OBSTRUCTING INSPECTOR.

(3) If any person obstructs any inspector in the exercise of his powers under this act or fails when duly required as aforesaid to produce any time sheets or pay sheets, he shall be liable to a penalty not exceeding £10 ($48.67).

MISCELLANEOUS.

TIME SHEETS AND PAY SHEETS TO BE KEPT.

SEC. 68. (1) Every employer in an industry in respect of which an award or an industrial agreement is in force shall keep, or cause to be kept, from day to day and at the place where his employees in such industry are working, in the manner and to the effect prescribed, time sheets and pay sheets of such employees, correctly written up in ink.

If he fails to carry out any of the requirements of this section he shall be liable to a penalty not exceeding £10 ($48.67).

EXHIBITION OF AWARD.

(2) A copy of any award, whether made under the repealed acts or this act, shall be exhibited and kept on exhibition by every employer carrying on an industry to which it relates, at the place where the industry is carried on, so as to be legible by his employees. If such employer fails to carry out the provisions of this subsection he shall be liable to a penalty not exceeding £10 ($48.67).

(3) The penalty imposed by each of the preceding subsections may, in addition to being recoverable in terms of section 61 of this act, be ordered to be paid by the registrar or an industrial magistrate subject to the provisions of section 54 of this act.

NOTICE OF CHANGE AFFECTING EMPLOYMENT.

SEC. 69. Employers and employees shall give at least 21 days' notice of an intended change affecting conditions of employment with respect to wages or hours or the prices of piecework. During any proceedings before a board, neither the employers nor the employees in the industry the subject of such proceedings shall alter the conditions of employment with respect to wages or hours, or the prices for piecework, unless upon the recommendation of the board that they be at liberty to do so.

If any person fails to carry out any of the requirements of this section he shall be liable to a penalty not exceeding £50 ($253.33).

PENALTY FOR CONTRACT OR COMBINATION IN RESTRAINT OF TRADE.

SEC. 70. Any person who, either as principal or as an agent, makes or enters into any contract or agreement, or is or continues to be a principal of or engages in any combination or conspiracy with intent to restrain the trade of the State in any necessary commodity to the detriment of the public, shall be liable to a penalty not exceeding £500 ($2,433.25).

PENALTY FOR MONOPOLY.

SEC. 71. Any person who monopolizes or attempts to monopolize or combines or conspires with any person to monopolize any part of the trade of the State with intent to control, to the detriment of the public, the supply or price of any necessary commodity, shall be liable to a penalty not exceeding £500 ($2,433.25).

REGULATIONS.

REGULATIONS MADE BY JUDGE.

SEC. 72. The judge may repeal any regulations made under the repealed acts and make regulations for carrying out the provisions of this act and the clerical workers act, 1910, and in particular, but without derogating from the generality of such powers—

(a) Prescribing the forms of references and applications to a board and generally the forms to be used in carrying out this act.

(b) Prescribing the form of oath to be taken by members of boards and committees.

(c) Regulating the exhibition by an employer of an award.

(d) Prescribing the form and mode of service of notices of meetings of a board and of a committee and regulating the convening of such meetings.

(e) Prescribing the giving of notice of inspection by a board or its members of premises used in any industry, and prescribing the form and regulating the service of such notice.

(f) Regulating the procedure at meetings of boards and committees.

(g) Providing for the payment of expenses of witnesses; and persons summoned by the registrar or summoned to attend a conference under the provisions of Part V.

(h) Regulating the procedure to be followed in proceedings before the court and before the registrar and an industrial magistrate, and in enforcing judgments, convictions, and orders given and made under this act.

(i) For the enforcement of orders for penalties and orders for attachments made under this act.

(j) Prescribing the powers and duties of the registrar and regulating the registration under this act of industrial unions.

(k) Imposing any penalty not exceeding £10 ($48.67) for any breach of such regulations.

(1) As to matters which by this act may be prescribed.

PUBLICATION OF REGULATIONS.

SEC. 73. (1) Regulations made under this act, on being approved by the governor and published in the Gazette, shall, if not disallowed as hereinafter provided, and if not repugnant to this act, have the force of law.

(2) All such regulations on being gazetted shall be laid before both houses of Parliament within 14 days if Parliament is then sitting, and, if not sitting, then within 14 days after the next meeting of Parliament. But if either house of Parliament passes a resolution of which notice has been given at any time within 15 sittings days after such regulations have been laid before such house disallowing any regulation, such regulation shall thereupon cease to have effect. Assented to April 15, 1912.

SOUTH AUSTRALIA.

[No. 1110.]

AN ACT To make better provision for dealing with industrial matters and disputes, and for purposes consequent on such provisions including certain amendments of the factories acts, 1907 to 1910." (Assented to Dec. 19, 1912.)

PART I.

PRELIMINARY.

SECTION 1. This act may be cited as the Industrial arbitration act, 1912.

SEC. 3. In this act, unless inconsistent with 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;

"Association " means any trade or other union, or branch of any union, or any association, society, or body composed of or representative of employers or employees, or for furthering or protecting the interests of employers or employees:

"Award means award of the court made under this act;

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Employee" means any employee in any industry, and includes any person

whose usual occupation is that of employee in any industry;

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Employer" means any person, firm, company, or corporation employing one or more employees in any industry, whether on behalf of himself or any other person;

"Industrial agreement' means an industrial agreement made pursuant to this act;

"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 as to any industrial matter; and an industrial 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;

"Industrial matters" means matters or things affecting or relating to work done or to be done, or the privileges, rights, or duties of employers or employees, or of persons who intend or propose to be employers or emploees in any industry, not involving questions which are or may be the subject of proceedings for an indictable offense; 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 person 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 employees therein to any given wages, allowances, remuneration, or prices, and what times shall be regarded as overtime;

(c) The sex, age, qualification, or status of employees, 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 industry;

(e) The relationship of master and apprentice;

(f) The technical education or other training of apprentices;

(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 employers to preference of service from unemployed members of an association of employees;

(j) Any claim of members of an association of employees 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 agreement, or of a determination or order of a wages board, or of an agreement under section 48 of the factories act amendment act, 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;

(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;

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Industry" means any business, trade, manufacture, undertaking, occupation, or calling, except agriculture, in which persons are employed for hire or reward, or in which they give their services for hire or reward, and includes any occupation or calling of any employee for hire or reward, whatever may be the business, trade, manufacture, undertaking, occupation, or calling of the employer, for the time being, of such employee, and also includes a branch of an industry and a group of industries, and any process, trade, business, occupation, or calling, or any group or part thereof, within the meaning of the factories acts;

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Justice means justice of the peace for the State;

"Lockout" (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 employees, with intent-

(a) To compel or induce any employees 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 employees, or any of them; or

(c) To incite, instigate, aid, or abet, or procure any other lockout; or (d) To assist any other employer to compel or induce any employees to agree to terms of employment or comply with any demands made by him;

"Minister" means the minister of industry or 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 regula

tions;

"President means president or acting president of the court;

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Registrar means the industrial registrar appointed under this act, and includes any deputy industrial registrar so appointed;

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Regulations means regulations made under this act;

"Rules of court" means rules made by the president under this act; "Strike

(without limiting the meaning of the term) means the act of any number of employees, who are or have been in the employment either of the same employer 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 employees 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 employees; or (b) To cause loss or inconvenience to any such employer in the conduct of his business; or

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

(d) To assist employees 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 employees;

"The court" means the industrial court constituted by this act;

"The factories acts" means the factories act, 1907, and 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.

SEC. 8. (1) There is hereby constituted a court to be called the 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 person 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 same manner and upon such grounds as a judge of the supreme court is by law liable to be removed from office, but the president 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 functions of the court may be exercised by the president or acting president sitting alone.

Division II-The jurisdiction of the court.

SEC. 9. The court shall have jurisdiction to deal with all industrial matters and industrial disputes pursuant to this act.

SEC. 10. The president shall have power as a mediator to deal with all indus-trial matters and industrial disputes in all cases 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.

SEC. 11. (1) The president may, whenever in his opinion it is desirable for the purpose of dealing with an industrial matter or preventing or settling an industrial dispute, summon any person to attend, at a time and place specified in the summons, at a conference presided over by himself.

(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 prevention 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 £500, to be recovered and enforced in the same way as penalties for offenses 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 pursuant 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 to 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 reasonable recompense for his expenses and loss of time.

SEC. 12. The president may review, annul, rescind, or vary any act or decision of the registrar in any manner which he thinks fit.

SEC. 13. The court shall have jurisdiction over all industrial matters and industrial disputes which are submitted to it

(a) By the minister or the registrar as being proper, in the public interest, to be dealt with by the court; or

(b) By an employer or employers of not less than 20 employees in any industry; or

(c) By not less than 20 employees 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, 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 wages board has been or is in course of being appointed, and as to which matter or dispute such board has or will have jurisdiction.

Division III-Procedure and powers of the court.

SEC. 14. (1) When the court sits for the purpose of finally adjudicating upon an industrial dispute, the president may, if he thinks fit, be assisted by two assessors appointed in the following manner:

I. 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 common with the employees, shall nominate the other assessor; and the president shall appoint the nominees as the assessors.

II. No person shall be appointed an assessor unless he is, or within three years previous to his appointment has been, actually and bona fide engaged or employed either as an employer or as an employee in the industry or in any one of the industries in respect of which the dispute has arisen: Provided, That if