EXTENSION OF APPLICATION OF INDUSTRIAL AGREEMENT.

SEC. 67. Whenever it is proved to the court that an industrial agreement whether made before or after the commencement of this act) is binding on employers who employ a majority of the workers in the industry to which it relates in the industrial district in which it was made, the court may, if it thinks fit, on the application of any party to that agreement or of any person bound thereby, make an order extending the operation of that agreement to all employers who are or who at any time after the making of the said order become engaged in the said industry in the said district, and all such employers shall thereupon be deemed to be parties to the said agreement, and shall be bound thereby so long as it remains in force.

VALIDATION OF PROCEEDINGS, ETC.

SEC. 68. (1) If anything which is required or authorized to be done by the principal act or by this act is not done within the time limited for the doing thereof, or is done informally, the court of arbitration may, if it thinks fit in its discretion, on the application of any person interested, make an order extending the time within which the thing may be done or validating the thing so informally done.

(2) Nothing in this section shall apply so as to authorize the court of arbitration to make any such order in respect of judicial proceedings theretofore already instituted in any court other than the court of arbitration.

AWARDS PREVAIL OVER CONTRACTS.

SEC. 69. Every award or industrial agreement shall prevail over any contract of service or apprenticeship in force on the coming into operation of the award or industrial agreement so far as there is any inconsistency between the award or industrial agreement and the contract; and the contract shall thereafter be construed and have effect as if the same had been modified, so far as necessary, in order to conform to the award or industrial agreement.

COURT MAY FIX DATE OF AWARD.

SEC. 70. In making its award the court may, if in its discretion it thinks fit, direct that any provision of the award relating to the rate of wages to be paid shall have effect as from such date prior to the date of the award as the court thinks fit.

TO WHOM AWARDS AND AGREEMENTS APPLY.

SEC. 71. No award or industrial agreement made after the commencement of this act shall affect the employment of any worker who is employed otherwise than for the direct or indirect pecuniary gain of the employer:

Provided, That this section shall not be deemed to exempt any local authority or body corporate from the operation of any award or industrial agreement.

COURT MAY REFUSE TO MAKE AWARD.

SEC. 72. When an industrial dispute has been referred to the court, the court may, if it considers that for any reason an award ought not to be made in the matter of that dispute, refuse to make an award therein.

CANCELLATION OF REGISTRATION.

SEC. 73. (1) Notwithstanding anything in section 21 of the principal act, the cancellation under that section of the registration of an industrial union shall not be prevented by the pendency of any conciliation or arbitration proceedings, if the application for cancellation has been made to the registrar before the commencement of the said proceedings.

(2) The said section and this section shall extend and apply to conciliation proceedings before a council of conciliation under this act.

(3) For the purposes of this section conciliation proceedings before a council of conciliation shall be deemed to have commenced so soon as the commissioner has appointed assessors on the recommendation of the applicants, and shall be

deemed to have ceased so soon as the notification of the council has been delivered to the clerk of awards, or the dispute has been settled by an industrial agreement.

(4) For the purposes of the said section and this section arbitration proceedings shall be deemed to be pending and in progress so soon as the notification of the council has been delivered to the clerk of awards.

EFFECT OF SUBSEQUENT LEGISLATION.

SEC. 74. (1) The provisions of an award or industrial agreement shall continue in force until the expiration of the period for which it was made, notwithstanding that before such expiration any provision inconsistent with the award or industrial agreement is made by any act passed after the commencement of this act, unless in that act the contrary is expressly provided.

(2) On the expiration of the said period the award or industrial agreement shall, during its further subsistence, be deemed to be modified in accordance with the law then in force.

AN ACT TO AMEND THE INDUSTRIAL CONCILIATION AND ARBITRATION ACT, 19081910, No. 68.

The only matters of general effect are found in sections 3 and 4, which read as follows:

SEC. 3. The court may in its discretion waive any technical irregularity or omission which may have occurred in the submission of a dispute to the court: Provided, That the provisions of the act referring to the particular matter in regard to which the irregularity or omission has occurred have been substantially complied with.

SEC. 4. (1) One person may be at the same time a judge of the supreme court and the judge of the court of arbitration; but any person who holds both of these offices shall give priority to the duties imposed upon him as judge of the court of arbitration.

(2) Such person, while holding both positions, shall be paid only the salary of a judge of the supreme court.

(3) Such person shall not be entitled, without the consent of the governor in council, to resign one of such positions without at the same time resigning the other also.

(4) [Relates to superannuation of judges.]

(5) [Adds one judge to the civil list.]

INDUSTRIAL CONCILIATION AND ARBITRATION ACT, 1911, No. 33.

CANCELLATION OF REGISTRATION NOT TO AFFECT AWARD, ETC.

SEC. 2. Where the registration of a union or association is canceled for the purpose of the issue of a fresh certificate or of the union or association being registered under a new name, such cancellation shall not affect the operation of any award or industrial agreement in force to which the original union or association was a party.

INDUSTRIAL AGREEMENT MAY BE MADE INTO AWARD.

SEC. 3. Where it is proved to the court that an industrial agreement (whether made before or after the commencement of this act) is binding on employers who employ a majority of the workers in the industry to which it relates in the industrial district in which it was made, the court shall, on the application of any of the parties to the agreement, declare the same to be an award unless, in the opinion of the court, such agreement is, by reason of its provisions, against the public good or is in excess of the jurisdiction of the court.

DISPUTE COVERING MORE THAN ONE INDUSTRIAL DISTRICT.

SEC. 4. (1) Notwithstanding anything to the contrary in the principal act, an industrial association of employers or workers may make application to the court in the first instance for an award to apply to more than one industrial district.

(2) The application shall contain the particulars mentioned in paragraphs (a) to (d) of subsection four of section 30 of the industrial conciliation and arbitration amendment act, 1908, and such of the provisions of that section as are applicable shall extend and apply accordingly.

(3) The application shall be filed with the clerk of awards in each of the industrial districts in which the award is intended to apply.

(4) Notice of the application shall be given in the prescribed form to the parties who it is intended shall be bound by the award.

(5) The application shall be heard at such place or places as the parties may agree on, or, in default of such agreement, as the court, on the application of any party after notice in the prescribed form to the other parties to dispute, directs.

(6) The court may, if it thinks fit, make an award upon such application, and that award shall bind as parties all trades-unions, industrial unions, industrial associations, and employers in all or one or more of the industrial districts for which the application has been filed.

COUNTER PROPOSAL TO BE LODGED.

SEC. 5. (1) Not later than three clear days before the hearing of a dispute the respondents shall lodge with the commissioner a statement in detail admitting such of the claims of the applicants as they desire to admit, or making a counterproposal with respect to the claims of the applicants or some or one of them, and a copy of that statement shall be sent to the applicants by the commissioner.

(2) On the hearing of the dispute no counterproposal by the respondents shall be considered other than those contained in the said statement except with the leave of the commissioner on such terms and conditions as he deems just.

(3) This section shall extend and apply with the necessary 'modifications to a dispute brought before the court in the first instance pursuant to section four of this act.

PROVISION FOR DOMINION AWARD IN CERTAIN CASES.

SEC. 6. Notwithstanding anything in section 92 of the principal act, the court may, on the application of any party to an award, extend the award so as to join and bind as parties thereto all trade-unions, industrial unions, industrial associations, and employers in New Zealand who are connected with or engaged in the same industry as that to which the award applies:

Provided, That the court shall not act under this section unless it is satisfied that the conditions of employment or of trade are such as make it equitable to do so.

PROCEDURE WHERE NO SETTLEMENT IS ARRIVED AT.

SEC. 7 (as amended by Act No. 7, 1913). (1) When a recommendation of a council of conciliation is filed with the clerk of awards together with the notification that no settlement has been arrived at, the clerk shall, as soon as practicable, give notice in the prescribed form to the parties to the dispute of the filing of the recommendation and of the place where it may be seen, and requiring them if they disagree with the recommendation to signify their disagreement within one month, and, if they so desire, to state reasons for such disagreement.

(2) If within the time aforesaid no notice of disagreement has been filed, the clerk shall as soon as possible thereafter give notice in the prescribed form to the parties of the fact, and the recommendation shall, as from seven days after the date of that notice, operate and be enforceable in the same manner as an industrial agreement duly executed and filed by the parties; and the clerk shall indorse the recommendation accordingly.

(3) If any party to the dispute duly signifies his disagreement with the recommendation, the dispute shall be referred by the clerk to the court for settlement, and thereupon the dispute shall be before the court, and the court may, after hearing any of the parties that have signified their disagreement. incorporate the terms of the recommendation in an award.

(4) If it appears to the court that any reason given for disagreement with the recommendation is trivial or frivolous, it may disregard such disagreement,

and the parties so disagreeing shall be deemed to have concurred in the recommendation.

(5) Where a notification that no settlement has been arrived at has been delivered to the clerk of awards and the council makes no recommendation for the settlement of the dispute, the clerk shall forthwith refer the dispute to the court for settlement, and thereupon the dispute shall be deemed to be before the court.

REFERENCES TO REGISTRAR TO THE COURT TO REFER TO CLERK OF AWARDS.

SEC. 8. In the event of there being no registrar, or of his absence, all references in the principal act to the registrar to the court shall hereafter be deemed to be references to the clerk of awards of the industrial district to which the subject matter relates.

SEC. 9. [Amends principal act.]

AWARDS TO BE IN CONFORMITY WITH STATUTORY PROVISIONS.

SEC. 10. No award of the court shall contain any provision that is inconsistent with any statute which makes special provision for any of the matters before the court.

PERIODICAL SITTINGS OF THE COURT.

SEC. 11. A sitting of the court shall be held in the cities of Auckland, Wellington, Christchurch, and Dunedin at least once in every three months to deal with any disputes which have been referred to the court.

WESTERN AUSTRALIA.

[Act No. 57, 1912.]

AN ACT To amend and consolidate the law relating to the settlement of industrial disputes by arbitration, and for other relative purposes.

PART I. PRELIMINARY.

SHORT TITLE.

SECTION 1. This act may be cited as the industrial arbitration act, 1912, and shall come into operation on a day to be fixed by proclamation.1

DEFINITIONS.

SEC. 4. In this act, if not inconsistent with the context

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Court" means the court of arbitration constituted under this act.

Employer" includes persons, firms, companies, and corporations employing one or more workers.

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Gazette " means the Government Gazette of Western Australia.

Group of industries" means any number of related industries within the meaning of section fifty-nine.

"Industrial association" means an industrial association registered under this act.

·Industrial dispute" means a dispute in relation to industrial matters arising between an employer or industrial union or association of employers on the one part and an industrial union or association of workers on the other part, and includes any dispute arising out of an industrial agreement and any disagreement, howsoever originating, between an industrial union or association formed or existing for the protection of the interests of workers in any industry and an employer or industrial union or association of employers in relation to any industrial matter connected with any workers engaged in that industry or in any related industry.

"Industrial matters means all matters affecting or relating to the work, privileges, rights, and duties of employers or workers in any industry, not involving questions which are or may be the subject of preceedings for an in

1 Proclaimed to commence Jan. 1, 1913; see Government Gazette of Dec. 24, 1912.

dictable offence; and, without limiting the general nature of the above definition, includes all matters relating to

(a) The wages, allowances, or remuneration of workers employed or usually employed or to be employed in any industry, or the prices paid or to be paid therein in respect of such employment.

(b) The hours of employment, sex, age, qualification, or status of workers, and the mode, terms, and conditions of employment.

(c) The employment of children or young persons, or of any person or class of persons in any industry or the dismissal of or refusal to employ any person or class of persons therein.

(d) Any established custom or usage of any industry, either generally or in the particular locality affected.

(e) Any claim arising under an industrial agreement.

(f) (i) The persons who may take or become apprentices.

(ii) The number of apprentices that may be taken by any one employer.

(iii) The mode of binding apprentices.

(iv) The terms and conditions of apprenticeship.

(v) The registration of apprentices.

(vi) The examination of apprentices.

(vii) The rights, duties, and liabilities of the parties to any agreement of apprenticeship.

(viii) The assigning or turning over of apprentices; and

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(ix) The dissolution of apprenticeships.

(g) The interpretation of any industrial agreement.

Industrial union" means an industrial union registered under this act. 'Industry" includes

(a) Any business, trade, manufacture, handicraft, or calling of employers on land or water;

(b) Any calling, service, employment, handicraft, or industrial occupation or vocation of workers on land or water; and

(c) A branch of an industry or a group of industries.

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'Lock-out" includes any closing of a place of employment or any suspension of work or any refusal by an employer to continue to employ any number of his workers with a view to compel his workers or to aid another employer in compelling his workers to accept any terms or conditions of employment, or with a view to enforce compliance with any demands made by any employer on any workers.

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Minister" means the member of any executive council appointed by the governor to administer this act.

Prescribed" means prescribed by regulations under this act. "President" means the president of the court.

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Registrar" means the registrar of industrial unions under this act. "Strike" includes any cessation of work or refusal to work by any number of workers acting in combination or under a common understanding with a view to compel their employer or to aid any other workers in compelling their employer to agree to or accept any terms or conditions of employment or with a view to enforce compliance with any demands made by any workers on any employer. "Trade union" means a trade union registered under the trade unions act, 1902.

"Worker

means any person of not less than fourteen years of age of either sex employed or usually employed by any employer to do any skilled or unskilled work for hire or reward, and includes an apprentice, but shall not include any person engaged in domestic service.

PENALTIES.

SEC. 5. The mention of any penalty, pecuniary or other, at the foot of any section, subsection, or numbered paragraph of this act means that any contravention of the section, subsection, or paragraph, as the case may be, whether by act or omission, shall be an offense against this act, punishable on summary conviction or on conviction before the court of arbitration by a penalty not exceeding the penalty indicated, or that any offense defined in the section, subsection, or paragraph, as the case may be, shall be punishable as aforesaid.