(2.) The Governor may, on the recommendation of the Apprenticeship Board, by regulations prescribe the wages to be paid by employers to apprentices employed in the building trade, when such wages are not fixed by an industrial agreement or award, and by such regulations may impose a penalty not exceeding twenty pounds for any breach thereof. Provided that this section shall not operate in limitation. of the powers of the Court in respect to industrial matters. Gazette of awards, 58. Section one hundred and sixteen of the principal Act Publication in is repealed, and a section is inserted in place thereof, as etc. follows:-- 116. (1.) It shall be the duty of the Clerk of the Court to publish in the Gazette all industrial agreements and awards filed in his office, and all orders of the Court whereby industrial agreements and awards are amended, interpreted, or affected. (2.) The production of the Gazette in which is published any industrial agreement or award, or any order of the Court as aforesaid, or any notification made under the authority of this Act, shall, before all Courts and persons acting judicially, be prima facie evidence of such agreement, award, order, or notification, and of any matters therein stated. Sec. 120. 59. (1.) Subsections (5) and (6) of section one hundred Amendment of and twenty of the principal Act are repealed, and subsections are inserted in place thereof, as follows: (5.) Whenever a conference has been held under this section, and an agreement has been reached as to the whole or some portion of the matters in dispute, the President shall sign and cause to be filed with the Clerk of the Court a memorandum of the matters upon which an agreement has been reached, and the terms and conditions agreed upon; and unless otherwise ordered, and subject to any direction by the President, such memorandum shall thereupon have the force and effect of an award of the Court, and shall be enforceable accordingly: Provided that before any such memorandum is signed all industrial unions and employers that in the opinion of the President may be affected thereby shall be notified, and shall be afforded the opportunity of being heard. Compulsory con- (6.) Whenever a conference has been held under this section, and an agreement has been reached as to some of the matters in dispute, but not as to the whole of the matters in dispute, the President may refer to the Court the matters in dispute as to which no agreement has been reached, and the Court shall have jurisdiction to hear and determine such matters so referred to it, and may incorporate in its award all matters as to which an agreement was reached at the conference. (7.) Whenever a conference has been held under this section and no agreement has been reached, the President may refer to the Court all or any of the matters in dispute, and the Court shall have jurisdiction to hear and determine the same. 60. Sections one hundred and twenty (a) and one hundred and twenty (b) of the principal Act are repealed, and a section is inserted in lieu thereof, as follows:— 120a. (1.) In this section the term "industrial dispute" includes any threatened or impending or probable industrial dispute. (2.) The Minister may appoint Commissioners for the purpose of preventing or settling any industrial dispute, and notwithstanding that any lock-out or strike may exist. (3.) Such Commissioners may summon any person to attend, at a time and place specified in the summons, at a conference. The words "any person" in this section include not only persons engaged in or connected with an industrial dispute, but also any person, whether connected with an industrial dispute or not, whose presence at the conference the Commissioners think is likely to conduce to the prevention or settlement of the industrial dispute. (4.) Any person so summoned shall attend the conference and continue his attendance as directed by the Commissioners. (5.) The conference may be held partly or wholly in public or private, at the discretion of the Commissioners. (6.) In furtherance of such conference the Commissioners shall have and may exercise any of the powers of the Court, and the provisions of section seventy re lating to evidence shall apply, as if the Commissioners were the Court acting in exercise of its jurisdiction when an industrial dispute is referred to it. (6a) The Commissioners may make such order as to costs, and for the payment to be made to persons summoned for their attendance, as may be made by the President at a compulsory conference convened under section one hundred and twenty. (7.) The Commissioners may take evidence on oath or affirmation, and for that purpose any Commissioner may alminister an oath or affirmation. (8.) Any person summoned to attend before the Commissioners who fails to attend and to continue his attendance, shall be liable to a penalty not exceeding five hundred pounds. (9.) Where a conference has been held under this section, and an agreement as to the whole or part of an industrial dispute is reached, the Commissioners shail sign and cause to be filed with the Clerk of the Court & nemorandum of the matters on which an agreement has been reached and of the terms and conditions agreed upon, and such memorandum shall thereupon have the force and effect of an award of the Court for a period therein specified, and shall be enforceable accordingly, and the provisions of this Act relating to awards shall apply: Provided that before any such memorandum is signed, all industrial unions that in the opinion of the Commissioners may be affected thereby shall be notified, and shall be afforded an opportunity of being heard. (10.) Where a conference has been held under this section, but agreement has not been reached as to the whole of the industrial dispute, the Commissioners shall furnish a report in writing to the Court of their proceedings on the matter in dispute as to which agreement has not been reached, and the Court shall have jurisdiction to hear and determine any matter so referred to it as an industrial dispute under this Act. (11.) The Minister may, for the purposes of this section, appoint one Commissioner instead of several Commissioners, and in such case the Commissioner so appointed shall have and may exercise the powers of Commissioners appointed under this section. See W.A. 1902, No. 28, s. 3; 1914, No. 6, s. 2. After conference missioners may, by Amendment of Amendment of Principal Act to be reprinted as amended. 61. A section is inserted in the principal Act, as follows: 120b. Where a conference has been held under section 120 or 120a of this Act, and an agreement as to the whole or part of the matters in dispute is not reached, but all parties to the dispute consent in writing to the dispute or the matters in difference being heard and determined by the President or the Commissioners, as the case may be, the President or the Commissioners shall have all the jurisdiction and powers of the Court to hear and determine the dispute, and the award of the President or the Commissioners shall have the effect of an award of the Court. 62. Paragraphs are inserted in subsection two of section one hundred and twenty-five of the principal Act, as follows: : (vi.) Regulating the practice and procedure before an industrial magistrate for and incidental to the enforcement of industrial agreements and awards, and prescribing the costs to be allowed in such proceedings, and the fees to be paid, and the allowances to witnesses. (vii.) Providing for the registration of junior workers under a prescribed age employed in any industry. 63. Subsection (2) of section one hundred and twenty-six of the principal Act is amended by substituting for the words "three months" the words "twelve months." 64. All copies of the principal Act to be hereafter printed by the Government Printer shall be printed as amended by this Act and the Industrial Arbitration Act Amendment Act, 1920, under the superintendence of the Clerk of Parliaments, and references to the amending Acts shall be made in the margin. In such reprint of the principal Act the sections may be renumbered in arithmetical order, and cross references adjusted, and the short title shall be the Industrial Arbitration Act, 1912-1925. MAIN ROADS. 16° GEO. V., No. LI. No. 51 of 1925. AN ACT to make provision for the construction, maintenance, and supervision of Main and Developmental Roads; and for other relative purposes. BE [Assented to 31st December, 1925.] E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. mencement, and 1. (1.) This Act may be cited as the Main Roads Act, short title, com 1925, and shall come into operation on a day to be fixed by extent of operaproclamation. (2.) This Act shall apply to such portions only of the State as shall from time to time be defined by proclamation. 2. From and after the commencement of this Act section one hundred and eighty-three of the Road Districts Act, 1919, shall not apply to any road that is within any portion of the State to which this Act applies. 3. In this Act, subject to the context,- "District" means a municipal or road district; "Inspector" means an inspector appointed under and "Local authority" means a municipal council or a road tion. sec. 188 of Road Districts Act not to apply within proclaimed area. Interpretation. |