JULY 23. THE NEW ZEALAND GAZETTE. 1391

REGULATIONS.

1. (a) These regulations may be cited as the Industrial Conciliation and Arbitration Amendment Regulations, 1936.
   (b) The regulations made under the Industrial Conciliation and Arbitration Act, 1925, on the 10th day of January, 1927, and published in the Gazette on the 13th day of the same month, at page 9, may be cited as the Industrial Conciliation and Arbitration Regulations, 1927, and as heretofore amended are hereinafter referred to as “ the principal regulations.”
   (c) The principal regulations, as amended by these regulations, may be cited as the Industrial Conciliation and Arbitration Regulations, 1927-36.
   (d) These regulations shall be read together with and be deemed to form part of the principal regulations.
   (e) In these regulations “ the said Act ” means the Industrial Conciliation and Arbitration Act, 1925, and includes the amendments thereof.

2. Regulation 4 of the principal regulations is revoked.

3. Regulation 28 of the principal regulations, as enacted by Order in Council of the 11th day of May, 1932, is revoked, and the following regulation substituted:—
   “ 28. The notification by the Commissioner to the Clerk of the opinion of a Council that a settlement of a dispute will not be arrived at shall be in the form No. 9A (section 53).”

4. Regulation No. 30A of the principal regulations, as enacted by Order in Council of the 7th day of September, 1932, is amended by revoking the words “ and in particular after such proceedings have been adjourned pursuant to subsection (2) of section 7 of the Industrial Conciliation and Arbitration Amendment Act, 1932.”

5. The principal regulations are amended by inserting next after regulation 30D thereof the following additional regulations:—
   “ 30E. The notice of the filing of a recommendation shall be in the form No. 9C (1936 amendment, section 16).

6. (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 being filed within the prescribed time shall be in the form No. 9D (1936 amendment, section 16).
   (2) The endorsement upon a recommendation which has been rendered operative and enforceable as an industrial agreement shall be in the following form—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 15 of the Industrial Conciliation and Arbitration Amendment Act, 1936, has been rendered operative and enforceable as an industrial agreement as from seven days after the date of such notification.’ ”

7. Regulation 35 of the principal regulations, as enacted by Order in Council of the 11th day of May, 1932, is revoked, and the following regulation substituted:—
   “ 35. Where notification has been delivered to the Clerk that the Council to which an industrial dispute has been referred is satisfied that a settlement will not thereby be arrived at, 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 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 in the form No. 12n (1936 amendment, sections 15 and 16).”

8. The principal regulations are amended by inserting next after Regulation 35 thereof the following additional regulation:—
   “ 36. The Clerk shall give at least three clear days’ notice to the parties concerned 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.”

9. Regulation 55A of the principal regulations is amended by deleting the words “ Section 5 of the Industrial Conciliation and Arbitration Amendment Act, 1932,” and substituting therefor the words “ Section 15 of the Industrial Conciliation and Arbitration Amendment Act, 1936.”

10. Regulation 67 of the principal regulations is amended by revoking clause (2) thereof.

11. The principal regulations are amended by inserting next after regulation 55A thereof the following additional regulations:—
    “ 55B. Application to the Court to amend an award or industrial agreement by fixing at not more than forty the maximum number of hours (exclusive of overtime) to be worked in any week by any worker bound by the award or agreement shall be in the form No. 18c, and shall be filed with the Clerk together with twenty copies thereof and as many additional copies as there are other parties to the award or agreement (1936 amendment, section 21).

55C. (1) Application to the Court for a general order extending an award to join and bind as parties thereto unspecified trade-unions, industrial unions, industrial associations, or employers shall be in the form No. 18H, and shall be filed with the Clerk together with six copies thereof (section 92).
(2) Application to the Court for total or partial exemption from a general order extending an award to unspecified trade-unions, industrial unions, industrial associations, or employers shall be in the form No. 18J, and shall be filed with the Clerk together with six copies thereof and as many additional copies as the Clerk may require. The Clerk shall send to each party concerned a copy of the application together with a notification in the form No. 18J.”

11. Regulation 73 of the principal regulations is amended by inserting after the word “ applicant ” the words “ on foolscap-size paper.”

12. The principal regulations are amended by inserting next after Regulation 73 thereof the following additional regulation:—
    “ 73A. (1) Every application filed with the Clerk of Awards shall contain at the foot thereof a memorandum stating by whom such application has been filed, and if filed on behalf of any person other than the person filing it or on behalf of any industrial union or other organization the name of such person or organization.
    (2) Such memorandum shall also state a place, to be called the address for service, where notices in respect of such application may be served on the applicant.
    (3) The applicant may at any time file with the Clerk of Awards a memorandum stating a substituted address for service, and such substituted address shall after the expiration of three days from the filing of the memorandum be the address for service of the applicant.
    (4) Every memorandum giving an address for service shall set out the full postal address of the place therein stated, provided that a post-office box shall not be a sufficient address for service.”

13. Form No. 1A in the Schedule to the principal regulations is amended by deleting from paragraph (a) all words after the word “ calling.”

14. Form No. 1b in the Schedule to the principal regulations is revoked.

15. Form No. 5A in the Schedule to the principal regulations is amended by inserting after the words “ In the matter of the Industrial Conciliation and Arbitration Act, 1925,” the following words “ In the matter of the [Insert short descriptive title] Dispute.
    (‘Employers’ (or Employees’) Application).”

16. Form No. 5B in the Schedule to the principal regulations is amended—
    (a) By inserting after the words “ In the matter of the Industrial Conciliation and Arbitration Act, 1925,” the following words “ In the matter of the [Insert short descriptive title] Dispute.
    (‘Employers’ (or Employees’) Application.”
    (b) By adding to paragraph (5) the following “ (or, where application is made by a union covering two or more industrial districts). This application has been approved by the members of the union by a resolution passed by secret ballot at a special meeting of the union, a majority of the members present at the said meeting voting in favour thereof. A certificate under the hand of the chairman of the said meeting that the said meeting was properly constituted and held, and setting forth the nature of the proposal submitted at that meeting and the result of the voting thereon, is hereto attached.”

17. Each of the forms No. 5D and No. 5DD in the Schedule to the principal regulations is amended (1) by deleting the words “ Section 42,” and substituting therefor the words “ Sections 42 and 58 ”; and (2) by inserting after the words “ not later than three ” and before the words “ clear days ” the word “ (ten).”

18. The Schedule to the principal regulations is amended by revoking forms No. 9A, No. 12A, and No. 12B thereof (as inserted by Order in Council of the 11th day of May, 1932), and substituting respectively forms No. 9A, No. 12A, and No. 12B in the Schedule hereto.

19. The Schedule to the principal regulations is further amended by inserting therein next after form No. 9E thereof forms No. 9C and No. 9D in the Schedule hereto.

20. The Schedule to the principal regulations is further amended by deleting in forms No. 18c and No. 18J thereof the words “ Section 5 of the Industrial Conciliation and Arbitration Amendment Act, 1932,” and substituting therefor the words “ Section 12 of the Industrial Conciliation and Arbitration Amendment Act, 1936.”