3334
THE NEW ZEALAND GAZETTE.
[No. 107

shall be in the Form No. 14, and shall be forwarded to the Clerk of Awards for the district (together with as many copies as there are other parties to the dispute) for transmission to the Commissioner (Amend. Act, 1908, sec. 30).

14. The ballot of the members of an industrial union approving of the reference of an industrial dispute to a Council of Conciliation shall be in the Form No. 15.

The certificate of the Chairman of such union, as evidence of compliance with section 107 of the Act, shall be in the Form No. 16, and shall accompany the application to the Council (sec. 107).

15. The certificate of the chairman of an industrial association, as evidence of compliance with section 107 of the Act, shall be in the Form No. 17, and shall accompany the application to the Council (sec. 107).

16. The Clerk shall indorse the date of filing on the original of each reference. All references shall be numbered consecutively in the order in which they are filed, and 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.

17. The citation of the respondents to attend at the hearing of the dispute and in the meantime to recommend qualified persons for appointment as Assessors shall be in the Form No. 18 (Amend. Act, 1908, sec. 31).

18. The recommendation of respondent’s Assessors in an industrial dispute shall be in the Form No. 19 (Amend. Act, 1908, sec. 32).

19. The appointment of Assessors by the Commissioner shall be in the Form No. 20, a copy of which shall be forwarded by the Clerk of Awards to each of them (Amend. Act, 1908, sec. 32).

20. The Commissioner shall, through the Clerk of Awards, convene a meeting of the Council of Conciliation by forwarding to each member a notice in the Form No. 21. The Clerk shall also post a copy of the said notice by registered letter addressed to each party to the reference.

21. An employer, party to a dispute, who desires to appear by an agent shall sign and file in the office of the Clerk a warrant in the Form No. 22 (Amend. Act, 1908, sec. 36).

22. If any industrial union, or association, party to a dispute, desires to appear before the Council by persons other than its chairman or secretary, it may appoint not more than three persons by warrant in the Form No. 23 (Amend. Act, 1908, sec. 36).

23. The nomination of an expert to sit with the members of a Council or the Court shall be in the Form No. 24, and shall be lodged with the Clerk. Every expert so nominated shall by writing under his hand, either on the nomination-paper or separate therefrom, signify his consent to act.

If any expert dies, resigns, or refuses to act, the party nominating him may forthwith nominate another expert in his place: Provided that the proceedings shall not abate or be affected by any such vacancy. The party or parties nominating an expert shall pay his fee (sec. 112).

24. The record of the proceedings of a Council of Conciliation shall show the days, hours, &c., during which the Council sits, the attendance of its members, together with particulars of the disputes, or other business dealt with.

In certifying to vouchers for payment of fees and expenses of members of the Council, the Commissioner, or Clerk, shall refer and be guided by such record (Amend. Act, 1908, sec. 35).

25. Application to join or strike out parties to a dispute before the Council shall be in the Form No. 25.

The applicant shall lodge as many copies as there are parties with the Clerk, who shall post by registered letter a copy of such application to each party (Amend. Act. 1908, sec. 38.)

26. The notification by the Commissioner to the Clerk of Awards of failure to settle industrial dispute shall be in the Form No. 26 (Amend. Act, 1908, sec. 42).

27. If a recommendation of the Council is made it shall be in the Form No. 27 (Amend. Act, 1908, sec. 43).

28. The recommendations of a Council of Conciliation shall be published by the Clerk of Awards by handing a copy of same to the local Press.

WITNESSES.

29. A summons to a witness to give evidence before a Council of Conciliation, or the Court of Arbitration, shall be in duplicate in the Form No. 28.

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.

Any number of witnesses may be included in one summons, but the copy served need contain only the name of the witness on whom it is served. It shall be sealed and signed by the Clerk (sec. 83, principal Act; and Amend. Act, 1908, sec. 35).

THE COURT OF ARBITRATION.

30. The recommendations of industrial unions of persons for appointment as members of the Court shall be in the Form No. 29 (sec. 66).

31. The reference of an industrial dispute to the Court for settlement shall be in the Form No. 30, and shall be transmitted to the Registrar of the Court by the Clerk of Awards. The Clerk shall file a copy of the reference in his office, and shall indorse on same the date of filing (sec. 77, principal Act; and Amend. Act., 1908, sec. 46).

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

33. The Registrar of the Court shall attend all sittings thereof. 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.

In the absence of the Registrar, the Clerk of Awards for the district shall act in his stead, and perform the functions and duties of the Registrar.

Whenever the Deputy Registrar of the Supreme Court is also Clerk of Awards, and is absent from the office of that Court, the person for the time being acting as Deputy Registrar shall also act as the Clerk (secs. 34 and 75).

34. The Clerk of Awards for the district shall send three clear days’ notice of the sittings of the Court to deal with any dispute referred to it to the parties thereto, and to each member of the Court, and such notice shall be in the form No. 31 (sec. 79).

35. Notice of consent by other parties to the dispute to the appearance of a barrister or solicitor before the Court of Arbitration shall be in the Form No. 32 (sec. 80).

36. Application to amend an award made by any party bound by such award shall be in the Form No. 33, and filed with the Clerk for the district, together with as many copies thereof as there are other parties to the dispute (sec. 93).

37. Notice to the parties to the award of such application shall be in the Form No. 34, and shall be served by the Clerk, together with a copy of the application (sec. 93).

38. Application to extend an award to other parties connected with or engaged in the same industry, or to add parties to an award, shall be in the Form No. 35 or 36, as the case may be, and shall be filed with the Clerk, together with as many copies as he may require (sec. 93).

39. Notice to the parties of such application shall be in the Form No. 37 or 38, as the case may be, and shall be served by the Clerk, together with a copy of the application and a copy of the award (sec. 93).

40. Application to the Court by any of the parties to an award to fix and determine what shall constitute a breach of such award shall be in the Form No. 39, and shall be filed with the Clerk (sec. 97).

41. Application for an underrate workers’ permit, notice to the industrial union of workers of the hearing of such application, and the permit, if issued, shall be in the Forms Nos. 40, 41, and 42. A report of the hearing of the application (together with a copy of the permit, if issued) shall be forwarded by the Inspector conducting same to the Chief Inspector (sec. 123, principal Act; and Amend. Act., 1908, sec. 65).

42. The wages and overtime book to be kept by every employer bound by an award or industrial agreement shall be in the Form No. 43, or such other similar form as approved by an Inspector of Awards (Amend. Act., 1908, sec. 58).

43. The certificate of age granted by an official of the Labour Department shall be in the Form No. 44. The Inspector shall be satisfied by certificate from the Registrar of Births, or by a statutory declaration made by any person competent to depose to the fact. Such certificate shall be granted without fee, and every such statutory declaration shall be exempt from stamp duty (Amend. Act, 1908, sec. 62).

44. When an award or industrial agreement is made which applies to a factory or shop, the Inspector of Awards shall deliver personally, or post by registered letter, a notice to the occupier thereof in the Form No. 45, requiring him to affix a printed or typewritten copy of such award or industrial agreement in some conspicuous place at or near the entrance of the factory or shop (Amend. Act, 1908, sec. 63).

ACTION FOR STRIKES, LOCKOUTS, BREACHES OF AWARDS, AND INDUSTRIAL AGREEMENTS.

45. An action in the Magistrate’s Court to recover a penalty or penalties for any breach or breaches of an award or an industrial agreement, or for an offence under sections 5 or 6 of “The Industrial Conciliation and Arbitration Amendment Act, 1908,” shall be commenced by filing a plaint-note in the Form No. 46 in the office of the Magistrate’s Court mentioned in section 14 of the said Amendment Act of 1908.