Industrial Conciliation and Arbitration Acts Compilation Act 1905
Industrial Conciliation and Arbitration Acts Compilation Act 1905
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Industrial Conciliation and Arbitration Acts Compilation Act 1905
Industrial Conciliation and Arbitration Acts Compilation Act 1905
Public Act |
1905 No 32 |
|
Date of assent |
27 October 1905 |
|
Contents
An Act compiling certain Acts of the General Assembly relating to Industrial Conciliation and Arbitration.
Preamble.
WHEREAS by resolution of the Legislative Council, passed on the fifth day of November, one thousand nine hundred and four, it was resolved, inter alia, that the Acts relating to industrial conciliation and arbitration should be compiled under the provisions of “The Statutes Compilation Act, 1902”
: And whereas such resolution was on the same day concurred in by the House of Representatives: And whereas the compiled Act set forth in Appendix B hereto has been certified under the hand of the Solicitor-General as being a true and correct compilation of “The Industrial Conciliation and Arbitration Act, 1900,”
and the amendments thereof specified in Appendix A hereto:
Be it therefore enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Industrial Conciliation and Arbitration Acts Compilation Act, 1905.”
2 Compiled Act enacted.
The enactments specified in Appendix A hereto are hereby repealed, and in lieu thereof the compiled Act set forth in Appendix B hereto is hereby enacted under the title of “The Industrial Conciliation and Arbitration Act, 1905.”
3 Appointments, &c., continued.
In the construction of the compiled Act the Acts hereby repealed shall be deemed to have been repealed by the compiled Act, and such compiled Act shall, from the passing of this Act and until other provision is made, apply to the persons, things, and circumstances appointed or created by and existing or continuing under the Acts hereby repealed, as if the same had been appointed or created or were existing under the compiled Act.
4 Saving of other enactments.
For the purpose of preserving implied repeals and statutory modifications, every provision in the compiled Act shall be construed subject to any enactment to which at the passing hereof such provision was subject in the Act from which it has been compiled.
APPENDICES
APPENDIX A Acts Repealed
1900, No. 51.—“The Industrial Conciliation and Arbitration Act, 1900.”
1901, No. 37.—“The Industrial Conciliation and Arbitration Amendment Act, 1901.”
1903, No. 10.—“The Arbitration Court Emergency Act, 1903.”
1903, No. 62.—“The Industrial Conciliation and Arbitration Amendment Act, 1903.”
1904, No. 53.—“The Industrial Conciliation and Arbitration Amendment Act, 1904.”
APPENDIX B INDUSTRIAL CONCILIATION AND ARBITRATION
Contents
An Act to compile certain Acts relating to the Settlement of Industrial Disputes by Conciliation and Arbitration.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
(1.)
The Short Title of this Act is “The Industrial Conciliation and Arbitration Act, 1905.”
(2.)
This Act is a compilation of the Acts mentioned in the Schedule hereto.
(1.) Preliminary. Interpretation
2 Interpretation.
(1.)
In this Act, if not inconsistent with the context,—
“Board” means a Board of Conciliation for an industrial district constituted under this Act:
“Compiled Acts” means ’ the Acts mentioned in the Schedule hereto:
“Court” means the Court of Arbitration constituted under this Act:
“Employer” includes persons, firms, companies, and corporations employing one or more workers:
“Industrial dispute” means any dispute arising between one or more employers or industrial unions or associations of employers and one or more industrial unions or associations of workers in relation to industrial matters:
“Industrial matters” means all matters affecting or relating to work done or to be done by workers, or the privileges, rights, and duties of employers of workers in any industry, not involving questions which are or may be the subject of proceedings for an indictable 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 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 persons or class of persons, in any industry, or the dismissal of or refusal to employ any particular person or persons or class of persons therein;
(d.)
The claim of members of an industrial union of employers to preference of service from unemployed members of an industrial union of workers;
(e.)
The claim of members of industrial unions of workers to be employed in preference to non-members;
(f.)
Any established custom or usage of any industry, either generally or in the particular district affected:
“Industrial association” means an industrial association registered under this Act:
“Industrial union” means an industrial union registered under this Act:
“Industry” means any business, trade, manufacture, undertaking, calling, or employment in which workers are employed:
“Officer” means president, vice-president, treasurer, or secretary:
“Prescribed” means prescribed by regulations under this Act:
“Registrar” means the Registrar of Industrial Unions under this Act:
“Supreme Court office” means the office of the Supreme Court in the industrial district wherein any matter arises to which such expression relates; and, where there are two such offices in any such district, it means the office which is nearest to the place or locality wherein any such matter arises:
“Trade-union” means any trade-union registered under “The Trade Union Act, 1878,”
whether registered under that Act before or after the coming into operation of this Act:
“Worker” means any person of any age of either sex employed by any employer to do any skilled or unskilled manual or clerical work for hire or reward.
(2.)
In order to remove any doubt as to the application of therefore-going definitions of the terms “employer,”
“industry,”
and “worker,”
it is hereby declared that for all the purposes of this Act an employer shall be deemed to be engaged in an industry when he employs workers who by reason of being so employed are themselves engaged in that industry, whether he employs them in the course of his trade or business or not.
Administration
3 Minister for Labour to administer Act.
The Minister for Labour shall have the general administration of this Act.
4 Secretary for Labour to be Registrar.
(1.)
The Registrar shall be the person who for the time being holds the office of Secretary for Labour, or such other person as the Governor from time to time appoints to be Registrar.
Registrar may state case.
(2.)
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.
Deputy Registrar.
(3.)
The Governor may from time to time appoint some fit person to be Deputy Registrar, who shall, under the control of the Registrar, perform such general official duties as he is called upon to perform under this Act or by the Registrar, and who in case of the illness, absence, or other temporary incapacity of the Registrar shall act in his name and on his behalf, and while so acting shall have and may exercise all the powers, duties, and functions of the Registrar.
(2.) Registration. Industrial Unions
5 What societies may be registered.
Subject to the provisions of this Act, any society consisting of not less than two persons in the case of employers, or seven in the case of workers, lawfully associated for the purpose of protecting or furthering the interests of employers or workers in or in connection with any specified industry or industries in New Zealand, may be registered as an industrial union under this Act on compliance with the following provisions:—
Mode of application and terms of rules.
(a.)
An application for registration shall be made to the Registrar in writing, stating the name of the proposed industrial union, and signed by two or more officers of the society.
(b.)
Such application shall be accompanied by—
(i.)
A list of the members and officers of the society:
(ii.)
Two copies of the rules of the society:
(iii.)
A copy of a resolution passed by a majority of the members present at a general meeting of the society, specially called in accordance with the rules for that purpose only, and desiring registration as an industrial union of employers, or, as the case may be, of workers.
(c.)
Such rules shall specify the purposes for which the society is formed, and shall provide for—
(i.)
The appointment of a committee of management, a chairman, secretary, and any other necessary officers, and, if thought fit, of a trustee or trustees:
(ii.)
The powers, duties, and removal of the committee, and of any chairman, secretary, or other officer or trustee, and the mode of supplying vacancies:
(iii.)
The manner of calling general or special meetings, the quorum thereat, the powers thereof, and the manner of voting thereat:
(iv.)
The mode in which industrial agreements and any other instruments shall be made and executed on behalf of the society, and in what manner the society shall be represented in any proceedings before a Board or the Court:
(v.)
The custody and use of the seal, including power to alter or renew the same:
(vi.)
The control of the property, the investment of the funds, and an annual or other shorter periodical audit of the accounts:
(vii.)
The inspection of the books and the names of the members by every person having an interest in the funds:
(viii.)
A register of members, and the mode in which and the terms on which persons shall become or cease to be members, and so that no member shall discontinue his membership without giving at least three months’ previous written notice to the secretary of intention so to do, nor until such member has paid all fees, fines, levies, or other dues payable by him under the rules, except pursuant to a clearance card duly issued in accordance with the rules:
(ix.)
The purging of the rolls by striking off any members in arrears of dues for twelve months; but this is not to free such discharged persons from arrears due:
(x.)
The conduct of the business of the society at some convenient address to be specified, and to be called “the registered office of the society”
:
(xi.)
The amendment, repeal, or alteration of the rules, but so that the foregoing requisites of this paragraph shall always be provided for:
(xii.)
Any other matter not contrary to law.
6 Registration of society.
(1.)
On being satisfied that the society is qualified to register under this Act, and that the provisions of the last preceding section hereof have been complied with, the Registrar shall, without fee, register the society as an industrial union pursuant to the application, and shall issue a certificate of registration, which, unless proved to have been cancelled, shall be conclusive evidence of the fact of such registration and of the validity thereof.
(2.)
The Registrar shall at the same time record the rules, and also the situation of the registered office.
7 Incorporation of society.
(1.)
Every society registered as an industrial union shall, as from the date of registration, but solely for the purposes of this Act, become a body corporate by the registered name, having perpetual succession and a common seal, until the registration is cancelled as hereinafter provided.
(2.)
There shall be inserted in the registered name of every industrial union the word “employers”
or “workers,”
according as such union is a union of employers or workers, and also (except in the case of an incorporated company) the name of the industry in connection with which it is formed, and the locality in which the majority of its members reside or exercise their calling, as thus: “The [Christchurch Grocers’] Industrial Union of Employers”
; “The [Wellington Tram-drivers’] Industrial Union of Workers.”
8 Special provisions as to registering trade-unions.
With respect to trade-unions registered under “The Trade Union Act, 1878,”
the following special provisions shall apply, anything hereinbefore contained to the contrary notwithstanding:—
(a.)
Any such trade-union may be registered under this Act by the same name (with the insertion of such additional words as aforesaid).
(b.)
For the purposes of this Act every branch of a trade-union shall be considered a distinct union, and may be separately registered as an industrial union under this Act.
(c.)
For the purposes of this Act the rules for the time being of the trade-union, with such addition or modification as may be necessary to give effect to this Act, shall, when recorded by the Registrar, be deemed to be the rules of the industrial union.
9 Special provisions as to registering societies of employers.
With respect to the registration of societies of employers the following special provisions shall apply:—
(a.)
In any case where a copartnership firm is a member of the society, each individual partner residing in New Zealand shall be deemed to be a member, and the name of each such partner (as well as that of the firm) shall be set out in the list of members accordingly, as thus: “Watson, Brown, and Company, of Wellington, boot-manufacturers; the firm consisting of four partners, of whom the following reside in New Zealand—that is to say, John Watson, of Wellington, and Charles Brown, of Christchurch”
: Provided that this paragraph shall not apply where the society to be registered is an incorporated company.
(b.)
Except where its articles or rules expressly forbid the same, any company incorporated under any Act may be registered as an industrial union of employers, and in such case the provisions of section five hereof shall be deemed to be sufficiently complied with if the application for registration is made under the seal of the company, and pursuant to a resolution of the board of directors, and is accompanied by—
(i.)
A copy of such resolution;
(ii.)
Satisfactory evidence of the registration or incorporation of the company;
(iii.)
Two copies of the articles of association or rules of the company;
(iv.)
A list containing the names of the directors, and of the manager or other principal executive officer of the company;
(v.)
The situation of the registered office of the company.
Registration of a foreign company represented by agent.
(c.)
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 hereof 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—
(i.)
Satisfactory evidence of the registration or incorporation of the company;
(ii.)
Two copies of its articles of association or rules;
(iii.)
The situation of its registered office in New Zealand;
(iv.)
A copy of the power of attorney under which such agent is acting; and
(v.)
A statutory declaration that such power of attorney has not been altered or revoked.
(d.)
In so far as the articles or rules of any such company are repugnant to this Act they shall, on the registration of the company as an industrial union of employers, be construed as applying exclusively to the company and not to the industrial union.
10 Societies not to be registered under similar names.
In no case shall an industrial union be registered under a name identical with that by which any other industrial union has been registered under this Act, or by which any other trade-union has been registered under “The Trade Union Act, 1878,”
or so nearly resembling any such name as to be likely to deceive the members or the public.
11 Provision to prevent multiplicity of unions.
In order to prevent the needless multiplication of industrial unions connected with the same industry in the same locality or industrial district, the following special provisions shall apply:—
(a.)
The Registrar may refuse to register an industrial union in any case where he is of opinion that in the same locality or industrial district and connected with the same industry there exists an industrial union to which the members of such industrial union might conveniently belong:
Provided that the Registrar shall forthwith notify such registered industrial union that an application for registration has been made.
(b.)
Such industrial union, if dissatisfied with the Registrar’s refusal, may in the prescribed manner appeal therefrom to the Court, whereupon the Court, after making full inquiry, shall report to the Registrar whether in its opinion his refusal should be insisted on or waived, and the Registrar shall be guided accordingly:
Provided that it shall he on the industrial union to satisfy the Court that, owing to distance, diversity of interest, or other substantial reason, it will be more convenient for the members to register separately than to join any existing industrial union.
12 Effect of registration.
The effect of registration shall be to render the industrial union, and all persons who are members thereof at the time of registration, or who after such registration become members thereof, subject to the jurisdiction by this Act given to a Board and the Court respectively and liable to all the provisions of this Act, and all such persons shall be bound by the rules of the industrial union during the continuance of their membership.
13 Amendment of rules.
(1.)
Copies of all amendments or alterations of the rules of an industrial union shall, after being verified by the secretary or some other officer of the industrial union, be sent to the Registrar, who shall record the same upon being satisfied that the same are not in conflict with the requirements of this Act.
Printed copies to be supplied.
(2.)
A printed copy of the rules of the industrial union shall be delivered by the secretary to any person requiring the same on payment of a sum not exceeding one shilling.
(3.)
In all proceedings affecting the industrial union, primâ facie evidence of the rules and their validity may be given by the production of what purports to be a copy thereof, certified as a true copy under the seal of the union and the hand of the secretary or any other officer thereof.
14 Registered office and branch office of industrial union.
(1.)
In addition to its registered office, an industrial union may also have a branch office in any industrial district in which any of its members reside or exercise their calling.
(2.)
Upon application in that behalf by the union, under its seal and the hand of its chairman or secretary, specifying the situation of the branch office, the Registrar shall record the same, and thereupon the branch office shall be deemed to be registered.
(3.)
The situation of the registered office and of each registered branch office of the industrial union may be changed from time to time by the committee of management, or in such other manner as the rules provide.
(4.)
Every such change shall be forthwith notified to the Registrar by the secretary of the union, and thereupon the change shall be recorded by the Registrar.
15 Members may be sued for fees or dues.
All fees, fines, levies, or dues payable to an industrial union by any member thereof under its rules may, in so far as they are owing for any period of membership subsequent to the registration of the society under this Act, be sued for and recovered in the name of the union in any Court of competent jurisdiction by the secretary or the treasurer of the union, or by any other person who is authorised in that behalf by the committee of management or by the rules.
16 Power to purchase or lease land.
An industrial union may purchase or take on lease, in the name of the union or of trustees for the union, any house or building, and any land not exceeding five acres, and may sell, mortgage, exchange, or let the same or any part thereof; and no person shall be bound to inquire whether the union or the trustees have authority for such sale, mortgage, exchange, or letting; and the receipt of the union or the trustees shall be a discharge for the money arising therefrom.
17 Industrial unions to send half-yearly list of members and officers to Registrar.
(1.)
In the month of January in every year there shall be forwarded to the Registrar by every industrial union a list of the members and officers (including trustees) of such union, as at the close of the last preceding month:
Provided that in the case of an incorporated company it shall be sufficient if the list contains the names of the directors and of the manager or other principal executive officer of the company:
Provided further that an industrial union of workers shall not return as a member any worker whose subscription is twelve months in arrear.
(2.)
Each such list shall be verified by the statutory declaration of the chairman or secretary of the union.
(3.)
Such statutory declaration shall be primâ facie evidence of the truth of the matters herein set forth.
Fine.
(4.)
Every industrial union making default in duly forwarding such list commits an offence against this Act, and is liable to a fine not exceeding two pounds for every week during which such default continues.
(5.)
Every member of the committee of management of any such union who wilfully permits such default commits an offence against this Act, and is liable to a fine not exceeding five shillings for every week during which he wilfully permits such default.
(6.)
Proceedings for the recovery of any such fine shall be taken in a summary way under “The Justices of the Peace Act, 1882,”
on the information or complaint of the Registrar, and the amount recovered shall be paid into the Public Account and form part of the Consolidated Fund: Provided that before taking the proceedings the Registrar shall give at least fourteen days’ notice to the offending parties of his intention so to do.
(7.)
It shall be the duty of the Registrar to supply to Parliament, within thirty days after its meeting in each year, a return showing the number of members in each industrial union registered under the Act.
18 Industrial union may sue in registered name.
Service of notices.
Every industrial union may sue or be sued for the purposes of this Act by the name by which it is registered; and service of any process, notice, or document of any kind may be effected by delivering the same to the chairman or secretary of such union, or by leaving the same at its registered office (not being a branch office), or by posting the same to such registered office in a duly registered letter addressed to the secretary of the union.
19 Mode of executing deeds and instruments.
Deeds and instruments to be executed by an industrial union for the purposes of this Act may be made and executed under the seal of the union and the hands of the chairman and secretary thereof, or in such other manner as the rules of the union prescribe.
20 Procedure for cancellation of registration.
Any industrial union may at any time apply to the Registrar in the prescribed manner for a cancellation of the registration thereof, and thereupon the following provisions shall apply:—
(a.)
The Registrar, after giving six weeks’ public notice of his intention to do so, may, by notice in the Gazette, cancel such registration:
Provided that in no case shall the registration be cancelled during the progress of any conciliation or arbitration proceedings affecting such union until the Board or Court has given its decision or made its award, nor unless the Registrar is satisfied that the cancellation is desired by a majority of the members of the union.
(b.)
The effect of the cancellation shall be to dissolve the incorporation of the union, but in no case shall the cancellation or dissolution relieve the industrial union, or any member thereof, from the obligation of any industrial agreement, or award or order of the Court, nor from any penalty or liability incurred prior to such cancellation.
21 Cancellation of registration of defunct union.
(1.)
If an industrial union makes default in forwarding to the Registrar the returns required by section seventeen hereof, 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.
(2.)
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.
(3.)
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.
Industrial Associations
22 Councils representing unions may be registered.
Any council or other body, however designated, representing not less than two industrial unions of the one industry of either employers or workers may be registered as an industrial association of employers or workers under this Act.
23 Application of prior provisions.
All the provisions of this Act relating to industrial unions, their officers and members, shall, mutatis mutandis, extend and apply to an industrial association, its officers and members, and these provisions shall be read and construed accordingly in so far as the same are applicable:
Provided that an industrial association shall not be entitled to nominate or vote for the election of members of a Board, or to recommend the appointment of a member of the Court.
(3.) Industrial Disputes in Related Trades
24 Industrial disputes in related trades.
(1.)
An industrial dispute may relate either to the industry in which the party by whom the dispute is referred for settlement to a Board or the Court, as hereinafter provided, is engaged or concerned, or to any industry related thereto.
(2.)
An industry shall be deemed to be related to another where both of them are branches of the same trade, or are so connected that industrial matters relating to the one may affect the other: thus, bricklaying, masonry, carpentering, and painting are related industries, being all branches of the building trade, or being so connected as that the conditions of employment or other industrial matters relating to one of them may affect the others.
(3.)
The Governor may from time to time, by notice in the Gazette, declare any specified industries to be related to one another, and such industries shall be deemed to be related accordingly.
(4.)
The Court shall also in any industrial dispute have jurisdiction to declare industries to be related to one another.
(4.) Industrial Agreements
25 Parties to industrial agreements defined.
(1.)
The parties to industrial agreements under this Act shall in every case be trade-unions or industrial unions or industrial associations or employers; and any such agreement may provide for any matter or thing affecting any industrial matter, or in relation thereto, or for the prevention or settlement of an industrial dispute.
Term and form of agreement.
(2.)
Every industrial agreement shall be for a term to be specified therein, not exceeding three years from the date of the making thereof, as specified therein, and shall commence as follows; “This industrial agreement, made in pursuance of ‘The Industrial Conciliation and Arbitration Act, 1905,’ this day of , between ”
; and then the matters agreed upon shall be set out.
Date of agreement.
(3.)
The date of the making of the industrial agreement shall be the date on which it is executed by the party who first executes it; and such date, and the names of all the original parties thereto, shall be truly stated therein.
Industrial agreement to continue in force till superseded.
(4.)
Notwithstanding the expiry of the term of the industrial agreement, it shall continue in force until superseded by another industrial agreement or by an award of the Court, except where, pursuant to the provisions of section twenty or twenty-one hereof, the registration of an industrial union of workers bound by such agreement has been cancelled.
26 Duplicate to be filed.
A duplicate original of every industrial agreement shall, within thirty days after the making thereof, be filed in the office of the Clerk of the industrial district where the agreement is made.
27 Parties to agreement may be added.
At any time whilst the industrial agreement is in force any industrial union or industrial association or employer may become party thereto by filing in the office wherein such agreement is filed a notice in the prescribed form, signifying concurrence with such agreement.
28 On whom agreement binding.
Every industrial agreement duly made, executed, and filed shall be binding on the parties thereto, and also on every member of any industrial union or industrial association which is party thereto.
29 Agreements may be varied, renewed, or cancelled.
Every industrial agreement, whether made under this Act or under any of the compiled Acts or any Act thereby repealed, may be varied, renewed, or cancelled by any subsequent industrial agreement made by and between all the parties thereto, but so that no party shall be deprived of the benefit thereof by any subsequent industrial agreement to which he is not a party.
30 Enforcement of agreements.
Industrial agreements shall be enforceable in manner provided by section one hundred and one of this Act, and not otherwise.
(5.) Conciliation and Arbitration. Districts and Clerks
31 Constitution of industrial districts.
(1.)
The Governor may from time to time, by notice in the Gazette, constitute and divide New Zealand or any portion thereof into such industrial districts, with such names and boundaries, as he thinks fit.
(2.)
All industrial districts constituted under any of the compiled Acts and existing at the commencement of this Act shall be deemed to be constituted under this Act.
32 Alteration of boundaries.
If any industrial district is constituted by reference to the limits or boundaries of any other portion of the colony defined or created under any Act, then, in case of the alteration of such limits or boundaries, such alteration shall take effect in respect of the district constituted under this Act without any further proceeding, unless the Governor otherwise determines.
33 Clerk of Awards for each district.
(1.)
In and for every industrial district the Governor shall appoint a Clerk of Awards (elsewhere in this Act referred to as “the Clerk”
), who shall be paid such salary or other remuneration as the Governor thinks fit, and shall be subject to the control and direction of the Registrar.
(2.)
Every Clerk appointed under any of the compiled Acts and in office at the commencement of this Act shall be deemed to be appointed under this Act.
34 May hold office in conjunction with other office.
The office of Clerk may be held either separately or in conjunction with any other office in the public service, and in the latter case the Clerk may, if the Governor thinks fit, be appointed not by name but by reference to such other office, whereupon the person who for the time being holds such office or performs its duties shall by virtue thereof be the Clerk.
35 Duties of Clerk.
It shall be the duty of the Clerk—
(a.)
To receive, register, and deal with all applications within his district lodged for reference of any industrial dispute to the Board or to the Court;
(b.)
To convene the Board for the purpose of dealing with any such dispute;
(c.)
To keep a register in which shall be entered the particulars of all references and settlements of industrial disputes made to and by the Board, and of all references, awards, and orders made to and by the Court;
(d.)
To forward from time to time to the Registrar copies of or abstracts from the register;
(e.)
To issue all summonses to witnesses to give evidence before the Board or Court, and to issue all notices and perform all such other acts in connection with the sittings of the Board or Court as are prescribed, or as the Court, the Board, or the Registrar directs; and
(f.)
Generally to do all such things and take all such proceedings as are prescribed by this Act or the regulations thereunder, or as the Court, the Board, or the Registrar directs.
Boards of Conciliation
36 District Boards to be constituted.
In and for every industrial district there shall be established a Board of Conciliation, which shall have jurisdiction for the settlement of any industrial dispute which arises in such district and is referred to the Board under the provisions in that behalf hereinafter contained.
37 Number of members of Board, and election.
The Board of each industrial district shall consist of such unequal number of persons as the Governor determines, being not more than five, of whom—
(a.)
One (being the Chairman) shall be elected by the other members in manner hereinafter provided; and
(b.)
The other members shall, in manner hereinafter provided, be elected by the respective industrial unions of employers and of workers in the industrial district, such unions voting separately and electing an equal number of such members:
Provided that an industrial union shall not be entitled to vote unless its registered office has been recorded as aforesaid for at least three months next preceding the date fixed for the election.
38 Term of office.
(1.)
The ordinary term of office of the members of the Board shall be three years from the date of the election of the Board, or until their successors are elected as hereinafter provided, but they shall be eligible for re-election.
Existing Boards continued in office.
(2.)
Every Board established under any of the compiled Acts and existing at the commencement of this Act shall be deemed to be established under this Act, and the members thereof then in office shall so continue until the expiry of their ordinary term of office under such compiled Act or until their successors are elected under this Act, but they shall be eligible for re-election.
39 Provisions for ordinary elections.
With respect to the ordinary election of the members of the Board (other than the Chairman) the following provisions shall apply:—
(a.)
The Clerk shall act as Returning Officer, and shall do all things necessary for the proper conduct of the election.
(b.)
The first ordinary election shall be held within not less than twenty nor more than thirty days after the constitution of the district in the case of districts hereafter constituted, and before the expiry of the current ordinary term of office in the case of existing Boards.
(c.)
Each subsequent ordinary election shall in every case be held within not less than twenty nor more than thirty days before the expiry of the current ordinary term of office.
(d.)
The Governor may from time to time extend the period within which any election shall be held for such time as he thinks fit, anything hereinbefore contained to the contrary notwithstanding.
(e.)
The Returning Officer shall give fourteen days’ notice, in one or more newspapers circulating in the district, of the day and place of election.
(f.)
For the purposes of each election the Registrar shall compile and supply to the Returning Officer a roll setting forth the name of every industrial union entitled to vote, and every such union, but no other, shall be entitled to vote accordingly.
(g.)
The roll shall be supplied as aforesaid not less than fourteen days before the day fixed for the election, and shall be open for free public inspection at the office of the Clerk during office hours, from the day on which it is received by the Clerk until the day of the election.
(h.)
Persons shall be nominated for election in such manner as the rules of the nominating industrial union prescribe, or, if there is no such rule, nominations shall be made in writing under the seal of the union and the hand of its chairman or secretary.
(i.)
An industrial union not entitled to vote shall not be entitled to nominate.
(j.)
Each nomination shall be lodged with the Returning Officer not later than five o’clock in the afternoon of the fourth day before the day of election, and shall be accompanied by the written consent of the person nominated.
(k.)
Forms of nomination shall be provided by the Returning Officer on application to him for that purpose.
(l.)
The Returning Officer shall give notice of the names of all persons validly nominated, by affixing a list thereof on the outside of the door of his office during the three days next preceding the day of election.
(m.)
If it appears that the number of persons validly nominated does not exceed the number to be elected, the Returning Officer shall at once declare such persons elected.
(n.)
If the number of persons validly nominated exceeds the number to be elected, then votes shall be taken as hereinafter provided.
(o.)
The vote of each industrial union entitled to vote shall be signified by voting-paper under the seal of the union and the hands of the chairman and secretary.
(p.)
The voting-paper shall be lodged with or transmitted by post for otherwise to the Returning Officer at his office, so as to reach his office not later than five o’clock in the afternoon of the day of the election; and the Returning Officer shall record the same in such manner as he thinks fit.
(q.)
Every voting-paper with respect to which the foregoing requirements of this section are not duly complied with shall be deemed to be informal.
(r.)
Each industrial union shall have as many votes as there are persons to be elected by its division.
(s.)
Such votes may be cumulative, and the persons, not exceeding the number to be elected, having the highest aggregate number of valid votes in each division shall be deemed elected.
(t.)
In any case where two or more candidates in the same division have an equal number of valid votes, the Returning Officer, in order to complete the election, shall give a casting-vote.
(u.)
As soon as possible after the votes of each division of industrial unions have been recorded, the Returning Officer shall reject all informal votes, and ascertain what persons have been elected as before provided, and shall state the result in writing, and forthwith affix a notice thereof on the door of his office.
(v.)
If any question or dispute arises touching the right of any industrial union to vote, or the validity of any nomination or vote, or the mode of election or the result thereof, or any matter incidentally arising in or in respect of such election, the same may in the prescribed manner be referred to the Returning Officer at any time before the gazetting of the notice of the election of the members of the Board as hereinafter provided, and the decision of the Returning Officer shall be final.
(w.)
Except as aforesaid, no such question or dispute shall be raised or entertained.
(x.)
In case any election is not completed on the day appointed, the Returning Officer may adjourn the election, or the completion thereof, to the next or any subsequent day, and may then proceed with the election.
(y.)
The whole of the voting-papers used at the election shall be securely kept by the Returning Officer during the election, and thereafter shall be put in a packet and kept until the gazetting of the notice last aforesaid, when he shall cause the whole of them to be effectually destroyed.
(z.)
Neither the Returning Officer nor any person employed by him shall at any time (except in discharge of his duty or in obedience to the process of a Court of law) disclose for whom any vote has been tendered, or retain possession of or exhibit any voting-paper used at the election, or give to any person any information on any of the matters herein mentioned.
(aa.)
If any person commits any breach of the last preceding paragraph he is liable to a fine not exceeding twenty pounds, to be recovered and applied as specified in subsection six of section seventeen hereof.
40 Meeting for election of Chairman.
(1.)
As soon as practicable after the election of the members of the Board, other than the Chairman, the Clerk shall appoint a time and place for the elected members to meet for the purpose of electing a Chairman, and shall give to each such member at least three days’ written notice of the time and place so appointed.
(2.)
At such meeting the members shall, by a majority of the votes of the members present, elect some impartial person who is willing to act, not being one of their number, to be Chairman of the Board.
41 Notice of election of Board to be gazetted.
(1.)
As soon as practicable after the election of the Chairman the Clerk shall transmit to the Registrar a list of the names of the respective persons elected as members and as Chairman of the Board, and the Registrar shall cause notice thereof to be gazetted.
(2.)
Such notice shall be final and conclusive for all purposes, and the date of gazetting of such notice shall be deemed to be the date of the election of the Board.
42 Resignation of member.
Any member of the Board may resign, by letter to the Registrar, and the Registrar shall thereupon report the matter to the Clerk.
43 Casual vacancies.
If the Chairman or any member of the Board—
(a.)
Dies; or
(b.)
Resigns; or
(c.)
Becomes disqualified or incapable under section one hundred and four hereof; or
(d.)
Is proved to be guilty of inciting any industrial union or employer to commit any breach of an industrial agreement or award; or
(e.)
Is absent during four consecutive sittings of the Board,—
his office shall thereby become vacant, and the vacancy thereby caused shall be deemed to be a casual vacancy.
44 How casual vacancy to be filled.
(1.)
Every casual vacancy shall be filled by the same electing authority, and, as far as practicable, in the same manner and subject to the same provisions, as in the case of the vacating member.
(2.)
Upon any casual vacancy being reported to the Clerk he shall take all such proceedings as may be necessary in order that the vacancy may be duly supplied by a fresh election:
Provided that the person elected to supply the vacancy shall hold office only for the residue of the term of the vacating member.
45 No member of a Board to be nominated for another Board.
If any person being a member of one Board allows himself to be nominated for election as a member of another Board his nomination shall be void; and if he is so elected his election shall be void.
46 Governor may appoint on failure to elect Chairman or member.
In any case where the Registrar is satisfied that for any reason the proper electing authority has failed or neglected to duly elect a Chairman or other member of the Board, or that his election is void, the Governor may by notice in the Gazette appoint a fit person to be such Chairman or other member, and for the purposes of this Act every Chairman or other member so appointed shall be deemed to be elected, and shall hold office for the unexpired residue of the ordinary term of office.
47 Quorum of Board.
The presence of the Chairman and of not less than one-half in number of the other members of the Board, including one of each side, shall be necessary to constitute a quorum at every meeting of the Board subsequent to the election of the Chairman:
Absence of Chairman.
Provided that in the case of the illness or absence of the Chairman the other members may elect one of their own number to be Chairman during such illness or absence.
48 Mode of voting.
In all matters coming before the Board the decision of the Board shall be determined by a majority of the votes of the members present, exclusive of the Chairman, except in the case of an equality of such votes, in which case the Chairman shall have a casting-vote.
49 Acts of Board not to be questioned for informality.
The Board may act notwithstanding any vacancy in its body, and in no case shall any act of the Board be questioned on the ground of any informality in the election of a member, or on the ground that the seat of any member is vacant, or that any supposed member is incapable of being a member.
50 Term of office of Board may be extended if engaged in hearing dispute.
In any case where the ordinary term of office expires or is likely to expire whilst the Board is engaged in the investigation of any industrial dispute, the Governor may, by notice in the Gazette, extend such term for any time not exceeding one month, in order to enable the Board to dispose of such dispute, but for no other purpose:
Provided that all proceedings for the election of the Board’s successors shall be taken in like manner in all respects as if such term were not extended, and also that any member of the Board whose term is extended shall be eligible for nomination and election to the new Board.
Special Boards of Conciliators
51 Special Boards may be created in certain cases.
Notwithstanding anything hereinbefore contained, it is hereby declared that in any part of New Zealand, whether included in a district or not, and whether a Board of Conciliation has been duly constituted or not, a special Board of Conciliators 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.
52 Preceding provisions applied subject to certain modifications.
All the provisions of this Act relating to a Board of Conciliation, its constitution, election, jurisdiction, and powers, shall, mutatis mutandis, apply to a special Board of Conciliators, subject nevertheless to such modifications as are prescribed, and also to the modifications following, that is to say,—
(a.)
The Returning Officer shall be appointed by the Governor.
(b.)
The members of the special Board, who shall be experts in the particular trade under dispute (other than the Chairman), shall, in the prescribed manner, be elected in equal numbers by the employers and industrial unions of employers directly interested in the dispute, and by the industrial unions of workers so interested.
(c.)
All or any of the members of the special Board may be members of an existing Board of Conciliation.
(d.)
The members of the special Board shall in each case vacate their office on the settlement of the dispute.
Functions and Procedure of Conciliation Boards
53 Procedure for reference of industrial dispute to Board.
Any industrial dispute may be referred for settlement to a Board by application in that behalf made by any party thereto, and with respect to such application and reference the following provisions shall apply:—
(a.)
The application shall be in the prescribed form, and shall be filed in the office of the Clerk for the industrial district wherein the dispute arose.
(b.)
If the application is made pursuant to an industrial agreement, it shall specify such agreement by reference to its date and parties, and the date and place of the filing thereof.
(c.)
The parties to such dispute shall in every case be trade-unions, industrial unions, or industrial associations, or employers:
But the mention of the various kinds of parties shall not be deemed to interfere with any arrangement thereof that may be necessary to insure the industrial dispute being brought in a complete shape before the Board; and a party may be withdrawn, or removed, or joined at any time before the final report or recommendation of the Board is made, and the Board may make any recommendation or give any direction for any such purpose accordingly.
(d.)
As soon as practicable after the filing of the application the Clerk shall lay the same before the Board at a meeting thereof to be convened in the prescribed manner.
(e.)
An employer being a party to the reference may appear in person, or by his agent duly appointed in writing for that purpose, or by barrister or solicitor where allowed as hereinafter provided.
(f.)
A trade-union, industrial union, or association being a party to the reference may appear by its chairman or secretary, or by any number of persons (not exceeding three) appointed in writing by the chairman, or in such other manner as the rules prescribe, or by barrister or solicitor where allowed as hereinafter provided.
(g.)
Except where hereinafter specially provided, every party appearing by a representative shall be bound by the acts of such representative.
(h.)
No barrister or solicitor, whether acting under a power of attorney or otherwise, shall be allowed to appear or be heard before a Board, or any committee thereof, unless all the parties to the reference expressly consent thereto, or unless he is a bonâ fide employer or worker in the industry to which the dispute relates.
54 Powers and duties of Board for hearing dispute.
In every case where an industrial dispute is duly referred to a Board for settlement the following provisions shall apply:—
(a.)
The Board shall, in such manner as it thinks fit, carefully and expeditiously inquire into the dispute, and all matters affecting the merits thereof and the right settlement thereof.
(b.)
For the purposes of such inquiry the Board shall have all the powers of summoning witnesses, administering oaths, compelling hearing and receiving evidence, and preserving order, which are by this Act conferred on the Court, save and except the production of books.
(c.)
In the course of such inquiry the Board may make all such suggestions and do all such things as it deems right and proper for inducing the parties to come to a fair and amicable settlement of the dispute, and may adjourn the proceedings for any period the Board thinks reasonable to allow the parties to agree upon some terms of settlement.
(d.)
The Board may also, upon such terms as it thinks fit, refer the dispute to a committee of its members, consisting of an equal number of the representatives of employers and workers, in order that such committee may facilitate and promote an amicable settlement of the dispute.
(e.)
If a settlement of the dispute is arrived at by the parties it shall be set forth in an industrial agreement, which shall be duly executed by all the parties or their attorneys (but not by their representatives), and a duplicate original whereof shall be filed in the office of the Clerk within such time as is named by the Board in that behalf.
(f.)
If such industrial agreement is duly executed and filed as aforesaid, the Board shall report to the Clerk of Awards that the dispute has been settled by industrial agreement.
(g.)
If such industrial agreement is not duly executed and filed as aforesaid, the Board shall make such recommendation for the settlement of the dispute, according to the merits and substantial justice of the case, as the Board thinks fit.
(h.)
The Board’s recommendation shall deal with each item of the dispute, and shall state in plain terms, avoiding as far as possible all technicalities, what in the Board’s opinion should or should not be done by the respective parties concerned.
(i.)
The Board’s recommendation shall also state the period during which the proposed settlement should continue in force, being in no case less than six months nor more than three years, and also the date from which it should commence, being not sooner than one month nor later than three months after the date of the recommendation.
(j.)
The Board’s report or recommendation shall be in writing under the hand of the Chairman, and shall be delivered by him to the Clerk within two months after the day on which the application for the reference was filed, or within such extended period, not exceeding one additional month, as the Board thinks fit.
(k.)
Before entering upon the exercise of the functions of their office the members of the Board, including the Chairman, shall make oath or affirmation before a Judge of the Supreme Court that they will faithfully and impartially perform the duties of their office, and also that except in the discharge of their duties they will not disclose to any person any evidence or other matter brought before the Board: Provided that in the absence of a Judge of the Supreme Court such oath or affirmation may be taken before a Magistrate or such other person as the Governor from time to time authorises in that behalf.
55 Report or recommendation of Board to be filed.
Upon receipt of the Board’s report or recommendation the Clerk shall (without fee) file the same, and allow all the parties to have free access thereto for the purpose of considering the same and taking copies thereof, and shall, upon application, supply certified copies for a prescribed fee.
56 Procedure if parties accept Board′s recommendation.
If all or any of the parties to the reference are willing to accept the Board’s recommendation, either as a whole or with modifications, they may, at any time before the dispute is referred to the Court under the provisions in that behalf hereinafter contained, either execute and file an industrial agreement in settlement of the dispute or file in the office of the Clerk a memorandum of settlement.
57 Memorandum of settlement.
With respect to such memorandum of settlement the following provisions shall apply:—
(a.)
It shall be in the prescribed form, and shall be executed by all or any of the parties or their attorneys (but not by their representatives).
(b.)
It shall state whether the Board’s recommendation is accepted as a whole or with modifications, and in the latter case the modifications shall be clearly and specifically set forth therein.
(c.)
Upon the memorandum of settlement being duly executed and filed the Board’s recommendation shall, with the modifications (if any) set forth in such memorandum, operate and be enforceable in the same manner in all respects as an industrial agreement duly executed and filed by the parties.
58 Memorandum of consent to accept Board′s recommendation.
At any time before the Board’s recommendation is filed all or any of the parties to the reference may by memorandum of consent in the prescribed form, executed by themselves or their attorneys (but not by their representatives), and filed in the office of the Clerk, agree to accept the recommendation of the Board, and in such case the Board’s recommendation, when filed, shall operate and be enforceable in the same manner in all respects as an industrial agreement duly executed and filed by the parties.
59 Reference to Court if dispute not settled by Board.
With respect to every industrial dispute which, having been duly referred to the Board, is not settled under the provisions for settlement hereinbefore contained, the following special provisions shall apply:—
(a.)
At any time within one month after the filing of the Board’s recommendation any of the parties may, by application in the prescribed form filed in the office of the Clerk, refer such dispute to the Court for settlement, and thereupon such dispute shall be deemed to be before the Court.
(b.)
If at the expiration of such month no such application has been duly filed, then on and from the date of such expiration the Board’s recommendation shall operate and be enforceable in the same manner in all respects as an industrial agreement duly executed and filed by the parties.
60 Power to refer dispute direct to Court.
Notwithstanding anything to the contrary in this Act, 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-nine hereof.
61 Board may state case.
The Board may, in any matter coming before it, state a case for the advice and opinion of the Court.
62 Court of Arbitration.
There shall be one Court of Arbitration (in this Act called “the Court”
) for the whole of New Zealand for the settlement of industrial disputes pursuant to this Act.
63 Seal.
The Court shall have a seal, which shall be judicially noticed in all Courts of judicature and for all purposes.
64 Constitution of Court.
The Court shall consist of three members, who shall be appointed by the Governor.
65 Mode of appointment.
(1.)
Of the three members of the Court one shall be appointed on the recommendation of the industrial unions of employers, and one on the recommendation of the industrial unions of workers.
Judge of Supreme Court to be President.
(2.)
The third member shall be a Judge of the Supreme Court, and shall be President of the Court.
(3.)
In case of the illness or unavoidable absence of the President at any time the Governor shall appoint another Judge of the Supreme Court to act as President during such illness or absence.
66 Procedure for appointment of members.
For the purposes of the appointment of the members of the Court (other than the President) the following provisions shall apply:—
(a.)
Each industrial union may, within one month after being requested so to do by the Governor, recommend to the Governor the names of two persons, one to be the member and one to be the acting-member, and from the names so recommended the Governor shall select four persons as follows:—
One from the persons recommended by the unions of employers and one from the persons recommended by the unions of workers, and shall appoint them to be members of the Court; and
One from the persons recommended by the unions of employers and one from the persons recommended by the unions of workers, and appoint them to be acting-members of the Court.
(b.)
The recommendation shall in each case be made in the name and under the seal of the union, by the committee of management or other governing authority thereof, however designated.
(c.)
If either of the divisions of unions fails or neglects to duly make any recommendation within the aforesaid period, the Governor shall, as soon thereafter as may be convenient, appoint a fit person to be a member or an acting-member of the Court, as the case may be; and such person shall be deemed to be appointed on the recommendation of the said division of unions.
(d.)
As soon as practicable after a full Court has been appointed by the Governor the names of the members and of the acting-members of the Court shall be notified in the Gazette, and such notification shall be final and conclusive for all purposes.
67 Term of office.
(1.)
Every member or acting-member of the Court shall hold office for three years from the date of the gazetting of his appointment or until the appointment of his successor, and shall be eligible for reappointment.
Existing Court and members continued.
(2.)
The Court as constituted under any of the compiled Acts shall be deemed to be constituted under this Act, and the President and other members or acting-members thereof in office at the commencement of this Act shall so continue until the expiry of the term of their appointment or until the appointment of their successors under this Act, and shall be eligible for reappointment under this Act.
68 When acting-member to act.
(1.)
If at any time either of the members of the Court so appointed is unable by reason of illness or other cause to attend any sitting of the Court on the day fixed for the same, and it is likely that he will be unable to attend any sitting of the Court within seven days after the day so fixed, he may notify the Clerk thereof.
(2.)
If at any time the Clerk (whether or not he has been so notified) is satisfied that any such member is by reason of illness or other cause unable to attend any sitting of the Court on the day fixed for the same, and it is likely that he will be unable to attend for seven days after the day so fixed, he shall notify the President thereof, who shall thereupon summon the acting-member appointed as aforesaid on the recommendation of the industrial unions of employers or of workers, as the case may be, to attend the sittings of the Court, and to act as a member of the Court during the absence of the member who is unable to attend, and while so acting he shall have and may exercise all the powers, functions, and privileges of the member for whom he is acting.
(3.)
On receipt by the Clerk of a notice in writing, signed by the member of the Court, that he is able to resume the duties of his office, the acting-member shall cease to act as aforesaid:
Provided that if he is then employed upon the hearing of a case he shall complete such hearing before so ceasing to act.
(4.)
The absence of the member of the Court while the acting-member is so acting shall not be deemed to have created a casual vacancy under section seventy-one hereof.
69 Acting-member to act when permanent member a party to dispute.
(1.)
In any case where the permanent member is himself a party to the dispute or proceedings and is consequently unable to act as member, the acting-member’ may attend and act; and the provisions of the last preceding section shall, mutatis mutandis, apply.
(2.)
If in any such case as last aforesaid there is no duly appointed acting-member who can attend and act, the Governor may, on the recommendation of the President, appoint a fit person to attend and act for the purpose of hearing and determining the dispute or proceedings to which the permanent member is a party, and the person so appointed shall be deemed to be an acting-member for the purpose aforesaid.
70 Resignations.
If any member or acting-member of the Court resigns by letter to the Governor, or, in the case of the. President, if he ceases to be a Judge of the Supreme Court, his office as member, or acting-member, or President of the Court shall thereby become vacant, and the vacancy shall be deemed to be a casual vacancy.
71 Power of removal by Governor.
The Governor shall remove any member or acting-member of the Court from office who becomes disqualified or incapable under section one hundred and four hereof, or is proved to be guilty of inciting any industrial union or employer to commit any breach of an industrial agreement or award, or is absent from four consecutive sittings of the Court; and every vacancy thereby caused shall be deemed to be a casual vacancy.
72 Mode of filling casual vacancy.
Every casual vacancy in the membership or acting-membership of the Court shall be supplied in the same manner as in the case of the original appointment; but every person appointed to fill a casual vacancy shall hold office only for the residue of the term of his predecessor.
73 Oath of office and secrecy.
Before entering on the exercise of the functions of their office the members of the Court, other than the President, shall make oath or affirmation before the President that they will faithfully and impartially perform the duties of their office, and also that, except in the discharge of their duties, they will not disclose to any person any evidence or other matter brought before the Court.
74 Clerk and officers may be appointed.
The Governor may also from time to time appoint such clerks and other officers of the Court as he thinks necessary, and they shall hold office during pleasure, and receive such salary or other remuneration as the Governor thinks fit.
Jurisdiction and Procedure of the Court
75 Jurisdiction.
The Court shall have jurisdiction for the settlement and determination of any industrial dispute referred to it under the provisions of this Act.
76 Clerk to notify President when dispute referred.
Forthwith after any dispute has been duly referred to the Court for settlement under the provisions in that behalf hereinbefore contained, the Clerk shall notify the fact to the President.
77 Parties to proceedings before Court.
Subject to provisions hereinafter contained as to the joining or striking-out of parties, the parties to the proceedings before the Court shall be the same as in the proceedings before the Board, and the provisions hereinbefore contained as to the appearance of parties before a Board shall apply to proceedings before the Court.
78 Sittings of Court.
With respect to the sittings of the Court the following provisions shall apply:—
(a.)
The sittings of the Court shall be held at such time and place as are from time to time fixed by the President.
(b.)
The sittings may be fixed either for a particular case or generally for all cases then before the Court and ripe for hearing, and it shall be the duty of the Clerk to give to each member of the Court, and also to all parties concerned, at least three clear days’ previous notice of the time and place of each sitting.
(c.)
The Court may be adjourned from time to time and from place to place in manner following, that is to say:—
(i.)
By the Court or the President at any sitting thereof, or if the President is absent from such sitting, then by any other member present, or if no member is present, then by the Clerk; and
(ii.)
By the President at any time before the time fixed for the sitting, and in such case the Court shall notify the members of the Court and all parties concerned.
79 Appearance of parties.
Any party to the proceedings before the Court may appear personally or by agent, or, with the consent of all the parties, by barrister or solicitor, and may produce before the Court such witnesses, books, and documents as such party thinks proper.
80 Powers of Court.
The Court shall in all matters before it have full and exclusive jurisdiction to determine the same in such manner in all respects as in equity and good conscience it thinks fit.
81 Evidence.
With respect to evidence in proceedings before the Court the following provisions shall apply:—
(a.)
Formal matters which have been proved or admitted before the Board need not be again proved or admitted before the Court, but shall be deemed to be proved.
(b.)
On the application of any of the parties, and on payment of the prescribed fee, the Clerk shall issue a summons to any person to appear and give evidence before the Court.
(c.)
The summons shall be in the prescribed form, and may require such person to produce before the Court any books, papers, or other documents in his possession or under his control in any way relating to the proceedings.
(d.)
All books, papers, and other documents produced before the Court, whether produced voluntarily or pursuant to summons, may be inspected by the Court, and also by such of the parties as the Court allows; but the information obtained therefrom shall not be made public, and such parts of the documents as, in the opinion of the Court, do not relate to the matter at issue may be sealed up.
(e.)
Every person who is summoned and duly attends as a witness shall be entitled to an allowance for expenses according to the scale for the time being in force with respect to witnesses in civil suits under “The Magistrates’ Courts Act, 1893.”
(f.)
If any person who has been duly served with such summons, and to whom at the same time payment or tender has been made of his reasonable travelling-expenses according to the aforesaid scale, fails to duly attend or to duly produce any book, paper, or document as required by his summons he commits an offence, and is liable to a fine not exceeding twenty pounds, or to imprisonment for any term not exceeding one month, unless he shows that there was good and sufficient cause for such failure.
(g.)
For the purpose of obtaining the evidence of witnesses at a distance the Court, or, whilst the Court is not sitting, the President, shall have all the powers and functions of a Stipendiary Magistrate under “The Magistrates’ Courts Act, 1893,”
and the provisions of that Act relative to the taking of evidence at a distance shall, mutatis mutandis, apply in like manner as if the Court were a Magistrate’s Court.
(h.)
The Court may take evidence on oath, and for that purpose any member or the Clerk may administer an oath.
(i.)
On any indictment for perjury it shall be sufficient to prove that the oath was administered as aforesaid.
(j.)
The Court may accept, admit, and call for such evidence as in equity and good conscience it thinks fit, whether strictly legal evidence or not.
(k.)
Any party to the proceedings shall be competent and may be compelled to give evidence as a witness.
(l.)
The Court in its discretion may order that all or any part of its proceedings may be taken down in shorthand.
82 Quorum.
The presence of the President and at least one other member shall be necessary to constitute a sitting of the Court.
83 Decision to be of majority of Court.
The decision of a majority of the members present at the sitting of the Court, or if the members present are equally divided in opinion, then the decision of the President, shall be the decision of the Court.
84 President to deliver decision.
The decision of the Court shall in every case be signed by the President, and may be delivered by him, or by any other member of the Court, or by the Registrar.
85 Matters may be referred to a Board for investigation.
The Court may refer any matters before it to a Board for investigation and report, and in such case the award of the Court may, if the Court thinks fit, be based on the report of the Board.
86 Court may dismiss frivolous cases.
The Court may at any time dismiss any matter referred to it which it thinks frivolous or trivial, and in such case the award may be limited to an order upon the party bringing the matter before the Court for payment of costs of bringing the same.
87 Court may award costs and apportion same.
The Court in its award may order any party to pay to the other party such costs and expenses (including expenses of witnesses) as it deems reasonable, and may apportion such costs between the parties or any of them as it thinks fit, and may at any time vary or alter any such order in such manner as it thinks reasonable:
Provided that in no case shall costs be allowed on account of barristers, solicitors, or agents.
88 When award to be made.
The award of the Court on any reference shall be made within one month after the Court began to sit for the hearing of the reference, or within such extended time as in special circumstances the Court thinks fit.
89 Award to be signed, sealed, and deposited in office.
(1.)
The award shall be signed by the President, and have the seal of the Court attached thereto, and shall be deposited in the office of the Clerk of the district wherein the reference arose, and be open to inspection without charge during office hours by all persons interested therein.
(2.)
The Clerk shall upon application supply certified copies of the award for a prescribed fee.
90 Terms of award.
(1.)
The award shall be framed in such manner as shall best express the decision of the Court, avoiding all technicality where possible, and shall specify—
(a.)
Each original party on whom the award is binding, being in every case each trade-union, 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 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:
Provided that, notwithstanding the expiration of the currency of the award, the award shall continue in force until a new award has been duly made, except where, pursuant to the provisions of section twenty or twenty-one hereof, the registration of an industrial union of workers bound by such award has been cancelled.
(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:
Provided that in no case shall the Court have power to fix any age for the commencement or termination of apprenticeship.
(3.)
The award, by force of this Act, shall extend to and bind as subsequent party thereto every trade-union, industrial union, industrial association, or employer who, not being an 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.
(4.)
The Court may in any award made by it limit the operation of such award to any city, town, or district being within or part of any industrial district.
(5.)
The Court shall in such case have power, on the application of any trade-union, industrial union, industrial association, or employer in any industrial district within which the award has effect, to extend the provisions of such award (if such award has been limited in its operation as aforesaid) to any trade-union, industrial union, industrial association, employer, or person within such industrial district.
(6.)
The Court may, if it thinks fit, limit the operation of any award heretofore made to any particular town, city, or locality in any industrial district in which such award now has effect.
(7.)
The limitation or extension referred to in the preceding subsections five and six shall be made upon such notice to and application of such parties as the Court may in its discretion direct.
91 Awards made prior to Act to continue in force.
(1.)
Any award in force at the coming into operation of this Act shall, notwithstanding the expiration of the currency of such award, continue in force until a new award has been made under this Act, except where, pursuant to the provisions of section twenty or twenty-one hereof, the registration of an industrial union of workers bound by such award has been cancelled.
(2.)
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 any such award applies, not being an original party thereto, extend the award and its provisions to such trade-union, industrial union, industrial association, or employer.
92 Special powers to extend, or join parties to, an award.
(1.)
With respect to every award, whether made before or after the commencement of this Act, the following special powers shall be exercisable by the Court by order at any time during the currency of the award, that is to say:—
(a.)
Power to amend the provisions of the award for the purpose of remedying any defect therein or of giving fuller effect thereto:
(b.)
Power to extend the award so as to join and bind as party thereto any specified trade-union, industrial union, industrial association, or employer in New Zealand not then bound thereby or party thereto, but connected with or engaged in the same industry as that to which the award applies:
Provided that the Court shall not act under this paragraph except where the award relates to a trade or manufacture the products of which enter into competition in any market with those manufactured in another industrial district, and a majority of the employers engaged and of the unions of workers concerned in the trade or manufacture are bound by the award:
Provided further that, in case of an objection being lodged to any such award by a union of employers or workers in a district other than that in which the award was made, the Court shall sit for the hearing of the said objection in the district from which it comes, and may amend or extend the award as it thinks fit:
Provided further that, notwithstanding anything contained in this paragraph, the Court may extend an award to another industrial district so as to join and bind as parties to the award any specified trade-union, industrial union, industrial association, or employer where the award relates to a trade or manufacture the products of which enter into competition in any market with those manufactured in the industrial district wherein the award is in force.
(2.)
The award, by force of this Act, shall 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 fine not exceeding ten pounds, to be recovered in like manner as if he were a party to the award.
93 Application may be made to Court by any party.
(1.)
The powers by the last preceding section hereof conferred upon the Court may be exercised on the application of any party bound by the award.
(2.)
At least thirty days’ notice of the application shall be served on, all other parties, including, in the case of an application under paragraph (6) of that section, every trade-union, industrial union, industrial association, or employer to whom it is desired that the award should be extended.
(3.)
The application may be made to the Court direct, without previous reference to the Board.
94 Award may be applied to different trades in one business.
(1.)
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 thinks fit, the whole or part of the various branches constituting the business of such employer.
(2.)
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.
95 Award under seal to be evidence.
In all legal and other proceedings on the award it shall be sufficient to produce the award with the seal of the Court thereto, and it shall not be necessary to prove any conditions precedent entitling the Court to make the award.
96 Proceedings not to be impeached for want of form.
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 shall be liable to be challenged, appealed against, reviewed, quashed, or called in question by any Court of judicature on any account whatsoever.
97 Court to fix what constitutes breach of award and penalty therefor.
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 fine payable by any party in respect of any breach.
98 Court may prescribe minimum rate of wages.
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 prescribe a minimum rate of wages or other remuneration, with special provision for a lower rate being fixed in the case of any 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.
99 Amount of costs or expenses to be fixed.
In every case where the Court in its award or other order directs the payments 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.
100 Inspectors of Awards.
(1.)
Every Inspector appointed under “The Factories Act, 1901,”
shall be an Inspector of Awards under this Act, and shall be charged with the duty of seeing that the provisions of any industrial agreement, or award, or order of the Court are duly observed.
(2.)
Every Inspector of Mines appointed under either “The Coalmines Act, 1891,”
or “The Mining Act, 1898,”
shall be an Inspector of Awards, and shall be charged with the duty of seeing that the provisions of any such agreement, award, or order are duly observed in any coalmine or mine within his district.
(3.)
In the discharge of such duty an Inspector of Awards may require any employer or worker to produce for his examination any wages-books and overtime-books necessary for the purposes of this section; and, in addition, every such Inspector shall have and may exercise all the powers conferred on Inspectors of Factories by section six of “The Factories Act, 1901,”
and that section and section seven of the same Act shall, mutatis mutandis, extend and apply to Inspectors of Awards.
(4.)
Except for the purposes of this Act, and in the exercise of his functions under this Act, an Inspector shall not disclose to any person any information which in the exercise of such functions he acquires; and any Inspector who, in contravention of this Act, divulges any information shall be liable to a fine not exceeding fifty pounds.
101 Provisions for enforcing awards.
For the purpose of enforcing any award or order of the Court, whether made before or after the commencement of this Act (but not being an order under section one hundred and three hereof), the following provisions shall apply:—
(a.)
In so far as the award itself imposes a fine 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.
(b.)
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 paragraph hereof, the Inspector of Awards, or any party to the award, may, by application in the prescribed form, apply to the Court for the enforcement of the award.
(c.)
On the hearing of such application the Court may by order either dismiss the application or impose such fine 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 Inspector.
(d.)
If the order imposes a fine or costs it shall specify the parties liable to pay the same, and the parties or persons to whom the same are payable:
Provided that the aggregate amount of fines payable under any award or order of the Court shall not exceed five hundred pounds.
(e.)
For the purpose of enforcing payment of the fine and costs payable under any order of the Court, a certificate in the prescribed form, under the hand of the Clerk 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 judgment 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.
(f.)
All property belonging to the judgment debtor (including therein, in the case of a trade-union or 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 a trade-union or an industrial union or an industrial association, and its property is insufficient to fully satisfy the judgment debt, its members shall be liable for the deficiency:
Provided that no member shall be liable for more than ten pounds under this paragraph.
(g.)
For the purpose of giving full effect to the last preceding paragraph, the Court or the President thereof may, on the application of the judgment creditor, make such order or give such directions as are deemed necessary, and the trustees, the judgment debtor, and all other persons concerned shall obey the same.
102 Provisions for enforcing industrial agreements.
For the purpose of enforcing industrial agreements, whether made before or after the commencement of this Act, the provisions of paragraphs (b) to (g) of the last preceding section 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 and exclusive jurisdiction to deal therewith.
103 Jurisdiction of Court to deal with offences.
The Court shall have full and exclusive jurisdiction to deal with all offences under paragraph (f) of section eighty-one, section one hundred and seven, section one hundred and twelve, section one hundred and thirteen, or section one hundred and eighteen hereof, and for that purpose the following provisions shall apply:—
(a.)
Proceedings to recover the fine by this Act imposed in respect of any such offence shall be taken in the Court in a summary way under the provisions of “The Justices of the Peace Act, 1882,”
and those provisions shall, mutatis mutandis, apply in like manner as if the Court were a Court of Justices exercising summary jurisdiction under that Act:
Provided that in the case of an offence under section one hundred and twelve of this Act (relating to contempt of Court) the Court, if it thinks fit so to do, may deal with it forthwith without the necessity of an information being taken or a summons being issued.
(b.)
For the purpose of enforcing any order of the Court made under this section, a duplicate thereof shall by the Clerk of Awards be filed in the nearest office of the Magistrate’s Court, and shall thereupon, according to its tenor, be enforced in all respects as a final judgment, conviction, or order duly made by a Stipendiary Magistrate under the summary provisions of “The Justices of the Peace Act, 1882.”
(c.)
The provisions of sections ninety-five and ninety-six hereof shall, mutatis mutandis, apply to all proceedings and orders of the Court under this section.
(d.)
All fines recovered under this section shall be paid into the Public Account and form part of the Consolidated Fund.
General Provisions as to Board and Court
104 Disqualification of members of Board or Court.
The following persons shall be disqualified from being appointed, or elected, or from holding office as Chairman or as member of any Board, or as member or acting-member of the Court; and if so elected or appointed shall be incapable of continuing to hold the office:—
(a.)
A bankrupt who has not obtained his final order of discharge;
(b.)
Any person convicted of any crime for which the punishment is imprisonment with hard labour for a term of six months or upwards; or
(c.)
Any person of unsound mind; or
(d.)
An alien.
105 Jurisdiction not affected by fact that no member of union is concerned in dispute.
(1.)
Where an industrial union of workers is party to an industrial dispute, the jurisdiction of the Board or Court to deal with the dispute shall not be affected by reason merely that no member of the union is employed by any party to the dispute, or is personally concerned in the dispute.
References to Board or Court to be approved by resolution of union.
(2.)
An industrial dispute shall not be referred for settlement to a Board 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 or order of the Court, unless and until the proposed reference or application has been approved by the members in manner following, that is to say:—
(a.)
In the case of an industrial union, by resolution passed at a special meeting of the union and confirmed by subsequent ballot of the members, a majority of the votes recorded being in favour thereof, the result of such ballot to be recorded on the minutes; and
(b.)
In the case of an industrial association, by resolution passed at a special meeting of the members of the governing body of the association, and confirmed at special meetings of a majority of the unions represented by the association.
106 Special meeting for such purpose.
(1.)
Each such special meeting shall be duly constituted, convened, and held in manner provided by the rules, save that notice of the proposal to be submitted to the meeting shall be posted to all the members, and that the proposal shall be deemed to be carried if, but not unless, a majority of all the members present at the meeting of the industrial union or of the governing body of the industrial association vote in favour of it.
Certificate of chairman evidence.
(2.)
A certificate under the hand of the chairman of any such special meeting shall, until the contrary is shown, be sufficient evidence as to the due constitution and holding of the meeting, the nature of the proposal submitted, and the result of the voting.
107 Special provisions in case of an industrial dispute.
In every case where an industrial dispute has been referred to the Board the following special provisions shall apply:—
(a.)
Until the dispute has been finally disposed of by the Board or the Court neither the parties to the dispute nor the workers affected by the dispute shall, on account of the dispute, do or be concerned in doing, directly or indirectly, anything in the nature of a strike or lock-out, or of a suspension or discontinuance of employment or work, but the relationship of employer and employed shall continue uninterrupted by the dispute, or anything arising out of the dispute, or anything preliminary to the reference of the dispute and connected therewith.
(b.)
If default is made in faithfully observing any of the foregoing provisions of this section, every union, association, employer, worker, or person committing or concerned in committing the default shall be liable to a fine not exceeding fifty pounds.
(c.)
The dismissal of any worker, or the discontinuance of work by any worker, pending the final disposal of an industrial dispute shall be deemed to be a default under this section, unless the party charged with such default satisfies the Court that such dismissal or discontinuance was not on account of the dispute.
108 When dismissal of employee breach of Act.
Every employer who dismisses from his employment any worker by reason merely of the fact that the worker is a member of an industrial union, or who is conclusively proved to have dismissed such worker merely because he is entitled to the benefit of an award, order, or agreement, shall be deemed to have committed a breach of the award, order, or agreement, and shall be liable accordingly.
109 Combining to defeat award.
If during the currency of an award any employer, worker, industrial union or association, or any combination of either employers or workers has taken proceedings with the intention to defeat any of the provisions of the award, such employer, worker, union, association, or combination, and every member thereof respectively, shall be deemed to have committed a breach of the award, and shall be liable accordingly.
110 Appointment of experts as assessors to Board or Court.
Whenever an industrial dispute involving technical questions is referred to the Board or Court the following special provisions shall apply:—
(a.)
At any stage of the proceedings the Board or the Court may direct that two experts nominated by the parties shall sit as experts.
(b.)
One of the experts shall be nominated by the party, or, as the case may be, by all the parties, whose interests are with the employers; and one by the party, or, as the case may be, by all the parties, whose interests are with the workers.
(c.)
The experts shall be nominated in such manner as the Board or Court directs, or as is prescribed by regulations, but shall not be deemed to be members of the Board or Court for the purpose of disposing of such dispute.
(d.)
The powers by this section conferred upon the Board and the Court respectively shall, whilst the Board or the Court is not sitting, be exercisable by the Chairman of the Board and the President of the Court respectively.
111 Powers of Board or Court as to joinder, waiver, and extension of time.
(1.)
In order to enable the Board or Court the more effectually to dispose of any matter before it according to the substantial merits and equities of the case, it may, at any stage of the proceedings, of its own motion or on the application of any of the parties, and upon such terms as it thinks fit, by order,—
(a.)
Direct parties to be joined or struck out;
(b.)
Amend or waive any error or defect in the proceedings;
(c.)
Extend the time within which anything is to be done by any party; and
(d.)
Generally give such directions as are deemed necessary or expedient in the premises.
Exercise of powers when Board or Court not sitting.
(2.)
The powers by this section conferred upon the Board may, when the Board is not sitting, be exercised by the Chairman.
(3.)
The powers by this section conferred upon the Court may, when the Court is not sitting, be exercised by the President.
112 Penalty for contempt of Board or Court.
If in any proceedings before the Board or Court any person wilfully insults any member of the Board or Court or the Clerk, or wilfully interrupts the proceedings, or without good cause refuses to give evidence, or is guilty in any other manner of any wilful contempt in the face of the Board or Court, it shall be lawful for any officer of the Board or Court, or any member of the Police Force, to take the person offending into custody and remove him from the precincts of the Board or Court, to be detained in custody until the rising of the Board or Court, and the person so offending shall be liable to a fine not exceeding ten pounds.
113 Obstruction of Board or Court.
If any person prints or publishes anything calculated to obstruct or in any way interfere with or prejudicially affect any matter before the Board or Court he shall for every such offence be liable to a fine not exceeding fifty pounds.
114 Power to proceed if any party fail to attend.
If, without good cause shown, any party to proceedings before the Board or Court fails to attend or be represented, the Board or Court may proceed and act as fully in the matter before it as if such party had duly attended or been represented.
115 Proceedings to continue on change in Board or Court.
Where any change takes place in the members constituting the Board or the Court, any proceeding or inquiry then in progress shall not abate or be affected, but shall continue and be dealt with by the Board or the Court as if no such change had taken place:
Provided that the Board or the Court may require evidence to be retaken where necessary.
116 Proceedings not to abate by reason of death.
(1.)
Proceedings before the Board or Court shall not abate by reason of the seat of any member of the Board or Court being vacant for any cause whatever, or of the death of any party to the proceedings, and in the latter case the legal personal representative of the deceased party shall be substituted in his stead.
Recommendation or award not void for informality.
(2.)
A recommendation or order of the Board, or an award or order of the Court, shall not be void or in any way vitiated by reason merely of any informality or error of form, or non-compliance with this Act.
117 Proceedings of Board or Court to be public.
(1.)
The proceedings of the Board or Court shall be conducted in public:
Provided that, at any stage of the proceedings before it, the Board or Court, of its own motion or on the application of any of the parties, may direct that the proceedings be conducted in private; and in such case all persons (other than the parties, their representatives, the officers of the Board or Court, and the witness under examination) shall withdraw.
When sittings held.
(2.)
The Board or Court may sit during the day or at night, as it thinks fit.
118 Powers of entry to Board or Court for examination of factories, &c.
(1.)
Any Board and the Court, and, upon being authorised in writing by the Board or Court, any member of such Board or Court respectively, or any officer of such Board or Court, or any other person, without any other warrant than this Act, at any time between sunrise and sunset,—
(a.)
May enter upon any manufactory, building, workshop, factory, mine, mine-workings, ship or vessel, shed, place, or premises of any kind whatsoever, wherein or in respect of which any industry is carried on or any work is being or has been done or commenced, or any matter or thing is taking or has taken place, which is made the subject of a reference to such Board or Court:
Inspection of work and interrogation of persons.
(b.)
May inspect and view any work, material, machinery, appliances, article, matter, or thing whatsoever being in such manufactory, building, workshop, factory, mine, mine-workings, ship or vessel, shed, place, or premises as aforesaid:
(c.)
May interrogate any person or persons who may be in or upon any such manufactory, building, workshop, factory, mine, mine-workings, ship or vessel, shed, place, or premises as aforesaid in respect of or in relation to any matter or thing hereinbefore mentioned.
(2.)
Any person who hinders or obstructs the Board or Court, or any member or officer thereof respectively, or other person, in the exercise of any power conferred by this section, or who refuses to the Board or Court, or any member or officer thereof respectively duly authorised as aforesaid, entrance during any such time as aforesaid to any such manufactory, building, workshop, factory, mine, mine-workings, ship or vessel, shed, place, or premises, or refuses to answer any question put to him as aforesaid, shall for every such offence be liable to a fine not exceeding fifty pounds.
(6.) Special as to Government Railways
119 Provisions as to Government railways.
With respect to the Government railways open for traffic the following special provisions shall apply, anything elsewhere in this Act to the contrary notwithstanding:—
Amalgamated Society of Railway Servants deemed registered.
(a.)
The society of railway servants called “the Amalgamated Society of Railway Servants,”
and now registered under the compiled Acts, shall be deemed to be registered under this Act.
(b.)
In the case of the dissolution of the said society, any reconstruction thereof, or any society of Government railway servants formed in its stead, may register under this Act as an industrial union of workers.
May enter into industrial agreement with Minister.
(c.)
The Minister for Railways may from time to time enter into industrial agreements with the registered society in like manner in all respects as if the management of the Government railways were an industry, and he were the employer of all workers employed therein.
Procedure in case of disputes.
(d.)
If any industrial dispute arises between the Minister and the society it may be referred to the Court for settlement as hereinafter provided.
(e.)
The society may, by petition filed with the Clerk and setting forth the particulars of the matters in dispute, pray the Court to hear and determine the same.
(f.)
Such petition shall be under the seal of the society and the hands of two members of the committee of management.
(g.)
No such petition shall be filed except pursuant to a resolution of a special meeting of the society duly called for the purpose in accordance with its rules, and with respect to such resolution and the procedure thereon sections one hundred and five and one hundred and six shall apply.
Jurisdiction of Court.
(h.)
Such petition when duly filed shall be referred to the Court by the Clerk, and the Court, if it considers the dispute sufficiently grave to call for investigation and settlement, shall notify the Minister thereof, and appoint a time and place at which the dispute will be investigated and determined, in like manner as in the case of a reference, and the Court shall have jurisdiction to hear and determine the same accordingly and to make award thereon.
(i.)
In making any award under this section the Court shall have regard to the Schedule to “The Government Railways Department Classification Act, 1901.”
(j.)
In any proceedings before the Court under this section the Minister may be represented by any officer of the Department whom he appoints in that behalf.
(k.)
All expenses incurred and moneys payable by the Minister under this section shall be payable out of moneys to be appropriated by Parliament for the purpose.
(l.)
In no case shall the Board have any jurisdiction over the society, nor] shall the society or any branch thereof have any right to nominate or vote for the election of any member of the Board.
(m.)
Except for the purposes of this section the Court shall have no jurisdiction over the society.
(n.)
For the purposes of the appointment of members of the Court the society shall be deemed to be an industrial union of workers, and may make recommendations to the Governor accordingly.
(7.) Miscellaneous
120 Notifications in Gazette to be evidence.
Any notification made or purporting to be made in the Gazette by or under the authority of this Act may be given in evidence in all Courts of justice, in all legal proceedings, and for any of the purposes of this Act by the production of a copy of the Gazette.
121 Documents under seal of Court and certain signatures to be judicially noticed.
(1.)
Every document bearing the seal of the Court shall be received in evidence without further proof, and the signature of the President of the Court, or the Chairman of the Board, or of the Registrar, or of the Clerk of Awards shall be judicially noticed in or before any Court or person or officer acting judicially or under any power or authority contained in this Act:
Provided such signature is attached to some award, order, certificate, or other official document made or purporting to be made under this Act.
(2.)
No proof shall be required of the handwriting or official position of any person acting in pursuance of this section.
122 Regulations.
The Governor from time to time may make regulations for any of the following purposes:—
(a.)
Prescribing the forms of certificates or other instruments to be issued by the Registrar, and of any certificate or other proceeding of any Board or any officer thereof;
(b.)
Prescribing the duties of Clerks of Awards, and of all other officers and persons acting in the execution of this Act;
(c.)
Providing for anything necessary to carry out the first or any subsequent election of members of Boards, or on any vacancy therein or in the office of Chairman of any Board, including the forms of any notice, proceeding, or instrument of any kind to be used in or in respect of any such election;
(d.)
Providing for the mode in which recommendations by industrial unions as to the appointment of members of the Court shall be made and authenticated;
(e.)
Prescribing any act or thing necessary to supplement or render more effectual the provisions of this Act as to the conduct of proceedings before a Board or the Court, or the transfer of such proceedings from one of such bodies to the other;
(f.)
Providing generally for any other matter or thing necessary to give effect to this Act or to meet any particular case;
(g.)
Prescribing what fees shall be paid in respect of any proceeding before a Board or the Court, and the party by whom such fees shall be paid;
(h.)
Prescribing what respective fees shall be paid to the members of the Court (other than the President) and to the members of the Board;
(i.)
Prescribing what respective travelling-expenses shall be payable to the members of the Court (including the President) and to the members of the Board; and
(j.)
For any other purpose for which regulations are contemplated or required in order to give full effect to this Act.
123 Regulations to be laid before Parliament.
All such regulations shall come into force on the date of the gazetting thereof, and shall be laid before Parliament within fourteen days after such gazetting if Parliament is then in session, or if not in session, then within fourteen days after the beginning of the next session.
124 Saving of fees payable in other Courts.
Nothing in this Act or the regulations thereunder shall supersede any fees payable by law in respect of proceedings under “The Justices of the Peace Act, 1882,”
or in any Court of judicature.
125 Expenses of administration payable out of moneys appropriated.
All charges and expenses incurred by the Government in connection with the administration of this Act shall be defrayed out of such annual appropriations as from time to time are made for that purpose by Parliament.
126 Stamp duty not payable in certain cases.
No stamp duty shall be payable upon or in respect of any registration, certificate, agreement, award, statutory declaration, or instrument effected, issued, or made under this Act:
Provided that nothing in this section contained shall apply to the fees of any Court payable by means of stamps.
127 Saving as to appointments, registrations, documents, and proceedings.
(1.)
Every person appointed to any office under any of the compiled Acts, and holding office at the commencement of this Act, shall be deemed to have been duly appointed under this Act.
(2.)
Every union or association registered and incorporated under any of the compiled Acts at the commencement of this Act shall be deemed to be registered and incorporated under this Act
(3.)
All registers, records, certificates, awards, industrial agreements, and other official documents existing under any of the compiled Acts at the commencement of this Act, shall endure and continue for the purposes of this Act.
(4.)
All proceedings pending under any of the compiled Acts at the commencement of this Act may be continued and completed under this Act.
128 Act not to apply to Crown or Government Departments.
Except as provided by section one hundred and nineteen hereof, nothing in this Act shall apply to the Crown or to any Department of the Government of New Zealand.
Schedule Acts compiled
1900, No. 51.—“The Industrial Conciliation and Arbitration Act, 1900.”
1901, No. 37.—“The Industrial Conciliation and Arbitration Amendment Act, 1901.”
1903, No. 10.—“The Arbitration Court Emergency Act, 1903.”
1903, No. 62.—“The Industrial Conciliation and Arbitration Amendment Act, 1903.”
1904, No. 53.—“The Industrial Conciliation and Arbitration Amendment Act, 1904.”
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Industrial Conciliation and Arbitration Acts Compilation Act 1905
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