The Industrial Arbitration Act 1912 (SA)

ANNO TERTIO

E O R G I I V REGIS.

A.D. 1012.

No. 1110.

An Act to make better provision for dealing with Indus- trial Matters and Disputes, and for purposes con- sequent on such provision, including certai~i

amendments of "The Factories Acts, 1907 to

1g10."

[Assented to, December rgtk, rprz.]

E it Enacted by the Governor of the State of South Australia,

follows: B with the advice and consent of the Parliament thereof, as

PART I. PART I.

PRELIMINARY.

8-1110

1, This Act may be cited as "The Industrial Arbitration A d, Shorttitle.

1912."

2, The provisions of this Act are arranged as follows: -- Arrangement of A C ~.

PART I.-Preliminary: l

PART 11.-The Industrial Court:

DIVISION I. -The	Constitution of the Court:
DIVISION 11.-The	Jurisdiction of the Court:

DIVISION 111.- Procedure and Powers of the Court:

DIVISION IV.- Appeals to the Court:

P ART 111.-Industrial Agreements:

PART N.-Lock-Outs and Strikes:

PART v.-Breaches of Awards and other Offences:

PART vr.-Miscellaneous. 3, In

3 O GEORGII V, No. 1 1 10.

The Industrial Arbitration Act.-1912.

PABT I. -P

Interpretation. 3, In this Act, unless inconsistent with the context or some

other meaning is clearly intended,-

" Agriculture " (without limiting its ordinary meaning) includes horticulture, viticulture, and the use of land for any purpose of husbandry, including the keeping or breeding of live- stock, poultry, or bees, and the growth of trees, plants, fruit, vegetables, and the like:

~ o m m. ,	1904, a. 2.	" Association " means any trade or other union, or branch of any nnion, or any association, society, or body composed of or representative of employers or employ&, or for furthering or protecting the interests of employers or employ&:
"Award " means award of the Court made under this Act: Employ6 " means any employ6 in any industry, and includes any

person whose usual occupation is that of employ6 in any

industry:

Ibid. and 1910, E. 2.	Employer " means any person, firm, company, or corporation employing one or more employ& in any industry, whether on behalf of himself or any other person:
Indus trial agreement " means an industrial agreement made pursuant to this Act:

cf. Cornm., 1910,s. 2. '' Industrial dispute " means any dispute as to any industrial matter, and, without limiting the ordinary meaning of the foregoing definition, includes a threatened or impending or probable dispute an to any industrial matter; and an in- dustrial dispute within the meaning of this Act shall be deemed to have arisen in every case in which the Court in its discretion so decides:

N.z., 82, 1908, B. 2.	Industrial matters " means matters or things affecting or reiating to work done or to be done, or the privileges, rights, or duties of enlployers or enlployks, or of persons who intend or propose to be bmployers or employks in any industry, not involving questions which are or may be the subject of proceedillgs for	an indictable offence; and, without limiting the ordinary	meaning of the foregoing definition, includes all or any
matters relating to-

(a) The wages, allowances, or remuneration of any persons employed or to be employed in any industry, or the piecework, contract, or other prices paid or to be paid therein in respect of that employment, including the wages, allowances, or remuneration to be paid for work done during overtime or on holidays, or for other special work, and also including the question whether piecework shall be allowed in any industry:

( b ) The hours of employment in any industry, including

the lengths of time to be worked to entitle employ& therein to any given wages, allowances, remunera- tion, or prices, and what times shall be regarded as overtime: (C) The

3' GEORGII V, No. I I I o.

The Industrial Arbitration Act.-1912.

I*

(c) The sex, age, qualification, or status of employds, and the mode, terms, and conditions of employment, including the question whether persons of either sex shall be disqualified for employment in an industry:

( d ) The number or proportionate number of apprentices and improvers that may be employed by an employer in any induetry:

( e ) The relationship of master and apprentice:

( f ) The technical education or other training of appren-

tices:

(g) The employment of children or young persons, or of any person or class of persons in any industry:

( h ) The right to dismiss or to refuse to employ or reinstate in employment any particular persons or class of persons in any industry:

( i ) Any claim of members of an association of employer^

to preference of service from unemployed members

of an association of employhs:

( j ) Any claim of members of an association of employ4s that members of such association shall be employed in preference to persons who are not members thereof:

(k) Any established or alleged established custom or usage of any industry, either general or in any particular locality:

(1) The interpretation of an award, or of an industrial agree-

ment, or of a determination or order of a wages board, or of an agreement under section 48 of

The Factories Act Amendment Act, 1910 ": NO. 1020 of 1910.

(m) All matters with which wages boards appointed under the Factories Acts have power to deal under any

Act now or hereafter in force:

(n) All matters prescribed:	comm., 1910, B. 2.
( 0 ) All questions of what is fair and right in relation to

any industrial matter having regard to the interests of the persons immediately concerned and of society as a whole:

Industry " means any business, trade, manufacture, undertaking, occupation, or calling, except agriculture, in which persons aomm., 1910,s. N.z., 1 9 0 4, ~. 2.

2,

are employed for hire or reward, or in which they give their nltered.

services for hire or reward, and includes any occupation

or calling of any employ6 for hire or reward, whatever may

be the business, trade, manufacture, undertaking, occupa-

tion, or calling of the employer, for the time being, of such

employ& and also includes a branch of an industry and a

group of industries, and any process, trade, business, occupa-

tion, or calling, or any group or part thereof, within the

meaning of the Factories Acts: U Justice "

36 GEORGII V, No. I I 10.

The Indz1strial Arbitration Act.-1912.

Paar I. " Justice " means Justice of the Peace for the State:

" Lock-out " (without limiting the meaning of the term) means 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 employbs, with intent--

(a ) 'l'o compel or induce any employks 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 employ&, or any

of them; or

(c) To incite, instigate, aid, or abet, or procure any other

lock-out; or

(d) To assist any other employer to compel or induce any employ& to agree to terms of employment, or comply with any demands made by him:

"Minieter" means the Minister of Industry or other the Minister of the Crown for the time being discharging the duties of the office of Minister of Industry.

.' Prescribed " means prescribed by this Act or by Rules of Court

or Regulations:

" President " means President or Acting President of the Court.

" Registrar " means the Industrial Registrar appointed under

this Act, and includes any Deputy Industrial Registrar so

appointed:

" Regulations " means Regulations made under this Act:

Rules of Court" means Rules made by the President under this

Act:

N.z., 239, 1908,	Strike "(without limiting the meaning of the term) means the act of any number of employ6s, who are or have been in
e. S.

the employment either of the same empioyer or different

employers, in discontinuing that employment, or any work or kind of work connected therewith, whether wholly or partially, or in breaking their contracts of service, or in refusing or failing after any such discontinuance to resume or return to their employment, or any work or kind of work connected therewith, the said discontinuance, breach, refusal, or failure being due to or in pursuance of any combination, agreement, or understanding, whether expressed or implied, made or entered into by the said employ& with intent-

(a) To compel or induce any such employer to agree to terms of employment, or comply with any demands made by the said or any other employ&; or

( b ) To cause loss or inconvenience to any such employer

in the conduct of his business; or (4 To

3' GEORGII V, No. 1 1 1 0.

The Indwtrial Arbitra&m Ad.-1912.

(c) To incite, instigate, aid, abet, or procure any other - PAP* I*

strike; or

(d) To assist employ& in the employment of any other employer to compel or induce that employer to agree to terms of employment, or comply with any demands made by any employ&:

'' The Court " means the Industrial Court constituted by this Act:

The Factories Acts " means " The Factories Act, 1907," and NO. 946 of 1907.

any Acts now or hereafter in force amending that Act or

substituted for that Act or for any such amending Act:

This Act " includes Rules of Court and Regulations made under

this Act:

"The State " means the State of South Australia:

Wages board" or board" means a wages board appointed

or to be appointed under or pursuant to the Factories Acts.

4, The " Conciliation Act, 1894," is hereby repealed.	Repeal of Act
No. 698 of 1894.

5. ( 1 ) " The Factories Acts, 1907 to 1910," are hereby amended Amendmenb Factories Aote. of

in manner set out in the Schedule to this Act.

(2) The said Acts shall in other respects be read and construed

as varied in so far as may be necessary to give effect to the provisions

of this Act.

6, Neither the repeal nor the amendments provided for by sections Saving.

4 and 5 hereof, of the Acts therein mentioned, shall-

(a) Affect the operation prior to t.he passing of this Act of any of

the said Acts, or

( b ) Alter the effect of anything done or suffered, or of the omiesion

of anything, before the passing of this Act, or

( c ) Affect any right, privilege, obligation, or penalty acquired,

accrued, incurred, or imposed, or liable to be imposed under

any of the said Acts, before the passing of this Act, or

(d) Affect any inquiry, any conciliation or arbitration proceeding, or any legal or other proceeding heretofore commenced or hereafter t o be commenced in respect of any of such matters or things;

and any such inquiry or proceeding heretofore commenced may be continued and completed, and shall be of the same effect, as if this Act had not be'en passed:

Provided that any registration of an industrial union under the

Conciliation Act, 1894," shall, upon the passing of this Act, cease

to exist, except so far as may be necessary for the purpose of the

continuance and completion of any such inquiry or proceeding.

No. 698 of 1894.

7, The Court of Industrial Appeals constituted by "The Factories Act, 1907," is hereby abolished, except for the purpose of con-

Court of Industrial

Appeals abolished .

No. 946 of 1907.

tinuing and completing any matter or proceeding instituted or

commenced

6 3' GEORGII V, No. I I 10.

The Industrial Arbitration Act.-1912.

.-- - --p ---v --

PABT I- commenced in the said Court before the passing of this Act and for giving effect to anything done in any such matter or proceeding; and, except for that purpose, all the jurisdiction, functions, powers, and duties of the said Court are hereby conferred and imposed upon, and shall henceforth be exercised and performed by, the Court constituted by this Act in manner provided by this Act.

PART 11.

THE INDUSTRTAL COURT.

Constitutionof Court.	8,	(1) There is hereby constituted a Court to be called the
Corn. 1904, ss. 11

and 12.	Industrial Court, which shall be a court of record and shall have
a seal, which. shall be judicially noticed.
(2) The Governor shall appoint a Judge of the Supreme Court or a peroon who is eligible for appointment as a Judge of the Supreme Court to be President of the Court.
(3) The Governor may, from time to time, appoint the President to be a temporary Judge of the Supreme Court, if and whenever, upon the certificate of the Chief Justice, it appears that judicial assistance in the Supreme Court is required. Whenever acting as such temporary Judge the President shall have all the jurisdiction and powers of a. Judge of the Supreme Court.
(4) In case of the illness or absence of the President the Governor may appoint a Judge of the Supreme Court to act as President during such illness or absence; and whilst acting in that capacity such Judge shall have all the jurisdiction and powers of the President in addition to his jurisdiction and powers as a Judge of the Supreme Court.
(5) The President shall not be removed from office except in the Court is by law liable to be removed frorn office; but the President same manner and upon such grounds as a Judge of the Supreme may resign at any time.

(6) The President or Acting President shall constitute the Court;

and, except where otherwise provided by this Act, all the powers and fimctions of the Court may be exercised by the President or Acting President sitting alone.

L)JVIBION 11. D~VISION 11.-THE JURISDICTION OF THE COURT.

Jurisdiction of Court. 9, The Court shall have jurisdiction to deal with all industrial

Comm., s. 18.

matters and industrial disputes, pursuant to this Act.

Preeident to act when-

ever hia mediation	10. The President shall have power as a mediator to deal with ell industrial matters and industrial disputes in all case8 in which it appears to him that his mediation is desirable in the public interest and the matter or dispute would, if submitted to the Court, be within its jurisdiction. 11. ( 1 ) The
' desirable.

3' GEORGII V, No. I I 10.

The Industrial Arbitration Act.-1912. PART 11.

11, (1) The President may, whenever in his opinion it ie desirable D ~ V I ~ N 11.

for the purpose of dealing with an industrial matter or re venting Comm., 1904,s. 16.

or settling an industrial dispute, summon any person to attend, at a S.A. 39, 49.

time and place specified in the summons, at a conference presided rene oompuiaory may

over by himself. conference. .

Camm., 1910, s. 3.

(2) Any person may be so summoned, notwithstanding that he is not engaged in or connected with the matter or dispute, if the President thinks that such person's presence at the conference is likely to assist in dealing with or settling the matter or to conduce

to the settlement or of the dispute.

(3) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the President, and in default shall be liable to a penalty not exceeding Five Hundred Pounds, to be recovered and enforced in the same way as penalties for offences under Part IV.

(4) The conference may be held partly or wholly in public or in private, at the discretion of the President.

(5) Any person summoned under this section, who attends pur- suant to the summons and continues his attendance as directed by the President, shall, unless he is or was engaged in or connected with the matter or dispute. be entitled t o be paid by the Crown such (if any) amount as the President, having regard to the conduct of such person both before and at the conference, certifies to be a reason- able recompense for his expenses and loss of time.

12. The President may review, annul, rescind, or vary any act Prmidentma~review decision of Regiarar.

or decision of the Registrar in any manner which he thinks fit. Comm., S. 17. S.A.. e. 76.

13, The Court shall have jurisdiction over all industrial matters Dieputeeof whichthe Court to have

and industrial disputes which are submitted to it- original j urisdiation.

(a) By the Minister or the Registrar as being proper, in the Comm., 1904, a- 19,

public interest, to be dealt with by the Court; or	B. 31.
N.S.W. 17, 1912,

( b ) By an employer or employers of not less than twenty employ& in any industry; or

(c) By not less than twenty employ& in any industry; or

(d) By a report to the Court by a wages board or the Minister under section 22 of " The Factories Act Amendment Act, No. 1020 of 1910.

1910 ";

and also over any industrial matter or industrial dispute as to which a conference has been held under section 11, and which, not having been finally and completely dealt with or settled at such conference, the President has referred to the Court: Provided that the Court shall not (except under the said section 22 or by way of appeal under the Factories Acts) have jurisdiction of any industrial matter or industrial dispute concerning any industry for which, at the time, a wagea board has been or is in course of being appointed, and as to which matter or dispute such board has or will have jurisdiction. D~vr SION

3" GEORGII V, No. I I 10.

The Industrial Arbitration Act.-1912.

On hearing of indua- 14, (1) When the Court sits for the purpose of finally adjudi-

trial disputes assesaon

t o assist President. cating upon an industrial dispute, the President may, if he thinks Within such time as the President specifies, such of the parties to. the dispute as, in the opinion of the President, have interests in common with the employers shall nominate one of the assessors; and such of the parties to the dispute as, in the opinion of the President, have interests in com- mon with the employ& shall nominate the other assessor; and the President shall appoint the nominees as the assessors:

Cf. 8. A. Factories fit, be assisted by two assessors appointed in the following manner:-

Act, 1907, S. 127.

Comm., 1904, e. 36. I.

11. No person shall be appointed an assessor unless he is, or within three years previous to his appointment has been, actually and bond fide engaged or employed either as an employer or as an employ6 in the industry or in any one of the industries in respect of which the dispute has arisen: Provided that if in any case by reason of the special cir- cumstances of that case the President is of opinion that it is impracticable or inexpedient that one or both of the assessors should be so qualified he may appoint a person or persons not so qualified:

111. If default is made in nominating either or both of the assessors

within the time so specified, or if the parties consent, the Governor shall appoint one or both assessors, as may be necessary.

N.Z. 2	(2) A person shall not be disqualified for appointment as an assessor on the ground that he is a party to the dispute or is a member of an association which is a party to the dispute.
Ibid., 8. 34.	(3) If during the hearing of the dispute an assessor dies, or be unable, by reason of sickness or any other cause, to act as assessor, resigns his office, or is proved to the satisfaction of the President to
the President shall, on the nomination, within a time specified by
Ibid.	him, of the parties who nominated such assessor appoint another person to be assessor in his place, or in default of nomination within such time, or by consent of the said parties, the Governor shall appoint a person to be assessor.
S.A. Factories Act,
8. 127.	(4) The powers and functions of the Court shall not be affected by any vacancy in the office of an assessor; and during such vacancy the Court may, so far as the President thinks fit, exercise all its powers and functions in the same manner as if such office were filled.
( 5 ) Each assessor shall be paid a fee of One Pound for every day on which he attends the hearing.
(6) The provisions of this section shall not apply when the Prewdent is acting in the exercise of any power, function, jurisdic- tion, or duty by this Act conferred or imposed upon the President solely.

15, (l) In

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The Industrial Arbitration Act.-1912. . - - - P --- --p -- -- -- - PART rr.

15. (1) In the course of the hearing, inquiry, and investigation of D1v18'~'*

an industrial matter or industrial dispute the Court shall make all Conciliation.

such suggestions and do all such things as appear to it to be light Comm.,

s.A., S. 43. 1904, 8 -23,

and poper for dealing with the matter or bringing about the settle- N.Z., 231, lrOS,

ment of the dispute, by amicable agreement. 0. 35.

(2) If an agreement is arrived at, rt memorandum of its terms Agreementto have effect of award.

shall be made in writing and certified by the President, and the	luor,	24
memorandum when so certified shall be filed in the office of the Registrar, and, unless otherwise ordered and subject as map be directed by the Court, shall have the same effect as, and be deemed to be, an award of the Court.

16. Any association represented before the Court on the healing represented Association to be

of an industrial matter or industrial dispute shall be deemed a party deemed party to

to the matter or dispute.

dispute.

Comm., 8. 26.

17. (1) The award of the Court in any industrial matter or indus- Form, operation, and

trial dispute shall be framed i n such a manner as to best express ~: 2 y ~ ~ ~

the decision of' the Court and to avoid unnecessary technicality, and Comm., 1904, S. 28.

shall, subject to any vttriation ordered by the Court, have effect s.A., 0.43.

within thk locality or localities specified in-the award, and continue

in force for a period to be specified in the award, not exceeding

three years from the date thereof.

( 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.

18. The award shall be binding on-	o n whom award ir
to be binding.

f n )	All	~ a r t i e s
to the industrial matter or industrial d is~ute who appear or are represented before the Court;

\ / I 1

( b ) All parties who have been summoned to appear before the Comm., 1904, 8. m.

Court as parties to the matter or dispute, whether they s.A., 8. 53.

have appeared in answer to the summons or nor., unless N& 92 (2)-

the Court is of opinion that they were improperly sum-

moned before it as parties;

( c ) All associations and persons on whom the award is at any

time declared by the Court to be binding as a common

rule; and

i d ) Al l members of associations which are bound by the award.

19, In any industrial matter or industrial dispute over which the PowersofPresidentas

Court has j urisdiction, the President may make any order which he ~ ~ ~ ~ ! O c u t O r y -. -.

thinks just as to- Comm., 1904, 8. 52.

( a ) Any interlocutory proceeding to be taken before the hearing,

the costs thereof, the issues to be submitted to the Court, the persons and s~saociations to be served with notice of

particulars of the claims of the parties, ad- missions, discovery, interrogatories, inspection of documents or of real or per&nal poperty, examination of witnesses, and the place, time, and mode of hearing; and

B-1110 (4 Any

10 3 O GEORGII V, No. 1110.

The Industrial Arbitration Act.1912.

PART 11. (b ) Any matter Ghich, by Rule of Court, the President is em-

~ 1 ~ 1 8 1 0 ~ Power to iesue ordere 111. powered to hear or deal with when sitting in Chambers,

to take evidence.	20, The Court may issue an order to any person to take evidence on its behalf in relation to any industrial matter or indua trial dispute over which it has jurisdiction; and that petson 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.
Ibid., 8. 37.

Powers of Court. 21. The Court shall, as regards every industrial matter and

N.Z.. (a). (6)p

and 239, 1208. e. 36 eve'ry industrial dispute over which it has jurisdiction, have power -

(3).	(a) At or before the hearing to take steps to ascertain whether all persons who ought, in its opinion, to be bound by its award or order have been summoned to attend the pro- ceedings;
Comm., 1904, e. 38.
(6 ) To direct that persons not summoned to attend the proceed- ings shall be so summoned, if the Court is of opinion, whether from the suggestion of parties or otherwise, that such persons should be so summoned;
( c ) 'L'o hear and determine the dispute or matter ir, such manner

in all respects as the Court, in its discretion, thinks best

suited for that purpose;

comm., 1910, 8. 3 8 ~. (d) 'l'o allow the amendment, on such terms as it thinks fit, of the application or any subsequent proceeding;

Comrn., 1910, 8. 38a.	( e ) TO m:~ke	any order or award, and, without being restricted to the specific relirf claimed by the parties to the dispute or matter, to include in any order or award any matter or thing which the Court thinks necessary or expedient for the purpose of preventing or settling the dispute or dealing with the matter:
comm., 1904, e. SS.
Provided that the Court shall not have power to order or direct that, as between members of associations of
employers or employks and other persons offering or
desiring service or employment at the same time, preference shall in any circumstances or manner be given to members of such association or to persons who are not members thereof;

( f ' ) To give any direction in pursuance of the hearing or deter-

mination;

(g) To declare, by award or order, that any practice, regulation, rule, custom, term of agreement, condition of employment, or dealing whatsoever determined by an award in relation to any industrial matter shall be a common rule of any industry:

Provided that the Court, before declaring a common rule, shall pay due regard to the extent to which the industries or the persons affected enter or are likely to enter into competition with one another:

Provided

34 GEORGII V, No. I I 10.

The Industrial Arbitration Act.1912.

Provided also that before any common rule is so

Divrsrox 111.

PART I l -

declared, the President shall by notification published in the - as the Court directs, specifying the industry and the in* dustrial matter in relation to which it is proposed to declare

rt caommon rule, make known that all persons and associa-

tions interested and desirous of being heard may, on or before a day named, appear or be represented before the Court; and the Court shall hear all such persons and associations so appearing or represented;

( h ) To direct with due regard to local circumstances within

what limits of area (if any) and subject to what conditions and exceptions (if any), a common rule so declared shall be binding upon the persons engaged in the industry whether as employers or employ6s, and whether membere

of an as~ociation or not;

( i ) To dismiss any dispute or matter or refrain from further hearing or from determining the dispute or matter if it appears that the dispute or matter is trivial, or that, in the public interest, further proceedings by the Court are not necessary or desirable;

( j ) To order any party to the dispute or matter to pay to any other party such costs and expenses, including expenses of witnesses, as are specified in the order;

( k ) To proceed to hear and determine the dispute or matter in the absence of any party thereto or other person who has been summoned or served with notice to appear therein;

( l ) To sit in any place for the hearing and determination of the

dispute or matter;

(m) To adjourn its sittings to any time and place;

( a ) To refer any technical matters or matters of account to an

expert, and to accept hie report as evidence;

( 0 ) Ih vary its orders and awards and to reopen any question;

(p) 'I'o direct parties to be joined or struck out;

( g ) To correct, amend, or waive any error, defect, or irregularity,

whether in substance or in form;

( r ) To extend any prescribed time;

( S ) To waive compliance with any Rule of Court; and

( t ) Generally to give all such directions and do all such things as it deems necessary or expedient in the premises.

22. The Court shall not have power to order or prescribe Erinr wage be absolutd y eecured.

wages which do not secure to the employ& affected a living wage.

Living wage " means a sum sufficient for the normal and reason-

able needs of the average employ6 living in the locality where the

work under consideration is done or is to be done.

23. The

The Industrial Arbitration Act.-1912.

PART XI. 23, The Court in making any order or award relating to

DIVISION 111. apprenticeship shall make such provisions as the Court thinks

~e,+,ni'Cai tmining of practicable with reference to the training of apprentices in technical

spprenticee. schools or otherwise.

Evidence. 24. With respect to evidence in proceedings before the Court

N.z., 8. 83. the following provisions shall apply:-

(a) On the application of any of the parties, and on payment of the prescribed fee, or, by direction of the President, without any such application or fee, the Registrar shall issue a summons to anv party, or parties, or other person, or persons, 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 dispute or matter:

And Comm., 1904, (c) All books, papers, and other documents ~roduced before the

a. 86.

Court, whether produced voluntarily or pursuant to sum- mons, 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 public without the permission of the Court: Provided that books, papers, and documents relating to any trade secret or the profits or financial position of any witness or party shall not, without his consent, be inspected by any person except the President; and that any parts of the books, papers, and documents which in the opinion of the President do not relate to any matter in issue may be sealed up:

Cf. N.Z., a 83. ( d ) 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:

X.Z. 239, 1908, 8. (s) The Court may accept, admit, and call for such evidence as in

36 (3).

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:

(g) The Court may, if it thinks fit, dispense with evidence on any matter on which all parties have agreed in writing as an industrial agreement, 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.

26. The

3VGEORGII V, No. I I 10. 18

The Industrial Arbitration Act.-1912. -

25, The Court may exercise any of its powers on its own motion or on the application of any party to the industrial matter or industrial PART 11-

DIVISION I l r -

dispute, or of any association or person bound by the award of the hweremay be

Court; but no order or award shall be varied and no submission 4r,"2*,%?$t On

shall be reopened except on the application of au association or

Jg.

person affected or aggrieved by the order or award, or claiming to

be so afl'ected or aggrieved.

DI V ~ S I O N I V .-APPEALS T O THE COURT. DIVISION IY.

26, With respect to-	appeal from wagea
Powem of court on

(a) Any appeal under the Factories Acts to the Court against board under this Act or the Factories Acts.

a determination of a wages board,

(I) Any reference under the Factories Acts by the Minister of

Industry of a determination of a wages board, or

(c) Any application under the Factories Acts to the Court t o

quash a determination of a wages board,

the Court may take fresh evidence and shall have the same powers and discretions, and may make any award, order, or decision which the Court would have, or might make, in case of an industrial matter or industrial dispute submitted to the Court under section 13 of this Act, and all the provisions of thisAct, mutatis mutandis, shall apply to any such appeal, reference, or application, and to any award, order, or decision made therein.

27, Notwithatanding anything in this Act, or in " The Factories Power to extend time

a~*'e9

for further time, allow any such appeal, reference, or application, as No. 946 of 1907.

Act, 1907," as amended by this Act, the Court may, on application

mentioned in section 26 of this Act to be commenced or made

within such (if any) further time as the Court deems proper.

INDUSTRIAL AGREEMENTS.

28. Any association may make an industrial agreement under Parties to induetrial

this Act with any other association, or with any person, as to any agreements.

Comm. 1904, e. 73.

industrial matter, or in relation thereto.

N.z., e. 25 (1).

Cf. S. A. 698, 1B4,

a. 28.

29. (1) Every industrial agreement shall be in writing, and and form of

shall be for a term to be specified therein, not exceeding three years agreement. from the date of the making thereof, and shall be in a form corn- Ibid, 8.29. mencing as follows :--'c This industrial agreement, made in pursu- N.Z., 8-26.

ance of The Industrial Arbitration Act, l91 2,' thia 4

day of , between "; and then the

matter agreed upon shall be set out.

(2) The date of the making of the agreement shall be the date on Date af agreement.

which it is executed by the party who first executes i t; and such date, and the names of all the original parties thereto, shall be truly stated therein. 80. (1) A

35 GEORGII V, NO. I I 10.

The Industrial Arbitration Act.-1912.

--.-------P -

PABT 111. 30. (1) A duplicate of every industrial agreement shall be filed

Dt~plioate to be filed. in the office of the Registrar, and in the office of every association

s.A., S. 30.	party thereto, within thirty days of the making-thereof, and shall be
Comm., 1904, B. 76.	open to inspection as prescribed by Rules of Court.
(2) The Registrar, if required by any person interested in any agreement so filed, shall investigate the matter in such manner as he thinks fit, and, if satisfied that such agreement has been duly made and executed pursuant to this Act by or on behalf of the parties thereto, shall give a certificate to that effect, which certificate shall be conclusive evidence that the fact is as stated therein.

Partiea to agrsement 31. At any time whilst an industrial agreement is in force any

may be added.	association or employer may become party thereto by filing in the
N.z.. S. 27.	office of the Registrar a notice in the form prescribed by Rules of
Cf. S.A., B. 31.	Court, signifying concurrence with such agreement, and thereafter such association or employer shall be deemed to be a party thereto; and in the case of an association so becoming a party to an industrial agreement a copy of such agreement shall be filed in the office of such association within thirty days of its becoming a party thereto.
agreement.

Effect of induetrid 32. Every industrial agreement shall during its continuance

I bid. be binding on-

Comm., 1904, B. 77.	(a) All parties thereto; and
( b ) All members at any time during such continuance of any association which is a party thereto.
Enforcement of
agreement.	33. (1) Any association or person bound by an industrial

Ibid., B. 78.	agreement shall, for any breach or non-observance of any term of the agreement, be liable to a penalty not exceeding such amount as is fixed by the industrial agreement, and if no amount is so fixed then to a penalty not exceeding, in the case of' an association, Two Hundred and Fifty Pounds, in the case of an employer
(whether a party to the agreement or a member of such party) One Hundred Pounds, and in the case of an employ6 (whether a party to the agreement or a member of such party) Ten Pounds.
(2) Such penalties may be proceeded for and recovered in the same manner as penalties for the breach or non-observance of an award, and the provisions of subsections (2) to (4), inclusive, of section 49, mutatis mutandzs, shall apply as if the breach or non- observance were in respect of an award.
Rescindingorvaying

agreement. 34. An industrial agreement may be rescinded or varied by

any other industrial agreement made between the parties thereto

Ibid., S. 79. for the t h e being.

ment by Court to 35. On the application in manner prescribed of any party to	Variation of agree-
conform with common an industrial agreement, or of any association or person which or
rule.
Ibid., S. 80. who, in the opinion of the Court, is bound by-

(a ) Any determination of a wages board, (a) Any

3 O GEORGII V, No. 1110.

The Indztstrial ArMrcctiort Ad.-1912,

-.- PART 111.

( b ) Any agreement under section 48 of "The Factories Act No.L010of101(.

Amendment Act, 1910," or

(c) Any common rule declared under that Act,

the Court may order that such industrial agreement be varied so far as is necessary to bring it into conformity with such determina- tion, agreement, or common rule; and such industrial agreement shall thereafter be deemed to be varied accordingly, and shall have

effect as so varied. ,

36. In default of any express agreement to the contrary therein Continuance ot agreement unlese

contained an industrial agreement shall, unless rescinded, and terminated by

subject to anv variation made as provided by this Part, continue in Ibid., ,,. 81.

force d t e r the expiration of the term specified therein until the expiration rd one month after some party thereto has given written notice to the Registrar, and to the other parties thereto, of his desire to determine it.

37. An industrial agreement shall, for the purposes of this Act, Manner in which

be deemed to be made by an association, and a notice shall be ,,, ,,

indnetnal agreements

deemed to be a notice under this Part of an association, if it is executed in the manner and by the officers or other persons prescribed bp Rules of Court; and such Rules may prescribe the manner of execution, and the officers or other persons by whom an industrial agreement may be executed, by reference to rules of the association or otherwise; and may also prescribe in what circumstances a document shall, for the purposes of this Act, be deemed to be rules of an association, and any other matters which may be necessary or

convenient for giving effect to the objects of this Part.

PART IV. PART IV.

LOCK-OUTS AND STRIKES.

38. Any person or association who or which does any act or Penalty for lock-out.

thing in the nature of a lock-out, continues any lock-out, or takes corn,., 1904, 6.

part in any lock-out, shall be liable to a penalty not exceeding Five Hundred Pounds, or, in the case of a person, to imprisonment, with

l

or without hard labor, for a term not exceeding three months.

39, Any person or association who or which does any act or Penalty foratrike.

a corn,,, I sor,

thing in the nature of strike, continues any strike, or takes part with or without hard- labor, for a term not exceeding three months.

in any strike, shall be liable to a penalty not exceeding Five

40. When a lock-out or strike takes place, and a majority of menrnajorityof

the members of any association are at any time parties to the lock- membera take part,

out or strike. the association shall be deemed to have done an act in guilty of look-out .-.

or etrike.

the nature of a lock-out or strike, according to the nature of the N.Z, 239, Lg08,

case. 41. Ally n. s (3).

3' GEOKGII V, No. I I 10.

The Industrial Arbitration Act.1912.

A-iation ordering 41. Any association of employers or employ& which, for the

members to refuse purpose of enforcing compliance with the demands of any employers

to o ~ e r or accept emplo~mentguilt~ or employ6s, ordere its members to refuse to offer or accept employ-

of offence.

ment, or to continue to employ or be employed, shall be deemed to

Comm., 1904, s. 8. do an act in the nature of a lock-out or strike, according to the nature of the case, whether a lock-out or strike actually takes place or not.

R*fu8ing Or

accept employment 42. Any person who, being bound by an award or order of

upon tarme of agree- the Court, a determination, award, or order of a wages board, or

mentor award deemed	an agreement under section 48 of	The Factories ~ c c ~ m e n d r n e n t
a lock-out or etrike.

Act, 1910," as to employment in any industry, without reasonable

Comm., 1904, e. 7.

cause or excuse, refuses or neglects to offer or accept employment, or to continue to employ or be employed, upon the terms of such award, order, determination, or agreement, shall be deemed to do an act in the nature of a lock-out or strike, according to the nature of the case.

Picketing prohibited. 43. Notwithstanding anything contained in the " Conspiracy and

NO. 109 of im. Protection of Property Act, 1878," any person who-

( a ) Attends at or near any workshop, factory, place of business,

or other place where an industrial dispute is taking place, or is threatened or impending, or has taken place, or a t or

near the residence or place of business of any person, and

( b ) Induces or attempts to induce any other person to take part

in such industrial dispute or in a lock-out or strike, or to do or abstain from doing any act, matter, or thing whereby any party to such industrial dispute, or any other person either directly or indirectly interested therein or connected therewith, may or might be injured in his trade, business, or calling,

shall be liable to a penalty not exceeding Twenty Pounds or to im-

lnjunotion torestrain prisonment, with or without hard labor, for a term not exceeding three months.

above offences. 44, (1) When any association or person has been convicted of

any offence constituted by this Part, the Court may, at the time of

N.s-w.

8. 48. l 9 I 2, th i conviction or subsequently, grant a writ uf injunction to restrain such association or person from continuing or repeating such offence or committing any other offence constituted by this Part. Such writ may be granted on notice or ex parte, upon the application of an Inspector of Factoiies or of any member of the Police Force.

(2) It any person enjoined by any such writ, after service thereof, disobeys the same, he shall be guilty of a misdemeanor. and shall be liable to be imprisoned, with or without hard labnr, for a term not exceeding six months.

(8) If any association enjoined by any such writ, after service thereof, disobeys the same, such association shall be liable to a penalty for such disobedience not exceeding Five Hundred Pounds.

45. (1. Where

3' GEORGII V, No. 1 1 1 0.

The Industrial Arbitration Ad.-1912. - --p--. -- -.---a - PART I V.

45. (1 ) Where a penalty ie imposed on any person under Amount of penalty

section 49 or 43, the Court shall order that the amount of such ~ ~ ~ ~ ~ ~ $ e :

penalty shall be a charge on any moneys which are then or which Ibid.,a. 16 (P,.

may thereafter be due to such person from hie then or any past or Cf. N.Z., 239, 1908,

future employer for wages or in respect of work done. 8. 20.

(2) Notwithstanding the provisions of The Wages Attachment "o- 697 IaQ8-

Act, 1898," such order on being made shall operate as a garnishee order, enforceable in the manner prescribed for the attachment of any such moneys Provided that such order shall have effect only in respect of the surplus of the wages or other moneys as aforesaid due or to become due to such person above the sum of Two Pounds per week, in the case of a person who is married or is a widower or widow with a child or children under the age of twenty-one years, or above the sum of One Pound per week in the case of any other person.

(3) Notwithstanding anything in this Act or any other Act or

l a w to the contrary, but subject as provided by subsection (2)

hereof, after being notified of the making of such order, any such employer shall, as to any moneys then so due forthwith, and as to any moneys thereafter so becoming due as they respectively become due, pay such moneys into the Court in or towards satisfac- tion of the charge imposed by the order, until the same is fully satisfied; and such payments shall, to the extent thereof, be a dis- charge of any obligation, whether statutory or otherwise, on the part of the employer to pay such moneys to any person.

(4) No charge upon or assignment of his wages, or of moneys in respect of work done or to be done, whether then due or thereafter to become due, and whenever or however made by such person, shall have any force whatever to defeat or affect such order; and any such order may be made and shall have effect as if no such charge or assignment existed.

46. (1) Where a penalty is imposed on a person under this Aesociation may be made to contribute to

Part, and it appears that he was, at the time of his committing the ofpenalty.

offence, a member of an association, the Court, in addition to Ibid., lB.

making any other order, may order such association, or the trustees

thereof, to pay out of the funds thereof any amount of the penalty

not exceeding Fifty Pounds, if the offence was under section 38,

not exceeding Ten Pounds if the offence was under section 39, and

not exceeding the amount of the penalty imposed if the offence

was under section 43.

( 2 ) The Court shall, before making such order, hear the said association, or the trustees or secretary thereof, and shall not make such order if it is proved to the satisfaction of the Court that the association has, by such means as appear reasonable, bond Jide endeavored to prevent its members from committing offences under

this Pa r t in respect of the lock-out or strike or industrial dispute.

, 18	3' GEORGII V, No. I I 10.
The Industrial Arbitration Act.-1912.

PABT xv. 47. (1) When the Registrar certified to the Court in writing

Offence8 may be	that a lock-out or strike is taking place or is threatened or impend-
summons.	ing, the Court may, after the President has appointed a special day

tried on general

x.z., 8. 111, ( 5 ), (6). for the hearing of evidence respecting the matters so certified, issue

summonses to all persons and associations suspected of having com- mitted any of the offences constituted by this Part, directing them to attend at a time and place therein mentioned; and the Court may, without any information or complaint being laid or made or any other summons being issued, deal with any such persons or associations shown to have been guilty of any such offences as if they had been specifically charged by information with such offences.

(2) Such summonses may be served by registered letter or in any manner in which a summons in summary proceedings before Justices may be served, or in manner prescribed by Rules of Court, or in manner ordered under section 75.

(8) Nothing in this section shall be deemed tr, excludk any other

manner of proceeding in respect of such offences or for the recovery

of penalties.

Proceedings under

this Part to be in the 48, Proceedings in respect of offences under this Part shall be

court.	taken and prosecuted in and be heard and determined by the Court,
N-Z.9 239- 19089	in manner brescribed by Rules of Court.

PART V.

Penalty for breach of BREACHKS 0 1: AWARIIS AND O'L'HER OFFENCES.

49, (1) Any association or persou which or who commits a breach or non-observance of an award, whether by contravening or failing to observe the same or otherwise, shall be liable to a penalty not exceeding, in the case of an association Two Hundred and ~ i f 6

Pounds, in the case of an employer One Hundred Pounds, and in

Injunction against	the case of an employ6 Ten Pounds.
further offences.

N.s.W., 1 7 9 (2) When any association or person is convicted of an offence under subsection (1) hereof, the Magistrate, if of opinion that the

1912, S. bO(3).

breach or non-observance was committed in wilful defiance of the award, may, on motion or without motion, and in addition to any penalty imposed, grant a writ of injunction to restrain such associa- tion or person from committing any further or other breach or non- observsnce of the award.

(3) If such person disobeys the said writ he shall be guilty of a misdemeanor and shall be liable to imprisontnent, with or without hard labor, for any period not exceeding three months.

(4) If such association disobeys the said writ it shall be liable to a penalty for such disobedience not exceeding Two Hundred and

Fifty Pounds.

50. (1) When

3 GEORGII V, No. I I 10. 19

The Industrial 'Arbitration Act.1912.

PART v. .

P

50. (1) When an employe does any work for which the wages pernit, for not ga

or rate of payment has been fixed by an award, the employer of ins wagesflxed y	award.
such person in respect of such work shall, subject to the pro-	Cf S A Factories

visions of section 45, pay such employ6 the full amount of such

i9i7, 113.

wages or rate in money without any deduction, and in default

thereof shall be guilty of committing a breach of such award.

(2) The Magistrate by whom any person is convicted of Recoveryof

such breach may, in addition to imposing a penalty therefor, deficiency.

and without motion in that behalf, order that the defendant shall ~ A ~ i ~ i ~ ~ ~ ~ ~

pay to the employ6 the difference between the amount paid and 1910,s. 47.

that which should have been paid as required by subsection (1) of

this section.

(3) The penalty so imposed shall be deemed to be increased by the amount so ordered to be paid, and s~zch	amount may be recovered
accordingly.

(4) Nothing in this section shall affect any other remedy of the

employb.

51. (1) If an employer dismisses any employ6 from his em- Employer dismiss employ6 not to on

ployment or injures him in his employment, by reason merely of oftaking

the fact that the employ6- benefit under th; Act.

(a) Is an officer or member of an association; c f. comm., 1909, 6. J.

( h ) Is not a member of an association; or

(c) Is entitled to the benefit of an award, an industrial agree- No. 1020 of 1910.

ment, a determination of a wages board, or an agreement under section 48 of The Factories Act Amendment Act,

1910 ":

he shall be liable to a penalty not exceeding Twenty Pounds.	Onus on employer.
(2) In any proceeding for an offence under this section it shall lie upon the employer to show that any employ6, proved to have	been dismissed or injured in his employment whilst an officer or
member of an association, or whilst not such a member, or whilst entitled as aforesaid (according to the nature of the case), was dismissed or injured in his employment, for some reason other than that mentioned in this section.

52. (1) If any employ6 ceases work in the service of an em- Employ6 notto cease work OR account

ployer by reason merely of the fact that the employer-

of employer taking

benefit under the A C ~.

( a ) Is a member or officer of an association; Ibid.

( b ) Is not a member of an association;

(c) Is entitled to the benefit of an award, an industrial agree-

ment, a determination of a wages board, or an agreement

under section 48 of " The Factories Act Amendment Act, NO. 1020 of 1910.

1910"; or

(d) Employs

36 GEORGIf V, No. I r 10.

The Industrial Arbitration Act.-1912.

PART V. ( d ) Emp10y.s or has employed a person who is not or was not a

member of an association:

he shall be liable to a penalty not exceeding Ten Pounds.

Onus on employ& (2) I n any proceeding for an offence under this section i t shall lie upon the employ&, proved to have ceased work in the service of an employer-

(a) Whilst the employer was an officer or member of an asso-

ciation, or whilst he was not such a member, or whilst he

was entitled as aforesaid, or

( b ) Who employs or has employed a person who is or was

not a member of an association

(according to the nature of the case), to show that he ceased to so

work for some reason other than that mentioned in this section.

Contempt by witness, 53, If any person who has been duly served with a summons to

N.Z., S. 83 (f	).	appear and give evidence before the Court or any person or tribunal
cOmm., ' 'Or,	a.	by or under this Act empowered to take evidence, and to whom payment 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 or such person or tribunal as aforesaid to answer, or

(c) Refuses to produce any book, paper, or document which he

is required by the Court or such person or tribunal as

aforesaid to produce,

he shall be liable to a penalty not exceeding Fifty Pounds, or to imprisonment with or without hard labor for any term not exceed- ing three months, unless he shows, to the satisfaction of the Court

or such person or tribunal as aforesaid, that there was good and sufficient cause for such failure or disobedience.

Y A E L VI. PART VI.

MISCELLANEOUS.

Proceedin~s of Court

or board t i be in 54, The proceedings of the Court shall be conducted in public, provided that at any stage of the proceedings the Court, of its own motion or on the application of any of the parties, may direct that the proceedings be conducted in private; and in such case all persons (other than the parties, their representatives, the officers of the Comt, and the witness under examination) shall withdraw.

public U D ~ S	other-
wise directed.

65. The

3' GEOKGII V, No. 1 1 1 0.

The Industrial Arbitration Act.-1912.

55. The Crown may, where, in the opinion of the Minister, PART

the public interests are or would be likely to be affected by the Intervention by

award, order, decision, o r tle termination of the Court, intervene in the N.S.W., 17, 1912, a.

any proceedings before the Court and make such representations as

it thinks necessary in order to safeguard the public interests.

56, An industrial dispute shall not be deemed to have ceased Industri~ldispute not deemed to have

on the ground that, in consequence of such dispute, the relation- ceaPedincertain ship of employer and employ6 has ceased as between the parties circums~nces.

thereto or any of them. New.

tion of parties as it deems proper; but, except as by this section parties at hearing. 57, (l) The Court may give such directions for the represents- Representation of

provided, no party shall be represented by a solicitor ur agei~t.	c f.
A C ~, S. 1907, A. Factories 8. 132.
(2) By the direction of the Court, or with the consent of both parties, either party may, at its or his own cost, be represented by a solicitor or agent.

58. When any penalty is imposed in any proceedings in the Recovery of penalties

Court, or any costs or other sum is by the Court ordered to be paid, ordered by the coun. and other sums

and no other provision is made in this Act or in Rules of Court 56.

for the recovery thereof, a certificate in the prescribed form, under x.z., 239, 1908, as.

the hand of the Registrar and the seal of the Court, specifying the 22 and 23.

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.

59, Every person or association who or which is directly or Counselling or

indirectly concerned in the commission of any offence against this procuring Comm., 1904, 87.

Act, or incites, instigates, or counsels, or aids, abets, or takes part sz.

in, or encourages the commission of any such offence, or the con- N.Z,, 139, lsUR,

tinuance thereof, shall be deemed to have committed that offence, ~ 8. 6 ~ 6.

and shall be punishable accordingly.

60. Any attempt to commit an offence against this Act shall be Atfemp"tOcommit offences.

an offence against this Act punishable as if the offence had been

committed.

61, Any association or person guilty of any contravention of Genera! penalty-

any provision of this Act, whether by commission or omission, shall, except where some penalty or punishment is specifically provided, be liable to a penalty not exceeding, i n the case of an association, One Hundred Pounds, or, in the case of a person, Ten Pounds.

62. (1) Where a penalty is imposed under this Act on an associa- Reoovery of penalty

tion, or an association is under this Act ordered t o pay any sum, .,,iation. imposed on

then, for the recovery of such penalty or sum, process may be Comm., 001,

issued and executed against the property of such association, or any

property

2'2 3' GEORGI I V, No. I I 10.

The Industrial Arbitration Act.-1912.

PART	.	'	V	property in which such association has a beneficial interest, whether vedted ih trustees or howaoever otherwise held, in the same manner as if the association were an incorporated company and the absolute owner of the property or interest.
(2) For the purposes of this section the property of an association shall be deemed to include the property of any aisociation forming or forming part of the first-mentioned association, or in which it has a beneficial interest, whether vested in trustees or howsoever otherwise held.

In default of

aaaocitstion, penalty 63, Where a penalty is imposed under this Act on an associa-

may be recovered	tion, or an association is, under this Act, ordered to pay any sum,
from members.	then if such penalty or sum is not fully paid within one month thereafter all persons wh3 were members of such association at the time when the offence was committed or the order was made, shall be jointly and severally liable to pay such penalty or sum in the same manner as if the conviction or order had been made against them personally; and all proceedings in pursuance of the conviction or order may be taken against them, or any of them, accordingly, save that no person shall be liable under this section for a larger sum than Five Pounds in respect of any one conviction or order.
Proceedings for

offenoea generally. 64. (1) Except where otherwise provided, proceedings in respect

of offences against this Act shall be by information or complaint, which shall be heard and determined in a summary manner by a Special Magistrate.

(2) Unless or except so far as otherwise prescribed, such pro- ceedings shall be regulated by, and penalties imposed therein shall be

recovered and enforced as provided by, the Ordinance No. 6 of l850

and any amendment thereof, or any Act for the time being regula- ting the duties of Justices of the Peace in summary proceedings: Provided that for the purposes of cases stated or to be stated by a

Magistrate on questions of law, all references in Part 111. of the Act No. 298 of 1883-4 to the Supreme Court and the Master	thereof shall be read as references to the Court and the Registrar
respectively.

Appeal from	65. (1) There shall be an appeal from-
Magietrate or
Court.

Juaticea to the	(a ) Any conviction by a Special Magistrate under this Act;
( b ) Any order of a Special Magistrate dismissing any informa-

tion or complaint under this Act; or

(c) Any other order made by a Special Magistrate in pro-

ceedings under this Act.

(2) Such appeal shall be to the Court.

(3) The proceedings on such appeal shall, unless and until other;

wise prescribed by Rules of Court, be regulated, mutatis rnutandis, by the Ordinance No. 6 of l850 and any amendment thereof, or any other Act in force regulating appeals to Local Courts, and for

that

3 O GEORGII V, No. I 1 1 0.

The Idustrial Arbitration Act.1912.

that purpose all reference0 in the said Ordinance or any such Act PART

to a Local Court shall be read as references to the Court:	Pro-
vided that-

r. The Court on upholding a conviction or substituting a new

conviction may, if it thinks that the punishment imposed is not sufficiently severe, increase the term of imprison- ment or the penalty, as the case may be, to such term or amount, not exceeding that perrnit6d by this Act, as the Court deems proper:

I I. The Court may make such order concerning costs as it deems

proper, a i d the amount of	costs ordered may exceed Ten
Pounds.

66. Notwithstanding anything in this Act or in any other law Court to be guided by equity and good

or any practice to the contrary- conscience.

(a) The Court, in the exercise of any jurisdiction, duty, power, Comm., 1 9 ~ 4, s. 25

'.

or function conferred or imposed by or under this Act, shall be governed in its procedure and in its judgments, awards, orders, and decisions by equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms or the practice of other Courts;

( b ) The Court, in the exercise of any such jurisdiction, duty,

power, or function, shall not be bound by any rules or practice as to evidence, but may inform its mind on any matter in such manner as it thinks just:

Provided that this section shall not apply to proceedings in respect of offences against this Act.

67. The Court may rescind or vary any a ward, order, decision, c0,t may rescind or

direction, appointment, reference, or other act made or done by it. of ibacb.

8. 39.

Cf. N.S. W., 3, 1908,

68. ( 1 ) Subject to the provisions of section 67, any award, D_i8ion

order, or decision of the Court, whether acting in its original be final.

or appellate jurisdiction, and whether under this Act or the Cf. N.S.W., 17,

~actories Acts, shall be final, and shall not be removable to 1912, S. 68.

order, decision, or proceeding of any kind whatever of the Court Comm., 1904,,8. 31.

any other Court by certiorari or otherwise; and no award,

shall be challenged, appealed against, reviewed, quashed, or called N.Z., 84,1008, 8. 96

in question in any other Court or tribunal on any account what- S.A., ee:9.

aver other than exceas or want of jurisdiction.

(2) Notwithstanding anything in this section, the President may, if he thinks fit, in any proceeding before him, at any stage and upon such terms as he thinks fit, state a case for the opinion of the Supreme Court upon any question arising in the proceeding which in his opinion is a question of law.

(3) The Supreme Court shall hear and determine the question,

and remit the case with its opinion to the President, and may make

such order as to costs as it thinks fit. 69. When

3" GEORGII V, No. 1 1 1 0.

The Industrial Arbitrutim Act.1912.

PABT V I. 69, When the President is unable to attend at the time appointed

Adjournments of

Court.

fbr the hearing of any industrial dispute or industrial matter or for

N.S.W. 17, 1912,

any proceeding, the Registrar may adjourn the Court, and also

8. 67.

adjourn any business set down for the day to such day and time as

he deems convenient.

may he read by

Reserved decision

70. (1) In any proceeding before the Court it may reserve its at any continuation or adjournment of the Court, or at any subse- quent holding thereof, or the President 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 the President.

Regirtrar.

decision.

Ibid., e. 69.	(2) Where a decision has been so reserved, the same may be given
Coste may he ordered

in all proceedinge	71, The Court may. subject to section 57, in any proceeding whatsoever before it under this .4ct, make such order as to the costs of such proceeding and for the payment thereof as may by it be deemed proper, and may assess the amount of such costs.
under the A C ~.

Penalty for wilfully 7.2. Whosoever wilfully makes on oath, affirmation, or declara-

false statement. tion, in any proceeding of any kind under this Act any false state- ment knowing'the same to be false, shall be guilty of perjury, and may be proceeded against and punished accordingly.

Evidence of award. 73, An office copy of an award, order, decision, direction,

Cornm., 1904, a. 16.

appointment, reference, or other act of the Court, purporting to be

N.z., E. ss.

sealed with the seal of the Court, and certified to be true under the hand of the Registrar, shall be received in all Courts and tribunals and before all persons as evidence of the award, order, decision, direction, appointment, reference, or other act, without proof of

the seal of the Court or of the signature of the Registrar; and it shall not be necessary to prove any condition precedent

entitling the Court to make or do the award, order, decision, direction,

appointment, reference, or other act.

Rulee of court. 74, (1 ) The President may make rules-

Cf. Comm. , 1909,

S. 3.

(a ) Regulating the practice and procedure and forms to be

followed and used in, or in connection with, or for the

N.Z., 127.

purposes of proceedings before the Court, and in, or in connection with, or for the purposes of enforcing judgments, convictions, decisions, awards, orders, and other acts given, made, and done by the Court;

( b ) As to the publication of its awards, orders, decisions, and

other acts, and the effect of such publication;

(C) For recovering penalties imposed, and enforcing orders for attachment, and orders for the payment of any moneys made under this Act; ( d ) Prescribing

3' GEORGII V, No. I I 10.

The Indzcstrial Arbitration Act .1912.

(d) Prescribing the fees and expenses to be paid to witnesses;	PART VI.
( e ) Prescribing what (if any) fees shall be paid in respect of

any proceeding in the Court, and the party by whom

such fees shall be paid;

(, f ) Prescribing what travelling expenses shall be payable to

assessors;

(g) Prescribing the powers and duties of the Registrar, also

of other officers so far as the same relate to matters

within the jurisdiction of the Court;

( h ) As to all things which this Act contemplates shall or which this Act provides may be prescribed by Rules of Court; and

( a ) All such rules 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 judgments, convictions, decisions, awards, orders, and other acts given, made, or done by the Court or the Registrar or other officer of the Court.

( 2 ) Subject to such rules and this Act, the practice and pro-

cedure of the Court shall be as directed by the President making

the particular direction.

(3) All such rules-

(a) Shall be published in the Government Gazette ;

(b) From the date of such publication, or from a later date

fixed by the instrument whereby the same are made, shall (subject as by subsection (4) hereof provided) be of the same effect as if they were contained

in this Act, and shall be judicially taken notice of

without further evidence than the production of a copy of the Government Gazette purporting to contain a copy thereof; and

(c) Shall be laid before both Houses of 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.

(4) If either House of 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 haa been laid before it, such rule shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission of anything, in the meantime.

This subsection shall apply notwithstanding that the said fourteen days, or some of them, do not occur in the same Session or Parli* ment 8s that in which the rule is laid before such House.

' 3 GEORGII V, No. 1 1 1 0.

The IncEustrial Arbitmtion Act .1912.

PART vl. 75, When it is made to appear to the President that personal or

Bpecial mode of

service may be	other service of anv summons. notice, or other document in connec-
directed.	tion with or fbr thk purposes bf any proceeding in or intended to be
Comm. Statutory	brought in the Court cannot promptly be effected in manner pre-
Rulw,

r. 60. 71, lgo5* scribed, the President may in his discretion make any order for sub-

stituted 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 auch order shall be sufficient service.

Powers of entry by	76,	( l ) The President and, upon being authorised in writing by
Court for exam-

ination of factories,	the President, any officer of the Court or any other person, without
etc.	any other warrant than this Act, may at any time during working
N.z., a. 120.	hours-
Comm., 1904, B. 41.

( a ) Enter any place or premises or any ship or vessel of any kind whatsoever, wherein or in respect of which any indastry is carried on or any work 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 or indust6al matter exists or is threatened or impending or will probably arise, or any award has been made, or any offence against this Act is suspected;

lnapection of work	( b ) Inspect	and view any work, material, machinery, appliances,
and interrogation of

peraona.	article, matter, or thing whatsoever, being in such place,
Ibid.	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 the President, or any officer of the Court or other person, in the exercise of any power conferred by or under this section, or who refuses to the President, or any officer of the Court, or other peraon authorised as aforesaid,

entrance during any such time as aforesaid to any such place,

premises, ship, or vessel, or refuses to answer any question put to

him as aforesaid, shall be liable to a penalty not exceeding Fifty

Pounds.

provision for aged, 77, All the provisions of the Factories Acts with regard to	slow, &C., workera. aged, slow, inexperienced, and infirm workers shall, mutatis
Cf. Factories Act

as. los8nd'lor. mutandis, apply in all cases where wages or rates of payment are

fixed by the Court, either in its original or appellate jurisdiction: Provided that in such cases the appeal from a refusal of the Chief Inspector of Factories to grant a licence shall be to the President.

Awards to prevail	78, Every award shall prevail over anj contract of service or
over contracts in cases

of conflict.	apprenticeship in force on the coming into operation of the award,
N.Z., 2ae, 1908,	SO far as there is any inconsistency between the award and the con-
S. 69.	tract; and the contract shall thereafter be construed and have effect as if i t had been modified, so far aa necessary, in order to conform to the award. 79. (1) The

3 O GEORGII V, No. I r 10.

The Industrial Arbitration Act .1912.

79. (1) The Governor shall appoint an Industrial Registrar, and such (if any) Deputy Industrial Registrars, clerks, and other PART ~ 1.

other

officers as he deems necessary for carrying out the purposes of officere.

this Act.

(2) The Registrar and such other officers shall have such powers W..\. Ind. con., &C.,

and duties as are prescribed, and also, in connection with any Act, 1902, S. 67.

industrial dispute or industrial matter over which the Court has jurisdiction or any proceeding in the Court, such powers and duties as are directed by the Court.

80, (1) I t shall be the duty of Inspectors of Factories appointed Inspectomandtheir duties.

under the Factories Acts to see that the provisions of awards and , , . , .

* , , ,

orders of the Court are duly observed.

(2) In the discharge of such duty an inspector may require any emplover or employ6 to produce for examination any wages books

or oveitime books necessary for the purposes of this section; and, in

addition, every such inspector shall have and may exercise all the

powers conferred on Inspectors of Factories by sections 108 and

109 of "The Factories Act, 1907"; and those sections and sections lg07.

1 10 to 1 13 inclusive of the said Act shall, mutatis mutandis, extend

and apply to such inspectors when acting under this Act.

(3) Any inspector who, except for the purposes of this ,4ct, 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.

81. (1) The Governor may ma>ke all such regulations as may be Regulations made by

necessary or convenient for carrying out the provisions and objects the Governor.

of this Act, except as to matters with respect to which the President Comm., 1904, 8. 92.

has power to make Rules of Court.

(2) Any such regulation may fix penalties, not exceeding in any case Ten Pounds, for the breach of

so made. the same or any other regulation

(3 ) All such regulations-

-

(a ) Shall be published in the Government Gazette ;

(6) From the date of such publication, or from a later date fixed by the order making the same, shall (subject as by subsectiou (4) hereof provided) be of the same effect as

if they were contained in this Act; and

( G ) Shall be laid before both Houses of Parliament withiq

fourteen days after such publication, if Parliament is in Session, and if not, then within fourteen days after the commencement of the next Session.

(4) If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such

regulation

28 3" GEORGII V, No. I I 10.

The Idustr ial Arbitration A c t. 1 9 1 2.

PART v1	regulation has been laid before it, such regulation shall thereupon cease to have effect, but without affecting the validity or curing the invalidity of anything done, or of the omission 0-f anything in the meantime.
This subsection hall apply notwithstanding that the said fourteen days, or some of them, do not occur in the same Session or Parlia- ment as that in which the regulation is laid before it.

Expensea to be paid 82. All moneys required for the purposes of this Act shall be

out of moneys pro- vided by Parliament. paid out of moneys provided by Parliament.

In the name and on behalf of His Majesty, I hereby assent to

this Bill.

DAY H. BOSANQUKT, Governor.

SCHEDULE.

GEORGII No.

.The Industrial A~bitratim Act.1912.

SCHEDULX.

A.- " l'he Factories Act. 1907," is amended as follows :- Sec. 5.

Section 3-For the line reading " Division XI11 -Court of Industrial Appeals '

the line Division X1II.-Industrial Court '' is substituted.

Section 6-The following definitione are added, namely :-

" Industrial Court " or U Court " means the Industrial Court constituted by

" The InLustrial Arbitration Act, 1912":

" The Registrar " means the Industrial Registrar appointed under " The

Industrial Arbitration Act, 191 2," and includes any Deputy Industrial

Registrar appointed under that Act.

President" means President or the Acting President of the Industrial	'	L
Court.

Section 79-For " Court of Industrial Appeals" a t the end of the section the

ko rds " Industrial Court" are substituted.

Section 91, subsection (1)-In the third line the words " the Court" are substi-

tuted for the word " Justices."

Section 93-The following words are added at the end of subsection VI. :-

G ' and may, subject to the provisions of 'L The Factories Act Amendment

Act, 1910," include in the form of indenture of apprenticeship such provi- sions a s the Board thinks practicable with reference to the training of apprentices in technical schools."

Section 105, snbsection (2). (b)-For " Court of lndustrial Appeals " the

words Industrial Court " are substituted.

Section 125-

I. For the first two lines the following provision is substituted, namely :-

" ( l ) The Industrial Court, in addition to its jurisdictiori and functions

under L 'l'he Industrial Arbitration Act, 1912,' shall have and

exercise the jurisdiction and functions of"

11. Subsections (2) and (3) are repealed.

Sections 126 and 127 are repealed.

Section 128-For the words " and at any time " a t the end of the section the

words a within six weeks after the publication of the determination in the

Grrzette " are substituted.

Section 129-The words at any time " are struck out, a d the words within

six weeks after the publication of the determination in the Gazette" are

added at the end of the section.

Section 130-After the word " shall " in the second line the following words

are inserted :-" Unless the Court on application in manner prescribed by

Rules of Court under 'The Industrial Arbitration Act, 1912,' so directs,"

Section 136 is repealed.

Section 137-

I. In subsection ( l ) for subdivisions (a) and ( b ) the following words are substituted, namely :-" Shall be final, and shall not Be removable to any other Court by certiorari or otherwise, and, subject to subsections (2) and (3) of section 140a, shall not be challenged, reviewed, quashed, or called in question in any other Court or tribunal on any account whaterer other than excess or want of jurisdiction":

11. I n subsection (2) the words "may either give such leave o r " are

struck out.

After section 140 the following sections are inserted, namely :-

( l ) Any order, decision, or other proceeding of any kind whatever of

the Court shall be final, and shnll not be removable to any other Court by be final.

certiorari or otherwise; and no such order, decision, or other proceeding

Decieion of Court to

1 4 0 ~.

shall

GEORGII No.

The Industrial Arbitration Act.-1912.

shall be challenged, appealed against, reviewed, quashed, or called in question in any other Court or tribunal on any account whatever other than excem or want of jurisdiction.

(2) Notwithstanding anything in this section, the President may, if he thinks fit, in any proceeding before him, at any stage and upon such terms as he thinks fit, state a case for the opinion of the Supreme Court upon any question arising in the proceeding which in his opinion is a question of law.

(3) The Supreme Court shall hear and determine the question, and remit the case with its opinion to the President, and may make such order as to costs as i t thinks fit.

Court to be guided 1 4 0 ~. Notwithstanding anything in this Act or in any other law or any

bp equity and good	practice to the contrary, the Court in the exercise of any jurisdiction or
conscience.	function conferred or imposed by this Act-

(a) Shall be governed in its procedure and in its judgments, orders, and decisions by equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms or the practice of other Courts; and

( b ) Shall not be Sound by any rules or practice as to evidence, but may

inform its mind on any matter in such manner as it thinks just.

Section 145-For the words "two or more Justices of the Peace in a summary

way" the words " tbe Court in the manner and within the time prescribed by Rules of Court made under 'The Industrial Arbitration Act, 1912,"' are substituted.

Section 146 is repealed.

Section 147-

I. For subsection (1) the following is substituted :-" ( l ) Proceedings

under section 145 may be instituted by any person interested":

I I. For Justices" in subsection (2) the word " Court" is substituted:

111. For informant" in subsection (2) the words " person instituting the

proceedings '' are substituted:

Fection 148-

1. In subsection (1) after the word "may" in the second iine the words

within six weeks after the publication thereof in the Gazette"

are inserted:

11. In subsection ( l ) for " Court of Industrial Appeals" the words Indus-

trial Court " are substituted.

Section 152 is repealed.

Sections 158 and 159 are repealed.

Section 164-At the end of the section add: '' Provided that if the offence is

against any of the provisions of Part VIII., the fine or penalty shall be

recovered before a Special Magistrate."

Section 166-The following words are added :--" Provided that for the purposes

of cases stated or to be stated by a Magistrate or Justices on questions of law, all references in Part 111. of the Act No. 298 of 1883-4, to the Supreme Court and the Master thereof shall be read as references to the Industrial Court and the Registrar thereof respectively."

Section 167-For subsections (2), {3), and (4) the following subsections are

eubstituted, namely: -

(2) Such appeal shall be to the Industrial Court.

(3) The proceedings on such appeal shall, unless and until otherwise pre- scribed by Ruleu of Court made under "The Industrial Arbitration Act, 1912," be regulated by the Ordinance No. 6 of 1850 and any amendment thereof, or any other Act in force regulating appeals to Loral Courts, and for that purpose all references in the said Ordinance or any such Act to a Local Court shall be read as references to the Industrial Court: Provided that such Court may make such order concerning costs as i t deems proper, and the amount of costs ordered may exceed Ten Pounds. Section

3' GEORGII V, No. I I 10.

The Industrial Arbitration Act.-1912.

Section 168 is repealed.

B.-" The Factories Act Amendment Act, 1910," is amended as follows :-

Section 22-For L & Court of Industrial Appeal~ l' wherever they occur, the words

Industrial Court " are substituted.

Section 25, subsection (2)-For " Court of Industrial Appeals ' in sub-

division II., the words " Industrial Court " are substituted.

Section 48, subsection (3)-For "Court of Tndustrial Appeals " the words

Industrial Court" are substituted.

C.-In any regulations made under "The Factories Act, 1907," or under "The

Factories Acts, 1907 to 1910," and also, as far as practicable, in any determination8 or other acts or decisions of a wages board or of the Court of Industrial Appeals made, done, or given under that Act or those Acts, any references to the Court of Industrial Appeals shall be read as references to the Industrial Court constituted by this Act, references to the Judge shall be read as references to the I'resident or Acting President of the Industrial Court, and references to the Registrar of the said Court of Industrial Appeals shall be read as references to the Industrial Registrar or a Deputy Industrial Registrar appointed under this Act.

Adelaide : By authority, R. E. E. R o a ~ ~ s, Government Printer, North Terrace.