number of his employees, with intent- (a) To compel or induce any employees to agree to terms of employment, or comply with any demands made upon them by the said or any other employer; or (b) To cause loss or inconvenience to his em- ployees or any of them; or (c) To incite, instigate, aid, abet, or procure any other lock-out; or (d) To assist any other employer to compel or induce any employees to agree to terms of employment, or comply with any demands made by him; "Minister"-The Minister of the Crown for the Minister. time being charged with the administration of this Act;

7546 PART 1.- PRELnnNARY. s.4. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Prescribed. Registrar. Regulations. Repealed Act. Rules of Court. Strike. This Act. " Prescribed "-Prescribed by this Act; "Registrar"-The industrial" registrar appointed under this Act: the term includes any deputy or assistant industrial registrar so appointed; " Regulations"-Regulations made under this Act; "Repealed Act"-" The I ndu,strial Peace Act of 1912"* ; "Rules of Court"-Rules made by the Court under this Act; "Strike"-The act of two or more employees, who are or have been in the employment either of the same employer or different employers, in discontinuing their employment, whether wholly or partially, or in ceasing to work, or in refusing or failing to continue to work therein, or in breaking their contracts of service, or in refusing or failing after any such discon- " tinuance or cessation of work to resume work or return to their employment, the said discon- "tinuance, cessation, breach, refusal, or failure being due to or in pursuance of any combina- tion, agreement, or understanding, whether expressed or implied, entered into by the said employees or any of them, with intent- (a) To compel or induce any such employer to agree to terms of employmeDt, or to employ or cease to employ any person or class of persons, or to comply with any demands made by the employees or any of them or by any other employees; or (b) To cause loss or inconvenience to any such employer in the conduct of his business; or (c) To incite, instigate, aid, abet, or procure any other strike ; or (d) To assist employees in the employment of any other employer to compel or induce that employer to agree to terms of employment, or to employ or cease to employ any person or class of persons, or to comply with any demands made by any employees; "This Act" includes Orders in Cpuncil, Rules of Court, and regulations made under this Act; * 3 Geo. V. No. 19, Bupra, page 5467.

1916. LABOUR. Industrial Arbitration Act. ss. 5,6. 7547 PART 1.- PllELlMlNAllY. "Young worker"-Any person (other than an ap- ~ oung prentice or an improver) under eighteen years Ivorker. of age, or, with the approval of the Minister, a female under twenty-one years of age, who receives a lower wages price or rate than that fixed by any award for ordinary adult employees. 5. Save as next hereinafter provided, this Act appliesA,Pplioation to all callings whatsoever and to all persons whomsoever :01 Aot. Provided that- (i.) Nothing in this Act applies to any State child within the meaning of "The State Children. Act of 1911,"* or to persons engaged in domestic service, or to persons employed in ,york such as is usually carried on in farming operations on dairy farms, fruit farms, or agricultural farms; but this restriction shall not be con- strued to exclude from the provisions of this Act persons employed (a) in any capacity on farms in the sugar industry, or (b) in butter factories or cheese factories; (ii.) The Governor in Council may from time to time, by Order in Council, declare that any person or class of persons shall be excepted from the operation of this Act, and thereupon while such order remains unrevoked this Act shall not apply to any such persons. PART II.- COURT OF PART lI.-COURT OF INDUSTRIAL ARBITRATION. l:B~ ~: : :rr; ~ . 6. (1.) There is hereby established a Court to be Constitution called the Court of Industrial Arbitration, which shall be ~ 1~: ' ~in2 a superior court of record and shall have a seal which No. 19, s. 6: shall be judicially noticed.' I (2.) The Governor in Council shall, by commission in 'L b ~ J . f . l"7 ; His Majesty's name, appoint a Judge or Judges of the 2 P e.. L..I{ / Court not exceeding three in number. One of such Judges (p. c') , ,(06, shall be designated the President of the Court. L '/ . (3.) The .Go-yernor in Council.may, if an~ ~ s he deems It necessary, m like manner, appomt an addItIOnal Judge or additional Judges of the Court. 2} Ci.!<, / P7, , . , . (I ' 1 (4.) In case of the illness or absence of a .Judge of the Court, or, in the event of congestion of work in the Court, the Governor in Council may appoint a permanent * 2 Geo. V. No. ,11, supra, page 5076.

7MB s.6. LABOUR. PART 11.- COURT OF INDUSTRIAL ARBITRATION. Industrial Arbitration Act. 7 GEO. V. No. 16, Judge of the Supreme CDurt or District Court to act as a Judge of the Industrial Court, and notwithstanding any Act to the contrary such Judge shall so act, and whilst acting in that capacity such .Judge shall have all the juris- diction and powers of a Judge of the Court in addition to his jurisdiction and powers as a Judge of the Supreme Court or District Court. Status of Court. (5.) For all purposes of status the Court of Industrial Arbitration shall be deemed to be a branch of the Supreme Court, and every Judge of the Court of Industrial Arbitration shall have the status of a Judge of the Supreme Court. . President (6.) Notwithstanding the provisions of any Act ~70: ted a limiting the number of Judges of the Supreme Court, Judge of the Governor in Council may appoint the President or ~~ ! ~ preme any Judge of the Court to be a Judge of the Supreme Court. The President or any Judge of the Court, if so appointed as aforesaid, may exercise and sit in any jurisdiction of the Supreme Court, and shall have in all respects and to all intents and purposes the rights, privileges, powers, and jurisdiction of a Judge of the Supreme Court in addition to the rights, privileges, powers, and jurisdiction conferred by this Act, and shall hold office as a Judge of the said Supreme Court during good behaviour, and be paid such salary and allowances as the Governor in Council may direct, which shall not be diminished or increased during his term of office as a Judge of the Supreme Court or be less than the salary and allowances of a Puisne Judge of the Supreme Court ; and upon such direction the said payments shall become a charge upon"the Consolidated Revenue. The President and each Judge of the Court of Indus- trial Arbitration shall hold office as President and Judge of the said Court for seven years from the date of their respective appointments, and shall be eligible to be reappointed by the Governor in Council as such President or Judge for a further period of seven years. (7.) The President or a Judge of the Court appointed under this Act shall be a barrister or solicitor of not less than five years' standing, or a Judge of the Supreme Court or District Court. (8.) The salary of a Judge of the Court who is not appointed to be a Judge of the Supreme Court shall be such amount as is fixed by the Governor in Council as

LABOUR. s.7. 7549 1916. Industrial A.rbitration A.ct. PART 11.- COURT OF INDUSTRIAL ABIllTlM'l'ION. regards the particular Judge, but shall not exceed the salary for the time being of the Puisne Judges of the Supreme Court, and such salary shall not be diminished during his continuance in office. (9.) Notwithstanding anything contained in any other Act, if a Judge of the Supreme Court or District Court is appointed a Judge of the Court, he shall retain his office as a Judge of the Supreme Court or District Court. If a Judge of the Supreme Court, he shall perform the func- tions of a Judge under this Act without extra remunera- tion. If a Judge of the District Court, he shall, for the performance of the functions of a Judge under this Act, receive such extra remuneration as the Governor in Council may fix. (10.) The President or any Judge sitting alone shall constitute the Court; and, except as is herein otherwise provided, all the powers and functions of the Court may be exercised by the President or any such Judge sitting or acting alone. (11.) If more than one Judge is sitting at the same time, each of them shall constitute the Court. (12.) If the period of office of any Judge expires during the continuance of any investigation or any matter on which he has entered as Judge, the Governor in Council may (and from time to time, if necessary), without reappointment, continue him in office for such time as is necessary to enable him to complete such investigation or matter. 7. (1.) The Court shall have all the powers and Jurisdiction jurisdiction of the Supreme Court in addition to the powers of the Court. 7 7 and jurisdiction conferred by this Act, and may hear and determine all questions arising under this Act, whether of Z. ~ 0, 19 law or fact, including any question which may be brought before it or which it may deem it expedient to hear and determine for the purpose of regulating any calling or callings, and any question arising out of an industrial matter or involving the determination of the rights and duties of any person or industrial union in respect of an industrial matter, and any question which it may deem expedient to hear and determine in respect of an indus- trial matter, and any industrial dispute as to which the Judge has held a conference under this Act, and as to which no agreement has been reached, and which the Judge has thereupon referred to the Court, and more

7550 s.7. LABOUR. PABTII.- AIBNemODUUTSMRTTfRiOIOArNL. _______________ In _ d _ u _ st _ r _ ia _ l _ A _ r _ b _ it _ ra _ t _ io _ n _ A _ c _ t _ . ___ 7 _ G _ EO _ . _ V _ . _ N _ o _ . _ 1 _ 6 _ , particularly, but without limiting the generality of the above provisions, shall have full powers and jurisdiction- (i.) Upon reference by an industrial union or employer or any twenty employees in any calling' or the Minister or of its own motion, to regulate the conditions of any calling or callings by an award; (ii.) On the application of any person interested or of its own motion or by direction of the Minister, to hold an inquiry into or relating to any industrial matter and report the result of such inquiry to the Minister; N.Z.1908, No. 82, s. 95. (iii.) At the direction of the Minister or on the application of an industrial union or an employer, to codify into one award, subject to such amendments as it may deem expedient to make, all awards binding or affecting any employer or class or section of a class of employers in any calling or callings, or the members of an industrial union employed by the same employer or class or section of employers when such employer or class or section of employers or such members is or are subject to more than one award; (iv.) To define and declare the relative rights and mutual duties of employers and employees according to what in the opinion of the Court should be the standard of fair dealing between an average good employer and a competent and honest employee. (2.) Nothing in this Act shall be interpreted to limit by implication the jurisdiction conferred upon the Court by this Act. (3.) The Court shall, as regards every industrial cause, have power to make any order or award irrespective of any specific relief claimed or applied for by any party, and to give any direction in pursuance of the hearing or determination. (4.) The Court in any proceedings befpre it may by order or direction do anything which it is authorised by this Act to do by an award.

LABOUR. So 8. 7551 PARTII.- 1916. Industrial Arbitration Act. COURT OF INDUSTRIAL - - - - - - - - - - - - - - - - - - - - - - - - ARBITRATION. 8. Without limiting the generality of the powers of Provisions as the Court, the 00urt may make an award with reference to a.wa.rds. to a calling or callings- 1... '7 ~ LJ\ . /)15- . (i.) Fixing the quantum of work or service to be done, and the lowest prices for their work or rates of wages payable to employees other than aged or infirm workers: Provided that in fixing rates of wages in any calling- (a) The same wage shall be paid to persons of either sex performing the same work or producing the same return of profit to their employer; (b) The Court shall be entitled to consider the prosperity of the calling and the value of an employee's labour to his employer in addition to the standard of living, but in no case shall a rate of wages be paid which is lower than the minimam wage declared by the Court; (ii.) Fixing the number of hours and the times to be worked in order to entitle employees to the prices or wages so fixed ; (iii.) SUbject to this Act, fixing the lowest rates for overtime and holidays and other special work, including allowances as compensation for over- time, holidays, and other special work; (iv.) Subject to this Act, fixing the number or proportionate number of women to men, of young workers to adult workers, and of apprentices and improvers to journeymen in any calling; and fixing in respect of women workers, young workers, apprentices, and im- provers in a calling the quantum of work to be done a.nd the number of hours and the times to be worked by them, and the lowest prices and rates payable to them for ordinary time, overtime, and holidays, notwithstanding in the case of apprentices the existence of current indentures or contracts of apprentice- ship: and provided that, in the case of apprentices, the increase in such prices or rates fixed for the three and other later years of the apprenticeship may be payable contingently j

7552 PARTII.- COUBTOF INDUSTRIAL AmlITBATION. 8.8. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, upon the passing by the apprentice of any prescribed tests, or the obtaining by him of any prescribed certificates of tuition or competency; (v.) Rescinding or varying any decision, direction,. or industrial agreement; (vi.) Abrogating or varying contracts for labour,. including contracts of apprenticeship, made at any time before or after the commencement of this Act,. subject to such conditions and suoh exemptions as the Court thinks just; (vii.) Giving such retrospective effect as the Court may consider right, fair, and honest, or as may be consented to by the parties to the whole or any part of its award: Provided that (except with the consent of the parties) the retrospective effect aforesaid shall not be made to operate prior to the date when the Court first took cognisance of the matter in questien; (viii.) Modifying or altering the early closing pro- visions of the Acts relating to factories and shops to any extent deemed proper or con- venient, and in particular so that any shop,. business, or person to which or to whom such provisions are applicable may be wholly or partly relieved of the incidence of such provi- sions; and so that complaint for offences against. any of the said Aots or for breaches of any regulation made thereunder may be laid within a period not exceeding six months from the commission of any such offence; and declaring that the place in which any calling is carried on shall be a shop of a certain class within the meaning of the said Acts, to the intent that the statutory provisions in their original or any modified or altered form which to the Court may seem expedient shall apply to such calling and every person employed in or in connection therewith, and to the further intent that where an award fixes times at which employees shall commence or cease work in shops of that class such shops shall, whether employees are or are not employed therein, be opened or closed at such times as are fixed by such

LABOUR. s.9. 7553 PART II.- 1916. Industrial Arbitration Act. COURTOt INDUSTRIAL - - - - - - - - - - - - - - - - - - - - - - - - ARBITRATION. award; and from time to time revoking in whole or in part any such modification, altera- tion, or declaration, whereupon and pending the making of further awards or orders the statutory provisions shall revive and again operate if the revocation is complete without modification, alteration, or extension of any kind, or, if the revocation is partial, subject to such conditions and limitations as may be expressed; (i x.) Directing that any person or persons subject to any award or order shall be excepted either wholly or in part from the operation of the" M asters and Servants Act of 1861 ,,* ; (x.) Directing that a copy of an award or industrial agreement be exhibited in a con- spicuous and convenient place on the premises of any employer affected thereby; (xi.) And generally dealing with, determining, and regulating any industrial matter. 9. (1.) The Court may from time to time declare Power to general rulings relating to any industrial matter for the decla: guidance of suitors before it and of Boards, and in order to ~ ~ ~ s. prevent a multiplication of inquiries into the same matters. (2.) Such declarations shall be prima facie binding Which shall !lae:mtl as ~ ecisi0D: s of th~ Court upon the Court and any Board or mdustrIal magIstrate. binding. (3.) Without limiting the generality of the power Instances of conferred by the two immediately preceding subsections, such rulings. the Court may from time to time make decloarations as to-- (a) The cost of living; (b) The standard of living; (c) The minimum rate of wages to be paid to persons of either sex; (d) The standard hours: Provided that- (i.) The Ininimum wage of an adult male employee shall be not less than is sufficient to maintain a well-conducted employee of average health, strength, and competence, and his wife, and a faInily of three children in a fair and average standard of comfort, having regard. to the conditions of living * 25 Vie. No. 11, supra, page 1233. •L

7554 PARTII.- eOUBTOF iNDUSTRIAL ARBITBATION. s.10. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, prevailing among employees in the calling in respect of which such minimum wage is fixed, and provided that in fixing such minimum wage the earnings of the children or wife of such employee shall not be taken into account; (ii.) The minimum wage of an adult female < employee shall not be less than is sufficient to enable her to support herself in a fair and average standard of comfort, having regard to the nature of her duties and to the conditions of living prevailing among female employees in the calling in respect of which such minimum wage is fixed. Directions-to 10. (1.) The following directions shall be observed by ~e Cb~ ed the Court and the Boards in making awards, and by the r!.d ~ y t~ parties in making industrial agreements, in all callings Boards, &0. to which this Act applies~ save in the callings mentioned in the first proviso to paragraph (a) hereof:- "(a) Employees sha.ll not be worked on more than six out of seven consecutive days, and the time worked by them within any period of six consecutive days shall not exceed forty-eight hours; the time worked by employees on each day shall not exceed eight hours, except in those callings where a short day in each week is mutually adopted by the employers and employees, in which latter cases the time worked on five days of the week may be pro- portionately greater than eight hours per day in order to allow forty-eight hours to be worked during six consecutive days: Provided that in the callings' following, namely, carting trade, the removal of house refuse and night" soil, parcels deliveries, em- ployees on coastal, river, and bay vessels, and musterers and drovers of stock, the Court in its discretion may determine the maximum daily or weekly hours: Provided further that- (b) The working time of employees in under- ground occupations, or occupations in which the conditions as to temperature, ventilation, lighting,. and limitation of approaches are similar .to those.· obtaining in" underground •

LABOUR. s.10. 7555 PARTII.- 1916. Industrial Arbitration Act. COURT 0' INDUSTRIAL - - - - - - - - - - - - - - - - - - - - - - - ARBITRATION. occupations, shall include permitted intermis- sionsfor rest and meals, shall be reckoned from bank to bank, and shall not exceed six hours' per day unless a temperature of less than eighty- five degrees Fahrenheit thermometer, using a wet bulb, is maintained for at least a seven- eighths proportion of the working shift in the working place where the employee is occupied; (c) Intermissions forrost (other than "smoke-oh's " and for meals), in any day on which eight and three-quarters hours or less are worked, shall not exceed a total of one hour; (d) Overtime, that is time worked in excess of the times or hours above limited, or before or after the fixed or recognised times of starting or leaving off work on any day in any calling, may be permitted by the terms of any award or industrial agreement at a rate of payment therefor of not less than double time in any calling in or in connection with which more than one shift per day is ~ orked, or not less than time and a-half in any other calling ; (e) Notwithstanding the terms of any current award or industrial agreement, the Court :rp.ay by award from time to time, for the' purpose of distributing the work available in a calling so as to relieve unemployment, or for any other purpose which appears to the Court to be good and sufficient, prohibit or restrict to any extent the working of overtime in any calling;' (/) The Court shall, upon the application of an industrial union, make an award prohibiting the working of overtime in any calling in which the working of overtime is not permitted as aforesaid, but nothing herein shall prevent the amendment or making of any award so as to permit the working of overtime; {g) Notwithstanding the terms of any industrial agreement a greater number of hours than above limited may be fixed by award if the Court certifies that for reasons of paramount public interest such greater number of hours should be worked in the calling; (h) Subject to the last preceding paragraph, where in any calling the ordinary time of work is at the commencement of this Act fixed by

7556 s.10. LABOUR. PARTII.- COURT OF INDUSTRIAL Industrial Arbitration Act. 7 GEO. V. No. 16, ARBITRATION. - - - - - - - - - - - - - - - - - - - - - - - award or industrial agreement or by well-estab- lished practice in the calling, such time shall not be exceeded in any award or industrial agreement made after such commencement in respect of such calling. PSYJI;lent for (2.) Save as hereinafter provided, every award shall ~ ~ ~~ ~ ~ be deemed to contain provisions to the following effect, Qland. i912, or provisions not less favourable to employees : - No. 19, s. 42. (i.) All work done by any employees onGoodFriday, Labour Day (the first Monday in Mayor other day appointed under "The HolidaysAct of 1912"* to be kept in place of that holiday), and Christmas Day shall be deemed overtime work and shall be paid for at double rates. All work done by any employees on the follow- ing holidays-namely, New Year's Day, the twenty-sixth day of January, the first day of March, the seventeenth day of March, the twenty-third day of April, Easter Monday,. the birthday of the Sovereign, the thirtieth day of- November, and Boxing Day, or on any day proclaimed to be kept in the place of any such holiday-shall be deemed over- time work, and shall be paid for at the rate of time .and a-half: Work done during ordinary working hours on any other day or holiday in the year shall not be deemed overtime work or be paid for at any increased rate: Provided that where any award made before the commencement of this Act contains a provision that work done on any holiday other than the holidays mentioned in this sub- section shall be paid for at an increased rate, such provision with respect to such holiday may be continued in any future award, whether such award is an amendment of the existing award or in substitution therefor, until it is annulled by any subsequent award or amendment thereof: Nothing in these provisions shall have reference to Sunday work: Variation of limit of working hours. (ii.) When any person on anyone day is asked to perform two or more classes of work to which • 3 Geo. V. No. 17. Bflpi'a, pll.lre 5463.

LABOUR. 8;11. 7557 PABTII.- 1916. Industrial Arbitration Act. eOURTOII' INDUSTRIAL - - - - - - - - - - - - - - - - - - - - - - - ARBITRATION. a differential rate fixed by an award is appli- cable, such person shall be paid in respect of the whole time during which he works on that day at. the same rate, which shall beat the highest rate fixed by the award in respect of any of such classes of work. (3.) The Governor in Council may, from time to time, Tem.porary Wby.ithOr G d c errminanCyoaunncdil, hseur sap1e1ln' eds fnoorwanbye. mtigmwe adguerdin, gt htehewWhoaIer wprOarV. IS.ion. or any of the provisions of subsection one hereof, either generally or limited to specified callings, and fmbject to such conditions as may be thought proper to impose. (4.) Application maybe made at any timo during the ApplicatiODs ::=: currency of an award in force at the commencement ofto.ve:ry this Act to make such variations or amendments as are necessary to bring it into conformity with or to give effect to this section. (5.) Anyaward or industrial agreement made afterWhere the commencement of this Act in which the directions !l' ~4 ?!J or provisions of this section have not been observed shall~ : : : anll is not be enforceR.ble. T nacocto i r n dance The Court shall amend such award or agreement so with this that the same shall be in accordance with such directions section. imd provisions. (6.) This section applies to the Crown and its employees. 11. (1.) The Court may at any time, by general rulepow;erto or special order- rem.lt, &c. . (i.) Remit to a Board for inquiry and report, with or without directions, any industrial matter included in any reference, motion, or summons, or which the Court considers it is desirable to have included in any reference, summons, or motion for investigation, or upon which the Court desires information for the purpose of making an award or order or giving a direc- tion; and the Court shall inform its conscience by the result of such inquiry, but shall not be compelled to accept any conclusion arrived at or recommendation made by such Boa,rd, 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 con- cluded its work or otherwise;

7558 s.11. LABOUR. PART II.- COURT OF INDUSTRIAL ARBITRATION. Industrial Arbitration Act. 7 GEO. V. No. 16, (ii.) Remit to a Board, with or without directions, for determination and award any industrial cause, whereupon such Board shall have power to determine such cause and make an award therein, subject always to the right of appeal to the Court against such award or any part thereof in manner hereinafter provided. Any remission made as aforesaid may be withdrawn by the Court at any time, and whether the Board has concluded its work or otherwise; (iii.) Remit to an industrial magistrate any pro- ceedings for the recovery or enforcement of penalties incurred under this Act, or for the recovery by an industrial union of fines, levies, subscriptions, or contributions from its mem- bers, or of claims by a member of an industrial union for arrears of wages due to him under any award or industrial agreement, or claims by an industrial union for contributions from another industrial union, to be heard by him subject to the provisions of this Act as to appeal, and such magistrate is hereby' autho- rised to hear the. same in the exercise of his summary jurisdiction: Provided that no penalty incurred by a member of an industrial union shall be enforced against the industrial union of which such person is a member except by order of the Court. Power of (2.) The Court may at any time itself conduct any Ccoonutritntuoe an investigation, inquiry, or proceeding which has been inquiry. remitted to a Board, and upon intimation being given to t)hiEl effect by the registrar to the chairman of the Board, such chairman shall forward to the registrar a copy of the evidence taken before the Board and the exhibits thereto,. or, if no such copy exists, the chainoan s notes of the evidence. Upon such intimation by the registrar the juris- diction 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 suoh 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.

LABOUR. ss. 12-14. 7559 1916. Industrial Arbitration Act. PAl!.TII.- I~ ~ ~: ~ - - - - - - - - - - - - - - - - - - - - - - - - All.BITl!.ATION. 12. When the Court makes an award for an industry ~age~ rate!" embracing more than one calling, or when a Board, under ~ ~ c~ ~ ~ : ryUl the authority of a remission as hereinbefOle provided, wh~ re such :!1: makes an award for an industry embracing more than gs are one calling, the Court or Board shall (unless in the another exceptional circumstances of any particular case the award. Court thinks otherwise and so expressly declares) in such award prescribe at least such wages rates for employees whose calling is already governed by another award as are equal to the wages rates fixed by that award. And the award of the Court or Board shall be so framed that such wages rates of such employees in such industry sh~ ll vary in accordance with any variation of wages rates of other employees in such calling that may take place by reason of a variation of such other award. 13. (1.) The award of a Board when made under the Award of authority of a remission as hereinbefore provided shall be ~ ~ : ~ ~ : 1912. signed by the chairman and forwarded to the registrar, No. 19. who shall forthwith publish the same in the Gazette and SB. 28, 29. notify the parties. (2.) Subject only to appeal to the Court and to the provisions herein contained relating to the suspension of the operation of any award or part thereof, such award shall, from a date fixed by the Board (not being within thirty days of such award), within the locality for which the Board has jurisdiction, take effect and have the force of an award made by the Court. 14. (1.) An appeal shall lie to the Court against any Appeal to award of a Board made under the authority of a rem . ission tfrhoem coaurt as hereinbefore provided, or any part of such award or any Board. proceedings of a Board. Qland. 1912. No. 19. s. 8. Such appeal may be brought by any person bound by the award or aggrieved by the proceedings, or by any industrial union interested therein, ana shall be com- menced within six weeks after the publication of the award in the Gazette or the taking of the proceedings, or within such further time as the Court on ~ m S).:p:pliea.tion for extension of time deems proper. Notwithstanding anything herein contained, the Crown may, at any time after the making of such award by a Board, appeal against such award or any part thereof to the Court.

7560 ss. 15-17. LABOUR. PART II.- COURT OF INDUSTRIAL Industrial Arbitration Act. 7 GEO. V. No. 16, ARBITRATION. - - - - - - - - - - - - - - - - - - - - - - - - The pendency of an appeal against such award or part thereof shall not,unless the Court otherwise orders, suspend or delay the operation of such award or part thereof. On an appeal, the Court shall allow any person or industrial union interested to become a party to the proceedings. ~ ppeal. from (2.) An appeal shall lie to the Court from a~ y : . ~ : \ ~ :le. decision or finding of an ind ustria1 magistrate acting under the powers conferred by this Act. Appeals to (3.) Every appeal under this Act shall be by way of ; ehb~:~: of rehearing, and the Court may affirm, revise, or modify the e e award, proceedings, or decision appealed against, and may gi ve 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 involved in the case to the Board or industrial magistrate, with or without directions and whether for report to the Court or for determination. Jurisdiction 15. The jurisdiction of the Court in all industrial ~ ~ : l~ : i~ ~ ~ rt ca~ ses, whether original or by appeal, conferred on it by QIand. 1912, thIS Act shall be exclusive. No. 19, s. 11. effect, Form, 16. (1.) The award of the Court in any industrial o a cof n n d a t wm . auradn. ce tchaeusdeesChl. Sa.llOl nbe 0 ffrtahmeeCdoiunrstuacnhda tmo· aavndOnler ausnntoecbeesssat reyxpt ercehss- ~ lant9 191;3 nicality, and .shall, subject to any variation ordered by the o. ,s. . Court, take effect and have the force of law within the locality specified in the award, and continue in force for a period to be specified in the award not exceeding twelve months from the date thereof unless sooner rescinded or varied. (2.) After the expiration of the period so specified the award shall, unless the Court otherwise orders, continue in force until a new award has been made. On whom award is to be binding. Qland. 1912, No. 19, s. 14. 17. An award shall be binding on- (a) All parties; to the industrial cause who appear or are represented before the Court or the Board; and (b) All parties who have been summoned to appear before the Court or the Board .as parties to the cause, whether they have appeared in answer to the summons or not, unless the Court or Board is of opinion that they were improperly summoned before it as parties; and

LABOUR. ss. 18,19. 7561 1916. Industrial Arbitration Act. PART 11.- COURT OF INDUSTRIAL ARBITRATION. (c) All industrial unions connected with the call- ing or callings to which the award applies; and (d) All members of lindustrial unions bound by the award; and ' (e) All employers and employees in the locality to which the award applies in the calling or callings to which it applies; and (f) All persons who, whether as employers or employees, are engaged in such calling or callings in that locality at any time while the award remains in force. 18. (1.) Subject to this Act, the Court may rescind Cou~ may or vary any deC. lS.lOn, recommenda t' IOn, t .1 ll ' rec t I ' on, appO . ln t - rveasrcymadnoyrof mmeanyt, reroepfeernenacney, orer f eorethnceer oarctprmocaedeedm· ogr. done by it, and NiQtsola. anc1dt9.s,. 1s9. 1125. : But no decision shall be varied or reopened except on the application of the Crown or of a party thereto, or of a person or industrial union bound thereby, or affected or aggrieved by the decision or claiming to be so affected or aggrieved. (2.) Where any recommendation of the Court has been acted on and the Court afterwards rescinds or varies the same, it shall be in the discretion of the Governor in Council either to cancel any action taken by the Governor in Council in pursuance of such recommendation or to vary it to accord with the rescission or variation of the Court. 19. (1.) Any Judge of the Court may, if he thinks Case for fit, and shall on the application of any party bound by f£ . ; ~ on ~ any decision, award, or order, or interested in any enc. 'L7 proceeding before him, at any stage and upon such ~ 187. terms as he thinks proper, state a case in writing for the opinion of the full bench, consisting of all the Judges of the CGurt, including himself, upon any question of law or of fact arising in such proceeding. Such full "pench shall hear and determine the ques- tion and remit the case with its decision thereon to such Judge, and may make such order as to costs as it thinks fit. Such Judge shall give effect to such decision. A decision of the full bench given under the foregoing provision shall only be rescinded, varied, or reopened by the full bench upon an application in that behalf. (2.) Save as provided by the last preceding section gec~ i~n ~ f and by subsection one hereof, every decision of the Court fu:.:l. 0 e

7562 SS. 20-22. LABOUR. PARTII.- COURTOV INDUSTRIAL ARBITRATION. Industrial Arbitration Act. 7 GEO. V. No. 16, shall be final and conclusive, and shall not be impeachable for an informality or want of form, or be appealed against, reviewed, quashed, or in any way called in question in any Court on any account whatsoever. (3.) Proceedings in the Court shall not be removable by certiorari, and no writ of prohibition shall be issued, and no injunction or mandamus shall be granted by any Court other than the Court of Industria,l Arbitration, in respect of or to restrain proceedings under any award, order, proceed- ings, or direction relating to any industrial matter or any other matter which, on the face of the proceedings, appears to be or to relate to an industrial matter or which is found by the Court to be an industrial matter. (4.) The validity of any proceedings or award of a. Board or of a chairman of a Board or industrial magistrate shall not be challenged except as provided by this Act. Judge to act 20. The Judge may act as a mediator in any industrial hwihsemneevdeiTation cause I • n a 11 cases I . n w hi ch I. t appears t 0 hI' m that hI' S desirable. mediation is desirable in the public interest. Qland. 1912, N J o d . 19, B. 9. 21 . ( ' I) The J udge may, whenever m. hI' S opm. , IOn c:n;:n: ay . it is desirable for the purpose of preventing or settling c°nfmpulsory an industrial dispute, summon any person to attend, at a cQolanedre. 1n9c1e.2, t' Ime and pIace speCl' fied' In t he summons, at a conference No. 19, B. 10. presided over by himself. (2.) Any person may be so summoned, notwith- standing that he is not connected with the dispute, if the' Judge thinks that such person's presence at the conference is likely to conduce to the prevention or settlement of the dispute. (3.) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the Judge: and in default shall be guilty of contempt of court, and, by order of the Judge, shall be liable to a. penalty not exceeding one hundred pounds. (4.) The conference may be held partly or wholly in public or in private, at the discretion of the Judge. (5.) Any person so summoned, who attends pursuant to the summons and continues his attendance as directed by the Judge, shall be entitled to be paid by the Crown such (if any) amount as the Judge certifies to be a reason- able recompense for his expenses and loss of time. Conciliation. 22 (I.) In the course of the hearing, inquiry, or NQloa. n1d9. , 1s9. 1122: m . ves t' Iga t' IOn (. mc 1 u d m ' gany compu 1 sory con f erence sum- moned by the Judge as hereinbefore provided) of any

LABOUR. ss. 23-25. 7563 1916. Industrial Arbitration Act. PART 11.- COURTOli' INDUSTRIAL ARBITRATION. industrial cause, the Court shall make all such suggestions and do all such things as appear to it to be right and proper for dealing with the cause or bringing about the settlement of the cause by amicable agreement. • (2.) If an agreement is arrived at, a memorandum of Agreement its terms shall be made in writing and cert~ fied by the : ff! , ~ v: f Judge, and such memorandum shall be filed III the office award. of the registrar, and, unless otherwise ordered and subje.ct as may be directed by the Court, shall have the same effect as and be deemed to be an award of the- Court. , 23. (1.) The Governor in Council may appoint anAppo~ tment­ ind:ustrial registrar and one or m~ re assistant indust~ ial ~ 1: ~ ~ t~ ~ ~ · 2. regIstrars, who shall have the prescribed powers and dutres. No. 19, s. 17. (2.) The Governor in Council may appoint any person De.puty to act as a deputy for the registrar for a time not ex- regIstrar ceeding in any case thirty days while such registrar is absent from his duties for any reason; and every such deputy shall while so acting have the same jurisdiction and powers and perform the same duties as if he were the registrar. 24. The Governor in Council may from time to Industrial time appoint industrial magistrates, who shall through- magistrates. out the State have the jurisdiction and powers con- ferred by this Act on an industrial magistrate, and in the exercise of such jurisdiction may do alone whatever might be done by a police magistrate sitting in petty ses8ions. 25. The provisions set forth in the Schedule to this Powers and Act shall be applicable in all matters with respect to f~ ~ ~ ~ ~ ; : . of wwhaiych 0 f thaeppCeoaIu, rat nhdasshjauIr. Iisbdeic 0 tbiosne, rvwedhe. ther original or by SNQcolha.en 1 dd 9 u. , l 1 e s 9 . . 1 1 2 8 , . Such provisions may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette. Such provisions shall be laid before both Houses of Parliament within fourteen days after such pUblication, if Parliament is in session, and, if not, then within fourteen days after the com- mencement of the next session. If either House of Parliam~ nt passes a resolution disallowing any such provision, of which resolution notice has bp-en given at any time within fourteen sitting days of such House after such provision has been laid before it, such provision shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.

7564 PART M.— INDUSTRIAL UNIONS. s. 26. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, PART III.—INDUSTRIAL UNIONS. ioRnfodguissttrriaatlion presc 2 r 6 ib . e(d1, . r)eTgihseter'regasisatrnarinmduasyt,rioanl uanpipolnicuantidoenr mthaisdeAacst union, any industrial association or trade union of employees. N.S.W. 1912, On such registration the industrial association or trade union shall be an industrial union until such regis- tration is duly cancelled. (2.) Such application shall be in the form prescribed, and shall be signed by the secretary and the president or chairman of the association or union. Notice of such application shall be published as prescribed. (3.) Upon an application to be registered as an industrial union, the registrar may require such evidence as to him seems fit, either oral or on affidavit— (a) Of the authority of the person signing the form of application; (b) That the persons on whose behalf the application is made should not in the public interest or for other good reason join an industrial union which has already been registered; - (c) That the rules of the applicant assaiation or union and their administration provide rea- sonable facilities for the admission of new members, and do not impose unreasonable conditions upon the continuance of their membership, and are not in any other way tyrannical or oppressive; (d) That the registration of the applicants will not unjustly affect any other industrial union; (e) That the application is bond fide in the interests of employees, and not in the interests of an employer or employers. (4.) Within the prescribed time and in the prescribed manner any industrial union or employer may, by notice to the registrar, oppose such application. (5.) The registrar shall fix a day for considering any objections on any of the above grounds to the granting of the application, and shall notify the same as prescribed. (6.) No branch of a trade union shall be registered unless it is a bond fide branch of sufficient importance to be registered separately.

1916. LABOUR. Industrial Arbitration Act. ss. 27·29. 7565 PARTIII.- INDUSTRIAL UNIONS. (7.) Any decision of the registrar under this section with respect to an objection taken as aforesaid, or on refusal of registration, shall be subject to appeal to the ~ Court as prescribed. - (8.) Any industrial association consisting of employees W.A. 1912, employed by the Government shall be qualified for No. 57,s. 100. registration as an industrial union under this Act: Pro- vided it would be so qualified if its members were not employed by the Government. 27 Every application for registration as an industrial Particulars union shall be accompanied by- : ~ shed on ( a) A list of its members , ' faoprplication (b) A list of the officers of the union, viz.-the registration. president or chairman, the secretary, the members of the committee of management or executive committee, and all salaried officers, with their official designations ; (c) Two copies of the rules of the union; (d) A copy of a resolution passed in accordance with the rules bya majority of the members present at a general meeting of the union, or by other competent authority in the union, in favour of registration of the union under this Act; (e) A list of callings comprised in the membership or objects of the union; (f) The localities or districts in which the members of the union exercise their callings. 28. No two associations or unions shall be registered No registra- as industrial unions under the same name. stiaomneunnadmeer . 29. (1.) Where two or more industrial associations Registration or trade unions exist in any calling, any two or more of of ~ eve7' l them may apply for joint registration as an industrial : - ~ o: m~ r union. calling. (2.) Where an industrial association or trade union applies for registration for a calling for which another industrial union is already registered, the registrar may accept the application and shall thereupon bracket together, with respect to the calling concerned, the regis- trations of the unions concerned. And the registrar may deal similarly with any subsequent application for regis- tration by any other industrial association or trade union in the same calling :

7566 PART III.- INDUSTRIAL UNIONS. ,ss. 30-32. L,ABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Provided that the industrial union first registered shall be given fourteen days notice by the registrar of his intention to bracket with the registration of such union the registration of another industrial union, and within the prescribed time and in the prescribed manner such first registered union may oppose such bracketing of the registrations. Industrial unions which for the purpose of any calling have had their registrations bracketed shall have joint rights under this Act. In any proceedings before the Court or a Board, such unions may appear jointly or separately. Amalgama- 30. (1.) Any two or more industrial unions con- ~~ ~! . sisting of employees engaged in the same calling or in W.A.1912, related callings may apply to the registrar for registration No. 57, B. 8. as one union. (2.) Every application hereunder shall be deemed to be an application for registration under this Act, and the provisions hereinbefore contained with respect to such application shall be observed. (3.) On the proposed new union being registered as an industrial union- (i.) The registration of every industrial union affected shall be deemed to have been cancelled; (ii.) All the property, rights, duties, and obliga- tions whatever vested in or imposed on the industrial unions affected shall become vested in or imposed on the new union. Certificate of 31. The registrar shall issue to each industrial union cgistration. registered under this Act a certificate of registration in omm. B. 57. the prescribed form, which certificate shall, until proof of cancellation, be conclusive evidence of the registration of the union therein mentioned, and that it has complied with the prescribed conditions to entitle it to be registered. Returns to 32. (1.) Each industrial union shall, as prescribed, gegistrar· 72 forward to the Registrar such returns of its members, omm. s. . officers, accounts, and alteration of its rules as are pre- scribed, and for any failure so to do shall be liable to a penalty not exceeding two pounds per week for each week of default. (2.) An industrial union shall forward to the regis- trar, subject to the aforesaid penalty for default, a copy of every industrial agreement to which it is a party.

1916. LABODR. Industrial Arbitration Act. ss. 33-37. 7567 PARTIII.- INDUSTRIAL UNIONS. 33. The list of members and officers and the rules Docwnents of an industrial union shall be open to inspection IJy ?pen t~ any person autllOrI.Sedybany' III dustr' la 1 um . on I . II thatlnSpectlOn. behalf. 34 An industrial union may, in the prescribed Change of manner, and on compliance with the prescribed conditions, came. change its name, and the registrar shall thereupon record s.o~~. the change of name in the register and upon the certifi- cate of registration. 35. The registrar may from time to time on the Change of application of an industrial union amend its registration callingfJ. in respect of the callings it represents. 36. (1.) If it appears to the Oourt, on the applica-Cancellation rtieogn • lsotfraanr- y industrial union or person interested, or of the r oo e ff g u I . s n t iroan t . I ' on (a) That for any reasons the registration of an~ ~ ~ · . Bi9a. o: i, industrial union ought to be cancelled; or No. 17, (b) That an industrial union has been registered ss. 8.6. erroneously or by mistake; or (c) That the rules of an industrial union or their administration do not provide reasonable facilities for the admission of new members, or impose unreasonable conditions upon the continuance of their membership, or are in any way tyrannical or oppressive; or (d) That an industrial union has wilfully neglected to obey any order of the Oourt ; • the Oourt shall order the registration of the union to be cancelled, and therelfPon it shall be cancelled accordingly. (2.) Provided that, save where otherwise mentioned in this Act, such cancellation shall not relieve the industrial union or any member thereof from the obliga- tion of any award or industrial agreement (whether made under the repealed Act or this Act), or order of the Oourt or of a Board, or from any penalty or liability incurred prior to such cancellation. (3.) The Oourt may cancel the registration of an industrial union if proof is given to its satisfaction that a majority in number of the members of the union, by ballot taken as prescribed, require such cancellation. 37. (1.) Every industrial union shall, upon and!~ cor1ora. during registration, become and be, for the purposes of : ;: . ~~ . tpheirspeA t cuta, I asubcocdesysIc . Oonrpaonr d atea bcyomitms roengissetea 1 r.ed name., having N w 0 . A 5 . 7 1 , 9 s 1 . 2 1 , 1. .

7568 PART III.- INDUSTlIIAL , UNIONS. ss. 38, 39. LABOUR. Industrial Arbitration Act. 7 Goo. V. No. 16, Registered (2.) There shall be inserted in the 'registered name naJIle. of every industrial union the words" union of employees," and also the locality in which the majority of its members reside or exercise their calling. PART IV.- INDUSTlIIAL PART IV.-INDUSTRIAL BOARDS. BOARDS. Dissolu$ion 38. All the Boards appointed under the repealed Act of :oards are at the commencement of this Act dissolved, except ~ pe~ ed where at such commencement any matter is pending or ~ c~ . w partly heard before any such Board, in which case such N~ :17: ~ 9~ ~ : Board may continue to act and deal with and determine such matter in the same manner as, if this Act had not passed. An award made under this section shall be deemed , to be a subsisting award made under the repealed Act. On such matter being determined, the Board shall be dissolved by the Governor in Council by Order in Council published in the Gazette. Boards. 39. q.) Industrial Boards may, on the recomme~ da- tion of the Court, be constituted by the Minister for any calling, industry, or undertaking recommended by the Court. Functions. (2.) The functions of such Boards shall be- (i.) The making of an award in any industrial cause 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 a.nd reporting to the Court on any matter remitted by the Court. Chairman. (3.) The representatives of the employers and employees on each Board shall choose the chairman of such Board, and if such representatives fail to choose a chairman within fourteen days from the co~ stitution of the Board the chairman of such Board shall be appointed by the Minister. Such chairman shall preside over and be a member of the Board whereof he is appointed chairman. A District Court Judge may be appointed to be such chairman,and when so appointed shall act in that capacity. -

1916. LABOUR. Industrial Arbitration Act. s.40. 7569 PART IV.-. INDUSTRIAL BOARDS. (4.) Each such Board shall, besides its chairman, consist of two or four other members, as may be recom· mended by the Court. (5.) The Minister shall appoint as the other members Other of such Boards persons who have been nominated by themembers. employers and industrial unions qoncerned, respectively, and who have been recommended by the Court: Provided that where no industrial union exists the representatives of the employees shall be recommended by the Court. One half in number of such other members shall be representatives of the employers; one half in number of such other members shall be representatives of t,he employees. (6.) Upon any failure to so nominate, representatives of employers or employees, as the case may be, shall be recommended by the Court and appointed by the Minister. (7.) On the chairman and members being appointed a Board shall be deemed to be constituted. (8.) The employers or industrial unions concerned shall be entitled, on one occasion only but not oftener, to vacatl3 the offioe of any member appointed to represent them respectively, whereupon a vacancy shall arise which shall be filled by a fresh appointment on the nomination of the employers or industrial unions concerned, as the case may be, of a person who shall be appointed by the. Ministe;r on being recommended by the Court. 40. Where it appears to the Court that a question Dema~ cation has arisen as to the right of employees in specified callings of callmgs. to do certain work in an industry to the exclusion of the employees in other callings, the Court may, on application made by an industrial union, constitute a special Board to determine such question, Such Board shall consist of a chairman and such number of other members as the Court fixes, but so that- (a) One half in number of such other members shall be representatives of employers and the other half representatives of employees; (b) Such of the callings as the Court considers to be directly interested in the question shall be represented on the Board by an equal number of representatives of employers aJ?d employees.

7570 PARTIV.- INDUSTRIAL BOARDS. ss. 41-44. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, The chairman and other members of such Board shall be appointed by the Court. Subject to appeal to the Court, the determination shall have effect as an award of the Court. G",zettal of 41. Every appointment of a member of a Board mapepnotsin. t. shall be notified in the Gazette. NNo. S. .W17. , s 1 . 91222, . A copy 0 f a G aze tt e con t am . m . g a no t· ICe 0 f suc h appointment purporting to have been published in pur- suance of this Act shall be conclusive evidence that the person named in such notice was legally appointed to the office named, and had power and jurisdiction to act in such office, and such appointment shall not be challenged for any cause. . Exercise of 42. All powers -of a Board may be exercised by a ~ : : ~ '1912, majority of the members thereof. No. 19, s. 26. Oath to be 43. Each member of a Board shall, upon his appoint- take~ y ment, take an oath that he will faithfully exercise and N~ ;W. ~912, discharge the powers and duties of his office without fear No. 17, s. 19· or favour to any person, and will not therein wilfully make any false or inaccurate sta.tement, and not to disclose any matter or evidence before the Board or the Court relating to- (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. Failure of 44. If any member of a Board, without reasonable : ~ : ~ r to excuse, neglects on two successive occasions to attend N.S.W: 1912, meetings of the Board duly convened, or to vote when No. 17, s. IS'present at any such meeting on any question duly sub- mitted 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.

1916. LABOUR. Industrial Arbitration Act. ss. 45-47. 7571 PARTIV.- INDUSTRIAL BOARDS. 45. (1.) The Minister, on the recommendation of the Dissolution Court, may at any time- (a) Dissolve a Board; of Board and removal of member. N.S.W. 1912, (b) Remove any member of a Board from his office l~ o. 17, s. 20. on the ground that such member is of unsound mind, or cannot attend with reasonable regu- larity the meetings of a Board, or has ceased to reside in Queensland, or is not properly discharging his duties as a member of such Board. (2.) Subject to the above provision, the members of Period of a Board shall hold office until the expiration of three years office. from the date of their appointment, and then shall cease to hold office: Provided that a member may resign his office. During any vacancy in a Board (other than in the Effect .of office of chairman) the continuing members may act vaca: ~ ~ as if no vacancy existed: Provided that during such ~:: nati!n. vacancy, in order to prevent unequal voting, one of the representatives of the party having the greater number of representatives shall refrain from voting on any question on which a division is called. (3.) A new Board may be appointed to take the New Board. place of a Board that has been dissolved, or the members of which have resigned or have ceased to hold office. Members ceasing to hold office on a Board shall be eligible for appointment to the new Board. The provisions of this Act relating to the constitution and manner of appointment of Boards shall apply to the appointment of such new Board. 46. (1.) Where from fl,ny cause a member of a Board Appointment cmeeamse b setro I . II h h o I ' l S d roofofmice, '- tothreepMreinseisntteremmpa 1 oyyearpspoorinetmapn 1 ooytheeesr tN N o o .S . v. 1aWc7a. .1n s 9 . ci1 2 e2 1 s, . . as the case may be, who shall be recommended by the Court. (2.) Where a person is appointed to any vacancy on a Board, the -Board as newly constituted may, if no member of the Board objects, continue the hearing of and may determine any part-heard case. 4 7 The members of a Board shall be paid such fees Fees, &c. expenses, and allowanc • es as may from time to time be N N . o S . .W17. , s1. 921: : 21., fixed by the Governor III Council. ' ! J

7572 PARTIV.- INDUSTRIAL BOARDS. ss. 48·50. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, mpCroeomncetmeodefnincges- . menc 4 e 8 d . on (I l . y ) bPyrorceemeidsisniogns tboeftohree BaoaBrodabrdy tshhealCl obuert. com- (2.) All meetings of a Board shall be convened by the chairman by notice served upon such members in manner prescribed. ' (3.) Parties to a remission and other persons con- cerned shall be summoned to attend the meetings of Boards by the chairman in manner prescribed. Powers of Board. 49. A Board may, on remission'to them of any industrial cause by the Court, with or without directions, whether for determination and award or for inquiry and report- (a) Investigate such cause judicially; (b) Conduct its proceedings in public, but not in private; (c) Adjourn the proceedings to any time or place; (d) Admit and call for such evidence as in good conscience 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 cause remitted to them, and in such recommendation 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. Chairman. 50. The chairman may require any person (including :~ iniswr a member) giving evidence before a Board to give his oathFl, &c. evidence on oath or affirmation, and for such purpose may NQola. n1d9. , 1s9. 1227, . administer' an oath or take an affirmation. For the purposes of compelling the attendance of persons to give evidence and the punishment of persons failing to attend when summoned or refusing to give evi- dence or produce documents or writings in their possession or power, the chairman shall have all the powers and authorities of a police magistrate sitting in a court of petty sessions.

1916. LABOUR. Industrial Arbitration Act. ss. 51, 52. 7573 PARTV.- INDUSTRIAL AGREEMENTS. PART V.-INDUSTRIAL AGREEMENTS. 51 (1.) Any industrial union may make an agree-Industrial ment in writin • g with an industrial association of employers a m gr a e y ebm e ents or some speCIfied employer or employers for the preVen-made. tion .01' s~tt~ement of an industrial dispute or relating to : ~~ 57~ 9s~ 235. any mdustrIal matter. (2.) Every industrial agreement shall be for a term Term and to be specified therein, not exceeding three years from the form of t date of the making thereof, and shall commence as follows: agreemen . " This Agreement, made in pursuance of ' The Industrial Arbitration Act of 1916,' this day of Between ," and then the matters agreed upon shall be set out. (3.) An agreement shall be limited in its effect to the particular locality therein specified. (4.) The date of the making of the agreement shall Date of be the' date on which it is first executed by any party agreement. thereto; and such date, and the names of all the original parties thereto, shall be truly stated therein. (5.) Notwithstanding the expiry of the term of an AgreeIIl:ent industrial agreement, it shall, subject to any award under ~ ~ ~ ~ ~ ~ f~ ~ this Act, continue in force in respect of all parties thereto, pa~ ties not except those who retire therefrom. retlred. (6.) At any time after or not more than thirty days Mode of before the expiry of an industrial agreement, any party retirement. thereto may file in the office of the registrar a notice in the prescribed form signifying his intention to retire therefrom at the expiration of thirty days from the date of such filing, and such party shall on the expiration of that period cease to be a party to the agreement. 52. (1.) A duplicate original of every industrial Duplicate to agreement shall, within thirty days after the making ~ .~ ~ di912, thereof, be filed in the office of the registrar. No. 57, s. 36. (2.) Every document purporting to be a copy of an industrial agreement shall (notwithstanding that no notice to produce the original has been given) be admissible in evidence in proof of the contents of the original, provided such copy is certified as a correct copy under the seal of the Court and the hand of the registrar. The production of such copy shall be prima facie evidence that the original agreement was duly executed in accordance with this Act in manner indicated in the copy, and that a duplicate has been duly filed.

7574 PARTV.~ INDUSTRIAL AGREEMENTS. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Parties to 53. Whilst the industrial agreement is in force, any =e:ent industrialllnion or employer may (with the consent of the added. original parties to the agreement or their respective repre- : ; ' ; ~ 5r2: h. sentatives) become party thereto by filing in the registrar's , office a notice in the prescribed form, signifying concur- rence with such agreement. baOginnrdewienhmgoe. mnt exte · n 5 d 4 t . o (1 a . n ) dEbveebryindinindgusotrnia- l agreement duly filed shall W.A.1912, No. 57, s. 38. (a) The parties who execute the same or concur therein; and (b) Every member for the time being of any in- dustrial union which is party thereto; and (c) Every worker who is, at any time whilst it is in force, employed by any employer on whom the agreement is binding. Enforce- (2.) An industrial agreement shall be enforceable in ment. the same manner as if it were an award of the Court. Agreements 55. An industrial agreement may be varied, renewed, ~: Jet or cancelled by any subsequent industrial agreement renewed, or made by and between all the parties thereto, but so that ~ l~ ~ e~ h, no party shall be deprived of the benefit thereof by any No. 57, 6. 39. subsequent industrial agreement to which he is not a . party: Provided that no industrial agreement with respect to which any powers conferred by the next succeeding section have been exercised shall be varied or cancelled without the leave of the Court. Industrial 56. The Court may declare that any industrial amgareyebmeent agreement shall have the effect of an award, and be a declared a common rule of any calling or callings to which it relates, ~ z: . n0n and the agreement shall thereupon, subject as hereinafter W.A.19l2, provided, become binding on all employers and employees, No. 57, s. 40. whether members of an industrial union or not, engaged at any time during its currency in any such calling within the locality specified in the agreement: Provided that before acting under this section the Court shall give all parties, likely in its opinion to be affected, notice by advertisement or otherwise of its intention to extend the operation of such agreement, and shall hear any parties desiring to be heard in opposition thereto.

1916. LABOUR. Industrial Arbitration Act. ss. 57-59. PARTVI.- CONCILIATION COMMITTEE8. PART VI.-CONCILIATION COM: MIT~ EES. 57 The Minister may, for the purposes of this Part Not~ c~ tim; , of this Act " notify districts and may cancel or amend o N f .S d . l W stn . c H t8 n • 2 . , any notification made under this section. No. 17,8.'38. Such notification may include all the callings in the district, or be limited to any specified calling or callings. 58. (1.) The Minister may, in the manner prescribed, Concil~ ation constitute for each such district a conciliation committee ~ ~ ~ ~ t; ; ~ 2 consisting of a chairman and two or four other members, No. 17, s. 39: as the Minister may determine, and to be appointed by him, one half in number of whom shall be nominated as prescribed by the employers concerned and the other half nominated as prescribed by the industrial union or unions of the employees concerned, or failing any such nomina- tion shall be recommended by the Court. _ The chairman shall be chosen by the unanimou8 agreement of the other members, but if no .such agreement is arrived at, or if the chairman so chosen is unable or refuses to act, he shall be appointed by the Minister: Provided that the Minister may, if he thinks fit, appoint the Judge to be chairman of any such committee. (2.) Subject to this section and so far as they may be applicable, such of the provisions of Part IV. of this Act as relate to the office of members of Boards shall apply to any member of a committee constituted under this section, except the Judge. 59. (1.) Any such, committee shall meet on being Inquiry by summoned by its chairman, as prescribed, or at the ~ ~ ; tt: : i2 request of the Minister, and shall inquire into any indus- N~ : 17; ~ trial cause in connection with the calling concerned, or ss. 40, 4L any of them if more than one, within its district. (2.) The chairman shall preside at all meetings of a committee, and shall endeavour to induce the other members to come to an agreement, but shall not take any part in the decisions of the committee. (3.) If such agreement is come to, it shall be reduced Agreement to writing and signed by the other members on behalf of ~ ~ h~' :i~ ~~~ the employers and the industrial unions concerned. agreement. Such agreement, on being certified by the chairman as prescribed, shall be filed in the office of the registrar, and shall have effect as an industrial agreement between such employers and unions.

7576 ss.60-G3. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. IS, PARTVII.- ~ ~ =: ~ PART VII.-GOVERNMENT EMPLOYEES. Government 60. If any persons employed by the Government ~r. or~ ~ , are members of a:ny industrial ~ nion composed of N'o. 57,8.100. employees engaged m the same calling as such persons, the Minister of the department in which such persons are employed, or the corporation of " The Treasurer" in the case of sugar-works controlled by or vested in such corporation, or the Commissioner for Railways in the case of the Railway I?epartment, shall, in relation to all such persons who are for the time being members of such union, and for the purposes of this Part, be deemed an employer, and such persons shall be deemed employees. rW ~ a v i.l e Aw r . a n y1 m 9s e . 12 n , t traffi 6 c 1 - . With respect to the State railways open for No. 57, s.101. (i.) Any industrial association of State railway employees may register under this Act as an industrial union. (ii.) The Commissioner for Railways shall be deemed the employer of the employees who are mem- bers of any such union. Police Force. 62. With respect to the Police Force- (i.) Any industrial association of members of the police force may register under this Act as an industrial union: Provided that such union shall not affiliate or register with or be subject to any o"ther union or federation of unions. (ii.) The Commissioner of Police shall be deemed the employpr of the members of the police force who are members of such unIOn. Unions of 63. In reference to any such industrial union as is 'Govelrnment mentioned in any of the three last preceding sections, - Wem.Ap . oy1e9e1s2. , the f 0 1 o 1 w ' mg proVI . sI . Ons app1y : - No. 57,s.102. (1.) The employer may enter into industrial agree- ments with any such union. (2.) If an industrial dispute arises between the employer and any such union it may be referred to the Court for settlement as hereinafter provided. (3.) The employer or any such union may, by petition filed with the registrar and setting forth the particulars of the matters in dispute, pray the Court to hear and determine the same. (4.) A petition when filed by the employer shall be under his hand, and under his official seal (if a.ny).

1916. LABOUR. Industrial Arbitration Act. ss. SO-83. 758» PARTIX. ~ )\.118· CELLANEOU!l. 80. When an award has fixed the lowest price orwor!ring in rate which may be paid to any person for wholly or partly ~~ture preparing or manufacturing any particular articles of d~ 1 furniture, and also the periods of time within which thetrOhlblte4 ordinary working hours shall be worked, it shall not be Q~ = . 1912; lawful for more than one member of a partnership to No. 19, B. 43. personally work inside a factory of the class to which the award relates at any time beyond such periods of time, unless such partnership has first obtained the written permission of the registrar. 81. Notwithstanding anything in this Act or in -any Court to be other law or any practice to the contrary- e gu q i w ~ te y d a b n Y d (a) The Court or any Board or conciliation com-good . ml· ttee, I.n the exerCI.se 0 f any J.ur.ISd·ICt·IOn, dut y, cQolnasnCdI.en 1 c 9 e i2 power, or function conferred or imposed upon No. 19, s. 4{. it or them, shall be governed in its or their procedure and in its or their awards and decisions by equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms or the practice of other courts; and (b) The Court or any Board or conciliation com- mittee, in the exercise of any such jurisdiction, duty, power, or function, shall not be bound by any rules or practice as to evidence, but may inform its or their mind on any matter in such manner as is deemed just. This section does not apply to proceedings in respect of offences against. this Act, 82. Every award shall prevail over any contract of Awards to service or apprenticeship in force on the' coming into prevail ov~ r operat I·on 0 f the award,SO far as t here· IS any l.nconsl.st ency ccaosnetsraocfts m between the award and the contract; and the contract ~ nfli~ \ 9i2 shall thereafter be construed and have effect as if it had No~ nl! ) , s. 45: been modified, so far as _necessary, in order to conform to the award: Provided that no such contract shall be deemed to be inconsistent with an award for the reason only that such contract provides for more favourable conditions of employment than those provided by the award. 83. The Crown may, where, in the opinion of thelntervent,jon Minister, the public interests are or would be likely to be ~ y the affected by the decision of the Court or the award of a Q~~ :;: 1912, Board, intervene at any stage in any proceedings under No. 19, s. 46. this Act or involving the interpretation thereof. N

7586 PART IX.- MIS- CELLANEOUS. ss. 84-87. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Upon such intervention the Crown shall be deemed to be a party. Representa. 84. On the hearing or determination of any indus- ptiaorntioefs at trI · a 1 cause, whether before t h e C ourt or any B oard, a hearing. party being an industrial union may be represented by a ~ o~nt9 ! ~ ! ; : member or officer, and any other party may be repre- , sented by his agent d~ y appointed in writing in that behalf. But unless all parties consent thereto no party shall be represented by counsel or solicitor in any proceedings before the Court or before a Board. A! , ,~rd as to 85. There shall be kept printed, painted, or affixed, : ~ ~~ ~ ~ e in legible roman characters, in some conspicuous place at posted up. or near the entrance of every factory, workroom, shop, or ~ ~nt9, ! ~ ~ ~ : premises to which an award applies, in such a position as to be easily read by the employees therein, a true copy of the award as to the lowest prices or rates of payment fixed by the award. Evidence of 86. (1.) An office copy of or copy of the Gazette con- Q'r: ~ : 1912 taining an award, order, decision, or other act of the No. 19, s, 53~ Court, purporting to be sealed with the seal of the Court, or an office copy of an award of a Board certified to be true under the hand of the registrar, or a copy of the Gazette containing the same, shall be received in all courts and tribunals and before all persons as evidence of such award, order, decision, or other act without further proof; and it shall not be necessary to prove any condition precedent entitling the Court or Board to make the decision, order, or award. Registrar's (2.) A certificate of the registrar that any specified a ce s r t t o ificate person was at any specified time the chairman or a mem~ ership member of any specified industrial union shall (subject ()fwuon. to review by a Judge) be conclusive evidence that the facts were as stated. m Sofp a es y ceirbavelicmeode the 8 c 7 ha . ir" Wmahnen oitf ias mBaodaerd toorapcpoenacriltioatiaonJucdogme moirttetoe directed. that personal or other service of any summons, notice, ~~ ~ ~, ! ~ ~ ! : or other document in connection with or for the purposes of any proceeding in or intended to be brought in the Court or before the Board or committee cannot promptly be effected in manner prescribed, the Judge or chair- man may in his discretion make any order for sub- stituted or other service or the substitution for service of

1916. LABOUR. Industrial Arbitration Act. ss. 88,89. 7587 PART IX.-'- MIS- CELLANEOUS. notice by letter, telegram, publio advertisement, or other- wise, which he deems necessary or convenient; and in suc~ case compliance with such order shall be sufficient serVIce. 88. (1.) A Judge or a Board and (upon being Powers of authorised in writing by a Judge) any officer of the Court::rydto or any other person, or (upon being authorised in writing co~ . f~ ~ . bpeyrstohne, cWh. Iathiromuatna)naynoythmeer mwbaerrraonft at hBanoat· hrdISoAr catn, ymoaythaert e&oxcf.aafmctmo a n ~ e l s O , n any time during working hours- Q N l o a . n 1 d 9 . , 1 B 9 . 1525, . (a) Enter any place or premises or any ship or vessel of any kind whatsoever, wherein or in respect of which any calling is carried on or any work is being or has been done or com- menced, or any matter or thIng is taking or has taken place in relation to which any in- dustrial dispute exists or is threatened or impending or will probably arise, or any indus- trial matter exists, or any award has been made~ or any offence against this Act is suspected; (b) Inspect and view any work, material,machinery, Inspection of ¥ appliances, article, matter, or thing whatsoever ~ ork and. be· Ing·In suchp acei, pre·mIses, sh·lp, or vesse I ; omfteprerrosgoantlsO. D (C) Interrogate any person or persons. who may be in or upon such place, premises, ship, or vessel in respect of or in relation to any matter or thing hereinbefore mentioned. (2.) Every person who hinders or obstructs a Judge, or a Board or any member thereof, or any officer of the Court or other person, in the exercise of any power con- f~rred by this section, or who refuses or unduly delays to a Judge, or a Board, or any officer of the Court, member of a Board, or other person authorised as aforesaid, entrance during any such time as aforesaid to any such place, premises, ship, or vessel, or refuses without reasonable excuse to answer any question put to him as aforesaid, or gives or makes any information or statement which is to his knowledge false, shall be liable to a penalty not exceeding fifty pounds. 89. (1.) The Governor in Council may and, on the Appoint, recommendation of the Court, shall from time to time ~ ~ ~ ~ ~ appoint industrial inspectors, who shall have the powersi;ndustrial and dut l·es prescrl· bed. N In . s S p . e W ct . o 1 rs 9 . 12, No. 17, s. 67.

.7588 PABTIX.- MIS· CELLANEOUS. s. 89. LABOUR. Indtustrial Arbitration Act. 7 GEO. V. No. 16, Each inspector shaJl be provided with a certificate of appointment signed by the Minister. In addition to any other powers and duties vested in ' or imposed upon him, any such inspector may exercise the following powers and perform the following duties in respect of any calling as to which an award or an industrial agreement is in force : - <a) Re may at any reasonable times inspect any premises of any employer upon which any such calling is carried on, and any work being done therein. (b) Re may at any reasonable times require the employer in such calling to produce for his examination, and may examine, any time- sheets and pay-sheets of the employees in such calling. (c) 'Re may at any reasonable times, out of the hearing of any employer, foreman, deputy, manager, or other superior officer, examine any employee in such calling as to the prices for piecework and the rate of wages paid' to him, and as to his hours of work as such employee (d) Re may institute proceedings under this Act for a penalty. The owner of such premises or employer may require such inspector to produce his certificate of appointment. QIand. 1912, (2.) It shall be the duty of industria.l inspectors to No. 19, s. 57· see that the provisions of awards and orders of the Court are duly observed. An industrial inspector shall report to the Director of Labour all breaches of this Act, or of an award or industrial agreement, which have come to his knowledge. (3.) No industrial inspector shall have any authority under this Act to enter a private dwelling-house, or the land used in connection therewith, unless some manufac- ture or trade in which labour is employed is carried on therein. (4.) Any industrial inspector who, except for the purposes of this Act, and in the exercise of his functions under this Act, discloses to any person any information which, in the exercise 'of such functions, he acquires, shall be liable to a penalty not exceeding fifty pounds. Obstructing (5.) Any person who obstructs a.ny inspector in the iuspector. exercise of his powers under this Act, or fails when duly

1916. LABOUR. Industrial Arbitration Act. ss. "'92. 7589 PABTIX.- MIS- CELLANEOUS; required as aforesaid to produce any time-sheets or pay-sheets, shall be liable to a penalty not exceeding ten pounds. 90. Any officer of an industrial urrion authorised in~ ower? f writing by the president and secretary of such union ; ~ ~ ~ n shall have the right to enter any plaqe or premises or any officials. ship or vessel of any kind whatsoever, wherein members of such union are engaged, for the purpose of convers- ing with or interviewing the employees in such place, premises, ship, or vessel: Provided that such officers shall not converse with or otherwise hamper or hinder the employees duririg their working time, but may interview anyemployoos or con- verse with them during any lunch hour or non-working time. Every person who hinders or obstructs any such- officer in the exercise of any power conferred by this section, or who refuses entrance to such officer or unduly delays such officer in entrance during any such time as aforesaid to any such place, premises, ship, or vessel, shall be liable to a penalty not exceeding fifty pounds. 91. Notwithstanding any Act to the contrary, no No stamp stamp duty shall be payable on or in respect of any::t!ble certificate, agreement, order, statutory declaration, power Y • of -attorney, or instrument executed in pursuance of or . to give effect to this Act. - 92. (1.) The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes, NQola. n 1 d 9 . . s 1 . 9 5 1 9 2, . whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this-Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. (2.) The regulations may fix a penalty, not exceeding in any case twenty pounds, for any breach thereof. (3.) All such regulations shall be published in the Gazette, and thereupon, subject to subsection four hereof, shall be of the same effect as if they Were contained in this Act.

7590 PAR!I.' IX.- Mrs- CIIlLLANEOUS. . ss. 93, 94; Sch., s. 1. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Such regulations shall be laid before both Houses of Parliamentwithin fourteen sitting days after such publica- tion, if Parliament is in session, and if not then within fourteen sitting days after the commencement of the next session. -(4.) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. (5.) For the purpose of this section, the term" sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such regulations are not duly laid before Parliament as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. Provisions as 93. (1.) All Orders in Council made under this Act t C o ouOnrcdielr.. s in shall be published in t ' he Ga . zette N Q o la . n 1 d 9 . , 1912. The Governor in Council may , by another Order in 88. 53, 60. Council, amend or rescind any such Order in Council. (2.) No misnomer or inaccurate description or omission in or from any such Order in Council shall in any wise prevent or abridge the operation of this Act with respect to the subject-matter, provided the same is designated so as to be understood. . (3.) A copy of the Gazette containing an Order in Council purporting to be made by the Governor in Council under this Act shall be conclusive evidence of the due making of such Order, and such Order shall not be liable to be challenged or disputed in a.ny court whatever. Expenses to. 94. All moneys required for the purposes of this obfe mpoanideyosut Act shall be paid out of moneys provided by Parliament. provided by Parliament. Qland. 1912, No. 19, s. 61. THE SCHEDULE. POWERS AND PROCEDURE OF THE COURT. Initiation of 1. (1.) Proceedings may be initiated before the Court by reference proceedings. motion, or summons, and by an industrial union, a member or officer thereof, an inspector, an employer, or the Minister.

1916. LABOUR. Industrial Arbitration Act. .. Sch., s. - 2; '1591 (2.) The Court of its own motion may initiate any proceedings and summon before it such persons as it deems necessary. (3.) No proceedings in the Court shall abate by reason of the death of any party, and such proceedings shall by order of the Court continue upon such terms and conditions as the Court thinks fit. 2. Subject to this Act, the Court may, as regards every industrial POW61'8 of cause-- . Court. (a) At or before the hearing, take steps to ascertain whether ~ ~ an~ 1912, all persons who ought, in its opinion, to be bound by its Sohed.·I1I. decision have had notice of or have been summoned to attend the proceedings ; (b) Direct that persons or industrial unions shall be parties to the proceedings, and by whom such parties shall be represented; direct that persons not summoned to attend the proceedings shall be so summoned, if the Court is of opinion, whether from the suggestion of parties or otherwise, that such persons should be so summoned; direct parties to be joined or struck out; . (c) Hear and determine the cause in such manner in all respects as the Court, in its discretion, thinks best suited for that purpose; (d) Allow any amendment of the proceedings on such terms as it thinks fit; correct, amend, or waive any error, defect, or irregularity, whether in substance or in form;. (e) Make any decision, and, without being restricted to the specific relief claimed by the parties, include in any decision . any matter or thing which the Court thinks necesSary or .expedient for preventing or settling the industrial dispute or dealing with the industrial matter; (/) Give any direction in pUr8Uance of the decision; (g) Dismiss any cause, or refrain from further hearing or from determining the cause, if it appears that the cause. is trivial, or that, in the public interest, further proceedings by the Court are not necessary or desirable; (11,) Order any party to the proceedings to pay to any other party such expenses, including expenses of witnesses, as are specified in the order; (i) Proceed to hear and determine the cause in the absence of any party thereto or other person who has been summoned or served with notice to appear therein; (i) Sit in any place for the hearing and determination of the 'lause; adjourn its sittings to any time and place; (k) Refer any technical matters or matters of account to an expert, and accept his report as evidence: For obtaining any special or expert information based on facts or figures which the Court may desire, the Court may call in the services of an expert or experts approved by it, and authorise such expert or experts to prepare schedules compiled from returns obtained from employers or em- ployees or both of them (which returns they shall be com- llelled to furnish under penalty of contempt of oourt) ~

1592 Slh., ss. 3-6. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, Such expert or experts shall not divulge the name or private business~ of any individual employer; but, without limiting the scope of the inquiry, such schedules may show details of the minimum or maximum and average costs of production, sale, or distribution in the calling concerned, the average net return on capital invested therein, estimates of allowances for depreciation or reserves to equalise profits, and other like general information; and as far as practicable such schedules shall not be confined to one year's operations; (l) At any time withdraw from the consideration of a Board any matters remitted to it and conduct an inquiry into such matters itself ; (m) Extend any prescribed time whether within or after the prescribed time; (n) Waive compliance with any Rule of Court; (0) Review, annul, rescind, or vary any act or decision of the registrar in any manner which it thinks fit; and (p) Generally to give all such directions and do all such things as it deems necessary or expedient in the premises. Injunction, 3. The Court in the exercise of its jurisdiction over Boards and mandamus, industrial magistrates may make such orders, by way of injunction, &c. mandamus, prohibition, certiorari, or otherwise, as it thinks proper. . Costs. 4. The Court shall have jurisdiction to award costs in all matters brought before it including matters dismissed for want of jurisdiction: but no costs shall be allowed of any counsel, solicitor, or agent except on an appeal to the Court or unless, in the opinion of the Court, it is or was in the interests of justice that counsel, solicitor, or agent should be or should have been heard. Judgment 5. The Court in the exercise of its jurisdiction under this Act may eaxnedcution. feonrfotrhceeseitspuorwponsedsecmisaioynms aakned amnda' yperonnfoorucneceinadlulssturicahl daegcreiseimonesntosr, gainvde such directions as may be necessary for doing complete justice in any proceeding before it, and for the execution of any such decision or the enforcement of any order, direction, or industrial agreement, and may Enforcement direct the issue of any writ or process of the Supreme Court or impose of Jrdersrd and enforce any penalty authorised or prescribed by this Act in the an awa s. same manner as a judgment of the Supreme Court is enforced, and the Registrar of the Supreme Court and the Sheriff and all bailiffs and other officers of the Supreme Court and District Court and Courts of Petty Sessions shall be deemed to be officers of the Court and shall exercise the powers and perform the duties prescribed by the Rules of Court. Powers of 6. In any industrial cause a Judge may make any order which JUdge as to he thinks just as to- i m n a te t r te lo r c s utory ( a ) Any I . II ter I ocutory proceedings to be take·n before t he hean. ng, . the costs thereof, the issues to be submitted to the Court, the persons or industrial unions to be served with notice of proceedings, particulars of the claims of the parties, admis- sions, discovery, interrogatories, inspection of documents or of real or personal property, examination of witnesses, and the place, time, and mode of hearing; and (b) Any matter which, by Rule of Court, a Judge is empowered to hear or deal with when sitting in Chambers.

1916. LABOUR. Industrial Arbitration Act. Sch., ss. 7, 8. 7593 7. With respect to evidence in proceedings before the Court, the Evidence. following provisions apply :- (a) On the application of any of the parties, and on payment of the prescribed fee, or, by direction of a Judge, without any such application or fee, the registrar shall il>sue a summons to any party or parties, or other person or persons, to appear and give evidence before the Court, and any number of witnesses' names may be inserted in one summons; (b) The summons shall be in the prescribed form, and may require any person therein named· to produce before the Court any books, papers, and other documents in his posses- sion or under his control in any way relating to the cause other than books, papers, or documents relating to any trade secret; (c) All books, papers, and other documents produced before the Court, whether produced voluntarily or pursuant to sum- mons, may be inspected by the Court, and also by such of the parties as the Court allows; but the information obtained therefrom shall not be made public without the permission of the Court; Provided that books, papers, and documents relating to the profits or financial position of any witness or party shall not, without his consent, be inspected by any person except the Judge unless such witness or party contends that the profits of an industry are not sufficient to permit of the payment of the wages or the granting of the conditions claimed or proposed to be paid or granted by any award, order, or industrial agreement; and that any parts of the books, papers, and documents which in the opinion of the Judge do not relate to any matter in issue may be sealed up ; (d) Every person who is summoned and duly attends as a witness shall be entitled to the prescribed allowance for his attend- ance and expenses: Provided that, until otherwise pre- scribed or except as otherwise prescribed, the allowance shall be according to the scale for the time being in force with respect to witnesses in civil actions in the Supreme Court ; (e) The Court may accept, admit, and call for such evidence as in equity and good conscience it thinks fit, whether strictly . legal evidence or not; (I) Any party to the proceedings shall be competent :md may be compelled to give evidence as a witness to the same extent as in cases in the Supreme Court; (g) The Court may, if it thinks fit, dispense with evidence on any matter on which all parties have agreed in writing, or on any matter as to which the Court deems evidence to be uI¥lecessary ; (h) The Court may take evidence on oath, or affirmation, or declaration. S. If any person who has been duly served with a summons to Contempt appear and give evidence before the Court, and to whom payment or by witness. tender has been made of any travelling expenses to which he is entitled,

7594 Sch., ss. 9-13. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, fails to duly appear, or if any such person or any person who has appeared or appears as a witness- (a) Refuses to be sworn or make affirmation or declaration as a witness; or (b) Refuses to answer any question which he is required by the Court to answer; or (e) Refuses to produce any book, paper, or document which he is required by the Court to produce; he shall be liable to be ordered by the Court to pay a fine not exceeding fifty pounds, unless he shows to the satisfaction of the Court that there was good and sufficient cause for such failure or disobedience. Contempt of oourt. 9. H any person wilfully insults the Judge or registrar or any other officer of the Court during his sitting or attendance in Court, or in going to or returning from the Court, or wilfully interrupts the pro- ceedings of the Court, or otherwise misbehaves himself in Court, the Judge may order that the offender be taken into custody and detained till the rising of the Court; and the Judge may, by a warrant under his hand and sealed with the seal of the Court, commit the offender to the prison nearest to the Court for any time not exceeding fourteen days, or may impose on the offender a fine not exceeding ten pounds, a,nd in default of payment may commit the offender to prison for any time not exceeding fourteen days unless the fine is sooner paid. How powers 10. The Court may exercise any of its powers on its own motion or maybe on the application of any party to the proceedings, or of any industrial eCxoeurrcti.sed by bunyiothne caownanredctoefdthweitChotuhret. calling in question, or of any person bound ~ ower. to 11. The Court may issue an order to any person to take evidence lBSue orders on its behalf in relation to any industrial cause; and that person shall etovitdaekneoe. hwaivtneesasells,ththee pporwodeursctoiof nthoef bCoooukrst ainndredloactiuomn etnotst, haensdutmhme toankiinngg ooff evidence on oath or affirmation or declaration. Registrar's powers and duties. 12. The Judge may direct the registrar to inquire into any matter as to which he requires information for the purpose of the exercise of the jurisdiction of the Court in any matter not being proceedings for a penalty under this Act, and the registrar shall inquire accordingly and report to the Court. For the purpose of such inquiry and for the purpose of any matter which by this Act is referred to him, the registrar may summon any persons, administer oaths and take affidavits, and examine parties and witnesses. Every person summoned by the registrar shall be bound to attend upon such summons, and shall for disobedience thereto be liable to a penalty not exceeding fifty pounds. Reserved 13. (1.) In any proceeding before the Court it may reserve its decision may decision. ! ? : ; ~ y (2.) Where a decision has been so reserved, the same may be given at any continuation or adjournment of the Court, or at any subsequent holding thereof, or the Judge may draw up such decision in writing, and, having signed the same, forward it to the registrar; whereupon the registrar shall notify the parties of his intention to read the same at some specified time and place, and he shall read the same accordingly, and thereupon such decision shall be of the same force and effect as if it had beim pronounced by the Judge.

LABOUR. 8ch., ss. ,14-19. 7595 1916. Industrial Arbitration Act. 14. When the Judge is una.ble to attend at the time appointed for Adjourn. the hearing of any industrial cause or for any proceeding, the registrar ments of may adjourn the Court, and also adjourn any business set down Court. for the day to such day and time as he deems convenient. 15. When any penalty is imposed in any proceedings in the Court, Recovery of or any sum is by the Court ordered to be paid, and no other provision is penalties and made in this Act for the recovery thereof, a certificate in the prescribed o~ e~ ~ form, under the hand of the registrar and the seal of the Court, specify- ~ he ecourt: ing the amount payable and the respective parties or persons by and to whom the same is payable, may be filed in any Court having civil jurisdiction to the extent of such amount, and shall thereupon, according to its tenour, be enforceable in all respects as if it were a judgment of sllch Court. 16. Where an employer through depression in any calling has Permit for reduced the number of his employees so as to affect the prescribed pro-existing. portionate number of apprentices employed by him, the Court, after full 6tprentices inquiry, may, if it thinks fit, permit him to continue employing such:u! ~er of apprentices for the full term of their indentures. employees reduced. 17. Notwithstanding anything to the contrary contained inthisP~ wer to . Act, a person may, with the sanction in writing of the Court, be bound bmd ~ rta. m as an apprentice to any calling for less than three years if, owing to his ~ ~ ; : : : l: : . n previous experience or length of employment in such calling, it is not three years. possible to bind such person as an apprentice for three years. A person bound pursua.nt to this section with the sanction of the Court shall not be deemed to be an improver. 18. The registrar or, on appeal from him, the Court may grant to !-icense to any person over twenty-one years of age, who has given satisfactorylmpro;:rs proof that such person has not had the full experience prescribed for;::a old improvers by any award, a license to work as animprover for the period . named in such license, at such wage as the registrar or Court thinks fit, being not less than the wage fixed by such awa.rd for an improver of the like experience. lhe registrar shall forthwith notify the secretary of the industrial union of the calling in which su.ch applicant desires to be employed of the grant of such license and of the conditions contained therein. Such union may, at any time after such notice, apply to the registrar or the Court in the manner prescribed for the cancellation of such license. ' 19. (I.) Any aged or infirm worker who deems himself or herself Aged or unable to earn the minimum wage prescribed by any award mayinfinn apply to the Court, and any industrial inspector may apply to the workers. Court on his or her behalf, for a permit in writing to work for less than the wage so prescribed. (2.) The Court or any industrial magistrate to whom the application has been remitted specially or by Rules of Court shall be the tribunal to determine whether and on what conditions such permit shall be granted, and shall have power to revoke or cancel any permit. {3.} The tribunal to which such application has been so remitted shall forthwith notify the secretary of the industrial union of the calling in which such applicant desires to be employed of the grant of such permit and of the conditions contained therein.

7596 Rules of Court. 8ch., s. 20. LABOUR. Industrial Arbitration Act. 7 GEO. V. No. 16, (4.) Such union may at any time after such notice apply to the said tribunal in the manner prescribed for the cancellation of such permit. (5.) An appeal against any such determination shall not lie from the tribunal to the Court except on the ground that the calling con- cerned is one in which no such permit should be granted. (6.) Any person paying or receiving a less sum than that authorised by such permit shall be liable to a penalty as for a breach of an award. 20. (l.) The Court may make rules- (a) Regulating the practice and procedure and forms to be followed and used in - or in connection with or for the purposes of proceedings before the Court or Boards, and in or in connection with or for the purposes of drawing up, settling, and enforcing awards, judgments, convictions, decisions, and other acts given, made, and done by the Court and awards made by Boards; regulating proceedings in chambers; (b) As to the publication of its decisions and other acts, and of the awards of Boards, and the effect of such publication; (c) For recovering fines and penalties imposed, and enforcing orders for attachment and orders for the payment of any moneys made under this Act; (d) Prescribing the fees and expenses to be paid -to witnesses; (e) Prescribing what (if any) fees shall be paid in respect of any proceedings in the Court, and the-party by whom such fees shall be paid ; (I) Prescribing the mode of service of process, notices, orders, or other proceedings upon parties, persons, and industrial unions; (g) Prescribing the powers, duties, and rights of any officer of the Court; (h) The making and enforcement of industrial agreements; (i) Delegating the jurisdiction of the Court as permitted by this Act to industrial magistrates; (j) PreSCribing the powers and duties of chairmen of Boards; providing for the appointment of an acting chairman during the temporary absence of the chairman from any cause ; (k) Prescribing the furnishing to the registrar of returns, lists of officers and members, and other s~ tistical information by industrial associations; _ (l) As to all things which this Act contemplates shall or may bE, prescribed by Rules of Court; and (m) As may be necessary or convenient for the full and effective exercise of the jurisdiction, duties, powers, and functions of the Court, or for giving effect to the convictions, decisions, and ~ ther acts given, made,_ or done by the Court'or the registrar or other officer of the Court. (2.) H at the time there is only one Judge, the power of making such rules shall be exercisable by such Judge; if there are two Judges, the said power shall be exercisable by the two Judges together; and if there are more than two Judges, the said pOwer shall be exercisable by all the Judges or a majority of them. -

LABOUR. 1916. Workers' OompensationAct Amendment Act. (3.) Subject to such rules. and this Act, the practice and procedure of the Court shall be as directed by the Judge making the particular direction. (4.) All such rules shall be publish~ d in the Gazette; and there- upon shall be of the same effect as if they were contained in this Act, and be judicially noticed without further evidence than the production of a copy of the Gazette. . Such· rules shall be laid before both Houses of Parliament within fourteen sitting days after such publication if Parliament is in session, and, if not, then within fourteen sitting days after the commencement of the next session. H either House of Parliament passes a resolution disallowing any such rule, of which resolution notice has been given at any time within fourteen sitting days of such House after such rule has been laid before it, such rule shall thereupon cease to have effect, but without prejudice to the validity of a.nything done in the meantime. (5.) For tho purpose of this Schedule, the term "sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such rules are not duly laid before Parlia- ment as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. 7597 An Aot to Amend "The Workers' Compensation Aot 7 Geo. v. of 1916" by making better Provision for a N;;!6. period of two years from the 1st day of July, ~~ ! !; ~ 1917, for Compensation in respeot of oertain A~ ~ : r! : . r Industrial and Mining Diseases, and for other AOT OF 1916. oonsequential purposes. . [ASSENTED TO 29TH DECEMBER, 1916.] B E 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 Queensland in Parliament assembled, and by the authority of the same, as follows:- 1 This Act may be cited as "The Worke1·s' Com- Short title, pensation Act Amendment .dct 0/1916," and shall be read oo:truotion, as one with" The JPorkers' Comppnsation Act of HH6,"* ~ n:: ;nt herein referred to as the Principal Act, and shall come of Aot. into operation on the first day of July, one thousand nine hundred and seventeen. 2 The following words ~ re inserted at the com- Amendment mencement of subsection one of section fourteen of the ofs. 14. Principal Act:-" Except in the case of compensation under section 14B hereof." ... 6 Geo. V. No. 35, supra, page 6926. The Principal Aot as amended by this Aot is reprinted in an Appendix, infra~