Trade Union Act 1881 No 24a (NSW)

No. XII.

trad̂ mojt . amend the law relating to Trades

Unions. [16^/i December, 1881.]

T 3 E it enacted by the Queen’s Most Excellent Majesty by and with I I the advice and consent of the Legislative Council and Legislative

Assembly in Parliament asseml)led and by the authority of the same as follows:—

Short title.

34 & 35 Vic. e. 31 s. 1. 1. This Act may be cited as the “ Trade Union Act 1881.”

Trade union not	2. The purposes of any trade union shall not by reason merely that they are in restraint of trade be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution
criminal.
34 & 35 Vic. e. 31s. 2.
Trade union not	for conspiracy or otherwise.

unlawful for ciril	3. The purposes of any trade union shall not by reason merely
34 & 35 Vic. c. 31 s. 3.

purposes.	that they are in restraint of trade be unlawful so as to render void or
Trade union con­	voidable any agreement or trust.

tracts when not 1. Nothing in this Act shall enable any Court to entertain any (1.) Any agreement between members of a trade union as such concerning the condition on which any members for the time being of such trade union shall or shall not sell their goods transact business employ or be employed

enforceable.

legal proceeding instituted with the object of directly enforcing or

34 & 35 Vic. c. 31 s. 4.

recovering damages for the breach of any of the following agreements

namely—

(2.)

1881.	45° VIC.	No. 12.
Trade Union.

(2.) Any agreement for the payment by any person of any sub- scription or penalty to a trade union	•
(3.) Any agreement for the application of the funds of a trade

union—

{a.) To provide benefits to members or

{h.) To furnish contributions to any employer or workman not

a member of such trade union in consideration of such employer or workman acting in conformity with the rules or resolutions of such trade union or

(c .)

To discharge any fine imposed upon any jicrson by

sentence of a Court of Justice or

(4.) Any agreement made between one trade union and another or (5.) Any bond to secure the performance of any of the above-

mentioned agi’ccments

But nothing in this section shall bo deemed to constitute any of tbe above-mentioned agreements unlawful.

5. The folloAving Acts that is to say— ProTisions of 37 Vio.

(1.) Tbe “ Triendiy Societies Act of 1873” and	No iĝ not 1,oIppiy
(2.) Tbe Companies Act	to trade unions. ^

shall not apply to any trade union and tbe registration of any trade

union under either of tbe said Acts shall be void.

Registered Trade Unions.

6 . Any seven or more members of a trade union may by sub- Registry of trade

scribing their names to the rules of the union and otherwise complying

with the provisions of this Act with respect t o registry register such

trade union under this Act provided that if any one of the purposes of	’
such trade union be unlaAvful such registration shall be void.

7. I t shall be lawful for any trade union registered under this Buildings for trade Act to purchase or take upon lease in the names of the Trustees for purohLed or̂ Lased the time being of such union any land not exceeding seven acres and 34 & 35 y;,,. c. 31 ' to sell exchange mortgage or let the same and no purchaser assignee s- 7.

mortgagee or tenant shall be bound to inquire whether the Trustees have autliority for any sale exchange mortgage or letting and the receipt of the Trustees shall be a discharge for the money arising therefrom and for the purpose of this section every branch of a trade union shall be considered a distinct union.

8 . All real and personal estate whatsoever belonging to any Property of the trade

trade union registered under this Act shall be vested in the Trustees

for the time being of the trade union appointed as provided by this 34 & 35 y;g ̂ 34

Act for the use and benefit of such trade union and the members b

. 8.

thereof and the real or pin’sonal estate of any branch of a trade union shall be vested in the Trustees of such branch or of the Trustees of the trade union if the rules of the trade union so provide and be under the control of such Trustees their respective executors or adminis­ trators according to their respective claims and interests and upon the death or removal of any such Trustees the same sliall vest in the succeeding Trustees for the same estate and interest as the former Trustees had thei’cin and subject to the same trusts without any conveyance or assignment whatsoever and in all actions or suits or indictments or summary proceedings before any Court of summary jurisdiction touching or concerning any such property the same shall be stated to bo the proj)crty of the person or persons for tlic time being holding the said olfice of Trustee in their proper names as Trustees of sucli trade union without any furtlier description.

9. The Trustees of any trade union registered under this Act or Actions &c. by ov

any other officer of such trade union who may be authorised so to do	Trustees,
by the rules thereof are hereby empowered to bring or defend or cause

E to

No. 12.	45« VIC.	1881.
Trade Union.

to be brought or defended any aetion suit prosecution or complaint in any Court of law or equity toucbing or concerning the property-right or claim to property of the trade union and shall and may in all cases concerning the real or personal property of such trade union sue and he sued plead and he impleaded in any Court of law or equity in their proper names without other description than the title of their office and no such action suit prosecution or complaint shall be discontinued or shall abate by the death or removal from office of such persons or any of them hut the same shall and may he proceeded in by their successor or successors as if such death resignation or removal had not taken place and such successors shall pay or receive the like costs as if the action suit prosecution or complaint had been commenced in their names for the benefit of or to he reimbursed from the funds of such trade union and the summons to he issued to such Trustee or other officer may he served by leaving the same at the registered office of the trade union.

Limitation of 10. A Trustee of any trade union registered under this Act shall

responsibility of

Trustees.	not he liable to make good any deficiency Avhich may arise or happen
34 & 35 Vic. c. 31	in the funds of such trade union hut shall he liable only for the moneys
s. 10.	which shall he actually received by him on account of such trade union.

Provision in case of	11. When any person being or having been a Trustee of a trade
absence &c. of

Trustee.	union or of any branch of a trade union and whether appointed before
39 & 40 Vic. c. 22	or after the legal establishment thereof in whose name any property
B. 4.	belonging to such union or branch is standing cither jointly with another or others or solely is absent from the Colony or becomes insolvent or executes any deed for liquidation of his affairs by assign­ ment or arrangement or for composition with his creditors or becomes a lunatic or is dead or has been removed from his office of Trustee or if it be unknown whether such person is living or dead the Eegistrar on application in writing from the Secretary and three members of the union or branch and on proof satisfactory to him may direct the transfer of the property into the names of any other persons as Trustees for the union or branch and such transfer shall be made by the surviving or continuing Trustees and if there be no such Trustee or if such Trustees refuse or be unable to make such transfer then by such person as the Eegistrar shall direct and such person is hereby indemnified for anything done by him in pursuance of this provision against any claim or demand of any person injuriously aifected thereby.
Treasurers &c. to	12. Every Treasurer or other officer of a trade union registered should render such account as hereinafter mentioned or upon being required so to do shall render to the Trustees of the trade union or to the members of such trade union at a meeting of the trade union a just and true account of all moneys received and paid by him since he last rendered the like account and of the balance then remaining in his hands and of all bonds or securities of such trade union which account shall be audited by some fit and proper person or persons to be appointed by the trade union or branch and such Treasurer if thereunto required upon the said account being audited shall forth­ with hand over to the Trustees the balance which on such audit appears to be due from him aud shall also if required hand over to such Trustees all securities and effects books papers and property of tbe said trade union in his hands or custody and if he fail to do so the Trustees of the said trade union may sue such Treasurer in any competent court for the balance appearing to have been due from bim upon the account last rendered by him and for all the moneys since received by him on account of the said trade union and for the securities and effects books papers and property in his hands or custody leaving him to set off in such action the sums if any which
account.
34 & 35 Vic. c. 31	under this Act at such times as by the rules of such trade union he

B. 11.

he

1881.	45̂ ̂ VIC.	No. 12.
Trade Union.

he may have since paid on account of the said trade union and in such action the said Trustees shall be entitled to recover their full costs of suit to he taxed as between attorney and client.

13. If any officer member or other person being or representing punisiimontfor-witii-

himself to be a member of a trade union resristered under this Act or

the nominee executor administrator or assignee of a member thcrcot e. 12.

or any person whatsoever by false rejiresentation or imposition obtain

possession of any moneys securities hooks papers or other effects of

such trade union or having the same in his possession wilfully withhold

or fraudulently misapply the same or wilfully apply any part of the

same to purposes other than those expressed or directed in the rules of

such trade union or any part thereof the Court of summary jurisdiction

for the place in which the registered office of the trade union is situate

or the court of summary jurisdiction for the place where the offence

has been committed upon a comjilaint made by any person on behalf

of such trade union or by the Registrar may by summary order order

such officer member or other person to deliver up all such moneys

securities hooks papers or other effects to the trade union or to repay

the amount of money applied improperly and to pay if the court think

fit a further sum of money not exceeding tAventy pounds together with

costs not exceeding tiventy shillings and in default of such delivery of

effects or repayment of such amount of money or payment of such

penalty and costs as aforesaid the said Court may order the said person

so convicted to he imprisoned with or AAuthout hard labour for any time

not exceeding three months ProAuded that nothing herein contained

shall prevent the said trade union from proceeding by indictment

against the said party provided also that no jicrson shall bo proceeded

against by indictment if a conA'iction shall have been previously

obtained for the same offence under the provisions of this Act.

Registry o f Trade Unions.

14. W ith respect to the registry under this Act of a trade union Regulations for

and of the rules thereof the following proA'isions shall haAn effect— registry.

(1.) An application to register the trade union and printed copies of the rules together Avith a list of the titles and names of the officers shall be sent to the Registrar under this Act.

(2.) The Registrar upon being satisfied that the trade union has

complied A vith the regulations respecting registry in force

under this Act shall register such trade union and such rules.

(3.) No trade union shall be registered under a name identical

AAutli that by Avhich any other existing trade union has been

registered or so nearly resembling such name as to bo likely

to deceive the members or the public.

(4.) Where a trade union applying to bo registered has been in operation for more than a year before the date of such applica­ tion there shall ho delNercd to the Registrar before the registry thereof a general statement of the receipts funds effects and expenditure of such trade union in the same form and shoAviug the same particulars as if it Avere tbe annual general statement required as hereinafter mentioned to be transmitted annually to tlu; Registrar.

(5.) The Registrar upon registering such trade union shall issue a certificate of registry Avhicli certificate unless proved to have been withdraAvn or cancelled shall be conclusRe eAudcncc that the regulations of this Act Avith respect to registry have been complied Avith.

(0.) The GoAnrnor Avitb the advice; of the Executive Council may

from time to time make regulations respecting registry under

this Act and respecting the seal (if any) to he used for the

purpose

36	N o .	1 2 .	45° VIC.	1881.
Trade Union.

purpose of such registry and the forms to he used for such registry and the inspection of documents kept by the E,egistrar under this Act and respecting the fees if any to he paid on registry not exceeding the fees specified in the Second Schedule to this Act and generally for carrying this Act into effect.

Withdrawing or	15. No certificate of registration of a trade union shall he with­
cancelling of

certificate.	drawn or cancelled otherwise than by the Registrar and in the following
39 & 40 Vie. c. 22	cases—

6 . 8 . (1.) At the request of the trade union to he evidenced in such

manner as such Registrar shall from time to time direct

(2.) On proof to his satisfaction that a certificate of registration has been obtained by fraud or mistake or that the registration of the trade union has become void under section six of this Act or that such trade union has wilfully and after notice from the Registrar violated any of the provisions of this Act or has ceased to exist

Not less than two months previous notice in writing specifying briefly the ground of any proj)osed withdrawal or cancelling of certificate (unless where the same is shown to have become void as aforesaid in which case it shall he the duty of the Registrar to cancel the same forthwith) shall he given by the Registrar to a trade union before the certificate of registration of the same can be withdraAvn or cancelledo (except at its request) A trade union whose certificate of registration has been withdraAvn or cancelled shall from the time of such Avith- draAA'al or cancelling absolutely cease to enjoy as such the privileges of a registered trade union but without prejudice to any liability actually incurred by such trade union which may be enforced against the same as if such withdraAval or cancelling had not taken place.

Kulcs of registered

trade unions. 16. W ith respect to the rules of a trade union registered under

34 & 35 Vic. c. 31 this Act the folloAving provisions shall have effect—

8. 14.	(1.) The rules of every such trade union shall contain provisions in respect of the several matters mentioned in the hirst Schedule to this Act.
(2.) A copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding one shilling.
Registered office of

trade unions. 17. Every trade union registered under this Act shall have a

34 & 35 Vic. c. 31

registered office to which all communications and notices may bo

8. 15.

addressed if any trade union under this Act is in operation for seven days AA'ithout liaA'ing such an office such trade union and CAury officer thereof shall incur a penalty not exceeding flA'e pounds for eA'ery day during Avhich it is so in operation Notice of the situation of such registered office and of any change therein shall be given to the Regis­ trar and recorded by him until such notice is given the trade nnion shall not be deemed to have complied Avith the provisions of this Act.

Annual returns to bo 18. A general statement of the receipts funds effects and expen-

prepared as Registrar	cvciy trade union registered under this Act shall be transmitted
may direct.

34 & 35 Vic. c. 31

to the Registrar before the first day of June in every year and shall

B. 16.

shoAV fully the assets and liabilities at tbe date and the receipts and expenditure during the year preceding the date to Avhich it is made out of the trade union and shall shoAV separately the expenditure in respect of the several objects of the trade union and shall be prepared and made out up to such date in such form and shall comprise such particulars as the Registrar may from time to time require and CA'eiy member of and depositor in any sucb trade union sball be entitled to receive on application to tbe treasurer or secretary of that trade union a copy of such general statement Avithoiit making any payment for the same Together Avitli such general statement there shall be sent to the registrar a copy of all alterations of rules and nCAV rules changes

of

1881.	45 ̂ VIC.	No. 12.
Trade Union.

of officers made by the trade union during the year preceding the date up to whieli the general statement is made out and a copy of the rules

of the trade union as they exist at that date Every trade union which •

fails to comply with or acts in contravention of this section and also every officer of the trade union so failing shall each he liable to a penalty not exceeding five pounds for each offence Every person Avho wilfully makes or orders to be made any false entry in or any omission from any such general statement or in or from the return of such copies of rules or alterations of rules shall be liable to a penalty not exceeding fifty pounds for each offence.

1 9 . A person under the age of twenty-one years but above the Membership of

ago of sixteen may be a member of a trade union unless provision be made in the rules thereof to the contrary and may subject to the rules of the trade union enjoy all the rights of a member except as herein provided and execute all instruments and give all acquittances necessary to be executed or given under the rules but shall not be a member of the committee of management trustee or treasurer of the trade union or be allowed to vote at any meeting thereof until he is eighteen years of age.

20. A member of a trade union not being under the age of xomiimiion.

sixteen years may by writing under his hand delivered at or sent to 3o & 4o vie. c. 22

the registered office of the trade union nominate any person not being

an officer or servant of the trade union (unless such officer or servant

is the husband wife father mother child brother sister nephew or

niece of the nominator) to ■whom any moneys payable on the death of

such member not exceeding fifty pounds shall be paid at his decease

and may from time to time revoke or vary such nomination hy a

writing under his hand similarly delivered or sent and on receiving

satisfactory proof of the death of a nominator the trade union shall

pay to the nominee the amount due to the deceased member not

exceeding the sum aforesaid.

21. A trade union may with the approval in writing of the change of mime.

E-egistrar change its name by the consent of not less than two-thirds 39 & 40 Vic. c. 22

of the total number of members No change of name shall alfect any *' '

right or obligation of the trade union or of any member thereof and any pending legal proceedings may be continued by or against the Trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union notwithstanding its new name.

22. Any two or more trade unions may by the consent of not Amalgamation,

less than two-thirds of the members of each or every such trade union 30 & 40 vic. c. 22

become amalgamated together as one trade union with or 'without any *•

dissolution or division of the funds of such trade unions or either or

any of them hut no amalgamation shall jirejudice any right of a

creditor of either or any union paidy thereto.

23. Notice in writing of every change of name or amalgama-Registration of

tion signed in the case of a change of name Iw seven members and

countersigned by the secretary of the trade union changing its name 39 * 40 yic. c. 22

and accompanied by a statutory declaration by such secretary that the s-13.

provisions of this Act in respect of changes of name have been com­

plied with and in the case of an amalgamation signed by seven

members and countersigned by the secretary of each or every union

party thereto and accompanied by a statutory declaration by each or

every such secretary that the provisions of this Act in respect of

amalgamations have been complied with shall be sent to the office of

the Eegistrar and registered there and until such change of name or

amalgamation is so registered the same shall not take effect.

21. The rules of every trade union shall provide for the manner Dissolution,

of dissolving the same and notice of every dissolution of a trade union 39 & 40 vic. c. 22

Under the hand of the secretary and seven members of the same shall	'
be sent within fourteen days thereafter to the Eegistrar and shall be

registered by him. 25.

'No. 12.	45” VIC.	1881.
Trade Union.

Penalty for failure to	25. A trade union which fails to give any notice or send any officer or other person bound hy the rules thereof to give or send the same or if there be no such officer then every member of the com­ mittee of management of the union unless proved to have been ignorant of or to have attempted to prevent the omission to give or send the same is liable to a penalty of not less than one pound and not more than five pounds recoverable at the suit of the Eegistrar or of any person aggrieved and to an additional penalty of the like amount for each week during Avhich the omission continues.
give notice.
39 & 40 Vie. c. 22	document which it is required hy this Act to give or send and every
s. 15.
Registrars.	26. The Eegistrar of Eriendly Societies under the “ Eriendly Societies Act of 1873 ” shall he the Eegistrar under this Act The Eegistrar shall lay before Parliament annual reports with respect to the matters transacted by such Eegistrar in pursuance of this Act.
34 & 35 Vic. c. 31
B. 17.
Circulating false

copies of rules &c. 27. If any person with intent to mislead or defraud gives

a misdemeanor.	to any member of a trade union registered under this Act or to any
34 & 35 Vic. c. 31	person intending or applying to become a member of such trade union
8. 18.	a copy of any rules or of any alterations or amendments of the same other than those respectively which exist for the time being on the pretence that the same are the existing rules of such trade union or that there are no other rules of such trade union or if any person with the intent aforesaid gives a copy of any rules to any person on the pre­ tence that such rules are the rules of a trade union registered under this Act which is not so registered every person so offending shall he deemed guilty of a misdemeanor.

Legal Proceedings.

Summary proceed­

ings for offences 28. All offences and penalties under this Act may he prosecuted

penalties &c.	and recovered in manner directed hy the Summary Jurisdiction Acts
34 & 35 Vic. c. 31	Summary orders under this Act may he made and enforced on complaint
8. 19.	before a Court of Summary Jurisdiction in manner provided hy the
Summary Jurisdiction Acts Provided as follows—

(1.) The “ Court of Summary Jurisdiction ” when hearing and

determining informations or complaints shall he constituted

hy a Police Magistrate.

(2.) The description of any offence under this Act in the words

of such Act shall he sufficient in law.

(3.) Any exception exemption proviso excuse or qualification whether it does or not accompany the description of the offence in this Act may he proved hy the defendant hut need not he specified or negatived in the information and if so specified or negatived no proof in relation to the matters so specified or negatived shall he required on the part of the informant or prosecutor.

Appeal to Quarter

Sessions.	29. If any party feels aggrieved hy any order or conviction made hy a Court of Summary Jurisdiction on determining any complaint or information under this Act the party so aggrieved may
34 & 35 Vic. c. 31

8.  20 .

appeal therefrom subject to the conditions and regulations following—

(1.) The appeal shall he made to the next Court of Quarter Sessions nearest to the place in Avhich the cause of appeal has arisen holden not less than fifteen days and not more than four months after the decision of the Court from AAdiich the appeal is made.

(2.) The appellant shall Avithin seven days after the cause of a])peal has arisen give' notice to tlu; other party and to the Court of Summary Jurisdiction of his intention to appeal and of the ground thereof.

' (3.)

1881.	4 5̂ ̂ VIC.	No. 12.	39
Trade Union.

(3.) The appellant sliall immediately after sueh notice enter into a recognizance before a Justice of the Peace in the sum of ten pounds conditioned personally to try such appeal and to abide the judgment of the Court thereon and to pay such costs as may he aivardcd hy the Court.

(4.) Where the appellant is in custody the Justice may if he think fit on the appellant entering into such recognizance as afore­ said release him from custody.

(5.) The Court of Appeal may adjourn the appeal and upon tlie hearing tliereof may confirm reverse or modify the decision of the Court of Summary Jurisdiction or remit the matter to the Court of Summary Jurisdiction with the opinion of the Court of Appeal thereon or make such other order in the matter as the Court thinks just and if the matter he remittc'd to the Court of Summary Jurisdiction the said last-mentioned Court shall thereupon rehear and decide the information or complaint in accordance with the opinion of the said Court of Appeal The Court of Appeal may also make such order as to the costs to he paid hy either party as the Court thinks just.

30. A person who is a master or father son or brother of a interested persons

not to act as a Court

master in the particular manufacture trade or business in or in of Appeal.

connection with which any offence under this Act is charged to have 34 ̂gg

̂ 34

been committed shall not act as a Court of Summary Jurisdiction or s. 2a.

Appeal for the purposes of this Act.

Definitions.

31.                In this Act the term “ Summary Jurisdiction Acts” means Definitions as to the

as follows— “ Sumoiary ^

The Act of the Session of the eleventh and twelfth years of the reign of Her present Majesty chapter forty-three intituled s. 23. vic

’ ’

“ A n Act to facilitate the performance o f the duties of Justices o f the Deace out o f Sessions loithin JJngland and Wales with respect to summary convictions and orders” adopted hy the Act fourteen Victoria number forty-three and any Acts amending the same.

The term “ Trade U nion” means any combination whether As to Trade Union,

temporary or permanent for regulating the relations between 39 & 40 vic. 0. 22

workmen and cmjfloyers or between woi’kmcn and Avorkmen	s. 16.
or between employers and employers or for imposing restrictive conditions on the conduct of any trade or business whetlier such combination Avould or Avould not if this Act had not been passed have been deemed to liavc been an unlawful combination by reason of some one or more of its purposes

being in restraint of trade ProAuded that this Act shall not Proviso,

alfect—■	34 & 35 ATc. c. 31
(1.) Any agreement hetAveen partners as to their OAvn	8. 23.

business.

(2.) Any agreement hctAreen an employer and those

employed by him as to such employment.

(3.) Any agreement in consideration of the sale of the good­ will of a business or of instruction in any profession trade or handicraft.

SCHEDULES.

40 No. 13. 45° VIC. 1881.

Impo^mding Law Amendmeyit.

SCHEDULES.

r iE S T SCHEDULE.

34 & 35 Vic. c. 31.	Of matters to be provided for by the Eules of Trade Unions registered under this (1.) The n.amo of the Trade Union and place of meeting for the business of the
37 Vic. No. 4 B. 40.	Act—

Trade Union.

(2.) The whole of the objects for which the Trade Union is to be established the ])urposes for which the funds thereof shall bo applicable and the conditions under which any member may become entitled to any benefit assured thereby and the fines and forfeitures to be imposed on any member of such Trade Union.

(3.) The manner of making altering amending and rescinding rules.

(4.) A provision for the appointment and removal of a general committee of manage­

ment of a trustee or trustees treasurer and other officers.

(5.) A ])rovision for the investment of the funds and for an annual or periodical

audit of accounts.

(G.) The inspection of the books and names of members of the Trade Union by

every person having an interest in the funds of the Trade Union.

SECOND SCHEDULE.

M aximum Fees.

£ s. d.

Eor registering Trade Union	1 0 0
For registering alteration in rules	0 10 0
Eor inspection of Documents	0 2 G