✨ Industrial Conciliation and Arbitration Regulations
Jan. 13.] THE NEW ZEALAND GAZETTE 9
Regulations under the Industrial Conciliation and Arbitration Act, 1925.
———
CHARLES FERGUSSON, Governor-General.
ORDER IN COUNCIL.
At the Government House at Wellington, this 10th day of January, 1927.
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL.
IN pursuance and exercise of the powers in this behalf conferred upon him by the Industrial Conciliation and Arbitration Act, 1925 (hereinafter called “the said Act”), His Excellency the Governor-General of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby revoke all regulations made under the Industrial Conciliation and Arbitration Act, 1908, also all amendments of those regulations, and in lieu thereof doth hereby, for the purposes of the said Act, make the following regulations; and doth declare that the said regulations shall come into force on the date of the publication thereof in the New Zealand Gazette.
———
REGULATIONS.
- THE forms referred to in these regulations are the forms set forth in the Schedule hereto.
REGISTRATION AND RETURNS OF INDUSTRIAL UNIONS AND ASSOCIATIONS.
-
Application to the Registrar of Industrial Unions (hereinafter referred to as “the Registrar”) for registration as an industrial union or association shall be in the form No. 1A or 1B, as the case may require. (Secs. 5 and 26.)
-
The certificate of registration of an industrial union or association shall be in the form No. 1C. (Secs. 6 and 26.)
-
An appeal to the Court of Arbitration (hereinafter referred to as “the Court”) against the refusal of the Registrar to register an industrial union or association shall be brought by a notice in the form No. 1D, which shall be filed, together with six copies thereof, with the Clerk of Awards (hereinafter referred to as “the Clerk”) of the industrial district from which the application for registration was made. The Clerk shall forward one copy of the notice to the Registrar, who shall transmit to the Clerk all papers in reference thereto, and thereupon the appeal shall be deemed to be before the Court. (Secs. 11 and 26.)
-
The annual return of officers, trustees, auditors, and members of an industrial union or association shall be in the form No. 2A or 2B, as the case may be. (Secs. 17 and 26.)
-
The application to the Registrar for cancellation of the registration of an industrial union or association shall be in the form No. 3A. (Secs. 22 and 26.)
INDUSTRIAL AGREEMENTS.
-
In addition to the duplicate original required to be filed by section 28 of the said Act, a copy of every industrial agreement shall be filed with the Clerk of the industrial district in which the agreement is made. (Sec. 28.)
-
The Clerk shall number consecutively every such duplicate original and copy in the order in which they are filed, and shall keep in his office a register of all industrial agreements, which shall set forth the date of agreement, the date of filing, and such other particulars as are from time to time required by the Registrar. (Sec. 28.)
-
Every industrial agreement, and every duplicate original and copy thereof filed with the Clerk, shall be signed or initialled at the foot of each page by at least one representative on behalf of the employers and one representative on behalf of the industrial union or industrial association of workers party to the agreement. (Sec. 28.)
-
A notice of concurrence with an industrial agreement shall be in the form No. 4A, and a copy of every such notice shall be filed with the agreement to which it relates. Such notice of concurrence shall, in the case of an industrial union or association, be signed by two officers thereof, and in the case of an employer shall be signed by him or by his duly authorized agent, and shall specify his address and occupation. (Sec. 29.)
B
COUNCILS OF CONCILIATION.
-
Application for the reference to a Council of Conciliation of an industrial dispute relating to one industrial district (hereinafter called “an application”) shall be in the form No. 5A, and twenty copies thereof shall be forwarded to the Clerk for the industrial district, together with as many additional copies as there are other parties to the dispute: Provided that where the number of respondents is large the Clerk may, on the application of the applicants, authorize the omission of the names of the respondents from the above-mentioned additional copies. (Secs. 41 and 108.)
-
Application pursuant to section 58 of the said Act for the reference to a Council of an industrial dispute affecting two or more industrial districts shall be in the form No. 5B, and twenty copies thereof shall be filed with the Clerk for the combined district, together with as many additional copies as there are other parties to the dispute: Provided that where the number of respondents is large the Clerk may, on the application of the applicants, authorize the omission of the names of the respondents from the above-mentioned additional copies. (Sec. 58.)
-
The Clerk shall endorse the date of filing on the original of each reference or application to the Court or to a Council of Conciliation. Each such reference or application shall be numbered consecutively in the order in which it is filed, and all documents subsequently filed or issued shall bear the same number as the reference or application to which they respectively relate. (Sec. 38.)
-
(a.) Every application made by an industrial union or association under Regulation 11 or 12 shall be accompanied by a copy of the rules of the industrial union or association and (in the case of an industrial association) by a copy of the rules of each affiliated industrial union affected by the dispute.
(b.) In the case of every application under Regulations 11 or 12 the list of respondents shall be set out in alphabetical order. (Sec. 160.)
-
The chairman’s certificate required as evidence of compliance with section 108 of the said Act shall be in the form No. 5C, and shall accompany the application. (Sec. 108.)
-
The citation of the respondents to attend at the hearing of a dispute before a Council, and in the meantime to recommend qualified persons for appointment as assessors, shall be in the form No. 5D, or the form No. 5DD, as the case may be. (Sec. 42.)
-
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. Every such admission or counter-proposal, together with as many copies as there are applicant parties and twenty additional copies, shall be filed with the Clerk. (Sec. 42.)
-
The recommendation of assessors by the respondent shall be in the form No. 5E. (Secs. 42 and 43.)
-
The appointment of assessors by the Commissioner shall be in the form No. 5F. (Secs. 41 and 43.)
-
An employer, being party to a dispute, who desires to appear before the Council by an agent shall file with the Clerk a warrant in the form No. 6A. (Sec. 47.)
-
An industrial union or industrial association, being party to a dispute, that 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. (Sec. 47.)
-
The summons to a witness to give evidence before a Council of Conciliation shall be in duplicate in the form No. 7A. (Sec. 46.)
-
The Clerk shall sign both summonses, retaining one, and issuing the other for service by the applicant for the summons. Service shall be affected by delivering a copy to the witness, and at the same time producing the original for his inspection, if so desired. (Sec. 46.)
-
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. 46.)
-
Application to join or strike out parties to a dispute before a Council shall be in the form No. 8A. (Sec. 49.)
-
The applicant shall, with his application, file as many copies thereof as there are parties to be joined or struck out, and twenty additional copies. In the case of an application to join parties, the list of persons to be joined shall be set out in alphabetical order, and the Clerk shall forthwith, after the application has been filed, serve on each party concerned a copy of the application, together with a notification, in the form No. 8B, that the application has been filed, and stating where and when the application will be heard. If the Commissioner joins or strikes out any party or parties the Clerk shall forthwith, in the form No. 8C, notify such fact to the parties so joined or struck out, and also to such other persons or parties as he thinks necessary. (Sec. 49.)
Next Page →
PDF embedding disabled (Crown copyright)
View this page online at:
VUW Te Waharoa —
NZ Gazette 1927, No 1
NZLII —
NZ Gazette 1927, No 1
✨ LLM interpretation of page content
👷 Regulations under the Industrial Conciliation and Arbitration Act, 1925
👷 Labour & Employment10 January 1927
Industrial Conciliation, Arbitration Act, Regulations, Industrial Unions, Associations
- Charles Fergusson, Governor-General