“Award” means an award made under the Industrial Relations Act 1973 or any corresponding former Act; and includes an award made under section 32(3) of the Agricultural Workers Act 1977 and an agreement deemed to be an award by section 34(2) of that Act:

“Collective agreement” means a collective agreement within the meaning of the Industrial Relations Act 1973; and includes an agreement filed with the Registrar of the Court under section 141 of that Act:

“Court” means the Arbitration Court established under the Industrial Relations Act 1973:

“General order” means a general order made by the Court under this Act:

“Remuneration” means salary or wages and all other payments of any kind whatsoever prescribed in awards and collective agreements.

Compare: 1969, No. 37; 1973, No. 19, s. 234(1)

3 General purpose of Act

(1)

The general purpose of this Act is to provide for the making from time to time by the Court of a just and equitable review of rates of remuneration in awards and collective agreements.

(2)

In making any such review the Court shall give paramount importance to the promotion of the economic stability of New Zealand.

Compare: 1969, No. 37, s. 3(1); S.R. 1974/143, reg. 16h(2); S.R. 1976/124, reg. 4

4 Constitution, jurisdiction, and procedure of Court

(1)

For the purposes of this Act, the Court shall have jurisdiction to hold hearings, make general orders, and do all other things provided for in this Act.

(2)

The Chief Judge of the Court shall preside at all hearings and other proceedings held by the Court for the purposes of this Act.

(3)

For the purposes of any hearing or other proceedings under this Act, the Chief Judge of the Court may of his own motion—

(a)

Summon before the Court any expert witness to give evidence of a statistical nature, and compel production before the Court of any books and documents of a statistical nature; and

(b)

With the consent of the parties being heard, or if there is no objection from any such party, summon before the Court any witness and compel the production of any books and documents.

(4)

The Chief Judge of the Court or the Registrar of the Court may issue summonses requiring the attendance of witnesses before the Court, or the production of documents, and may do any other act preliminary or incidental to the hearing of any matter by the Court under this Act.

(5)

Subject to the provisions of this Act, the provisions of the Industrial Relations Act 1973 as to the jurisdiction and procedure of the Court shall apply, so far as they are applicable and with the necessary modifications, in relation to any hearing by the Court under this Act in like manner as they apply to other proceedings before the Court.

(6)

On the application of either the New Zealand Federation of Labour or the New Zealand Employers’ Federation Incorporated, the Court shall invite representatives from each such organisation, and may invite such other representatives or persons as it thinks fit, to consult with it at an appointed time and place, before the commencement of the hearing, in respect of matters of procedure related to the hearing.

(7)

The Court may appoint a solicitor or counsel or person having special expertise in matters relevant to the Court’s jurisdiction under this Act to assist the Court with regard to any hearing or other proceedings under this Act.

(8)

Any person appointed under subsection (7) of this section shall be paid out of money appropriated for the purpose by Parliament.

Compare: 1969, No. 37, s. 4(1)–(5); 1973, No. 19, s. 234(1)–(2)

5 General orders

(1)

Subject to the provisions of this Act, the Court may from time to time, of its own motion or on the application of the New Zealand Federation of Labour or of the New Zealand Employers’ Federation Incorporated, by general order amend the provisions of all awards and collective agreements for the time being in force so far as those provisions determine the rates of remuneration of workers, to the intent that those rates shall be increased or reduced as the Court thinks just and equitable.

(2)

The Court shall not make any general order to take effect less than 6 months after the date on which any previous general order has taken effect.

Compare: 1969, No. 37, s. 5(1)–(2); 1973, No. 19, s. 234(1) S.R. 1974/143, reg. 16h(1); S.R. 1976/124, reg. 4

6 Matters to be taken into account

(1)

In deciding whether to make a general order under section 5(1) of this Act the Court shall, as required by section 3(2) of this Act, give paramount importance to the promotion of the economic stability of New Zealand.

(2)

The Court shall also consider—

(a)

Whether an adjustment in the rates of remuneration should be made in order to maintain and promote living standards, so far as it is within the capacity of the economy to sustain such an adjustment; and

(b)

The promotion of industrial harmony; and

(c)

The maintenance and promotion of exports from New Zealand; and

(d)

The maintenance of full and productive employment; and

(e)

Movements in the Consumers’ Price Index and in the incomes of wage and salary earners relative to those of other sections of the community; and

(f)

Any increase or decrease in rates of remuneration; and

(g)

Such other matters as the Court considers relevant.

(3)

In taking into account the matters mentioned in subsections (1) and (2) of this section, the Court shall not be restricted—

(a)

To events occurring since the date of the last general order previously made by the Court under this Act; or

(b)

To events that have occurred before the date of the hearing.

(4)

The matters that the Court is required to take into account under subsections (1) and (2) of this section, so far as they affect or relate to the whole of New Zealand, shall not be taken into account in conciliation or arbitration proceedings or in negotiations for a collective agreement or in the corresponding proceedings or negotiations under the Agricultural Workers Act 1977; but this subsection shall not prevent the parties to any such proceedings or negotiations, or the Court or the Agricultural Tribunal, as the case may require, from taking into account any of the said matters so far as they specifically affect or relate to the industry to which the proceedings or negotiations relate or are relevant to the proceedings or negotiations.

Compare: 1969, No. 37, ss. 3(2), 5(3)–(5); 1973, No. 19, s. 234(1); S.R. 1974/143, reg. 16h(2)–(3); S.R. 1976/124, reg. 4; S.R. 1976/157, reg. 9(1)

7 Opportunity to be heard

Before making any general order under section 5(1) of this Act the Court shall afford such opportunity to be heard as it thinks proper to representatives appointed by the New Zealand Federation of Labour, the New Zealand Employers’ Federation Incorporated, the Combined State Service Organisations, and the Minister of Finance respectively:

Provided that the failure of any parties to appoint any such representative shall not affect the validity of any general order under section 5(1) of this Act, and the validity of any such order shall not be questioned on the ground that sufficient or adequate opportunity to be heard by the Court has not been afforded to any person affected.

Compare: 1969, No. 37, s. 5(6); 1973, No. 19, s. 234(1); S.R. 1974/143, reg. 16h(4); S.R. 1976/124, reg. 4

8 Effect of general order

Every general order shall be filed with the Registrar of the Court and, subject to the provisions of sections 9 to 13 of this Act, shall be deemed to have been incorporated, on and from the date of the general order, or on and from such later date as may be specified in the general order in that behalf, in every award and collective agreement in force in any industrial district or under the Agricultural Workers Act 1977 and shall have effect according to its tenor.

Compare: 1969, No. 37, s. 5(7); 1973, No. 19, s. 234(1)

9 Cases where general orders inapplicable

(1)

Nothing in a general order shall have effect to increase—

(a)

Any rate of commission or other like payment which is, whether directly or indirectly, a percentage or proportion of sales or takings; or

(b)

The rate of any incentive or bonus payment which is expressed, whether directly or indirectly, as a percentage or proportion of any rate of remuneration.

(2)

No general order shall apply to any award or collective agreement that contains a provision having the effect, directly or indirectly, of requiring rates of remuneration of workers affected by the award or agreement to be adjusted in relation to any movements in any rates of remuneration of employees in the State services.

Compare: 1969, No. 37, s. 7(3); S.R. 1974/143, reg. 2(2)

10 Exclusions from general orders

(1)

The Court may by any general order or a subsequent order, of its own motion or on application made not later than 28 days after the date of the general order by any party to an award or collective agreement, make such provision as it considers just and equitable for any class or section of workers if it is satisfied that by reason of the special provisions of any awards or collective agreements affecting those workers, or of economic and financial conditions affecting any trade or industry, or of any other relevant consideration, that class or section of workers should be excluded from the operation of the general order.

(2)

Where the Court has of its own motion excluded any class or section of workers from the operation of a general order, the Court may by a subsequent order, on application made, not later than 28 days after the date of the order making the exclusion, by any party to an award or collective agreement, make such order applying to that class or section of workers or any of them as the Court considers just and equitable.

(3)

Every application under this section shall state the special grounds on which the application is based and shall be filed with the Registrar of the Court, and when a date has been fixed by the Court for the hearing of the application the Registrar shall forthwith give notice to the parties concerned.

(4)

Every order made under this section after a general order shall be deemed to have come into force on the date on which the general order took effect, or on such later date (not later than the date of the subsequent order) as the Court in its discretion determines.

Compare: 1969, No. 37, s. 6; 1973, No. 19, s. 234(1); S.R. 1974/143, reg. 16h(6); S.R. 1976/124, reg. 4

11 Exclusion of general order by agreement

(1)

The parties to any collective agreement, or the assessors in conciliation proceedings, may by agreement include in the collective agreement, or have included in the award, a provision to the effect that no general order shall apply to it.

(2)

A provision to the effect that no general order shall apply to it may be included in any award made under section 32(3) of the Agricultural Workers Act 1977 or in any agreement deemed to be an award by section 34(2) of that Act if—

(a)

The parties to that award or agreement so agree; or

(b)

A conciliation council constituted under section 30 of that Act so determines by unanimous decision of its members.

(3)

No general order shall apply to any collective agreement or award that contains a provision to the effect that no general order shall apply to it.

Compare: 1969, No. 37, s. 7(1)–(2); 1973, No. 19, s. 234(1); S.R. 1974/143, reg. 16h(6); S.R. 1976/124, reg. 4

12 Scope of general orders

(1)

In making any general order the Court may exclude from the scope of the order such portion of the remuneration in each week of the workers affected by the order as exceeds an amount determined by the Court, which amount may be varied as the Court thinks fit in the case of junior workers.

(2)

Where any such exclusion is made, the increase or reduction provided for by the order shall apply to the unexcluded portion of the remuneration of each worker.

Compare: 1969, No. 37, s. 8; 1973, No. 19, s. 234(1)

13 Duration of general order

Where a general order applies to any award or collective agreement that general order shall, subject to any order under section 10 of this Act, continue to have effect in relation to that award or agreement until a provision that provides for that general order to cease to have effect in relation to that award or agreement becomes operative under an award or collective agreement made on or after the date of the making of the general order.

14 Apprentices

(1)

The powers conferred on the Court by sections 5, 10, and 12 of this Act may, on application in that behalf, be exercised by the Court in respect of any apprenticeship order that is in force when the powers are exercised in respect of any award or collective agreement, unless the amendment made to the award or collective agreement automatically applies to the apprenticeship order by reason of the fact that the rates of remuneration of apprentices are fixed by the apprenticeship order as proportions of the rates of remuneration from time to time fixed for journeymen.

(2)

Any amendment made by the Court under this section to any apprenticeship order shall, on and from the date on which it takes effect, be deemed to apply according to its tenor to all contracts of apprenticeship in force on that date and entered into subject either to the provisions of that apprenticeship order or to the provisions of an apprenticeship order that has before that date been superseded directly or indirectly by that apprenticeship order; and where the amendment takes effect before the date on which it is made it shall, on and from the date of the commencement of the apprenticeship, be deemed to apply according to its tenor to every contract of apprenticeship so entered into between the time at which the amendment takes effect and the date on which it is made.

(3)

Where an amendment has been made by the Court under this section to any apprenticeship order the Court may of its own motion, after affording the Apprenticeship Committees concerned (if any) an opportunity of being heard or of making written submissions, make a corresponding amendment to such other apprenticeship orders as the Court thinks fit, whether in respect of the same industry or any other industry.

Compare: 1969, No. 37, s. 11; 1973, No. 19, s. 234(1)

15 Varying application of awards and collective agreements

(1)

This section applies to every provision in an award or collective agreement which provides that the award or collective agreement or any part thereof shall or shall not apply to any class of workers defined by reference to a specified monetary amount.

(2)

Where a general order increases any rates of remuneration determined by an award or collective agreement that contains any provision to which this section applies, the general order shall be deemed to apply to every monetary amount specified in that provision.

Compare: 1969, No. 37, s. 12; 1973, No. 19, s. 234(1); S.R. 1974/143, reg. 16i; S.R. 1976/124, reg. 4; S.R. 1976/157, regs. 3(5)(a), 17(1)

16 Repeals

(1)

The General Wage Orders Act 1969 is hereby repealed.

(2)

The Industrial Relations Act 1973 is hereby consequentially amended by repealing so much of the Third Schedule as relates to the General Wage Orders Act 1969.

(3)

The Agricultural Workers Act 1977 is hereby consequentially amended by repealing so much of the Second Schedule as relates to the General Wage Orders Act 1969.

(4)

The Human Rights Commission Act 1977 is hereby consequentially amended by repealing so much of the First Schedule as relates to the General Wage Orders Act 1969.

17 Revocations

(1)

The Wage Adjustment Regulations 1974 are hereby amended by revoking—

(a)

Regulation 6(4) (as substituted by regulation 3 of the Wage Adjustment Regulations 1974, Amendment No. 13):

(b)

Regulation 15 (as substituted by regulation 3 of the Wage Adjustment Regulations 1974, Amendment No. 9):

(c)

Part 1a (as inserted by regulation 4 of the Wage Adjustment Regulations 1974, Amendment No. 9):

(d)

Regulation 35 (as substituted by regulation 7(1) of the Wage Adjustment Regulations 1974, Amendment No. 9).

(2)

The following regulations are hereby consequentially revoked, namely,—

(a)

Regulation 4 of the Wage Adjustment Regulations 1974, Amendment No. 9:

(b)

Regulations 3(5), 8, 9, and 17(1) of the Wage Adjustment Regulations 1974, Amendment No. 10:

(c)

So much of Part I of the Schedule to the Wage Adjustment Regulations 1974, Amendment No. 13 as relates to regulation 16h and regulation 16i of the Wage Adjustment Regulations 1974.

(3)

Every reference in any Act, rule, regulation, bylaw, judgment, order, contract, agreement, award, collective agreement, or other document whatsoever to any order made under regulation 16h(1) of the Wage Adjustment Regulations 1974 shall hereafter, unless the context otherwise requires, be read as a reference to a general order, or, as the case may require, an order, made under this Act.

(4)

Nothing in this Act shall affect the validity of any order made under regulation 16h(1) of the Wage Adjustment Regulations 1974 before the commencement of this Act or the validity of any increase in rates of remuneration effected pursuant to any such order or any provision of those regulations before the commencement of this Act.

18 Transitional provisions

(1)

Where before the commencement of this Act an application has been made under regulation 16h(1) of the Wage Adjustment Regulations 1974 to the Wage Hearing Tribunal established by those regulations but has not been determined by that Tribunal before that date, the application shall be determined by the Court pursuant to section 5 of this Act as if it had been made to the Court under the said section 5.

(2)

Every decision made by the said Wage Hearing Tribunal before the commencement of this Act shall continue in force as if it were a general order made by the Court under this Act.

(3)

All records and documents of any kind of the said Wage Hearing Tribunal shall be transmitted to the Court and retained by the Court as if they were records and documents of the Court.

This Act is administered in the Department of Labour.

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General Wage Orders Act 1977