In this Part of this Act, unless the context otherwise requires,—

Notwithstanding anything in this Act, every provision in, or deemed by law to be included in, any award or industrial agreement in force at the commencement of this section whereby it is unlawful for any employer bound by the award or agreement to employ or to continue to employ, in any position or employment subject to the award or agreement, any adult person who is not for the time being a member of a union of workers bound by the award or agreement shall continue in force only—

whichever event first occurs.

In making any award the Court shall insert therein an unqualified preference provision only if it is satisfied that—

On any application made in accordance with section 162 of this Act, the Court shall amend an award by inserting therein an unqualified preference provision only if it is satisfied that—

Where any application under subsection (1) of this section is supported by documentary evidence, satisfactory to the Court, that—

the Court may in its discretion make the amendment without hearing the parties.

Where the term of any industrial agreement in force at the date of the commencement of this section extends beyond the expiration of a period of fifteen months after that date, any party to the agreement may apply to the Court for an order amending the agreement by inserting therein an unqualified preference provision, and on the making of any such application the provisions of section 174C of this Act shall apply as if the application had been made under that section and as if the agreement were an award.

Where the evidence tendered by any union of workers for the purpose of satisfying the Court as to the matters specified in paragraph (b) of section 174B or paragraph (c) of subsection (1) of section 174C of this Act includes the result of a ballot, it shall be sufficient if the union proves that as far as was reasonably practicable in the circumstances the roll of persons entitled to vote, as supplied to the Registrar of Industrial Unions in accordance with subsection (2) of this section, contained the correct names and postal addresses of all adult workers who on the making of the award or of the amendment to the award or agreement would be bound by it, and produces to the Court a certificate from the Registrar showing that not less than fifty per cent of the valid votes recorded in the ballot were in favour of the workers becoming or remaining members of the union.

Every such ballot shall be conducted by the Registrar, or by some person being an officer of the Department of Labour designated by him in that behalf, on application made to him by the union of workers concerned. The union shall at its own expense supply the Registrar with a roll (being a roll which in the opinion of the Registrar, having regard to the circumstances, is reasonably complete) containing the correct names and postal addresses of persons entitled to vote, and as many additional copies of the roll as he may reasonably require for the purposes of the ballot:

“Provided that successive ballots of the adult workers subject to the same award or agreement or any superseding award or agreement affecting such workers shall not, unless the Court otherwise directs, be held more often than after the expiry of two years from the conclusion of the last previous ballot.

The expenses incurred by the Registrar in connection with the conduct of every such ballot shall be paid out of money to be appropriated by Parliament for the purpose.

Notwithstanding anything in the rules of the union, the Registrar or any person designated by him to conduct a ballot as aforesaid may take such action and give such directions as he considers necessary to prevent the occurrence of any irregularity in or in connection with the ballot.

Every person commits an offence against this Part of this Act, and shall be liable on summary conviction to a fine not exceeding fifty pounds, who—

If on any proceedings under section 174B or section 174C or section 174D of this Act the Court does not insert an unqualified preference provision in the award or industrial agreement, the Court shall, unless it sees good reason to the contrary, insert therein a qualified preference provision.

Where any award or industrial agreement in force at the date of the commencement of this section remains in force at the expiration of fifteen months after that date and has not been amended, before the expiration of the said period, by the insertion therein of an unqualified preference provision or a qualified preference provision, a qualified preference provision shall be deemed to be included therein.

Where pursuant to this Act an unqualified preference provision is inserted in any award or industrial agreement, the following provisions shall apply:

Notwithstanding anything in this Act or in any other enactment, neither the Department of Labour nor any Inspector of Awards or other officer of the Public Service shall be charged with the duty of seeing that any unqualified preference provision or qualified preference provision in, or deemed to be included in, any award or industrial agreement is duly observed, or of taking any action to recover any penalty in respect of the breach of any such provision.

Every person who, by virtue of his employment or intended employment, is within the class of which an industrial union of workers is constituted, and who is not of general bad character, shall be entitled to be admitted to membership of the union; and so far as the rules of any union are inconsistent with the provisions of this subsection they shall be null and void:

“Provided that nothing in this subsection shall apply so as to oblige any union to admit any person to its membership while its maximum membership is fixed by or in accordance with any Act or award or order of the Court if by the admission of that person the prescribed maximum membership of the union would be exceeded.”