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INDUSTRIAL COURTS ACT 1919

INDUSTRIAL COURTS ACT 1919 - LONG TITLE

An Act to provide for the establishment of an Industrial Court and
Courts of Inquiry in connection with Trade Disputes, and to make
other provision for the settlement of such disputes . . .{1}.
[20th November 1919]
PART I

INDUSTRIAL COURTS ACT 1919 - SECT 1

1.(1) For the purpose of the settlement of trade disputes ...,
there shall be a standing Industrial Court, consisting of persons to
be appointed by the Minister of Labour (in this Act referred to as
"the Minister"), of whom some shall be independent persons, some
shall be persons representing employers, and some shall be persons
representing workmen, and in addition one or more women.

(2) A member of the Industrial Court shall hold office for such
term as may be fixed by the Minister at the time of his
appointment.

(3) For the purpose of dealing with any matter which may be
referred to it, the Court shall be constituted of such of the
members of the Court as the president may direct.

(4) The president of the Court, and the chairman of any division
of the Court, shall be such person, being one of the independent
persons aforesaid, as the Minister may by order, given either
generally or specially, direct.

S.2 rep. by SR 1977/177

INDUSTRIAL COURTS ACT 1919 - SECT 3
Procedure of Industrial Court and on arbitrations.

3.(1) The Minister may make, or authorise the Industrial Court to
make, rules regulating the procedure of that Court, and those rules
may, amongst other things, provide for references in certain cases
to a single member of the Court, and provide for enabling the
Court to sit in two or more divisions, and to sit with assessors,
who may be men or women, for enabling the Court or any division
of the Court to act notwithstanding any vacancy in their number,
and for enabling questions as to the interpretation of any award to
be settled without any fresh report or reference.

Subs.(2) rep. by SR 1977/177

(3) The [Arbitration Act (Northern Ireland), 1937] shall not apply
to any reference to the Industrial Court, ....

(4) Where the members of the Industrial Court are unable to agree
as to their award, the matter shall be decided by the chairman
acting with the full powers of an umpire.

(5) Where any trade dispute referred to the Industrial Court
involves questions as to wages, or as to hours of work, or
otherwise as to the terms or conditions of or affecting employment
which are regulated by any Act other than this Act, the Court
shall not make any award which is inconsistent with the provision
of that Act.

Inquiry into trade disputes.

INDUSTRIAL COURTS ACT 1919 - SECT 4

4.(1) Where any trade dispute exists or is apprehended, the Minister
may, ..., inquire into the causes and circumstances of the dispute,
and, if he thinks fit, refer any matters appearing to him to be
connected with or relevant to the dispute to a court of inquiry
appointed by him for the purpose of such reference, and the court
shall, either in public or in private, at their discretion, inquire
into the matters referred to them and report thereon to the
Minister.

(2) A court of inquiry for the purposes of this Part of this Act
(in this Act referred to as "a court of inquiry") shall consist of
a chairman and such other persons as the Minister thinks fit to
appoint, or may, if the Minister thinks fit, consist of one person
appointed by the Minister.

(3) A court of inquiry may act notwithstanding any vacancy in their
number.

(4) The Minister may make rules regulating the procedure of any
court of inquiry, including rules as to summoning of witnesses,
quorum, and the appointment of committees and enabling the court to
call for such documents as the court may determine to be relevant
to the subject-matter of the inquiry.

(5) A court of inquiry may, if and to such extent as may be
authorised by rules made under this section, by order require any
person who appears to the court to have any knowledge of the
subject-matter of the inquiry to furnish, in writing or otherwise,
such particulars in relation thereto as the court may require, and,
where necessary, to attend before the court and give evidence on
oath, and the court may administer or authorise any person to
administer an oath for that purpose.

INDUSTRIAL COURTS ACT 1919 - SECT 5
Reports.

5.(1) A court of inquiry may, if it thinks fit, make interim
reports.

(2) Any report of a court of inquiry, and any minority report,
shall be laid as soon as may be before both Houses of Parliament.

(3) The Minister may, whether before or after any such report has
been laid before Parliament, publish or cause to be published from
time to time, in such manner as he thinks fit, any information
obtained or conclusions arrived at by the court as the result or
in the course of their inquiry:

Provided that there shall not be included in any report or
publication made or authorised by the court or the Minister any
information obtained by the court in the course of their inquiry as
to any trade union or as to any individual business (whether
carried on by a person, firm, or company) which is not available
otherwise than through evidence given at the inquiry, except with
the consent of the secretary of the trade union or of the person,
firm, or company in question, nor shall any individual member of
the court or any person concerned in the inquiry, without such
consent, disclose any such information.

Part III (s.6) rep. by SLR 1927

Remuneration and expenses.

INDUSTRIAL COURTS ACT 1919 - SECT 7

7. Any expenses incurred by the Minister in carrying this Act into
operation, including the expenses of the Industrial Court and of any
court of inquiry, shall be paid out of moneys provided by
Parliament.

INDUSTRIAL COURTS ACT 1919 - SECT 8
Definition of ""trade dispute.''

8. For the purposes of this Act

The expression "trade dispute" [has the same meaning as in the
Industrial Relations (Northern Ireland) Order 1976]:

The expression "workman" means any person who has entered into or
works under a contract with an employer whether the contract be by
way of manual labour, clerical work, or otherwise, be expressed or
implied, oral or in writing, and whether it be a contract of
service or of apprenticeship or a contract personally to execute any
work or labour.

INDUSTRIAL COURTS ACT 1919 - SECT 9
Rules as to appearance by counsel or solicitor.

9. Provision shall be made by rules under this Act with respect to
the cases in which persons may appear by counsel or solicitor on
proceedings ... before the Industrial Court, ... or before a court
of inquiry, and except as provided by those rules no person shall
be entitled to appear on any such proceedings by counsel or
solicitor.

INDUSTRIAL COURTS ACT 1919 - SECT 10
Application of Act to the Crown.

10. This Act shall not apply to persons in the naval, military, or
air services of the Crown, but otherwise shall apply to workmen
employed by or under the Crown in the same manner as if they were
employed by or under a private person.

INDUSTRIAL COURTS ACT 1919 - SECT 11
Provision in case of trade disputes in the industry of agriculture.

11. In the case of a trade dispute in the industry of agriculture,
steps to be taken under this Act by the Minister of Labour shall
be taken in conjunction with the Department of Agriculture and
Technical Instruction for Ireland.

Section 12(2) (Application to Ireland)

INDUSTRIAL COURTS ACT 1919 - SECT 13
Report to Parliament.

13. The Minister shall from time to time present to Parliament a
report of his proceedings under this Act.

INDUSTRIAL COURTS ACT 1919 - SECT 14
Short title.

14. This Act may be cited as the Industrial Courts Act, 1919.

Schedule rep. by SLR 1927