Industrial Arbitration (Amendment) Act 1927 (NSW)

INDUSTRIAL ARBITRATION

(AMENDMENT) ACT.

Act No. 45, 1927.

A n A c t t o a m e n d t h e c o n s t i t u t i o n of t h e I n d u s t r i a l

C o m m i s s i o n	;	t o	a m e n d	t h e	l a w	w i t h	r e s p e c t
t o	t h e	d e c l a r a t i o n	of	l i v i n g	w a g e s	a n d	t h e

g r a n t i n g of p r e f e r e n c e of e m p l o y m e n t t o

u n i o n i s t s ; t o a m e n d t h e I n d u s t r i a l A r b i t r a ­

t i o n A c t , 1 9 1 2 , a n d c e r t a i n o t h e r A c t s ; a n d

for p u r p o s e s c o n n e c t e d t h e r e w i t h . [ A s s e n t e d

t o , 9 t h D e c e m b e r , 1 9 2 7 . ]

BE it enacted by the King ' s Mos t Excellent Majes ty , b y and with t he advice and consent of the Legis­

lat ive Council and Legis la t ive Assembly of N e w S o u t h

Wales in P a r l i a m e n t assembled, and b y the au tho r i t y of

t he same, as follows :—

1 . (1) This A c t m a y be cited as t h e " I n d u s t r i a l

Arbi t ra t ion ( A m e n d m e n t ) Act , 1927 . "

(2) This A c t shal l be read and construed wi th

t h e Indus t r i a l Arb i t r a t ion Act , 1912, as amended by

subsequen t Acts (herein referred to as t h e P r inc ipa l

A c t ) ,	and	the	I n d u s t r i a l	Arb i t r a t i on	(Amendmen t )	Act ,
192G.

(2)

2 . (1) Section six of t he Indus t r i a l Arb i t ra t ion

( A m e n d m e n t ) Ac t , 1926, is amended—

(a) by omitting subsections one, two, and three, and by inse r t ing in l ieu thereof t he following n e w subsections :—

(1) There shall be a n Indus t r i a l Commission

of N e w South Wales cons t i tu ted by t h e

a p p o i n t m e n t by t he Governor of t h ree member s , one of w h o m shal l be by his com­

mission appointed Pres ident .

The Commission shall be a superior cour t of
record, and its seal shall be judicial ly not iced.

(2) A person to be qualified for a p p o i n t m e n t

as a member shall be a puisne judge of the Supreme Court , a Distr ict Court judge , a barr is ter of not less t h a n five years ' s tanding , or a solicitor of not less t h a n seven years ' s t and ing .

E a c h member shall, subject to this section, hold office du r ing good behaviour , shal l have the same rank , t i t le , s ta tus , and precedence and the same salary, pension and other r igh ts as a puisne j u d g e of the Supreme Court , and shall be removable from office in t he same m a n n e r only as a j u d g e of the Supreme Cour t is by law liable to be removed from his office.
Such salary and pension shal l be charged

upon and be payable out of t he Consolidated

R e v e n u e Fund .

E a c h member shal l re t i re on the day on

which he a t t a ins t h e age of seventy years, unless he is g ran ted re t i r ing leave, in which case he shall re t i re on the expira t ion of such leave.

A m e m b e r of t h e Commission shall not be

capable of accep t ing or holding any other office or any other place of profit wi th in the Sta te , excep t any such judicia l office as m a y be conferred u p o n h i m by or unde r any law of

t he S ta te .

(3) If a member of the Commission is p re­
vented by any cause from a t t end ing to his

dut ies as such, t he Governor m a y appoin t some

ac t temporar i ly as a m e m b e r of the Commission,	person qualified to be appo in ted a m e m b e r to
and such person shall, while so ac t ing , have all
t he powers of a m e m b e r of t h e Commission.

(b) (i) by omi t t ing from subsection four t he words
" qualified to be appointed commissioner ."

(ii)   by omitting from the same subsection all

the words after t h e word " e x e r c i s e " and

by inser t ing in l ieu thereof t he w o r d s : " t h e jur isdic t ion and powers of the Com­ mission in all ma t te r s referred to h i m by the Commission provided t h a t a t the reques t

of

of any par ty he shall, or, of his own mot ion, he may remi t any quest ion ar is ing in any such m a t t e r to t he Commission for its opinion and direction.

U p o n the hea r ing of any m a t t e r so

referred t h e members , o the r t h a n t h e cha i rman of the Conciliation Commit tee for t he indus t ry or cal l ing shall , if t he

Commission or t he D e p u t y Commissioner

so direct , sit w i th t he D e p u t y Commis­ sioner b u t as assessors only and wi thou t vote. The Commission may g ran t leave to appea l to the Commission against any order or award made by the D e p u t y Commissioner, and on such appea l m a y vary any such order or award in such

m a n n e r as i t t h inks jus t .

The depu ty Commissioner may from t ime to t ime, if he t h i n k s fit, or w h e n t h e Com­ mission so directs assume and exercise t h e powers, funct ions , and jur i sd ic t ion of t he

c h a i r m a n of t h e commit tee , whe the r or not

t he cha i rman is absen t . "

(c) by omitting subsections five, six, seven, eight and nine and by inser t ing in l ieu thereof t he following new subsect ions :—

(5) On a p p o i n t m e n t t h e members of t h e

Commission, and the D e p u t y Commissioner, shall t ake t he Oa th of Allegiance and the

Jud ic ia l	Oa th .
This subsection ex tends to a person appoin ted to act temporar i ly as a member .
(6) The Commission may di rect t he commissioner , d e p u t y

a commit tee or any c h a i r m a n

of a commi t tee or t h e indus t r ia l regis t rar to inqui re into any m a t t e r as to which i t requires informat ion for t h e purpose of t he exercise of

t h e jur isdict ion of the Commission.

The D e p u t y Commissioner, commit tee , chair­

m a n , or reg i s t ra r shall inqui re accordingly	and
repor t to t he Commission.

F o r t h e purpose of any such inqu i ry t he

D e p u t y Commissioner , commit tee , cha i rman ,

or

or regis t rar may s u m m o n any person ,adminis te r oaths , and take affidavits and examine part ies and witnesses.

The provisions of section th i r ty - four of the

Pr inc ipa l Ac t shall ex tend to any such inquiry .

Every person so summoned shall he hound to a t t end upon such s u m m o n s a n d shall for disobedience there to he liable to a penal ty not exceeding fifty pounds .

(7) A t s i t t ings of the Commission all

members shall be present , and a n y ques t ion shall be decided according to t he decision of the majority :

Provided, however, t h a t the Commission

may in any par t icu lar m a t t e r delegate any of its powers or funct ions to any one member . F r o m any order or award made by such member an appeal shall lie to t he Commission, and on the appeal the Commission may vary any such order or award in such manne r as it

t h inks jus t .

(2) Section two of the Indus t r i a l Arb i t ra t ion

( A m e n d m e n t ) Act, 192 5, is amended by omi t t ing t he words " Commissioner means the Indus t r i a l Commis­ sioner appointed under this Ac t . "

(3) Section seven of the i n d u s t r i a l Arb i t ra t ion

( A m e n d m e n t ) Act , 1926, is amended—

(a) (i) by insert ing at t he end of pa r ag raph (a) of

subsection one the words " or under section

n ine of th is Ac t . "

(ii) by omi t t i ng from pa rag raph (c) of the same

subsection all the words after the word

" A c t " and by inser t ing in l ieu thereof the words " Members o ther t han the cha i rman of a commi t tee appealed from shall if t he Commission so directs sit with the Commis­ sion but as assessors only and wi thout vo t e . "

(b) by omi t t ing subsect ion two.

(4) (a) Section e ight of the I n d u s t r i a l Arb i t ra ­

tion	( A m e n d m e n t )	Act ,	1920,	is amended	by	omi t t ing
the	word	" C o m m i s s i o n e r "	wherever	occurr ing	and	by

inser t ing in lieu there f the word " Commission " ;

(b)

(b) Section th i r t een of the same A c t is

a m e n d e d —

(i) by inse r t ing after t he word " C o m m i s s i o n "

t he words " or t h e D e p u t y Commiss ioner ."

(ii)    by omi t t i ng t h e word " C o m m i s s i o n e r " and by inse r t ing in l ieu thereof the words " Com­ mission or D e p u t y Commissioner as t he case

m a y b e . "

(5) Subject to th is A c t all ma t t e r s pend ing before

the Indus t r i a l Commiss ion or t h e Indus t r i a l Commis­

sioner or t he D e p u t y Commissioner a t the commencemen t

of th is A c t m a y be con t inued before t he Commission

appointed in pu r suance of t h e I n d u s t r i a l Arbi t ra t ion

( A m e n d m e n t ) Ac t , 1926, as amended by th is Ac t .

3 . Sect ion n ine of t he I n d u s t r i a l Arb i t r a t ion

( A m e n d m e n t ) Ac t , 1926, is a m e n d e d : —

(a) by omi t t i ng subsect ion six and b y inser t ing in l ieu thereof t he following new subsect ion :—

(6) A t mee t ings of a commi t t ee t he opinion

of the major i ty	of t he members , o ther t h a n	t h e
cha i rman ,	shall	prevail .

"Where such member s are equal ly divided in opinion as to any quest ion, t h e y may agree to accept t he decision of the. cha i rman .

Save as aforesaid t he cha i rman of t h e com­ mi t t ee shal l no t t ake any par t in t he decisions of t he commi t t ee and shall have no vote.

W h e r e a commit tee fails to m a k e an order

or award upon a n applicat ion or makes a n order or award which deals only par t ia l ly w i th

t h e appl ica t ion the cha i rman shal l refer t h e

appl ica t ion or t he r ema in ing u n d e t e r m i n e d
por t ion thereof as t h e case m a y be to t he Commission.
(b)	by omi t t i ng subsection seven and by in se r t ing in lieu thereof t h e fol lowing new subsect ion :—

(7) W h e r e any quest ion or appl ica t ion is

referred to t h e Commission unde r th is section, members o ther t h a n t h e c h a i r m a n of t he commi t t ee shal l , if t he Commission so directs , sit wi th t h e Commission, b u t as assessors only,

a n d w i t h o u t vote .

A n y

Any determination, order, or award made by the Commission upon any such reference shall

take effect from such day subsequent to the

lodging with the industrial registrar of tlie application to the committee as the Commission may direct.

4.    (1) The Principal Act is amended—-

(a) by omitting section 24c as inserted by the1

Industrial Arbitration (Amendment) Act,

192C.

(b) by inserting in subsection one of section twenty-four the following new paragraph :—

(g) prescribing that as between members of any industrial union or unions of employees specified in the award and other persons offering or desiring service or employment at the same time, pre­ ference shall be given to such members other things being equal.

(c) by inserting at the end of section twenty-four the following new subsection:—

(3) Notwithstanding anything elsewhere

contained in this Act or any Act amending the same, neither the court nor a hoard shall have power to prescribe—

(a)	any form of preference of employment in excess of that set out in paragraph (g) of subsection one of this section ; nor
(h)	that any employee shall join any indus­ trial or trade union whether as a con­

dition of his employment or of the continuance of his employment in any industry or not ; nor

(c)	that any engagement of labour shall be
made only at the office of a union or through an official of a union ;

(d) by omitting from the definition of " Indus­ trial matters " in section five the word, figures, and letter ' ; section 24c " and bv inserting in lieu thereof the words "paragraph (g) of subsection one of section twenty-four as inserted by the Industrial Arbitration (Amend­ ment) Act, 1927 " ;

(e)

(e)	by omitting from the first proviso in subsection one of section twenty- four after pa rag raph (h) t he words and figures " a n d (h) of this sub­ section and section 24c " and by inser t ing in lieu thereof t he brackets word and le t ters
" ( g ) a n d (h) " ;
(2)	Section e ighteen of the Indus t r i a l Arb i t ra t ion

( A m e n d m e n t ) Act , 1920, is hereby repealed.

3) F r o m and after t he commencemen t of th is

Ac t —

(a) a n y ex i s t ing award which prescribes t h a t any

form of preference of e m p l o y m e n t shall be given to members of any industr ia l un ion or unions of employees in excess of the preference permi t ted to be prescr ibed by pa rag raph (g) of subsection one of section twenty- four of t he Pr inc ipa l A c t as inserted by this Act , shall , to t h e ex ten t of any such excess become and be inoperat ive and of no effect; and

(b) the provisions of any existing award which relate to t h e ma t t e r s deal t wi th in pa rag raphs (b) and (c) of subsect ion th ree of section Twenty-four of t he Pr inc ipa l A c t as inser ted by th is Act , shal l cease to have any force or effect.

5 .	Subsect ion one of section seven of t he	Indus t r ia l
Arb i t ra t ion	(Amendmen t )	Act , 1926, is amended by
inser t ing in pa ragraph	(b) after the words " t o	d e t e r m i n e "

t he words " a f t e r publ ic i nqu i ry . "

The Indus t r i a l Commissioner if he accepts office as a member of t h e Commission shall be ent i t led to

6 .

receive as such a m e m b e r and in l ieu of his sa lary as
I n d u s t r i a l Commissioner t he same salary as heretofore

for t he remainder of the period for which he was appoin ted Indus t r i a l Commiss ioner and no more and after the expi ra t ion of t h a t period to receive t he salary provided for in subsection two of section six of t he I n d u s t r i a l Arb i t ra t ion ( A m e n d m e n t ) Act , 1926- as amended by this A c t .

S T . P E T E R S