A c t No. 24, 1908.
| A n A c t to amend | the Industrial D i spute s | Act , |
| 1908; and for other purposes . | [21st | Decem |
| ber, 1908.] |
| Assembly of New South Wales in Pa r l i amen t assembled, and by the | BE it enacted | t he advice and consent of t he Legislat ive Counci l and | Legis la t ive |
| by the K i n g ' s Most | Exce l l en t | Majes ty , by and wi th |
au tho r i t y of t he same, as follows :—
| 1. This Act may be cited as the " I n d u s t r i a l | Disputes Amend |
| m e n t Act , 1908 ," and shall be read wi th the Indus t r i a l | Disputes Act , |
| 1908, here inaf ter called t he Pr incipal Act . |
| 2. I n | a m e n d m e n t s | inser ted | by this Act in | the | Pr inc ipa l | Act, |
the expression " this Ac t " means t he P r inc ipa l Act , as amended by
3. Par t I of t h e Pr inc ipa l Act is amended, as follows :—
| (a) | Section four : After the definition of "award or order of the Court of Arb i t ra t ion " inser t the following definition :— |
| " A w a r d | of a board or of the Indus t r i a l C o u r t " includes a |
var iat ion of such award.
| (b) | Section four :—The definition of | " I n d u s t r y " : I n se r t | before |
t h e words " any a m e n d m e n t " t he word " i n . " Add a t t he end of t he definition t he words " or any section of any such occupat ion ."
| (c) | Sect ion f o u r : — T h e definition of " E m p l o y e r " : Af ter the word " a " occurr ing the second t ime in line twen ty - four , |
| inser t the word " | d i rec tor ." | |
| (d) | Section five : Insert after the words " Schedule One denote t he " t he words " general classes of industr ies in respect of w h i c h . " Omit after the word " b o a r d s " the word " t o , " and |
| insert in l ieu thereof t he word " m a y . " | Omit a t end of | |
| section t he words " t h e board is to be cons t i tu ted | and | t h e | |
employees in such i n d u s t r i e s " ; insert in l ieu thereof t he words " or of any of which boards may be cons t i tu ted unde r
(e) Section seven : Add to section the following subsect ion :—
| " (3) | A n y such indust r ia l ag reement may be rescinded |
or varied in wr i t ing by the part ies , and any such variat ion, if filed with the regis t rar , shall be b ind ing , as pa r t of t he ag reement , and such ag reement as so varied m a y b e enforced
| under t he provisions of th i s | A c t . " |
| (f) | Section th i r teen , subsection one : Omi t " who shal l be elected |
| by the par t ies to t he dispute in t h e m a n n e r | prescr ibed." | |
4. P a r t I I of t he Pr inc ipa l A c t is amended as follows :—
| (a) Section fourteen, subsect ion one : | Omi t t he la t ter | p a r t | of |
t he subsect ion, commenc ing wi th the words " t he said cour t " down to and inclusive of t he word " accordingly " ; insert i n l ieu thereof t he following :—" the said cour t , if satisfied ei ther by oral evidence or affidavit t h a t a board should be const i tu ted, may , in its discretion, r ecommend to the Minis ter t h a t a board be constiUited for such indus t ry or any section thereof or for any group of indust r ies which includes such i n d u s t r y ; and for t h a t purpose m a y include in a group industr ies men t ioned in the second co lumn which are set opposite to different board names in t h e first co lumn of Schedule One. Thereupon the Minis ter shall direct a
| board to be cons t i tu ted | accordingly. |
(b) Section fifteen : Omi t " t e n " ; insert in l ieu thereof " four ."
| (c) | Section sixteen : Omi t t he words after " I ndus t r i a l Cour t " to and inc lud ing the word " indus t r i e s " ; insert " i n its discret ion." |
(d) Section seventeen: Omit all words after the word " Cour t . "
| (e) | Section e ighteen is repealed and the following is subs t i tu t ed :— |
1 8 . The Governor m a y appoin t as cha i rman of a
board a Supreme Cour t or "District Cour t judge , or t he judge of t h e Indus t r i a l Cour t , or some person nomina ted by the Indus t r i a l C o u r t : Provided t h a t if t he par t ies agree upon a cha i rman such person shal l be t he cha i rman to be nomina ted
| by t h e | cour t .
On a cha i rman be ing appointed, t he board shall be |
| deemed to be | const i tu ted. |
| (f) | Section | n i n e t e e n : | Omi t pa r ag raph | (a) |
| (g) | Section twenty-one , subsection one : O m i t " after it has m a d e a n award " |
| (h) Section tAventy-two : | Omi t the words after " b o a r d " where |
first occurr ing to and inc lud ing the words " t h e vacancy has
| election " ; omit t h e words from the las t -ment ioned expression | o c c u r r e d " ; omit " s u c h " in t he expression " a n y such |
to t he end of t he sect ion; inser t in place thereof " t o fill such
vacancy for t h e residue of the period of two years " |
(i) Section twenty-three : repeal subsection one and omit " such " in subsect ion two.
| (j) | Section t w e n t y - f o u r : Add at end of section t he fo l lowing:— " The val idi ty of the cons t i tu t ion of a board shall no t be chal lenged by prohibi t ion, or otherwise . Every board pur |
| por t ing to have been cons t i tu ted | on the recommendat ion of | |
| t h e I n d u s t r i a l Cour t | before | t h e | s ix teenth | day of | December , | |
| one thousand n ine h u n d r e d and eight , shal l be deemed | to | |
| have been and to be validly cons t i tu ted u n d e r this | A c t . " | |
(k)
| (k) | Section twen ty - seven : | Omi t figure " 1 " | w i th in b r a c k e t s ; | inser t |
le t te r " a " in l ieu thereof. Omi t " (2) " and the words com menc ing " rescind or vary " down to and inclusive of " t h e
| I n p a r a g r a p h | (e) | omi t t h e words | " g ran t | or | p rovide ," |
| inser t in l ieu thereof the words " appo in t a t r i b u n a l | other |
t h a n the board itself." A d d to end of same p a r a g r a p h the words " If no such t r i buna l is provided by the board, t he regis trar shall have jur isdict ion to g ran t such p e r m i t s . "
| Add | n e w | p a r a g r a p h s — |
" (g) de te rmine any indus t r ia l m a t t e r ; " " (h) rescind or vary any of its awa rds . "
| (1) Section twen ty -n ine : | Add a t end of section the fol lowing: |
" Every award of a board shall t ake effect on its publ ica t ion
in t h e Gazet te , and not sooner or o therwise ."
(in) Section t h i r t y : Omi t " of a board " insert " order or decision of a board, or of a cha i rman of a board . "
| (n) Section | t h i r t y - t h r e e : | Omi t | t he | words | " i n | a n y | cour t | of |
| compe ten t | j u r i s d i c t i o n " ; insert | in | lieu thereof | t he words | " i n |
| the | I n d u s t r i a l | C o u r t " |
| (o) P a r a g r a p h | (e) of | section | thir ty-f ive of | t he Pr inc ipa l Act is |
repealed.
| (p) | Section | t h i r t y - s e v e n : | Omi t | pa rag raphs | (b), | (e), a n d | (d). |
| (q) | Section | t h i r t y - e i g h t : | Subsect ion | one. | after | " b o a r d " | inser t |
| " of which the cha i rman is no t a j u d g e " ; subsection | three , |
| after " o p e r a t e " inser t " o r as to the conditions | and | exemp |
| t ions | which | the | board | has | determined | and | d i r e c t e d " ; |
| subsection sis:, omit " modify" inser t " v a r y " ; omit | " q u a s h " |
| inser t | " r e s c i n d " : | omit | " a n y | cour t | of | competen t | jur i s |
| diction " | inser t | " t he | I n d u s t r i a l | Cour t . " |
| (r) | Section thirty-nine : Add to section the following " or any award of a board where such board has been dissolved or is |
| no longer in existence. The Indus t r i a l Cour t may' also cancel or vary any | |
recommendat ion made by i t : "Where such recommendat ion
has not ye t been ac ted on, such cancellat ion or var iance shal l be t rea ted as if it had been conta ined in the original recom mendat ion . W h e r e such r ecommenda t ion has been acted on, it shall be in the discretion of the Min is te r or Governor to cancel t h e act ion t aken by h i m or to vary it to accord wi th
| t he varied | recommenda t ion . | |
| The Indus t r i a l | Court , in m a k i n g | a n y order unde r | this |
section, m a y m a k e such order as to costs as it t h inks j u s t . "
| (s) | Section forty, pa r ag raph (b) : Af te r | " b o a r d " inser t " of which |
| the cha i rman | is not a | j u d g e . " |
5. Par t TIT of' the Pr inc ipa l Act is amended as follows :—
| a) | Section forty-seven: After " challenged " insert " before the |
| Indus t r i a l | Cour t . " | |
| b) | Section fifty-one : Omit the last sentence, commencing " Any c o s t s " to end of section. |
c) After section fifty-one insert new section : —
51A. Eve ry order for the paymen t of costs made by the Indus t r i a l Cour t shall have the effect of and be deemed to be a j u d g m e n t for such a m o u n t in t he Dis t r ic t Cour t of t he Met ropol i t an Dis t r ic t holden a t S y d n e y ; or where a distr ict cour t is named in such order, t h e n in the cour t so named, at the suit of the person in whose favour such order is made, agains t the person so ordered to pay costs.
| Such a m o u n t m a y be recovered by process of such cour t as in pursuance of such | j u d g m e n t . |
| ;<1) | Section | f i f ty- two: | After | " I n d u s t r i a l | C o u r t " | insert | " o r |
of a j u d g e pu rpor t ing to act as t he Indus t r i a l C o u r t " ; af ter " proceeding of the court " insert " or of a j udge pu rpo r t i ng
| to ac t as such | cou r t . " |
6. P a r t IV of the Pr inc ipa l A c t is amended as follows : —
| [a) Section, fifty-seven : I n se r t after the words " Cour t of Arb i t r a t ion " t he words " or of the | Indus t r ia l | Cour t . " |
[b) Section fifty-eight : After " Indus t r i a l Cour t " insert " or an
| industr ia l | ag reement . " | After | " s u c h | a w a r d " | insert | " or |
a g r e e m e n t . "
7. The following section is inserted nex t after section e ighteen
| of | t he Pr inc ipa l | A c t : — |
1 8 A . The cha i rman of a board may , whenever it appears to h i m
to be necessary, appoint two or more assessors, r epresen t ing employers and employees respectively, to advise the board on technical m a t t e r s . Such assessors shall not t ake p a r t in the deliberations or in any decision of t he board.
| 8. The following sections are inserted nex t after section hfty-five |
| of | the Pr inc ipa l | A c t : — |
| 5 5A . | W h e r e , by reason of | t he death or absence of the j u d g e of |
t he Indus t r i a l Court a t t he t ime appointed for the hea r ing of any m a t t e r by such court , such cour t cannot be t h e n held, t he regis t rar shall adjourn the cour t to such day as he may deem convenient , a n d shal l
| enter in a m i n u t e book the cause of such | ad journmen t . |
| 55is. In any proceeding before t he Indus t r i a l Cour t such | cour t |
may reserve its decision.
W h e r e a decision has been so reserved it may be given a t any
| con t inua t ion | or ad jou rnmen t | of | such cour t or a t a n y | subsequen t |
ho ld ing thereof, or t he j u d g e of such cour t may d raw u p such decision in wr i t ing , and , hav ing duly signed the same, forward it to t h e r eg i s t r a r : W h e r e u p o n the reg is t ra r shall notify the par t ies of his
in ten t ion
in ten t ion to proceed at some convenien t t ime and place by h im specified to read the same, and he shall read t he same accordingly, and the reupon such decision shall be of the same force and effect as if given by such cour t .
9. The Pr inc ipa l Act is amended by omi t t ing Schedule Two.
10. (1) Schedule < )ne to the Pr incipal Act is amended by add ing
the following:—
| Board. | Industries and Employees in Industries. |
| Ae ra t ed waters | Persons employed in the manufacture of aerated waters , |
cordials, and non-intoxicating dr inks and beverages.
| Bag and Pack mak ing | Employees engaged in mak ing bags, paper bags, and sacks. |
Biscuit and cake making .. . Employees in biscuit and cake factories.
| Boiling-down | The employees in tallow and fat refining establishments. |
Bone-mills and manure works Employees therein.
| Cardboard box mak ing | Employees in cardboard-box factories. |
| Coke workers ' | Persons employed a t coke works. |
| Dredging | Dredge employees, not in the service of the Government . |
| Engine-dr iving and tiring ... | Engine-drivers, firemen, greasers, t r immers , cleaners, a n d |
pumpers employed on land.
| Ha t -mak ing . . . | Employees | in hat | factories. |
| Tee manufacturers | . . . | Persons engaged in the manufacture and dis t r ibut ion of |
ice and chilling chambers.
| L a u n d r y | Persons employed | in | laundries. |
| Milling | Persons employed in or about grain, s tarch, or condiment |
mills.
| Pack ing | Persons employed in packing in factories, and in packing |
starch, pickles, tea, and condiments .
| Pape r mills . . . | Employees in paper mills. |
| Rope-making | Employees in rope factories. |
| Smel t ing | Persons employed in ore-smelting and refining works. |
Soap and candle making .. . Employees in soap and candle works.
| W i n e and spiri t stores | Persons employed in wine and spiri t stores. |
| Addi t iona l boards under the | Any such division, combination, or a r rangement of the employees in the industr ies set opposite to each board name, whe the r according to occupation or locality as to the court may seem expedient . |
above headings.
| (2) The said Schedule is fu r the r amended in the second |
co lumn thereof as follows :—
| (a) | By inser t ing after " u n d e r c l o t h i n g " in the indus t ry represented hj the board of Dressmaking and mil l inery t he words " a n d |
| chi ldren ' s | c lo th ing . " | |
| (b) | By inser t ing after " Pas t rycooks " in the indus t ry represented by the board of Pastrycooks the words " a n d pas t rycooks ' |
ass i s tan ts ."
| (c) | By inserting after " business " in the industry represented by |
| t h e | board of | U n d e r t a k e r s | t he words | " cab | and | omnibus | |
dr ivers and employees in l ivery s tables ."
A c t