Industrial Conciliation and Arbitration Act of 1932 (23 Geo v No. 36) (Qld)

14266 LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, Provided that for the purposes of the first assess- ment of such additional tax under *" The Income (Unemployment Relief) Tax Acts, 1930 to 1932," such additional tax shall be charged, levied, collected, and payable on eleven-twelfths of the income of the person received during the year ending the thirtieth day of June, one thousand nine hundred and thirty-three, from sources in respect of which such additional tax is payable." Amendment 14. Section thirty-six of the Income (Unemploy- of s. 36. ment Relief) Tax Principal Act is amended by the insertion therein, after the first proviso thereof, of the following proviso, namely :- "Provided always that after the passing of t" The Income (Unemployment Relief) Tax Acts Amendment Act of 1932," no such Order in Council shall prescribe therein any amendment of this Act whereby the rate of Income (Unemployment Relief) Tax under this Act would thereby be increased." 2~ ~ ~ 36~ ' An Act to Provide for the Regulation of the Condi- THE INDUSTRIAL CONCILIA· tions of Industries by Means of Conciliation and Arbitration, to Establish an Industrial ' f~ :I: :: ' TION ACT OF 1932. oCto h uerrt paunrpdosDese. fine its Jurisdiction, and for [ASSENTED TO 6TH JANUARY, 1933.] B E it enacted by the King's Most Excellent 1fajesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I.- PRELIMINARY. PART I.-PRELIMINARY. Short title I. This Act may be cited as "The Industrial and Oonciliation and ArbitrationAct of 1932," and, subject : =~ f~ ct. to this Act, shall come into operation on a date to be tproclaimed by the Governor in Council in the Gazette, which date is hereinafter referred to as the commence- ment of this Act: * See section 1 of 23 Geo. V. No. 11 (this Act). t 23 Geo. V. No. 11 (this Act). t Proclamation bringing Act into force from 1st February, 1933, issued 13th January, 1933. (Gazette, page 316). .

1932. LABOUR. Industrial Conciliation and Arbitmtion Act. 14267 PART I.- PRELIMINARY. 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. 2. This Act is divided into Parts, as follows : - Division of Act. PART I.-PRELIMINARY; PART Il.-INDUSTRIAL COURT; PART IlL-INDUSTRIAL UNIONS; PART IV.-INDUSTRIAL AGREEMENTS; PART V.-GOVERNMENT EMPLOYEES; PART VL-BREACHES OF AWARDS AND OTHER OFFENCES; PART VIl.-MISCELLANEOUS. 3. *" The Industrial Oonciliation and Arbitration ReI?eal and Act8, 1929 to 1931," are repealed, which Acts are herein sa.vmgs. referred to as the repealed Acts : Provided that, without prejudice to the operation of t" The Act8 Shortening Act8 "- (i.)- (a) All awards, orders, and industrial agree- ments, (b) All registrations of industrial unions, (c) All declarations or notifications under t" The Projiteering Prevention Act of 1920," made and registered or purporting to have been made and registered under the powers and authorities of the repealed Acts and in force and operative at the commencement of this 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 and orders shall be deemed to have been made by the Industrial Court under this Act. * 20 Geo. v. No. 28, supra, page 12565; Order in Council of 29th May. 1930, supra, page 13382; 21 Oeo. V. No. 42, supra, page 13009; also 22 Geo. v. No. 50, supra, page 13795. t 31 Vic. No. 6, supra, page 15. t 10 Oeo. V. No. 33, supra, page 9213.

14268 PART 1.- PRELIMINARY. LABOUR. Industrial Conciliation and Arbitratio'n Act. 23 GEO. V. No. 36, Matters ppnding. Documents. Registrar. Industrial magistrate. Rules of Court. Declarations. In construing any such award, order, industrial agreement, or registration, refer- ences to the registrar shall be read as references to the registrar appointed under this Act, and references to the Industrial Court or Conciliation Commissioner, as the case may be, shall be read as references to the Industrial Court established by this Act. (ii.) All matters pending at such commencement under the repealed Acts before the Industrial Court may be continued under this Act, and shall be heard and determined by the Industrial Court established by this Act: Provided that matters pending at such commencement under the repealed Acts under *" The Profiteering Prevention Act of 1920," as amended by the repealed Acts, before the Commissioner of Prices, may be continued before the Commissioner of Prices under *" The Profiteering Prevention Act of 1920," as amended by this Act. (iii.) All documents relating to any matters or proceedings under the repealed Acts and filed or deposited with the Industrial Court shall be deemed to have been handed over to the Industrial Court and filed with that Court. (iv.) The registrar appointed under the repealed Acts and holding office at the commencement of this Act shall be deemed to have been appointed as registrar under this Act. (v.) Any industrial magistrate appointed under the repealed Acts and holding office at the commencement of this Act shall be· deemed to have been appointed as industrial magistrate under this Act. (vi.) All Rules of Court and regulations made under the repealed Acts and in force at the commencement of this Act shall, so far as is consistent with this Act, be deemed to have been made thereunder. (vii.) All declarations of the Court existing at the commencement of this Act shall continue and be in force until the Court otherwise declares. * 10 Geo. V. No. 33, supra, page 9213.

1932. LABOUR. Industrial Conciliation and A.rbitration A.ct. 14269 PART 1.- PRELIMINARY. 4. In this Act, unless the context otherwise indicates, I~terpreta­ the following terms have the meanings respectively set tlOD. against them, that is to say:- " Apprentice"-Any person bound by agreement Apprentice. for the purpose of being instructed in the knowledge and practice of any calling; " Award "-Award of the Court made or deemed Award. to have been made under the authority of this Act: the term where necessary includes any variation of an award and an industrial agreement; "Industrial Court" or "Court "-The Industrial Industrial Court constituted under this Act: the term Court. includes the President or any member thereof; " Calling "-Any calling, craft, business, or other Ca1lin~ . occupation or any section of any calling; " Decision" includes any award, order, or Deoision. declaration of the Court; " Director of Labour "-The Director of Labour Direotor of appointe9. under *" The Labour Exchanges Labour. Act of 1915": the 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 Employee. or piecework rates, or a member of a buttygang: 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 substantially 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 or passengers, shall not in itself prevent such person being held to be an employee: In every case where four or more persons, being or alleging themselves to be partners, are working in association in any calling or industry, each of such persons shall be classed * 6 Geo. V. No. 6, 8upra, page 6851.

14270 PART 1.- PRELIMINARY. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, bnplo;ver. Improver. Industrial agreement. Industrial. cause. as and be deemed to be an employee; and the partnership firm constituted by them, or alleged so to be, shall be deemed to be the employer of each such person. Notwithstanding anything to the contrary contained in any Act, no company, corporation, or firm shall proceed to the issue to any of its employees any shares in the company, corporation, or firm concerned until the consent of the Court shall first be had and obtained: Moreover no deduction from the wages of any employee to whom any such shares shall be issued pursuant to any such consent of the Court shall be made for or in respect of calls on any such shares so issued to any such employee; " Employer"-Any person, company, corporation, 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, and all other local bodies constituted by or under any Act: A person carrying on a calling in which employees are usually employed is an employer, notwithstanding that for the time being he does not employ any employee therein; " Improver"-An employee who, by direction of the Court given in his case, is serving at a special wage a period of training with an employer for the purpose of becoming a qualified worker in a calling; "Industrial agreement"-A subsisting industrial agreement made under the repealed Act or an industrial agreement made under this Act; "Industrial cause" includes an industrial matter and an industri8J dispute;

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14271 PART I.- PRELIMINARY. " Industrial demarcation"-The determination of Industrial the c1al·m 0 f anyone c1ass 0 f emp1oyees demarcation. to do any work to the exclusion of other employees; "Industrial dispute"-Any dispute as to any Industrial industrial matter; dispute. "Industrial inspector"-An industrial inspector Industrial appointed under this Act or under the inspector. repealed Acts; " Industrial magistrate"-An industrial magistrate Ind~ strial appointed under this Act or under the magIstrate. repealed Acts; " 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 questions which are the subject of proceedingf3 for an indictable offence: 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 piecework 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

14272 PART I.- PREliMINARY. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, 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, 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 employment, and including claims to have protective appliances, clothing, hot or cold water, and sanitary and bathing accommodation provided 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 under abnormal conditions or in abnormal working places, and the determination of what are abnormal conditions or abnormal working places; (c) The employment of children, young workers, or improvers, or of any person or persons or class of persons, including the disqualification of any persons for employ- ment 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 ~ nterests, 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

1932. LABOUR. Industrial Cpnciliation and ArbitrationAct. 14273' PART I.- PRELIMINARY. aged or infirm workers, apprentices, and improvers that may be employed by an employer, and the lowest prices or rates payable to them; (d) The right to dismiss or to refuse to employ or reinstate in employment any particular person or class of persons in any calling; (e) Any custom or usage, either general or in any particular calling, industry, enterprise, or locality; (1) 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; (It) 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 any application to the Court or at the time of the making or enforce- ment of any decision by the Court; (i) The regulation of the relations between employers and employees, or between employees and employees, and for this purpose the 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 trade; (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; •

14274 PART I.- PRELIMINARY. LABOUR. Indtlstrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, Industrial union. Lock-out. Member. Minister. Prescribed. President. Registrar. Regulations. Repealed Acts. " Industrial union "-An industrial union registered as an industrial union under this Act; " Lock-out"-The act of an employer in closing his place of business or suspending or discontinuing his business or any branch thereof, or a refusal or failure by an employer to continue 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 employees 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; "Member"-A member of the Court: the term includes the President of the Court; "Minister"-The Secretary for Labour and Industry or other Minister of the Crown for the time being charged with the administration of this Act; " Prescribed "-Prescribed by this Act; "President "-The President of the Court: the term also includes any person acting as President; "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 Acts "-*" The Industrial Conciliation and Arbitration Acts, 1929 to 1931," including any Order in Council made or purporting to * 20 Geo. V. No. 28, supra, page 12565; Order in Council of 29th May, 1930, supra, page 13382; 21 Geo. V. No. 42, 8upra, page 13009 ; also 22 Goo. V. No. 50, 8upra, page 13795.

1932. LABOUR. lrIdustrial Conciliation and ArbitrationAct. 14275 PART 1.- PRELIMINARY. be made under such Acts, whether in addition .to or amendment of or in modification of such Acts.; "Rules of Court"-Rules made by the Court Rules of under this Act; Court. "Strike"-The act of two or more employees, Strike. who are or have been in the employment either of the same employer or different employers, in discontinuing their 'employ- ment, 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 discominuance or cessation of work to resume work or return to their employment, or wilfully delaying or obstructing the p.wgress of work by what is known as the "go-slow" method of strike, the said discontinuance, cessation, breach, refusal, or failure being due to or in pursuance of any combination, 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 employment, 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 employ- ment, 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 Council, Rules of Th Court, and regulations made under this Act;

14276 PART 1.- PRELIMINARY. LABOUR Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, Young workerj " Young worker"-Any person, male or female (other than an apprentice or an improver) under twenty-one years of age, who receives a lower wages price or rate than that fixed by any award for ordinary adult employees. Application 5. Save as next hereinafter provided, this Act of Act. applies to all callings whatsoever and to all persons whomsoever : Provided that- (i.) Nothing in this Act applies to any State child within the meaning of *" The State Children Acts, 1911 to 1928" ; (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: Provided that any award applying to any such person or class of persons so excepted from the operation of this Act shall to the extent to which it so applies be deemed to have been repealed. PABTII.- INDUSTRIAL COURT. PART n.-INDUSTRIAL COURT. Constitution 6 (1) There is hereby established a Court, to be ~~~ ~: ustrial called . th~ "Industrial Court," consisting of three persons appointed from time to time by the Governor in Council by commission in His Majesty's name. One of such persons shall at the date of his appoint- ment be a Judge of the Supreme Court of Queensland. Such Judge of the Supreme Court as aforesaid shall be the President of the Court and, notwithstanding the provisions of any Act to the contrary, continue to hold and exercise the office of such Judge of the Supreme Court. Disabilities. (2.) A person appointed to be a member of the Court shall not be capable of being a member of the Executive Council or of the Legislative Assembly, and shall not act as a director or auditor or in any other capacity take part in the management of any bank, joint-stock company, trade, or business. * 2 Geo. V. No. II and amending Acts, supra, page 5076. (See Alphabetical Table.)

1932. LABOUR. Indl( stria~ Conciliation and ArbitrationAct. 14277 PART II.- INDVSTRIAL GOURT. (3.) Each member of the Court, other than the Salary. President, shall, during continuance in office, receive an annual salary equal to the salary of a Puisne Judge of the Supreme Court: Provided that the Judge of the Supreme Court who under this Act is appointed to be President of the Court shall perform the functions of President under this Act without extra remuneration over and above the emoluments of his office as such Judge. (4.) The President shall be appointed for such term Term of of years as the Governor in Council may fix and may be office. reappointed from time to time for any further term of years fixed by the Governor in Council. Each member other than the President shall be appointed for a term of seven years, but may be reappointed for a further term not exceeding seven years : Provided that the President and each other member shall retire from office upon attaining the age of seventy years notwithstanding that he has not then remained in office for the term then current of his appointment. If the term of office of any member expires during the continuance of any investigation or any matter on which he has entered as member, 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. (5.) Every member shall hold office during good Tenure. behaviour and shall not be removed therefrom unless an address praying for such removal shall be presented to the Governor by the Legislative Assembly. (6.) Incase of the illness, inability, or absence of any Appointment member other than the President, the Governor in of deputy, Council may appoint some other person to act as the deputy of such member during such illness, inability, or absence, and every such person shall, while he acts as such deputy, have all the powers and perform all the duties of and be subject to the same disabilities as such member. In case of the illness or absence of the President the Governor in Council may appoint a Judge of the Supreme Court or some person qualified to be appointed a Judge

14278 PART II.- INDUSTRIAL COURT. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, of the Supreme Court to act as President, and notwith- standing any Act to the contrary, the Judge of the Supreme Court or person qualified to be appointed a Judge of the Supreme Court so appointed shall act as President of the Court. Such Judge or person so appointed, whilst acting in the capacity of President, shall have all the powers and perform all the duties of a member and President of the Court during the illness or absence as aforesaid of the President. Judicial functions. Seal. (7.) The President or any other member sitting alone shall constitute the Court, and, except as in this Act or any Rules of Court otherwise provided, all the powers and jurisdiction of the Court may be exercised by the President or any other member sitting or acting alone. If more than one member is sitting at the same time in the exercise of the judicial functions of the Court each such member shall constitute the Court. The Court shall be a superior Court of Record. (8.) The Court shall have an official seal, which shall be judicially noticed. Jurisdiction 7. (1.) The Court shall have all the powers and of the Court. jurisdiction of the Supreme Court in addition to the powers and jurisdiction conferred by this Act, and may hear and determine all questions arising under this Act, whether of 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 industrial matter, and any industrial dispute as to which a member has held a conference under this Act, and as to which no agreement has been reached, and which a member has thereupon referred to the Court, and more 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 (not being members of an industrial union of employees

1932. LABOUR. Indust1'ial Conciliation and ArbitrationAct. 14279 PART II.- INDUSTRIAL GOURT. and not covered by an award) 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; (ill.) 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 before it may by order or direction do anything which it is authorised . by this Act to do by an award. (5.) In all cases where the Court is constituted by the President sitting with another member or members, the decision of the President upon any question arising as to the jurisdiction of the Court or as to the construction of any of the provisions of this Act shall prevail and be the decision of the Court.

14280 PART II.- INDUSTRIAL COURT. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, (6.) The Director of the Bureau of Industry constituted under *" The Bureau of Industry Act of 1932" shall, on being requested by the Court so to do, furnish the Court with such statistical information which the Court may require in and for the purposes of this Act. Provisions as to awards. 8. (1.) Without limiting the generality of the powers of the Court, the Court may make an award with reference to a calling or callings- (i.) Subject to this Act, 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; (ii.) Subject to this Act, fixing the number of hours and the time to be worked in order to entitle employees to the prices or wages so fixed; (ill.) Subject to this Act, fixing the lowest rates for overtime and holidays and other special work, including allowances as compensation for overtime, holidays, and other special work; (iv.)lSubject 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 improvers in a calling the quantum of work to be done and the number of hours and the times to be worked by them, and the lowest * 23 Geo. V. No. 25 (this volume).

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14281 PART II.- INDUSTRIAL" COURT. 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 years of the apprenticeship may be payable contingently upon the passing by the apprentice of any prescribed tests for the 0 btaining 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 such 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 cognizance of the matter in question; (viii.) Modifying or altering the early-closing provisions or the weekly half-holiday pro- visions of the Acts relating to factories a~ d shops to any extent deemed proper or convenient, 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 provisions; and so that complaint for offences against any of the said Acts or for breaches of any regulation made there- under 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 o

14282 PART II.- INDUSTRIAL COURT. LABOUR. Industrial Oonciliation a1~ ArbitrationAct. 23 GEO. V. No. 36, 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 award; and from time to time revoking in whole or in part any such modification, alteration, 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; (ix.) Ordering that where an award has fixed a starting time and a ceasing time for employees engaged in any calling in or in connection with any workshop, factory, or warehouse, it shall not be lawful for any person to work at such calling outside of such fixed hours or to engage or be engaged outside such hours in or in connection with the production for sale of any articles ordinarily produced in such calling, subject however to such exemption as the Court in such award may -determine; (x.) Directing that a copy of an award or industrial agreement be exhibited in a conspicuous and convenient place on the premises of any employer affected thereby; (xi.) And generally dealing with, determining, and regulating any industrial matter. In· respect of an award dealing with transport services, the Court shall have regard to public safety and convenience.

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14283 PART II.- INDUSTRIAL COURT. (2.) Where it is mutually agreed by the parties Preference. concerned or considered advisable by the Court that preference be granted either generally or to any particular union or organisation, such preference shall be granted subject to such conditions as the Court may approve. 9. (1.) The Court may from time to time declare P0'r er to general rulings relating to any industrial matter for the ; :~e~:~ guidance of suitors before it, and in order to prevent a rulings. multiplication of inquiries into the same matter. (2.) Such declarations shall be prima facie binding WhicJ:1l!!hall as decisions of the Court upon the Court or industrial J:cfe rt1rdl magistrate. binding. (3.) Without limiting the generality of the power Instance~ of conferred by the two immediately preceding subsections, such rulmgs. the Court may from time to time make declarations as to- (a) The cost of living; (b) The standard of living; (c) The basic wage for males and females; (d) The standard hours: Provided that- (i.) For the purpose of making any declaration under paragraphs (C) and (d) of this sub- section three, the Court shall be constituted by the President and two members; (ii.) The basic 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 family of three children in a fair and average standard of comfort, having regard to the conditions of living prevailing among employees in the calling in respect of which such basic wage is fixed, and prOVIded that in fixing such basic wage the earnings of the children or wife of such employee shall not be taken into account; (iii.) The basic wage of an adult female employee shall not be less than is sufficient to enable her to support herself in a fair and

14284 PART !I.- INDUSTRIAL COURT. LABOUR. Industrial Concilia.tion and ArbitrationAct. 23 GEO. V. No. 36, 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 basic wage is fixed; (iv.) The Court shall, in the matter of making declarations in regard to the basic wage or standard hours, take into consideration the probable economic effect of such declaration in relation to the community in general and the probable economic effect thereof upon industry or any industry or industries concerned. Adjustment (4.) Upon a declaration as to the basic wage during of awards. the currency of an award, the terms of such award affecting rates of pay shall be varied to accord with such declaration by the registrar (subject to an appeal to the Court) and such variation of the award shall, upop publication in the Gazette, have effect as an award from the date of publication. Directions 10. (1. ) Save as hereinafter provided, every award tothobesbeeCrvoeudrtb. y sehffaelclt,beordepermoveidsiotnos cnoonttailenssprfoavviosiuornasblteo ttoheemfoplllooyweiensg, save in the callings mentioned in the provisos to paragraph (a) hereof:- (a) Employees shall 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- four 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 or a working week of five days is mutually adopted by the employers and employees, in which latter cases the time worked on five days of the week may be proportionately greater than eight hours per day in order to allow forty-four hours to be worked during not more than six consecutive days: Provided that (notwithstanding the fore- going provisions in paragraph (a) hereof) for employees in the callings following, namely, railway gatekeepers in the employment of

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 1428f). PABT II.- INDUSTRIAL COURT. the Commissioner for Railways, employees on coastal, river, and bay vessels, musterers and drovers of stock, employees on farms engaged in feeding or attending to stock or such other necessary services as the Court in its discretion' may determine, and employees engaged in domestic service, the Court in its discretion may determine the maxiIll;UIll: nl,l,mber of working days and hours in 'any week: And provided further that (notwith- standing the foregoing provisions in paragraph (a) hereof) the Court shaIJ not be required to observe the direction contained in the paragraph (a) as aforesaid if it is of opinion that in respect of any industry or calling (whether the industry or calling immediately concerned or some other industry or calling) substantial unemployment will result or that the community in general will be prejudicially affected by the observance by the Court of such direction: Provided that in no case where such direction is not 0 bserved shall the time worked by any employee within any period of six consecutive days exceed forty-eight hours: Provided that the provisions of the aforesaid paragraph (a) shall come into operation on the first day of July, one thousand nine hundred and thirty three: Provided further that- (b) The working time of employees in underground occupations, or occupations in which the conditions as to temperature, ventilation, lighting, and limitation of approaches are similar to those obtaining in underground occupations, shall include permitted inter- missions for rest and meals, shall be reckoned from bank to bank. Moreover, the Court shall have jurisdiction to order the employer to provide and operate suitaple ventilating appliances where the temperature in mine workings is unduly high, and to pro~ ide that the ventilation shall be adequate to r#

14286 PART II.- INDUSTRIAL COURT. LABOUR. Industrial Conciliation and Arbitratio·n Act. 23 GEO. V. No. 36, Payment for certain holidays. maintain a reasonable limit of humidity and to fix the maximum daily working hours at such lesser number than eight as the Court may think fit: provided that jn all cases the employee shall be paid as for a full shift or half-shift as the case may be; (c) 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 worked, or not less than time and a-half in any other calling; (d) Notwithstanding the terms of any current award or industrial agreement, the Court may 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; (e) Subject to the last preceding paragraph, where in any calling the ordinary time of work is at the commencement of thifl Act fixed by award or industrial agreen..ent CIf by well-established 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. (2.) Save as hereinafter provided, every award shall be deemed to contain provisions to the following effect, or provisions not less favourable to employees ; - All work done by any employees on Good Friday, Labour Day (the first Monday in Mayor other day appointed under *" The Holidays Act of 1912" to be kept in place of that holiday), Christmas Day, and the twenty-fifth day of April (Anzac Day), or any day appointed under *" The Holidays Act of 1912" to be kept in place of any such holiday, shall be paid for * 3 Geo. V. No. 17, 8upra, page 5463.

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14287 PART II.- INDUSTRIAL COURT. at the rate of double time. All work done on the first day of January, the twenty-sixth day of January, Easter Monday, the birthday of the Sovereign, and Boxing Day, or any day appointed under *" The Holidays Act of 1912" to be kept in place of any such holiday, shall be paid for at the rate of time and a-half. For the purposes of this provision, where the rate of wages is a weekly rate" double time" shall mean one day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. For the purposes of this provision, where the rate of wages is a weekly rate, "time and a-half" shall mean one half-day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. Nothing in these provisions shall have reference to Sunday work. Nothing in this section shall prevent the Court from granting the equivalent of annual leave on full pay in lieu of extra payment for work done on the aforesaid holidays. (3.) Application may be made at any time during Applications the currency of an award in force at the commencement :~i~:r~ of this Act to make such variations or amendments as awards. are necessary to bring it into conformity with or to give effect to this section. (4.) Any award or industrial agreement made after Where the c. o~ mencem? nt of ~ his Act in which the directions or ~~~~r~~l prOVISIOns of this sectIOn have not been observed shall agreement not be enforceable. iasccnoortdiannce The Court shall amend such award or agreement wit~ this so that t he same sha 11 be I·n accordance W.Ith sueh sectIOn. directions and provisions. (5.) Any employer who with a view to evading the provisions of this Act or any award thereunder in reference to the granting to an employee employed on a weekly basis any holiday or annual leave due to such employee, terminates the services of any such employee, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding one hundred pounds. 11. Notwithstanding anything contained in this Rationing of Act or in any award or industrial agreement to the work. contrary, any employer may apply to the Court or to an * 3 Geo. V. No. 17, supra, pago 5463.

14288 LABOUR. PART II.- INDUSTRIAL COURT. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, industrial magistrate for permission, under circumstances as set forth hereunder, to divide the work available to employees among his employees and to employ such employees on part time only. Such permission as aforesaid may be granted if the Court or industrial magistrate is satisfied that the approval of the application of the employer will obviate the necessity of the retrenchment of any of his employees, or will other·wise relieve unemployment or prevent further unemployment, or is in the best interests of the employer and employees concerned. The permission as aforesaid (if granted) shall be in writing signed by the Court or a member thereof or industrial magistrate, as the case may be, and shall specify therein the time within which such permission shall operate: Provided that application for renewal of such permission may be made by the employer from time to time. Such permission shall set forth therein the minimum ordinary working hours which the employer may work his employees in any week, or may provide for the laying- off of employees for such periods of time as the circumstances may warrant and as prescribed in such permission, or may provide therein such general provisions, terms, conditions, and stipulations as shall be calculated to obviate the necessity of the retrenchment of the employees of the employer, or as shall be calculated to relieve unemployment or prevent further unemployment, or as shall be calculated to be in the best interests of the employer and employees concerned. Where in respect of any such permission, the employee works for part of a week, the wage payable to such employee in respect of such part of a week shall not be less than a wage which bears the same proportion to the weekly wage prescribed in the award or industrial agreement concerned as the time worked by the employee in the week bears to the ordinary weekly working hours prescribed in such award or industrial agreement. On the consideration of any such application the Court or industrial magistrate shall take into considera- tion the views of the employees concerned. A copy of any such permission granted as aforesaid shall be forwarded by the Court or industrial magistrate to the registrar, who shall record the same accordingly and notify the union concerned.

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14289 PART II.- INDDSTRIAL COURT. 12. Subject to the provisions of *" The Apprentices Apprentices and Minors Act of 1929," or any Act in substitution and{oung therefor, the Court shall have jurisdiction in respect wor ers. of minors under twenty-one years of age. 13. Notwithstanding anything to the contrary Juniors and contained in this Act, the following provision shall apply minors. in respect of any junior or minor (being in each case a person under twenty-one years of age) not being sq.bject to the jurisdiction of *" The Apprentices and Minors Act of 1929," namely:- The Court may in any award prescribe the rates of wages to be paid to juniors or minors, which rates may be on a progressive scale based on the rates of wages payable to adult workers in the same calling, and the Court shall in the making of any such award take into consideration the age and/or experience of such juniors or minors. 14. The Court may at any time, by general rule Pow:er to or special order, remit to an industrial magistrate any remIt, &c. proceedings for the recovery or enforcement of penalties incurred under this Act, or of claims by a member of an industrial union or by any employee for arrears of wages due to him under any award or industrial agreement, and such magistrate is hereby authorised 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. 15. 'iVhen the Court makes an award for an Wages vates i S n h dau 11 st ( ruyn I eesmsbrI . ancitn h ge mexocreepttlh . Oanna I ocnI . erccuamllsitnagn, cetshe 0 f Coaunryt wfitnnh ~ eI a nr l e dl us i us ng tc s rhyin particular case the Court thinks otherwise and so cal~ ngs are expressly declares) in such award prescribe at least ~ ~ o: ~ er such wages rates for employees whose calling is award. already governed by another award as are equal to the wages rates fixed by that award. 16. (1.) An appeal shall lie to the Court from any Appeal from duenc d iesiront h eorpofwinedrsingconofferraend ibnyduthsIt . SriaAlcmt. agistrate acting i m n a du g ~ I t s r t i ra al te. * 20 Geo. V. No. 37, supra, page ]2533. ....... - - - - - - - - - - - - - - ~

14290 LABOUR. PART II.- - INDUSTRIAL Industrial Conciliation and ArbitrationAct. COURT. 23 GEO. V. No. 36, Appeals to (2.) Every appeal under this Act shall be by way breehbeayrm ~ a g y . of of re . hearing, and the Court may affirm, reverse, or modify the decision appealed against, and may give 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 industrial magistrate, with or without directions and whether for report to the Court or for determination. Jurisdiction 17. The jurisdiction of the Court in all industrial ~~ ci~: i:e~ urt causes, whether original or by appeal, conferred on it by this Act shall be exclusive. Fo~m, effect, 18. (1.) The award of the Court in any industrial : ~ ~ tinuanr( ) cause shall be framed in such a manner as to best of award. express the decision of the Court and to avoid unnecessary technicality, and shall, subject to any variation ordered by the 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. 19. An award shall be binding on- (a) All parties to the industrial cause who appear or are represented before the Court; and (b) All parties who have been summoned to appear before the Court as parties to the cause, whether they have appeared in answer to the summons or not, unless the Court is of opinion that they were improperly summoned before it as parties; and (c) All industrial unions connected with the calling or callings to which the award applies; and (d) All members of industrial 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

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14291 PART II.- INDUSTRIAL COURT. (j) 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. 20. (1.) Subject to this Act, the Court may Court rescind or vary any industrial agreement or decision, may rescind recommendatI·On, dl' rectI'On, appO.lnt mcnt, reference, or oofr ivtsarayctasn. y other act made or done by it, and may reopen any reference or proceeding. 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 Conncil in pursuance of such recommendation or to vary it to accord with the rescission or variation of the Court. (3.) Failure to give notice to any person of all or any of the proceedings leading up to any award binding upon him shall not invalidate or be deemed to have invalidated any award, but such person, if he considers himself prejudiced by such award, may apply to the Court to vary the same, and the Court may vary the same accordingly in such manner and to such extent as it thinks proper, and may give retrospective operation to any such variance of such award. 21. (1.) Any member of the Court may, if heCasefor thinks fit, and shall on the application of any party fP~ on C;; bound by any decision, award, or order, or interested u enc. in any proceeding before him, at any stage and upon such terms as he thinks proper, state a case in writing for the opinion of the full bench, consisting of such members of the Court as the President shall request, upon any question arising in such proceeding or upon any matter pending before such member. Such fun bench shall hear and determine the question or matter, and remit the case with its decision thereon to such member, and may make such order as to costs as it thinks fit. Such member shall give effect to such

14292 PART II.- INDUSTRIAL COURT. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, 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. Decision of Court to be final. (2.) Save as provided by the last preceding section and by subsection one hereof, every decision of the Court 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. I (3.) Proceedings in the Cou~ t shall not be remov- able by certiorari, and no writ of prohibition shall be issued, and no injunction or mandamus shall be granted by any Court other than the Industrial Court in respect of or to restrain proceedings under any award, order, proceedings, or direction relating to any industrial matter or any other matter which, on the face of the proceed- ings, 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 decision of or proceedings before an industrial magistrate shall not be cha]]enged except as provided by this Act. Invnoitftioatrtome ality void (5o. r) Ainn aanwyarwd aoyr ovridtiearteodf tmheereClyoubret casuhsaell onfotanbye award. informality or error of form or non-compliance with this Act. : ~ : ~ ~ ra~ r 22. A member of the Court or ind;:tstrial magistrate magistrate may act as a mediator in any industrIal cause, whether m wto e h ~ ea i nc a et t v i e o r n h· 18 I o . I r I d unsotrtI . ai 1 t misagiwstirtahtien, I . t I h I eallJ·ucraissedsict . I i I o I n " WohfIChtheIt Caopupret aorsr desITable. to him that his mediation is desirable III the public interest. Member may 23. (1.) A member of the Court may, whenever ~ ~ ~ ; ~ ~ ory in his opinion it is desirable for the purpose of preventing conference. or settling an industrial dispute, summon any person to attend, at a time and place specified in the summons~ at a conference presided over by himself. (2.) Any person may be so summoned, notwithstanding that he is not connected with the dispute, if such member thinks that such person's presence at the conference is likely to conduce to the prevention or settlement of the dispute.

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14293 PART II.- INDUSTRIAL CoURT. (3.) Any person so summoned shall attend the conference and continue his attendance thereat as directed by such member, and in default shall be guilty of contempt of court, and, by order of such member, 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 such member. (5.) Any person so summoned who attends pursuant to the summons and continues his attendance as directed by such member, shall be entitled to be paid by the Crown such (if any) amount as such member certifies to be a reasonable re~ ompense for his expenses and loss of time. (6.) The Court may, either by general or special When ::r:X:!:ne order, confer on an industrial magistrate all the powers indu~ trial of holding such conferences and such powers of summoning persons to attend at such conferences conference. before such industrial magistrate as are conferred on a member of the Court by this section. 24. (l.) In the course of the hearing. inquiry, orConoiliation. investigation (-iJJ.cluding any compulsory conference summoned by a member of the Court as hereinbefore provided) of any 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 Agreement of its terms shall be made in writing and certified by tfi h~vef such member, and such memorandum shall be filed in the: w: d~ office of the registrar, and, unless otherwise ordered and subject as may be directed by the Court, shall have the same effect as and be deemed to be an award of the Court. 25. (1.) The Governor ill Council may appoint anAppointment industrial registrar and one or more assistant industrial of registrar. registrars, who shall have the prescribed powers and duties. (2.) The Governor in Council may appoint any person DeJi'uty to act as a d~ puty for the registrar while such registrarreglStr8r. 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.

14294 PART II.- INDUSTRIAL COURT. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, mInadguissttrriaatles. time 2 a 6 pp . oTinhteinGduovsterrinaol rmaingisCtroautnecs,ilwmhoayshafrllotmhrotiumghe otuot the State have the jurisdiction and powers conferred 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 sessions. The industrial magIstrate for all purposes of this Act and any other Act (including the repealed Acts), in respect of which the industrial magistrate has jurisdiction, is and always has been a Court of Record. Powers and 27. The provISIOns set forth in the Schedule to f~ ~ C~ ~: : . of this Act shall be applicable in all matters with respect Schedule. to which the Court has jurisdiction, whether original or by way of appeal, and shaH be observed. 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 Parliament within fourteen days after such publication if Parliament is in session; and, if not, then within fourteen days after the commencement of the next session. If Parliament passes a resolution disallowing any such provision, of which resolution notice has been given at any time within fourteen sitting days of Parliament 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 III the meantime. PART III.- INDUSTRIAL UNIONS. PART III.-INDUSTRIAL UNIONS. Registration 28. (1.) The registrar may, on application made f!dustrial as prescribed, register as an industrial union under this union. Act any industrial association or trade union of employees. On such registration the industrial association or trade union shall be an industrial union until such registration 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 presnri.bed"

LABOUR. 14295 - - - - - - - - - - - - - - - - - - - - - - - PARTIII.- 1932. Industrial Conciliation and ArbitrationAct. INDUSTRIAL UNIONS. (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 association or union and their administration provide reasonable 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 appJicants will not unjustly affect any other industrial union; (e) That the application is bona fide in the interests of employees, and not in the interests of an employer or employers. (4.) Within the prescribed time and ID 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 aa prescribed. (6. ) No branch of a trade union shall be registered unless it is a bona fide branch of sufficient importance to be registered separately. (7.) No alteration of any rule of an industrial union shall be valid until registered. It shall be the duty of the registrar, before registering any alteration, to satisfy himself that the alteration is not in conflict with this Act or with any order or award. (8.) Any decision of the registrar under this section with respect to an objection taken as aforesaid, or on registration or refusal of registration, shall be subject to appeal to the Court as prescribed.

14296 PART 111.- INDUSTRIAL UNIONS. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, (9.) Any industrial association consisting of employees employed by the Government shall be qualified for registration as an industrial union under this Act, provided it would be so qualified if its members were not employed by the Government. Particulars 29. Every application for registration as an : ~ ~~hed on industrial union of employees shall be accompanied by- faoprplication registratioIli (a) A list of its members , ' (b) A list of the officers of the union, namely-the 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 by a majority of the members present at a general meeting of the union} or by other competent authority in the union l, in favour of registration of the union under this Act;, (e) A list of callings comprised in the membership or objects of the union; (j) The localities or districts in which the members of the union exercise their callings. Ruofneiigonindstuorsafttriioanl presc 3 ri 0 b . edT, hreegrisetgeirstarsaranmianyd, usotnriaalpupnliicoantioofn emmpadloeyearss employers. under this Act any person or association of persons or any incorporated company or association of incorporated companies who or which has in the aggregate throughout the six months next preceding the date of the application for registration employed on an average, taken per month, not less than fifty employees. Notice of such application shall be published as prescribed. Particulars 31. Every application for registration as an : ~ ed on industrial union of employers shall be accompanied by- b~ plication (a) The name of the employer or the names of the employers. employers constituting the association, and the place or places in which such employer carries on or such employers carry on business;

1932. LABOUR. Indtlstrial Conciliation and ArbitrationAct. 14297 PART nI.- INDUSTRIAL UNIONS. (b) A list of the officers of the association, namely- the 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 association; (d) If the association consists of more than one person or company, a copy of a resolution passed in accordance with the rules by a majority of the employers constituting the association, or by other competent authority in the association, in favour of registration of the association under this Act; (e) A list of the callings in which employees are employed by the person or persons, company or companies, constituting the association; (j) The manner of control of the property of the association as such, and the investment of the funds of the association as distinguished from the property and funds respectively of the constituent member or members of the association. 32. No two associations or unions shall be registered No registra. as i . ll dustn' aIun'IOns under the same name. stiaomneunnadmere. 33. (1.) Where two or more industrial associations Registration or trade unions exist in any calling, any two or more of of ~ evefal them may apply for joint registration as an industrial ~ ~osr:n~r union. calling. (2.) 'Vhere 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 registrations of the unions concerned. And the registrar may deal similarly with any subsequent application for registration by any other industrial association or trade union in the same caning: 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. p

14298 PART HI.- INDUSTRIAL UNIONS. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, 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, such unions may appear jointly or separately. Amalgama- 34. (1.) Any two or more industrial UnIons tion of uniOIIB. consisting of employees engaged in the same calling or in related callings may apply to the registrar fOl' registration as one union. Any two or more industrial unions consisting of employers engaged in the same calling or industry or in related callings or industries may apply to the registrar for registration 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 applications shaH 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 obligations whatever vested in or imposed on the industrial unions affected shall become vested in or imposed on the new union. Certificate of 35. The registrar shall issue to each industrial registration. union registered under this Act a certificate of registration in the prescribed form, which certificates 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 36. Each industrial union shall, as prescribed, registrar. forward to the registrar such returns of its members, officers, accounts, amI alteration of its rules as are prescribed, and for any failure so to do shall be liable . to a penalty not exceeding two pounds per week for each week of default. Documents 37. The list of members and officers and the rules oinpsepnectotion. poferasnoninaduuthstorriiasleudnbioynasnhyalilnbdeusotprieanl utoniionnspienctthioant bbyehaanJfy.

1932. LABOUR. 14299 - - - - - - - - - - - . - - - - - - - - - PART IlI.- Industrial Conci"liation and ArbitrationAct. INDUSTRIAL UNIONS. 38. An industrial union may, in the prescribed Change of manner, and on compliance with the prescribed conditions, name. change its name, and the registrar shall thereupon record the change of name in the register and upon the certificate of registration. 39. The registrar may from time to time on the Ch~ e of application of an industrial union amend its registration callmgs. in respect of the callings it represents. 40. (1.) 1£ it appears to the Court, on the Cancellation application <;>f any industrial union or person interested, ~! gistration or of the reglstrar- of union. (a) That for any reasons the registration of an industrial union ought to be cancelled; or (b) That an industrial union has been registered 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 ~ mpose 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 Court; the Court shall order the registration of the union to be cancelled, and thereupon 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 obligation of any award or industrial agreement (whether made under the repealed Act or this Act) or order of the Court, or from any penalty or liability incurred prior to such cancellation. ( 3~ ) The Court 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. 41. (1.) Every industrial union shall, upon and I~ corpora. during registration, become and be, for the purposes of this ~ ~ ~ ~ : Act, a body corporate by its registered name, having perpetual succession and a common seal.

14300 PART III.- INDUSTRIAL UNIONS. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, Registered name. (2.) There shall be inserted in the registered name of every industrial union the words" union of employees" or "union of employers" as the case may require, and also the locality in which .the majority of its members reside or exercise their calling. PART IV.- INDUSTRIAL AGREEMENTS. PART IV.-INDUSTRIAL AGREEMENTS. Industrial agreements 42. (1.) Any industrial union may make an maybe agreement in writing with an industrial association of made. employers or some specified employer or employers for the prevention or settlement of an industrial dispute or relating to any industrial matter. Every such agreement shall be made between an industrial union or industrial association of employees of the one part and an industrial union or industrial association of employers or some specified employer or employers of the other part: Provided that on the application of any person bound by an award, and where it considers it advisable in the public interest so to do, the Court may prohibit any industrial union of employees or any employer or industrial union or association of employers from making or enforcing an industrial agreement inconsistent with the said award. Term and form of agreement. (2.) Every industrial agreement shall be for a term to be specified therein, not exceeding three years from the date of the making thereof, and shall commence as follows: "This Agreement, made in pursuance of *" The Industrial Oonciliation and ArbitrationAct of 1932," 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. Date of (4.) The date of the making of the agreement shall agreement. be the date on which it is first executed by any party thereto; and such date, and the names of all the original parties thereto, shall be truly stated therein. Agreement (5.) Notwithstanding the expiry of the term of an i t n o fcoorncteinfoure industrial agreement, it shall, subject to any award under parties not this Act, continue in force in respect of all parties thereto, retired. except those who retire therefrom. • 23 Geo. V. No. 36 (this Act).

1932. LABOUR. Industrial Oonciliation and ArbitrationAct. 14301 PARTIV.- INDUSTRIAL AGREEMENTS (6.) At any time after, or not more than thirty days M~ ? - e of t before the expiry of an industrial agreement, any party re lremen . 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. 43. (1.) A duplicate original of every industrial Duplicate to agreement shall, within thirty days after the making be filed. thereof, be filed in the office of the registrar. (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. A copy of the Gazette containing the agreement shall be received in all courts and tribunals and before all persons as evidence of such agreement without further proof. The production of such copy shall be prima facie evidence that the origjnal agreement was duly executed in accordance with this Act in manner indicated in the copy, and that a duplicate has been duly filed. 44. Whilst the industrial agreement is in force, any Parties to industrial union or employer may (with the consent of ~ :; e:ent the original parties to the agreement or their respective added. representatives) become party thereto by filing in the registrar's office a notice in the prescribed form, signifying concurrence with such agreement. exten 4 d 5 t . o ( a1n. )d Ebevebr I .y II dii n ~ g du o str n ia - l agreement duly filed shall ~ bi ; n ; d : in ~ g ~ . ~ t (a) The parties who execute the same or concur therein; and (b) Every member for the time being of any industrial 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; (d) Every member for the time being of any association of employers which is a party thereto.

14302 PART IV.-- INDUSTRIAL AGREEMENTS. LABOUR. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, Enforce- ment. (2.) An industrial agreement shall be enforceable in the same manner as if it were an award of the Court. mAvagarriyeebedme, ents renew 4 e 6 d . , A o n r cianndcuestlreidal byagraeneymesnutbsmeqauyentbeindvuasrtireida,l creannecweleledd, . or abgurteesmo etnhtamt andoe bpyaratyndshbaeltlwebeen daellprtihveedpaorftitehsethbeerneetfoi,t thereof by any 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 agreement maybe declared a common rule. 47. The Court may declare that any industrial agreement shall have the effect of an award and be a common rule of any calling or callings to which it relates, and the agreement shall thereupon, subject as hereinafter provided, become binding on all employers and employees, 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 oppositioll thereto. PARTV.- GOVERNMENT EMPLOYEES. Government PART V.-GOVERNMENT EMPLOYEES. 48. If any persons employed by the Government employees. are members of any industrial union composed of employees engaged in 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 Department, or the Commissioner of Police in the case of members of the Police Force, or the Insurance Commissioner in the case of the State Government Insurance Office, or the Commissioner of Main Roads in the case of the Main Roads Commission, or the Under Secretary, Department of Labour and Industry, in the

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14303 PARTV.- GOVERNMENT EMPLOYEES. case of State Enterprises, to which *" The State Enterprises Repeal and" The Under Secretary, Department of Labour and Industry" Corporation Act of 1931," applies, 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. 49. In reference to any such industrial union as is Unions of mprOeVntI . SioI . OnneSd a in ppt 1 yhe: - last preceding section, the following eGmopvleorynemese. nt (1.) The employer may enter into industrial agreements with any such union. (2.) If an industrial dispute arises between the employer and any such union, proceedings with respect thereto may be initiated before the Court in manner provided by this Act. The Court shall have jurisdiction to hear and determine the cause accordingly and to make an award thereon. (3.) In any proceedings before the Court the employer may be represented by any officer whom he appoints on that behalf. (4.) With the consent of all parties any party may be represented by counsel or solicitor. (5.) Subject to this Act, any award made hereunder shall be binding on the like persons and b6 enforceable in the same manner as other industrial awards, and a breach thereof shall entail the like penalties, and the provisions of this Act applicable to other industrial awards shall be applicable to aW'lrds made hereunder. (6.) Notwithstanding anything herein contained, the employer shall not be personally liable under any such agreement or award, or be subject to any personal penalty III respect thereof or in connection therewith. (7.) No execution or attachment or process in the Protection nature thereof shall be issued agamst the property or opfroCpreorw t yn. revenues of the Crown or of any department or agency of His Majesty's Government to enforce any award or order made under this Act. * 22 Geo. V. No. 47, supra, page 13907.

14304 LABOUR. PARTVI.- BREACHES OF AWARDS AND OTHER OFFENOES. Industrial Oonciliation and ArbitrationAct. 23 GEO. V. No. 36, PART VI.- BREACHES OF AWARDS AND OTHER OFFENCES. Action for 50. (1.) Where an employer employs any person umnodneerys due to do any work for which the price or rate has been fixed awards. by an award, order, or industrial agreement, whether made under the repealed Act or this Act, or by a permit or license under this Act, he shall pay in full in money to such person and without any deduc- tion, whether on account of the loan or hire of tools or the supply of material or otherwise, except such as may be authorised by such award, order, or agree- ment, the price or rate so fixed. In every such award, order, or agreement the deductions permitted by *"The Wages Act of 1918" shall be deemed to be authorised, although not expressly mentioned or referred to therein. But this. provision shall not be construed to prohibit. a deduction agreed upon between an employer and any of his employees by way of contribution to any hospital or benevolent or provident fund, or any contribution under t" The Unemployed Workers Insnrance Acts, 1922 to 1931," and t" The Income (Unemployment Relief) Tax Acts, 1930 to 1932." For the purposes of this subsection the term " hospital" means a hospital established pursuant to §" The Hospitals Acts, 1847 to 1891" (and a Coimnittee formed in respect thereof), or a hospital constituted under 11" The Hospitals Acts, 1923 to 1932," or a hospital conducted by a friendly society or religious organisation, and no other hospital. (2.) Such person may, and notwithstanding that he was not or is not of age at the time when such money became due or at the date of the application next herein- after mentioned, apply himself, or any industrial union to which he belongs may apply on his behalf, within ninety days (or such extended time as the Court or an industrial magistrate may allow, but not exceeding a period of six months inclusive of such ninety days) after any of such money has become due, to the Court, or, if the Court remits the matter to an industrial magistrate, * 9 Geo. V. No. 19, supra, page 8495. t 13 Geo. V. No. 28 and amending Acts, supra, pages 10073 et seq. t 21 Geo. V. No. 1 and amending Acts, supra, pages 12952 et seq. § 11 Vie. No. 59 and amending Acts, supra, pages 951 et seq. 1114 Geo. V. No. 44, 19 Geo. V. No. 23, 20 Geo. V. No. 24, supra, pages 10537, 12167, and 12477 ; also 23 Geo. V. No. 26 (this volume).

LABOUR. 14305 PARTVI.- 1932. Industrial Conciliation and ArbitrationAct. BREACHES OF AWARDS AND OTHER OFFENCES. such magistrate, for an order directing the employer to pay the full amount of any balance due in respect of such price or rate, and earned by the em'ployee during the period of employment not exceeding the said ninety days (or such extended period inclusive thereof as the Court or such magistrate has allowed). Such order may be so made notwithstanding any smaller payment or any express or implied agreement to the contrary. The Court, or, if the Court remits the matter to an industrial magistrate, such magistrate, may order such payment to be made on any terms it or he thinks just, and may award costs to either party and assess the amount of such costs. In the event of a prosecution of any employer for any contravention of this Act which involves the non- payment to any employee or employees of any nioney earned by him or them, the Court or such magistrate may, in addition to any penalty imposed upon the defendant, order the payment by him of all moneys earned by the employee or employees during the period of employment not exceeding the said ninety days (or such extended period inclusive thereof as the Court or such magistrate may allow), and such order for payment shall be in addition to any penalty imposed, and may be enforced as a decision of the Court. (3.) In every case where an employee has left the employment of an employer without being paid the full amount due to him in respect of such employment, and the employer has been unable during a period of thirty days after the termination of employment to make such payment because the whereabouts of such employee are unknown to him and cannot with reasonable diligence be found, such employer shall forthwith after the expiration of such p~riod pay the full amount as aforesaid to the nearest clerk of petty sessions to the credit of such employee; and the said clerk of petty sessions shall deal with all such sums of money in the same manner in which moneys held by him in trust for litigants are prescribed to be dealt with. The receipt of a clerk of petty sessions to any employer for money so paid by him shall be a good discharge to the employer to the amount mentioned in such receipt.··· ..

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14315 PART VII.- MISCEL- LANEOUS. 74. When it is made to appear to a.member of the Special.mode Court that personal or other service of any summons, : a~ rb~ ce notice, or other document in connection with or for the directed. purposes of any proceeding in or intended to be brought in the Court cannot promptly be effected in manner prescribed, such member may in his discretion make any order for substituted or other service or the substitution for service of notice by letter, telegram, public advertisement, or otherwise which he deems necessary or convenient; and in such case compliance with such order shall be sufficient service. Subject always to any order of the Court, service of any such summons, notice, or other document upon a registered industrial union of employers shall be deemed to be service upon all employers in the same calling or industry or in the same related callings or industries in respect of which such industrial union is registered. 75. (1.) A member of the Court and (upon being Powers of authorised in writing by a member of the Court) any entry to officer of the Court or any other person, without any other ~ o~ ur. warrant than this Act, may at any time during working examina~ ion h ours- of factorIes, &0. (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 commenced, or any matter or thing is taking or has taken place in relation to which any industrial dispute exists or is threatened or impending or will probably arise, or any industrial matter exists, or any award has been made, or any offence against this Act is suspected; (b) Inspect and view any work, material, Inspection machinery, appliances, article, matter, or ~ t; ~ ~~ a:! thing whatsoever being in such place, of persons. premises, ship, or vessel; (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 member of the Court or any officer of the Court or other person in the exercise of any power conferred by this section,

14316 LABOUR. PART VII.- - - - - - - - - - - - - - - - - - - - - - - - - MISOEL- LANEOUS. Industrial Oonciliation and ArbitrationAct. 23 GEO. V. No. 36, or who refuses or unduly delays to a member of the Court, or any officer of the Court 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. Appointment 76. (1.) The Governor in Council may from time : f~ n~ ~ ; t~ ~ ~ to time appoint industrial inspectors who shall have the inspectors. powers and duties prescribed. Each inspector shall 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) He may at any time during business operations or working hours inspect any premises of any employer upon which any such calling is carried on, and any work being done therein. (b) He may at any time during business operations or working hours 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 callmg. (0) He may at any time during business operations or working hours, 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) He 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. (2.) It shall be the duty of industrial inspectors to see that the provisions of awards and orders of the Court are duly observed.

1932. LABOUR. Indtlstrial Oonciliation and Arbitrati01'j, Act. 14311 PART VII.- MrSOEL- LANEOUI!l. 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 manufacture 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. (5.) Any person who obstructs any inspector in the ~ bstructing exerCI.se 0 f hI' S powers under t hI' S Act, or fa' lls when du I y Inspector. required as aforesaid to produce any time-sheets or pay-sheets, shall be liable to a penalty not exceeding ten pounds. 77. Any officer of an industrial union of employees !'ower ?f authOr.lsed'In Wrl' tm' g by the preSI' dent and secret ary 0 f b In y SpuencitoIOnn such union shall have the right to enter any place or officials. premises or any ship or vessel of any kind whatsoever, wherein members of such union' or persons in the same calling as such members are engaged, for the purpose of conversing with or interviewing the employees in such place, premises, ship, or vessel: Provided that such officers shall not wilfully hamper or hinder the employees during their working time, and may interview any employees or converse 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. 78. Notwithstanding any Act to the contrary, no No stamp stamp duty shall be payable on or in respect of any ~ ~~~ ble. certificate, agreement, order, statutory declaration, power of attorney, or instrument executed in pursuance of or to give effect to this Act.

14318 LABOUR. PART VII.- - - - - - - - - - - - - - - - - - - - - - - - - - MISCEL- LANEOUS. Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, Regulatiollil. 79. (1.) The Governor in Council may from time to an time make regulations providing for or any purposes, 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. Such regulations shall be laid before 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. (4.) If Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such Parliament 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 Parliament 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 80. (I.) All Orders in Council made under this ! I , D S Ctoou Or n ~ c e i r l ! . . < Act shall be published in the Gazette. The Governor in Council may, by another Order in 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.

1932. LABOUR. Industrial OonciUation and ArbitrationAct. 14319 PART VII.- MISCEL- LANEOUS. (3.) A copy of the Gazette containing an Order III 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 any court whatever. 81. All moneys required for the purposes of this ~ xpe~ eB to Act shall be paid out of moneys provided by Parliament. o~ ~ ~ ~ e~ ~ t provided by Parliament. 82. (1.) Nothing in ~ his A~ t shall prejudice or affect S~ ving. of the provisions of *" The F~ nanc~ al Emergency Act of 1931 " Fmanclal or t" The Financial Emergency Relief Extension Act of ~ ~ : ~ gency 1932," and the several Acts referred to in such Acts. (2.) Provided that the following amendments are made in t" The Financial Emergency Relief Extension Act of 1932," namely:- (a) Section eleven (inserting section 17 A in Part VI. of *" The Financial Emergency Act of 1931") is amended by the insertion in paragraph (b) of the proviso to sub- section four of such section 17 A, after the words " " The Oompanies Act of 1931," " of the words" or a primary producers' co-operative association registered under" The Primary Producers' Oo-operative Associations Acts, 1923 to 1926" " ; also by inserting in the said paragraph, after the word "company," and before the words "or firm," the words "primary producers' co-operative association.' , (b) Section twelve (amending section eighteen of Part VI. of *" The Financial Emergency Act of 1931 " and adding new subsection ten thereto) is amended by the insertion in provision (ii.) of paragraph (b) of the said subsection ten, after the words"" The Oompanies Act of 1931,"" of the words" or a primary producers' co-operative association registered under "The Primary Producers' Oo-operative Associations Acts, 1923 to 1926" "; also by inserting in the said provision, after the word "company," and before the words " or firm," the words "primary producers' co-operative association." * 22 Geo. V. No. 1, aupra, page 13402. t 23 Geo. V No. 10 (this volume). (See also this Statute, the amend- ments hereby made having been inserted therein).

14320 LABOUR. PART VII.- Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, MISCEL- LANEOUS. (c) Subsection two of section·· twenty-nine is amended by adding to the said subsection the words ".are inserted in lieu thereof." (3.) Notwithstanding anything in this Act to the contrary contained, the amendments made by subsection two of this section to *" The Financial Emergency Relief Extension Act of 1932" shall be deemed to have come into operation and to have effect as from the passing of such lastmentioned Act, and such lastmentioned Act shall be read and consttued accordingly. Reference in 83. Where in any other Act reference is made to other Acts. the Industrial Court or Judge of the Court or Conciliation Commissioner, as the case may be, such reference shall be and be deemed to be a reference to the Industrial Court or President or member as the case may be. AMENDMENTS OF OTHER ACTS. Amendment of t" The Profiteering Prevention Act of 1920." Administra- 84. On the constitution of the Industrial Court tPPirrooenfvieotenfetiroinng pasrovhiesrioeinnsbeofof re t" p T re h s e crib P e r d o , fite t e h r e ing adm P i r n e i v s e t n r t a i t o i n on A o c f t th o e f Act. 1920" shall be an administrative function of a member of such Court (other than the President) who shall be appointed as hereinafter provided to be Commissioner of Prices in conjunction with his office as member of such Court, and the following section is inserted in t"The ProfiteeringPreventionAct of 1920" in lieu of section five therein, namely:- Appoint- mentof Commis- sioner of Prices. "Oommissioner of Prices and OjJicers. [5.] (1.) The Governor in Council may from time to time appoint any member of the Industrial Court (other than the President) appointed under t" The Industrial Oonciliation and ArbitrationAct of 1932" to be also Commissioner of Prices. S'1.lary. (2.) Such member shall be appointed Commissioner of Prices without extra remuneration over and above the emoluments of his office as member of the Industrial Court. * 23 Geo. V. No 10 (this volume). t 10 Geo. V. No. 33, supra, page, 9213. t 23 Geo. V. No. 36 (this Act).

LABOUR. 14321 - - - - - - - - - - - - - - - - - - - - - - - - PARTVII.- ]932. Industrial Conciliation and Arbitratio-n Act. MISCEL- LANEOUS. (3.) Such member shall not be a member of the Disabilities. Executive Council or of Parliament, and shall not act as a director or auditor, or in any other capacity take part in the management of any bank, joint-stock company, or other financial or business institution, or of any trade or business; and in any such case he shall be disqualified from holding the office of Commissioner. (4.) The Governor in Council may also appoint the Deputy secretary to the Commissioner to be the Deputy C.ommis. Commissioner of Prices, and during such term of office BIOner. the Deputy Commissioner shall, during any absence of the Commissioner, have all the powers and authorities and shall perform all the duties of the Commissioner, and for the purposes of this Act shall be deemed in all respects to be the Commissioner. (5.) The Commissioner from time to time, on the Delegation authority of the Minister, may delegate to the Deputy of powers. Commissioner such of his duties, powers, and authorities as may be so authorised, and for the purposes of this Act the Deputy Commissioner shall perform and exercise such duties, powers, and authorities so delegated as if he were the Commissioner, and shall in regard thereto be deemed in all respects to be the Commissioner." Amendments of *" The Criminal Code." 85. (1.) Section five hundred and thirty-four of Amendments *" The Criminal Code," as amended by section one ~ r; ; , : r~ : l hundred and nineteen of t" The Industrial Conciliation Code." and Arbitration Act of 1929," is amended as follows : - In the said section five hundred and thirty-four all words beginning with the word "Attending" and ending with the word " ~ ection" are repealed, and the following words are inserted in lieu thereof, namely :- "It is lawful for one or more person or persons acting in contemplation of or during the continuance of any industrial dispute to attend peaceably and in a reasonable manner at or near a house or place where a person resides or works or carries on business, or happens to be, if he or they so attend merely for the purpose of obtaining or communicating information, and such attending is not deemed a besetting within the meaning of this section. * 63 Vie. No. 9, Seh. I, Bupra, page 344. t 20 Geo. V. No. 28, supra, page 12565. . .

14322 LABOUR. PARTVU.- MrSOEL- Industr'ial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, LANEOUS. Notification or warning of an intention to lock out or strike, or of an intention on the part of any workman or workmen to refuse to enter into or continue in the employment of any employer, is not deemed a threat or intimidation or molestation or obstruction within the meaning of this section." The following definition is added to the said section :-- "For the purposes of this section "industrial dispute" has the same meaning as in *" The Industrial Conciliation and Arbitration Act of 1932." (2.) After section five hundred and forty-three of t" The Criminal Code" the following section is inserted under the following breviate:- " Industrial Disputes. [543A.] Notwithstanding anything contained in section five hundred and thirty-four or the last preceding section, no act done or omission made by any two or more persons in contemplation or furtherance of any industrial dispute, and no agreement or combination by any two or more persons to do any act or make any omission or to procure any act to be done or omission to be made in contemplation or furtherance of any industrial dispute, shall render any of such persons guilty of any offence if such act or omission when done or made by an individual person would not have rendered such person guilty of an offence. For the purposes of this section, the expression "industrial dispute" has the same meaning as in *" The Industrial Conciliation and ArbitrationAct of 1932."" THE SOHEDULE. THE SCHEDULE: POWERS AND PROCEDURE OF THE INDUSTRIAL COURT. Initiati~ n of 1. (1.) Proceedings may be initiated before the Court by reference proeeedmgs. motion, or summons, and by an industrial union, a member or officer thereof, an inspector, an employer, or the Minister. (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. * 23 Geo. V. No. 36 (this Act). t 63 Vie. No. 9, Sch. I, 8upra, page 344.

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14323 THE SOHEDULE. 2. Subject to this Act, the Court may, as regards every industrial Powers of cause- Court. (a) At or before the hearing, take steps to ascertain whether all persons who ought, in its opinion, to be bound by its 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 other. wise, 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; (f) Give any direction in pursuance 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; (h) 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; (j) Sit in any place for the hearing and determination of the cause; adjourn its sittings to any time and place; (k) Refer any technica.l 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 employees or both of them (which returns they shall be compelled to furnish under penalty of contempt of court). 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

14324 THE SOHEDULE. LABOUR. Incltlstrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, 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 conduct an inquiry into such matters itself j (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 industrial mandamus, magistrates may make such orders, by way of injunction, mandamus, &c. 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 and may enforce its own decisions and may enforce industrial agreements, execution. and for these purposes may make and pronounce all such decisions or give 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 direct the issue of any writ or process of the COUlt or impose and Enforcement enforce any penalty authorised or prescribed by this Act in the same of orders manner as a judgment of the Supreme Court is enforced, and the and awards. Registrar of the Supreme Court and the Sheriff and all bailiffs and other officers of the Supreme 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. Further powers of President, &c. 6. In any industrial cause the President or member of the Court or registrar or assistant registrar may make any order which he thinks just as to- (a) Any interlocutory proceedings to be taken before the hearing, 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, admissions, discovery, interrogatories, inspection of documents or of real or personal prol>erty, examination of witnesses, and the place, time, and mode of hearing; and (b) Any matter which, by Rule of Court, a President, member, or registrar or assistant registrar, as the case may be, is empowered to hear or deal with when sitting in chambers. Evidence. 7. With respect to evidence in proceedings before the Court, the following provisions apply :- (a) On the application of any of the parties, and on pa.yment of the prescribed fee, or, by direction of a member of the Court, without any such application or fee, the registrar

1932. LABOUR. Industrial Oonciliation and ArbitrationAct. 14325 THE SOHEDULE. shall issue a summons to any party or parties, or other person or person, 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 possession 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 summons, 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 publio 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 a member of the Court 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 a member of the Court do not relate to any matter in issue may be sealed up; Cd) Every person who is summoned and duly attends as a witness shall be entitled to the prescribed allowance for his attendance and expenses: Provided that, until otherwise prescribed 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; (f) Any party to the proceedings shall be competent and 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 unnecessary;. (h) The Court may take evidence on oath or affirmation or declaration. 8. H any person who has been duly served with a summons to Contempt a.ppear and give evidence before the Court, and to whom payment by wilill.ess.

14326 LABOUR. THE Industrial Conciliation and ArbitrationAct. 23 GEO. V. No. 36, SCHEDULE. or tender has been made of any travelling expenses to which he is entitled, 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 (c) 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 court. 9. The Court, in order to punish contempt of such Court, shall have all the protection, powers, jurisdiction, and authority which are possessed by the Supreme Court in respect of contempt of that Court; and for that purpose the provisions of the Rules of the Supreme Court made under *" The Judicature Act" applicable to contempt of court shall, mutati8 mutand1:8, apply and be observed in the exercise, by the said Court, and of such protection, powers, jurisdiction, and" authority with respect to contempt: Provided always that any motion for an order that any person be committed to prison for his contempt may be made by the registrar or any other officer of the Court. Without limiting the generality of the foregoing provisions, if any person wilfully insults a member of the Court or registrar or any other officer of the Court during his sitting or attendance in or before the Court, or in going to or returning from the Court, or wilfully interrupts the proceedings of the Court, or otherwise misbehaves himself in or before the Court, a member of the Court may order that the offender be taken into custody and detained till the rising of the Court; and a member of the Court 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, and 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 may be or on the application of any party to the proceedings, or of any eCxoeurrcti.sed by industrial union connected with the calling in question, or of any person bound by the award of the Court. Power to 11. The Court may issue an order to any person to take evidence issue orders on its behalf in relation to any industrial cause; and that person teovitdaeknece. shall have all the powers of the Court in relation to the summoning of witnesses, the production of books and documents, and the taking of evidence on oath or affirmation or declaration. Registrar's . 12. A member of the Court may direct the registrar to inquire pdouwtieesrs. and oinftotheaneyxermciasteteorfasthteo jwuhriiscdhichteiorneqoufirtehse iCnfoourrmt aitnionanfoyr mthaettpeurrpnooset being proceedings for a penalty under this Act, and the registrar shall inquire accordingly and report to the Court. * 40 Vic. No. 6 and 64 Vic. No. 6, supra, pages 2401 and 2410.

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 1432i THE SOHEDULII•. 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. 13. (I.) In any proceeding before the Court it may reserve Reserved its decision. decision may be read (2.) Where a decision has been so reserved, the same may be by registrar. given at any continuation or adjournment of the Court, or at any subsequent holding thereof, or a member of the Court 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 been pronounced by a member of the Court. 14. When a member of the Court is unable to attend at the time Adjourn- appointed for the hearing of any industrial cause or for any ments of proceeding, the registrar may adjourn the Court, and also adjourn Court. any business set down for the day to suoh day and time as he deems convenient. 15. When any penalty is imposed in any proceedings in the Recovery of Court, or any sum is by the Court ordered to be paid, and no other penalties and provision is made in this Act for the recovery thereof, a certificate ~t~ :: a~u~ s in the prescribed form, under the hand of the registrar and t~ e Court:' the seal of the Court specifying 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 tenor, be enforceable in all respects as if it were a judgment of such Court. 16. (1.) The registrar or, on appeal from him, the Court, License to may grant to any person over twenty-one years of age, who improvers has given satisfactory proof that such person has not had over 21£ the full experience prescribed for improvers by any award, a years 0 age. license to work as an improver 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 award for an improver of the like experience. (2.) Upon receipt of an application for a license the registrar shall forthwith give written notice thereof to the seoretary of the industrial union of the calling in which the applicant desires to be employed, and shall in such notice appoint a time at which he will hear any objections to the granting of such license. (3.) The industrial union of the calling concerned may at any time after the granting of such license apply to the registrar, or, on appeal from him to the Court, in the manner prescribed for the revooation or cancellation thereof.

14328 THE SOHEDULE. LABOUR. Industrial OonciUation and ArbitrationAct. 23 GEO. V. No. 36, University students. 17. The registrar or., on appeal from him, the Court may, notwithstanding the provisions of any award or industrial agreement now subsisting or hereafter to be made, grant to any student of a university, producing satisfactory evidence that a period of technical training in a calling is required to enable him to complete his student's course at such university, a license to work at such calling for such period and for such wages and subject to such conditions as the registrar or the Court may think fit; thereupon such student shall not be deemed to be an improver within the meaning of this Act or of any award or industria.l agreement now subsisting or hereafter to be made. The registrar shall forthwith notify the secretary of the industrial union of the calling in which such licensee is permitted to be employed of the grant of such license and of the conditions contained therein. Aged or infirm workers. 18. (1.) Any aged or infirm worker who deems himself or herself unable to earn the minimum wage prescribed by any award may apply to the Court, and any industrial inspector may apply to the 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 give written notice of such application to the secretary of the industrial union of the calling in which such applicant desires to be employed, and shall in such notice appoint a time, not being more than seven or less than three days from the date of such notice, at which the said tribunal will hear objections to the grant of a permit. The said tribunal shall, at the time so appointed, and before determining whether such permit should be granted, hear objections from any authorised representative of such industrial union. (4.) Such industrial union may, at any time after the granting of such permit, apply to the said tribunal in the manner prescribed for the revocation or cancellation thereof. (5.) An appeal against any such determination shall not lie from the tribunal to the Court except on the ground that the calling concerned 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. Rules of Court. 19. (1.) 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, 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; regulating proceedings in chambers; (b) As to the publication of its decisions and other acts and the effeot of such publication;

1932. LABOUR. Industrial Conciliation and ArbitrationAct. 14329 THE SOHEDULE. (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; (f) 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 furnishing to the registrar of returns, lists of officers and members, and other statistical information by industrial associations; (k) As to all things which this Act contemplates shall or may be prescribed by Rules of Court; and (l) 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 other acts given, made, or done by the Court or the registrar or other officer of the Court. (2.) If at the time there is only one member of the Court, the power of making such rules shall be exercisable by such member; if there are two members, the said power shall be exercisable by the two members together; and if there are more than two members, the said power shall be exercisable by all the members or a majority of them. (3.) Subject to such rules and this Act, the practice and procedure of the Court shall be as directed by a member of the Court making the particular direction. (4.) All such rules shall be published in the Gazette; and thereupon 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 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. If 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 anything done in the meantime. (5.) For the 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 Parliament as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. * Words" days sitting" verbally transposed. R