3. After §16 of the Principal Act the following Section is inserted :— 16a (1) The President may, whenever in his opinion it is desirable for the purpose of preventing or settling an industrial dispute, summon any person to attend, at a time and place specified in the summons, at a conference presided over by himself.

(2) Any person so summoned shall attend the conference and continue his attendance thereat as directed by the President.

Penalty Five hundred pounds.

(3) The conference may be held partly or wholly in public or in private, at the discretion of the President."

4. §19 of the Principal Act is amended by inserting, after the word "cognisance," the words for purposes of prevention and settlement."

5. After §21 of the Principal Act the following Section is inserted :66 21a. A certificate of the Registrar that any specified persons were at any specified time members of any specified organisation shall (subject to review by the President under §17 of this Act) be conclusive evidence that the facts are as stated."

6. $25 of the Principal Act is amended :-

(a) by inserting, after the words "industrial dispute," the words "and in any proceeding under this Act;"

(b) by inserting, after the word "Court," the words "or the President";

(c) by inserting, after the word "its," the words "or his "; and (d) by inserting, after the word "it," the words or he."

7. §27 of the Principal Act is amended

(a) by omitting therefrom the words "or by leave of the President," and by inserting after the words "counsel or solicitor " the words "or paid agent."

8. After §38 of the Principal Act the following Sections are inserted :38a. The Court may, at any time before the determination of an industrial dispute of which it has cognisance, allow the amendment, on such terms as it thinks fit, of the plaint or of any subsequent proceeding.

"38b. In making an award or order, the Court shall not be restricted to the specific relief claimed by the parties to the industrial dispute, but may include in the award or order any matter or thing which the Court. thinks necessary or expedient for the purpose of preventing or settling the dispute."

9. $40 of the Principal Act is repealed, and the following Section substituted in its stead:

"40.—(1.) The Court, by its award, or by order made on the application of any organisation or person bound by the award, may

(a) direct that, as between members of organisations of employers or employees and other persons (not being sons or daughters of employers) offering or desiring service or employment at the same time, preference shall, in such manner as is specified in the award or order, be given to such members, other things being equal; and

(b) prescribe a minimum rate of wages or remuneration (in which case the Court shall, on the application of any party to the industrial dispute, or of any organisation or person bound by the award), make provision for fixing, in such manner and subject to such conditions as are specified in the award or order, a lower rate in the case of employees who are unable to earn the minimum wage so prescribed.

"(2) Whenever, in the opinion of the Court, it is necessary, for the prevention or settlement of the industrial dispute, or for the maintenance of industrial peace, or for the welfare of society, to direct that preference shall be given to members of organisations as in paragraph (a) of Sub-section (1) of this Section provided, the Court shall so direct.'

IO.

"

After §40 of the Principal Act, the following Section is inserted :— "40a. The Court, by its award, or by order made on the application of any organisation or person bound by the award, may

(a) appoint, for the purposes of the award, a Board of Reference. consisting of one or more persons; and

(b) assign to the Board of Reference the function of allowing, approving, fixing, or dealing with, in the manner and subject to the conditions specified in the award or order, any specified matters or things which under the award or order may require from time to time to be allowed, approved, fixed, or dealt with by the Board."

II. $55 of the Principal Act is amended by omitting from Sub-section (1) all words from and including the words "Provided that no such organisation." 12. Schedule B to the Principal Act is repealed and the following Schedule shall be substituted therefor :-

"SCHEDULE B.

Conditions to be complied with by Associations applying for Registration as Organisations. I. The affairs of the association shall be regulated by rules specifying the purposes for which it is formed, and providing for the following matters in relation to the association:

II. to law.

III.

IV.

(a) A committee of management and officers;

(b) The powers and duties of the committee and of officers;

(c) The removal of members of committee and of officers;

(d) The control of the committee by the members, either as a whole, or in district meetings, or by a general governing body, or otherwise;

(e) The mode in which industrial agreements and other documents may be executed by or on behalf of the association;

(f) The power of bringing industrial disputes before the Court;

(g) The times when and terms on which persons shall become or cease to be members;

(h) The mode in which the property is to be controlled and the funds invested; (i) The yearly or other more frequent audit of the accounts;

(1) The conditions under which funds may be disbursed for ordinary and extraordinary purposes;

(k) The keeping of a register of the members;

(1) The registered office; and

(m) The repeal and alteration of, and addition to, the rules.

The rules of an association may also provide for any other matter not contrary

No two associations shall be registered as organisations under the same name. An application, in the prescribed form, for registration of an association as an organisation must be made to the Industrial Registrar, or to the Deputy Industrial Registrar in charge of the Registry in the State where the office of the association is situated, and shall be signed by two or more officers of the association.

V. Every application for registration shall be in duplicate and shall be accompanied by

(a) Two copies of a list of the members and officers of the association, so far as known to those signing the application;

(b) Two copies of the rules of the association; and

(c) Two copies of a resolution passed in accordance with the rules by a majority of the members present at a general meeting of the association in favour of registration of the association as an organisation; or (d) Two copies of a resolution passed by an absolute majority of the committee of management in favour of registration of the association as an organisation."

3. An Act to amend the Commonwealth Conciliation and Arbitration Act, 1904-1910. (No. 6 of 1911.) (Assented to 23rd November, 1911.)

I. (1) This Act may be cited as the Commonwealth Conciliation and Arbitration Act, 1911.

(2) The Commonwealth Conciliation and Arbitration Act, 19041910, is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Commonwealth Conciliation and Arbitration Act, 1904-1911.

2. §4 of the Principal Act is amended by omitting from the definition of "Industrial dispute "the words "arising between an employer or an organisation of employers on the one part and an organisation of employees on the other part."

3. §4 of the Principal Act is amended by omitting therefrom the definition of "Industry," and inserting in its stead the following definition :

66 6

Industry' includes

(a) any business, trade, manufacture, undertaking, or calling of employers, on land or water;

(b) any calling, service, employment, handicraft, or industrial occupation or avocation of employees on land or water; and

(c) a branch of an industry and a group of industries."

4. The registration, as an organisation under the Principal Act, of any association purporting to be registered before the commencement of this Act shall be deemed to be as valid to all intents and purposes, and to have constituted the association an organisation as effectually as if this Act had been in force at the date of the registration.

5. §7 of the Principal Act is amended

(a) by omitting the words "in any industry"; and

(b) by omitting the words "in that industry.

6. 89 of the Principal Act is amended

(a) by inserting, after the words "injure him in his employment," the words "or alter his position to his prejudice ";

(b) by omitting the words "twenty pounds " and inserting in their stead the words "fifty pounds"; and

(c) by inserting, after the words "injured in his employment," wherever they occur, the words "or prejudiced."

7. §10 of the Principal Act is amended by omitting the words "ten pounds" and inserting in their stead the words "twenty-five pounds."

8. §16a of the Principal Act is amended by inserting after Sub-section (1) the following Sub-section :

"(1a) Any person' in the last preceding Sub-section includes not only persons engaged in or connected with an industrial dispute, but also any person engaged in or connected with any dispute relating to industrial matters (whether extending beyond the limits of a State or not), and related in any way to an industrial dispute; and also includes any person, whether connected with an industrial dispute or not, whose presence at the conference the President thinks is likely to conduce to the prevention or settlement of an industrial dispute."

66

After §17 of the Principal Act the following Section is inserted :17a. The Court or President may order any party to any application to pay to any other party such costs and expenses, including expenses. of witresses, as it or he thinks fit, but so that no costs shall be allowed for the services of any counsel, solicitor, or agent."

10. 19 of the Principal Act is amended

and

(a) by omitting the words "in the prescribed manner; and ";

(b) by adding at the end thereof the words " and

(d) All industrial disputes as to which the President has held a conference under §16a of this Act, and as to which no agreement has been reached, and which the President has thereupon referred to the Court."

II. §21 of the Principal Act is amended by omitting the words "that any dispute relating to industrial matters is " and inserting in their stead the words "that a specified industrial dispute exists and is."

12. §24 of the Principal Act is amended

66

(a) by inserting in Sub-section (1), after the words agreement between the parties," the words as to the whole or any part of the dispute," and

(b) by omitting the whole of Sub-section (2), and inserting in its stead the following Sub-section :

(2) If no agreement between the parties as to the whole of the dispute is arrived at, the Court shall, by an award, determine the dispute, or (if an agreement has been arrived at as to a part of the dispute) so much of the dispute as is not settled by the agreement.” 13. $25 of the Principal Act is amended by omitting the words "in any proceeding under this Act" and inserting in their stead the words "in exercising any duties or powers under or by virtue of this Act."

14. $31 of the Principal Act is amended

and

(a) by inserting, after the word "award," the words or order ",

(b) by inserting, after the words "called in question," the words or be subject to prohibition or mandamus.”

15. Paragraph (h) of $38 of the Principal Act is amended

66

(a) by inserting, after the word "matter," the words or part of a matter";

(b) by inserting, after the words "determining the dispute," the words " or part of the dispute ";

(c) by inserting, after the words "appears that the dispute,” the words "or part"; and

(d) by omitting, after the words "trivial, or," the words "that the dispute."

16. §386 of the Principal Act is amended—

(a) by inserting, after the words "industrial dispute," the words "or to the demands made by the parties in the course of the dispute "; and

(b) by adding at the end of the Section the words "or of preventing further industrial disputes."

17. $40a of the Principal Act is amended—

(a) by inserting, after the word "appoint," the words "or give power to appoint ";

(b) by inserting, after the word "fixing," the word "determining"; and

(c) by inserting, after the word "fixed," the word "determined." 18. $55 of the Principal Act is amended

(a) by inserting in Sub-section (1) after the words "following associations" the words or persons";

(b) by inserting in paragraph (a) of Sub-section (1) after the word aggregate" the words "or any employer who has.'

19. The Principal Act is amended by inserting, after §58, the following Section :

66

'58a. An organisation may, in the prescribed manner, and on compliance with the prescribed conditions, change its name, and the Registrar shall thereupon record the change of name in the register and upon the certificate of registration."

20. $60 of the Principal Act is amended—

(a) by omitting the words " appears to the Registrar," and inserting in their stead the words "appears to the Court, on the application. of any organisation or person interested or of the Registrar ";

(b) by omitting all words, from and including the words "he shall make application," to the end of Sub-section (1), and inserting in their stead the words "the Court shall order the registration of the organisation to be cancelled, and thereupon it shall be cancelled accordingly"; and

(c) by omitting the whole of Sub-sections (2) and (3).

21. §62 of the Principal Act is amended by inserting, after the word 'association," where it first occurs, the words whether registrable under this Act or not."

22. 873 of the Principal Act is amended by inserting, after the words "industrial disputes," the words "existing or future."

23. $75 of the Principal Act is amended by omitting the words three years" and inserting in their stead the words "five years."

(B) STATES.

I. QUEENSLAND.

An Act to amend the Wages Boards Act of 1908. (No. 30.) (Assented to 9th January, 1912.)

1. This Act shall be read as one with The Wages Boards Act of 1908," herein referred to as the Principal Act, and may be cited together with that Act as "The Wages Boards Acts, 1908-12," or separately as "The Wages Boards Act Amendment Act of 1912."

2. The following amendments are made in §2 of the Principal Act :The following words are added to the definition of "Apprentice,' namely: "for the purpose of being instructed in the knowledge and practice of any process, trade, business, or industry for a period of not less than three years."

The following words are added to the definition of " Clothing or wearing apparel," namely: "also umbrellas, hats, shirts, and other underclothing, and gloves."

The definitions of "Furniture" and "Improver" are repealed, and the following definitions are inserted in lieu thereof :

"Employer" means any person who employs any other person at or in or in connection with any process, trade, business, or industry : for the purposes of this Act, the term includes the managing director or the manager of any company, firm or association, corporate or unincorporate, and every manager for any employer: the term does not include any foreman ;