"Industry" Defined

Hawke's Bay Herald-Tribune, Issue 207, 17 September 1937, Page 7

"Industry" Defined

-Preia Aa«poiation.)

GOVERNMENT BILL Sequel to Appeal Court Decision MINISTER EXPLAINS

{By Telegraph-

; WELLINGTON, Last Night. . Legislation wL'ick wiJl overcome tL, Idifliculty caused by the decision of fho iGourfc of Appeal in tho case of the [Otago clerical vrorkers was introduced !in tho House this afternoon by Gover-,nor-GeneraPs message. ■ The measure takes the form of an amcndnjCSt to the Induitrial COneiliation and Arbitration Act and gains its fobjectivo by providing a new definition •of the term "industry." Prior to thc decision of the Coyrt of Appeal the term. "industry" generally had been regarded by the Arbitration Court and others as mcaning not only the business or undertaking in which thq- employers and their employees vrere engaged, bufc also any employment or occupation of the workers themselves, irrespective of the nature of the businqssqa pf their employers. The Court 's decision was that the term 'industry,J should be limited in its meaning to the business or undertaking coinmoa tq both the em' ployers and the workers, and it was immediately suggested that numerous unions and awards would be affected by the pronouncement. The new definition of ^'industry" contained in the Bill is: (a) Any business, trade, manufacture, undertaking or calling of ths employers, and (b) any calling, service, employment, htndicraft or occupation of the workers. This extendi.d definition is made retrospective so as t.o cover the registration of any union effected before the passing of the legislation, and also to validate any prior award, industrial agreement or proceedings before a Conciliation Council or the Arbitration Court. Another clause permits an industrial unipn of employers or workers, by awending it? rulos and changing jts pamp, to pxtend the area in respect pf whieh it is registered, pr pxtend its acope to admit persoas engaged or employed in related induetries. Jt is madc clear that the Registrar of Industrial Unions will have full power to issue a new certificate pf xpgistration and reeord amendinents te the iuleg pf the i linion ppncerned. Industrial associations are also to be -covered by this provision. Authority is given in the Bill for the Minister of Laboup to issup under-rate workers' permits in special cases to persons not usually employed in the industry concerned. Mr. A. Hamilton asked if the Bill had referpnce to the clorks ' union caae ia Qtagp and, if so, did it propose any important altoration in the law? The Acting Minister of Labour (Hon. P. C. Webb): Tho Bill is xnerejy to reinstate whafc we undergtopd thq law fO be. Mr. S. G. Smitfi said he thought jt unfair to compel men and womes to hgcome trade unionists and. to be compellod to pay money into the Labour Pgrty's funds if they did not wish to do so. If 51 per cont. of the membeis of a union voted tp pay part of the funds of the union to the Labour Party, fcp othpr 49 per cent. would be compeljed fo abide by their decision. Mr. Webb assured Mr. Smith thero was 80 intention sueh a§ hp had indi» eated in the Bill. It wa,s merely to redefine thp term "industry" as it had been understood by past Governmqnts, and the acceptcd definition of which had been upset by the judgment of the Cpurf pf Appeal. Unless the Bill w«re passed, the Court 's judgmpnt would interfera very seriousjy with othcr award?, . The Bill was read a first ti^f.