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Industrial Conciliation and Arbitration.

Provision where dispute relates to employment or wages.

94. WHERE an industrial dispute relates to employment or wages, the jurisdiction of the Board or Court to deal therewith shall not be voided or affected by the fact that the relationship of employer and employed has ceased to exist, unless it so ceased at least six weeks before the industrial dispute was first referred under this Act, whether such reference was to the Board or to the Court.

Ibid., s. 5.

The Commissioner of

and the Railway Servants' Associations to Court.

Association or society may be registered under this Act.

95. THE management of Government Railways shall be Railways may refer deemed to be an industry within the meaning of this Act. The disputes between him Commissioner of Railways may make an industrial agreement with

any association or society of Railway servants to be registered under this Act, and either the said Commissioner or the association or society may refer any industrial dispute between them to the Court established under this Act; and the Commissioner may give effect to any terms of an award made by such Court.

Any association or society of Railway Servants may be registered as an industrial union under this Act; and the Commissioner shall be deemed to be an employer within the meaning and for the purposes of this Act.

The foregoing provisions shall apply to any reconstruction of such association or society in case of its dissolution, and shall extend to any similar association or society taking the place of such firstmentioned association or society, and registered under this Act.

96. IN case the Commissioner shall neglect or refuse to agree with the said association or society to refer any industrial dispute to

the Court, the association or society may, by petition lodged with petition Court. the clerk, refer such dispute to the Court to hear and determine the

same; and the Court upon such petition, and if it shall consider the compel a reference

. dispute sufficiently grave to require it, may require the Commissioner

to appear before the Court, and to submit the matters in dispute to its decision, and for that purpose the Court shall have all such jurisdiction and authority, and may do all such acts and things as may be necessary for such purpose, in accordance with the preceding provisions of this Act.

97. IN any proceedings before the Court, the Commissioner of Commissioner of Railways may be

Railways may be represented by any officer of the department represented by officer whom he appoints on his behalf.

ALL expenses incurred and moneys payable by the ComExpenses.

missioner of Railways in any proceedings under this Act shall be payable out of moneys to be appropriated by Parliament for the purpose.

If Commissioner refuse to agree to reference, association or society may

of Court to

of his Department.


Board not to have any jurisdiction in such cases.

99. NOTWITHSTANDING anything in this Act contained, no Board constituted under this Act shall have any jurisdiction in

any Industrial Conciliation and Arbitration.

any matter of dispute between the Commissioner and the said association or society.

PART IV.-MISCELLANEOUS. 100. ANY notification made or purporting to be made in the Government Gazette by or under the authority of this Act may be Sotifications in given in evidence in all Courts of Justice, in all legal proceedings, to be evidence. and for any of the purposes of this Act, by the production of a copy N.Z. Industrial, etc., of the Government Gazette, printed by the Government Printer for Act, 1894., s. 85. the time being

101. EVERY instrument, or document, copy or extract of an instrument or document, bearing the seal of the Court, shall be Documents under

seal of Court, or received in evidence without further proof, and the signature of the signed by president president of the Court, or the chairman of any Board, or of the or chairman, to be

judicially noticed, registrar, or of the clerk of awards, shall be judicially noticed in or etc. before any Court or person or officer acting judicially or under any Ibid., s. 86. power or authority contained in this Act: Provided such signature be attached to some award, order, certificate, or other official document made or purporting to be made under this Act.

No proof shall be required of the handwriting or official position of any person acting in pursuance of this section.

Power to Governor

Ibid., 8. 87.

102. THE Governor from time to time may make, alter, or revoke such regulations not inconsistent with this Act as may be to make regulations necessary or desirable to carry out all or any of the following for purposes of Act. purposes :(1.) Prescribing the forms of certificates or other instruments

to be issued by the registrar, and of any certificate or

other proceeding of any Board, or any officer thereof;
(2.) Prescribing the duties of clerks of awards and of all

other officers and persons acting in the execution of this


(3.) Providing for anything necessary to carry out the first or

any subsequent election of members of Boards, or on any
vacancy therein, or in the office of Chairman of

Board, including the forms of any notice, proceeding, or
instrument of any kind to be used in or in respect of any

such election ;
(4.) Providing for the mode in which recommendations of

members of the Court shall be made and authenticated;
(5.) Prescribing any act or thing necessary to supplement or

render more effectual the provisions of this Act as to the
conduct of proceedings before a Board or the Court, of


Industrial Conciliation and Arbitration.

the transfer of such proceedings from one of such bodies

to the other ; (6.) Providing generally for any other matter or thing

necessary to give effect to this Act, or to meet any

particular case; (7.) Prescribing what fees shall be paid in respect of any

proceedings before a Board, or in the Court, and the party by whom such fees shall be paid ; and what fees shall be paid to the chairman and members of a Board and to the members of the Court, other than the

President ; (8.) For any other purpose for which it is by this Act

provided regulations may be prescribed.

Nothing in any such regulations shall supersede any fees for Saring of fees payo the time being in force in the Supreme Court, or any other Court, in

relation to any proceedings therein, otherwise than is herein expressly provided.

103. ALL charges and expenses connected with the administraExpenses of Act (ex: tion of this Act, exclusive of expenses incurred by industrial unions, cept in certain cases) to be paid ont of or associations, under Parts I. or II. of this Act, or of the parties and moneys appropriated witnesses concerned in any industrial dispute referred to a Board or by Parliament.

the Court, shall be defrayed out of such annual appropriations as shall from time to time be made for that purpose by Parliament.

able Supreme Court.

Ibid., 8. 88.

104. NO stamp duty shall be payable upon or in respect of any Stamın dutxanot pay registration, certificate, agreement, award, or instrument effected,

issued, or made under this Act. But nothing herein shall apply to the fees of any Court payable by means of stamps.

able in certain cases. Ibid., s. 89.

Crown or Govern.

105. SAVE as aforesaid, nothing in this Act shall apply to Act not to apply to

Her Majesty the Queen or any department of Her Government in ment departments ex: Western Australia. cept as expressly provided. Ibid., s. 90.

In the name and on behalf of the Queen I hereby assent
to this Act.
ALEX. C. ONSLOW, Administrator.


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Legisiative Assemoly or vi estern Australia, in this presen farlaneau
assembled, and by the authority of the same, as follows:

1. THIS Act may be cited as the Public Service Act, 1900.

Short title.

2. THIS Act shall commence on a day to be fixed by proclamation, except as to the powers of making regulations, which shall commence immediately this Act is assented to.

Commencement of

3. THIS Act shall be divided into six parts, namely—

Parts of Aot.



Public Service.

4. IN this Act, except where some other meaning is clearly


“ Public Service" means the Public Service of Western

Australia as defined by section seven:
“ Minister” means the Minister of the Crown controlling the

“ Head of Department” means the public servant under the

Minister in chief control of the Department:
* Department” means a department of the Public Service

constituted pursuant to this Act:
“ Division ” means a division of the Public Service similarly

“ Gazetted” means published in the Government Gazette :
· Regulations” means Public Service regulations:
“ Prescribed ” means prescribed by this Act or regulations.

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NOTHING in this Act shall apply to-
(a.) The Governor:
(6.) Ministers of the Crown:
(c.) Judges of the Supreme Court:
(d.) The Agent General:
(e.) The Auditor General :
(f.) The Chief Clerk of the Legislative Council and of the

Legislative Assembly respectively:
(9.) Honorary Officers:
(h.) Members of the Naval and Military Forces other than the

Permanent Staff:
(i.) Government School Teachers :
(3.) Railway Servants whose appointment is in the power of

the Commissioner of Railways under authority delegated

to him by the Governor:
(k.) Members of the Police Force, except the Commissioner

and Inspectors of Police:
(1.) Any other class of officers excepted by the Governor.

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NOTHING in this Act shall operate as an appropriation of revenue.

Not to operate as appropriation of



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