A NEW INDUSTRIAL MEASURE

Dominion, Volume 11, Issue 142, 5 March 1918, Page 7

A NEW INDUSTRIAL MEASURE

NEW SOUTH WALES BILL

LESSONS OF THE BIG STRIKE

The New South Wales Industrial Bill, which.was read a first timo in tha Legislative Assembly some days ago, provides for the gradual elimination of wages boards by means of Courts, presided over by a Judge. There will bo special Courts for special industries, such as matters affecting employees in any industry under the Crown, and matters affecting employers and employees in the coalmining industry. The Court may elect to sit with assessors representing tho interests of each of the parties before it. DeputyCourts, presided over by a judge or a chairman, with or without assessors, are provided for in districts which may be proclaimed. The right of appeal to a Court constituted by three judges may be granted by a senior judge. The finishing age for apprentices is raised from 21 to 22 years, because of the fact that under the present system of higher education youths in many cases remain at school till they are 17 years of age. Power is to be given to the Court to deal with the question whether piecework or contract work shall be allowed, and whether monetary allowance shall be made in respect of standing back or waiting time.

Provision is also made for shop committees, consisting of a representative of the employers and a representative of the employees, with a chairman to be appointed by such representatives, or, in the event of their failure, by the Minister. Such committee shall determine the piecework or contract rate to be paid, and the committee's determination shall have the same effect as an award of the Court, and may be varied by such committee from time to time, but shall not be subject to any appeal. Tho chairman shall bo paid such fees as shall be prescribed.

A material alteration is made in the matter of preferences. The words "to members of any industrial union of employees over other persons offering their labour at tho same time, other things being equal," are struck out, and the following words substituted: "To the members of any trade union or industrial union of employees upon such terms and conditions as the Court may prescribe, so long as the members thereof shall not, after the passing of this Act, take part in, aid, or abet, any illegal strike."

The Court shall in the month of December of each year declare what shall be the living wage for the succeeding year for adult male workers and adult female workers, respectively, and no industrial agreements shall be entered into, and no award made for wages lower than such living wage. Whenever any award relating to any skilled occupation fixes minimum wages higher than the living wage, the amount of the' excess shall bo the same in the case of .males and females. Tho Court or a board shall, as far as is consistent with the maintenance of industrial peace, deal only with wages and hours of employment, leaving all other matters to shop committees, conciliation commit-' tees, industrial councils, or voluntary committees. All employees engaged in agriculture,'viticulture, dairying, and other rural industries shall he entitlod to be paid the living wage, but, excepting those actually engaged in tho shearing of sheep and occupations incidental thereto, shall not be otherwise subject to the provisions of the Principal Act, the Industrial Arbitration Amendment Act, 1916, or-of this Act.

' Strikes That Are Illegal. An important section provides that the following strikes and no others shall bo illegal (a) Any strike by employees of the Crown or of any Minister, trust, commission, or board, exercising executive or administrative functions on behalf of the State, including the' Chief Commissioner for Railways and Tramways, the Sydney Harbour Trust, the Metropolitan Board of Water Supply and Sewerage, the Water Conservation and Irrigation Commission, the Hunter District Board of Water, Supply and Sewerage, or by the employees of any city, shire or municipal council. (b) Any strike by the employees in an industry, the conditions of which are for the time being fixed by an award or by an industrial agreement; provided that any union of employees not comprising employees of the classes mentioned in tho previous sub-section may by the vote of a majority of its members at a secret ballot, taken in accordance with tho provisions for ballots contained .in. this Act, »ind the regulations thereunder, in which not less' than two-thirds of the members of such union take part, decline to be further bound by the provisions of any award or awards which shall have been in operation for a period of twelve months, and shall thereafter be unaffected by tho foregoing provisions of this paragraph. (c) Any strike (other than a strike by the classes of employees mentioned in Sub-section (a) of this section, which has been commenced prior to the expiry of 14 clear days' notice in writing of intention to commence the same, or of the existence of 6uch conditions as would be likely to lead to tho same given to the Minister by or on behalf of the persons taking part in such strike.

In tho event of an illegal strike occurring the Court may order any industrial union or unions whose executive or a substantial number of whose members are taking part in, or aiding or abetting a strike, to pay a penalty not exceeding £500. It shall be a defence that tli> 'ninn by means reasonable under the circumstances endeavoured to prevont its members from taking part in or aiding or abetting an illegal strike. The Minister may, during the progress of a strike, or whenever bo has reason to believe that a strike is contemplated, direct that a secret ballot shall be taken. In such cases the Minister shall appoint a returning officer and deputy returning officers, and shall also appoint a sufficient number of serutine&rs, who shall bo officers or members of the organisation affected.

Any person guilty of aiding or instigating an illegal strike or obstructing tho taking of a ballot or counselling, persons to refrain from voting, or, being an officer of a union, refuseß to assist in the taking of a ballot by acting as a scrutineer or providing for the uso of the returning officer lists of members, or directs or assists in the direction of an. illegal strike, or acts upon a strike committee in connection with an illegal strike, shall he liable to a penalty of £50, or imprisonment for six months. The proprietor and publisher of anv newspaper which advises, instigates, aids, or abets an illegal strike or publishes any report, advertisement, or other matter in this direction, shall for cacli offence ho liable to a penalty ,-iot exceeding £500. Any person who induces or attempts to induce another to take part in an illegal strike shrill bo liable to a penalty not exceeding 1.20, or to imprisonment for a term not ex<'e--* ; ng thiee months. No person or trade union shall declare any article "black" or do anything to induce or compel any person to refrain from handling or dealing with any artiolo. No person shall print or publish any statement that any article has boon declared "black." Tho penalty in those cases as against any trade, union or proprietor of any newspaper or printing press shall be a sum not '°scaedinE £600, .and as aafliasi auy

individual a sum not exceeding £50, or impiisamneiit for a period not exceeding six months. Colleotlng Penalties. A trade union may provide for in its constitution and maintain and administer special funds for political purposes, or for tlio establishment and Maintenance of nowspapers, provided that such funds shall be raised only by special contributions for the purposes thereof, and that these contributions shall not be a condition of admission to or membership of any union and shall not he enforceable. Where any tmie union fails within the time prescribed by the Court *!» pay any penalty imposed, the trada union shall be wound up, and tho dulyappointed receiver, after paying the expenses of tho winding-up, shall pay the penalties due to the Crown, and other debts of tho union. Members of the union shall be liable to answer jointly arid severally for the whoio or any part of such penalty, which cannot be paid out of the assets of the union. Provision is made for the, constitution of a- Board of Trade to deal with all questions relating to apprenticeship and juvenile, labour, to consider and report upon any question referred to it relating to the cost of living, the price of commodities, and as to whether or not* monopolies or trade rings exist for tho purpose of unfairly keeping up the prices of commodities, to report upon and investigate the existence of sweating, to encourage and assist in the establishment of shop committees, mutual welfare committees, and industrial councils, schemes for miisiial co-operation and profitsharing between employers and employees, the establishment of hostels for' women workers, and workman's clubs and libraries; to report alid advise on schemes for the better housing of the people; and to.collect statistics and other information relating to industry and tho labour market. The board shall compriso a president, who shall bo the Minister or a Judge of the Court ;J'-a deputy-president, who shall he the tender-Secretary for Labour; and foui commissioners. The members of the ttoard other than the president and de'piity-presidont shall be paid prescribed feei, and shall bo appointed for not less than three years. Provision is also made for tho establishment of State labour exchanges, .and for the licensing of persons carrying on private employment agencies.