PART II. INDUSTRIAL UNIONS AND ASSOCIATIONS.

Division I. Industrial unions.

WHAT SOCIETIES MAY BE REGISTERED.

SEC. 6. (1) Any society consisting (a), in the case of employers, of two or more persons who have in the aggregate throughout the six months next preceding the date of the application for registration employed on an average, taken per month, not less than fifty workers, or (b) in the case of workers, of any number of workers not less than fifteen, associated for the purpose of protecting or furthering the interests of employers or workers in or in connection with any specified industry, or (in the case and subject to the conditions hereinafter set out) in or in connection with divers industries in the State, may, on passing the necessary resolution and rules, and otherwise complying with the requisitions of this act, be registered as an industrial union under this act.

BRANCHES.

(2) Any branch of a society or industrial union may be treated as a distinct society, and, with the approval of the registrar, may, subject to this act, be separately registered as an industrial union.

MIXED SOCIETIES.

(3) If it is proved to the satisfaction of the president that, under the conditions existing in any locality defined in the application for registration, it is expedient that the limitation of the purposes of the society to a specified industry should not apply, the society may be lawfully registered as an industrial union under this act, notwithstanding that its members may be associated for the protection and furtherance of the interests of employers or workers (as the case may be) in connection with divers industries, and notwithstanding that such divers industries may not be a group of industries within the meaning of this act.

(4) (a) A society which consists of persons who are not all employers or workers in or in connection with one specified industry may apply for registration as an industrial union, and the court (or if the court is not sitting) the president may allow such society to be registered as an industrial union, or validate the registration or supposed registration prior to the commencement of this act of such society as an "industrial union" if in other respects it is entitled to be so registered; provided it is proved to the satisfaction of such court or president that the right of membership in such society is limited to persons whose interests in regard to industrial matters are in the main identical or of a kindred nature or whose vocations (as for example the vocations of clerks or engine drivers) have characteristics in common, or whose interests are of like composite character.

(b) After the registration of any such union the members shall as such be deemed for the purposes of this act to be workers or employers, as the case may be, in the same industry, and the vocations of the members shall, for all the purposes of this act, be deemed to be one industry, and the provisions of this act shall apply accordingly.

(5) The Metropolitan Shop Assistants and Warehouse Employees' Industrial Union of Workers or any other society registered or purporting to be registered under the industrial conciliation and arbitration act, 1902, may apply to the court or the president for an order validating its registration or supposed registration, and the court or president may make such order as they or he may think just, notwithstanding that such society or union consists of persons who are not all employers or workers in or in connection with one specified industry.

ADOPTION OF RESOLUTION, ETC.

SEC. 7. (1) Before any society makes application to be registered a resolution authorizing the application must be passed by a majority of the members present in person at a general meeting of the society specially called for the purpose.

of which seven days' previous notice specifying the time, place, and objects of such meeting shall have been given. Such notice shall be given by publication of an advertisement in a newspaper circulating in the district in which the office of the union is situate, and by posting a copy of the notice in a conspicous place outside the said office.

(2) At such general meeting or at another general meeting called for the purpose, the society shall, by a vote of the majority of the members present in person, pass and approve rules for the purposes of this act.

RULES.

(3) The rules shall specify the purposes for which the society is formed, and shall provide for

(a) The appointment and removal and powers and duties of a committee of management, a chairman, secretary, and any other necessary officers, and, if thought fit, of a trustee or trustees.

(b) The manner of calling general or special meetings, the powers thereof, and the quorum and manner of voting thereat.

(c) The mode in which industrial agreements and all deeds and instruments shall be made and executed on behalf of the society, and in what manner the society shall be represented in proceedings before the court.

(d) The device, custody, and use of the seal.

(e) The control of the property, and the investment of the funds of the society, and an annual or other shorter periodical audit of the accounts.

(f) The inspection of the books and the register of members by every person having an interest in the funds.

(g) A register of members, and for the mode in which and the terms and qualification on which persons shall become or cease to be members, provided that no member shall discontinue his membership without giving at least three months' previous written notice to the secretary or paying a sum equal to three months' contributions in lieu of notice, nor until such member has paid all fees, fines, levies, or other dues payable by him under the rules to the end of the period covered by such notice or has obtained a clearance card duly issued in accordance with the rules.

(h) The purging of the register by striking off members in arrears of dues for such period as is prescribed by the rules, not exceeding twelve months, but without freeing such persons from arrears due.

(i) The conduct of the business of the society at some convenient and specified address, to be called the registered office of the society.

(j) Any prescribed matter.

(k) The amendment, repeal, or alteration of the rules, subject to the foregoing requisites of this section.

(4) Such rules shall expressly provide that

(a) No person shall be a member who is not a worker or employer, as the case may be (except in the capacity of an honorary member); and that

(b) No part of the funds or property of the industrial union shall be paid or applied for or in connection with or to aid or assist any person engaged in any strike or lockout in this State; and that

(c) All industrial disputes in which the industrial union or any of its members may be concerned shall, unless settled by mutual consent, be referred for settlement pursuant to this act.

OPTIONAL PROVISIONS.

(5) The said rules or any amendment thereof may contain such other provisions not inconsistent with this act or otherwise contrary to law as a majority of the members of the society or union present in person at any general meeting thereof may approve.

JOINT REGISTRATION.

SEC. 8. (1) Any two or more industrial unions consisting of employers or workers engaged in the same industry or in related industries may apply to the registrar for registration as one union.

(2) The application shall be under the respective seals of the unions concerned, and shall be signed by their respective chairmen and secretaries.

(3) The applications shall be accompanied by—

(a) A list of the members and officers and the trustees (if any) of the proposed new union;

(b) Two copies of the rules of such proposed union, such rules being in accordance with section seven of this act; and

(c) A copy of a resolution authorizing the application and approving of the rules on behalf of each union concerned, passed by a vote of the majority of the members present in person at a general meeting of such union.

(4) Every application hereunder shall be deemed to be an application by a society for registration under this act, and the succeeding provisions of this act shall (so far as applicable) apply thereto, and in respect thereof accordingly. (5) On the proposed new union being registered as an industrial union under this act

(i) The registration of every union affected shall be deemed to have been canceled under subsection one of section twenty-seven.

(ii) All the property, rights, duties, and obligations whatever vested in or imposed on the unions affected shall become vested in or imposed on the new union.

APPLICATION.

SEC. 9. An application for registration shall be made to the registrar by one or more of the officers of the society in the prescribed form, accompanied by(a) A list of the members and officers and the trustees (if any) of the society, with their addresses;

(b) Two copies of the rules of the society; and

(c) A copy of the resolution authorizing the application.

REGISTRATION.

SEC. 10. (1) On being satisfied that the society is qualified to register and that the requisitions of this act have been complied with, the registrar shall, subject as hereinafter provided, register the society as an industrial union, and shall issue a certificate of registration, which (except in proceedings for the cancellation of registration) shall, until canceled, be conclusive evidence of the registration and that such requisitions have been duly complied with.

(2) The registrar shall at the same time register the rules and also the address of the registered office.

Provided, That the registrar shall, at least fourteen days before the registration as an industrial union of any society or body formed in connection with any industry or industries, give the prescribed notice of his intention to effect such registration to every industrial union formed and registered in connection with the same industry, or any one or more of the same industries, and any industrial union receiving any such notice may make such representations to the registrar as it deems advisable in relation to the proposed registration of such society or body.

INCORPORATION.

SEC. 11. (1) Every society registered as an industrial union shall, upon and during registration, become and be, for the purposes of this act, a body corporate by the registered name, having perpetual succession and a common seal: Provided, That subject to this act a union may at any time, with the consent of the court, change its name.

NAME.

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(2) There shall be inserted in the registered name of every industrial union the words "union of employers" or union of workers," according as such union is a union of employers or workers, and also the locality in which the majority of its members reside or exercise their calling, as thus: "The Goldfields Plumbers' Industrial Union of Employers"; "The Perth Tailors' Industrial Union of Workers."

EFFECT OF REGISTRATION.

SEC. 12. Upon and after registration the industrial union, and members thereof for the time being, shall be subject to the jurisdiction of the court, and to all the provisions of this act; and all such members shall be bound by the

rules of the industrial union during the continuance of their membership: Provided, That nothing herein contained shall render a shareholder of an incorporated company liable for any further amount hereunder than that for which he is liable as a shareholder of such company.

SEC. 13. (1) An industrial union may sue and be sued and may purchase, take on lease, hold, sell, lease, mortgage, exchange, and otherwise own, possess, and deal with any real or personal property.

(2) An industrial union shall, subject to this act, be liable to all the penal provisions of this act to the same extent, so far as may be, as an individual.

(3) The service of any process, notice, or document of any kind on an industrial union may be effected by delivering the same to the chairman or secretary of such union or by leaving the same at its registered office (not being a branch office), or by posting the same to such registered office in a duly registered letter addressed to the secretary of such union.

REGISTRATION OF TRADE-UNIONS.

SEC. 14. (1) A trade-union, consisting of not less than fifteen persons, formed in connection with any specified industry or industries, may be registered under this act as if it were a society complying with the conditions of section six.

(2) Such union when registered shall bear the name which it bears as a trade-union with the insertion of the additional words provided in section eleven hereof.

(3) It shall not be necessary for the union to pass and approve a complete set of rules for the purposes of this act, but the union may in lieu thereof pass and approve such additional rules and modifications of existing rules as may be necessary to bring the rules of the union into conformity with the requisitions of this act, and the said rules with and subject to any such additions and modifications shall constitute the rules of the industrial union.

(4) For the purposes of this section "trade-union" includes a branch of a trade-union and also a branch of any society in the nature of a trade-union duly registered under the law of any part of the King's dominions outside the State.

SOCIETIES OF EMPLOYERS.

SEC. 15. With respect to the registration of societies of employers the following special provisions shall apply:

(1) Where a copartnership firm is a member of the society, each individual partner residing in the State shall be deemed to be a member, and the name of each such partner (as well as that of the firm) shall be set out in the list of members accordingly, as thus: "Watson, Brown, and Company, of Perth, boot manufacturers; the firm consisting of four partners, of whom the following reside in Western Australia; that is to say, John Watson, of Perth, and Charles Brown, of Fremantle":

(2) Except where its memorandum, articles, or rules expressly forbid the same, any company, incorporated under any act, or being a foreign company within the meaning of the companies act, 1893, may be registered as an industrial union of employers, as if it were a society complying with the conditions of section six, and in such case the provisions of sections six, seven, and nine hereof shall be deemed to be sufficiently complied with if the application for registration is made under the seal of the company and pursuant to a resolution of the board of directors, and is accompanied by(a) A copy of such resolution.

(b) Satisfactory evidence of the registration or incorporation of the company.

(c) Two copies of the memorandum and articles of association or rules of the company.

(d) A list containing the names of the directors and of the manager or other principal executive officer of the company in Western Australia.

(e) The address of the registered office of the company in Western Australia. (3) In so far as the memorandum, articles, or rules of any company are repugnant to this act they shall, on the registration of the company as an industrial

union of employers, be construed as applying exclusively to the company and not to the industrial union.

(4) It shall not be necessary in the case of an incorporated company to insert in the name thereof when registered as an industrial union the additional words set out in section eleven.

APPLICATION OF PROVISIONS.

SEC. 16. Subject to any provision to the contrary the provisions of this act relating to the registration of a society and to the effect of such registration and of a certificate thereof apply in respect of a trade-union, company, council, or other body authorized to be registered under this act.

POWERS OF COMPANIES.

SEC. 17. Notwithstanding anything to the contrary contained in the memorandum or articles of association or rules of any company, such company may, with the consent of its manager or other principal executive officer in Western Australia, become a member of any society proposed to be registered as an industrial union of employers or of an industrial union of employers or a party to any industrial agreement.

SIMILAR NAMES.

SEC. 18. An industrial union shall not be registered under a name identical with that by which any other industrial union has been registered or so nearly resembling such name as to be likely to deceive or mislead the members or the public.

REFUSING REGISTRATION.

SEC. 19. The registrar may refuse to registter any society, trade-union, or company as an industrial union if in the same locality there exists an industrial union to which the members or the bulk of the members of such society, tradeunion, or company can conveniently belong.

APPEALS.

SEC. 20. (1) Any society, trade-union, or company which thinks itself aggrieved by any decision of the registrar in refusing to register it as an industrial union, or in registering any other industrial union may, within three months from the date of the decision, appeal against the decision to the president.

(2) The president may on such appeal make any order which he thinks just, and such order shall be duly observed and carried into effect by the registrar. Provided, That if the registrar has refused registration under the last preceding section it shall lie on the society, trade-union, or company to satisfy the president that owing to distance, diversity of intterest, or other substantial reason it will be more convenient for the members to belong to an industrial union separately registered than to join any existing industrial union.

AMENDMENTS OF RULES.

SEC. 21. (1) Copies of all additions to or amendments or rescissions of the rules of an industrial union shall, after being verified by the secretary or some other officer of the industrial union, be sent to the registrar, who shall register the same upon being satisfied that the same are not in conflict with this act. No such addition, amendment, or rescission shall be valid until registered.

(2) A printed copy of the rules (certified as in subsection three) for the time being of the industrial union shall be delivered by the secretary to any person applying for the same on payment of a sum not exceeding one shilling.

(3) In all proceedings affecting the industrial union, prima facie evidence of the rules and their validity may be given by the production of what purports to be a copy thereof, certified as a true copy under the seal of the union and the hand of the secretary or any other prescribed officer.

OFFICES.

SEC. 22. (1) In addition to its registered office, an industrial union may have a branch office in any locality in which any of its members reside or exercise their calling.