Railways Classification Board Act Amendment Act 1935 (WA)

No. 33.] Railways Classification Board. [1935.

RAILWAYS CLASSIFICATION BOARD.

26° GEO. V., No. XXXIII.

No. 33 of 1935.

AN ACT to make provision in the Railways Classi- fication Board Act, 1920, for the enforcement of awards and decisions of the Railways Classi- fication Board.

[Assented to 6th January, 1936.]

lative Council and Legislative Assembly of WesternBE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis-

Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

This Act may be cited as the Railways Classifica- tion Board Act Amendment Act, 1935, and shall be read as one with the Railways Classification Board Act, 1920 (No. 38 of 1920), hereinafter referred to as the principal

Short title. 1.

Act.

Sections are inserted in the principal Act after section twenty-two, as follows:-

New sections. 2.

Effect to be	22A.	Effect shall be given to every award and de-
given to

awards and	cision of the Board, according to the tenor thereof.
decisions of the Board.

(1.) Where, in the opinion of the executive dustrial Union of Workers the Commissioner is not complying with the provisions of any award of the Board, for the time being in force, in relation to any

Enforcement 22B.

of awards and

decisions of	committee of the Railways and Tramway Officers' In-
the Board.

1935.] Railways Classification Board. [No. 33.

matter provided for in such award in respect whereof an appeal does not lie to the Board by an officer or

class of officers under paragraph (d) of subsection (1)

of section fifteen of this Act, or where any officer or class of officers has appealed to the Board under the said paragraph (d) of subsection (1) of section' fteen, and is aggrieved by any alleged failure on the part of the Commissioner to give due effect to the decision of the Board given on the hearing of such appeal, the said union or the said appellant, as the case may be, may in accordance with regulations make application to the Board for the enforcement against the Commis- sioner of the said award or the said decision, and the Board may hear and determine such application.

(2.) Sections seventeen and nineteen of this Act shall apply mutatis mutandis to th.e hearing of an

application under this section.

If on the hearing of an application under this section the Board finds that the Commissioner is not complying with the provisions of the award, or is not giving effect to the decision of th.e Board, the Board shall submit a report of its finding, together with par- ticulars of the manner in which the Commissioner is in default, to the Governor, and on receipt of such re- port the Governor shall cause any breach or derelic- tion by the Commissioner as mentioned in the report to be corrected, and the Commissioner shall forthwith obey and comply with any directions received by him from the Governor under this section.

(3.)

cited as the Railways Classification Board Act, 19 90- ,1:srinacintet 3. The principal Act as amended by this Act may be citation of