H.—ll

XIII

operate, and the conditions of employment would then be arranged between the employers and the individual workers employed by them, subject to such legislation. On the other hand, section 11 of the Act above referred to provides that any award in existence should, notwithstanding the Act, continue in force unaltered until the expiration of its. currency, and then be read subject to the award. In an interpretation of the award the Court held that the effect of the 1910 amendment to the Shops and Offices Act was to alter the hours of work fixed by the award, as it reduced them from a maximum of sixty-five per week to sixty-two for male workers and fifty-eight for females and young persons. As the period for which the award was made had expired, the provisions of the Act came into full operation, and under clause 14 of the award the provisions of the award ceased to operate. A case for enforcement of award was taken against a timber company which was in liquidation. The company contended that in accordance with the Companies Act no proceedings could therefore be taken against it without the leave of the Supreme Court. The Magistrate ruled, how ever, that as the Crown was not specially mentioned in the section of the Act prohibiting action to be taken as aforesaid, the Companies Act did not apply to any action brought on behalf of the Crown to recover a penalty payable to it. In the memorandum to the Auckland Farriers' award the Court ruled that it had no jurisdiction to embody in the award a clause contained in the recommendation of the Conciliation Council to the effect that an employee being allowed full time should not do any work pertaining to the trade for any other than his present employer. In the case of the Kaitangata coal-miners an industrial dispute between the union and the employers had been settled by agreement, which was forwarded to the Court to be embodied in an award. Application was then made by a representative of a section of the miners who did not belong to the union registered under the Act to be heard before the Court and to put forth their objections to the award being made. As the body of workers making the application was not a party to the dispute, the Court refused the application. It was further of the opinion that it was not desirable to depart from the principle embodied in the Act that workers can be represented before the Court only by a union duly registered under the Act. The Ngahauranga and Petone Slaughtermen's Union appealed against the decision of the Registrar to refuse registration, of the union under the Act. The reason for refusal was that there was, at the time the application for registration was made, a Wellington Slaughtermen's Union registered under the Act, to which the members of the appellant union "might conveniently belong." The evidence showed that the appellant union was desirous of obtaining registration in order to avail itself of the conciliation and arbitration provisions of the Act. In its decision the Court found that the Wellington union had not, either before it cancelled its registration, when its members went on strike, or after re-registration, shown any such desire to use the machinery of the Act to settle a dispute in which it was concerned. The Court also held that, as the object of the Act was to settle all industrial disputes by conciliation and arbitration, it would be intolerable if the existence of a union which had played fast and loose with the arbitration system, as the Wellington union had done, should bar the registration of another union the members of which had shown a bona fide desire to use the machinery of the Act. The Court was further of the opinion that the appellants should not be forced to accept the alternative of joining the Wellington union or of being deprived of the benefits of the Act. The Court also held that, under its rules", the Wellington union was in effect a close corporation. For these reasons it held that the existing union was not one to which the members of the appellant union might conveniently belong. The appeal was therefore upheld, and the Court accordingly reported to the Registrar that, in. its opinion, his refusal to register the appellant union should be waived. Particulars of other important judgments, under the heading " Applications for Awards in which no Award was made," will be found on page 51 of this report. Registration of Industrial Unions and Associations. The work in connection with registration of industrial unions continues to grow steadily, forty-six new unions being registered during the year, as against twenty-eight the previous year. The membership of the unions so registered totalled 4,091. at the time of registration. The number of employers' unions registered also showed a marked increase, twenty-one being registered (with 386 members) as against six in the previous period. Twelve workers' unions, and one association of workers' unions, voluntarily cancelled registration. Seven associations of workers' unions and one of employers were also registered. The provisions of the Act permit-