Industrial Conciliation and Arbitration Regulations




1900

THE NEW ZEALAND GAZETTE.

No. 52

time to recommend qualified persons for appointment as assessors, shall be in the form No. 5D. (Am. Act, 1908, sec. 31.)

  1. In appointing a day for the hearing of a dispute the Commissioner shall allow sufficient time to enable the respondents to prepare and lodge admissions or counter-proposals in pursuance of section 5 of the Amendment Act of 1911. Every such admission or counter-proposal, together with as many copies as there are applicant parties and six additional copies, shall be lodged with the Commissioner at the office of the Clerk of Awards.

  2. The recommendation of assessors by the respondents in an industrial dispute shall be in the form No. 5E. (Am. Act, 1908, secs. 31 and 32.)

  3. The appointment of assessors by the Commissioner shall be in the form No. 5F. A copy of the said appointment shall be forwarded by the Clerk of Awards to each of the assessors so appointed. (Am. Act, 1908, sec. 32.)

  4. The Commissioner shall, through the Clerk of Awards, convene meetings of the Council of Conciliation by forwarding to each member a notice in the form No. 5G. The Clerk shall at the same time post a copy of the said notice by registered letter to each of the applicants. (Am. Act, 1908, sec. 35.)

  5. An employer, being party to a dispute, who desires to appear before the Council by an agent shall file in the office of the Clerk a warrant in the form No. 6A. (Am. Act, 1908, sec. 36.)

  6. An industrial union or industrial association, being party to a dispute, who desires to appear by persons other than the chairman or secretary, shall file in the office of the Clerk a warrant in the form No. 6B. (Am. Act, 1908, sec. 36.)

  7. A summons to a witness to give evidence before a Council of Conciliation shall be in duplicate in the form No. 7A.

  8. The Clerk shall sign both duplicates of every such summons, retaining one, and issuing the other for service by the applicant for the summons. 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.

  9. 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. (Am. Act, 1908, sec. 35.)

  10. The record of the proceedings of a Council of Conciliation shall show the days on which the Council sits, the hours of sitting, the attendance of its members, together with particulars as to the disputes or other business dealt with.

  11. In certifying to vouchers for payment of fees and expenses of members of the Council, the Commissioner or Clerk shall refer to and be guided by the record of the proceedings of the Council. (Am. Act, 1908, sec. 33.)

  12. Application to join or strike out parties to a dispute before the Council shall be in the form No. 8A.

  13. The applicant shall lodge with the Clerk as many copies of the application as there are parties to be joined or struck out, and six additional copies. The Clerk shall thereupon post by registered letter to each party concerned a copy of such application, indorsed with a notification in the form No. 8B, showing where and when the application is to be heard. If the Commissioner joins or strikes out any party or parties he shall send to the Clerk of Awards notice in duplicate of the fact.

  14. If the application is to join parties the applicant shall also lodge with the Clerk as many copies of the original application under Regulation 14 hereof as there are parties proposed to be so joined, and the Clerk shall, with the application to join parties, post one copy of such original application to each such party. (Am. Act, 1908, sec. 38.)

  15. The notification by the Commissioner to the Clerk of Awards of failure to settle an industrial dispute shall be in the form No. 9A. (Am. Act, 1908, sec. 42.)

  16. If a recommendation of the Council is made under section 43 of the Amendment Act of 1908 it shall be in the form No. 9B, and the Conciliation Commissioner shall send it, together with three copies thereof, to the Clerk of Awards. (Am. Act, 1908, sec. 43.)

  17. The recommendation of a Council of Conciliation shall be published by the Clerk of Awards in the Gazette or in some newspaper circulating in the locality in which the dispute has arisen. (Am. Act, 1908, sec. 43.)

  18. The notice of the filing of a recommendation shall be in the form No. 9C. (Am. Act, 1911, sec. 7.)

  19. (1.) The notice to be given to the parties to a dispute in the event of no notice of disagreement with the recommendation of a Council of Conciliation being filed within the prescribed time shall be in the form No. 9D. (Am. Act, 1911, sec. 7.)

(2.) The indorsement upon a recommendation which, by virtue of section 7 of the Amendment Act of 1911, has been rendered operative and enforceable as an award shall be in the form or to the effect following, namely : “No notice of disagreement with the recommendation herein having been filed, and the parties having been notified accordingly on the day of , 19 , the said recommendation, by virtue of section 7 of the Industrial Conciliation and Arbitration Amendment Act, 1911, has been rendered operative and enforceable as an award as from seven days after the date of such notification.”

The Court of Arbitration.

  1. The recommendations by industrial unions of persons for appointment as members of the Court shall be in the form No. 10A. (Sec. 66.)

  2. Application to the Court of Arbitration for the extension of an industrial agreement to all employers engaged in the industry concerned in an industrial district or for an order declaring an agreement to be an award shall be in the form No. 11A or 11B, as the case may be, and shall be filed with the Clerk of Awards for the district, together with as many copies thereof as he may require. (Am. Act, 1908, sec. 67 ; Am. Act, 1911, sec. 3.)

  3. Notice of an application under section 67 of the Amendment Act of 1908 shall be given in the form No. 11C by advertisement in some newspaper circulating in the district.

  4. Where notification has been delivered to the Clerk of Awards that no settlement of an industrial dispute has been arrived at by the Council of Conciliation to which the dispute has been referred, the following provisions shall apply :—

(a.) If the Council has made no recommendation for the settlement of the dispute, the Clerk shall refer the matter to the Court for settlement in the form No. 12A.

(b.) If the Council has made a recommendation, to which a party to the dispute has duly signified his disagreement, the Clerk shall, as soon as possible after the expiration of the time allowed for filing notices of disagreement, refer the matter to the Court for settlement in the form No. 12B.

  1. Application for an award to apply to more than one industrial district shall be in the form No. 13A. Upon receipt of any such application, the several Clerks of Awards with whom the application is filed shall, by writing under their hands, severally refer the matter to the Court for its consideration. In addition to the copy to be filed with the Clerk of Awards in each district, there shall be forwarded to each Clerk as many copies as there are other parties to the dispute in that district, and six additional copies shall be provided for transmission to the Court. (Am. Act, 1911, sec. 4.)

  2. The ballot of the members of each of the unions concerned belonging to the applicant association, and the certificates of the chairmen of the special meetings of the unions, shall be in the forms 5B and 5C respectively, with such modification as may be required. (Prin. Act, sec. 107 ; Am. Act, 1911, sec. 12.)

  3. The notice of an application by an industrial association to the Court of Arbitration for an award to apply to more than one industrial district shall be given in the form No. 13B by the Clerks of Awards of the several districts to the parties in each such district respectively. (Am. Act, 1911, sec. 4.)

  4. (1.) The notice to be given, in default of agreement among the parties, by a party of his intention to apply for the hearing at any specified place or places of an application under section 4 of the Amendment Act of 1911 shall be in the form No. 13C.

(2.) Where the parties to a dispute agree that an application under the said section 4 should be heard at a specified place or places, a memorandum of such agreement shall be filed with the several Clerks of Awards in the form No. 13D. Such memorandum may be signed by one person on behalf of the applicants and by one person on behalf of the respondents.

  1. The Clerk of Awards for the district shall send to the parties concerned at least three clear days’ notice of the sittings of the Court to deal with any dispute or other matter referred to it, and such notice shall be in the form No. 12C, 12D, or 13E, as the case may require. (Prin. Act, sec. 79 ; Am. Act, 1911, secs. 4 and 5.)

  2. All admissions or counter-proposals made by the respondents in pursuance of section 5 of the Amendment



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👷 Regulations under the Industrial Conciliation and Arbitration Act, 1908 (continued from previous page)

👷 Labour & Employment
5 June 1912
Industrial Conciliation and Arbitration, Regulations, Industrial Unions, Industrial Agreements, Industrial Disputes, Councils of Conciliation