Industrial Arbitration (Amendment) Act 1919 (NSW)

INDUSTRIAL ARBITRATION

(AMENDMENT) ACT.

Act No. 50, 1919.

An Act to amend the law relating to Industrial Arbitration in connection with certain public servants ; to amend the Industrial Arbitration Act, 1912, the Industrial Arbitration (Amend- ment) Act, 1916, the Industrial Arbitration (Amendment) Act, 1918, the Industrial Arbi- tration (Fur ther Amendment) Act, 1918, the Public Service Act, 1902, and certain other Acts ; and for purposes consequent thereon or incidental thereto. [Assented to, 23rd December, 1919.] BE

lative Council and Legislative Assembly of New South	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­
Wales in Parliament assembled, and by the authority of
the same, as follows :—

1. (1) This Act may be cited as the "Industr ial

Arbitration (Amendment) Act, 1919 ."

(2) In this Act the expression " the Principal

A c t " means the Industrial Arbitration Act, 1912, as
amended by the Industrial Arbitration (Amendment)
Act, 1916, the Industrial Arbitration (Amendment) Act,
1918, and the Industrial Arbitration (Partner Amend­
ment) Act, 1918.

2. Section five of the Principal Act is amended as

follows :—

(i)  by adding between the words " on" and "wages" in the definition of "employee" the words " salary or "

(ii)   by omitting in the definition of "employer" the words " the Public Service Act, 1902, and "

(iii)   by adding at the end of the definition of "managerial position" the following words:

" but docs not include the position of a shop­

walker, ganger, or foreman stevedore."

3. Section eight of the Principal Act is amended by adding after subsection three the following proviso :—

Provided that any application for registration

as an industrial union, made by a trade union, all

of whose members are employees of the Crown,

the interests of the employees represented by the	shall not be refused upon the ground only that
applicant union may be protected by a previously registered industrial union.

4. The following new sections are inserted next after

section twelve of the Principal A c t : —

12B. Whenever a declaration as to the living wage shall be made under section seventy-nine of this Act during the currency of any industrial agreement, the court may, upon the application of any party to the industrial agreement, vary the wage provisions contained in such agreement.

12c.

12c . An industrial agreement shall continue in

force after the expiration of the term specified

therein until varied or rescinded by the parties or

by the court or until notice of termination shall
have been given in writing by a party thereto to

the other party or parties and to the registrar.

5. Section twenty-four of the Principal Act is

amended as follows :—

(i)   By adding at the end of the proviso to para­ graph (a) of subsection one the words " or (where salaries are paid on an annual basis) any salary in excess of five hundred and twenty-five pounds per annum."

(ii)   By omitting the word "nineteen" in the proviso to paragraph (b) of subsection one and inserting in lieu thereof " twenty."

(iii)   By adding to the end of subsection one the following provisos:—

Provided that an award affecting employees
employed under the Public Service Act, 1902,

or any Act amending the same shall, so far as

such employees are concerned, be made only

for the purposes specified in paragraphs (a),

(c) , (f), and (h) : 

Provided also that nothing contained in this

Act shall in any way alter any provisions of
the Public Service Acts or of any regulations

thereunder—

(a) prescribing or authorising the Public

Service Board to prescribe the passing
of an examination or other test as a
necessary condition for promotion of an officer or employee to a higher class,
grade, or division; or
(b)	providing that payment of increments of salary to an officer shall be subject to the giving of a certificate by the said board that the conduct of the

officer and his discharge of his duties

warrant an increase of his salary. I n the event of the said board refusing to

give

give such certificate, the officer shall he supplied with a written statement show­ ing the reason why such certificate was refused.

6. Section twenty-five of the Principal Act is amended by adding at the end of subsection one the following proviso :—

Provided that the court may, in its discretion, order and determine—

(a)	that any award made in respect of persons employed under the Public Service Acts who have not prior to the making thereof been bound by an award shall take effect from such day whether before or after the commencement of the Industrial Arbitra­ tion (Amendment) Act, 1919, as the court may direct; and
(b)	that in all other cases an award shall take effect from such day subsequent to the lodging or filing of the application therefor as the court may direct.

Provided further—

(a)	that the court may in exercising its powers under the last preceding proviso attach such terms, conditions, or restric­ tions as may appear to it to be ju s t ; and
(b)	that no employer shall be bound to pay any wages fixed by an award made by the court in exercise of such powers until fourteen days after publication of the

award as aforesaid, but the first payment

of wages under any such award shall

include; all arrears which have accrued due from the date upon which the award is directed to take effect.

7. Section twenty-eight of the Principal Act is

amended by adding the following new subsection :—

(2) Whenever a declaration as to the living wage shall be made under section seventy-nine of this Act during the currency of any award, any party to the award may apply to the court to vary the wage provisions contained in the award.

8 . Section seventy-nine of the Industrial Arbitration

Act is further amended by adding at the end of sub­

section (1A) the following words to stand as subsection

(1B) : -(1B) In the course of the public inquiry

required to be made by the Board of Trade preceding its declaration of the living wages to be paid to adult employees in rural occupations, the board shall take evidence upon the conditions of the rural industries and of their ability to bear additional burdens in wages and the probable effect of the same upon production and shall report its con­ clusions upon such evidence: and further, shall take such conclusions into consideration and give

effect thereto as far as is reasonable in making its

declaration as to the living wages to be paid to such employees, and may also, should it think

fit, refrain from making such declaration in such

occupation.

R E T U R N E D