named as desired. It therefore seems proper, in the beginning, to set forth the said Act in full:

THE NEW ZEALAND INDUSTRIAL CONCILIATION AND ARBITRATION ACT OF August 31, 1894, WITH THE PROVISIONS OF THE AMENDING ACTS OF OCTOBER 18, 1895, OCTOBER 17, 1896, AND NOVEMBER 5, 1898, INCORPORATED.

An Act to Facilitate the Settlement of Industrial Disputes by Conciliation and Arbitration, 31st August, 1894.a

Be it enacted by the General Assembly of New Zealand, in Parliament assembled, and by the authority of the same, as follows:

1. The short title of this Act is "The Industrial Conciliation and Arbitration Act, 1894." It shall come into force on the first day of January, one thousand eight hundred and ninety-five.

2. In this Act, unless the context otherwise requires, "Association" means an industrial association registered pursuant to this Act.

66 'Board means a board of conciliation for an industrial district constituted under this Act, and includes a special board of conciliation.

"Court" means the court of arbitration constituted under this Act.

'Employer" includes persons, firms, companies, and corporations employing

workers.b

"Industrial dispute" means any dispute arising between one or more employers or industrial unions, trade-unions, or associations of employers and one or more industrial unions, trade-unions, or associations of workers in relation to industrial matters as herein defined.

"Industrial matters' means all matters or things affecting or relating to work done or to be done, or the privileges, rights, or duties of employers or workers in any industry, and not involving questions which are or may be the subject of proceedings for an indictable offense; and, without limiting the general nature of the above definition, includes all or any matters relating to

(a) The wages, allowances, or remuneration of any persons 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, 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) Any established custom or usage of any industry, either generally or in the particular district affected;

(e) Any claim arising under an industrial agreement.

"Industrial union" means an industrial union registered and incorporated under this Act.

66

Industry" means any business, trade, manufacture, undertaking, calling, or employment of an industrial character.

"Officer" of a trade-union, industrial union, or association of workers, means only the president, vice-president, secretary, or treasurer of such body.

"Prescribed manner" means the manner prescribed by regulations made pursuant to this Act.

'Registrar" means the Registrar of Friendly Societies.

"Supreme Court office" means the office of the supreme court in the district consti

a The words "to encourage the formation of industrial unions and associations and," appearing immediately after the word “Act” in the principal Act, were suppressed by the Amendment Act, 1898.

The principal Act uses the word "workmen." The Amendment Act, 1895, provides that the word "workers" shall be substituted for "workmen " throughout the Act.

tuted under "The Supreme Court Act, 1882," wherein any matter arises to which such expression relates; and, where there are two such offices in any such district, it means that one of such offices 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.” Words in this Act referring to any clerk, person, officer, office, place, locality, union, association, or other matter or thing, shall be construed distributively as referring to each clerk, person, officer, office, place, locality, union, association, or matter or thing to whom or to which the provision is applicable.

ᏢᎪᎡᎢ 1.

REGISTRATION OF INDUSTRIAL UNIONS AND ASSOCIATIONS.

(1) Industrial Unions.

3. A society consisting of any number of persons not being less than five,a residing within the colony, lawfully associated for the purpose of protecting or furthering the interests of employés or workers in or in connection with any industry in the colony, and whether formed before or after the passage of this Act, may be registered as an industrial union pursuant to this Act on compliance with the following provisions:

(1) An application for registration, stating the name of the proposed industrial union, shall be made to the registrar, signed by two or more officers of the society.

(2) Such application shall be accompanied by (a) a list of the members and officers of the society; (b) two copies of the rules of the society; (c) 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.

(3) Such rules shall specify the purposes for which the society is formed, and shall provide for

(a) The appointment of a committee of management, a chairman, secretary, and any other necessary officers; or, if thought fit, of a trustee or trustees; and for supplying any vacancy occurring through any cause prescribed by the rules, or by death or resignation;

(b) The powers, duties, and removal of the committee, and of any chairman, secretary, or other officer or trustee of the society, and the control of the committee by general or special meetings;

(c) The manner of calling general or special meetings, the quorum thereat, and the manner of voting thereat;

(d) The mode in which industrial agreements and any other instruments shall be made and by whom executed on behalf of the society, and in what manner the society shall be represented in any proceedings before a board or the court;

(e) The custody and use of the seal, including power to alter or renew the same; (f) The control of the property of the society, and the investment of the funds thereof, and for an annual or other periodical audit of the accounts;

(g) The inspection of the books and the names of members of the society by every person having an interest in the funds thereof;

(h) 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 or other dues payable by him to the union under its rules, and which fees or dues, in so far as they are owing for any period of membership subsequent to the registration of the society under this Act, may be used for and recovered in any court of competent jurisdiction by any person or authority empowered to do so by law or by such rules;

(i) 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.

4. (1) The rules may also provide for any other matters not contrary to law, and for

a Changed from seven in the principal Act to five by the Amendment Act, 1895.

their amendment, repeal, or alteration, but so that the requisites of subsection three of the last preceding section shall always be provided for.

(2) Copies of all amendments or alterations of any rules shall, after being verified by the secretary or some other officer of the society, be sent to the registrar, who shall record the same.

(3) A printed copy of the rules of the society shall be delivered by the society to any person requiring the same, on payment of a sum not exceeding one shilling (24 cents). Notwithstanding anything to the contrary contained in section three of the principal Act, it is hereby enacted as follows: Where a co-partnership firm is a member of any such society, each individual partner residing in New Zealand shall be deemed an individual member of the society, and also of the industrial union when such society is registered as a union; any incorporated or registered company may be registered as an industrial union of employers.a

Each industrial union shall be deemed to be in the industrial district wherein its registered office is situate, and shall exercise its right of voting at the election of the board of that district accordingly, or in any industrial district in which such industrial union shall carry on its business, or any branch or part of its business; and for such purpose any such union may also be registered in any or every of such industrial district or districts.b

In the case of any incorporated or registered company the directors shall sufficiently represent the members for the purpose of the application to register as an industrial union of employers, and the resolution prescribed by subsection one of section three of the principal Act may accordingly be a resolution of the directors.c

5. On being satisfied that the provisions of section three in relation to an application for registration have been complied with, the registrar shall register the society, without fee, as an industrial union pursuant to the application, and shall issue a certificate of registry and incorporation, which, unless proved to have been canceled, shall be conclusive evidence of the fact of such registration and incorporation, and of the validity thereof.

6. Upon receiving such certificate, every such industrial union shall become a body corporate, by the registered name, having perpetual succession until dissolved or the registration thereof is canceled as hereinafter provided, and shall have a common seal. There shall be inserted in the registered name of every industrial union the word 'employers," or "workers," according to whether such union shall be a union of employers or workers, as thus: The Bootmakers' Industrial Union of Workers.

7. Any industrial union may purchase or take on lease, in the name of the union or of trustees for such union, any house or building, and any land, and may sell, mortgage, exchange, or let the same, or any part thereof; and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire whether the union or the trustees have authority for such sale, mortgage, exchange, or letting; and the receipt of such trustees shall be a discharge for the money arising therefrom.

8. Any trade-union registered under "The Trade-Union Act, 1878," may be registered by the same name (with the insertion of such additional words as aforesaid) under this Act by making application to the registrar for the purpose; and the registrar shall register such trade-union as an industrial union accordingly, and issue a certificate of registration and incorporation as herein before provided.

For the purposes of this Act every branch of a trade-union shall be considered as a distinct union, and may be separately registered as an industrial union under this Act; and the rules for the time being of any trade-union, with such addition or modification as may be necessary to give effect to this Act, shall be deemed to be the rules of the industrial union when registered under this enactment; provided, that the registrar shall not refuse to register a trade-union the rules of which contain such addition or

a This paragraph was inserted by the Amendment Act, 1895. The clause making five the minimum membership of an industrial union is not reproduced, as the change has already been noted.

This paragraph was inserted by the Amendment Acts of 1895 and 1896, the latter amending the former by adding part beginning with "or in any industrial district," etc. This paragraph was inserted by the Amendment Act, 1896.

modification as aforesaid, unless such rules are distinctly contrary to some express provision of this Act.

9. No industrial union shall 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.

10. The effect of registration shall be to render the industrial union, and all persons who may be members of any society or trade-union registered as an industrial union at the time of registration, or who after such registration may become members of any society or trade-union so registered, 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 the membership.

11. Any industrial union may at any time apply to the registrar in the prescribed manner for a cancellation of the registration thereof, and the registrar, after giving six weeks' public notice of his intention so to do, may cancel such registration; but no registration shall be canceled during the progress of any conciliation or arbitration affecting such union until the board or court has given its decision or made its award, nor in any case unless the registrar shall be satisfied that the cancellation is desired by a majority of the members of the union; and no cancellation of any registration shall relieve any industrial union, or any member thereof, from the obligation of any industrial agreement or award of the court.

(2) Industrial Associations.

12. Any council or other body, however designated, representing any number of industrial unions established within the colony, may be registered as an industrial association pursuant to this Act.

All the provisions of this Act herein before contained in sections three to eleven inclusive, shall, mutatis mutandis, extend and apply to an industrial association, and shall be read and construed accordingly, so far as applicable.

(3) General.

13. In the months of January and July in every year there shall be forwarded to the registrar by every association a list of the unions constituting such association; and in the same months in every year there shall be forwarded to the registrar by every industrial union a list of the members of such union. Each such list shall be verified by the statutory declaration of the president or chairman of each such association and union, and such statutory declaration shall be prima facie evidence of the truth of the matters therein set forth. Each such list shall specify the names of all the officers (including trustees) of each such association or union.a

14. Every association or industrial union making default in forwarding to the registrar any list required to be forwarded by the last-preceding section shall be guilty of an offense against this Act, punishable by a penalty not exceeding two pounds ($9.73) for every week during which such default continues; and every member of the council of any such association or committee of any such union who willfully permits such default shall be guilty of a similar offense, punishable by a penalty not exceeding five shillings ($1.22) for every week during which he willfully permits such default.

15. Every association or 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 secre. tary of such union or association, or by leaving the same at the registered office of such union or association.

16. All deeds and instruments of any kind which the union or association is required to execute for the purpose of this Act, or any regulations in force thereunder, may be made and executed under the seal of such union or association and signed by the chairman and secretary thereof, or in such other manner as may be provided in the rules of the union or association.

a This paragraph was inserted by the Amendment Act, 1895.

PART 2.

INDUSTRIAL AGREEMENTS.

17. The parties to industrial agreements may be (1) trade-unions, (2) industrial unions, (3) industrial associations, (4) 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.

18. Every industrial agreement may be varied, renewed, or canceled by any subsequent industrial agreement made by and between the parties thereto, or any additional parties, but so that no person shall be deprived of the benefit of any industrial agreement to which he is a party by any subsequent industrial agreement to which he is not a party.

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19. Every industrial agreement shall be for a term to be specified therein, not exceeding three years from the date of the making thereof, and shall commence as follows: "This agreement, made in pursuance of 'The Industrial Conciliation and Arbitration Act, 1894,' this day of between ..," and then set out the matters agreed upon; and the date of the making of such agreement shall be the date when such agreement shall be first signed or executed by any party thereto; and such date, and the names of all industrial unions, trade-unions, associations, or employers, parties to such agreement, shall be truly stated therein.

20. A duplicate of every industrial agreement shall be filed in the supreme court office within thirty days of the making thereof, and a fee of five shillings ($1.22) shall be paid in respect of every agreement so filed.

21. Every industrial agreement duly made and executed shall be binding on the parties thereto and on every person who at any time during the term of such agreement is a member of any industrial union, trade-union, or association party thereto, and on every employer who shall in the prescribed manner signify to the registrar of the supreme court where such agreement is filed concurrence therein, and every such employer shall be entitled to the benefit thereof, and be deemed to be a party thereto.

22. (1) For the purpose of enforcing industrial agreements, whether made before or after the coming into operation of this Act, the provisions of the last-preceding section hereof (see Section 75-81), 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.a

(2) Any industrial agreement may fix and determine what shall constitute a breach of an agreement within the meaning of this Act.

(3) Nothing herein contained shall deprive any person who may be damnified of his right of action for redress or compensation in respect of any breach of an agreement. 23. (Repealed by the Amendment Act, 1898. See footnote to section twenty-two.)

PART 3.

CONCILIATION AND ARBITRATION.

(1) Preliminary.

24. (1) The Governor may from time to time divide New Zealand, or any portion thereof, into such districts as he shall think fit, to be called "industrial districts," and notice of the constitution of every such district shall be given in the Gazette as occasion requires.

(2) If any such district is constituted by reference to, or be included within, the limits or boundaries of any other portion of the colony defined or created under any Act, then, in case of the alteration of the boundaries of such portion of the colony, such alteration shall take effect in respect of the district constituted under this section without any further proceeding, unless the Governor shall otherwise determine.

25. In and for every industrial district the Governor shall appoint a clerk of awards (hereinafter referred to as "the clerk"), who shall be attached to the office of the registrar,

a The provisions of this paragraph are in substitution of the provisions of subsection (1) of section twenty-two, and of section twenty-three, of the principal Act, according to the Amendment Act, 1898.