18. Section ninety-nine of the principal act, relating to the special meeting to refer a dispute to the board or court, is hereby amended by inserting the words "present at the meeting" next after the words "majority of all the members."

19. Section one hundred of the principal act, preserving the relationship of employer and employed pending the settlement of a dispute, is hereby amended

(1) By inserting at the end of subsection one thereof the words "or anything preliminary to the reference of the dispute, and connected therewith ".

(2) By adding thereto the following subsection

"(3) The dismissal of any worker, or the 'discontinuance of work by any worker, pending the final disposition of an industrial dispute shall be deemed to be a default under this section, unless the party charged with such default satisfies the court that such dismissal or dicontinuance was not on account of the dispute."

20. (1) If an industrial union makes default in forwarding to the registrar the returns required by section seventeen of the principal act, and the registrar has reasonable cause to believe that the union is defunct, he may send by post to the last known officers of the union a letter calling attention to the default, and inquiring whether the union is in existence.

(2) If within two months after sending such letter the registrar does not receive a reply thereto, or receives a reply from any one or more of the officers to the effect that the union has ceased to exist, he may insert in the Gazette, and send to the last known officers of the union, a notice declaring that the registration of the union will, unless cause to the contrary is shown, be cancelled at the expiration of six weeks from the date of such notice.

(3) At the expiration of the time mentioned in the notice the registrar may, unless cause to the contrary is shown, strike the name of the union off the register, and shall publish notice thereof in the Gazette, and thereupon the registration of the union shall be cancelled.

21. Either party to an industrial dispute which has been referred to a board of conciliation may, previous to the hearing of such dispute by the board, file with the clerk an application in writing requiring the dispute to be referred to the court of arbitration, and that court shall have jurisdiction to settle and determine such dispute in the same manner as if such dispute had been referred to the court under the provisions of section fifty-eight of the principal act.

22. The registrar may, in any matter arising in or out of the performance of his duties, state a case for the advice and opinion of the court.

23. The board may, in any matter coming before it, state a case for the advice and opinion of the court.

24. Where workers engaged upon different trades are employed in any one business of any particular employer, the court may make one award applicable to such business, and embrac ing, as the court may think fit, the whole or part of the various branches constituting the business of such employer. Before the court shall exercise such power, notice shall be given to the respective industrial unions of workers engaged in any branch of such business. [Nov. 7, 1901.]

NEW SOUTH WALES.

[1 Edward VII, No. 59, 1901.]

An Act to provide for the registration and incorporation of industrial unions and the making and enforcing of industrial agreements; to constitute a Court of Arbitration for the hearing and determination of industrial disputes, and matters referred to it; to define the jurisdiction, powers, and procedure of such court; to provide for the enforcement of its awards and orders; and for purposes consequent on or incidental to those objects. [Assented to, 10th December, 1901.]

Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY.

1. This act may be cited as the "Industrial-Arbitration Act, 1901."

2. In this act, unless the context otherwise shows

"Branch" means branch of a trade union which is registered or has its principal office outside the state.

"Court" means court of arbitration constituted by this act. "Employer" means person, firm, company, or corporation employing persons working in any industry, and includes the railway commissioners of New South Wales, the Sydney harbor trust commissioners, the metropolitan board of water supply and sewerage, and the Hunter river and district board of water supply and sewerage.

"Employee" means person employed in any industry.

"Industrial dispute" means dispute in relation to industrial matters arising between an employer or industrial union of employers on the one part, and an industrial union of employees or trade union or branch on the other part, and includes any dispute arising out of an industrial agreement.

"Industrial matters" means matters or things affecting or relating to work done or to be done, or the privileges, rights, or duties of employers or employees in any industry, not involving

questions which are or may be the subject of proceedings for an indictable offense; and, without limiting the general nature of the above definition, includes all or any matters relating to(a) the wages, allowances, or remuneration of any persons employed or to be employed in any industry, or the prices paid or to be paid therein in respect of such employment; (b) the hours of employment, sex, age, qualification, or status of employees, and the mode, terms, and conditions of employment;

(c) the employment of children or young persons, or of any person or persons or class of persons in any industry, or the dismissal of or refusal to employ any particular person

or persons or class of persons therein;

(d) any established custom or usage of any industry, either generally or in any particular locality;

(e) the interpretation of an industrial agreement.

66

Industrial union" means industrial union registered and incorporated under this act.

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Industry" means business, trade, manufacture undertaking, calling, or employment in which persons of either sex are employed, for hire or reward, and includes the management and working of the government railways and tramways, the Sydney harbor trust, the metropolitan board of water supply and sewerage, and the Hunter river and district board of water supply and sewerage, but does not include employment in domestic service.

"Lockout" means the closing of a place of employment or the suspension of work by an employer done with a view to compel his employees or to aid another employer in compelling his employees to accept a term or terms of employment.

"Prescribed 99

means prescribed by this act or any rules or regulations made thereunder.

"Registrar" means registrar appointed under this act.

"Strike" shall mean the cessation of work by a body of employees acting in combination done as a means of enforcing compliance with demands made by them or other employees on employers.

"Trade union " means trade union registered under the tradeunion act, 1881.

THE REGISTRAR.

3. The governor shall appoint a registrar who shall have the powers and perform the duties prescribed and may appoint such officers as may be required to administer this act.

INDUSTRIAL UNIONS.

4. Where the registrar, or in case of appeal, the court is satisfied that the provisions of this act have been complied with, the registrar shall, in the prescribed manner and form, register as an industrial union

(a) any person or association of persons or any incorporated company or any association of incorporated companies, or of incorporated companies and persons who or which has in the aggregate throughout the six months next pre ceding the date of the application for registration employed on an average, taken per month, not less than fifty employees;

(b) any trade union or association of trade unions;

(c) any branch;

and shall issue a certificate of incorporation, which shall be conclusive evidence in all courts, until canceled, that the requirements of this act in respect of incorporation have been complied with.

5. An application to register an industrial union shall be made in writing in the prescribed form, and shall—

(a) if made by an incorporated company, be signed by a major

ity of the directors, or, if there are no directors thereof resident in the state, of the managers thereof so resident, and

(b) if made by an association be signed by a majority of the committee of management thereof; and

(c) if made by a trade union or branch, be signed by a majority of the general committee of management thereof;