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INSPECTION OF WORK AND INTERROGATION OF PERSONS.

(b) Inspect and view any work, material, machinery, appliances, article, matter, or thing whatsoever, being in such place, premises, ship, or vessel.

(c) Interrogate any person or persons who may be in or upon such place, premises, ship, or vessel in respect of or in relation to any matter or thing hereinbefore mentioned.

(2) Every person who hinders or obstructs a judge, or a board or any member thereof, or any officer of the court or other person, in the exercise of any power conferred by this section, or who refuses or unduly delays to a judge, or a board, or any officer of the court, member of a board, or other person authorized as aforesaid, entrance during any such times as aforesaid to any such place, premises, ship, or vessel, or refuses to answer any question put to him as aforesaid, or gives or makes any information or statement which is to his knowledge false, shall be liable to a penalty not exceeding £50 ($243.33).

FALSE STATEMENTS, ETC., TO EMPLOYERS.

SEC. 56. When under any award the amount of wages payable by an employer to an employee depends wholly or in part upon the age or experience or duration of previous employment of the employee, any person who, when seeking employment or while an employee, gives or makes to an employer any information or statement relating to any such matters which is false to the knowledge of such person or employee shall be liable to a penalty not exceeding £20 ($97.33).

INSPECTORS AND THEIR DUTIES.

SEC. 57. (1) It shall be the duty of inspectors of factories and shops to see that the provisions of awards and orders of the court and of boards are duly observed.

(2) In the discharge of such duty an inspector may require any employer or employee to produce for examination any wages books or overtime books necessary for the purpose of this act.

(3) Any such inspector who, except for the purposes of this act, and in the exercise of his functions under this act, discloses to any person any information which, in the exercise of such functions, he acquires, shall be liable to a penalty not exceeding £50 ($243.33).

SAVING OF RIGHTS OF ACTION AND OF CRIMINAL CODE.

SEC. 58. Nothing contained in this act shall affect any right of action in respect of any actionable wrong which any person would have had against another if this act had not been passed.

Nothing contained in this act shall affect the provisions of the criminal code.

REGULATIONS.

SEC. 59. (1) The governor in council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this act or that may be necessary or expedient to carry out the objects and purposes of this act, and, where there may be in this act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this act, providing for and supplying such omission or insufficiency.

(2) The regulations may fix a penalty, not exceeding in any case £10 ($48.67) for any breach thereof.

(3) All such regulations shall be published in the Gazette; and thereupon, subject to subsection four hereof, shall be of the same effect as if they were contained in this act.

Such regulations shall be laid before both houses of Parliament within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session.

(4) If either house of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such house after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.

POWER TO AMEND OR RESCIND ORDERS.

SEC. 60. (1) The governor in council may, by another order in council published in the Gazette, amend or rescind any order in council made under this act.

MISNOMER, ETC., NOT TO PREJUDICE.

(2) No misnomer or inaccurate description or omission in or from any order in council made under this act shall in anywise prevent or abridge the operation of this act with respect to the subject-matter, provided the same is designated so as to be understood.

INFORMALITIES.

(3) No order in council purporting to be made under this act, and being within the powers conferred on the governor in council, shall be deemed invalid on account of any noncompliance with any of the matters required by this act as preliminary to the same.

EXPENSES.

SEC. 61. All moneys required for the purposes of this act shall be paid out of moneys provided by Parliament.

NEW SOUTH WALES.

[Industrial arbitration ́act, 1912, No. 17.]

AN ACT To provide for the regulation of the conditions of industries in certain particulars by means of industrial conciliation and arbitration, and for the repression of lockouts and strikes; to establish and define the powers, jurisdiction, and procedure of an industrial court and certain subsidiary tribunals; to preserve certain awards and industrial agreements; to repeal the industrial disputes act, 1908, the industrial disputes amendment act, 1908, the industrial disputes (amendment) act, 1909, and the industrial disputes (amendment) act, 1910; to amend the clerical workers act, 1910, and certain other acts; and for purposes consequent thereon or incidental thereto.

PART I.-PRELIMINARY.

SHORT TITLE.

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

COMMENCEMENT.

SEC. 2. This act shall commence on and from a date to be proclaimed by the governor in the Gazette.

Provided, That the provisions of this act relating to the registration of industrial unions and the appointment of boards, and all provisions necessary for such registration and for making such appointments, shall come into force on the passing of this act.

REPEAL AND SAVINGS.

SEC. 4. (1) The industrial disputes act, 1908, the industrial disputes amendment act, 1908, the industrial disputes (amendment) act, 1909, and the industrial disputes (amendment) act, 1910, are repealed.

AWARDS.

(2) All awards, orders, and industrial agreements made under authority of the acts hereby repealed and in force at the commencement of this act shall, until rescinded under this act, continue in force for the respective periods fixed by such awards, orders, or industrial agreements, and shall be deemed to have been made under this act. In construing any such award, order, or industrial agreement references to the registrar shall be read as references to the registrar appointed under this act, and for the purpose of any appeal from the registrar references to the industrial court shall be read as references to the court of industrial arbitration constituted by this act.

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SUMMONSES ISSUED.

(3) All summonses issued at such commencement under sections 41, 43, or 55 of the industrial disputes act, 1908, and returnable before the industrial court, shall continue in force, but shall be returnable before, and shall be heard and determined by the court of industrial arbitration constituted by this act, or by the registrar or an industrial magistrate on being referred to him by the court. For the purpose of carrying out the above provisions, the enactments of the industrial disputes act, 1908, shall continue in force and shall, mutatis mutandis, apply to the hearing and determination of any such matter by the court of industrial arbitration constituted by this act, and to the enforcement of any order of such court.

All documents relating to any such matters or proceedings, and filed or deposited with the industrial court, shall be handed over to the court of industrial arbitration and filed with such court.

THE REGISTRAR.

(4) The registrar appointed under any act hereby repealed, and holding office at the commencement of this act, shall be deemed to have been appointed hereunder.

REGULATIONS.

(5) All regulations made under the acts hereby repealed, and in force at the commencement of this act, shall, mutatis mutandis, apply as if made under this act.

DEFINITIONS.

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SEC. 5. In this act, unless the context otherwise indicates, apprentice means an employee under 21 years of age who is serving a period of training under an indenture or other written contract for the purpose of rendering him fit to be a qualified worker in an industry.

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Award" means award under this act, and includes a variation of such

awaru.

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'Board" means industrial board constituted under this act.

"Boarding house" shall include a lodging house, and shall mean a house in which five or more paying boarders or lodgers, not being members of the proprietor's family, are accommodated.

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"Calling means craft or other occupation.

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"Court means court of industrial arbitration established by this act. "Employee" means person employed in any industry, whether on wages or piecework rates or as member of a butty gang, but shall not include a member of a family in the employment of a parent; and the fact that a person is working under a contract for labor only, or substantially for labor only, or as lessee of any tools or other implements of production, or any vehicle used in the delivery of goods, shall not in itself prevent such person being held to be an employee.

Employer" means person, firm, company, or corporation employing persons working in any industry, whether on behalf of himself or itself or any other person or on behalf of the government of the State, and includes the chief commissioner for railways and tramways, the Sydney Harbor trust commissioners, the metropolitan board of water supply and sewerage, the Hunter district water supply and sewerage board, and any council of a municipality or shire, and includes, for the purpose of constituting a board, a director, manager, or superintendent of an employer as defined as aforesaid.

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Improver" means an employee under 21 years of age who is serving for the purpose of rendering him fit to be a qualified worker in an industry or special section of an industry.

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Industrial agreement means industrial agreement made and filed under any act hereby repealed, or under this act.1

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Industrial court" means industrial court constituted by the repealed acts. “Industrial magistrate” means industrial magistrate appointed under this

act.

1 Section 13 of the acts of 1901 reads as follows: "Any industrial union may make an agreement in writing relating to any industrial matter (a) with another industrial union, or (b) with an employer, which, if it is made for a specified term not exceeding three years from the making of the agreement, and if a copy thereof is filed with the registrar, shall be or become an industrial agreement within the meaning of this act."

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"Industrial union means industrial union registered as an industrial union under this act.

"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 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 above definition, includes all or any matters relating to

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

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

(c) The employment of children or young persons, or of any persons or class of persons in any industry, or the right to dismiss or to refuse to employ or reinstate in employment any particular persons or class of persons therein; but not so as to give preference of employment to members of industrial unions, except in accordance with the provisions of section 24, subsection 1, paragraph (g).

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

(e) The interpretation of an industrial agreement or award.

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Industry means occupation or calling in which persons of either sex are employed for hire or reward.

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Judge or the judge" means the judge of the court of industrial arbitration and includes an additional judge of the court.

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Justice means justice of the peace and includes a magistrate.

"Lockout" (without limiting its ordinary meaning) includes a closing of a place of employment, or a suspension of work, or a refusal by an employer to continue to employ any number of his employees with a view to compel his employees, or to aid another employer in compelling his employees, to accept terms of employment.

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Magistrate means stipendiary or police magistrate.

"Members of a board" and "members of a conciliation committee" include the chairman of the board and of the committee, respectively.

"Metropolitan district court" means district court of the metropolitan district holden at Sydney.

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Minister means minister of the Crown administering this act.

Necessary commodity" includes

(a) Coal;

(b) Gas for lighting, cooking, or industrial purposes;

(c) Water for domestic purposes; and

(d) Any article of food the deprivation of which may tend to endanger human life or cause serious bodily injury.

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"Prescribed means prescribed by this act or by regulation made thereunder. Registrar" means industrial registrar appointed under this act.

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Schedule means schedule to this act, and any amendment of or addition to such schedule made in pursuance of this act. Strike "

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(without limiting its ordinary meaning) includes the cessation of work by any number of employees acting in combination, or a concerted refusal or a refusal under a common understanding by any number of employees to continue to work for an employer with a view to compel their employer, or to aid other employees in compelling their employer, to accept terms of employment, or with a view to enforce compliance with demands made by them or other employees on employers.

"Trade-union" means trade-union registered under the trade-union act, 1881, and includes a branch so registered.

INDUSTRIAL UNIONS.

REGISTRATION OF INDUSTRIAL UNION OF EMPLOYERS.

SEC. 6. The registrar may, on application made as hereinafter provided, register under this act as an industrial union of employers any person or association of persons, or any incorporated company, or association of incorporated companies, who or which has 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 50 employees.

Such application shall be made as prescribed, and, if made by an association or company, shall be signed by a majority in number of the governing body thereof.

REGISTRATION UNDER REPEALED ACTS AND ACT OF 1901.

SEC. 7. Any person or body whose registration under the act No. 59, 1901, as an industrial union is at the commencement of this act in force, and any tradeunion registered under section 9 of the industrial disputes act, 1908, whose registration under that act is at the said commencement in force, shall, unless and until such registration is canceled, be deemed to be an industrial union.

REGISTRATION OF INDUSTRIAL UNION OF EMPLOYEES.

SEC. 8. (1) The registrar may, on application made as hereinafter provided, register under this act any trade-union of employees. On such registration the trade-union shall be an industrial union until such registration is duly canceled. (2) Such application shall be made in writing as prescribed by the committee of management of the trade-union, and shall be signed by a majority in number of the members of such committee. Notice of any such application shall be published as prescribed.

The registrar may require such proof as he thinks necessary of the authority of the said members to make the said application.

(3) Any such application may be refused by the registrar if he is of opinion that the organization applying is not a bona fide trade-union, or if registered under this act would not be a bona fide industrial union, or if it appears that another trade-union to which the members of the applicants' union might conveniently belong has already been registered as an industrial union.

(4) The registrar shall fix a day for considering any objections on the above ground to the granting of the application, and shall notify the same as prescribed.

(5) No branch shall be registered, unless it is a bona fide branch of sufficient importance to be registered separately.

(6) Any decision of the registrar under this section in respect of an objection taken as aforesaid, or on refusal of registration, shall be subject to appeal to the court as prescribed.

(7) The court may, for any reasons which appear to it to be good, cancel the registration of any industrial union, provided that, save where otherwise mentioned in this act, such cancellation shall not relieve the industrial union, or any member thereof, from the obligation of any award or industrial agreement, or order of the court or a board, or from any penalty or liability incurred prior to such cancellation.

CANCELLATION OF REGISTRATION AT REQUEST OF UNION.

SEC. 9. (1) The court may cancel the registration of an industrial union if proof is given to its satisfaction that a majority in number of the members of the union, by secret ballot taken as prescribed, require such cancellation:

(2) Provided, That such power of cancellation shall not be exercised while any award or any industrial agreement relating to members of any such union, whether made under the repealed acts or this act, is in force.

THE COURT MAY CANCEL REGISTRATION.

SEC. 10. The court may, if satisfied that an industrial union is instigating to or aiding any other union or any of its members in a lockout or strike for which such other union or any of its members are liable to a penalty under this act, in its discretion cancel such registration and cancel any award or industrial agreement relating to such industrial union or the members thereof with the consent of all other parties bound by such award or industrial agreement.

INDUSTRIAL AGREEMENT.

POWER TO MAKE INDUSTRIAL AGREEMENTS.

SEC. 11. Any industrial union of employees may make an agreement in writing with an employer or any other industrial union relating to any industrial matter.

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