SAFEGUARDS AND PENALTIES

Evening Post, Volume LXXXV, Issue 31, 6 February 1913, Page 3

SAFEGUARDS AND PENALTIES

LOCK.-OUT AND STRIKE.' A person who disobeys an order of i the CJourt in relation to a breach or non-observanc9 of an award is liable to three months' imprisonment. in the case of a comisny or an industrial association the penalty is a fine not exceeding _ £SOO. Discrimination is forbidden against an employer or employee on account of membership of an industrial association. It is unlawful to do any act or thing in thu nature of a lock-out or strike, or to take part in a lock-out or stsike, or to incite to or aid in any lock-out or strike in any of the undermentioned cases : — (1) In or in connection with anything which is a public utility unless or until a compulsory conference called by the Judge has pioved abortive, and thereafter unless and until after fourteen days' notice in writing of the intension to lock-out or strike has been given to the registrar, and after tho registrar !m taken a secret ballot amongst the employers or ' employees, as the cave requires in the calling concerned, and such ballot has resulted in favour of the lock-out or strike. (2) In other ctu.t'B a conference is not compulsory, but there is similar provision for the fourteen days' notice and the secret ballot. Tho term "public utility" applies to the supjly of coal gas for "any purpose, electricity for light or power, water for domestic purposes, milk, flour, bread, and ruaat, ccnl or other fuel for any purpose, protection of property from fire. The penalty for a breach of this section may go up^ to £1000 against "any person or association of employei'3" in the case of a lock-out, and up to £50 in the event of a strike. The Court lias power to order the amount of the penalty to be a charge on any moneys clue to the person or persons concerned, find Uu's lieu is to take precedence of other liens. DipobecKencc of an order of the Court i:i tho nature of an injunction io restrain n-ny association of employees or urnpioyei'3 or any person frum committing

offeuce3 of a strike or lock-out character may be fraught with imprisonment, with or without hard labour, for a term not j exceeding six months for an individual ! or a fine not exceeding £1000 for a company or industrial association. Any attempt to commit an offence I against the Act is punishable as if an offence had been committed. GENERAL. j Proceedings in respect of offences are by complaint, hoard and determined in a summary manner by a police magistrate. Appeals Ho to the Industrial Court and not to the Supreme Court. No misnomer or inaccurate description or omission' in or from any Order in Council nwde under the Act prevents or abridges the operation of the Act with respect to the subject matter, provided this is designated intelligibly. An award prevails over any contract of service or apj renticeship in force when the award comes into operation, provided that no such contiact will be \ deemed < to be inconsistent with the I award if the contract provides for more I favourable conditions of employment j than thode given in the award.