Trade Unions Act 1876 (SA)

ANNO 'I'RICRSIMO NON0 ET QUADRAGESIMO

No. 41.

An Act to pprovide,for the Formation and Registration of Dade

Unions.

[Assented to, 27th October, 1876.1

THEREAS it is expedient to provide for the formation and Preamble.

4 Be it therefore Enacted by the Governor of the Province of South registration of certain societies, known as Trade Unions-

Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parlia- ment assembled, as follows:

PRELIMINARY.

l. This Act may be cited as 'The Trade Union Act, 1876." Short title.

CRIMINAL PROVISIONS.

2. The purposes of any Trade Union shall not, by reason merely that they are in restraint of trade, be deemed t o be unlawful so as to	Trade Union not
criminal.
Imperial Act, " Trade

render any member of such Trade Union liable to criminal. prosecu- Union Act, 187 L,"

tion for conspiracy, or otherwise. 8ec. 2.

3. The purposes of any Trade Union shall not, by reason merely	Trade Union not
unlawful for civil

that they are in restraint of trade, be unlawful so as to render void	purposes.
or voidable any agreement or trust.	Sec. 3,
4. Nothing in this Act shall enable any Court to entertain any legal proceedings instituted with the object of directly enforcing or	Trade Union contracte
when not enforaenble.
Sec. 4.
recovering damages for the breach of any of the following agree-

ment~, namely-

A I, Any

2 39" & 40" VICTORIAE, No, 41.

The Trade Union Act,-1876.

r. Any agreement between members of a Trade Union as such, concerning the conditions 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:

11. Any agreement for the payment by any person of any sub-

scriptions or penalty to a Trade Union:

111. Any agreement for the application of the funds of a Trade Union-

(a.) To provide benefits to members; or

(b. )

To furnish contributions to any employer or workmm not

a member of such Trade Union. in consideration of such

employcr or workman acting in conformity with the

rules or resolutions of such Trade Union; or

(C.)	To discharge any fine imposed upon any person by sentence
of a Court of Justice; or

m. Any agreement made between one Trade Union and another;

or

v. Any bond to secure the performance of any of the above- mentioned agreements: but nothing in this section shall be deemed to constitute any of the abovementioned agreements unlawful.

Provi8im of certain

Acta not to apply to	5, The following Acts, that is to say-
Trade Unions.	I. The Friendly 8ocieties Acts, 1850 and 1852, and the Acts

8eo. 6 +ered. amending the =me: and

11. The Industrial Societies Act, 1864, and any Act amending

the same: and

III. The Companies Act, 1864, and any Act amending the same:

shall not apply to any Trade Union, and the registration of any Trade

Union under any of the said Acts shall be void.

REGISTERED TRADE UNIONS.

Repistry of Trade 6. Any seven or more members of a Trade Unim may, by sub-

Unions.	scribing their names to the rules of the union, and by making appli- cation in the form set forth in the First Schedule hereto, and otherwise
Sec. 6 altered.	complying with the provisions of this Act with respect to registry, register such Trade Union under this Act: Provided that if anyone of the purposes of such Trade Union be unlawful such registration shall be void.

7. It shall be lawful for any Trade Union registered under this Act

~ k n d may be pm-

cha8ed Or leaas

for Trade Unions.	to purchase or take upon lease in the names of the trustees fpr the
SW. 7.	time being of such union any land, and to sell, exchange, mortgage, ox let the same, and no purchaser, asgignee, mortgageemnant

8 b u

39% 40" VICTORIE, No. 41.

The Trade Union Act.-1876.

shall be bound tn inquire whether the trustees have authority for any sale, exchange, mortgage, or letting, and the receipt of thc trustees shall be a discharge for the money arising therefrorn; and for the purpose of this section every branch of a Trade Union

shall bc considered a distinct union.

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

Union registered under this Act shall be vested in the trustees for Trusteee. Union vested in

the time being of the Trade Union appointed as provided by this SOC. a.

Act, for the use and benefit of such Tradc Union and the members

thereof, and the real or personal estate of any branch of a Trade Union, shall be vested in the trustees of such branch, and be under the control of such trastecs, 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 shall vest in the

succeeding trustees for th i same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment wh&oever; 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 be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of such Trade Union, without any further description.

9. The trustees of any Trade Union registered under this Act, Actions, &C., by or

to do by the rules thereof, are hereby cmpowercd to bring or defend, scc. 9"	or any other officer of such Trade Union who may be authorized so agaumt trustees, &a.
or cause to be brought or defended, any action, suit, prosecution, or complaint in any Court of Lam or Xquity, touching or concerning the property, right, or claim to property of the 'l'rade Union, and shall and may, in all cases concerning the real or personal property of such Trade Union, sue and be sued, plead and be impleaded, in any Court of Law or Equity, in their proper names, without other description than the title of tlrcir 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, but the
same shall and may be proceeded in by their successor or successors as if such death, resignation, or rcmoval 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 be reimbursed from the funds of such Trade Union; and the summons to be issued to such trustee or other officer may be served by leaving the same at the registered office of the Trade Union.

10. A trustee of any Trade Union registered under this Act shall L' imitation of

not be liable to make good any deficiency which may arise or happen responsibility of

in the funds of such Trade Union, but shall be liable only for the Sea. 10.

moneys which shall be actually received by him on account of such

Trade Union.

11. Every

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The n u d e Union Act.-1876.

Trs~nrer, %C., to

munt. 11. Every treasurer or other officer of a Trade Union registered

SW. 11.	under this Act, at such times as by the rules of such Trade Union
he 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 the said trustees shall cause to be audited by somc fit and proper person or persons by them to be appointed; and such treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him, and shall also, if required, hand over to such trustees all securities
and effects, books, papers, and property of the s&d Trade Union in
his hands or custody; and if he fail to do so, the trustees of the said Trade Union inay sue such treasurer in an) competent Court for the balance appearing to have been due from him. 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 thc securities and effects, books, papers, and property in his hmds or custody, leaving him to set off in such action the sums, if ally, which 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 be

I taxed as between attorney and client,

Punishment for with-	12. If any officer, member, or other person being: or representing himself to be, a member of a Trade Union registered under this Act,
Sec. 12 altered.	or the nominee, executor, administrator, or assignee of a rnembcr thereof, or any person whatsoever, by f alsc representation or imposi- tion, obtain possession of any moneys, securities, books, 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 t l ~ c thereof, m y Special Magistrate or two Justices of the Peace may, by rules of such Trade Union, or any part summary order, order such officer, member, or other person to deliver
up all such moneys, securities, books, papers, or other effects to the Trade Union, or to repay the amount of money applicd impropcrly, and to pay, if the Court think fit, a further sun1 of money not exceeding 'Twenty Pounds, together with costs, and in default of such delivery of effects, or repayment of such amount of moncy, or payment of such penalty and costs aforesaid, the said Court may order the said person so convicted to be imprisoned, with or without hard labor, for any time not exceeding thrce months: Provided that nothing herein contained shall prevent the said Trade Union, or the Attorney-General, or other proper officer from proceeding by indictment against the said party: Provided also, that no person shall be proceeded against by indictment if a conviction shall have
been previously obtained for the frame, offence under the provisions
of this Act.

REGISTRY

390 & 40° VICTORIB, No. 41. 5

The Trade Ulrion Act.-1876.

ZEEGISTRY OF TRADE UNION.

13. With rcspect to the registry under this Act of a Trade Union R e ~ u l ~ t i o n ~ f ~ registry.

and of the rules thereof, the following provisions shall have effect- ire.

I. An application to register the Trade Union and printed copies

of the rules, together with a, list of the titles and names of

the officers, shall be sent to the Registrar under this Act:

Ir. The Registrar upon being satisfied that the Trade Union has complied with the regulations respecting registry in force under this Act, shall register such Trade Union and such rules:

111. No Trade Union shall be registered under a name identical with that by which any other existing Trade Union has been registered, or so nearly rcscmbling such name as to be likely to deceive the members or the public:

rv. Where a Trade Union applying to be rcgistcrcd has been in

operation for morc than a year before the date of such appli-

cation, tllerc shall be delivered to the Registrar before the

rcaistry thereof a gencral statement of the receipts, funds,	effects, and expenditure of such 'l'radc Union in tho same F )
form, and showing the same particulars, as if it were the annual general statement required as hereinafter rncntioned to be transmitted ailnually to the Registrar:

v. The Registrar upon registering such Trade Union shall iasue

a certificate of registry, which certificate, unless proved to .

have been withdrawn or cancelled, shall be conclusivc

evidence: that the regulations of this Act with respect to

registry have been complied with:

vr. The Registrar may from time to time make regulations re-

spccting registry under this Act, and respecting the seal (if any) to be used for the purpose of such registry, and the

for carrying this Act into effect. documents kept by the Registrar under the Act, and generally forms to be used for such registry, and the inspection of

14. With rcspoct to the rules of a Trade Union registered under Rules OE regietered Trade Union.

this Act, the following provisions shall have effect- Sec. 14.

1. The rules of every such Trade Union shall contain provisions

in respect of the several matters mentioned in the Second

Schedule to this Act:

11. A copy of the rules shall be delivered by the Tradc Union to

every person on demand on payment of a sum not exceeding

one shilling.

r(

15. The fees specified in the Third Schedule of this Act shall be Peen,

paid to the Registrar in respect of the matters therein referred to.

16. Every

6 39" & 40" VICTORI&, No. 41.

The Trade Union A c t. 1 8 7 6.

Registvred Office of

Trada Union. 1.6. Every Trade Union registered under this Act shall have a

See. 16 altered. registered office to which all communications and notices may be

I. addressed; if any Trade Union under this Act is in operation for seven days without having such an office, such Trade Union and every officer thereof shall each incur a penalty not exceeding Five Pounds for every day during which it is so in operation. Botice of the situation of such registered office, and of any change therein, shall be inserted in the Gouemment Gazette, and bc given to thc Registrar, and recorded by him; until such notice is given, the Trade Union shall not be deemed to have complicd with the provisions of this Act with respect to having a registered office.

Annual Returns to be 17. A general statement of the receipts, funds, effects, and cxpen-

may direct.	prepared m "gistrar diture of every Trade Union registered under this Act shall be
890. 16 altered. transmitted to the Registrar before the first day of June in every

year, and shall shorn fully the assets and the liabilities at the date, and the receipts and expenditure during the year preceding the date to which it is made out, of the Tradc Union, and shall show separately the expenditure in respect of the several objccts of the Trade Union, and shall be preparcd 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 every member of, and depositor in,

any such Trade Union shall be entitled to rcceive on application to

the treasurer or secretary of that Trade Union a, copy of such general statement, without making any payment for the same, Together with such general statement there s l d l be sent to the Registrar a copy of all alterations of rules and new rules and changes of officers made by the Trade TJnion during the year preceding the date up to which the general statement is made out, and a copy of the rules of the Trade Union as they exist at that date.

Penalties.

18. Every Trade Union which fails to comply with or acts in contravention of the prcccding section, and also every officer of the Trade Union so failing, shall each be liable to a penalty not exceeding Five Pounds for cach offence; and every person who wilfully makes

sec. l6

or orders to be made any false entry in or any omission from any such general statcmcnt, 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.

Registrar. 19. T'ne Governor may appoint a Registrar under this Act. The

altered. Registrar shall lay before Parliament annual reports with respect to thc matters transacted by such Registrar in pursuance of this Act. Until the appointment of a Registrar, the Master of the Supreme Court shall exercise the powers and perform the duties of Registrar.

Circulating fahe	20. If any person, with intent to mislead or defraud, gives to any
oopies of rules, BC.,

a miderneanor.	mcmber of a Trade Union registered under this Act, or to any pcrson
Sec. 18.	intending or applying to become a member of such Trade Union, 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

39O & 40" VICTORLZ, No. 41. 7

The Trade Union A c t. 1 8 7 6.

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 pretence that such rules are the rules of a Trade Union registered under this Act, which is not so registered, every person so offending shall be deemed guilty of a misdemeanor.

21. All penalties imposed by this Act may be recovered in a Recoveryof penaltisi.

summary way before a Special Magistrate or two Justices of the

Peace, as directed by Ordinance No. 6 of 1850.

22. There shall be an appeal from any order or conviction of any A P P ~ ~.

Special Magistrate or Justices under this Act, or from any order dis- missing any information, or for the payment of costs or otherwise, which appeal shall be to the Local Court of Adelaide of Full Juris- diction only; and the proceedings on such appeal shall be conducted in the manner appointed by the said Ordinance, No. 6 of 1850, for appeals to Local Courts, or by any Act amending the same.

DEFINITIONS,

23, In this Act-

The term " Trade Union 'l means such combination, whether Definitionr.

temporary or permanent, for regulating the relations between ', Trada Union,

workmen and masters, or between workmen and workmen,

or between masters and masters, or for imposing restrictive

conditions on the conduct of any trade or business, as would, sec. 23.

if this Act had not passed, have been deemed to have been

an unlawful combination by reason of some one or more of

its purposes being in restraint of trade:	Provided that this
Act shall not affcct-

I. Any agreement between partners as to their own business:

Ir. Any agreement between an employer and those employed by

him as to such employrnent:

III. Any agreement in consideration of the sale of the goodwill

of a business, or of instruction in any profession, trade,

or handicraft.

In the name and on behalf of Her Majesty, X hereby

assent to this Bill.

A, MUSGRAVE, Governor.

FIRST

8 39" & 40* YXCTORIB, No. 41.

The Trade Union Act.-2876.

FIRST SCHEDULE.

Form of Application for Registry.

I. This application is made by the seven persons whose names are subscribed at the foot hereof.

2. The name under which it is proposed that the Trade Union, on behalf of which this application is made, is

as set forth in Rule No. . To the best of our belief there is no

other existing Trade Union, whether registered or not registered, the name of which in identical with the proposed name, or so nearly resemble8 the same aa to cause con- fusion,

Name of Trade Union. 3. The place of meeting for the business of the

and the office to which all communications and notices may be addressed

is at as set forth in Rule No. .

~ a m e of ~ r a d e union. 4. The was established on the

day of

of Trade Union. 6. The whole of the objects for which the

is established, and the purposes thereof for which the funds thereof -

are applicable, are set forth in Rule No. .

6. The conditions under which members msy become entitled to benefits assured are set forth in Rule No. .

7. The fines and forfeiture8 to be imposed on members are set forth in Hule No. .

8. The manner of making, altering, %mending, and rescinding rules is set forth in

RuleNo. .

9. The provision for the appointment and removal of a General Committee of Management, of Trustee or Trustees, Treasurer, and other officers is set forth in

Rule No. .

10. The provision for the investment of funds, and for the periodical audit of

accounts, is set forth in Rule No. .

11. The provision for the i~spection of the books and names of the members by

every person having an interast in the funds is set forth in Rule No.

.

12. Accompanying this application are sent-

I. Two printed co~~ieel, marked A, of the rules:

11. A list, markec! B, of the titles and names of the officers:

l. This will only be m. A general statement, marked C', showing-

neoeasary in case where

the Trade Union has	fa) The assets and liabilities of the2
been in operation more than a year revious to

the date of t	!e	applioa-	fb) The receipt9 and expenditure of3
tion.

2. Name of Trade Union. during the year preceding the date4 up to which the

S. Name of Trade Union.	statement is made out, such expenditure being set forth under
4. Thia date will be Axed	separate heads corresponding to the several objects of the Union.
by the Registrar.

13. W e have Seen duly authorized by the Trade Union to make this application

on its behalf, auch authorization consisting of ( a r~soiution	o f a general meeting	o f :'he
Trade UGon, or otherwise, as the case may be),

Signed

1.

2.

3.

4.

5.

6.

7.

Dated the day of ,l8 .

SECOND SCHEDULE.

Of matters to be provided for by the R d e s of Trade Unions r~gistered under this Act.

1. The name of the Trade Union, and place of meeting for the business of the Trade Union.

2. The whole of the objects for which the Trade Union is to be established, the purposes for which the funds thereof uhall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the finer uPd forfeiturea to be impoeed on any member of such Trade Union. 3. The

39" & 40" VICTORIX, No. 41. 9

The Trade U~zion Act.-1876.

3. The manner of making, altering, amending, and rescinding rules.

4. A provision for the oppointment and removal of a general committee of mansge- ment, of a trustee or trustees, treasurer, and other ofhers.

5. A provision for the investment of the funds, and for an annual or periodical audit of accounts.

6. 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.

THIRD SCHEDULE,

Fees.

6 8. d.

For registering Trade Union ...............,...... 1 G 0

For registering alteration8 in rules. ................. 0 10 0

For inspection of documents ...................... 0 1 0

- -- --L -

h ~- -

Adelaide: By authority, W. C. Cox, Government Printer, North-terrace.

B