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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99 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.

(yi) 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

(ix) The dissolution of apprenticeships.

(g) The interpretation of any industrial agreement.

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

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(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.

"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.

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 affècted 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.

(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