Terms of award. Industrial Conciliation and Arbitration. (2.) The Clerk shall, upon application, supply certified copies of the award for a prescribed fee. 84. (1.) THE award shall be framed in such manner as shall 1900 Act, ss. 78 and best express the decision of the Court, avoiding all technicality where possible, and shall specify- 87. N.Z. Act, s. 86 (1). 1900 Act, s. 78. N.Z. Act, s. 86 (2). (a.) Each party on whom the award is binding, being in every case each industrial union, industrial association, or employer who is party to the proceedings at the time when the award is made; (b.) The industry to which the award applies; (c.) The industrial district to which the award relates, being in every case the industrial district in regard to which the proceedings were commenced; (d.) The currency of the award, being any specified period not exceeding three years from the date of the award: (2.) The award shall also state in clear terms what is or is not to be done by each party on whom the award is binding, or by the workers affected by the award, and may provide for an alternative course to be taken by any party: In no case shall the Court have power to fix any age for the commencement or termination of N.Z. Act, s. 86 (2). apprenticeship. 1900 Act, s. 84. 1900 Act, s. 87 (proviso). (3.) The award shall, by force of this Act, extend to and bind as subsequent party thereto every industrial union, industrial N.Z. Act, s. 86 (3). association, or employer who, not being original party thereto, is at any time, whilst the award is in force, connected with or engaged in the industry to which the award applies within the industrial district to which the award relates. N.Z. Act, s. 87 (3). (4.) The award shall, by force of this Act, also extend to and bind every worker who, not being a member of any industrial union on which the award is binding, is at any time, whilst it is in force, employed by any employer on whom the award is binding; and if any such worker commits any breach of the award he shall be liable to a penalty not exceeding Ten pounds, to be recovered in like manner as if he were a party to the award. (5.) The Court may, in any award made by it, limit the operation of such award to any municipality or area being within or part of any industrial district. (6.) The Court shall in such case have power, on the application of any employer, industrial union, or industrial association in any industrial district within which the award shall have effect, to extend the provisions of such award (if such award shall have been limited in its operation as aforesaid) to any person, employer, industrial Industrial Conciliation and Arbitration. industrial union, or industrial association within such industrial district. Special powers to 85. WITH respect to every award, whether made before or after the commencement of this Act, the Court by order at any extend, or join time during the currency of the award shall have power to amend the provisions of the award for the purpose of remedying any defect therein or of giving fuller effect thereto. parties to an award. N.Z. Act, s. 87. 1900 Act, s. 79. Application may be 86. THE powers by the last preceding section conferred upon the Court may be exercised on the application of any party made to Court by bound by the award. 87. PROCEEDINGS in the Court shall not be impeached or held bad for want of form, nor shall the same be removable to any Court by certiorari or otherwise; and no award, order, or proceeding of the Court, and no regulation of the Governor under section one hundred and twelve, shall be liable to be challenged, appealed against, reviewed, quashed, or called in question by any Court of judicature on any account whatsoever. 88. THE Court in its award, or by order made on the application of any of the parties at any time whilst the award is in force, may fix and determine what shall constitute a breach of the award, and what sum, not exceeding Five hundred pounds, shall be the maximum penalty payable by any party in respect of any breach. any party. Proceedings not to N.Z. Act, s. 90. Court to fix what constitutes breach of award and penalty therefor. 1900 Act, s. 83. N.Z. Act, s. 91. 89. THE Court in its award, or by order made on the applica- Court may prescribe tion of any of the parties at any time whilst the award is in force, minimum rate of may prescribe a minimum rate of wages or other remuneration, with wages. special provision for a lower rate being fixed in the case of any NZ. Act, s. 92. worker who is unable to earn the prescribed minimum: Provided that such lower rate shall in every case be fixed by such tribunal, in such manner, and subject to such provisions as are specified in that behalf in the award or order. 90. IN every case where the Court, in its award or order, directs the payment of costs or expenses it shall fix the amount thereof, and specify the parties or persons by and to whom the same shall be paid. 1900 Act, s. 85. Amount of costs or expenses to be fixed. cond par.) Award under seal to 91. IN all legal and other proceedings, it shall be sufficient to produce the award with the seal of the Court thereto, or a copy be evidence. thereof certified as true by the Clerk of the Court or the Clerk, 1900 Act, s. 81. and it shall not be necessary to prove any conditions precedent N.Z. Act, s. 89. entitling the Court to make the award. 92. Provisions for enforcing awards. 1900 Act, s. 88. N.Z. Act, s. 94. 1900 Act, s. 88 (1). N.Z. Act, s. 94 (1). 1900 Act, s. 88 (2). N.Z. Act, s. 94 (2). 1900 Act, s. 88 (3). N.Z. Act, s. 94 (3). 1900 Act, s. 88 (4). N.Z. Act, s. 94 (4). 1900 Act, s. 88 (5). N.Z. Act, s. 94 (5). 1900 Act, s. 88 (6). N.Z. Act, s. 94 (6). 92. Industrial Conciliation and Arbitration. FOR the purpose of enforcing any award or order of the Court (not being an order under section ninety-four hereof), whether made before or after the commencement of this Act, the following provisions shall apply: (1.) In so far as the award itself imposes a penalty or costs, it shall be deemed to be an order of the Court, and payment shall be enforceable accordingly under the subsequent provisions of this section relating to orders of the Court. (2.) If any party on whom the award is binding commits any breach thereof by act or default, then, subject to the provisions of the last preceding subsection hereof, the Registrar or any party to the award may, by application in the prescribed form, apply to the Court for the enforcement of the award. (3.) On the hearing of such application the Court may by order either dismiss the application or impose such penalty for the breach of the award as it deems just, and in either case with or without costs: Provided that in no case shall costs be given against the Registrar. (4.) If the order imposes a penalty or costs, it shall specify the parties liable to pay the same, and the parties or persons to whom the same shall be payable: (5.) For the purpose of enforcing payment of the penalty and costs payable under any order of the Court, a certificate in the prescribed form, under the hand of the Clerk of the Court and the seal of the Court, specifying the amount payable and the respective parties or persons by and to whom the same is payable, may be filed in any Court having civil jurisdiction, to the extent of such amount, and shall thereupon, according to its tenor, be enforceable in all respects as a final judgment of such Court in its civil jurisdiction: Provided that, for the purpose of enforcing satisfaction of such judgment where there are two or more judg ment creditors thereunder, process may be issued separately by each judgment creditor against the property of his judgment debtor in like manner as in the case of a separate and distinct judgment. (6.) All property belonging to the judgment debtor (including therein, in the case of an industrial union or industrial association, all property held by trustees for the judgment debtor) shall be available in or towards satisfaction of the judgment debt, and if the judgment debtor is an industrial union or an industrial association, and its property Industrial Conciliation and Arbitration. property is insufficient to fully satisfy the judgment Provided that no member shall be liable for more than 1900 Act, s. 88 (7). (7.) For the purpose of giving full effect to the last preceding 1900 Act, s. 25. 93. FOR the purpose of enforcing industrial agreements, Provisions for whether made before or after the commencement of this Act, the enforcing industrial provisions of subsections two to seven of the last preceding section agreements. hereof shall, mutatis mutandis, apply in like manner in all respects as if an industrial agreement were an award of the Court, and the Court shall accordingly have full jurisdiction to deal therewith. 94. THE Court shall have full and exclusive jurisdiction to deal with all offences under either subsection five of section seventyfive, section one hundred and one, section one hundred and two, or section one hundred and six hereof, and for that purpose the following provisions shall apply:— offences. Jurisdiction of 1900 Act, s. 89 (1). (1.) Proceedings to recover the penalty by this Act imposed in Provided that in the case of an offence of contempt of (2.) For the purpose of enforcing any order of the Court made 1900 Act, s. 89 (2). (3.) The provisions of sections eighty-seven and ninety-one General N.Z. Act, s. 96 (3). Disqualification of or Court. Industrial Conciliation and Arbitration. General Provisions as to Board and Court. 95. THE following persons shall be disqualified from being members of Board appointed or elected, or from holding office as chairman or as member of any Board, or a member of the Court; and if so elected or appointed shall be incapable of continuing to be such member or chairman : 1900 Act, s. 29. N.Z. Act, s. 97. (1.) An undischarged bankrupt, or a debtor who has assigned his estate or against whose estate there is a subsisting receiving order in bankruptcy; or (2.) Any person who has been in any part of His Majesty's dominions convicted of any crime for which the punishment is imprisonment with hard labour for a term of two years or upwards; or (3.) Any person of unsound mind; or (4.) An alien. 96. AN industrial dispute shall not be referred to a Board or to the Court by an industrial union or association, nor shall any application be made to the Court by any such union or association for the enforcement of any industrial agreement or award of the Court, unless and until the proposed reference or application has been approved by the members in manner following, that is to say, (1.) In the case of an industrial union, by resolution passed at a special meeting of such union and confirmed by a majority of the votes recorded at a subsequent ballot of the members, held in the prescribed time and manner. The result of such ballot shall be recorded on the minutes; (2.) In the case of an industrial association, by resolution passed at a special meeting of the members of the governing body of such association, and confirmed at special meetings of a majority of the industrial unions represented on such association. (3.) In the case of an industrial union of workers represented on an industrial association, no such reference or application shall be made without the written consent of the governing body of such association. (4.) In the case of an industrial union of workers not so represented, and consisting of less than one hundred and fifty members, no such reference shall be made without the written consent of the registered Trades and Labour Council within the district in which the dispute arises or the industrial agreement was made, as the case may be. 97. |
