New Zealand Gazette – 1900 – No. 93

Page 2034

✨ Industrial Conciliation and Arbitration Regulations



2034
THE NEW ZEALAND GAZETTE.
[No. 93

  1. The successor to a member of the Board shall be elected by the division of unions which elected such member.

  2. For the purpose of electing the Chairman of the Board, the members present at the meeting called for the purpose shall select to preside at that meeting one of their number, who shall have a deliberative but no casting vote. Nominations of qualified persons shall then be received from members. If there be only one person nominated, he shall be declared elected as Chairman.

  3. If there be more such nominations than one, the person receiving an absolute majority of votes of the members present shall be elected. To that end the names of all the persons so nominated shall be written on a list and submitted to the vote. The name of the person receiving the smallest number of votes shall be struck out, and the remaining names shall be again submitted to the vote. This process is to be repeated until some one person receives the votes of the majority of the members present and voting, and he shall be the elected Chairman.

  4. In the event of two such persons remaining on the list with an equal number of votes, and neither of them being able to obtain an absolute majority, then, when all reasonable attempts to secure an absolute majority have failed, the members of the Board shall be deemed to have refused to elect a Chairman, and the Governor shall appoint one.

INDUSTRIAL DISPUTES.

  1. Applications for the reference of an industrial dispute for settlement to the Board (hereinafter called “a Reference”) may be in the form numbered 10 in the Schedule hereto.

  2. When lodging a Reference with the Clerk, the applicant shall also lodge as many copies thereof as there are other parties to the dispute. The applicant shall file the original, and the Clerk shall indorse on each copy a memorandum signed by him, setting forth the fact and date of the filing of the original, and shall then forthwith post one such copy by registered letter, addressed to each of the said other parties to the dispute.

  3. All References shall be numbered consecutively in the order in which they are filed, and the Clerk shall keep a register thereof, setting forth the number of the Reference and the date of the filing thereof, together with the name of the applicant and of the other parties to the Reference.

  4. All documents subsequently filed, lodged, or issued in the matter of the Reference shall bear the same number as the Reference to which they relate, and shall be intituled in the form numbered 11 in the Schedule hereto.

  5. The Clerk shall convene a meeting of the Board by posting to each member a notice in the form numbered 12 in the Schedule hereto.

  6. The date of such meeting shall be not sooner than seven nor later than fourteen days after the day on which the notice convening the same is posted, and the notice shall be posted within three days after the filing of the Reference.

  7. The Clerk shall post by registered letter, addressed to each party to the Reference, a notice of the day, hour, and place of such meeting.

  8. Such notice shall be in the form numbered 13 in the Schedule hereto, and shall be posted at least three days before and exclusive of the day of meeting.

  9. A party to a Reference who desires to appear by agent, or (where allowed) by solicitor or counsel, shall sign and file in the office of the Clerk a warrant in the form numbered 14 in the Schedule hereto.

  10. Where all the parties to a Reference consent to the appearance of counsel or solicitor, such consent shall be given in the form numbered 15 in the Schedule hereto, and the same shall be filed in the office of the Clerk.

  11. The memorandum of settlement referred to in section 56 of the Act may be in the form, or to the effect, numbered 16 in the Schedule hereto.

  12. The memorandum of consent referred to in section 57 of the Act may be in the form, or to the effect, numbered 17 in the Schedule hereto.

WITNESSES.

  1. A summons to a witness shall be in duplicate, in the form numbered 18 in the Schedule hereto. The Clerk shall sign both duplicates, retaining one and issuing the other for service by the applicant. Service shall be effected by delivering a copy to the witness, and at the same time producing the original for his inspection if so desired.

  2. Any number of witnesses may be included in one summons; but the copy served need contain only the name of the witness upon whom it is served. If the summons is issued out of the Court of Arbitration it shall bear the seal of the Court; if issued by the Board of Conciliation, it shall be signed by the Clerk on behalf of the Board.

THE COURT OF ARBITRATION.

  1. Whenever the Board desires to refer any matter before them to be settled by the Court of Arbitration, the Board shall in its report specify the matter with reasonable particularity, and refer it to be settled by the Court; and forthwith (upon the filing of such report) such matter, and also the industrial dispute to which it relates, shall be deemed to be before the Court, and the Clerk shall transmit to the Court all the papers and proceedings in the reference.

  2. Upon receipt from the Clerk of a certified copy of the Board’s report that they have been unable to bring about any settlement of an industrial dispute satisfactory to the parties thereto, any of the parties thereto may, by notice in the Form No. 19 in the Schedule hereto, require the Clerk to refer the dispute to the Court; and forthwith upon the filing of such notice the dispute to which it relates shall be deemed to be before the Court.

  3. All papers and proceedings before the Court shall bear the same number as before the Board, and be similarly intituled, with the addition of the words, “Before the Court of Arbitration.”

  4. The Clerk in each industrial district shall be an officer of the Court, and shall attend all sittings thereof in his district. He shall keep the minutes of proceedings and the records of the Court, and perform all such duties and exercise all such functions as the Court may direct.

  5. Whenever the Clerk cannot conveniently attend the sittings of the Court, the Minister of Justice may appoint any other fit person to attend such sittings in the stead and as the deputy of the Clerk, and the deputy whilst so attending shall perform the functions and duties of the Clerk.

  6. Whenever the Clerk (being the Deputy Registrar of the Supreme Court) is absent from the office of that Court the person for the time being acting as Deputy Registrar shall also act as the Clerk.

  7. The Court may prescribe rules of procedure and practice relative to all matters with which it has to do, and such rules shall be as valid as if incorporated with these regulations.

ENFORCEMENT OF AWARD.

  1. Application to the Court for the enforcement of any award made under the principal Act by reason of any breach thereof or default shall be in the form No. 20 in the Schedule hereto, and such application shall be lodged in triplicate with the Clerk.

  2. Every certificate to be given by the Clerk under the provisions of section 94, subsection (5), of the Act shall be in the form No. 21 in the Schedule hereto.

APPOINTMENT OF EXPERTS AS ASSESSORS.

  1. The nomination of an expert to sit as an Assessor with the members of a Board or Court, as provided in section 101 of the Act, shall be in the form or to the effect of No. 22 in the Schedule hereto.

  2. Every expert so nominated shall, by writing under his hand either on the nomination-paper or separate therefrom, signify his consent to act as Assessor.

  3. The nomination-paper shall be lodged with the Clerk of Awards without fee.

  4. If any Assessor dies, resigns, or refuses to act, the party nominating him may forthwith appoint another expert in his place: Provided that the proceedings shall not abate or be affected by any such vacancy.

  5. The party or parties nominating an Assessor shall pay such Assessor’s fee.

FEES.

  1. The following fees shall be payable to the Clerk, and (in the first instance) by the person or party on whose application the matter referred to is done:—

For filing industrial agreement .. .. 5 0
For filing any other document .. .. 3 0
For issue of a summons (including seal of Court) .. .. 3 0
For affixing seal of Court .. .. 3 0
Report or recommendation of Board .. 10 0
Certified copy thereof .. .. 3 0
In procedure for obtaining evidence at a distance: The fees prescribed under “The Magistrates’ Courts Act, 1893.”
Award of Court (including seal) .. .. 10 0
Order of Court (including seal) .. .. 3 0
Notice of application to Court .. .. 2 0

  1. All fees shall be paid in stamps.

SCHEDULE.

Form 1 (Reg. 1).

Under “The Industrial Conciliation and Arbitration Act, 1900.”

APPLICATION FOR REGISTRATION.

PURSUANT to the provisions of “The Industrial Conciliation and Arbitration Act, 1900,” we hereby make application for



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VUW Te Waharoa — PDF NZ Gazette 1900, No 93




✨ LLM interpretation of page content

👷 Regulations under The Industrial Conciliation and Arbitration Act, 1900 (continued from previous page)

👷 Labour & Employment
1 November 1900
Industrial Conciliation, Arbitration Act, Regulations, Industrial Unions, Industrial Associations, Industrial Agreements, Boards of Conciliation