β¨ Labour Disputes Regulations
1590 THE NEW ZEALAND GAZETTE [No. 43
(3.) In the event of the failure of the workers or employers party to a dispute to appoint the required number of members of a Labour Dispute Committee within the prescribed time, any worker or employer (as the case may be) who is a party to the dispute may recommend to the Minister the appointment of any person or persons, and the Minister shall have regard to such recommendations in making any appointment pursuant to subsection (3) of section 5 of the said Act.
(4.) Every appointment of a member of a Labour Dispute Committee made by the Minister as aforesaid, pursuant to subsection (3) of section 5 of the said Act, shall be in the form No. L. 9 in the Schedule hereto.
- (1.) As soon as practicable after the appointment by the parties or by the Minister of Labour (as the case may be) of the members of a Labour Dispute Committee, the Registrar, or such other person as the Registrar may appoint in that behalf, shall, by notice in the form No. L. 10 in the Schedule hereto, request the said members to meet for the purpose of the election of a Chairman.
(2.) On the failure of the members to elect a Chairman as aforesaid, the Minister of Labour shall make an appointment in the form No. L. 11 in the Schedule hereto.
- (1.) Notice of the time and place fixed for the investigation of a dispute, to be given by the Chairman pursuant to subsection (1) of section 6 of the said Act, shall be in the form No. L. 12 in the Schedule hereto.
(2.) A copy of the said notice shall be transmitted by the Chairman to the parties to the dispute, or to such of them on behalf of all the parties as he thinks fit.
CONDUCT OF BALLOTS.
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For the purposes of a ballot of workers to be taken pursuant to the said Act or these regulations, the Registrar shall compile a list of the names and descriptions of those workers who he is satisfied are directly concerned in the matter of the dispute, and are entitled to vote at the ballot; and the said list shall, with such alterations and additions as the Registrar thinks fit to make, be the roll of voters for the purposes of the said ballot.
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(1.) The ballot-paper to be used at a secret ballot of workers, taken pursuant to paragraph (a) of subsection (1) of section 7 of the said Act, shall be in the form No. L. 13 in the Schedule hereto, and the ballot-paper to be used at a ballot of workers, taken pursuant to paragraph (b) of the same subsection, shall be in the form No. L. 14 of the said Schedule.
(2.) The Registrar shall fix a day or days, and shall appoint such place or places as he thinks fit, for taking the ballot, and shall determine the time when the ballot shall be deemed to be closed.
(3.) Before any such ballot is taken the Registrar, in his discretion, shall either send to each person who in his opinion is entitled to vote at the ballot a notice, in the form No. L. 15 or the form No. L. 16 in the Schedule hereto, setting forth the intention to take the ballot, the issues to be submitted thereat, and the time when and the place or places where the same shall be taken; or shall advertise the said notice in such newspaper or newspapers circulating in the district as he thinks fit.
(4.) Any person who satisfies the Registrar or other person conducting the ballot that he is entitled to vote at the ballot shall, at any time after the receipt of a notice under the last preceding subclause, or after the publication of any such notice as provided in the said subclause, as the case may be, and before the close of the ballot, be entitled, on personal application to the Registrar or other person aforesaid, in lieu of recording his vote at a polling-place, to receive a ballot-paper, and there and then to record his vote. Forthwith after so recording his vote he shall put his ballot-paper into a ballot-box to be provided for the purpose, and the said ballot-box shall not be opened until after the time fixed for the close of the ballot.
(5.) Where there is more than one polling-place appointed for the conduct of the ballot, the person in charge of each such polling-place shall forthwith after the closing of the ballot transmit all the ballot-papers unopened to the Registrar or other authorized person in charge of the ballot.
- (1.) As soon as possible after the close of the ballot the Registrar or other person conducting the ballot, in the presence of such of the scrutineers appointed under subsection (2) of section 7 of the said Act as choose to be present, shall open the several ballot-papers, and, setting aside all invalid ballot-papers, shall ascertain the result of the ballot.
(2.) The notice of the result of a ballot on the question whether or not a strike shall take place or whether or not the recommendations of a Labour Dispute Committee shall be adopted shall be in the form No. L. 17 or the form No. L. 18 in the Schedule hereto, as the case may require.
- (1.) A requisition to the Registrar (pursuant to section 10 of the said Act) to conduct a secret ballot of workers directly concerned in a lawful strike during the continuance of that strike, on any question relating thereto, may be in the form No. L. 19 in the Schedule hereto.
(2.) On receipt of such requisition the Registrar shall forthwith send to every person who in his opinion is entitled to vote a notice in the form No. L. 20, or shall advertise the said notice in such newspaper or newspapers circulating in the district as he thinks fit.
(3.) The foregoing provisions of these regulations (relating to the conduct of secret ballots) shall, so far as applicable, apply to ballots under this regulation.
(4.) The ballot-papers to be used at any such ballot shall be in the form No. L. 21 in the Schedule hereto, and the result of such ballot shall be notified in the form No. L. 22 in the said Schedule.
- (1.) A direction by the Minister to the Registrar to take or cause to be taken a secret ballot of employers, pursuant to section 12 of the said Act, shall be in the form No. L. 23 or the form No. L. 24 in the Schedule hereto, as the case may require.
(2.) Forthwith on the receipt of such direction the Registrar shall give to each person entitled to vote at the ballot a notice thereof in the form No. L. 25 in the Schedule hereto, or shall advertise the said notice in such newspaper or newspapers circulating in the district as he thinks fit.
- (1.) The ballot-paper to be used at any such secret ballot of employers shall be in the form No. L. 26 or the form No. L. 27 in the Schedule hereto, as the case may require; and the result of such ballot shall be declared by notice in the form No. L. 28 or the form No. L. 29 in the said Schedule.
(2.) The foregoing provisions of these regulations (relating to the conduct of secret ballots of workers) shall, so far as applicable, apply to secret ballots of employers.
MODIFICATIONS OF PROCEDURE.
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The powers and duties conferred or imposed on the Registrar by the foregoing provisions of these regulations may be exercised or performed by any other person duly authorized by the Registrar in that behalf.
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The power conferred on the Minister by section 17 of the said Act (1) to reduce any period of notice to be given under that Act or the time within which anything may be done thereunder, or (2) to dispense with the publication of the recommendations of a Labour Dispute Committee or of the result of any ballot, may be exercised by writing under his hand in the form No. L. 30 in the Schedule hereto.
VOLUNTARY AGREEMENTS UNDER SECTION 8.
- Where an agreement relating to the terms of employment of any workers and operating within more than one industrial district is filed pursuant to section 8 of the said Act, the Clerk of Awards with whom the said agreement is filed shall forthwith transmit a certified copy thereof to the Clerk of Awards of every other industrial district within which the said agreement is in force.
SCHEDULE.
Form No. L. 1.
Section 4 (1). Under the Labour Disputes Investigation Act, 1913.
Notice of a Dispute between Workers and Employers relating to Conditions of Employment.
To the Hon. the Minister of Labour.
In the matter of a dispute relating to conditions of employment between [State parties to dispute].
In pursuance of the provisions of section 4 of the Labour Disputes Investigation Act, 1913, we, the undersigned, on behalf of the Society, do hereby give notice that a dispute has arisen between the parties hereinbefore referred to, and that the claims of the said society of workers (or of the said members of the said society of workers) with respect to the said dispute are as follow:β[Set out particulars of claim.]
Dated at this day of , 19 .
Names, addresses, and descriptions of signatories :β
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Form No. L. 2.
Section 11. Under the Labour Disputes Investigation Act, 1913.
Notice of a Dispute between Employers and Workers relating to Conditions of Employment.
To the Hon. the Minister of Labour.
In the matter of a dispute relating to conditions of employment between [State parties to dispute].
In pursuance of the provisions of section 11 of the Labour Disputes Investigation Act, 1913, I (or we), the undersigned,
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1914, No 43
NZLII —
NZ Gazette 1914, No 43
β¨ LLM interpretation of page content
π·
Regulations under the Labour Disputes Investigation Act, 1913
(continued from previous page)
π· Labour & Employment27 April 1914
Labour disputes, Regulations, Conciliation, Industrial unions, Ballots, Committees