The Short Title of this Act is “The Industrial Conciliation and Arbitration Amendment Act, 1901”; and it shall form part of and be read together with “The Industrial Conciliation and Arbitration Act, 1900” (hereinafter called “the principal Act”).

In this Act and in the principal Act, if not inconsistent with the context, “trade-union” means any trade-union registered under “The Trade Union Act, 1878,” whether registered under that Act before the passing of the principal Act or not.

The definition of “worker” in the principal Act is hereby repealed, and the following substituted in lieu thereof:—

Where a company registered out of New Zealand is carrying on business in New Zealand through an agent acting under a power of attorney, such company may be registered as an industrial union of employers, and in such case the provisions of section five of the principal Act shall be deemed to be complied with if the application to register is made under the hand of the agent for the company, and is accompanied by—

Satisfactory evidence of the registration or incorporation of the company;

Two copies of its articles of association or rules;

The situation of its registered office in New Zealand;

A copy of the power of attorney under which such agent is acting; and

A statutory declaration that such power of attorney has not been altered or revoked.

Section twenty-four of the principal Act, relating to parties to industrial agreements, is hereby amended by inserting the words “trade-unions or,” after the words “shall in every case be,” in subsection one thereof.

Section fifty of the principal Act is hereby amended by striking out all the words after the word “Conciliators,” in the fourth line, and substituting the words “shall, on the application of either party to the dispute, and in the prescribed manner, be constituted from time to time to meet any case of industrial dispute.”

The notice of the names of the members and Chairman of the Board shall be inserted in the Gazette by the Registrar; and section forty of the principal Act is hereby amended accordingly.

Section fifty-two of the principal Act, relating to the procedure for reference of an industrial dispute, is hereby amended by inserting the word “barrister” between the word “counsel” and the word “solicitor,” and by inserting the words “whether acting under a power of attorney or otherwise,” after the words “No counsel or solicitor,” in subsection eight thereof, and by inserting at the end of the same subsection the words “or unless be is a bonâ fide employer or worker in the industry to which the dispute relates.”

The oath required by subsection eleven of section fifty-three of the principal Act to be taken by members of the Board may, in the absence of a Judge of the Supreme Court, be taken before a Stipendiary Magistrate or such other person as the Governor from time to time authorises in that behalf.

Section eighty-six of the principal Act, relating to the terms to be specified in an award of the Court, is hereby amended as follows:—

As to subsection one thereof: By inserting the word “trade-union,” next after the words “being in every case each”; and

As to subsection three thereof: By inserting the word “trade-union,” next after the words “subsequent party thereto every.”

Any award in force at the coming into operation of the principal Act shall, notwithstanding the expiration of the currency of such award, continue in force and shall have been deemed to have been in force until a new award shall have been made under the principal Act, except where, subject to the provisions of subsection two of section twenty of the principal Act, the registration of an industrial union of workers bound by such award has been cancelled.

With respect to any award in force at the coming into operation of the principal Act, the Court may, upon notice to any trade-union, industrial union, industrial association, or employer within the district and engaged in the industry to which the award applies, not an original party thereto, extend such award and its provisions to such trade-union, industrial union, industrial association, or employer.

Section eighty-six of the principal Act is hereby amended by the insertion of the following additional paragraphs:—

Section eighty-seven of the principal Act, relating to the power of the Court to extend an award so as to bind persons not parties thereto, is hereby amended by inserting the word “trade-union,” next after the words “as party thereto any specified,” in subsection two thereof.

Section eighty-eight of the principal Act, relating to the application to be made to the Court to extend an award to certain persons, is hereby amended by inserting the word “trade-union,” next after the words “that section, every,” in subsection two thereof.

Proceedings for the enforcement of any industrial agreement, or award, or order of the Court may be taken by the Inspector of Factories of the district, and in any such case it shall not be necessary for a union or association to pass any resolution or take any ballot authorising such proceedings.

Subsection six of section ninety-four of the principal Act, relating to the enforcement of awards, is hereby amended by inserting the words “a trade-union or” next after the words “in the case of,” and also by inserting the words “a trade-union or” next after the words “if the judgment debtor is.”

Section ninety-nine of the principal Act, relating to the special meeting to refer a dispute to the Board or Court, is hereby amended by inserting the words “present at the meeting” next after the words “majority of all the members.”

Section one hundred of the principal Act, preserving the relationship of employer and employed pending the settlement of a dispute is hereby amended—

By inserting at the end of subsection one thereof the words “or anything preliminary to the reference of the dispute, and connected therewith”:

By adding thereto the following subsection—

If an industrial union makes default in forwarding to the Registrar the returns required by section seventeen of the principal Act, and the Registrar has reasonable cause to believe that the union is defunct, he may send by post to the last known officers of the union a letter calling attention to the default, and inquiring whether the union is in existence.

If within two months after sending such letter the Registrar does not receive a reply thereto, or receives a reply from any one or more of the officers to the effect that the union has ceased to exist, he may insert in the Gazette, and send to the last known officers of the union, a notice declaring that the registration of the union will, unless cause to the contrary is shown, be cancelled at the expiration of six weeks from the date of such notice.

At the expiration of the time mentioned in the notice the Registrar may, unless cause to the contrary is shown, strike the name of the union off the register, and shall publish notice thereof in the Gazette, and thereupon the registration of the union shall be cancelled.

Either party to an industrial dispute which has been referred to a Board of Conciliation may, previous to the hearing of such dispute by the Board, file with the Clerk an application in writing requiring the dispute to be referred to the Court of Arbitration, and that Court shall have jurisdiction to settle and determine such dispute in the same manner as if such dispute had been referred to the Court under the provisions of section fifty-eight of the principal Act.

The Registrar may, in any matter arising in or out of the performance of his duties, state a case for the advice and opinion of the Court.

The Board may, in any matter coming before it, state a case for the advice and opinion of the Court.

Where workers engaged upon different trades are employed in any one business of any particular employer, the Court may make one award applicable to such business, and embracing, as the Court may think fit, the whole or part of the various branches constituting the business of such employer. Before the Court shall exercise such power, notice shall be given to the respective industrial unions of workers engaged in any branch of such business.