SOME IMPORTANT AMENDMENTS.

Press, Volume LXIII, Issue 12896, 30 August 1907, Page 8

SOME IMPORTANT AMENDMENTS.

ALL EMPLOYEES TO BE WORKERS.

FINES DEDUCTED FROM WAGES

(SPECIAL TO "THE PRESS.")

WELLINGTON, August 29

The Industrial Conciliation and Arbitration Act Amendment Bill -was circulated today, and proves to be a measure of much interest, including a number of new and drastic provisions. It is provided that the Act shall conio into force at the beginning of next year. INDUSTRIAL COUNCILS. The initiatory clauses of the Bill provide that in future no industrial dispute is to bo referred to the Conciliation Board, but a depute may bo referred |for settlement to an industrial council to be appointed by the Governor, on the recommendations of the union concerned, consisting of three who are, or have been, employers, and three who are, or have been, workers in the industry concerned. The president is to be elected by th« other cix members, and if they fail to do so, tho president will be appointed by the Governor. AWARDS OF COUNCILS. The award of tho Council will havo effect within the industrial district for which it was established, or within such portion of the district as tho Council determines. Tho award of the Council must be mado within ono month after it is established, and immodiately on making its award, an industrial council is, ipso facto, dissolved. Tho feee paid to members of tho Council aro to bo paid out of moneys appropriated by Parliament. Before entering on the exercise pf their offico tho members of a Council must make oath or affirmation before tho clerk that they will faithfully and impartially perform the duties of their offico. A bare majority of tho Council is sufficient to bring about an award, and the president ifl given a casting vote. The parties, to any proceedings before a Council must be industrial unions, industrial associations, or employers. An awaxd of the Council will have the '•■ same effect as an award of the Arbitration Court, and tho Council is put on the same footing as the Court so far as jurisdiction and procedure are concerned. The Council is also given power to state a case for the advice ana opinion of the Court on matters of law. APPEAL TO ARBITRATION COURT. Clauses 18, 19, and 20 deal -with tho question of appeals, and the prooeduro in connection therewith. Within one month after tho making of an award by the Council, any union, industrial association, or employer, bound by the award, may apply to the Council for leave to appeal to the Court, and the Council may grant or refuse- such application as it thinks fit. Tho appeal may be on either law or facts, and if on the facts, the appeal will be by way of re-hearing. On any such appeal the Court nuiy confirm or modify the award, or quash it, and make a new award, and make an order as to coste. The decision of the Council is to be final, but pending an appeal, the award of the Council will operate. Application by a union or association for the establishment of an industrial council or for an at peal from the award of the Court must ue approved by members before being made. INDUSTRIAL AGREEMENTS. * When it is proved to the Arbitration Court that an industrial agreement (whether made before or after the com. ing into operation of the Act), is binding on employers who employ a. majority of the workers in that particular industry in the district, the Court "may" (not "shall"), on the application of any person bound by the award, extend the operation of tho agreement to ell employers who are then, or in future, engaged in the industry in the district. Industrial agreements, past and future, ore made enforceable in the same manner as awards. BREACHES AND FINES. Breaches of awardn are to be dealt with by a Magistrate, who is given power to impose such fine as he thinks just. Ho is also given power to state ■i case for the opinion of the Arbitration Court, and to adjourn the'hearing of the case in the meantime. Hβ can fine an employer up to £100, end a worker up to £10, and he is given discretion as to whether he will make the fine payable to the Crown, or to tho person on whose application the fine was imposed, or anyone else. Power is given to appeal to tho Court, whoso decieion will be final. If the fine impospd on an industrial union or association' is not paid within .one month, all fche members are jointly and severally liable for the amount up to a limit of £10 each. If the employee doos not p3y, hi 3 employer must deduct tho amount from his wages, by instalments equal to 25 per cent, of his wages, until the total is paid, on receipt of a notice requiring him to do 6o l>y the Inspector of Awards. This provision applies to past, ac well as future broaches of award, and also to oases in which people have been fined under tho Act, for taking part in a striko or lock-out. If a man is fined for engaging in <i strike, the- amount will be deducted from his wages by hie employer in instalments. No industrial union or association may make en application for the enforcement of an award or agreemont, unless the proposed application has been approved of by the members. THE NEW WORKER. . The definition of "worker" is greatly widened, and now reide:—"Worker means any person of any age of either sex employed by any employer." MISCELLANEOUS PROVISIONS. Special meetings of a union to oon6icwr a projtxwai to refer a uispute to tUd Council or Court must be advertised, auu the proposal is to bo deemed to t>o carried it, but not unlete, it is passed by a majority of such of the luouibers present at tiie meeting, either in person or by proxy, as are entitled under the rules to vote. When any payment of wages has been made to, and accepted by, a worker at a less rate than that fixed by an award or otherwise by law, the worker cannot bring an action against the employer for the difference after three months from the time the wages became payable. A new provision of a deeid<?dly novel character is that on the application of a union of employers or workers, the Court may order that the secrotary of tiie union may servo on all employers or workers concerned in the industry, and who are not members of the union' a demand that they shall pay to the union the same contributions as ar<» paid by the members of the union. If th« non-unionkt chooses, he may, on receipt of the demand, become a member of the union. Tim payment of union fees by non-unionists will not apply to an overseer or foroman having direction over at least five workers or an indentured apprentice, or a person under the ago of seventeen years. The age of apprentioee is limited to twentyone years. Application, for a permit to work at less than the rates fixed by an award is to be made to an Inspector of Factories.

An industrial union affiliated with any society of which the central management or control takes plaoe outside New Zealand, must retain in New Zealand, and under its ovra control, at

least three-fourths of its assets. In future no trade union can be under the Trade Union Act, 18/8. JNo person ie qualified to be a member or the committee of management of a union or an officer of a union unless he has been, or is actually and , bona nde ♦ ngagod or employed, in the industry in respect of which the union is established. For a breach of this provision a maximum fine of £10 is provided.