IAR-2.pdf - Western Australian Industrial Relations Commission

MINISTER FOR LABOW®

Errata.

On page 35 strike out the word “and,” at the beginning of line 37.

On page 154, “imports,” in line 12 (from bottom) should be “ import.”

On page 221, in line 9, insert the words “not that” after the word “but” and before the word “ they.”

WESTERN AUSTRALIA.

The Industrial Conciliation and Arbitration Act, 1902.

REPORTS OF PROCEEDINGS

THE BOARDS OF CONCILIATION

THE COURT OF ARBITRATION.

Published under the authority of the Honourable the Attorney General

(Walter Hartwell James, K.C.)

VOL. II.

L908.

29th MAY to 3lst DECEMBER.

EDITOR:

EDGAR T. OWEN, F.S.S., Registrar of Friendly Societies,

REPORTER:

T. F. DAVIES, Solicitor (Clerk of Court of Arbitration).

SHORTHAND WRITERS TO COURT:

Messrs. BULL and HALE.

PERTH:

BY AUTHORITY: WM. ALFRED WATSON, GOVERNMENT PRINTER.

1904.

INDEX OF CASES REPORTED IN THIS VOLUME.

BootmMaKeERs’ [NpusTRIAL UNION OF WoRKERS, COASTAL OPERATIVE, v. W.A, METROPOLITAN Boot MANUFACTURERS’ UNION OF EMPLOYERS _... wee ees

BREAD CarRTERs’ INDUSTRIAL UNION OF WORKERS, PERTH, FREMANTLE, AND SUBUR- BAN, v. CoasTaL District Master Bakers’ INpuUstTRIAL UNION oF EMPLOYERS

BRIcKLAYERS’ INDUSTRIAL UNION OF WoRKERS, THE COASTAL OPERATIVE, v. THE BuILDERS, CONTRACTORS, AND JOINERY Works InpDusTRIAL UNION oF Em- PLOYERS ses wes aes ees wee ves ses wes eas wee eas

Butcuers’ InpustriaL UNIon oF WORKERS OF W. A, THE GOLDFIELDS OPERATIVE, v. BUTCHER & Uur, LIMITED, AND OTHERS . ae

ButcHers’ UNION oF WORKERS, COASTAL JOURNETMEN, v. ALBERT & Co., AND OTHERS vee . . - wee

ButcHers’ UNIon oF WORKERS, COASTAL JOURNEYMEN, v. fF. FowLeR ee see

CARPENTERS AND JOINERS, THE WorkKeErRS’ INDUSTRIAL UNION or, PERTH, W.A., AND THE FREMANTLE, No. 788, AMALGAMATED SOCIETY OF CARPENTERS AND

JOINERS’ INDUSTRIAL UNION oF WoRKERS, v. THE BUILDERS, CONTRACTORS’ AND JOINERY Works INDUSTRIAL UNION OF EMPLOYERS . - wae we see

CARPENTERS AND JOINERS, THE WORKERS’ INDUSTRIAL UNION or, PERTH, W.A., v. Tue BuILDERS, CONTRACTORS, AND JOINERY Works’ INDUSTRIAL UNION OF EMPLOYERS ... . wee wae a wee wee see bee tee

CARTERS (see “ BREAD CARTERS ”).

COACHBUILDERS’ INDUSTRIAL UNION OF WORKERS, Coastat, v. Bowra & O’DEa, AND OTHERS bes vee vee

CoLLIE PROPRIETARY COALFIELDS OF W.A., Limirep, v. CoLture River District MINERS’ UNION OF WORKERS

ENGINE-DRIVERS FIREMEN, AND CLEANERS’ INDUSTRIAL UNION oF WORKERS, WEST AUSTRALIAN LocomoTrIvE, v. THrt COMMISSIONER OF RAILWAYS... wee see

Horet anp ResTAURANT EMPLOYEES’ UNION oF WoRKERS, THE EASTERN GOLD- FIELDS, v. S. F. C. Cook AND OTHERS... . wee - -

MacHINE PRINTERS AND STEREOTYPERS INDUSTRIAL UNION OF WORKERS, WEST AUSTRALIAN, v. MasTeR PRINTERS’ UNION OF EMPLOYERS OF WESTERN AUS- TRALIA AND OTHERS . vee ves aes

Miners’ UNION oF WORKERS, COLLIE RIVER DisTRict, v, COLLIE PROPRIETARY

COALFIELDS OF W.A., LIMITED ... tee

Miners’ Union oF WorKERS, GOLDFIELDS AMALGAMATED, ¥v. THE REGISTRAR

Miners’ UNION or WorKERS, GWALIA, v. THE REGISTRAR see ase we

Miners’ Union or Workers, Norseman, v. THE Princess Royat GoLtp MINE, LiMITED, AND OTHERS wee wee wee wee we

*

Miners’ UN1on oF Workers, YUNDAMINDERA (LATE GRANITES BRANCH OF THE AMALGAMATED WorKERS’ ASSOCIATION), v. THE REGISTRAR wee oes

(Mingrs) Workers’ Union, Peak Hitt Brancu or THE AMALGAMATED, v. THE Peak Hitt Goutvristps, Limirep wee wee wes ves vee

Pace.

64, 91

95

63

149

208

154

21, 84

27

208

99

54

43

54

80

1902.

GoLDFIELDS OPERATIVE ButcHeErs’

UNION

Vv.

Butcuer & Unr,

Limiten, AND OTHERS.

was admitted by the Union that many of the employers were paying a fair wage to their employees, but contended that the same could not be said of all.

The evidence adduced by the Union was directed chiefly towards establishing the following points:—The masters’ refusal to

agree to the minimum wage desired by the Union; that the

minimum wage proposed by the employers was lower than the average wage then paid in the district; that excessive hours were required to be worked; that the trade was one requiring skill, and that the wages paid to the workers should therefore compare favourably with the wages paid in other skilled trades ; that the workers in many instances were charged with a great deal of responsibility; that the object of the Union was to have a fair minimum wage established in order to prevent or suppress sweating; and that, taking into consideration all the surrounding circumstances, the employees were paid higher wages in the Eastern States than at Kalgoorlie.

The following were the claims made by the Union :—

“That all journeymen Butchers be paid not less than the wages specified in the following scale, such wages to be in cash for the full time worked without deductions :—

£ s.d. ““Shopmen and Small Goods Men... 4.10 0 per week. “Cart hands and others . . 4 0 0 ” “ Jobbing Hands (week days) .. 1 O Oper day.

“Do. (Saturdays) 15 0 ”

“ Hours and conditions of work to be the same as agreed upon in conference between both y:arties.”

The Employers, on the 17th day of October, 1902, lodged with the Board counter applications, in which they claimed that the wages of journeymen butchers should be fixed as follows :—

Shopmen and Small Goods Men ... . £3 10s. Od. for each sixty hours per week worked ;

Cart Hands and others... we ... £3 Os. Od. for each sixty hours per week worked ;

Jobbing Hands .. ves ... 12s. Gd. per day ; 0. (Saturdays) . 18s. Ol. per day.

That the hours and conditions of work be fixed by the employer in accordance with the requirements of his business.

The contentions put forward by them were chiefly :—That the value of different men varied so considerably that it would be unfair to the employer to fix a high minimum wage; that the time was ill-chosen for any application to raise wages, as, owing to the increase in the price of stock, the masters’ profits had been considerably reduced; that the wages in the vears 1895 and 1895 were £3 10s. and £4, when the cost of living was high and the conditions of life more severe, notwithstanding which they were willing to pay the rates which had jthen ruled ; the Workers’ Compensation Act recently passed had placed the workers on a more favourable

3

footing in regard to accidents, at the cost of the master, who to 1902. protect himself was put to the expense of insuring; that no great GoLDFIELDS intelligence was required to learn the butchering trade, and the Opgrative work was not hard; that grocers’ shopmen’s wages were £3 10s, Burcugrs’ per week, and their cart hands £3 per week; that butchers’ Umton shopmen and carters were not entitled to higher rates than similar Burcuzr & employees in the grocery business; and that they could not be con- Do, sidered entitled to wages equivalent to those paid miners and yyp orners.

truckers, to whom the Court of Arbitration had awarded £3 10s.

and £3 8s. per week, respectively.

After hearing the evidence and addresses on both sides, the Board, on the 8th day of November, issued the following Recom- mendation :—

BEFORE THE Boarp OF CONCILIATION FOR THE HastTeRN InpDUs-

TRIAL DISTRICT OF THE STATE OF WESTERN AUSTRALIA.

In the matter of “‘ The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an Industrial Dispute between the Goldfields Operative Butchers’ Industrial Union of Workers af W.A. and Butcher and Uhr, Limited; Moher & Smith; Joseph Warner; Fuller, Naughten, & Co.; Allan & Northwood; William Bellis; William Wilcoz; William Gunter & Son;

J. Quilty; J. Seward; — Daniels; West & Curwood; William Black; R.

Bates; J.Finn; D. Bantock; T.4 H. Witte; A. Dick; J. Underwood; E. Hugo; Zowe & Daff; W. Hewett; E. Collins & Co.; J. Bedford; J. Crossing; J. Maloney, and — McGhee, Master Butchers of Ka!goorlie,

Boulder City, Kamballie, Trafalgar, and Coolgardie; and in the matter of cross citations lodged by Thomas G. Black; Boneham Brothers; Butcher & Uhr, Limited ; Moher & Smith; George W. Allan; Thomas William Northwood; Thomas Henry Witte; E. Hugo; Donald T. Bantock & Co.; Zowe & Daf; John Finn; Fuller, Naughten, & Co. ; W. Gunter & Son; John Seward; John Crossing, and J. Warner

(hereinafter called the Employers), and the Goldfields Operative Butchers’ Industrial Union of Workers.

WHEREAS a dispute has arisen between the above recited parties,

and the said dispute was duly referred to this Board for settlement.

And whereas the Board having sat at Kalgoorlie on the 22nd and 23rd days of October, 1902, and having heard and considered the

evidence of 28 witnesses, and the addresses of the representatives

of the respective parties, doth hereby recommend as follows :—

(1.) That the hours of labour shall be sixty hours per week, such hours to be between the hours of 5 a.m.

and 6 p.m., at the discretion of the employer; and

on Saturdays from 5 a.m. until 10 p.m.

(2.) That the wages paid to Shopmen and Small Goods

Hands shall be four pounds five shillings per week.

Cart’ hands three pounds ten shillings per week.

Casual hands, week days, one pound per day.

Saturdays, one pound five shillings per day (hours as hitherto).

The above wages and conditions to remain in force for one year and six months.

4

1902. In WITNESS WHEREOF this Recommendation has been signed Gouri: by the Chairman of the Board of Conciliation for the Eastern Orenariva Industrial District, this 8th day of November, 1902.

BUTCHERS JOHN M. FINNERTY, ) Chairman.

BurcHer &

Usp, The Union, being dissatisfied with the terms of this Recom- MIMITED, mendation, on the 5th December, 1902, caused the matter to be

referred to the Court of Arbitration. Owing to pressure of business the Court was unable to hear the dispute until the 17th day of June, 1903.

(Court proceedings infra.)

Mr. Thos. Henry Bath for Union.

Mr. Thomas William Butcher for Employers.

COURT OF ARBITRATION.

Before the Acting President, Mr. Justice Parker, in Chambers.

Coolgardie Mining and Timber Employees’ Union of W.A.

v.

The Registrar.

Appeal against the decision of the Registrar, who refused to register the appellant Union—Union not being desirous of prosecuting the appeal, same struck out.

The above-named Union had, on the 8th September, 1902,

made application to the Registrar for registration under the

Industrial Conciliation and Arbitration Act, claiming jurisdiction

over the “ Mining and Timber Employees’ Industry.”

On the 4th October, 1902, an objection to the registration of

this Union was lodged with the Registrar on behalf of the Goldfields Amalgamated Miners’ Union, it being urged on behalf of the objecting Union that, if registered, the word “Mining” should be eliminated,

as the mining industry was already represented by the Goldfields Amalgamated Miners’ Union, a branch of which was in existence at

Coolgardie, and was then seeking registration.

On the 17th November, 1902, the Registrar received a formal application for registration from the Coolgardie No. 3 Branch of the Goldfields Amalgamated Miners’ Union of Workers. This Union

claimed registration in respect of one industry only, viz., ‘‘ Mining.”

The Registrar, being of opinion that the application lodged on behalf of the appellant Union was illegal, on the ground that the

Union sought to embrace more than one industry, informed that Union, on the 5th January, 1903, that he declined to register it as

a Miners’ Union, but would register it in respect of any industry other than Mining. At the same time he sent a notification to the Coolgardie No. 3 Branch of the Goldfields Amalgamated Miners’

Union of Workers, to the effect that he was prepared to register that Union. This registration was effected on the 4th February, 1903.

The Registrar contended that he had simply exercised his discretion in the selection of one of two conflicting applications for

registration in the one locality, and had decided to register that Union which, in his opinion, best complied with the Act.

When the matter was called on for argument the representative of the appellant Union stated that it had been decided by the

Union to abandon the appeal.

The appeal was therefore struck out.

The Registrar in person. Mr. Joseph Atkineon for the appellant Union.

1908,

May 29.

1903.

June 3.


In the matter of an application by the Coastal Slaughtermen and Assistants’ Union of Workers for an order calling upon the proprietors of the “‘ Daily News” newspaper to show cause why they should not be dealt with under Section 102 of the Act, for publishing something calculated to prejudicially affect a matter before the Court.

Per Parker, J. (Acting President): I do not think that the Court of

. Arbitration, although constituted a Court of Record by Section 58, has the inherent jurisdiction which the superior Courts have to take proceedings for contempt.

On the 26th May, 1903, the hearing of the dispute between the

above-named Union and Messrs. Forrest, Emanuel, & Co. and others

had been concluded, but the Award of the Court was not delivered

until the 12th June, 1903.

On the 2nd June of the same vear, an article appeared in the “ Daily News” newspaper, commenting upon the question of

apprenticeship of bovs, in the following words :—

“In the Arbitration Court last week Mr. W. E. Moxon

placed on record his protest against making any award

that would restrict the employment of boy labour.

The case then before the Court was the Slaughter-

men’s dispute, but Mr. Moxon’s remarks had a general application. Industrial legislation cannot be successful unless it is adapted to the uses and requirements of the people, and the apprentice regulations are of doubtful utility in a community such as ours. A father with average intelligence will naturally consider what department of life his boy is suited for, and he should not have any restrictions placed in his

way; neither should a lad be deprived of an opportunity of taking up an occupation upon which he may have set his mind. What to do with the boys is a

question which exercises the minds of many parents,

and anything that will facilitate them in giving their offspring a good start in life should not be dis-

couraged. The best interests of trade are not likely to suffer if the limitations of the number of apprentices are removed, and, on the other hand, the advan-

tages that would be enjoyed by the rising generation

are more evident than the supposed disabilities that

would result to Trades-Unionism.”

An application was now made on behalf of the Union, under Section 102 of the Act, for an order calling upon the proprietors of

the newspaper mentioned to show cause why they should not be 1903. dealt with under that section. Cosaran

Mr. J. L. Charge (for the Union) contended that the publi- 5vsvenTEs-

cation referred to was such as was calculated to obstruct or interfere Untom

with, or prejudicially affect, the matter before the Court. Section Tue “ * Datey

94 regulated the procedure. By that section the Court might, in WS.

the case of contempt of Court, deal with the matter forthwith,

without the necessity of an information being laid or summons

issued.

The PresipENT: It is clearly not contempt of Court. It is an offence. Section 101 deals with contempt of Court. What you

complain of now is a contempt of a properly constituted Court. I do not think it applies to a Court. like this.

Mr. Cuarke: By Section 58 this Court is made a Court of Record, and therefore it has the inherent jurisdiction to commit for contewpt.

The PrestpEnt: I have looked into this matter and it does not seem to me that this is a Court which has the inherent right to commit for contempt. Under Section 94 we are met with this—

“ Provided that in the case of an offence of contempt of Court :”—

This must be taken to mean the offence of contempt referred to in

Section 101. Section 102 refers to matters before the Board or

Court, and it says that a man may be fined for printing or publishing anything prejudicial to any matter before the Board or Court,

but I do not see that that can be treated as a contempt. Itis quite open to you tu take proceedings under Section 102, by issuing a summons if you wish. I do not think that this Court, although

made a Court of Record by Section 58, can take notice of this as a contempt, and in my opinion that is why a special provision was

made with regard to persons who write or publish certain things. In my opinion, that proviso was placed there because the Court has not the inherent jurisdiction, which superior Courts have, to take such proceedings. I have consulted with the other members of the

Court, and they wish to leave this matter to my discretion. My

opinion is that the article complained of is not a contempt of Court.

Mr. CLarKe: Then I may apply to you for an information or

summons.

The PresipEnr: Certainly, if you desire.

It was then settled that if the Union insisted on prosecuting the

matter, an application might be made to the President in Chambers for leave to issue an information in respect of the alleged offence.

No subsequent action, however, was taken.


1903. Coastal Saddlers’ Industrial Union of Workers

May 29. vu.

June2&9. P. Bechtel, C. Dorney, B. Rosenstamm, K. McKenzie, R. Smith & Co., and E. R. Knoll.

Industrial Dispute, Saddlery Trade—Reference to Court, parties being dis-

satisfied with Board’s Recommendation—Application for appointment of Assessors under Section 99 refused—Alleged disnvissal of employee on account of his having given evidence on behalf of Union—Employers’ contentions—Award.

Per Presivent: The Court recognises that it would be most improper

and a very vindictive act for an employer to discharge a man because he gave evidence in this Court.

This dispute had originally been referred to the Board of

Conciliation for the South-West Industrial District, at the instiga-

tion of the Workers’ Union. The claims made by the Union, also the Recommendation made by the Board, have been previously

reported in detail (Vol. I, p. 158). The employers, being dissatisfied with the settlement suggested by the Board in its Recommendation, caused the dispute to be referred to the Court. The clauses of the Recommendation to which the employers took chief exception were :—

Clause 2, which prescribed that the rate of pay for workers in the industry should be Two pounds fifteen shillings per week.

Clause 4, directing that “all boys employed in the trade subsequent to the date hereof shall be indentured to their employers for a term of not less than four years.”’

Clause 5, providing that “the proportion of apprentices shall be one to every three or fraction of three competent workers;” and

Clause 6, which directed that incompetent workers in the industry should obtain a permit from the Secretary

of the Union before working at the trade for a less wage than the wage fixed by Clause 2 of the Recom- mendation.

The members of the Workers’ Union were also unwilling to accept a settlement of the dispute in the terms of the Recommendation, their

chief objection being to Clause 2; the Union claiming that three

pounds per week should be the minimum wage payable to a com-

petent worker in the industry. They also claimed that an additional clause should be inserted directing the abolition of piecework.

9

Both parties ultimately agreed that the area over which the 1903. Award should operate should be the South-West Industrial Coasvan District, and further, that Clause 3 of the Board’s Recommendation g,p5prere’ should remain unaltered, and be inserted as a provision in the Union

; __ Vv. Award of the Court. It reads as follows: BECHTEL AND

““(3.) The rates paid for overtime shall be time and a OTHERS. quarter for the first three hours, and time and a-half after that. | Double time shall be paid on

Sunday, Good Friday, Christmas Day, and Eight

Hours’ Day.”

Mr. J. W. Croft for the Union.

Mr. J. Phair for the Employers.

On the opening of the case, the issues having been settled, Mr. Phair applied, under Section 99 of the Act, to have assessors

appointed, on the grounds that the fixing of the minimum wage, which would apply to all the members in the industry, would

require the consideration of a person thoroughly well versed in the different branches of the trade; that the dispute was of a technical

nature, and the assistance of experts was essential; that there were six different branches to be dealt with in the trade, namely, saddle

makers, harness makers, collar makers, bridle cutters, whipthong

makers, and machinists, each of these branches requiring different degrees of skill.

Mr. Crort opposed this application, and referred to the terms of the section which empowered the Court, at any stage of the proceedings, to require the parties to nominate an expert. He contended that, outside bare statement, no proof had been given which would enable the Court to judge whether the assistance of experts would be necessary.

The Court decided to refuse the application, the President

stating that if the Court considered such a course necessary during the hearing it could then call upon the parties to appoint assessors.

The existence of a dispute was admitted by the employers, and proof thereof was consequently dispensed with.

Evidence was then called on behalf of the Union to substantiate its claims, and this was not concluded when the Court adjourned. On the 2nd June, when the Court resumed, Mr. Croft stated that since the previous day’s proceedings in that Court one of the employers, Mr. Bechtel, had dismissed from his employment a worker who had given evidence during the previous day’s hearing. There was no direct proof available to show that this worker had been dismissed on account of the part he had taken in the present proceedings, although he and his fellow-employees were convinced

that such was the case. 'The man referred to had been in Mr. Bechtel’s employ for some time, and was in receipt of a high rate of wages, being considered a good workman. It appeared to him (Mr. Croft) that if Mr. Bechtel had desired to curtail his staff he would commence by putting off his worst men first. The Union desired

1903.

COASTAL

SADDLERS’

UNION Vv.

BECHTEIL AND

OTHERS.

10

an expression of disapproval of such action from the Court. It was the first time since the passing of the Act that a complaint of this nature had been made.

The PresipeEnt stated that he would like to hear Mr. Bechtel’s.

explanation of the matter.

Mr. Bechtel thereupon denied that be had dismissed the worker referred to on account of his having given evidence in this dispute on behalf of the Union. He explained his action w.s attributable solely to slackness in trade. The services of another worker besides the one mentioned had also been dispensed with for the same reason. There were other workers then in his employ who had given evidence- in this case. The Secretary of the Union had been employed by him since the hearing of the dispute by the Board, and this man was still in his service.

The Presipent: Of course the Court recognises that it would be most improper and a very vindictive act for an employer to discharge a man because he gave evidence in this Court; but, in view of the explanation given by Mr. Bechtel, I personally cannot come: to the conclusion that he discharged him for this reason.

On the conclusion of the case for the Workers’ Union, the em-

ployers’ representative called evidence to show that the employers were paying liberal wages and were granting fair conditions of employment; that the Board’s recommendations were unfair; that the industry, beng a manufacturing one, had to compete with importa- tions from the Eastern States and ‘abroad ; that the cost of living in Perth did not greatly exceed that of the Eastern capitals, whereas the masters were paying wages ata rate of about thirty per cent.. in excess of that paid by Melbourne employers; that rents also were a greater burden on the master in Perth than in Sydney and

Melbourne ; that the majority of employees engaged in Perth were inferior workmen; that the retail price of saddlery was no higher in this State than in the Eastern States ; and that the system of piecework prevailed throughout the trade in Australia.

The employers desired that if the Court decided to fix a minimum wage, it should direct that such minimum should apply to. workers of the age of twenty-one years and upwards, so that it might be applicable to men of some little experience.

The evidence having been concluded and the representatives. having addressed in conclusion, the Court adjourned to consider its Award.

On the 29th June, 1903, the following Award was delivered :—

In THE Court or ARBITRATION OF WESTERN AUSTRALIA.

In the matter of the Industrial Conciliation and Arbitration Act, 1902, and in the matter of an industrial dispute between the Coastal Saddlers’ Industrial Union of Workers (hereinafter called the Union), and R. Bechtel & Co., B. Rosenstamm, R. Smith & Co., C. Dorney, E. R. Knoll,. and K. McKenzie (hereinafter referred to as “ The employers’’).

The Court of Arbitration of Western Australia (hereinafter called “the Court”), having taken into consideration-the matter of

li

the above-mentioned dispute, and having heard the Union and

the Employers by their respective representatives duly appointed, and having heard the witnesses called by and on behalf of the Union and by the Employers and cross-examined by the parties respectively, doth hereby order and award as follows: That as between the Union and the members thereof and the Employers

and each of them, the terms, provisions, and conditions set out in

the schedule hereto, and of this award, shall be binding upun the Union and the members thereof and the Employers and each of

them; and the said terms shall be deemed to be and they are hereby

incorporated in and declared to form part of this award: And

further, the Union and the members thereof and the Employers and each of them shall respectively do, observe, and perform every

matter and thing by this award and by the said terms, conditions,

and provisions respectively required to be done, observed, and performed, and shall not do anything in contravention of this award or of the said terms, conditions, and provisions, but shall in all

respects abide by and observe and perform the same: And the

Court doth further order that this award shall apply to the industry

of Saddlery and Harness-making, and shall operate and have effect over the whole of the South-West Industrial District in the State of Western Australia: And further, that this award shall take effect from the date hereof and shall continue in force until the twenty-ninth day of December, one thousand nine hundred and three.

Tue SCHEDULE HEREINBEFORE REFERRED TO.

1. Forty-eight hours shall constitute a week’s work.

2. The minimum rate of wages which shall be paid by the employer to the male worker of the age of nineteen years and upwards in this industry shall be two pounds ten shillings per week.

With regard to piece work, the Court suggests that the Union and the Employers should meet and endeavour to arrange a log of prices for the various classes of work, and for this purpose it recommends the parties to consider the piecework statement compiled by the Victorian Wages Board appointed under the Victorian Factories Act, 1901. Should the parties fail to agree between themselves, either party shall be at liberty to move the Court with a view to fixing the statement of prices.

3. The rates paid for overtime shall be time and a-quarter for the first three hours and time and a-half after that; double time shall be paid on Sunday, Good Friday, Christmas Day, and Eight Hours’ Day.

4. Any workman who considers himself incapable of earning the wage specified in paragraph 2 hereof may be paid such less wage as may from time to time be agreed upon, in writing, between any employer and the secretary of the Union, and in default of such agreement within twenty-four hours after such workman shall have applied in writing to the Secretary of the Union stating his desire that such wage shall be agreed upon, such wage as shall be fixed by the Chairman of the Conciliation Board for the South-West Industrial District upon the application of such workman, after twenty-four hours’ notice in writing to the Secretary of the Union, who shall, if desired by him, be heard by such Chairman upon such application. Any workman whose wage shall have been so fixed may work for and be employed by any employer for such less wage for the period of six calendar months, and after the expiration of the said period of six calendar months, until fourteen days’ notice in writing shall have been given him by the

1903.

CoasTAL SaDDLERS’ UNION

Vv.

BEcHTEL AND

OTHERS.

ue

1903. Secretary of the Union requiring his wages to be fixed in the manner _— prescribed by this clause.

CoasTaL SADDLERS’ 5. The Court is of the opinion that it is not advisable to limit employ- Union ment to the day-work system only, and therefore makes no award upon this

%. point.

BECHTEL AND IN WITNESS WHEREOF this Award has been signed by the President of the Court, and the seal of the Court has been hereunto affixed this Twenty-ninth day of June, One thousand nine hundred and three.

S. H. PARKER, J.,

[SEAL.] | President.

13


Coastal Slaughtermen and Assistants’ Union of Workers

v.

Forrest, Emanuel, & Co.; Connor, Doherty, & Durack, Limited ;

Holmes Brothers & Company, Limited ; and S. W. Copley.

Industrial Dispute—Previously heard by the Board of Conciliation— Employers being dissatisfied with the Board’s recommendation cause the dispute to be referred to the Court—Question as to what constitutes a dispute arises — Award.

When circulars have been sent to the Employers stating that the Union

desires their presence at a conference to discuss claims made by the Union, copies of which claims have also been forwarded, and the Employers disregard the contents of the Circulars, and neglect or refuse to attend such conference, an Industrial Dispute exists.

Mr. J. L. Clarke for the Workers’ Union.

Mr. C. A. Hudson for the Employers.

The reference of this dispute had first been made to the Board

of Conciliation, whose recommendation, not meeting with the

approval of the Employers, the latter availed themselves of the provisions of Section 56 (1.), and in compliance therewith duly

referred the dispute to the Court. The claims made by the

Workers and the Board’s recommendation have been reported

previously (Vol. I., p. 155). Before the Court, the Workers reverted to their original claims, all of which were opposed by the Employers.

Evidence was adduced to show the hours, conditions of

employment, and wages prevailing in the industry within the Metropolitan area, and comparisons were made showing the

advantages and conveniences enjoyed by workers in the trade in

the Eastern States. Against which, on behalf of the Employers, it

was shown that although better appointments may have existed in the slaughteryards of Sydney and Melbourne, the men in Western

Australia were not required to perform their work at such high

pressure as the workers in the Eastern capitals, nor was it customary to employ men in this State on piecework, though the Masters claimed the right to resort to the piecework system should they so desire.

At the conclusion of the evidence, the point as to the existence of a dispute was raised, when Mr. Clarke applied for and obtained

leave to bring evidence in order to satisfy the Court on this point.

The Secretary of the Union was called, and he testified on oath to

the forwarding of circulars to the Masters requesting them to attend a conference in order to discuss with representatives of the Union certain claims made by that body for increased wages and

1903.

May 26, 27, 28, and

June 12.

1903.

CoasTAL

SLAUGHTER- MEN AND

ASSISTANTS’

UNION Vv.

ForRREST, EMANUEL,

& Co., AND OTHERS.

14

better working conditions (specified in the circulars) than those

theretofore prevailing in the trade. Mr. Holmes, the Manager of Holmes Brothers & Coy., Limited, one of the employers, had

admitted receiving one of these circulars, to which he had paid no heed ; in fact, all of the Employers had acted in a similar manner.

Mr. CuarKe thereupon contended that the existence of an

Industrial Dispute had been proved.

With this contention the Court concurred.

Mr. Hudson then contended that the dispute was of a trivial

nature ; that there should have been some genuine grievance, and

not simply a case of the Union making an impromptu demand

upon the Employers; further, that the evidence proved clearly that the men appeared to have been perfectly satisfied with the terms

and conditions of their employment, and had made no personal

complaint to their employers, but the Union had thought fit to

bring the matter on.

The Presipent: You must not forget that it is the Union,

and not the men personally, that makes these demands. We have

decided that there is a dispute. The men ask the Masters to meet them, and the Masters refuse. They were asked to attend a

meeting to discuss the question of wages, and upon their refusing

to attend, there was nothing left for the Union to do but to come

here.

The following are the terms of the Award which was issued by

the Court on the 12th day of June, 1903 :—

In THE Court oF ARBITRATION, WESTERN AUSTRALIA.

In the matter of the Industrial Conciliation and Arbitration Act, 1902, and in

the matter of an industrial dispute between the Coastal Slaughtermen and Assistants Union of Workers (hereinafter called “the Union”), and Forrest, Emanuel, & Co., and others (hereinafter called “ the Employers.” )

The Court of Arbitration of Western Australia (hereinafter

called ‘‘the Court”), having taken into consideration the matter of

the above-mentioned dispute, and having heard the Union and the

above-named Forrest, Emanuel, & Co., by their respective represen-

tatives duly appointed, and having heard the witnesses called by

and on behalf of the Union and by the said employers, and cross- examined by the parties respectively, doth hereby order and award

as follows :—That as between the Union und the members thereof

and the Employers and each of them the terms, provisions, and con-

ditions set out in the schedule hereto, and of this Award, shall be

binding upon the Union and the members thereof, and upon the

Employers and each of them; and the said terms shall be deemed to

be, and they are hereby incorporated in and declared to form part

of this Award: And further, the Union and the members thereof,

and the Employers and each of them shall respectively do, observe,

and perform every matter and thing by this Award, and by the said

terms, conditions, and provisions respectively required to be done,

15

observed, and performed, and shall not do anything in contraven-

tion of this Award, or of the said terms, conditions, and provisions,

but shall in all respects abide by, and observe, and perform the

same:

And the Court doth further order that this Award shall apply

to the industry of slaughtering, and shall operate and have effect

over an area comprised within a radius of 25 miles from the General

Post Office of Perth: And further, that this award shall take effect

from the fifteenth day of June, One thousand nine hundred and

three, and shall continue in force until the fifteenth day of Juner

One thousand nine hundred and four.

THE SCHEDULE HEREINBEFORE REFERRED TO.

1. That the hours of work for slaughtermen he forty-eight hours per week ; provided always, that not more than ten consecutive hours shall be

worked on any one occasion, except on payment of time and a-half for all in excess of ten hours.

2. That work commence during summer months when practicable, and during winter months at 8 a.m. Winter to be defined as from Ist May to the 30th September, both inclusive. The Court suggests that the Employers should, as far as possible, fix the time of commencing work for each summer month at the commencement of the month.

3. That the minimum wage for journeymen slaughtermen shall be three pounds five shillings per week; and for slaughtermen’s assistants, two pounds seven shillings and sixpence per week ; trolleym-n, beef carters driving two horses, three pounds per week; other carters, two pounds fifteen shillings per week.

4. That casual slaughtermen engaged by the day be paid twelve shillings per day of eight hours, and time and a-half for overtime.

5. That the hours of labour for slanghtermen’s assistants be fifty- three hours per week ; provided always, that not more than twelve consecutive hours shall be worked on any one occasion, except on payment of time and a-half for all time in excess of twelve hours.

6. That the hours for trolleymen and beef carters be sixty hours per week ; provided always, that not more than twelve consecutive hours shall be worked cn any one occasion, except on payment of time and a-half for all time in excess of twelve consecutive hours.

7. That all wages be dry pay.

8. That all appliances be found by the employer except knives and

steels.

9. That all work done on Eight Hours’ Day, Christmas Day, New Year’s Day, and Saturday be paid for at double time rates.

10. That wages be paid weekly at the place of employment.

ll. It appears unnecessary at the present time to deal with the question of piecework, as it does not prevail in the trade.

12. Any workman who considers himself not capable of earning the wage mentioned in paragraph 3 hereof, may be paid such less wage as may from time to time be agreed upon in writing between any employer and the Secretary of the Union, and in default of such agreement within twenty-four hours after such workman shall have applied in writing to the Secretary of the Union stating his desire that such wage shall be agreed upon, such wage as shall be fixed by the Chairman of the Conciliation Board for the South-West Industrial District, upon the application of such workman, after twenty-four hours’ notice in writing to the Secretary of the Union, who shall, if desired by him, be heard by such Chairman on such application. Any workman whose wage shall have been so fixed may work or and may be employe i by an employer for such less wage for the period

1903.

CoasTaL SLAUGHTER- MEN AND

ASBISTANTS’ Union

Vv.

Forrest, EMANUEL,

& Co,, AND OTHERS,

1903.

CoasTAL SLAUGHTER- MEN AND

ASSISTANTS’ UnIon

Vv.

ForREstT,

EMANUEL

& Co., AND OTHERS.

16

of six calendar months, and after the expiration of the said period of six calendar months, until fourteen days’ notice in writing shall have been given him by the Secretary of the Union requiring his wages to be fixed in the manner prescribed by this clause.

In WITNESS WHEREOF this Award has been signed by the Presi- dent of the Court, and the seal of the Court has been hereunto

affixed this twelfth day of June, One thousand nine hundred and

three.

(Sgd.) S. H. PARKER, J.,

President.

With regard to Clause 3 of the award, we wish to add that the

wages there set out for the beef carters and trolleymen driving two horses, £3 per week; other carters, £2 15s. per week; are fixed

for men who do the beef carting work and load and unload the

carts as well as drive them. These wages are not intended to apply to a boy who drives the cart only, after it is loaded, to its

destination and back again.

(Sgd.) S. H. PARKER, J., [SEAL | President.

[On the 22nd October, 1903, an application was made to the

Court in this dispute for an interpretation of the term ‘“ Slaughter-

men’s Assistant’ made use of in the award. The particulars of the

application and the Court’s decision thereon are set out subse-

quently at page 97. ]

17


Goldfields Operative Butchers’ Industrial Union of Workers of W.A.

v.

Butcher & Uhr, Limited; Moher & Smith; Joseph Warner;

Fuller, Naughten, & Co.; Allan & Northwood; William Bellis ; William Wilcox; William Gunter & Son; J. Quilty; J.

Seward; — Daniels; West & Curwood; William Black; R. Bates; J. Finn; D. Bantock; T. & H. Witte; A. Dick; J.

Underwood ; E. Hugo; Zowe & Daf; W. Hewett; E. Collins

&Co.; J. Bedford; J. Crossing ; J. Maloney, and — McGhee.

Industrial dispute— Workers’ Union being dissatisfied with the recommendation of the Board refer the matter to the Court—Strong case must be made out before the Court will vary the Board’s recommendation—Alleged dismissal of witness on account of his having given evidence before the Board adverse to the Employers’ interests—The majority of the Court not being satisfied that the evidence was sufficiently strong to warrant them in varying the Board’s recommendation, award that such recommendation be confirmed in its entirety.

Per Presipent: This matter having been before the local Conciliation

Board, a very strong case must be made out before I shall feel disposed to alter the recommendation of the Board composed of men living in the district.

The members of the Conciliation Board have sat and heard more evidence on this case than we have, and as they are better acquainted with the subject than I am, I do not see how J can interfere with their decision unless very strong grounds for such action are shown me.

This was an application to the Court, made on behalf of the

Workers’ Union, in which it was sought to set aside or vary the provisions of a recommendation made by the Board of Conciliation for the Eastern Industrial District on the 8th November, 1902. The particulars of the dispute and the claims and contentions of

the workers and employers have been reported previously, together with the full text of the Board’s Recommendation. (See report of proceedings before the Board, ante p. 1.)

Mr. Thomas Henry Bath for the Workers’ Union.

Mr. Charles Arthur Hudson for the Employers.

Mr. Bats opened the case for the Union on lines similar to

those put forward before the Board and previously reported.

The PgestpEnT: We are only asked to fix 2 minimum, and it

would be improper, therefore, to fix upon a high rate of wage.

Under the Act we are only authorised to fix a minimum wage, and

it does not seem to me that because some of the employers are paying a high rate of wages to their men that you should ask us to fix that as a minimum.

1903.

June 17.

1903.

GOLDFIELDS OPERATIVE BUTCHERS’ UNION

wv.

BuTcHER

& Uur, LIMITED,

AND OTHERS.

18 Mr. Bata: We do not ask that. The Court will see that our

demand is very moderate when the ruling rate is considered. I

shall call evidence to show that the hours of labour in this trade

are longer than in any other trade, and I shall prove that the carters and the shopmen are really in very responsible positions, acting, in point of fact, as the agents of their employers.

The Prestpent: This matter has already been before the local Conciliation Board—the local jury I may call it—and I may tell

you at once that you will have to make out a very strong case incleed before I shall feel disposed to alter the recommendation of the Board, composed of men living in the district, and upon which

you were represented. In the Slaughtermen’s dispute the other

day, I did not think the evidence warranted me in departing from the recommendation of the Board, and unless you can show me very good reasons in this case I shall not feel inclined to disturb it.

Mr. Batu: We desire the hours to be fixed at sixty per week, but that the hours worked each day should be continuous—a maximum of twelve hours, with one hour for breakfast and dinner.

lf we commence work at 4 a.m. we should cease at 4 p.m.,

and so on.

The Presrpent: You only work sixty actual working hours.

There seems to be little trouble about the hours of labour, but the

wages are in dispute.

Mr. Batu: Yes, with the exception of the casual man.

Evidence was then called on behalf of the workers, during

which one witness proceeded to make a statement charging his

former employer with having dismissed him on account of his having given evidence adverse to the employers’ interests at the previous hearing before the Board. .

Mr. Hupson objected to evidence on this point being given, on

the ground of its irrelevancy.

The Presipent: If the witness was dismissed on that account

it was decidedly improper on the part of the emplover, but the

Court is unable to take notice of it at the present stage.

The matter was then allowed to drop.

At the conclusion of the evidence for the workers, and after

consultation with the members of the Court, the President

delivered the following decision :—

In my view, Mr. Bath, vou have not produced evidence which satisfies me that I should interfere with the finding of the

Conciliation Bowrd. The view I take is this: A Conciliation Board is appointed for the district and is composed of men who

are well acquainted with the circumstances of the case and the

conditions of the district. These gentlemen have sat and have

heard more evidence on this case than we have, and as they are better acquainted with the subject than I am I do not see how I

19

could interfere with their decision unless very strong grounds for such an action had been shown me. In the Slaughtermen’s dispute, which we heard recently, the Court came to the conclusion that the decision of the Conciliation Board should not be disturbed. That is my opinion of this case. It is not the opinion of all the members

of the Court, but it is the opinion of the majority, and that being so, we do not think it necessary to call upon the other side to

answer the appellants’ case. The award of this Court will be that

the recommendation of the Conciliation Board be confirmed in its

entirety.

The award was re-cast by the Court and published in the

following terms :—

Court oF ARBITRATION, WESTERN AUSTRALIA.

In the matter of the Industrial Conciliation and Arbitration Act, 1902; and in

the matter of an Industrial dispute between the Goldfields Operative Butchers’ Industrial Union of Workers of Western Australia; and Butcher & Uhr, Limited; Moher & Smith; Joseph Warner ; Fuller, Naughten, & Co.; Allan & Northwood; William Bellis;

William Wilcoz; William Gunter & Son; J. Quilty; J. Seward;

— Daniels; West & Curwood; William Black; R. Bates; J.

Finn; J. Underwood; D. Bantock; T. & H. Witte; A. Dick; E. Hugo; Zowe & Daff; W. Hewitt; E. Collins & Co.; J. Bedford; J. Crossing; J. Maloney; and — McGhee, master butchers, of Kal- goorlie, Boulder City, Trafalgar, and Coolgardie (hereinafter called the “ Employers”); and inthe matter of cross citations lodged by Thomas G. Black; Boneham Brothers; Butcher & Uhr, Limited; Moher & Smith; George W. Allan; Thomas William Northwood ; Thomas Henry Witte; E. Hugo; Donald T. Bantock & Co.; Zowe & Daff; John Finn ; Fuller, Naughten, & Co.; W. Gunter & Son; John Seward; John Crossing ; and J. Warner (hereinafter called the “ Employers”); and the Goldfields Operative Butchers’ Industrial Union of Workers (hereinafter referred to as the “ Union”).

The Court of Arbitration of Western Australia (hereinafter called “the Court”), having taken into consideration the matter of the above tioned dispute, and having heard the Union and the

employers by their respective representatives duly appointed, and having heard the witnesses called and examined on behalf of the Union and cross-examined by the representative of the employers, doth hereby order and award as follows :—

That, as between the Union and the members thereof, and the

employers and each of them, the terms, conditions, and provisions set out in the schedule hereto, and of this award, shall be binding upon the Union and the members thereof, and upon the employers and each of them, and the said terms shall be deemed to be and

they are hereby incorporated in and declared to form part of this

Award; and, further, the Union and the members thereof, and the

employers and each of them, shall respectively do, observe, and

perform every matter and thing by this Award, and by the said terms, conditions, and provisions respectively required to be done, observed, and performed, and shall not do anything in contravention of this Award, or of the said terms, conditions, and provisions,

but shall in all respects abide by and observe and perform the same.

1903.

GOLDFIELDS OPERATIVE

Burcuers’ UNION

Vv.

ButcHER

& Uur, LIMIrTeEp,

AND OTHERS.

20

1903. And the Court doth further order that this Award shall apply

— to the industry of butchering, and shall operate and be binding GoLDFIELDS . . .y “1: Opgrative Upon all persons engaging or engaged in the said industry within Burcaers’ the boundaries of the townsites or districts of Kalgoorlie, Boulder

Unton City, Trafalgar, Kamballie, and Coolgardie, and shall be in force Burcuer for the term of eighteen calendar months from the 8th day of & Uur, November, 1902. LiMiTED,

AND OTHERS. THE SCHEDULE HEREINBEFORE REFERRED TO.

The hours of labour shall be sixty hours per week; such hours to be between the hours of 5 a.m. and 6 p.m. on week days, at the discretion of the employer, and on Saturdays from the hour of 5 a.m. until 10 p.m.

(2.) The minimum wages paid to shopmen and small goods hands shall be at the rate of four pounds five shillings per week; to cart hands at the rate of three pounds ten shillings per week; to casual hands, on week days other than Saturdays, at the rate of one pound per day, and on Saturdays one pound five shillings per day.

_ IN witness WHEREOF this Award has been signed by the

President of the Court and the Seal of the Court has been

hereto affixed this 29th day of June, 1903.

(Sgd.) S. H. PARKER, J., [SEAL. | President.

21

BOARD OF CONCILIATION.

EASTERN InpustriaL District.

The Eastern Goldfields Hotel and Restaurant Employees’ Union of 1903.

Workers — June, 5, 8, &

v. 23, S. F.C. Cook; A. J. Dwyer ; J. Morris ; T. E. Thomson ; P. Whelan;

W. Faahan; Mrs. Lenehan ; J. Durkin; Parer & Pareras; J.

Stevenson ; Hohn & Yoshino; G. Kentish; Mrs. Albany Bell;

J. M. Patterson ; P. Chenevil ; Mre. Kenane; Miss Berry; P.

Constantinou ; S. Epstein ; T. Powell ; A. Viscovitch ; Colomer

& Pareras; P. Corcoran; Ribas & Guardiola ; J. Foley; P. Conway ; H. Conrad ; Miss Cleary ; and D. Taboolas.

The members of the Workers’ Union, after fruitless negotiations had been carried on between them and the employers, with a view of obtaining the ratification of such employers to an Indus- trial Agreement embodying the claims made by the Union, on the 5th day of November, 1902, had the dispute referred to the Board of Conciliation, at Kalgoorlie, for settlement, when the following claims were made on behalf of the workers :—

1. The following scale of wages is to be in addition to all meals.

2. That the scale of wages set out in the following list shall be the minimum :—

(a.) Hotels and Restaurants (Male Employees): Chief

cook, £4 per week; second cook, £3; third and

other cooks, £2 10s.; pastrycook, £3 10s. ; kitchen-

man, sculleryman, pantryman, and yardmap,

£2 5s.; head waiter, £3; waiters, £2 10s.; tea waiters, £2 5s.; day porters, £2 10s.; night

porters, £3.

(b.) Oyster Rooms (Males): Chief cook, £3 10s. ; assist-

ant cook, £2 10s.; kitchenman, etc., £2 5s.; head

waiter, £3; waiters, £2 10s.; tea-servers, £2 5s.

(c.) Grill Rooms (Males): Grill Rooms same rate as

Oyster Rooms, with the exception that instead of £2 10s. for assistant cook, £3 is to be inserted.

(d.) Casual Work, per Day (Males): Chief cook, £1; second cook, l5s.; pastrycouk, 15s.; third and other cooks, 10s.; kitchenman, etc., 7s. 6d.;

waiters, 10s.; single meal waiter, 5s.

1903.

GOLDFIELDS

Hote. anp RESTAURANT

EMPLOYEES

Vv.

Cook AND OTHERS.

3.

4.

22

(e.) Midday Waiter, £1 1s. per week; two meals per day

waiter, £1 15s. per week.

(f.) Jobbing Work (Races, Balls, Banquets, etc.) (Males

per day): Chief cook, £1 10s.; second cook,

£1 5s.; third and other cooks, £1; head waiter,.

£1 10s.; waiters, £1.

(g.) Night Work: Waiters, from 8 p.m. till 1 a.m., £1; after 1 a.m. till 4a.m., £1 10s.

(h.) Hotel and {Restaurant (Female Employees): Chief

cook, £2 15s.; secend cook, £2 5s.; third or other

cooks, £1 17s. 6d.; kitchenmaid, etc., £1 15s.;

head waitress, £2; waitress, £1 15s.; tea-server,

£1 12s. 6d.; midday waitress, 15s. per week; two

meals per day, £1 7s. 6d. per week,

(i.) Casual Work (Female): Per day, chief cook, 15s. ; second cook, 10s.; third or other cook, 7s. 6d.; kitchenmaid, etc., 7s. 6d.; waitress, 7s. 6d.; single meal waitress, 4s.

(j.) Jobbing Work (Races, Balls, Banquets, etc.): Per

day, Chief cook, £1 5s.; second cook and others,

15s.; head waitress, £1; waitress, 15s.

Hours (Males), Hotel and Restaurant :

(a.) All kitchen-hands to work not more than nine hours per day, such work to he performed between the hours of 5 a.m. and 8°30 p.m.

(b.) All dining-room hands not more than nine hours per day, between the hours of 6 a.m. and 10 p.m.; day

porters, 11 hours per day, between 6 a.m. and 9 p.m.; night porters, 11 hours per night, from 9 p.m. till 8 a.m.

(c.) Oyster and Grill Rooms (Males): All hands to work

not more than nine hours per day, between 6 a.m. and 12 p.m.

(d.) Female Labour: Female hands to work not more than eight hours per day, between the same hours

as fixed for males in Subsections (a.), (b.,) and (c.)

(Section 3).

Overtime :

(a.) Any male employee working more than nine hours

per day, or any time before or after the hours as stated in Section 3, shall be paid overtime for same.

(b.) Any female employee working more than eight hours per day, or any time before or after the hours as

stated in Section 3, shall be paid overtime for same,

(c.) All overtime shall be paid for at double ordinary rates.

23

5. Wages shall be paid weekly, not later than 15 minutes after

the usual time for leaving off work. All hands to receive full pay immediately on discharge, and on each regular pay-day to receive

the full amount of wages and overtime pay due to them.

6. Aged or Infirm Workers.—Any worker who may consider

him (or her) self incapable of earning the minimum wage fixed for his

(or her) emplovment, through age or infirmity or any other satis-

factory cause, may be paid such less wage (if any) as shall from time to time be agreed upon, in writing, between such worker and

the Secretary of the Workers’ Union, or in default of such agree-

ment, and after 24 hours’ notice in writing by such worker to the Secretary of the Workers’ Union, as shall be fixed in writing by

the Chairman of the Conciliation Board for this Industrial District,

upon the application of the worker, and after 24 hours’ notice in

writing to the Secretary of the Workers’ Union, who shall, if he so

desire, be heard by such Chairman upon such application. Any worker whose wages have been so fixed may work and be employed by any employer for such less wages for the period of six calendar

months thereafter, and after the expiration of the said six calendar

months, until his (or her) wages shall be again fixed in the manner prescribed in this clause, after 14 days’ notice in writing has been

given to him (or her) by the Secretary of the Workers’ Union, requiring his (or her) wages to be again fixed under the provisions

of this clause. A duplicate copy of all permits issued under the provisions of this clause shall be immediately forwarded to the Secretary of all the other (if any) Workers’ Unions, parties to this

agreement.

7. Wages for Jobbing Work.—The wages for jobbing work

shall be paid either on the job or at the employer’s place of

business immediately on the completion of the job.

8. Records.—That all employers shall keep a reccrd of all

workers employed and rate of wages paid to each worker, same to

be open to inspection by any party to this agreement upon an order

issued by the President of the Court of Arbitration.

9. Holidays.—-Each constant worker shall receive at least

seven consecutive holidays per annum, such holidays to be paid at

full rate received by such worker. If the worker leaves after three months’ service, he or she shall receive quarter week’s pay in lieu

-of quarter week’s holiday on full pay. If after six months, half

week’s pay, and over nine months and under 12 months, three- quarter week’s pay. In addition to the foregoing, each worker working on Sundays shall be allowed every fourth Sunday off all

day.

10. Acts of Parliament.—That this agreement shall in no way

be taken to include any benefits or privileges derived under any Act of Parliament.

1903.

GOLDFIELDS

HoTEL AND

RESTAURANT

IeMPLOYEES

v. CooK AND

OTHERS.

1903.

GoLpDFIELDS Hove. anv

ResTaAuRANT EMPLOYEES

Vv.

Cook AND OTHERS.

24,

11. Workers.—The word “worker,” where used in this agree-

ment, shall mean and shall be deemed to include a cook, waiter, kitchenman, pantryman, sculleryman, yardman, porter, waitress,

kitchenmaid, scullerymaid, pantrymaid, and any assistant who may

be employed at any or all of the above-mentioned branches of the

trade.

12. Workers’ Union.—The words “ Workers’ Union,” where

used in this agreement, shall mean “The Eastern Goldfields Hotel

and Restaurant Employees’ Union of Workers.”

13. Preference of Labour.—No employer shall discriminate

between members of the Workers’ Union, and no employer shall, in the employment or dismissal of any worker, or in the conduct of

his business, do anything for the purpose of injuring the Workers’

Union, either directly or indirectly.

14, This recommendation shall be in force and shall operate for a period of two years from the date of the filing hereof.

The Board, after consideration, made the following Recom- mendation, which, in its preamble, discloses the principal points contested, and the trend of the evidence given :—

Berore THE Boarp oF CONCILIATION FOR THE Eastern INpvs- TRIAL District, WrEsTERN AUSTRALIA.

In the Matter of the Industrial Conciliation and Arbitration Act, 1902.

In the Matter of an Industrial Dispute between the Eastern Goldfields Hotel and Restaurant Employees’ Union of Workers, and S. F. C. Cook, and 28 other employers.

The Board having sat at Kalgoorlie on the 5th and 8th days of June, 1903, and having heard and considered the evidence of 19 witnesses, and the addresses of the respective parties, and after carefully considering all the circumstances adduced, we are forced to the conclusion that the current rates of wages, and working

hours are, on the whole, satisfactory to both parties to the dispute, in fact, there are so few differences between them that it can scarcely be said any dispute exists.

All the employees who gave evidence stated that they were satisfied with their present pay and working hours.

The aim of the applicants appears to be to have the existing conditions fixed, with some modifications, for a term of two years;

to obtain an annual holiday of seven consecutive days; to make provision for aged and infirm workers being allowed to work for less wages than the proposed mipimum rates; and to have a few other matters determined, such as payment for overtime, etc.

The evidence for the respondents was to the effect that additional expense would have to be incurred if the rates of pay and the holidays asked for were allowed, and that the present condition of trade did not justify increased expenditure. Exception was taken to a minimum wage, and to holidays for seven consecutive days each year.

25

After due consideration we have to submit the following recommendations on the items in the order in which they stand in the schedule.

Clause 1.—That the following scale of wages be in addition to meals.

Clause 2.—That the scale of wages set out in the following list shall be the minimum :—

(a.) Hotels and Restaurants (male employees): Chief cook, £4 per week; second cook, £3; third ahd other cooks, £2 10s.; pastrycooks, £3 10s.; kitchenmen, scullerymen, pantrymen, and yardmen, £2 5s.; head waiters, £3; waiters, £2 10s.; tea waiters, £2 5s.; day porters, £2 10s.; night porters, £3.

(b.) Oyster Rooms (males): Chief cook, £3 10s.; assistant cook, £2 s.; kitchenmen, etc., £2 5s.; head waiter, £3; waiters, £2

10s.; tea servers, £2 5s.

(c.) Grill Rooms (males) : Same rates as for oyster rooms, excepting that for the assistant cooks £3 be substituted fur £2 10s.

(d.) Casual Work (males): Rate of pay per day—Chief cook, £1; second cook, 15s.; pastrycook, 15s.; third and other cooks, 10s. ; kitchenmen, 7s. 6d.; waiters, 10s.; single meal waiters, 5s.

(e.) Mid-day waiter, £1 1s. per week; waiter attending two meals per day, £1 153. per week.

(f.) Jobbing Work (races, balls, banquets, etc.) (males): Chief cook, £1 5s. per day; second ‘cook, £1 per day; third and other cooks, 15s. per day; head waiters, £1 5s. per day; waiters, £1 per day.

(g.) Night Work: Waiters from 8 p.m. until 1 a.m., 15s.; if employed up to 4 a.m., £1 ds.

(h.) Hotel and Restaurant Employees (females): Chief cook, £2 15s. per week ; second cook, £2 5s.; third and other cooks, £1 17s. 6d.; kitchenmaids, etc., £1 15s.; head waitresses, £2; waitresses, £1 1l5s.; tea waitresses, £1 12s. 6d.; mid-day waitresses, 15s. per week; waitresses attending two meals per day, £1 7s. 6d. per week.

(i.) Casual Work (females): Chief cooks, 15s. per day; second cooks, 10s. per day; third and other cooks, 7s. 6d. per day; kitchenmen, etc., 7s. 6d.; waitresses, 7s. 6d.; waitresses attending one meal per day, 4s. per day

(j.) Jobbing work (races, balls, banquets, etc.): Chief cooks, £1 per day ; second cooks, 15s. per day; and others, 12s. 6d. per day; head waitress, 15s. per day; waitresses, 12s. 6d.

Clause 3.—Hours, hotels and restaurants (males) :

(a.) All kitchen hands to work not more than nine hours per day, and the work to be performed between the hours of 6 a.m. and 8 p.m.

(6.) All dining room hands to work not more than nine hours per day, the work to be performed between the hours of 6 a.m. and 1 a.m. of the following morning. Day porters to work 11 hours per day, between the hours of 6 a.m. and 9 p.m. Night porters to work 11 hours per day, between the hours of 9 p.m. and 8 a.m.

(c.) Oyster and grill rooms (males): All hands to work not more than nine hours per day, between the hours of 6 a.m. and 1 a.m. the following morning. .

(d.) Female Labour: Female hands to work not more than eight hours per day, between the same hours as are fixed for males in the preceding subsections (a.), (b.), and (c.).

Clause 4.—Overtime :

(a.) Any male employee working more than nine hours per day, or any time before or after the hours as stated in clause 3 (ante) shall be paid overtime for same.

1903,

GOLDFIELDS Horen anp RESTAURANT

EMPLOYEES

Vv.

Cook AND OTHERS.

1903.

GoLDFIELDS

Hote. aNnp

RESTAURAWT EMPLOYEES

Vv,

Cook AND OTHERS.

26

_(b.) Any female employee working more than eight hours per day, or any time before or after the hours as stated in clause 3 shall be paid overtime for same.

(c.) All overtime to be paid for at the rate of time and a-half.

Clause 5.—This clause to be omitted because unnecessary.

Clause 6.—Aged or infirm workers: Any worker who may consider himself or herself incapable of earning the minimum wage fixed for his or her employment, through age, infirmity, or any other satisfactory cause, may be paid such less wage (jf any) as shall, from time to time, be agreed upon in writing between such worker and the Chairman of the Conciliation Board of this district, upon the application of the worker in writing to the Secretary of the Workers’ Union, and to the prospective employer. The said Secretary shall, if he so desires, be heard by such Chairman upon such application. Any worker whose wages have been so fixed may work and be employed by any employer for such less wages for the period of six calendar months thereafter, and after the expiration of that period, and until his or her wages shall be again fixed in the manner prescribed in this clause, after 14 days’ notice in writing to him or her, and to the Secretary of the Workers’ Union requiring his or her wages to be again fixed under the provisions of this clause.

Clause 7.—That this clause be omitted.

Clause 8.—That a record be kept by all employers in accordance with the provisions of this clause.

Clause 9.—Holidays: That each constant worker shall receive at least seven consecutive holidays per annum, such holidays to be paid at full rate received by the worker. If the worker leaves after three months’ service, he or she shall receive a quarter week’s pay in lieu of quarter week’s holiday ou full pay; if after six months, half week’s pay, and over nine months and under twelve months, three quarter week’s pay. In addition to the foregoing each worker working on Sundays shall be allowed every fourth Sunday off all day.

Clause 10.—Workers: This clause to be omitted.

Clause 11.—This clause is unnecessary because the word “ worker,” as defined in the Act, includes all the workers mentioned in the clause.

Clause 12— Workers’ union: The words “ Workers’ Union” where used in the schedule shall mean “The Eastern Goldfields Hotel and Restaurant Employees’ Union of Workers.”

Clause 13.—Preference of Labour: This clause to be omitted. The provisions therein appear undesirable.

Clause 14.—-The foregoing recommendations to be in force and operation within a radius of twelve miles from the Kalgoorlie Post Office for a period of twelve months from the first day of August, 1903.

P. TROY,

Chairman Board of Conciliation for the

Eastern Industrial District.

Dated at Kalgoorlie, this 23rd day of June, 1903.

{This matter was subsequently referred to the Court by the employers, and the Award issued considerably altered the conditions of employment and rates of pay.—See p. 84 et seq.]

BOARD OF CONCILIATION.

Sourg-West InpustrRiaL District.

West Australian Machine Printers and Stereotypers’ Industrial

Union of Workers

v.

Master Printers’ Union of Employers of Western Australia ; Messrs. Geyer & Raymond, Heller, Chisholm, and Elford.

In this dispute the Workers’ Union made application to the

Board for the issue of a recommendation in the terms of its claim,

which was as follows :—

1. The Recommendation to have a currency of three years.

2. The Award to be limited in its operation to an area comprised within a radius of 14 miles from the General Post Office, . Perth.

3. Forty-eight hours to constitute a week’s work.

4. The minimum rate of pay for journeymen to be £3 per week.

5. Overtime rates to be time and a-quarter for the first three hours after knock-off time for the first six days of the week, and time and a-half after that. Double time to be paid on Sunday, Hight Hours’ Day, Christmas Day, and Good Friday.

6. Every boy coming on after the date of this Award to be legally indentured to his employer for a term of not less than six years.

7. The proportion of apprentices or boys to be one to every six journeymen or fraction of six. Only legally indentured apprentices or journeymen to be allowed to make ready on or have charge of machines.

8. A similar provision to that in the Carpenters’ Award to be made for incompetent workmen.

9. Preference of employment to be given to Union men when available ; the Secretary or officer appointed by the Union to be in attendance at the same time and place every day for the purpose of supplying employers with suitable workers.

10. All books relating to the payment of wages to be open to inspection by the Secretary of the Union of Workers, on an order signed by the Chairman of the Conciliation Board or President of the Court of Arbitration.

At the hearing, however, the representative of the Workers’ Union applied for and obtained permission to amend Clauses 6 and 9

1903.

W.A. MacHINE

PRINTERS vy,

MastTER

PRINTERS.

28

of the claim, the following clause being substituted for Clause 6

namely :—

“All boys working at making ready or in charge of

machines or learning same shall be legally indentured to the employer for not less than six years. The proportion of such apprentices shall not be more than one to every six competent workmen, or fraction thereof. The term apprentice shall not apply to feed boys. Provided that no journeyman shall be required to make ready on or have charge of more than one machine.”

Clause 9 was amended by inserting at the beginning thereof the following words, namely :—

« An employer shall not discriminate against members of the Union.” The remainder of the clause to remain as printed.

Clauses 2, 3, 4, and 8 were agreed to by the employers, the

remaining clauses being contested.

On the 24th June, 1903, the following recommendation was

issued by the Board :—

Under the Industrial Conciliation and Arbitration Act, 1902.

BEroreE THE Boarp or ConcILIATION FOR THE SoutH-WEST INpDuUsTRIAL District.

In the matter of an industrial dispute between the W.A. Machine Printers and Stereotypers’ Industrial Union and the Master Printers’ Union, and others.

The parties were represented.

The Board having taken evidence, heard argument, and carefully considered the particulars of the dispute, doth hereby

recommend that the dispute be settled on the following conditions :— °

1. That forty-eight hours shall constitute a week’s work.

2. That the minimum rate of pay for all journeymen shall be

£3 per week.

3. Overtime shall consist of the time worked outside the

recognised hours that go towards making up the 48 hours, and to

be paid for at the rate of time and a-quarter up to the hour of 10

p-m., time and a-half from 10 to 12 p.m., double time from mid-

night to 8 am. On Sunday, Good Friday, Eight Hours’ Day,

Christmas Day, New Year's Day, labour to be paid for at double

rate. Lost time, whether through scarcity of work, sickness, permission, or recognised holidays, cannot be made a set off to any

legitimate charge for overtime.

4, Any workman who considers himself not capable of earn-

ing the minimum wage may be paid such less sum (if any) as shall

29

from time to time be agreed upon, in writing, between the employer

and the Chairman or Secretary of the Union, and in default of such agreement as shall be fixed in writing by the Chairman of the Conciliation Board for the South-West Industrial District, upon the application of the workman after twenty-four hours’ notice to

the Secretary «f the Union, who shall, if so desired by him, be

heard by such Chairman upon such application.

5. All boys working in the trade shall be legally indentured

as apprentices for the term of five years, but every boy so employed shall be allowed three calendar months’ probation prior to being so

indentured. The proportion of apprentices to journeymen employed by any employer shall not exceed one apprentice to every three

journeymen or fraction of three.

For the purpose of determining the proportion of apprentices to journeymen in taking any new apprentice, the calculation shall be based on a two-thirds full-time emplovment of the journeymen emploved during the previous six calendar months.

The wages to be paid to apprentices shall be as follows :—-

For the first vear, 8s. 6d. per week; for the second year, 12s. per week ; for the third year, 15s. per week; for the fourth year, 20s.

per week ; and for the fifth year, 25s. per week.

Provided always that all boys now engaged in the trade shall

reinain under the conditions of employment existing prior to this

recommendation.

Nothing contained in this recommendation shall prohibit

employers from engaging boys as feed boys only.

6. No employer shall discriminate against Union men, and

Union and non-union men to work in harmony.

7. The operation of this recommendation shall be limited to a

radius of 14 miles from the General Post Office, Perth.

8. This recommendation shall have a currency of twelve

months from the 25th day of July, 1903.

Given under my hand this 24th day of June, 1908, at Perth.

(Sed.) J. TALBOT HOBBS,

Chairman.

1903.

W.A. MAcHINE

PRINTERS

Vv.

MASTER

PRINTERS.

1903.

June 4, 5, 10, 12, and 29.


The Workers’ Industrial Union of Carpenters and Joiners, Perth, W.A.; the Fremantle No. 788 Amalgamated Society of Carpenters and Joiners’ Industrial Union of Workers

v. The Builders, Contractors, and Joinery Works Industrial Union of

Employers.

Industrial Dispute, Carpentry trade—Previous Award having expired, parties being unable to arrange an Industrial Agreement, resort to the Court — Union’s claims—Application to join Cabinetmakers’ Union as a party refused —Employers’ counter proposals and contentions—Representatives have not the right to inspect all documents submitted to the Court as evidence—Pending the consideration of an application for a permit an incompetent worker may work for the rate of wage for which the permit is requested—Award—Remarks of Members of the Court on minimum wage, apprenticeship, piecework, etc,

The Presipent: I think it is desirable that the Representatives should

have an opportunity of examining all documents put in evidence, but under Subsection 3 of Section 75 it is quite competent for the Court to inspect a document, und not allow anyone else to see it.

If a Union were to charge an employer with a breach of an Award for employing a man at a less rate than the minimum during the pendency of an application for a permit under the incompetent workers’ clause, I should think it a very good answer for the employer to say that these negotiations were in progress.

Under Section 89 the Court is to fix what is the least rate of wage that shall be paid to the worker in the particular trade, possessing the least skill and experience.

The Act does not prohibit the workman engaging with the employer to work for him by piccework According to Common Law, a man has a right to contract as he likes, and when a man has a Common Law right such as that, it is obvious that it requires very express legislation to deprive him of that right. I think if the Legislature desired to do away with what is known as piecework, that is, the right of the individual to contract for the sale of his labour, it should have been done by express enactment.

On the 16th April, 1902, an Award had been issued by the

Court in the carpentry trade, having application to an area comprised within a radius of 14 miles from the General Post Office, Perth. This Award (particulars of which are reported in Vol. I, page 13) expired on the 18th April, 1903.

Au application was lodged on behalf of the Workers’ Industrial

Union of Carpenters and Joiners, Perth, W.A., on the 16th April,

1903, from which it appeared that this Union had endeavoured, but without success, to obtain the concurrence of the Masters’ Union to

2 proposed industrial agreement in the terms of the proposals made by the Union to the Court for the settlement of this dispute,

namely :—

Prorosa.s To FoRM BAsIs OF AGREEMENT OR AWARD AS PUT FORWABD BY THE INDUSTRIAL UNION OF CARPENTERS AND JOINERS.

1. That 48 hours constitute a week’s work.

2. That the minimum rate of pay be 1s. Gd. per hour; that time and a quarter be paid for the first two hours after the usual knocking-off time; time

3l

and a-half for the next five hours; double time thence to starting time next morning, and on Sundays, New Year’s Day, Good Friday, Eight Hours’

Day, and Christmas Day.

3. That wages be paid weekly.

4, That no deductions be made from wages.

5 .That piecework be abolished, and carpenters and joiners employed by the hour.

6. That two hours’ pay, or time equivalent, be allowed for the reinstatc- ment of tools, upon the employer having no further immediate use for the worker’s services; the employer to provide grindstone and saw clamps. This clause to operate after two weeks’ employment. After one week, one hour or amount equivalent to be allowed.

7. Any worker who considers himself not capable of earning the minimum wage may be paid such lesser sum (if any) as shall, from time to time, be agreed upon in writing between the said worker and the Secretary of the Workers’ Union, and in default of such agreement as shall be fixed in writing by the Chairman of the Conciliation Board for the South- West Industrial District, such Chairman shall give at least twenty-four hours’ notice of hearing of the appeal to the Secretary of the Workers’ Union, who shall be heard in opposition to the application, if he sodesires. Provided also, that an employer shall not employ more than one such workman to every six competent workmen, or fraction of the first six in his employ.

8. Every employer employing five workers in the industry shall] indenture to the carpentry and joinery industry one apprentice for every such five workers in his employ, for a period of five years. Provided also, that on the expiry of the third year of the said apprenticeship the employer shall have the option of indenturing one other apprentice.

9. Union and non-union men to work in harmony, and to receive equal pay for equal work, and employers not to discriminate against unionists.

We further desire that an interpretation clause should form part of the Award, and we ask for the following :—

“For the purposes of this Award, the industry of carpentry and joinery shall be deemed to include all work in square or other saw cut timber, wrought or unwrought, used in connecticn with the construction of, or the interior or exterior finishing of buildings or structures, and shall] include the manufacture and fixing of shop, hotel, bank, and office fittings, railway cars, and wagons in wood of every description, but shall not include workers being operatives of wood working machines, or workers engaged in the manufacture of domestic furniture,

lathers, or workers engaged in the ship, boat, carriage, and wagon building industries.”

On the 12th May, 1903, a reference was lodged on behalf of the

Fremantle No. 788 Amalgamated Society of Carpenters and Joiners’ Industrial Union of Workers, in which the following claims were made :—

1. That forty-four (44) hours constitute a week’s work.

2. That the minimum rate of pay be one shilling and seven

pence half-penny (1s. 74d.) per hour.

3. That overtime after 5 p.m. ou first five days and after noon on Saturday be paid for at the rate of time and a quarter (1}) up to 8 p.m.; time and a-half after; and double time after midnight,

and on Sundays, New Year’s Day, Good Friday, Eight Hours’ Day, and Christmas Day.

4. That wages be paid weekly.

5. That no deductions be made from wages.

1903.

CARPENTERS’ UnNIoNs

Vv.

BUILDERS

AND Con- TRACTORS.

1903.

CARPENTERS’ UNIONS

Vv.

BUILDERS

AND Con-

TRACTORS.

32

6. That piece-work be abolished, and carpenters and joiners be emploved on the day-work system.

7. That two (2) hours’ pay be allowed for re-instatement of tools on the discharge of men after they have been employed continuously for two (2) weeks.

8. Any workman who considers himself not capable of earning the minimum wage may be paid such less sum (if any) as shall from time to time be agreed upon, in writing, between the employer

and the Chairman or Secretary of the Fremantle No. 788 .Amalga-

mated Society of Carpenters and Joiners’ Industrial Union of Workers, and in default of such agreement as shall be fixed in writing by the Chairman of the Conciliation Board for the South- Western Industrial District, upon the application of the workman

after twenty-four (24) hours’ notice to the Secretary of the Union,

who shall, if so desired by him, be heard by such Chairman upon

such application.

Owing to pressure of business the case was not reached until the 4th day of June, 1908. At the hearing Mr. Charles Kirkwood,

the appointed agent of the Perth No. 798 Amalgamated Society of

Carpenters and Joiners, applied under Section 100 for his Union to be

joined as a party in this dispute. The application was granted.

Mr. W. Diver appeared for the Workers’ Industrial Union of Carpenters and Joiners, Perth, W.A.

Mr. Walter Chambers, for the Fremantle No. 788 Amalgamated Society of Carpenters and Joiners.

By consent of the Carpenters’ Unions it was agreed that Mr.

Diver should conduct the dispute on behalf of the workers. An

application was made on behalf of the Industrial Carpenters’ (Workers) Union for leave to amend clause 2 of its application by

striking out the claim for payment of a minimum wage of Is. 6d. per hour, and substituting therefor 1s. 73d. per hour (the claim made by the Amalgamated No. 788 Society). The amendment was allowed.

The employers agreed to clauses 1 and 3 of the claims put

forward on behalf of the Workers’ Industrial Union of Carpenters, but opposed the balance of the demands made.

On the 10th July, during the progress of the case, Mr. Connolly, the agent for the Cabinetmakers’ Union of Workers, made application to the Court to have his Union joined as a party under Section 100. In making the application he relicd upon the dictum of the late President of the Court (Mr. Justice Moorhead), who had stated it was undesirable and almost impossible to separate these two industries. The members of the Cabinetmakers’ Union were frequently engaged on joinery work.

Mr. J. Puarr (on behalf of the Masters’ Union) objected to the application on the grounds that it was decided cabinetmakiug was w separate industry; that the Union of Employers should have

33

received notice of the application, and that the dispute (if any 1903. existed) should be brought before the Court in the manner pre- Carpuwrers’ scribed by the Act and Regulations. Further, that cabinetmaking “Wetone was almost exclusively a competing trade, and the industry could v

. BUILDERS not afford to pay the rate of wages asked for. AND CON-

The Prestpent: I should like to see as many as possible TRAcToRs.

cited at the same time, so that we could deal with them at once,

but I think that in this case the Furniture Manufacturers’ Union of

employers should be cited before the Court. We think that we ought not to allow the application at this stage for the cabinetmakers to be joined in this dispute.

Evidence having been concluded on behalf of the Workers’

Unions, the following counter proposals for the settlement of the

dispute, together with the reasons for the same, were submitted to the Court on behalf of the Employers’ Union, whose case was conducted with a view of having these counter proposals adopted by

the Court in its Award :—

Clause 48.—A week’s work: Proposed that this clause be agreed to as the recognised custom, which employers have never

sought to alter.

Re Clause 2.—Minimum wage: That this clause be disagreed with, and should the Court decide to fix a minimum wage the Employers urge that it should not exceed Is. 3d. per hour for workmen over the age of 21 vears, for the following reasons :—-

(a.) If the minimum wage be fixed at 10s. per day it will give employers a chance to grade their men.

(b.) Many men are slow and aged, and are unable to earn

more than 10s. per day.

(c.) If the minimum is made higher than Is. 8d. a much lower rate may have to be paid to the best men

than otherwise would be done.

(d.) A much lower rate is paid in the Eastern States.

(e.) The increased rate of wages must prevent the investment of capital, and inflate rents.

(f.) Owing to the receding tariff, the cost of living is gradually being reduced.

(g.) The employer has to bear the whole cost of insuring his workmen against accident.

(h.) The minimum wage paid to carpenters in this State has been as low as 8s. per day.

Clause 24.—Re overtime: That workers’ demand be disagreed with, and the following proposals submitted, viz. :—

That overtime after 5 p.m. on the first five days and after noon on Saturdays be paid for at the rate of time and a-quarter up to 10 o’clock p.m., and time and a-half after up to 12 o’clock, and

double after midnight and on Sundays, New Year’s Day, Good Friday, Eight Hours’ Day, and Christmas Day. Provided that,

1903.

CARPENTERS’ UNIONS

Vv.

BUILDERS

AND Con-

TRACTORS.

34:

where two shifts of eight hours are worked no overtime rates shall be paid.

The employers consider that the foregoing proposals, which are the usual customs, are fair and adequate, and that men working at

overtime rates cannot do more work for the extra money.

Clause 3.—-Re wages paid weekly: That this clause be agreed

to.

Clause 4.—No deductions from wages: That this clause be struck out as unnecessary and unprecedented in any Award of the

Court, and already fully provided for by provisions of the Truck Act.

Clause 5.--That piece-work be abolished: That this clause be struck out, for following reasons :—

Piece-work has been allowed in every award of the Court to date. If piece-work be abolished the Workers’ Union could

completely control the pace of the men and the output of a joinery works.

Many men prefer piece-work.

Piece-work is fair to the fast and slow man.

Piece-work is absolutely essential in some of the joinery shops in order to cope with the trade.

Clause 6.—“ Repairing tools”’: That this clause be agreed to.

Clause 7.—‘“Issue of permits”: That this clause be struck out,

and the following substituted :--

Any workman who considers himself incompetent to earn the minimum wage fixed by the Court may work for such less wage as

shall be agreed upon, in writing, between the workman and his

emplover, provided that the workman shall notify the Secretary of

the Workers’ Union of his intention to do so, who, if he desires, may

appeal to the Chairman of the Conciliation Board for the South-

West district within seven days’ after receipt of such notice ; the decision of the Chairman shall be final and binding for the term of

any then existing award, and all parties shall be entitled to be heard

in such appeals.

This clause is demanded—

1. Because the Workers’ Union should not have so much

control over the incompetent workmen ;

2. Because the workman and his employer are the best judges

of a workman’s ability, whereas the Secretary may never have seen

the man at work, and knows nothing of his capability ;

3. Many workmen are ignorant of the right of appeal, and

also the method of doing it ;

4. The onus of appealing should be placed on the Secretary

of the Union;

5. This proposal is fair to the Unionist and non-unionist.

35

Re Clause 8.—“< Compulsory Indenturing”’: That this clause be struck out, for the following reasons, as impracticable :—

1. Such a proposal is unprecedented in the building trade of Australia. .

2. That both boys and parents are strongly opposed to inden-

tures owing chiefly to the unsettled nature of their domestic circumstances.

3. That the system should be optional and voluntary, as in the past; and if made compulsory, employers would not take a boy

at all.

4. Anemployer cannot judge of a boy’s aptitude to learn a trade without a trial of many months.

5. If the clause were agreed to by the Court. it would cut off the only available training school the boys have.

6. It is unreasonable to restrict the opportunity for boys to obtain employment.

Clause 9.—Unionist and non-unionist: That this clause be

objected to, and all the words after the word “work,” in line 2,

be struck out.

Employers never have made any discrimination against

unionists, and consider that if they are called upon not to discriminate

then unionists should be bound not to obstruct or molest non- unionists.

Clause 10.—Interpretation: That the clause be agreed to. This union considers that railway cars and waggons should be struck out, and that the word ‘“mantelpieces”? should — be inserted after the words “domestic furniture” in the worker's

demands.

During the examination of witnesses for the Employers’ Union,

Mr. Paul Munster, the Manager for Coombe, Wood, and Company, Ltd., having been called as a witness, produced certain balance-

sheets showing the financial position of the Company fer the

previous year, by which it appeared that no dividend had been declared during that time. He informed the Court that in order to-

thoroughly comprehend the balance-sheets it might be desirable for the Court to have the items explained from the Company's books, and by certain information which he could give; that he was pre-

pared to explain same to the members of the Court, but he objected

to doing so in publie or before outside parties, because such a course

would inake public certain information the disclosure of which would be opposed to the interests of the company. Mr. Diver thereupon claimed the right of examining all documents put in to the Court as evidence with a view to cross-esamining upon them, and, if necessary, commenting upon them in his summing up.

The Presipent: I think it is desirable myself, but I do not know that you have the right to do so. Subsection 3 of Section 75-

1903.

CARPENTERS’ UNION

v. BuILDERS

AND Con- TRACTORS.

1903.

CARPENTERS’ UNIons

Vv.

BuILpERS

AND Con-

TRACTORS.

36

says that ‘all documents produced before the Court may be inspected by the Court and such parties as the Court allows.” So

you see it is quite competent for the Court to inspect the document and not allow anyone else to see it.

The balance-sheet was ultimately allowed to go in without the explanation offered, as it showed on its face that no dividend had

been paid.

On the question of the incompetent workmen’s permit clause,

the Court having decided to follow the wording of the clause it had

inserted in the Award previously delivered in the Slaughtermen’s

dispute, Mr. Phair raised the point as to whether the incompetent

worker could, during the interim which must elapse for the obtaining of the permit, legally work for the amount of wages mutually

agreed upon between himself and the employer and specified in his

application for the permit.

The Prestpent: I should think that he undoubtedly could, I think that if a Union were to charge an employer with a breach

of the Award in employing a man under these circumstances it would be a very good answer for the employer to say that these negotiations were going on. If any such complaint were brought

before the Court while I was President I should think it a very good answer for the emplover to say that these negotiations were in progress.

Mr. Losstein: I don’t think you need have any doubt on that score.

On the 29th day of June, 1903, the Court delivered the follow-

ing Award :—

In THE Court oF ARBITRATION OF WESTERN AUSTRALIA.

In the matter of “ The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an Industrial Dispute between the Industrial Union of

Carpenters and Joiners, Perth, Western Australia; the No.788 Fremantle

Amalgamated Society of Carpenters and Joiners, and the Perth No. 798 Amalgamated Society of Carpenters and Joiners (hereinafter called “the

Unions”), and the Builders, Contractors, and Joinery Works’ Industrial Union of Employers (hereinafter called “the Employers”).

The Court of Arbitration of Western Australia (hereinafter called “the Court’) having taken into consideration the matter of the above-mentioned dispute, and having heard the Unions and the Employers by their respective representatives duly appointed, and having heard the witnesses called and examined on behalf of the Unions and of the employers and cross-examined by the parties respectively, doth hereby order and award as follows:—That as between the Unions and the members thereof, and the employers and each of them, the terms. provisions, and conditions set out in

the schedule hereto and of this Award shall be binding upon the Union and the members thereof, and upon the employers and each of them, and the said terms shall be deemed to be and they are hereby incorporated in and declared to form part of this Award ; and further, the Unions and the members thereof, and the employers

3”

and each of them, shall respectively do, observe, and perform every Carpenters’

matter and thing by this Award, and by the said terms, conditions, | UNtons}

and provisions respectively required to be done, observed, and _ per- BUILDERS formed, and shall not do anything in contravention of this Award, anv Con-

or of the said terms, conditions, and provisions, but shall in all TRA4CTORS- respects abide by and observe and perform the same: And the Court doth further order that this Award shall apply to the industry of Carpentering and Joinery, and that it be limited in its operations to an area comprised within a radius of fourteen miles from the General Post Office in the City of Perth; and further, that this Ara shall continue in force until the twenty-ninth dav of Decem-

r, One thousand nine hundred and three.



2. The minimum rate of pay shall be Is. 3$d. per hour. Time and a-quarter shall be paid for the first two hours work after the usual knocking- off time; time and a-half for the next five hours; double time thence to starting time next morning, and also on Sundays, New Year's Day, Good Friday, Eight Hours’ Day, and Christmas Day.

3. Wages shall be paid weekly.

4. No deductions shall be made from wages.

5. Two hours’ pay, or time equivalent, shall be allowed for the reinstatement of tools upon the employer having no further immediate use for the workers’ services—employers to provide the grindstone and saw clamps.

The foregoing provision shall operate only after two weeks’ employment shall have been performed. After one week’s employment only shall have been performed, one hour’s pay, or time equivalent, shall be allowed for this purpose.

6. Any workman who considers himself not capable of earning the wage mentioned in paragraph 2 hereof may be paid such less wage as may from time to time be agreed upon in writing between any employer and the secretary of the Union, and in default of such agreement within 24 hours after such workman shall have applied in writing to the secretary of the Union stating his desire that such wage shall be agreed upon, such wage as shall be fixed by the Chairman of the Conciliation Board for the South- West Industrial District upon the application of such workman after 24 hours’ notice in writing to the secretary of the Union. who shall, if desired by him, be heard by such Chairman upon such application. Any workman whose wage shall have been so fixed may work and may be employed by an employer for such less wage for the period of six calendar months, and after the expiration of this said period of six calendar months. until 14 days’ notice in writing shall have been given him by the secretary of the Union requiring his wages to be fixed in the manner prescribed by this clause.

Provided always, that the employer shall not employ more than one such workman of the age of nineteen years and upwards to every four fully paid workmen or fraction of the first four in his employ.

9. Noemployer in the engagement or dismissal of his workmen shall discriminate against members of the Unions, or in the conduct of his business shall do anything with a view of directly or indirectly injuring the Unions.

10, The Court deems it inadvisable to abolish piecework or make apprenticeship compulsory.

For the purpose of this Award the Industry of Carpentry and Joinery shall be deemed to include all work in square or other saw-cut timber, wrought or unwrought, used in connection with the construction of or the interior or exterior finishing of buildings or structures, and shall include the: manufacture and fixing of shop, hotel, bank, and office fittings, railway cars and waggous in wood of every description, but shall not include workers being operatives of wood-working machines or workers engaged in the

1903.

‘CARPENTERS UNIONS

v.

BuILDERS

AND Con- “TRACTORS.

40

industry for which it makes an award. Now, Section 74 says that

“ the Court shall have full and exclusive jurisdiction to determine

all matters in such manner in all respects as in equity and good conscience it thinks fit.” T take that to mean that in addition to

the evidence placed before me I should endeavour to forecast the

result of every award and not do anything which, while it may

benefit the few, may injure the many. My experience in both

Eastern and Western Australia has taught me that the wider the

distribution of the natural wealth of the State within the State, the

more prosperous that State will be; and in dealing with matters

before this Court I have endeavoured to keep in view three things : What. is best in the interests of the workers; what is best in the

interests of the employers; and, looking bevond either workers or emplovers, what is best in the interests of the State. I think it is

in the best interests of the State that the workers, who comprise the great majority of the population, should receive a wage which will enable them to keep pace with our advancing civilisation, marry, educate, and train up their children to be useful citizens,

and provide for their old age.

In the Saddlers’ dispute the Court has fixed the wages at 50s.

per week. The employers have stated that they canuot compete

with the manufacturers in the East. The chief manufacturing centres in the East are Sydney and Melbourne, in both places the

wages are fixed by Statute at 48s. per week. Then they (the manufacturers here) have the benefit of the sliding scale 16 per

cent., with freight, insurance and landing charges 20 per cent.. making a total protection of 36 per cent., and, if with these advantages they cannot compete, it is time they properly learnt their business. The Court has increased the wages 4} per cent. on the rates paid in the East. Ido not consider 50s. a week a fair wage for a skilled trade.

In the Carpentering and Joinery dispute the Court has fixed

the wage at 1s. 33d. per hour, or 10s. 6d. a day. This is a reduction of 1s. per day on an Award of the Court made on the 16th April, 1902. No evidence has been placed before the Court to show

that that Award has been detrimental to the interests of the trade of the State; on the contrary, the evidence shows that the trade has been better, and employed more men than ever before, clearly pointing to the fact that the settled condition under which the trade was working has conduced to the welfare of all parties. This drastic reduction in the wages will not lead to more buildings being erected ; the effect can only be a feeling of uncertainty in what has generally been looked upon as settled conditions, and consequently a stoppage of buildings and trade expansion, owing to the decreased spending power of the people. I do not agree with the reduction.

In the Norseman Mining Award the Court has fixed the wages at the rates ruling in Kalgoorlie. The companies stated that they could not afford to pay the rate, yet the only company that would

41

have been affected by an increase has paid £88,000 in dividends on a paid-up capital of £14,625. I think the men were entitled to an increase on the Kalgoorlie rates.

Now, while I do not agree with the President and Mr. Moxon in the rates of wages fixed in these Awards, I acknowledge that thev

are strictly within their rights in the view they have taken, and I

say to the workers that, although the Awards of the Court are against them, I know they will loyally obey them.

There is another matter, however, upon which I disagree with

the other members of the Court, and in which I do not think they

have acted within their rights, that is, allowing unregulated piece-

work, or freedom of contract. The workers asked for its abolition

and pointed out some of the evils it leads to. The employers asked

for it, and their great argument was that the best workers preferred

it, but they only produced one man out of 550 at the trade who desired unregulated piece-work. It is strange that the employers

should suddenly become the advocates of the interests of the workers in this respect. However, the opinions of the employers

earried more weight than those of the workers, and their request

was granted. Now, the evils of unregulated piece-work are well-

known all over the world; in every instance, unless checked by a

strong militant trades union, it has lead to sweating. Fortunately

this State has not experienced that evil to any great extent, but I

cannot agree with the other members of the Court, that we should

have practical experience of an evil before we attempt to stop it. I

hold that any system which has been proved in other places to be detrimental to the interests of the people should, if possible, be

prevented from arising here. I have a further objection to the Award of the Court on this question. In my opinion it is the duty of the Court, when it allows piece-work, to specify in the Award all

the terms and conditions under which the work shall be executed,

and the remuneration to be paid for each article, or part thereof.

Section 89 says “That the Court in its award may prescribe a minimum rate of wages or other remuneration, with special pro-

visions for a lower rate being fixed in the case of any worker who

is unable to earn the prescribed minimum.” Now, as I read the

‘section, ‘‘ other remuneration’ means some other system of payment .a8 distinguished from the minimum wage ; then, reading the Inter-

pretation, see clause 2 (a) and (b), which reads: (a) ‘‘ The wages,

allowances, or remuneration of workers employed in any industrv, or the prices paid or to be paid therein in respect of such employment,” and (b) “‘ The hours of employment, sex, age, qualification,

or status of workers, and the mode, terms, and conditions of

employment ;” then turning to Section 84 (which defines how an

award shall be drawn up), Subsection 2, which reads “ The Award

‘shall also state in clear terms what is or is not to be done by each party on whom the Award is binding, or by the workers affected by the Award, and may provide for an alternative course to be taken

1903.

CARPENTERS’ UNIons

vy. BUILDERS

AND Con-

TRACTORS.

1903.

CARPENTERS’

UNIONS v.

BuILDERS

AND Con-

TRACTORS.

42

by any party. In no case shall the Court have power to fix any age for the commencement or termination of apprenticeship.”

From these sections it is clear to me that we must define every- thing that is to be done or not to be done in an award. Then in

the interpretation of an industrial dispute—“ Industrial Dispute”

means “any dispute arising between one or more employers or

industrial unions or associations of employers and one or more industria] unions or associations of workers in relation to industrial

matters.” The individual worker cannot be recognised. Section 23 defines who may be parties to industrial agreements: ‘“ Section

23 (1.) The parties to industrial agreements may be (a) industrial

unions, (b) industrial associations, or (¢) employers. Any such

agreement may provide for any matter or thing affecting any industrial matter, or in relation thereto, or for the prevention or

settlement of an industrial dispute ’—we find the same thing, the

non-recognition of the individual worker. The Act has clearly

detined that ouly Workers’ Unions on the one part can be parties to any industrial agreement. Now in these Awards the Court had

ordered that a certain rate of wage shall be paid, but by not either

prohibiting or regulating piece-work it says to the individual worker, “‘ Never mind our Award, you can ake a private industrial

agreement.” If these Awards are in accordance with the Act, is

not the whole thing a huge farce? What is the use of three men sitting here wasting the time of the parties, and the money of the

country, when our Awards can be set at nought at the will of the

parties. In this matter I am well aware I have pitted my opinion

against a legally trained and experienced gentleman; what to my lay mind appears perfectly clear may to his trained mind appear

vastly different. This question of unregulated piece-work is to me

most vital, aud my only desire is to get the matter settled once

for all.

Mr. Moxon: I am entirely in accord with the retention of freedom for the worker, whether union or non-union man, to enter

into contracts when he pleases, where he pleases, and under what

conditions he pleases. Any other system would, in my opinion, be a direct interference with the liberty of the subject, which, under our

British Constitution, is undesirable.

Mr. W. Diver for Workers’ Unions.

Mr. J. Phair for Employers’ Unions.


The Norseman Miners’ Union of Workers v.

The Princess Royal Gold Mine, Limited; Cumberland Gold Mine, Limited; Princess Royal North and Princess Royal South Gold Mines ; and Lady Mary Gold Mines, Limited.

Mining dispute— Workers ask for increases—Court does not consider itself

bound to award the Kalgoorlie rates of wages plus extra cost of living at Norseman; the question whether the mines can afford it must also be considered—Previous classification followed—Amendment of claims granted—Cost of travelling, lack of amusement, and inferior surgical and medical attendance not to be taken into consideration— Question of wage being inadequate to support married man and family—Written addresses objected to by Court—Award.

Per PREsIDENT: I am not going to consider myself bound to give the

Kalgoorlie rate plus the extra cost of living at Norseman. Should we do so without considering whether the mines can afford to pay it or not, we might be doing an injury to everyone.

Mr. Moxon: I exactly follow His Honour. I am prepared to consider the case entirely on its own merits.

PRESIDENT: In fixing the wages for Norseman, I shall certainly not take into consideration the cost of getting there.

I can understand that either at Kalgoorlic or Norseman the medical attendance is not so good as it would be in Melbourne or Perth, but I do not think we can take that into consideration.

In future I don’t think the Court wiil allow speeches to be read. We shall expect the representatives to address us, and not read written speeche-. We think that such a privilege would be liable to lead to a waste of time.

This dispute was brought before the Court by the Workers’

Union, which by its application requested the Court to award an increased rate of wages to that previously paid on the Dundas

Goldfield, and also asked that a complete classification should be

made of the workers engaged in the mining industry on that goldfield.

The workers, being dissatisfied with the existing wages and the conditions of employment, took steps through their Union to secure satisfactory terms with their employers. A scale of wages and conditions embodying the claims of the workers was prepared and submitted to the managers of the various mines in the district, with a notification that the workers were desirous of having the rates and conditions mentioned in this scale adopted, and suggesting a conference between representatives of the Union and t'e managers. The managers of the different companies refused all suggestions for a settlement upon the terms put forward by the workers, consequently the dispute was referred to the Court.

On behalf of the Union, it was contended that miners at

Norseman laboured under disadvantages somewhat similar to those experienced by the men at Peak Hill, with which the members of the Court were already acquainted. The cost of living being almost identical; the isolated situation of Norseman, the centre of the Dundas Goldfields (about 90 and 110 miles respectively from

1903.

June 165, 16,

and 29.

1903.

NoRSEMAN

MINERS’

UNION Vv.

PRINCESS Royrab

G.M., Lrp., AND OTHERS.

44.

Esperance and Coolgardie, the two nearest outlets to civilisation),

the absence of modern means of communication with the larger centres, all combined to render more striking the resemblance between the Dundas and the Peak Hill Goldfields. Further, the

mine which gave employment to the majority of the men was one of the most lucrative in the State, and had been paving dividends for the past six years. In the Union’s claims appeared an item relating to engine-drivers. It was mentioned to the Court that there were several engine-drivers emploved at Norseman who were members of the Union, and a claim was made on their behalf for

payment of wages similar to those paid to engine-drivers at

Kookvnie and Leonora, at. which places the cost of living was less than at Norseman. The battery drivers at the Widgiemooltha

battery were in receipt of 138s. 4d. per shift, and battery labourers

wt the same place were paid 11s. 8d. per shift. whereas at Norseman

the latter class of workmen was paid but 10s. per shift, and

Widgiemooltha was sixty miles nearer to Coolgardie than Norseman.

The Union requested that the Award be made for a term of three years, and that it should apply to the Dundas Goldfield.

The following scales show:

(1.) The rates paid to workers by the varieus mining companivs at Norseman, and the conditions of employment under which they worked ; and

(2.) The claims made by the Union.

Rate oF WAGES PAID TO THE Workers ar NoRSEMAN BY THE UNDER- MENTIONED COMPANIES :—

(Rates not shown are about the same as those paid on the Princess Royal.)

I | Princess incess Lad Tae | ay, | Roa

1 8. de | s. d.| s. d. Machine men . .. per shift. 18 41] 13 4 Lee Miners, hand labour in 1 shafts - ” ' lt OF 12 6 12 6 Miners, hand labour in shafts, in ;

other parts ves - . » ' 11 8, 12 6 ll 8 Bracemen . ve vee wes ” 10 0 10 0 Platmen wee wee wee vee » ' 1010,

Truckers wee wee » . 10 O: Mullockers and shovellers wee vee » 10 10 Timbermen ... > ' ll 8

Rockbreakers, surface and battery labourers ... . > 10 O 10 O

Cyanide vat and filter hands wes » ll 8 11 8 Tailings, dam, and slimes pitmen ... » ll 8 Blacksmiths, plumbers, carpenters,

sawyers, and fitters... ” ; 138 4 #18 4 Blacksmiths’ strikers and mechanics’

labourers ... was vee see ” 10 0, 10 0 Tool sharpeners vee wee wes 12 6

Boiler cleaners wes ves wee » 11 8 Horse drivers .. ” 10 O Ist Class engine- dri ivers and ‘second

class wee a wee wes » 13 4

Firemen . Lae wee ses ” 11 8 wee

Amalgamators wes se ” 145 0 18 4 Amalgamators’ labourers see wee ” 10 O°

45

All men working underground work 46 hours per week, inclusive of crib time. All surface hands working shifts work 46 hours per week, inclusive of crib time.

Surface hands working all-day shift work 46 hours, exclusive of crib time.

Overtime paid at ordinary rates.

SCALE OF WAGES SUBMITTED TO THE ARBITRATION COURT BY THE NORSE-

mxAN Miners’ Union 6F WorKERS AS THE MINIMUM RATE OF WAGE.

s. d. Machine men in shafts, winzes, and rises... .. 16 6 per shift. Machine men in other parts of the mine _... . 15 4 ” Miners, hand labour, in shafts, winzes, and rises ... 15 0 "

Miners, hand labour, in other parts of the mine... 14 6 » Bracemen and platmen .. 14 0 » Truckers, mullockers, shor ellers, and tool ¢ carriers

(underground) ve we Le vee .. 18 4 » Timbermen 15 4 ” Surface labourers, battery labour ers, and rock-

hreakers es . 13.4 »

Cyanide vat and filter-press hands . 14 O ”

Tailings, dam, slime. pit workers, and sailor gang men 13 4 »

Blacksmiths, plumbers 3, bricklayers, masons, , carpenters, sawyers, fitters, and other mechanics... 16 8 »

Blacksmiths’ strikers and mechanics’ labourers ... 13. 4 ”

Tool sharpeners ... Le see vee wes . 15 9 s Boiler cleaners _... wee wee Lee wee . 15 0 » Amalgamators —... Lee _ wee vee . 15 0 i

Horse-drivers ves ee ves wee . 1B 4 ” First class engine- drivers sae wee ses . 16 8 » Second class engine-drivers... vas vee . 15 0 Firemen. bes wa vas Les . 1 0 » Mechanics’ labourers... bes we eae «1B

(1.) Men working in wet ground to receive 10s. per week extra. (2.) All overtime on week days to be paid at time and a-half. (3.) All overtime on Sundays to be paid at time and a-half. (4.) All contract and piece workers to receive not less than the

minimum rate of wage.

Hours or Laxpour.

All underground hands to work 46 hours per week, inclusive of crib time. All surface hands working shifts to work 46 hours per week, inclusive of crib time. Surface hands working all-day shift to work 46 hours per week, exclusive of crib time.

On behalf of the mining companies, it was urged that there were about 300 men employed at Norseman in the mining industry, about 260 of whom were employed at the Princess Royal mine.

There were a few other mining companies working mines in the district, but they were not getting any return, being principally engaged in development work—the worker under these circumstances having all the benefit at present. The district was entirely

dependent upon the mining industry, and experts were unanimous jn the opinion that the district possessed only low-grade ores, the

lodes being small, and the cost of production consequently heavy. Although the returns per ton of ore produced averaged well, that average was principally due to the working of the Princess Royal

Mine. Furthermore, cartage had to be paid on all supplies, either from Coolgardie or Esperance. These facts being taken into con-

1903.

NoORSEMAN

MINERS’

UNION vy,

PRINCESS

AND OTHERS.

1903.

NoRSEMAN

MINERS’

UNION Vv.

PRINCESS

AND OTHERS.

48

Mr. Hotman: We desire to show that if a miner gets injured in this place, it costs him more money than if he resided nearer a larger centre.

The Presipent: I think it is perfectly ridiculous to make

such a claim.

Mr. Houtman: We are endeavouring to show that the wages

are not sufficient to pay for ordinary living expenses, much less

extra expenses occasioned by an accident.

PresipEnt: Do you ask a higher rate of wages on the chance of a man meeting with an accident.

Mr. Houtman: Yes; we can show that in this particular district. there are many instances where men have to go away to be treated for sickness.

Mr. Tretoar: The Workers’ Compensation Act will meet

cases of accident.

Mr. Joun Niven, a mining engine-driver, having given evidence on behalf of the workers concerning his occupation, was cross-examined by Mr. Treloar with a view to showing that during his shift there were numerous occasions when the machinery would be idle, and that consequently his whole time was not occupied by

his duties.

The Presipent: I really don’t see what difference it can make whether the man is kept employed or not. It is not his fault if you do not find him work.

At a later stage in the proceedings Mr. Holman examined a

witness on the cost of maintaining his family, when the President

stated :—

“The wages now and for the past four years have been £4 a

week. You ask an increase. Are we to allot wages in proportion to the number of children a man has. For myself, I do not see how

J am to take into account the fact of a man having one child or six

children.”

Mr. Houtman: We desire that all working men should receive enough wages to keep a family of four or five children in comfort.

Presipent: If a man never marries he is still to receive this allowance. The logical conclusion of your argument is that a difference should be made between the wages of a bachelor and a

married man.

Mr. Houtman: The average bachelor does not work for wages long. As soon as he gets sufficient money he marries. Again, it

is the bachelor who goes outside, when he has put a few pounds together, and opens up fresh fields.

PRESIDENT: Your witness, Birton, was a bachelor working for

seven years on these wages and he only saved £20 when he married. In opening you said that what you wanted was the Kalgoorlie standard, with an addition for the extra cost of living. Now, I

49

should think that when the Kalgoorlie standard was arrived at, the

Court must have taken into consideration the question of a man marrying and having children to support. There is surely no more chance of a man marrying in Norseman than in Kalgoorlie. Surely Mr. Holman all these questions must have been taken into consideration when the original award was made. You say that, notwithstanding that award having been come to, we must now take into consideration again the fact of a man marrying. You have already asked us to take the Kalgoorlie standard. The only difference between Kalgoorlie and Norseman is the extra cost of living. We

can only look to that. Yesterday you gave evidence as to the

‘dangerous nature of the work, but you surely cannot contend that

there is more danger in Norseman than in Kalgoorlie. You gave evidence on the question of responsibility also. There can be no more responsibility in Norseman than in Kalgoorlie. It seems to me that this case can be narrowed down very considerably, because

it cannot be denied that all these questions have been allowed for

and we certainly cannot make another allowance for them.

Mr. Hotman: We are asking you to take into consideration the conditions of life generally at Norseman—take medical attendance for instance-—we can get evidence to show that this is not so easily obtamable in Norseman as it is elsewhere.

The Presipent: I can understand that either at Kalgoorlie or Norseman the medical attendance is not so good as it would be in

Melbourne or Perth, but I do not think we can take that into consideration. With respect to the lack of amusement, you have asked

us to give something extra to the worker because he bas less

‘Opportunities for spending his money on ainusement. How is that going to be arrived at? One man likes horse racing, and would sooner go on a racecourse than enjoy himself in any other way. Another man can find his full measure of pleasure in theatrical entertainments. How are we to apportion these amusements. Supposing a theatrical company comes down to Norseman, are the

men whose pleasure it is to go to a theatre to suffer a loss of wages, because they have the pleasure they wish for, and are the others to

receive more wages than the theatre lover because he has enjoyed himself that week and they have not ¢

Mr. Hotman: What we ask for is a little extra to the man who goes out back, and generally suffers a certain amount of hard-

ship, amongst which may be considered lack of amusement. We want to bring forward principally that the wages are not sufficient

to decently feed and clothe these men.

The Presipent: I was referring to the question of amusement. You certainly led me to believe that vou asked us to allow additional wages because of the lack of amusement. You say that because of the lack of amiusement the miner should be paid extra.

If we allowed a man 5s. a week extra because of the lack of amuse-

1908.

NoRSEMAN

MINERS’

Union Vv.

PRINCESS

RoyYAaL


50

1903. ment, we should have to take it off again as soon as amusement

— was provided. NoRSEMAN ; . ; MINERs’ Mr. Houtman: We are asking for an increase until that Union ». happens.

PRINCESS The Presipent: I have pointed out that some men like one YAL

G.M.,Lrp., @2musement and some another. Some men may take their amuse- AND OTHERS. ment in the best form, that is, in the enjoyment of home life, and I

do not think it would be fair to pay them less because they did not

wish other forms of amusement which are unobtainable in a certain district.

There was another matter upon which you gave evidence. You say that a man has to send his wife away if she was in trouble.

Do you really think that we ought to take that into considera-

tion ¥

Mr. Houman: I think so.

The Presipent: You admit vou cannot make a distinction between a bachelor and a married man as regards wages, and there-

fore you could hardly expect us to award the bachelor so much a

week extra to pay for the confinement of a wife he does not possess

and a baby which is not going to be born to him.

Mr. Houtman: We ask that a sufficient wage should be paid to

allow a man to keep a wife and family.

The Presipent: We should have to give wages then fora wife who did not exist, in a great many cases. So far as I am con-

cerned, I shall take into consideration the standard rate at Kal- goorlhie plus the extra cost of living at Norseman, and, also, I shall take into consideration the condition of the mines there; that is,

whether they are making profits sufficient to be able to stand any increase in the present wages. The other items you have spoken of, such as danger, responsibility, extra cost in case of sickness, and so on I shall not take into account at all. I feel it impossible to do so, because if I were to do so I should be placed in an illogical position. These things have all been taken into account in the

Kalgoorlie award, and even if the other two items—the lack of

amusement and the confinement of women—were not taken into account there I cannot regard them now.

Mr. Hotman: Your Honour must remember that if a man meets with an accident in Norseman it costs bim more money than it does in Kalgoorlie.

The Presipent: The Workers’ Compensation Act takes that into consideration.

Mr. Hotman: We ask the Court to take into consideration

the question of the extra cost of living at Norseman, and to allow an increase on that account.

The Presipent: I shall not consider only the cost of living. I shall have to consider also the state of the mines there. If we

51

were to give an extra wage at Norseman which would cause the closing up of some of the mines, it seems to me that we might be placing the miner in a worse position than he is in at the present time. If we were to make a wage which would deprive the miner

of his employment, we should be doing harm both to employer and eniployee.

Mr. P. J. Lyncu having been sworn as a witness for the purpose

of explaining the duties and responsibilities appertaining to the occupation of engine-driving on mines, and being cross-examined with a view of showing the unfairness of seeking to enforce payment of the same rate of wage from a poor mine as was being paid bv the richer mines at Kalgoorlie, stated that, in his opinion, no system could be introduced which would satisfactorily differentiate between the wages paid to the man on the rich and the man on the

poor mine.

The Presipent: I don’t think there is any necessity to labour this point. The Act says that we are to recommend a minimum wage. I presume the minimum wage would be that paid to the less competent first-class certificated engine-driver. Kven amongst the first-class certificated men there must be some who are better than others.

The case for the Workers’ Union having been concluded, Mr. Treloar proceeded to open the case for the employers by reading an opening address, when the President remarked : -- ,

“T don’t like to interrupt you, Mr. Treloar, but I must say that in future I don’t think the Court will allow speeches to be read. We shall expect the gentlemen to address us, and not read written speeches. In this my colleagues quite concur. I am addressing both parties, because we think that such a privilege would be liable to lead to a waste of time.”

The mine owners requested the Court to award a continuance of the conditions of employment and rates of wages which had prevailed at the Princess Royal Mine for some years previous to the inception of the present dispute, and under which the men were working at the date of the hearing. Evidence was then called, on the conclusion of which the Court adjourned.

On the 29th dav of June, 1903, the following Award was published by the Court :—

In tHe Court oF ARBITRATION, WESTERN AUSTRALIA.

In the matter of “The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an Industrial dispute between the Norseman Miners’ Union of Workers (hereinafter called the “ Union”) and William T'reloar, of Princess Royal Gold Mine, Limited; C. Burkett, of Cumberland Gold

Mine, Limited; James McIndoe, of Princess Royal North and Princess

Royal South Gold Mines; and William McKenzie, of Lady Mary Gold Mines, Limited (hereinafter referred to as the “ Employers ’’).

The Court of Arbitration of Western Australia (hereinafter called “the Court”) having taken into consideration the above-

1903.

NorsEMAN MINERS’ UNION

Vv.

PRINCESS

Roya

G.M., Lrp.,

AND OTHERS.

1903.

NoRsEMAN

MINERS’

UNION Vv.

PRINCESS Royvau


52

mentioned dispute, and having heard the Union by its representatives, John Barkell Holman and Patrick Lynch, and the Employers by their representative, William Treloar, and having heard the

witnesses called by and on behalf of the Union and of the Employers respectively, doth hereby order and Award that as between the Union and the members thereof, and the Employers and each and every of them, the terms, conditions, and provisions set out in the schedule hereto and of this Award shall be binding upon the Union and every member thereof, and upon the Employers and each and every of them, and that the terms, conditions, and

provisions shall be deemed to be and they are hereby incorporated

into and declared to form part of this Award ; and, further, that the Union, and every member thereof, and the Employers and each of them, shall respectively do, observe, and perform every matter and thing by this Award, and by the said terms, conditions, and provisions on the part of the Union and the members thereof, and

on the part of the Employers and each and every of them, respectively required to be done, observed, and performed, and shall not do anything in contravention of this Award or of the said terms,.

conditions, and provisions, but shall in all respects abide by and

observe, and perform the same, and the Court doth further Award that the industry to which this Award applies is the industry of

gold mining.

Tur SCHEDULE ABOVE REFERRED TO.

The minimum rate of wages which shall be paid by the Employers respectively to the persons employed by such Employers in the capacities hereinafter mentioned shall be as follows :—

s. d. To machine men in shafts we wes ves .. 14 4per shift. » machine men in rises ee .. 13 10 »

,, machine men in other parts of ther mine ... 13 064¢~—~C&«,, ». miners (hammer and drill men), bracemen, and

platmen ‘8, » truckers, mullockers, ‘shovellers, and tool - carriers

(underground) 10 8, » men working in cyanide \ vats and filter press

hands ... ves wa 1l 8 » » timbermen ee a ves we _ .. 13 4 ”

vs The term ‘timbermen”’ is not meant to cover any men who may be called in to assist in lifting or carrying timber, but only men who are usually employed in putting in timber or timbering up the mine.

s. d. To surface labourers... vee we Lee ... 10 Oper shift,

The term “surface labourers” shall include pick and shovel men, sailor- gang men, riggers, lumpers, battery feeders, battery labourers, breaker feeders, slime, sand, and wood truckers, wood trimmers, and ceneral labourers.

s. d. To drill and tool sharpeners we Le we wee “ 6 per shift. » boiler cleaners.. . wee wee . 8 ”

» horse drivers ... vee ves 10 0 a”

If it be portion of the driver's “auty t to feed and groom his horse he shall receive ls. per shift in addition.

Tradesmen, mechanics, engine-drivers, amalgamators, mechanics’ labourers, oilers and greasers and cleaners are not included in the provisions

of this award.

53

Men working in wet ground shall receive Is. 8d. per shift in addition to 1903. the ordinary rate of pay.

Should any dispute arise as to whether a mine is wet or dry it shall be NoRsEMAN referred to a Board constituted of a representative appointed by the owners MINERS of the mine in question, a representative appointed by the Workers’ Union Union in the district, with the Warden of the goldfield in which such mine is v. situated as chairman, whose decision shall be final. PRINCESS

Roya Hours of Labour.—All underground hands shall work 46 hours per G.M., Lrp.,

week, inclusive of crib time. All surface hands working shifts shall work anp orngrs. 46 hours per week, inclusive of crib time. Surface hands working all-day shift shall work 46 hours per week, exclusive of crib time.

This award shall have effect over that portion of the Dundas Goldfield which is situated between the 121 and 122} degrees of longitude, and shall remain in force until the first day of March, 1904.

IN WITNESS WHEREOF this Award has been signed by the President of the Court and the Seal of the Court has been hereunto affixed, this twenty-ninth day of June, one thousand nine hundred and three.

S. H. PARKER, J.,

[ SEAL. | President.

[See remarks of members of the Court reported at conclusion of dispute Carpenters Union v. Builders and Contractors Union, p. 38.1

54


Yundamindera Miners’ Union of Workers (late Granites Branch of the Amalgamated Workers’ Association)

v.

The Registrar of Friendly Societies

and

Gwalia Miners’ Union of Workers

v.

The Registrar of Friendly Societies.

Coram: President, Parker, J. (in Chambers).

(1.) Appeal against refusal to register—(2.) Appeal against Registrar’s refusal to cancel registration of a Union. Both appeals disposed of in one decision.

Per Presipent: I think the reading of the words, “ Where there exists

an industrial union” (Section 10, Subsection 1 of the Act) is where there exists in the locality a registered industrial union for that particular locality.

The fact that « person isa member of one Union does not disqualify him from also being a meinber of another Union. The president of one Union may also be a member of another Union. The members of a society apply- ing for registration as an Industrial Union need not necessarily reside in the locality in respect of which registration is sought.

Mr. N. K. Ewing for Appellants.

Mr. J. A. Northmore for the Registrar.

This matter came before the President in Chambers under the following circumstances :—On the 3lst January, 1903, the Regis- trar received two applications for registration of Industrial Unions of Workers at Yundamindera, one from the Yundamindera Miners’

Union of Workers (formerly the Granites Branch of the Amalgamated Workers’ Association), and one from the Amalgamated Miners’ Union of Workers, Yundamindera, No. 6 Branch. Both applications were in order, but the one from the Amalgamated Miners’ Union (hereinafter referred to as the A.M.A.) was received by the Registrar at 9 o’clock in the morning, and that from the appellant Union (hereinafter referred to as the A.W.A.) at 11:30 o’clock in the morning of the same date. The papers accompanying these applications showed that the A.M.A. had passed a resolution desiring registration on the 13th January, 1903, the A.W.A. passing a similar resolution on the 18th January, 1903. The Registrar

duly senc notices of these applications to all Industrial Unions within the Eastern Industrial District. It appeared from the register-book that the A.M.A. had registered its head office at Kalgoorlie, but that of the A.W.A. had not been registered.

55

The Registrar received objections from several Unions within

the Eastern Industrial District; branches of the A.W.A. objecting to the registration of the Yundamindera branch of the A.M.A., and from branches of the A.M.A. within the Eastern Industrial District,

objecting to the registration of the Yundamindera A.W.A.

Union.

Upon going through the papers, the Registrar finding that both applications were in order, on the 2nd day of April, 1903, registered the Union whose application first came to his hands, namely, the

Yundamindera branch of the A.M.A.

Subsequently, on the 2nd April, the Registrar gave notice of

his refusal to register the A.W.A. Union at Yundamindera, on the ground that there existed in the same locality, and connected

with the same industry, an Industrial Union to which the

Yundamindera members of the A.W.A. could conveniently belong.

The members of the A.W.A., being dissatisfied with this decision of the Registrar, appealed to the President of the Court, under Section 10, Subsection 2.

The appeal first came on for hearing on the 29th May, 1903, and was only part heard when, by consent of all parties, an adjournment was made sine die, owing to the absence from Perth of counsel for the appellant Union.

The matter was again brought on before the President on the 6th July, 1908, when it was found that since the previous hearing an application had been lodged on behalf of the Gwalia Miners’

Union of Workers, appealing to the President against the decision of the Registrar, who refused to cancel the registration of the Yundamindera branch of the A.M.A. previously referred to, in accordance with the said application.

The Gwalia Miners’ Union objected to such registration on the grounds :—

1. That prior to the registration of the said Union (Yunda- mindera branch of the A.M.A.) there existed a Union connected with the same industry and in the same locality to which the members of the said Union could conveniently belong; that such Union still existed, and such fact was not made known to the Registrar.

2. That the said Union was registered erroneously.

3. That the said Union had been registered by mistake.

4. That the said Union was registered with insufficient members.

5. That some of its members and officers were not qualified to be members or officers of the said Union, and without such members

or officers it does not comply with the provisions of the Act.

6. That the objecting Industrial Unions should have been heard by the Revistrar in support of their objections.

1903.

YuUNDAMIN-

DERA MINERS’ UNION

v. REGIstRAR.

1903.

YUNDAMIN- DERA

MINERS’

UNION

Vv.

REGISTRAR.

56

Mr. Ewine applied that the hearing of this latter application should be taken first, as the decision arrived at would settle both

appeals.

After some discussion, this course was adopted by the President.

The facts relied upon, and the arguments urged on behalf of the Gwalia Union, appeared to be that in 1889 a Union was formed

in the North Coolgardie Goldfield, called the North Coolgardie Amalgamated Workers’ Association, which was registered as an

Industrial Union under the Act in May, 1901. It had branches at various places throughout the goldfields, and, amongst others, one at Yundamindera known as the Granites branch of the A.W.A. Section 6 of the Act provides for the registration of branches of a Union, and the objecting Union contended that the meaning of that

section was that a Union existed wherever it carried on business substantially, either as the headquarters of a Union, or as a branch thereof. Until 1903 this North Coolgardie Workers’ Association was the only Union existing on the North Coolgardie Goldfields, and'

the Yundamindera branch of that Union, which was formed on the

6th August, 1900, returned to the Registrar every year returns of its members as a separate branch of the head Union. It was contended that where there existed a Union operating over a large extent of country each of its branches (although perhaps one hundred miles apart) should be considered as distinct unions, which

should prohibit the registration of another Union in those localities. The Shearers’ Union in New South Wales and the Seamen’s Union in New Zealand were cited as instances. The rules of the A.W.A. provided machinery for the working of these branches, and until the Registrar called upon such branches to register separately they were in the same position as registered local unions. If this were not the case such unions as the Seamen’s Union in New Zealand would have to be split up into a hundred different unions, thereby giving much extra work to the Registrar’s Office. The A.W.A. was registered for the North Coolgardie Goldfields, and until the Regis- trar demanded an alteration in its constitution and the separate registration of its branches, it remained the only registered Union in the district, having a preferential right to register its branches as separate Unions where thev were already established. The Yunda- mindera branch of the A.M.A., prior to its registration, should have

requested the Registrar to requisition the North Coolgardie branch to eliminate its Yundamindera branch. If a limitation of the area dominated by the A.W.A. were required it should have been requested by the Registrar.

The next objection was that Section 3 had not been complied with, and it was in respect of the provisions of that section that the objections numbered 2, 38, and 4 were made. Section 3 provides

that an application for registration must. be made by not less than 15 workers, and must be signed by the Chairman or President and the Secretary of the applicant Union. The application lodged by the Yundainindera branch of the A.M.A. contained a list of 17

oO”

members, but three of the persons named therein were already members of the A.W.A. The policy of the Act being that there shall only be one Union in the one locality in respect of the same industry, the three members referred to had no right to join any application for the registration of the Yundamindera branch of the A.M.A. The Act provides by Section 3, sub-section (3) (q), that members cannot leave a Union without giving three months’ notice of their intention to retire. It was contended that the Act, by saying that only one Union shall be registered in the one locality in respect of the same industry, impliedly directed that a miner could belong only to one Miners’ Union in that locality. Ifa man were allowed to belong to and vote with a number of Unions it would mean that in the case of an industrial dispute there would be a fictitious voting power in the hands of these men. It was further contended that the appli-

cation for registration lodged by the Yundamindera Branch of the A.M.A. was not signed by the President of the Society as required by the Act, on the ground that Edward James Williams. who was

President of the A.M.A. at Yundamindera, and who signed the application as President, was also «1 member of the A.W.A., Yunda-

mindera branch. Under such circumstances, Williams could not

contend that there was no other Union existing in the locality. If

an application is in direct. contravention of Section 10 it is not a bond fide application. In the present application the President was not tied down by Section 20 to technical grounds for cancellation for that section states that “the President may cancel a Union’s re-

gistration for any reason which may appear to him to be good.”

The appellant Union further claimed that it was entitled to consideration on equitable grounds. The North Coolgardie A. W.A., of

which the appellant was an offshoot, had been in existence for many years, and had a roll of upwards of sixty members in the locality of Yundamindera. The affidavits filed in its behalf on the present application showed that the Yundamindera branch of the A.W.A.

was possessed of property upwards of £600 in value, portion of which comprised a grant by the Government to the Union, and was vested in its trustees. If the Registrar’s decision to register the Yundamindera branch of the A.M.A. were upheld, this property would be rendered useless, as the existence of the Union which

owns it would be at an end. The Yundamindera branch of the

A.W.A. having been in existence prior to the same branch of the A.M.A., should have received prior consideration at the hands of the

Registrar on the point of priority of existence alone. In order to enable the Yundamindera A.W.A. to be registered, it was necessary first to cancel the recent registration of the Yundamindera A.M.A.

On behalf of the Registrar it was urged that although the A.W.A. existed prior to the formation of the A.M.A., it was a body which confined its membership to no particular trade or industry. Anybody who was willing to pay a subscription Was admitted. The A.M.A. was formed after the passing

of “ The Industrial Conciliation and Arbitration Act, 1900,” so that

1908.

YuNDAMIN- DERA

MINERS’

UNION Vv.

REGISTRAR.

1903.

YUNDAMIN-


Vv,

REGISTRAR.

58

there might be a Union for the miners only. This Miners’ Union

was registered for the Goldfields with its headquarters at Kal-

goorlie, but having in various townsites, including Yundamindera, miners who were members of the A.M.A., and who accordingly paid their subscriptions. Under Section 5 the Registrar considered he was entitled to direct that a Union should specify a locality over

which it claimed jurisdiction, but he was of opinion that the term “Goldfield”? was of much larger significance than the term “Locality ” used in the Act.

At the time of the passing of the 1902 Act the A.W.A. com-

prised all classes of workers, and therefore the appellant Union

could only logically urge that it had the prior right to claim regis-

‘tration at Yundamindera as a heterogeneous Union. The A.M.A.

restricted its membership to miners only, the term miner used in

connection with the rules of this Union including any person

directly employed in a mine who could belong to ne other Union.

If an Industrial Union existed in respect of carpenters emploved

ona minethe A.M.A. would refuse to admit such tradesmen as

members. The declarations lodged in support of the Registrar’s decision showed that the A.W.A. contained in its list of members

the names of hotelkeepers, storekeepers, bicycle agents, and others,

and the names of those persons were forwarded in the list of

members when the registration of the Yundamindera Branch of

A.W.A. was applied for. Of the membership of 60 claimed by

the A.W.A., there were only 17 members now resident in the

district. As to the contention put forward by the appellant Union

that because it existed at Gwalia there should be no Union regis-

tered at Yundamindera, Gwalia was 60 or 70 miles distant from

Yundamindera, and therefore the localities were distinct. The

A.W.A. further contended that it had a sub-branch at Yundamin- dera, but it only had a certain number of members in that locality, who were not necessarily miners. The £600 worth of property alleged

to have been possessed by the A.W.A. at Yundamindera was not considered as an asset by that Union in its balance-sheet. The funds

for the hall, a portion of the property referred to, were subscribed by the public and by the issue of debentures.

Mr. Jounson (for Amalgainated Miners’ Union of Workers,

Yundamindera, No. 6 Braneli) contended that when the various

Unions were called upon by the Registrar to state the localities in

respect of which the Unions were registered the North Coolgardic

Union (A.W.A.) limited its operations to Gwalia. There was no objection offered to the adoption of that course, because there was no Union registered in respect. of miners in that locality. The

fact that because the A.W.A. drew contributions from miners and

others at Yundamindera did not constitute a Miners’ Union there.

If the A.M.A. had no right to register a Miners’ Union at Yun-

mindera on the grounds alleged on behalf of the appellant Union, then the registration of its Kanowna and Menzies branches were

59

equally invalid, as both of those localities were within the area of North Coolgardie District. The A.W.A. might contend with equal force tbat the Unions of engine-drivers, firemen, and others in

those localities should not be registered on the same ground as those now urged against the registration of the Yundamindera

branch of the A.M.A.

The Prestpent: This is an application on behalf of the

Amalgamated Workers’ Association to cancel the registration of the Amalgamated Miners’ Union so far as its Yundamindera branch is concerned, and the reasons for the application are, firstly,

that there is a Union to which the members can belong existing in the same localitv; and, secondly, that the registration was erroneous, and made by mistake. Now I will deal with the first

point. Section 10 of the Act enacts “that, in order to prevent

needless multiplication of Industrial Unions, the Registrar shall refuse

to register a Society where, in the same locality, and connected with the same industry, there exists an Industrial Union to which the members of such Society may conveniently belong.” Now I read that to mean this, that if, say at Yundamindera, there existed an

Industrial Union for miners, registered expressly for Yundamindera, then the Registrar could not register any other Union for miners for that locality. But I do not think the Legislature intended to prevent.the registration of a Union for a particular locality where there was a Union existing whose headquarters were, perhaps, 100 miles away, but which had an office at this particular place for which the new Union was asking to be registered. I think the reading of the words, “ Where there exists an Industrial Union,” is where

there exists in the locality a registered Industrial Union for that particular locality. That being my view, this North Coolgardie Workers’ Association was not registered for that particular locality, but, apparently, for the North Coolgardie Goldfields, and it was a Union which embraced all workers, and it had a branch and office

apparently established at Yundamindera. I have no doubt the miners could have joined this Association, but it did not, to my

mind, in the word of the Act, “exist” at Yundamindera. That

being the case, it is impossible for me to say that, so far as that point is concerned, the Registrar has taken a wrong view. Now,

Mr. Ewing further contends that the registration is erroneous,

hecause there were not sufficient members to form the Union. The statute by Section 3 enacts, “ Any society consisting of any number of workers not less than fifteen, associated for the purposes of protecting or furthering the interests of the workers in connection with any specified industry, may be registered as an Industrial Union.” Well, all I have to look at is this: Did this society consist of fifteen workers? It is admitted that this society consisted

1903.

YuNDAMIN-

Vv,

RRGISTRAR.

of seventeen, but Mr. Ewing says three of these persons belonged . to another Union—the Amalgamated Workers’ Association ; and, consequently, they were not qualified, in fact they were disqualified, from belonging to the A.M.A. It does not seem to me that I can come to that view. All that the Act requires is that there should

1903.

YUNDAMIN-


yy. REGISTRAR.

60

be fifteen workers, and they are just as much workers although they belong to half-a-dozen Unions. All that is necessary in the application for registration is that the Societv should consist of fifteen workers. There were tifteen workers here, there were

seventeen, and none of them appear to he disqualified from belonging to this Society, or being designated as workers, because they belong to another Association or Union. These remarks apply also to the question of the President. The fact of his being President of the Workers’ Association, or a member of it, does not appear, to my mind, in any way to disqualify him from being President of the

Miners’ Association at Yundamindera. These are the main points urged by Mr. Ewing. ‘There was another matter, I think, he mentioned just at the last moment, to the effect that three or four

of the members of the A.M.A. did not reside at Yundamindera, but

thirty or forty miles away. Now, as I have already said, the section

which empowers a Society to apply for registration only states that that Society must consist of fifteen workers; it does not state that the workers must be in that locality. I do not know what authority

I have to add to the law aud say these fifteen workers must all be

at Yundamindera, or the place where the Society is established or

has its headquarters. [ have no such power. All the law says is that the Society must consist of fifteen workers, and those fifteen

workers may be anywhere, so far as I know. Consequently it does not seein to me that the fact that some of these workers reside thirty.

or forty, or fiftv miles away from Yundamindera disqualifies them from belonging to this Society, an] joining in this application.

Under Section 20 I have to hear the application, and, if I am of the opinion that the registration of the Union should be cancelled, may so order. Well, I need only say that Iam uot of opinion that the registration of the Union should be cancelled, and, in conse-

quence, I make no order to that effect, but dismiss the appeal.

Appeal dismissed.

As a corollary to this decision, the action of the Registrar in

refusing to register the Yundamindera Miners’ Union of Workers

(late Granites Branch of the A.W.A.) was confirmed. The appeal made by the latter Union to the President was accordingly

dismissed.

61


The Coastal Operative Bricklayers’ Industrial Union of Workers

v.

The Builders, Contractors, and Joinery Works’ Union of Employers.

Industrial Dispute— Workers’ claims as set out in application having been established by mutual consent, eacepting as to piecework, application withdrawn. Court refuses to impose terms.

Per Presipent: I do not think the Court has power to make an order

to the effect that either party shall not come before us with any complaint for the next twelve months, but if the Union were to bring forward a similar claim, and no fresh circumstances arise to make it necessary, the Court will look with some suspicion on such an application, and might order costs or dismiss the same as being frivolous.

On the 22nd May an application was lodged on behalf of the

above Workers’ Union, referring to the Court for settlement a dis-

pute alleged to exist between its members and the members of the above-named Employers’ Union.

The claims appearing in the application were as follows :—

]. That forty-eight hours constitute a week’s work ;

2. That the minimum rate of pay for all journeymen bricklayers (except those hereinafter mentioned) shall be not less than Is. 73d. per hour;

3. That piecework be abolished, and all journeymen brick-

layers be employed on the day-work system ;

4, That overtime after 5 p.m. on the first five days of the week and after noon on Saturday be paid for at the rate of time and a

quarter up to 8 p.m., and time and a-half after; double time after midnight, and on Sundays, New Year’s Day, Good Friday, Eight Hours’ Day, and Christmas Day. |

5. Any journeyman bricklayer who considers himself not capable of earning the minimum wage may be paid such less sum (if any) as shall from time to time be agreed upon in writing between the employer and the Chairman or Secretary of the In- dustrial Union, and in default of such agreement as shall be fixed in writing by the Chairman of the Conciliation Board for the South-

West Industrial District, upon the application of the journeyman, after twenty-four hours’ notice to the Secretary of the Union, who shall, if so desired by him, be heard by such Chairman upon such application ;

6. The Award to be in operation within a radius of fourteen Miles of the General Post Office, Perth ;

7. The Award to be in force for a period of two years.

1903.

July 17.

1903.

Brick-

LAYERS’ Union

av.

BUILDERS

AND ConrTRACcT-

ORS.

62

On the 17th July when the matter was called on for hearing Mr. J. W. Croft, on behalf of the Workers’ Union, applied to have the application struck out, as all the claims made by the Union,

with the exception of one asking for the abolition of piecework,

had been established by mutual consent. With regard to the claim for the abolition of piecework, he pointed out that inasmuch as the

Court had given a ruling in recent disputes on this point it appeared to be useless to press the matter. He explained that notice of intention to withdraw proceedings had been duly served upon the Employers’ Union on the 3rd July preceding.

Mr. Puatr, for the Employers’ Union, opposed the application on the ground that no award existed in the industry; that the

Masters’ Union had been cited before the Court to answer certain demands, which they were prepared todo. He claimed that the members of his Union were at least entitled to be safe-guarded from similar proceedings for at least twelve months, otherwise the workers might at any time repeat their present action.

The Presipent: I doubt if we have power to make an order to the effect that either party shall not come before us with any complaint for the next twelve months. I do not think we have power to make such an order; but what we can say is this, that if the Union were to bring forward a similar claim to this, or a claim which it might bring at the present time, and no fresh circumstances arise to make it necessary to bring the matter before the Court, that the Court will look with some suspicion upon such an application, and it might order costs or dismiss the application as frivolous. It

appears that Mr. Croft is satisfied with the present state of affairs, except with regard to piecework ; there is no dispute with regard to

wages, the hours are satisfactory, and I presume the overtime has also been arranged between them. In my opinion a fresh applica-

tion of the same nature would be frivolous.

The application was struck out.

63


The Workers’ Industrial Union of Carpenters and Joiners, Perth, Western Australia,

Vv.

The Builders, Contractors, and Joinery Works’ Industrial Union of Employers.

Ez.parte application for directions as to procedure in alleged contempt of Court.

Mr. Puarr, on behalf of the above Employers’ Union, explained

that one of the witnesses who gave evidence on behalf of the employers during the hearing of this dispute had been harassed by the

Union, which had inflicted a fine of £5 upon him for giving evidence adverse to the claim put forward by the Union for the abolition of piecework. The Union had further written a letter to

this witness, charging him with having maliciously injured the Union by such action. Mr. Phair contended that such conduct was entirely opposed to the spirit of the Act, and requested directions as to how he should proceed under Section 102 of the Act, for contempt of Court.

The PresipenT: Section 102 deals with a matter before the Board or Court. If you desire to take proceedings under that section, the method of doing so is prescribed by Section 94, subsection 1. I would suggest that you apply for the issue of a summons, returnable seven clear days from the service thereof.

1903.

July 19.

1908.

July 7, 14, 16, and August 18.

64

COURT OF ARBITRATION,

Coastal Journeymen Butchers’ Union of Workers

v.

Albert & Co.; Holmes Brothers & Co., Limited; T. Kelly; H. Hunter;

— Harkness; T. Feakes; S. Masters; Eichhorn & Hempel; and Phillips & Co.

Industrial dispute Coastal Butchering trade-—Workers’ claims—President’s

views as to what points should be taken into consideration when fixing the minimum wage—Claim for preference of employment to Unionists struck out—A New South Wales Industrial agreement tendered as evidence objected to on ground of insufficient proof, but eventually admitted—Employers’ contentions -Award.

Per PresipENT: My view on the subject as to what should be taken

into consideration when fixing a minimum wage is that the first matter the Court has to consider is upon what wage can a man live in comfort. The next question the Court may consider—but is not necessarily bound to consider—is the wage paid to similar workmen in the neighbouring States ; and again we may consider the extra cost of living in Western Australia over the other States. Although these are considerations we are bound to take. notice of, we are also bound to consider the question of whether the particular industry can afford to pay the extra wage demanded. Personally I do not think we are in any way bound to take the wage paid in any neighbouring State as a basis, nor are we bound to add to that wage the extra cost of living here.

I understand that the point as to preference of employment to Unionists has been before the Court previously, and the view taken by Mr. Justice Moorhead was that the Court had no power to do this. I do not feel disposed to interfere with that ruling, and, indeed, if I were hearing

argument on that point I should be inclined to say the previous ruling was right. Even if the Court had power to do so,I should not give the preference.

This dispute had originally been referred to the Board of Con-

ciliation for settlement, but when the case came on for hearing the

Employers’ representative applied to the Board, under Section 57

of the Act, to have the matter sent on to the Court. After argu-

ment this course was adopted.

Mr. John Lea Clarke for the Workers’ Union.

Mr. Charles Arthur Hudson for the Employers.

Before the Court the existence of a dispute, after some discus-

sion, was admitted by the emplovers.

The claims made by the Union were as follow :—

1. That the hours of labour for shopmen, small-goods men,

cart and order hands, salters, and others be 54 per week, as follow: —Monday, Tuesday, Thursday, and Friday, from 6 a.m. to 5 p.-m., with two hours off for meals; Wednesday, 6 a.m. to 1 p.m.,

with one hour off for meals ; Saturday, from 6 a.m. to 9 p.m., with three hours off for meals.

65

2. That the minimum rate of pay shall be for first shopmen and small-goods men, £4 10s. per week; second and third shopmen,

1903.

CoAsTAL £3 15s. per week; cart and order hands and others, £3 5s. per Journeywen week; casual hands, 15s. per day, except Saturday, for which they

shall be paid not less than £1 per day.

3. That not more than one improver or apprentice be employed to every three (3) men, and that all apprentices be properly

indentured for a period of three (3) years.

4. That wages be paid weekly, and be dry pay.

5. That on the termination of any agreement a week’s notice be given on either side, or a week’s pay in lieu thereof.

6. That all work done on Eight Hours’ Day, ChristmasjDay,

New Years’ Day, Boxing Day, Good Friday, Easter Monday, King’s

Birthday, and Union Picnic Day, Sundays, and Wednesday after-

noons be paid for at double rates.

7. That preference of employment be given to union men

where practicable.

8. That the Award shall take effect from the third day of

March, 1908, and shall continue in force until the third day of

March, 1906, and shall be limited in its operations to the South-

West Industrial District.

After reading and explaining the reasons for the claims made

by the Union, Mr. Clarke notified his intention of calling evidence

for the purpose of proving (inter alia) the rates of wages and the conditions of employment existing in the Eastern States, it being his intention to argue that the Court, in considering the rate of wages for this State, should consider the rates paid in the neighbouring States, and was bound to take into consideration the cost

of living in Western Australia, as compared with those States.

The Presipent: My view on the subject as to what should be taken into consideration on this somewhat difficult question is that

the first matter the Court has to consider is what is a fair minimum

wage; that is, upon what wage can a man live in comfort. The

next question the Court may consider—but is not necessarily bound to consider—is the wage paid to similar workmen in the neighbouring States ; and, again, we may consider the extra cost of living in Western Australia over the other States. Although these are considerations which we are bound to take notice of, we are also

bound to consider the question of whether the particular industry

can afford to pay the extra wage demanded. Personally, I do not think we are in avy way bound to take the wage paid in any neighbouring State as a basis, nor are we bound to add to that wage the extra cost of living here. I am convinced that it is not our province to do that. The minimum wage, as I said just now, is, in my opinion, a wage upon whicb a man can live in comfort—that is my view of a living wage. I do not think there is any necessity for

BuTcHERS’ UNION

v. ALBERT & Co, AND OTHERS.

1903.

CoasTAL

JOURNEYNEN

ButTcHERS’

UNION v.

ALBERT & Co. AND OTHERS.

66

you to bring evidence to prove that the cost of living is greater here than in New South Wales, as we are aware of that. Turning, however, to Clause 7 of your claim, what authority have we got to say that preference of employment should be given to Union men ?

Mr. Cuarke: Under Section 2—“ Industrial Matters.” The

Act says there that the Court may deal with all matters affecting the work done or to be done by workers. Subsection (b.) gives the Court power to adjudicate as to the hours of employment, sex, age, qualification, or status of workers, and the mode, terms, and con-

ditions of employment. Those words alone give a very broad power to the Court, but when we consider Subsection (d.), which gives the employer the preference of service from unemployed members of an Industrial Union, I should submit that by direct analogy the workers belonging to a Union should have the preference of employment.

The Presipent: Should we not be legislating if we went so far as that? I understand that this matter has been before the Court previously, and the view taken by the late Mr. Justice Moor- head was that the Court had no power to do this. I do not feel disposed to interfere with that ruling, and indeed if TI were hearing argument on that point I should be inclined to say that the previous ruling was right.

Mr. Clarke then applied for and obtained perinission to strike out Clause 3 and to substitute the following in lieu thereof :—

“That the minimum wage for boys and apprentices, or improvers under the age of twenty vears, shall be:

£ os. d. For the first year of service .. 1 O O per week

» second year of service ... 110 0 » » third year of service .. 210 0 »

and after three years of service, whether served in one or more shops, they are to be classed as third

shopmen.”

After the conclusion of evidence for the workers, Mr. Clarke desired to put in as evidence an industrial agreement between the master butchers of New South Wales and the Industrial Butchers’ Shop Employees’ Union, to show the conditions of the trade in the Eastern States.

The Presipent: Have we any right to receive this? Recently one person who had appeared as a representative before the Court complained through the papers that the Court had most improperly received in evidence a written document which operated very much on the minds of the Court. If your party think we should only receive legal evidence I think it will be better if in future we keep as nearly as possible to the ordinary rules of evidence, and only receive documents that are legal evidence. I do not want you to

- put that document in, and then be obliged to allow the other side

to put in another document which is not evidence, and when we are

67

making our award to have an outcry raised that improper documents 1903. were admitted which operated on the minds of the Court. —

CoasTAaL Mr. CuarKke: This document is put in as evidence to show the Journzymen

conditions of the trade in the Eastern States. BUTCHERS

: : i t it ? v. The Presipent: How are you going to prove it Aupenré Co.

Mr. CuarKeE: I was relying on Section 75, Subsection 8, or AND OTHERS.

otherwise I should have proved it in strictly legal form. This document bears the seal of the Employees’ Union, and purports to

be a facsimile of the original document.

The Presipenr: Personally I have no objection to its being put in, but if the other side want to put in something which is not

evidence you must not raise an outcry if we allow them to do so.

Mr. Hupson: My objection to it going in is that the document

has been sprung upon me, and I have had no opportunity of refuting

it in cross-examination.

After consideration, the Court admitted the document in

evidence.

Mr. Hupson, in opening the case for the employers, contended

that the Court could not consider the agreement put in by the

representative for the Workers’ Union, owing to the fact that there

was no evidence given to show that the conditions of the trade were the same in New South Wales as in this State, the proof of which

should rest upon the party tendering such agreement as evidence }

that the workers had given no evidence to show that the claim for restriction in the number of improvers should be upheld. He stated that the employers agreed to Clause 4 of the claim; that as to the

week’s notice required at the termination of service, the Masters

and Servants’ Act provided for that, and consequently there was no need for this Court to award any such term ; that the application for payment of double rates for holidays was inequitable, and should not be allowed; that any award of the Court should not apply to employers carrying on business outside a 14-mile radius from the General Post. Office, Perth, seeing that no such employers

had been cited before the Court or were represented in this case ; that the employers were prepared to reduce the hours of work to 60 per week, provided they were allowed a free hand in arranging

how such hours should be worked; that it was necessary for the

requirements of their businesses for the employers in Perth and Fremantle to commence work at 5 a.m. and to keep open till 6 p.m. ; that the Court had no power to order the closing of shops at 5 p-m.,.

but if it were within the jurisdiction of the Court to do so, and the Court awarded such a provision, it would give the small employer who did his own shop-work an undue advantage over the larger firms. As to wages, the workers claimed £4 per week for shopmen (first) and small-goods men, and the Court had recently awarded carpenters only 10s. 6d. per day, and butchering could not be considered an equally skilled trade as carpentry, whilst the employment in the

1903.

CoasTAL JOURNEYMEN ButcHeErs’

UNION Vv.


68

butchering trade was more continuous. The employers were prepared to allow £3 per week for first shopmen, and £2 7s. 6d. as the

minimum for second and third shopmen. For cart and order hands they offered £2 5s. per week; for casual hands 12s. 6d. for ordinary

week days, and lds. for Saturdays.

After the conclusion of the evidence for the employers, Mr. Clarke again made reference to the claim put forward by the Workers’ Union regarding preference of employment for unionists.

He asked for permission to reinstate this claim.

The PresipentT: At the beginning of this case you withdrew

that clause.

Mr. Ciarxe: I understood your Honour to express the opinion

that the Act contained no power to the Court to give preference.

The PrestipENT: That is so.

Mr. Cuarke: Do I understand that to be a ruling of the Court, because I should like to draw the Court’s attention to a case on this point ?

The PresipEnT: I expressed the opinion that the Court had no power to give preference of employment to unionists. Iam still of that opinion.

Mr. CuarkKe: It was for that reason that I withdrew the

application, but I wish to re-open the matter.

The PresipEnT: I go further, and say that even if the Court had power to do so I should not give the preference. We have refused to do so in the past, and I should refuse todo soagain. In this case, indeed, there has been no disagreement between the

masters and the unionists at all. There has not been a suggestion

during the whole of the case that the masters have had any animus against the Union. It seems to be more the other way.

The Court reserved its decision, and on the 18th ‘day of

August, 1903, issued the following Award :—

In THE Court oF ARBITRATION, WESTERN AUSTRALIA.

In the matter of “ The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an Industrial Dispute between the Coastal Journeymen Butchers’ Union of Workers (hereinafter called the Union) and Albert

Co.; Holmes Brothers, Limited; T. Kelly ; H. Hunter; — Harkness;

T. Feakes; S. Masters; Eichhorn &§ Hempel, jand Phillips & Co. (here-

inafter called the envployers).

The Court of Arbitration of Western Australia (hereinafter called the Court) having taken into consideration the matter of the

above-mentioned dispute, and having heard the Union and the Employers by their respective representatives duly appointed, and having heard the witnesses called and examined on behalf of the unions and of the employers, and cross-examined by the parties

respectively, doth hereby order and award as follows :—

That as between the Union and the members thereof, and the

employers and each of them, the terms, provisions, and conditions

69

set out in the schedule hereto and of this Award shall be binding 1908. upon the Unions and the members thereof, and upon the Employers Cossrar and each of them, and the said terms shall be deemed to be and they jounneywen are hereby incorporated in and declared to form part of this Award. Butcuers’ And further, that the Union and the members thereof, and the UNION Employers and each of them, shall respectively do, observe, and Arprrr&Co. perform every matter and thing by this Award and by the said AND OTHERS. terms, conditions, and provisions respectively required to be done observed, and performed, and shall not do anything in contraven.

tion of this Award or of the said terms, conditions, and provisions, but shall in all respects abide by and observe and perform the same: And the Court doth further order that this Award shall apply to the industry or trade of Butchering, and that it shall be limited in its operations to an area comprised within a radius of fifteen miles from the General Post Office, Perth: And further, that this Award shall operate and continue in force from the first

day of September, One thousand nine hundred and three, until the first day of September, One thousand nine hundred and four.

THE ScHEDULE HEREINBEFORE REFERRED TO,

1. The hours of labour for shopmen, small-goods men, cart and order hands, salters, and others shall be sixty per week, as follows:—On Monday, Tuesday, Thursday, and Friday in each week from 5 o’clock a.m. till 5 p.m., during which time two hours shall be allowed off for meals. On Saturday from 5 a.m. till 9 p.m., with three hours off for meals.

2. (a.) The minimum rate of wages which shall be paid by employers to workers of the age of twenty years and upwards shall be as follows :—

£ s. d. To first shopmen and first small-goods

men 3 5 O per week each ‘To second shopmen and second small-

goods men ... 3 0 0 »

To carters who assist in the shop and shop and order hands ve .. 210 O per week

To salters 3 0 0 ” To casual hands for Satur day’s s work... 0 16 To assistant small-goods men.. 2 8 O per week each: To casual labour men on days other

than Saturday vee . O18 0

(b.) The minimum wage for boys, apprentices, or improvers under the age of twenty years shall be as follows :—

£ For the first year of service... re | For the second year of service 1

2 For the third year of service . 0

All clerks assisting in the shop shall be classed as second shopnien.

3. <All wages shall be paid weekly.

4. All work done on Eight-Hours’ Day, Christmas Day, Boxing Day,. New Year’s Day, Good Friday, Easter Monday, Union Picnic Day, Wednesday afternoon, and Sunday shall be paid for at double rates calculated for the tine the workman is actually engaged, and for not less than one hour in any case. Any other overtime worked shall be allowed at the rate of time and a-quarter, calculated as aforesaid.

5. Any workman who considers himself not capable of earning the wage mentioned in paragraph 2 hereof may be paid such less wage as shall from time to time be agreed upon, in writing, between any employer and. the Secretary of the Union, and in default of such agreement within twenty- four hours after such workman shall have applied, in writing, to the Secretary:

1903.

CoasTAL JOURNEYMEN BUTCHERS’

UNION

Vv,


70

of the Union stating his desire that such wage shall be agreed upon, then such wage as shall be fixed by the Chairman of the Conciliation Board for the South-West Industrial District upon the application of such workman, who shall give to the Secretary of the Union twenty-four hours’ notice of such application.

Any workman whose wage shall have been so fixed may work for and be employed by an employer at such less wage for the period of six calendar months, and after the expiration of such period until fourteen days’ notice, in writing, shall have been given him by the Secretary of the Union requiring his wages to be again fixed in the manner prescribed by this clause.

Provided always that no employer shall employ more than one such incompetent workman to every three fully-paid workmen or fraction of the first three.

IN WITNESS WHEREOF this Award has been signed by the President of the Court, and the seal of the Court has been hereto affixed, this 18th day of August, One thousand nine hundred and three.

S. H. PARKER, J.;

[SEAL | President.

71


Perth, Fremantle, and Suburban Bread Carters’ Industrial Union of

Workers

v.

Coastal District Master Bakers’ Industrial Union of Employers.

Industrial Dispute— Workers’ claims—Agent who is also a witness entitled to witness’ expenses—Claim for preference to Unionists struck out—Court dis- allows the examination of one witness with a view of contradicting the evidence of a previous witness on the same side—Court. has power to order payment for holidays— Award.

Per Presipent: If a person who is an agent in the case be subpeenaed

as @ witness, he is entitled to his expenses, especially if summoned to produce documents ; or, if notified of the day on which his attendance would be required, he is entitled to his expenses for that day.

The law here is that J decide things in this Court by equity and good conscience. That good conscience refers to my good conscience, and this precludes me from allowing you to call a witness to contradict what one of your own witnesses has already stated.

If carters are paid by the week, then it is competent for the Court to say that one day in the month should be a holiday for which no pay should he deducted. It is really only increasing the pay by a small amount.

Dissatisfaction had existed amongst the bread carters for about

two years prior to the making of this application to the Court, the

chief cause being originally the masters’ refusal to grant one holiday per month to the carters, who, unlike other tradespeople, owing to

the nature of their employment, were not usually allowed public holidays. Their dissatisfaction reached a head in September, 1902,

when a Union of Bread Carters having been formed, a request was made to the Master Bakers’ Association to grant a conference to delegates from the Union for the purpose of discussing the question of the holiday. This request was acceded to, and delegates from

each side met on the 21st October, 1902. The result of the conference was that the delegates, after discussion, failed to agree on

the questions of the holiday, and hours of labour (the latter point having arisen incidentally), the masters intimating that if the operative bakers could be persuaded to work without extra pay the double night which would be occasioned by the monthly holiday, they (the employers) would then consider the question. It was

settled that the carters’ representatives should interview the operative bakers with the object of endeavouring to secure their co- operation in the manner suggested by the employers, viz., by working the double night. The operatives were accordingly in- terviewed on the subject, but declinéd to perform the extra work which the holiday would entail without receiving extra pay therefor. The matter then lapsed until 10th February, 1903, when the Secre-

tary of the Bread Carters’ Union, under instructions, wrote to the

1903.

July 17, 23, 24, 27.

August 4, 6, 7,18.

1903.

BreapD CARTERS

Vv.

MASTER

BAKERS.

72

Secretary of the Master Bakers’ Union putting forward certain pro-

posals, and requesting another conference with the employers’ delegates for the discussion of the same. The chief terms of those

proposals were, that an industrial agreement should be entered into for two years between the parties, embodying the following provisions, namely: that such agreement should apply to an area comprised within a radius of 25 miles from the General Post Office, Perth; that the hours of labour for carters should not exceed 60 per week; that a minimum wage of £3 per week be paid; that overtime be paid for at the rate of time and a-half; that carters should

be allowed one full holiday per month on the third Wednesday, and

that preference of employment be given to members of the Union.

On the 20th February the Union caused a further letter to be written to the Masters’ Association to the effect that its members,

having reconsidered the terms of the proposals put forward by them

as the basis of a proposed industrial agreement, had come to the

conclusion that the same were too indefinite, and that they were

therefore withdrawn unconditionally. On the 9th April, 1903,

the Workers’ Union having redrafted their claims, again wrote to

the Secretary of the Master Bakers’ Association, enclosing a copy

thereof and asking for a conference to discuss them. To this the

Master Bakers’ Union made reply that its members had already

failed to agree in conference with the workers on the question of

the monthly holiday, consequently it appeared to them to be a

useless waste of time to again discuss that point, together with

several additional ones.

On the 26th May, 1903, the Union lodged an application

referring the dispute to the Court, submitting the following issues for settlement, :—

1. Whether 54 hours shall constitute a week’s work, such 54

hours to include the time necessary for stabling, attendance on horses, loading of carts, Sunday work, and one hour per day for

meals ?

2. Whether the carter shall commence his day’s work from the time he arrives on his Employer’s premises, and end his work

when he finally leaves them. The hour for commencement of work

shall not be before 6 a.m. ?

3. Whether the minimum rate of wage shall be 60s. per week of 54 hours, for competent carters ?

4. Whether overtime shall be paid at the rate of time and a-half? Six hours to be the limit per week.

5. Whether the third Wednesday in each month shall be set

apart as the Bread Carters’ Monthly Holiday, and that no bread carter shall do any work on his employer’s premises on such holiday, and no reduction in pay shall be made in respect of such holiday, or whether the Court will grant the following public holidays :—

Christmas Day, Boxing Day, New Year’s Day, Foundation Day,

73

‘Good Friday, Easter Monday, Prince of Wales Birthday, King’s

Birthday, Eight Hours’ Day, and Federation Day, if proclaimed, or double rates of pay for all work done on such holidays?

6. Whether a bread carter shall be allowed to board or lodge

on his employer’s premises ?

7. Whether the Employers shall keep time-sheets for the purpose of signing on and signing off, such time-sheets to be open to

inspection by the Secretary of the Union at least once every three

months? The time-sheets to be signed by the bread carter.

8. Whether a worker who considers himself not capable of earning the minimum wage may receive such less wage as may

be from time to time agreed upon, in writing, between the Employer

and the Secretary of the Bread Carters’ Union, and in default of

such agreement, such wage as shall be fixed, in writing, by the Chair-

man of the Conciliation Board for the Industrial District, upon the

application of the aforesaid Employer or Secretary, always provided that 24 hours’ notice of such application shall be given, in writing, to each party concerned in the application; also that each party have

the privilege to appear before the Board, if so desired by him.

And that no more than one such worker shall be employed by the Employer to every complete five workers receiving the minimum wage.

9. Whether an Employer engaging a carter shall do so only

on the condition that within one month from the date of the

engagement the said carter shall become a member of the Bread Carters’ Union ?

10. Whether all wages shall be paid weekly ?

ll. That the area of operation of this award shall be

the area comprised within a radius of 20 miles from the General

Post Office, Perth, and the term for which it shall be in force shall

be two years.

Mr. Andrew Bruce Spence for the Workers’ Union.

Mr. John Phair for the Employers’ Union.

Mr. Spence, before opening his case, required the direction of

the Court as to whether he was bound to pay witness expenses to

Mr. Phair, whom he had subpenaed as a witness to give evidence on behalf of the Workers’ Union. Considering that Mr. Phair appeared there as the Agent for the Employers’ Union, his attendance in the Court was necessary during the whole of the hearing in order that he might carry out his duties in that capacity. ‘Section 81 provided that no costs should be allowed on account of Agents, Solicitors, or Counsel. Mr. Phair had been informed that

he would be notified when his attendance would be required.

The Presipent: I think if you subpenaed him as a witness

you are liable for his expenses, especially if you summon him to

1903,

BREAD

CARTERS

v. Master

BAKERS.

-1903.

BreEap

CARTERS Vv.

Master

BakERs.

74

produce documents. Considering you have notified him of the day when his attendance would be required, he would be entitled to the expenses of that day.

Mr. Spence then opened his case and dealt with each item of the Workers’ claims seriatim.

The Employers agreed to clause 10 and part of clause 11, but disputed the remainder of the claims.

As to Clause 9, claiming preference of employment to Unionists and compelling all workers to become members of the Union, the President, following the previous rulings of the Court on the point notified his intention of striking out this claim.

Mr. Spence, in contending for the retention of this clause, argued that it was justifiable under Section 2 (d.) of the Act. He cited, in support of his contention, a recent Award made in New South Wales in a similar dispute.

The Presipent, on behalf of a majority of the Court, refused the claim.

The evidence was then proceeded with.

When examining Mr. William Burns, a Master Baker whom he had called as a witness, Mr. Spence desired to ascertain whether

some of the Master Bakers did not purchase their flour at reduced

rates, under some special contract, and further, whether the Masters

did not make at least one penny net profit on each loaf.

The witness objected to give this information in open Court, on the ground that its public disclosure would be prejudicial to the interests of his firm. He explained that he had been subpwenaed to produce his books, and he had done so. He objected to disclosing the whole of his business.

The PresipEnt: I don’t think we can ask any more from this.

gentleman but that he should put in his books.

Mr. SPENCE, persisting in his questions on the points mentioned,

contended that he was entitled to the information he required from

the witness. The President called his attention to Section 75, Sub-

section 3, which seemed to prohibit the Court from making public

such evidence.

Ata later stage Mr. James Knight was called as a witness on

behalf of the Workers’ Union for the purpose of refuting certain statements adverse to the workers’ interests, previously made by one of their witnesses (Mr. Burns).

The Presipent: You call him to contradict Mr. Burns ?

Mr. Spence: He will contradict Mr. Burns. I have no other

questions to put to him.

The Presipent: You cannot contradict your own witness.

Mr. Spence: In Svdnev a good deal of latitude is allowed.

75

The Presipent: The law here is that I decide things in this

Court by equity and goud conscience. That good conscience refers to my good conscience, and my good conscience precludes me from allowing you to call a witness to contradict what one of your own

witnesses has already stated.

The workers’ case having concluded, Mr. Phair opened the ease for the Employers. He desired the ruling of the President as to whether the Court had power to direct that Employers should pay their employees for holidays, because if this were so, it would

be necessary, for him to call evidence on the subject.

Presipent: I should imagine that if carters are paid by the week, then it is competent for the Court to say that one day in the month should be a holiday, for which no pay should be deducted. It is really only increasing the pay by a small amount.

The following proposals for settlement put forward on behalf of the Employers’ Union show the views taken by them of the

claims made by the Workers’ Union :—-

Re Clause 1 of Workers’ demands.—‘ That 48 hours constitute a week’s work.” The Employers request the substitution of the following :—“‘ That 66 hours, exclusive of meal hours, but inclusive

of all stable work, loading and unloading carts, attendance on horses and similar work, shall constitute a week’s work.”

Re Clause 2.—“ Time of starting work by carters.” The Employers request that this clause be amended so that the hour of starting shall be left to the discretion of the Employers, but shall not be before 5°30 a.m.

Rte Clause 3.—‘‘ Minimum rate of wage.” The Employers request that a minimum wage of 42s. per week, of 66 hours, exclusive of meal hours, be recommended; provided such minimum wage

shall not apply to carters during the first week they are engaged in

learning their rounds.

Re Clause 4.—“ Overtime rate.” Suggested that ordinary time

only be paid.

Re Clause 5.—“ Monthly Holidays on Full Pay.” Suggested— “That this clause be struck out of the Court’s award.”

Re Clause 6.—“ Employers not to board and lodge carters.” Suggested—“ That this clause should be struck out. The Employers request that this be left optional by the Court.”

Re Clause 7.—‘‘ Employers to keep time sheets.” The Masters make application—“ That this clause be struck out by the Court.”

Re Clause 8.—“ Issue of permits to incompetent carters.” Sug- gested—That this clause be amended as follows:— “‘ Any carter who

considers himself not capable of earning the minimum wage may

Teceive such less wage as may from time to time be agreed upon, in writing, between the Employer and the Secretary of the Bread Carters’ Union, and in default of such agreement such;wage as shall be fixed,

1903.

BREAD

CARTERS v.

Master

BaKERS,

1903.

Breap

CARTERS Vv,

Mastrer

Bakers.

76

in writing, by the Chairman of the Conciliation Board for the Industrial District, upon the application of the aforesaid Employer or Secretary ; also provided that 24 hours’ notice of such application shall be given in writing to each party concerned in the application ;

also that each party have the privilege to appear before the Board if so desired by him.”

The Employers ask that all the words after the word “him,”

in line 7, be struck out.

Re Clause 9.—‘ Preference to Unionists.’ The Employers contend that this clause should be struck out, the Court having

already ruled that it had not the power to impose such a term.

The Employers also ask that the following clause be substituted, viz.:—‘ Unionists and Non-unionists shall work together in harmony, and no interference whatever from Employer or Unionist shall be permitted.”

Re Clause 10.—“ Wages paid weekly:” This clause is agreed to.

Re Clause 11.—‘‘ Area of Award:” The Employers disagree: with the terms of this clause, and request the following amendment :—‘‘ The award shall be in operation within a radius of 20 miles from the General Post Office, Perth, and shall be binding upon all Master ‘Bakers, Storekeepers, and retailers of bread

selling or exposing bread for sale.”

Re Clause 11a.—“ Period of Award:” ‘“‘The Employers urge. that any award should not exceed twelve months in duration.”

The respondent Employers further claim the following conditions :—

Clause 12.— “‘ Carters’ Agreement:” “That if the Employer so desires the bread carter shall enter into an agreement in the form of Schedule 1 to these proposals, which agreement shall be under the seal of the West Australian Chamber of Manufactures,. Incorporated.”

Clause 13.—‘ That in the award of the Court a period of two months should be allowed to enable the Employers to meet the-

altered conditions.”

Clause 14.—“Sanitary Condition of Premises:” ‘“ Every person making, selling, or exposing bread for sale shall keep such premises in aclean, healthy, sanitary condition, and in order to give effect to the foregoing provisions shall, within one month after the passing of this award, register such premises upon the books of

the West Australian Chamber of Manufactures, Incorporated, and

any person duly authorised by such body may inspect such premises during business hours and interrogate any person therein for the- purpose of ascertaining whether this award is being observed.”

77

ScHEDULE 1.

An AGREEMENT made the day of one thousand nine hundred and , between carrying on business as a baker at (hereinafter called the “ Employer ”), of the one part, and of bread carter (hereinafter called the ‘‘ Employee ”’), of the other part, whereby it is agreed as follows, that is to say :—

1, The Employee shall and will serve his Employer, his successors or assigns in the said business in the capacity of a bread carter, for one week certain from the date hereof, and until the expiration of one week’s notice, to be given at any time by either party to the other of them to determine the contract and service, at the wages hereinafter mentioned.

2. The Employee shall devote the whole of his time and attention to the said business, and shall not, directly, or indirectly, be employed in any other business or employment during the term of kis said employment by the Employer, and will at all times readily and cheerfully obey and execute the lawful and reasonable demands of the Employer, his successors or assigns, and will at all times conduct himself with all due diligence, honesty, and propriety, and if required, either during the term of his employment or on the determination thereof by notice aforesaid, will show to the Employer, or such person or persons as he or they shall appoint, the round or rounds upon which he has, during his employment, been engaged, and the customers supplied therein.

3. The Employee, in consideration of the wages to be paid to him as hereinafter mentioned, shall not, nor will, during the term of his service, or for the period of one year from the termination thereof, under this agreement, either directly or indirectly, disclose or divulge the secrets of the said Employer relative to the said trade or business, or the names of his customers, or solicit or endeavour to obtain the custom of, or serve, or cause

to be served, with bread, or either directly or indirectly interfere with, or

cause to be interfered with in any way, any of the persons within a radius of five miles from the bakehouse of the said Employer, situated as aforesaid,

who were, during the continuance of his employment under this agreement, customers of the Employer, his successors or assigns, or directly or indirectly do anything prejudicial to the business of such Employer.

4. The Employer shall and will engage and employ the Employeeas a bread carter upon the terms aforesaid, and pay to him during the continuance of his employment wages at the rate of pounds per week.

In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written.

Signed, sealed, and delivered by the Employer | (.8,) in the presence of

Signed, sealed, and delivered by the Employee (L.s.) in the presence of

After hearing the evidence submitted by the Employers, and the addresses of the representatives, the Court adjourned to consider its Award.

On the 18th day of August, 1903, the following Award was published :—

In tHE Court oF ARBITRATION OF WESTERN AUSTRALIA.

In the matter of “ The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an Industrial Dispute between the Perth, Fremantle, and Suburban Bread Carters’ Industrial Union of Workers (hereinafter called the “ Union”’) “and the Coastal District Master Bakers’ Industrial

Union of Employers (hereinafter called “the Employers.” )

The Court of Arbitration of Western Australia (hereinafter called “the Court”) having taken into consideration the matter of

the abovementioned dispute and having heard the Union and the employers by their respective representatives duly appointed and

1903.

BREAD CARTERS

Maree BakERs.

1903.

BREAD

CARTERS

de MASTER

BAKERS,

78

having heard the witnesses called and examined on behalf of the Unions and of the employers and cross-examined by the parties

respectively, doth hereby order and award as follows :-—

That as between the Union and the members thereof and the employers and each of them, the terms, provisions, and conditions

set out in the schedule hereto and of this award shall be binding upon the Union and the members .thereof and the employers and each of them, and the said terms shall be deemed to be and they are hereby incorporated in and declared to form part of this Award, and further that the Union and the members thereof

and the employers and each of them shall respectively do, observe,

and perform every matter and thing by this Award, and by the said terms, conditions, and provisions respectively required to be

done, observed, and performed, and shall not do anything in con-

travention of this Award, or of the said terms, conditions, and

provisions, but shall in all respects abide by and observe and

perform the same. And the Court doth further order that this Award shall apply to the industry of bread carting, and that. it shall be limited in its operations to an area comprised within a

radius of fifteen miles from the General Post Office, Perth. And further that this Award shall operate and continue in force from the 24th August instant, until the 24th day of August, one thousand

nine hundred and four.

THEr SCHEDULE HEREINBEFORE REFERRED TO.

1, Sixty hours shall constitute a week’s work, except for the week in which the monthly holiday occurs, when the week’s work shall be fifty-two hours. These respective weekly hours to be exclusive of meal hours. Any work done by any worker during any week after such sixty hours or fifty-two hours (as the case may be) work shall have been performed shall be paid for at the overtime rate hereinafter mentioned.

2. The day’s work shall be deemed to have commenced when the employee has arrived on the master’s premises. The day’s work shall not commence earlier than the hour of 6 a.m.

3. The minimum rate of wages for competent carters of the age of eighteen years and upwards shall be Two pounds ten shillings per week.

4. Overtime shall be paid for at the rate of One shilling and three pence per hour for all time worked in excess of the sixty hours in any one week, or the fifty-two hours, as the case may be.

5. The third Wednesday in each month shall be set apart as the bread carters’ monthly holiday, in respect of which no reduction in his week’s wage shall be made. All work performed by the carter at the request of the master or his foreman on such holiday shall be paid for at the rate of One shilling per hour, in addition to his weekly wage.

6. Bread carters shall not board or lodge with the master. But this provision shall not apply in cases of father and son, grandfather and grand- son, and uncle and nephew.

7. Any carter who considers himself not capable of earning the wage mentioned in paragraph 3 hereof may be paid such less wage as may from time to time be agreed upon in writing between any employer and the Secretary of the Union, and in default of such agreement, within twenty- four hours after the carter shall have applied in writing to the Secretary of the Union, stating his desire that such wage shall be agreed upon, then such wage as shall be fixed by the Chairman of the Conciliation Board for the South-West Industrial District, upon the application of such workman, who shall give to the Secretary of the Union twenty-four hours’ notice of such application. ‘The said Secretary shall, if desired by him, be heard by such Chairman upon such application.

79

Any workman whose wage shall have been so fixed may work for and be employed by an employer ‘at such less wage for the period of six calendar months, and after the expiration of such period until fourteen days’ notice in writing shall have been given him by the Secretary of the Union, requiring his wages to be again fixed in the manner prescribed by this clause.

Provided always, that no master shall employ more than one such incompetent workman to every three fully-paid workmen or fraction of the first three.


9. If the master so desires, the bread carter shall enter into an agreement in the form in Schedule 1 subjoined to this Award.

IN WITNESS WSEREOF this Award has been signed by the President of the Court and the seal of the Court has been hereto affixed, this eighteenth day of August, One thousand nine hundred an | three.

S. H. PARKER, J., [SEAL. | President.

SCHEDULE 1.

An AGREEMENT made the day of 190 between carrying on business as a baker at hereinafter called the Employer of the one part and of Bread Carter hereinafter called the employee of the other part whereby it is agreed as follows, that is to say :—

1. The employee will serve the employer, his successors or assigns in the said business, in the capacity of a bread carter for one week certain from the date hereof and until the expiration of one week’s notice to be given at any time by either party to the other of them to determine the contract and service at the wages hereinafter mentioned.

2. The employee will, on the determination of his employment, show to the employer, or such person or persons as he shall appoint, the round or rounds upon which he has during his employment been engaged and the customers supplied therein.

3. The employee, in consideration of the wages to be paid to him as hereinafter mentioned, shall not during the term of his services or for the period of one month from the termination thereof, either directly or indirectly, disclose or divulge the names of the customers of the said employer, or solicit, or endeavour to obtain the custom of any of the persons to whom he has been in the habit of delivering bread during the last three months of his employment under this agreement.

4. The employer shall engage and employ the employee as a bread carter upon the terms aforesaid, and pay to him during the continuance of his employment wages at the rate of pounds per week.

In Witness whereof the said parties have thereunto set their hands the day and year first above written.

SieNrEp by the employer in the presence of

SIGNED by the employee in the presence of

1903.

BreaD

CARTERS v,

Master

BakERs.

1903.

September 3.

80


Peak Hill Branch of the Amalgamated Workers’ Union

v.

The Peak Hill Goldfields, Limited.

Application for interpretation of certain portions of the Award of the 27th February, 1903—Amalgamators not being covered by the Award, Court unable to deal with their wages-—If party guilty of lockout the remedy lies under Sec- tion 98 by taking summary proceedings—No answer made by Court to majority of questions asked, same held over pending the return of Mr. Justice Burnside, who presided at the hearing of the dispute.

Per PREsIDENT: As amalgamators do not come under the Award, the

Court cannot, in this application, deal with their wages at all. Such men are left free to contract with their employers, and could decline to work under a certain rate of pay, and the employers are similarly left free.

If the employers have been guilty of doing something in the nature of a lockout by reducing the wages of the men, the proper course to take, as laid down by Section 98 of the Act, is to bring proceedings against them summarily, and have them convicted of the offence. It would not be proper for the Court to express an opinion on what may probably go before a magistrate.

The facts are fully set out in the decision signed by the Presi-

dent of the Court, which was as follows :—

In tHE Court oF ARBITRATION, WESTERN AUSTRALIA.

In the matter of “The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an industrial dispute between the Peak Hill branch of the Amalgamated Workers’ Union (hereinafter referred to as the Union) and the Peak Hill Goldfields Limited (hereinafter referred to as the Employers).

Decision. 3rd September, 1903.

In this matter an application is made to the Court by the

Union for an interpretation of certain portions of the award made by the Court herein on the 27th day of February, 1903. The application is made under Section 85 of the Act, and the circumstances leading up to the application appear to be as follow :—

By the terms of the application lodged by the Union in the

original dispute the Court was requested to fix a minimum rate of wages for persons employed by the company in the capacities of mill hands (by which term was meant amalgamators), open-cut

men, filterpress men, and unskilled surface labourers. By one

clause in the Award tradesmen, mechanics, engine-drivers, amalgamators, mechanics’ labourers, oilers and greasers, and cleaners were expressly exempted from the provisions thereof. Further, the

Award fixed the minimum wage for surface labourers at 12s. 10d.

per shift of eight hours, and defined the term “surface labourers ” as including pick and shovel men, sailor-gang men, lumpers,

31

battery feeders, slime, sand, and wood truckers, wood trimmers, and

general labourers.

From the statement of the Union’s representative at the hearing, it appeared that subsequent to the delivery of the Award the employers had made a reduction in the wages of amalgamators; and had classed as surface labourers the men engaged in the open cut on the Peak Hill mine, also strikers, firemen, greasers, cleaners, and mechanics’ labourers, and had since been paying these latter

employees the minimum rate prescribed for surface labourers by the Award. The opinion of the Court was sought on questions arising

in connection with the classes of workmen mentioned. Mr. Holman,

on behalf of the Union, contended that the employers had no power to reduce the wages of any worker without first seeking the inter- vention of the Court, and mentioned a case which came before the

Court at Cue, in which certain employers were penalised by being ordered to pay to the workers an amount which had been deducted

from their wages whilst the case was pending. He further contended that such an action on the part of the employers was tantamount to a lockout. If, on the other hand, the men ceased working for the wages set by the employers, such action might be construed as a strike. As to the open-cut men, the Union con-

tended that some of these men were engaged at hammer and drill work, and consequently were miners. [Certain evidence taken at the original hearing was cited in support of this contention.] They worked in the open-cut in some instances at a depth of 80 feet from the surface. Previous to the Court proceedings they were paid at the same rate as miners, but many of them had since been, and were at

the present time being paid at surface labourers’ rate. It was contended that those of the open-cut hands who were not hammer and

drill men should be classed as underground mullockers, and this was considered by the members of the Union to have been the intention of the Court. With regard to the filter-press men, it was contended that under the Award they should be paid the same rate as the men working in the cyanide vats; that it must have been an oversight on the part of the Court to have omitted them from the Award. Mr. Holman further requested the Court to decide on

other questions detailed hereunder.

On behalf of the employers, Mr. Downing contended that there were only three amalgamators employed by the employers, that they were excluded from the provisions of the Award, and that most of the open-cut men were surface labourers, as all they were required to do was pick and shovel and wheelbarrow work. They did no firing, as this was done by other men known as powder

monkeys. That the hammer and drill men in the open cut were paid the same rate of wages as miners, although they should not be classified as miners, their work being ordinary navvies’ work. He referred to the evidence of witness McGrath, taken at the original hearing. There was more danger to put up with and more skill required in underground working. That qpen-cut men could only be

1903.

Prax Hin

WORKERS’

UNION

Vv.

Prax HiLy

OLDFIELDS, LIMIrep.

1903.

Peak Hit

WORKERS’

Union v.

Peak Hrut GOLDFIELDS, LIMITED.

82

classed as similar to men working in aquarry. That, finally, it was. not skilled work. That the filter-press men were labourers pure and

simple, who worked on the surface and were consequently paid surface labourers’ wages. They were not mentioned in the Award.

As to Question 16 (infra) he contended that as miners were some-

times put on shovelling, etc., in order to complete a shift’s work

and not lose time they were paid at shovellers’ rate for the time they were engaged at that work.

The following is a copy of the questions submitted for the

decision of the Court :—

1. Whether mill hands (amalgamators) come under the Award. If so, how classified ?

2. If not, whether they are entitled to the rate of wage paid them previous to the award ?

3. Are the open-cut men classed as underground or surface hands (These men are working any depth down to 80 feet below the surface. Some of them are working as haminer and drill men,

others shovelling, wheeling, etc. Mr. Hall* in his notice put them

at 5s. per week above surface labourers.)

4, Must hammer and drill men be classed as miners ?

5. Must the shovellers be classed as underground mullockers ?

6. Are they entitled to the Award rate from date of same

7. If not, how do they stand ?

8. Are the filter-press men to be classed as surface labourers, or the same as cyanide vat men, as in other Awards ?

9. Would they be entitled to back time if reduced to surface labourers’ rates after Award received

10. Can strikers, firemen, greasers, cleaners, and machine

labourers be classed and paid as surface labourers /

1]. Are they entitled to the rate received previous to the Award ?

12. Can mechanics or other workers not dealt with in Award

be reduced in wages withoutan appeal to, and an Award from the Court ?

13. If reduced would they be entitled to arrears ?

14. Are all workers not dealt with by Award entitled to rate of wages received previous to the Award ?

15. Are both men employed on the rock drills entitled to: the game rate of wages /

16. Cana miner be taken from the face and put shovelling for, say, half a shift, and be paid mullockers’ wages for such time, or must he receive the rate paid to miners (he being entitled to

receive the latter rate, being engaged as a miner) ?

_* The manager for the Peak Hill Goldfields, Limited.

33

With reference to question 2, the President, on behalf of the

majority of the Court, expressed the opinion that as amalgamators

did not come under the Award, the Court could not in this appli-

cation deal with their wages at all. Such men were left free to contract with their employers, and could decline to work under a

certain rate of pay, and the employers were similarly left free. If, as contended on behalf of the Union, the employers have been guilty of doing something in the nature of a lockout, by reducing the wages of these men, the proper course to take, as laid down by

Section 98 of the Act, is to bring proceedings against them summarily, and have them convicted of the offence. It would not be proper for the Court to express an opinion on what may probably go before a magistrate.

As Mr. Justice Burnside presided at the hearing of this dispute, the Court deemed it advisable to allow a number of the questions asked to stand over until his return before definite answers would be given.

The following are the answers made by the Court to the questions submitted :—

1. Amalgamators do not come under the provisions of the

Award, and, consequently, are not classified.

2, 3, 5, 6, 7, 8, 9, 12, 138, 14. The answers to these questions are held over for consideration by Mr. Justice Burnside.

4. Yes.

10. Firemen, greasers, and cleaners were struck out of the Kalgoorlie Award, and were not intended to have been included in the Peak Hill Award.

1]. This answer will be similar to the answer to question 2, and is deferred pending the return of Mr. Justice Burnside.

15. Yes; both men must be paid at least the minimum rate of wages for rock drill men.

16. If a man is engaged as a miner he must be paid as a miner. If engaged as a surface labourer he must be paid as a miner if sent mining for any portion of his shift; for instance, if a man is put on shovelling for half a shift, and mining the other

half, he must be classified as a miner. If a man is engaged asa miner, and he is put on shovelling, etc., to complete his time, he

also is to be paid as a miner for the whole of that shift, the term of engagement being per shift only.

8S. H. PARKER, J., President.

1903.

Peak Hiiy

WorRKERS’ Union

v. Prax HI

GOLDFIELDS, LivivTEeD,

1903.

EASTERN

GoLDFIELDS

Horet anD

RESTAURANT EMPLOYEES

Vv.

Cook AND OTHERS,

88

3. (a.) The hours of work for all workers, except porters, shall be sixty per week, exclusive of meal hours, and in the case of male employees shall not exceed eleven, in the case of female employees shall not exceed ten hours in any one day, unless the excess be paid for at the overtime rate hereinafter prescribed. Provided always, that during the week when the worker shall be entitled to his or her monthly Sunday holiday (hereinafter mentioned) he or she shall not work more than fifty-two hours, unless paid overtime as hereinafter provided for.

(b.) In the case of workers employed in hotels, restaurants, oyster saloons, grill, tea, and dining rooms, the day’s work shall be performed between the hours of 6 a.m. and | a.m. the following morning.

(c.) The hours of work for day porters shall not exceed eleven per day, and shall be between the hours of 6 a.m. and 9 p.m. The hours of work for night porters shall not exceed 11 per night, and shall be between the hours of 9 p.m. and 8 a.m.

4. Any worker, except a porter, who shall be employed for a longer: period than 60 hours in any one week or 52 hours during the week in which he or she is entitled to the Sunday holiday (as hereinafter prescribed), or any male worker who shall be employed for a longer period than 11 hours, or any female worker who shall be employed for a longer period than 10 hours in any one day shall be entitled to payment for any time so worked beyond the hours herein mentioned at the rate of time and a-half.

Porters shall be entitled to be paid overtime at the rate of time and a- half for all hours worked by them in excess of the hours prescribed by Clause 3 (c) hereof.


6. Any worker who considers himself or herself not capable of earning the wage mentioned in paragraph 1 hereof may be paid such less wage as may from time to time be agreed upon in writing between any employer and the secretary of the Union; and in default of such agreement, within twenty-four hours after the worker shall have applied in writing to the secretary of the Union stating his or her desire that such wage shall be agreed upon, then such wage as shall be fixed by the Chairman of the Con-. ciliation Board for the Eastern Industrial District, upon the application of such worker, who shall give to the secretary of the Union 24 hours’ notice of such application. ‘The said secretary shall, if desired by him, be heard by such Chairman upon such application.

Any worker whose wage shall have been so fixed may work for and be employed by an employer at such less wage for the period of six calendar months, and after the expiration of such period, until 14 days’ notice in writing shall have been given him or her by the secretary of the Union requiring the wage to be again fixed in the manner prescribed by this clause.

Provided always, that no employer shall employ more than one such incompetent worker to every three fully-paid workers, or fraction of the first three.

7. All employers shall keep a record of all workers employed, and of the rates of wages paid to each worker, and such record shall be open to inspection by any party upon an order issued by the President of the Court.»

8. Each worker employed on Sundays shall, after he or she shall have continued for three consecutive weeks in the service of any employer, be allowed the whole of the fourth Sunday off duty, in addition to any other holidays or half-holidays provided by any present or future Act of Parlia- ment, and he or she shall be entitled to the same concession from the

employer on every fourth Sunday thenceforward during the time he or she shall remain in the employer’s service.

IN WITNESS WHEREOF this Award has been signed by the President of the Court, and the seal of the Court has been hereto

affixed this third day of September, One thousand nine hundred and three.

oo, S. H. PARKER, J., [SEAL | President.

89


The South-West District Timber Hewers’ Union of Workers

v.

Millar’s Karri and Jarrah Forests, Limited, and George Bazter.

Ezparte applications for directions as to whether a recommendation of a Board of Conciliation has (1.) the effect of an Industrial Agreement, and (2.) the effect of an Award—Recommendation not binding upon parties other than those named therein.

Section 92 prescribes the method of enforcing Industrial Agreements and Awards of the Court. Under Section 56 a Recommendation of the Board, after standing unchallenged for one month, has the effect of an industrial agreement. Industrial agreements, under Section 26, are binding upon the parties thereto or who have concurred therein, consequently they are not binding upon persons who are not parties thereto, or who have not concurred therein.

This dispute had been heard before the Board of Conciliation

for the South-West Industrial District on the 3lst January, 1903, on the application of the Workers’ Union, which had requested the Board (inter alia) to make th» terms of its recommendation applic-

able to all the employees in the South-West Industrial District. A recommendation was made by the Board, which has been detailed

previously (see p. 1338, Vol. 1.).

Clause 4 of that recommendation reads as follows :—

“ The terms of this Recommendation shall apply to the whole of the South-West Industrial District, and shall have a currency of

12 months from the lst day of March, 1903.”

The Union, being perfectly satisfied with the terms imposed by the recommendation, had notified the Clerk of Awards to that effect, and the employers having failed to avail themselves of the provisions of Section 56 of the Act, might be considered to have

also been satisfied. The Recommendation was, therefore, in full force at the time of this application.

After the Recommendation had existed some little time, one of the above-named respondents, Mr. George Baxter, had sold out his business to an English company, which, in carrying on operations,

it was alleged, had committed breaches of the Recommendation.

The Union now sought directions as to whether the Recommenda-

tion, by virtue of Section 56, Subsection 2, did not apply to the whole of the employers in the South-West Industrial District.

Mr. A. J. Wiuson (for the Union): We make this application

under Section 100, Subsection 1 (d.) of the Act.

The Presipent: It seems to me that Section 100 only refers to disputes pending before the Court or Board. There is no dispute here.

1908.

September 3, 16.

1903.

S.W. TIMBER

HEWERS UNION

Vv.

MILLAR’s KARRI AND JARRAH CoMPANY, Lrp., AND ANOTHER.

90

Mr. Wiuson: We have notified the employers that if they continue to cominit these breaches we shall be compelled to take action. A dispute, therefore, in our opinion, is pending, and this justifies us in making this application. Subsection 3 of Section 100 gives us power to ask the Court to state the issues which shall

be submitted to the Court. Consequently, we want to know what those issues shall be, so that we can submit them to the employers for them to answer.

The Presipent: Under Subsection 38 of Section 100 it

appears to me that there must be a dispute pending before the Court. There is none here. You say that you have some reasons

for complaining that the employers are not carrying out this award,

but there is no dispute before us at present. You are asking us to construe a Recommendation which has the effect of an industrial agreement with a view of determining, I suppose, whether you can successfully proceed against the employers. I don’t think that is our province.

At this stage the matter was adjourned, the representative

being directed to bring the matter before the President in Chambers at a subsequent date.

On the 16th September the discussion was resumed in Chambers

before the President, when His Honour concluded with the

following remarks :—Section 92 prescribes the method for enforcing industrial agreements, and the same provisions apply for the

enforcement. of awards. Section 56 provides that if no reference has been made to the Court within one month after the Board’s Recommendation has been filed such recommendation shall operate and be enforceable in the same manner in all respects as an industrial agreement duly executed and filed bv the parties. Section 26 provides that industrial agreements shall be binding on the parties who execute the same or concur therein, and also upon every member of an Industrial Union or Association which is a party thereto. This being so, I cannot make an industrial agreement or

recommendation binding upon persons who are not parties thereto,

Baxter and Millar’s Company, being already bound by the Recom- mendation, it ought to be satisfactory to them to have all other employers similarly bound. You could, therefore, bring the matter

before the Board, citing the new company, and the Board would,

doubtless, make a recommendation identical with the one already in existence.

Mr. Wiusow: If, then, any employers were cited but were not

mentioned as parties in the Recommendation, they would not. be bound by its provisions.

The Presipent: No; the names of the parties to the dispute should be set out in the Recommendation.

91


Coastal Journeymen Butchers’ Union of Workers.

v.

Holmes Brothers & Co., Limited; Albert & Co.; T. K elly ; J. Feakes; S. Masters; Eichhorn & Hempel; and Phillips & Co.

Application for enforcement of Award—Objection raised that copy of Award

should have been served with the application on each of the Respondents— Objection overruled—Breach of Award established as against some of the above- named respondents, when fine inflicted with costs— Application dismissed with costs as against others.

In an application for enforcement of an Award of the Court of Arbitra- tion an objection having been taken that the application must fail owing to the neglect on the part of the Appellant to serve the Respondents with a copy of the Award— Held, per President, that no such service was necessary in an application to enforce an Award as against the original parties to the industrial dispute ;

But whether such service is necessary or not in the case of a person not party to the original dispute, quexre. -

The application in this matter showed that by an award of the

Court of Arbitration, dated the 18th of August, 1903, it was

directed (inter alia) that the hours of labour for shopmen, small goods men, cart and order hands, salters, and others should be

sixty per week, as follows:—On Monday, Tuesday, Thursday,

and Iriday in each week from 5 o'clock a.m. till 5 o’clock p.m., dur-

ing which time two hours were to be allowed off for meals; On

Saturdays from 5 a.m. till 9 p.m., with three hours off for meals: And again that all work done on Eight Hours Day, Christmas Day, Boxing Day, New Year’s Day, Good Friday, Easter Monday,

Union Picnic Dav, Wednesday afternoon, and Sunday should be

paid for at double rates, calculated from the time the workman was

actually engaged, for not less than one hour in any case; and that

any overtime worked was to be allowed at the rate of time and a

quarter calculated as aforesaid. -

The application then alleged that a breach of this Award had heen committed by the above-named respondents, being parties on whom the Award was binding, in that on the Ist, 3rd, 4th, and 7th

davs of September, 1903, they caused their shopmen and other

hands to work after the hour of 5 p.m. and did not pay overtime rate for such work.

Mr. A. J. Wilson for the Union.

The case against Holmes Brothers & Co., Limited, was dealt

with first. Mr. C. A. Hudson, who appeared for this firm, raised the preliminary objection that this being an application for enforce-

ment of Award under Section 92, Subsections 2 and 3, the Union

should have caused a copy of the Court’s Award to have been’

1903.

October 22.

1908.

CoasTaL

Burewers’ NION Vv.

Houmes Bros. & Co.,

Lrp., anD OTHERS.

92

served upon each of the Respondents in order to clearly inform

them of the grounds of the application. Explicit notice should have been given. He cited in support of his argument the case Reg. v. Scott (Vic. L.R.), where the Court held that the defendant

ought not to be required to show cause why he should not be punished for disobedience of an order until a copy of that order

had been served upon him, that he was entitled to know with

certainty what he was required to obey. No copy of the Award

had been served in the present instance, and therefore the application

must fail.

Mr. A. J. Wiuson (in reply): All the Union was required to

do in a matter of this description was to comply with the

regulations which prescribed the means for moving the Court in

these cases. Subsection 2 of Section 98 stated that the application might be made in the prescribed form. ‘‘ Prescribed” was defined

in the Act to mean “prescribed by regulations under the Act.” These regulations had been followed. The Court would be safe in assuming that the respondents had had notice of the terms of the

Court’s Award. They had in other matters observed its terms.

The PresipENT: Section 92 and subsections are very clear.

Subsection 2 refers to any party on whom the Award is binding.

Now, Holmes Brothers were one of the parties on whom the Award

was binding. They were present in Court when the case was heard

and had full notice. Therefore we have here, under Section 92, a

party on whom the Award is binding, and the other side alleges that that party has committed a breach of the Award. Section 92 does not require any notice to be given to the other side. If vour

contention were correct it seems to me that in every case one of the parties could always, without fear of any punishment, commit one

breach to the Award, because he woud have to commit a breach

first before it was brought to the notice of the other side, who would

then serve him with a notice. It seems to me that it is hardly worth

while taking such an objection as this, because if we find the point good

we should only dismiss the present application and the parties would have to commence de novo. But I must say that in my view I do not

think any service of the Award is necessary. Section 92, Subsection 2,

specially enacts, “If any party on whom the Award is binding commits any breach thereof bv act or default, then, subject to the

provisions of the last preceding subsection hereof, the Registrar

or any party to the Award may, by application in the prescribed form, apply to the Court for the enforcement of the Award.” That is what they did here. They applied for the enforcement of the Award. The only question raised is that a copy of the Award has not been served on them. I think, in view of Section 84,—which

in effect makes the Award binding, not only on the parties to the Arbitration, but also to succeeding parties, to the whole of the District, and to workers in and outside the;{Union,-~-that you must

be deemed to have had notice of this Award. I do not think the

93

ease you quoted applies, and I do not think myself that in making an application to enforce an Award it is necessary to serve the Award upon the original parties to the Industrial dispute before the Court, and mentioned in the Award. There may be some reason for arguing, and perhaps I might come to a different opinion, if it was

sought to enforce the Award against a person who was not a party to the original dispute and not previously before the Court; but I think we must assume that one of the parties to the original dispute

who was before the Court has notice of the Award and its terms.

The case was then proceeded with, when Mr. Hudson, on behalf of his clients, admitted that they employed their men between the hours of 5 p.m. and 6 p.m., and that no overtime had been paid in respect of such work, but he contended that as the weekly limit of sixty hours had not. been exceeded, no breach of the Award had been

committed.

The Presivent: I do not think that applies. The object of

this application is to show that you must obey the Award. The workers do not ask for a heavy penalty, but they have brought this case for the purpose of showing that the men must only be emploved between 5 a.m. and 5 p.m. as stated in the Award. From the admission made on behalf of Holmes Brothers & Company, Limited, we are of opinion that a breach of the Award has been committed, and we direct that Holmes Brothers & Company, Limited, pay a fine of One shilling, and that they pay to those men who have worked overtime the amount due for that overtime as specified in the Award, together with £1 1s. costs.

As to the case against Phillips & Co.: Mr. Horrigan appeared on behalf of this firm and desired to have the question of the hours settled, as there appeared to be some doubt on the point in the minds of the employers. He admitted that certain of the firm’s employees had been employed between the hours of 5 p.m. and 6 p.m., and that no overtime had been paid in respect of this work.

The Presipent: The week of sixty hours directed in the Award must be worked between 5 a.m. and 5 p.m. or such other hours as are laid down in the Award for Saturdays. If you work the men after 5 o’clock, you must pay for that extra. That was one of the

principal matters discussed at the hearing of this dispute, and a great deal of evidence was given on that point. The Court, after hearing the evidence, came to the conclusion that the hours should

be between 5 a.m. and 5 p.m., except on Saturday, when the time was

extended to 9 p.m.

Mr. Witson: The members of the Union regard the overtime clause as a penal provision to prevent the masters from working their

employees after certain hours. I think it would be well if the Court laid down this principle whether or not the provision in the Award with regard to overtime is to be taken as a license to con- tinually employ men after 5 o’clock, or whether it is a judicial provision to provide against any contingencies or emergencies.

1903.

CoasTAL

ButcHers’ Union.

Vv.

Houmes

Bros, & Co., Lrp., AND OTHERS.

1903.

CoABTAL BurcHers’

UNION v.

HoumeEs

Bros. & Co., Lrp., AND OTHERS.

94,

The PresipEnT: I think that is what the Court intended. It was not intended that under that provision the employers should

be allowed to extend the time an hour or so later every day, but that in cases of emergency the masters might continue work for an

hour or so if they paid the usual overtime rates. The Court is of opinion there has been a breach of the Award committed in this case, and it inflicts a penalty of One shilling on Messrs. Phillips &

Co., to be paid to the funds of the prosecuting Union, together with £1 1s. costs, and it further orders that the overtime due to the men who have been worked the extra hours, be paid.

Re Albert & Co.: The application against this firm was withdrawn. There being no appearance on behalf of the respondents, no order was made as to costs.

Re T. Kelly: The breach having been admitted by the Re- spondent, who appeared in person, the Court inflicted a fine of one shilling, and made an order for the payment of £1 1s. costs and 10s. 6d. for witness expenses, and directed payment of the overtime rate in respect of the extra work performed.

Re T. Feakes: This respondent, who also appeared in person,

admitted having worked his employees after the hours stipulated in

the Award, but stated that he paid the overtime rate prescribed.

Mr. Wiuson: It appears that I have been misinformed, and that Mr. Feakes has paid the overtime.

The case was therefore dismissed and 10s. 6d. costs ordered to

be paid by the Union to the respondent.

Re S. Masters and Messrs. Eichhorn & Hempel: Mr. Wilson

explained that he was in the same position as regarded these respondents, who had been cited by mistake.

The Presipent: The application as against these respondents is dismissed, and the Union is ordered to pay 10s. 6d. costs in each

case.

95


Coastal Journeymen Butchers’ Union of Workers

v.

F. Fowler.

Application for enforcement of Awirl—Employer charyet with having

paid less than the minimum rate of wag:s prescribed, also wth having worked men overtime and neglecting to pay vvertime rate for sume—Latter charge withdraun, former es‘ablished, and penwity inflicted —Arrears ordered to be paidto employee.

This was an application made by the Union for the enforce-

ment of the Award of the Court made in the Butchering Industry on the 18th day of August, 1903, which took effect from the Ist

September, 1903. By one of the terms of this Award it was prescribed that the minimum rate of wage to be paid to Second Shopmen should be £3 per week. The Union in its application alleged that the respondent had employed one William Reardon in the capacity of Second Shopman, and had paid him a wage of

£2 7s. 6d. per week, being less than the minimum wage prescribed by the Award of the Court for that class of worker.

The evidence showed that the employee had been engaged by

Mr. Fowler in January, 1903, as a Cart and Order hand at a wage

of £2 7s. 6d. per week. In July or August Mr. Fowler had removed him from the cart, and had employed him solely in the shop, but made no increase in his wages. This was the position when the Court’s Award took effect. No alteration had been made

in the employee’s duties or wages up to the 10th October, when the

service had terminated. Reardon admitted that although he was

fully cognisant of the terms of the Award he had not applied for

payment of the minimum wage prescribed thereby.

At the hearing the representative of the Union with the

consent of the Respondent, applied for and was granted leave to

amend his application by adding a second count charging the

Respondent with having worked his employees between the hours of

5 p.m. and 6 p.m., without having paid the overtime rate prescribed.

As the evidence did not substantiate this charge it was subse-

quently withdrawn.

For the defence, it was contended that the man was taken off

the cart and placed in the shop to learn the respondent’s business, notwithstanding which he was still only a cart hand assisting in

the shop.

The Presipenr: There is a special rate fixed for what were called “ Cart and Order Hands.” The man having been employed

1903.

October 22.

1903.

CoasTAL Burcu eER’s UNION

Vv,

Fow er.

96

as Shopman should have been paid £3 per week from the date of

the Award. I think the man comes under the heading of Second

Shopman, he being continuously employed in the shop. The carter, or shop and order man, is provided for in the Award. He is a carter who occasionally assists in the shop. On looking at Subsection 4 of Section 92 it appears that we can impose a

penalty for the breach of the Award. We think that this man should receive the extra 12s. 6d. per week during the time he was

employed as second shupman subsequent to the coming into operation of the Award, (viz., six weeks) and we therefore impose a penalty of £3 lés. on Mr. Fowler, with the direction that it be paid to Reardon. We do not think we should impose any further penalty, especially when we find that Reardon was party to the offence. We order that £1 1s. costs be paid to the Union.

97


Coastal Slaughtermen and Assistants’ Union of Workers v.

Forrest, Emanuel, & Co.; Holmes Brothers & Company, Limited ;

Connor, Doherty, & Durack, Limited ; and B. Copley & Co.

Application for interpretation—Not an industrial dispute—Approval of Union not a necessary precursor to Court’s decision and definitions,

This was an application made by the Workers’ Union in which

the Court was asked to lay down a definition of the term “ slaughter-

men’s assistant,’ made use of in its Award of the 12th June, 1903.


Mr. C. A. Hudson for the Employers.

Mr. Hupson took objection to the application on the ground

that there was nothing on the face of it to show that the Union instigated the matter—the application did not bear the stamp or

seal of the Union. He referred to Section 96, which required that

anv reference to the Board or Court should be approved by resolution of the Union.

Mr. Wixzson: There is no form prescribed for an interpreta-

tion. The secretary of the Union is here, and can give evidence to

the effect that a ballot was taken before the application was made

Mr. Losstein: An application for interpretation is not an

industrial dispute.

The Prestpent: I don’t think the provisions of Section 96

apply to applications made under Section 85.

The matter was then proceeded with. The facts and argu-

ments are set out in the decision given by the Court, which was as

follows :—

Court or ARBITRATION, WESTERN AUSTRALIA.

In the matter of “The Industrial Conciliation and Arbitration Act, 1902,” and

in the matter of an industrial dispute between Coastat Slaughtermen and Assistants’ Union of Workers (hereinafter referred to as “the Union”) v. Forrest, Emanuel, & Co.; Holmes Brothers & Company, Limited ; Connor, Doherty, & Durack, Limited; and B. Copley & Co. (hereinafter referred to as “‘ the Employers”’).

DEcISION.

22nd day of October, 1903.

In this matter an application is made to the Court by the Union for an interpretation of the term “Slaughtermen’s Assis- tants,” used in the Award of the Court in this dispute on the 12th day of June, 1903. The application is made under Section 85 of

1903.

October 22.

1903.

COASTAL SLAUGHTER- MEN’S UNION

Vv.

ForREst, EMANUEL,

& Co., AND OTHERS.

Os

the Act, and the circumstances leading up to the application appear to be as follow :—

In the application referring the dispute to the Board of Con- ciliation, the Union sought (inter alia) to have the minimum rate for slaughtermen’s assistants fixed at £2 15s. per week. The Board by its recommendation fixed as the minimum wage for this class of worker the sum of £2 7s. 6d. per week. When the matter was subsequently referred to the Court the same classification of workmen as had been applied for and settled by the Board was adhered to—the minimum wage fixed by the Board for the slaughtermen’s assistants being confirmed by the Court in its Award.

Previous to the publication of the Award of the 12th June, 1903, it had been the practice in slaughter yards for two competent slaughtermen to work in the pens together. It was now stated by the representative of the Union that after the Award of the Court was made, in one instance the employers had discharged one of the competent men, who was in receipt of a wage of £3 5s. per week, and had substituted for him another man, who was required

to perform exactly the same work, but was paid only the minimum rate of wages prescribed by the Award for slaughtermen’s

assistants, viz., £2 7s 6d. A definition of the words “ Slaughter-

men’s Assistants” was therefore necessary in order to ascertain exactly what duties such men might be called upon by the emplovers to render for the wage specified in the Award. The Union con-

tended that the slaughterman’s assistant was a person engaged in doing work in connection with the slaughter yards outside of actually siaughtering—that the term should not include anvone who was engaged in doing slaughtering work.

On behalf of the employers it was urged that a slaughterman’s assistant was a man employed in the slaughter yards to assist men engaged in slaughtering, and not themselves emploved

exclusively at slaughtering. Their work should be defined as including the sticking and legging of the sheep, dealing with the offal, the weighing and loading of the beef and mutton, if required, pulling sheep out of the pens, washing down and cleaning.

After hearing argument on the question the Court came to the conclusion that under Section 85 of the Act it would add to its Award by defining the two words “Slaughterman” and ‘Slaughter- man’s Assistant’ as follows :—

“Slaughterman ” shall mean the person who actually kills or skins the animal.

“ Slaughterman’s Assistant”? shall mean the person who

assists the Slaughterman, but who does not actually kill or skin the animal.

S. H. PARKER, J., President.

99


Before the PresipEnT in Chambers.

Goldfields Amalq1mated Miners’ Union of Workers

v.

The Registrar of Friendly Societies.

In the matter of an appeal against the registration of the Feysville

Miners’ Union of Workers.

Appeal against registration of Union—Question as to meaning of the term ‘ Locality” used ia the Act-—A ppeal dismissed.

Certain miners residing in and about Feysville, a township situated 17 miles from Boulder, 15 miles from Lakeside (the nearest railway station),

2U miles from Kalgoorlie, and 40 miles from Coolgardie, formed a union and

applied for registration. A Boulder Union objected, on the ground that it was registered for the same locality in respect of the same industry, and that the members of the Feysville Union might conveniently be members of the Boulder Union. It was admitted that the above statement as to the situation of Feysville was correct, and further that its only means of communication with the larger centres was by means of a weekly coach. The President held that the Feysville union was entitled to separate registration— that its members could not conveniently belong to a union which held its meetings at Boulder.

On the 20th July, 1903, an application for registration was

lodged by a society calling itself the Feysville Miners’ Union of Workers, and notice of such application was, pursuant to Regulation 5, duly forwarded to the industrial Unions, Associations, and

Trades and Labour Councils registered in respect of the Hastern Tudustrial District.

On the 10th August, 1908, an objection to registration was received from the Goldfields Amalgamated Miners’ Union of Workers, the ground for such objection being that the Act pro. hibited the registering of two unions representing the same industry in the one locality—and that the term “ locality’ meant the area over which an Award of the Court operated.

The Registrar thereupon, on the 16th August, notified the

Feysville Union of the objection lodged against its registration, and requested that Union to satisfy him whether the objection was valid.

On the 24th August the Registrar received a communication

trom the Feysville Union, in which it was contended that there was no Union revistered in the locality to which its members could conveniently belong; that the head-quarters of the nearest Union were

1908.

October 23.

1908.

GOLDFIELDS AMALGA- MATED MINERS’

UNION Vv.

REGISTRAR,

100

situated twenty-one miles distant, at Boulder; that another Union

existed at Coolgardie, forty miles away; and that the only public

‘means of communication between Feysville and the larger centres was by means of a weekly coach, the fare being £1 single and £1 17s. 6d. return.

On the 27th day of August the Registrar, being satisfied with

the contentions put forward on its behalf, registered the Feysville Union.

On the 26th September, 1903, the Goldfields Amalgamated

Miners’ Union lodged a notice of appeal against the Registrar’s action in registering the Feysville Union.

The matter was then referred to the President of the Court for

his decision, under Section 10 of the Act.

Mr. W. D. Johnson for the appellant Union.

The Registrar in person.

Mr. J. B. Holman for the Feysville Miners’ Union of Workers.

Mr. Jonnson: A definition of the term “ Locality,” used in

Section 10, would settle the matter. The appellant Union and the

Registrar were at variance as to the meaning of the term, and no

definition was laid down bythe Act. The word “ District” was used in the Act to denote industrial areas of thousands of square miles in extent, therefore locality could not mean district. He contended that locality meant the area subject to the jurisdiction of one Union in a particular industry—that is, where the interests of the workers were the same—and ought to be defined as the area over which an Award of the Court operates. The Feysville Union

claimed jurisdiction in the mining industry over a portion of the

area governed by the Award of the 2nd September, 1902. The

appellant Union had members at Feysville. The smaller Unions,

such as that at Feysville (if its registration were upheld), hada

right equal to that of the appellant Union to be represented before

the Court of Arbitration, and to stipulate for terms in an Award, although the former Union represented very few miners in comparison to the number represented by the Unions existing at

Kalgoorlie and Boulder. The miners award would expire in March, 1904, when it might be necessary to again seek the assistance of the Court to adjust the conditions of labour. Formerly the existence of two Unions caused some little trouble to the Court, whereas now there would be four (including the Boorara Union, recently registered) in the East Coolgardie District, all equally entitled to be heard in the case of Court proceedings being taken. This was opposed to the maintenance of industrial peace—and consequently opposed to the spirit of the Act—tfor there would be small minorities dictating to and claiming equal rights with the majority.

Mr. Houtman: Mr. Johnson’s association has not practised the principle he now sought to have laid down, viz., the registration

101

of only one Union in any area over which an Award of the Court

operated—for since the making of the Award in the mining industry at Leonora, on the 28th February, 1902, the Amalgamated Miners’ Association has formed and registered a Union at Kookynie. Feysville was 18 miles from Boulder, and 15 miles from Lakeside.

the nearest railway station. A weekly coach was the only public

means of communication with the larger centres. It was impossible for the members of a Kalgoorlie or Boulder Union, residing at Feysville, to take part in the conduct of the business of the Union,

it being impossible for them to attend. On the facts, he was entitled, under Section 10 of the Act, to claim a favourable decision

in this matter, as distance alone made it impossible for the miners at Feysville to conveniently belong to any Union at Kalgoorlie or Boulder. Section 84, Subsection 3, showed that the Act contemplated the formation and registration of Unions within the area already covered by an Award.

Reeistrar: The area over which an Award operated was not

a fixed quantity, but might be varied in the next Award. The question of what area is comprised in the term “ locality” could not be rigidly fixed. The railway communication was frequently a guide as to whether a locality ought to be considered distinct, Even if the locality were not strictly speaking distinct, the difficulty of access ought to be considered. Being satisfied in this case that there did not exist in the same locality connected with the same industry an industrial Union to which the members of the Feysville Union could conveniently belong, the Feysville Union was registered separately. Two questions have to be considered: (1.) Is Feysville a distinct locality; and (2.) even if the locality is not distinct, has the Feysville Union shown that its members could not conveniertly belons to any other existing industrial Union.

The Presipent (Mr. Justice Parker): It seems that I have to consider two questions in the matter before me, the two questions that have been mentioned by the Registrar. I have first toask myself whether Feysville is a distinct locality. If it be a distinct locality then it is obvious that the workers in that locality are entitled to a separate union, and are entitled to have that separate union registered. If, however, Feysville be not a distinct locality I have then to consider whether the workers there can conveniently belong to another union. In the 10th Section these words are used ; “Tt shall lie on the society to satisfy the President of the Court that, owing to distance, diversity of interests, or other substantial reasons, it will be more convenient for the members to belong to an industrial Union separately registered than to join any existing industrial Union as aforesaid.” It is obvious that not only must

Feysville be in the same locality, but also that the Registrar must be satisfied that the workers at Feysville cannot conveniently belong to the Union whose head office is at Boulder. Otherwise it is his duty to register. Ido not think it has been attempted to show that there has been any diversity of interests between the workers

1903.

GOLDFIELDS AMALGA-

MATED MINERS’

UNION U.

IeGisTRAR.

1903.

GOLDFIELDS AMALGAM-

ATED MINERS’ UNION

v. REGISTRAR.

102

at Feysville or the workers at Boulder, or, indeed, any substantial reason except the distance. But apparently distance is a matter that I have to take into consideration. It is specially mentioned. The union asking for registration must satisfy me that owing to distance it will be more convenient for the members to belong to a union separately registered. Now it is admitted that Feysville is eighteen miles from the Boulder, it is fifteen miles from Lakeside, which is the nearest railway station to Fevsville; a coach runs there only once a week, the fares being fifteen shillings single and thirty shillings return, and there is a mail only once a week. Now, in such circumstances I have to ask myself whether it will be more convenient for the workers at. Fevsville to belong to a union separately registered for themselves, or to belong to a union registered at Boulder whose meetings are held at Boulder. [ think that I should be wanting in intelligence if I were to say that it was not more convenient for the workers at Feysville to belong to a union

separately registered, holding its meetings at Feysville, than to belong to one holding its meetings eighteen miles away. Therefore I think I am forced to come to the conclusion, from the facts placed

before me, that it is more convenient for those workers at Feysville

to belong to a specially registered union in this locality, conducted

locally, with meetings held in their midst, than to a society or union eighteen miles away. Indeed, I doubt very much whether the provisions of Section 96 of the Act could be complied with in the case of a union situated in a place where the mail only runs once a week and where there is such a difficulty in attending the meetings. It will be observed that where an industrial dispute arises between a union of workers and a union of employers it is enacted, that it

shall not be referred to the Court or Board until the proposed reference or application has been approved by the members... . . by resolution passed at a special meeting on such union and confirmed by a majority of the votes recorded at a subsequent ballot held in the prescribed time and manner. Members residing at

Feysville, which is eighteen miles from the Boulder, would have great difficulty in attending such a meeting as that.

Mr. Jonnson: We do that; we take a referendum.

The PREsIpDENT: It says that the ballot is to be held in a prescribed mode and manner.

Mr. Jonnson: We do it under our rules. The stewards at

Feysville and Boorara take the ballot.

The PresipEnt: I doubt very much whether that is compliance with the provisions, because I imagine that the votes recorded at

the ballot should be recorded at the meeting. I am only giving my

first impression upon that, however. It is provided here that the mode in which the ballot should be held should be prescribed, and I presume that means prescribed by the rules. If not, we have to look at the Act to see what it means. The result of such a ballot is to be recorded on the minutes, it says. The reason I think that there should be a special meeting, and not what is called a referendum

103

is that Section 97 enacts that each such special meeting shall be held in manner provided by the rules, and notice of the proposed resolution shall be served on or posted to all the members three days at least before the holding of the meeting. In the case of Feysville the provisions of the statute would be complied with by simply posting the notice three days before the meeting to all the members residing there, though in aJjl probability thev would not receive that notice until after the meeting was held. ooking, therefore, at Sections 96 and 97, the idea apparently was that whatever ‘locality’ might mean, yet the members of the Union should be so situated that they could certainly have notice and be able to attend a meeting within three days after being notified.

Mr. Jonnson: It is impossible to get a majority of members,

because there are always two shifts off work while one is on.

The Presipent: I was not thinking about the majority. I was looking at it in this way: Section 97 provides a mode of calling and summoning a special meeting, and the mode is that notice to all the members shall be served or posted three days at least before the holding of the meeting. Consequently, when a meeting is held at the Boulder of a Union whose head office is registered at

the Boulder, all that you need do is to post in the Post Office notice to all its members three days before the meeting. From that I am almost forced to the conclusion that the Legislature, when they passed this Act, contemplated that the members of the Union would be within such a reasonable distance that they could be reached by the Post Office within three days, and the member receiving the notice would be able to attend after such receipt of it. Section 97 states that notice need only be posted three days before the meeting The Legislature, thereforc, could not have contemplated a case where it might take a week before the notice reached the member. In view of Section 96 and Section 97, can I negative the proposition put forward that it is more convenient for the workers at Feysville to belong to a Union separately registered, with its head office at Fevsville, than to a Union whose head office is eighteen miles away; I ain forced, it seems to me, to come to the conclusion that it is more

convenient for them to belong to this specially registered Union. That being the case, I do not know that there is any need for me to define the word “locality.” It is obvious, I think, that the term

“locality,” used in the 10th Section, cannot be defined to be an area extending over five or ten miles. It must, in a great measure,

depend upon the means of communication. One can well understand, perhaps, that in places where there is very good railway communication it would be quite convenient for persons living ten or fifteen miles away from the head office to attend meetings at the head office ; whereas in other cases where there is no railway communication, where the mails are infrequent, and the charges excessive, it would not be convenient to attend even were the

members only five or seven miles away from the head office. I do not think it is possible to define “locality.” As the Registrar said,

1903.

GOLDFIELDS AMALGA-

MATED MINERS’

UNION Vv.

REGISTRAB,

1903.

GoLDFIELDs AMALGA- MATED MINER®’

UNION

Vv.

REGISTRAR.

104

it is not capable of an exact definition. You must consider it in relation to the surrounding circumstances, and that apparently was the idea of the Legislature, because, although they speak of ‘the same locality,” they qualify that by adding that the Union must be one to which the members of the proposed new Union can conveniently belong. I do not know that I can say any more with

respect to “ locality” than [ have done. But the ground really of

my decision in this case is that the society proposed to be

registered or desiring registration has satisfied me that, owing to

distance from the Boulder, it is more convenient for the workers in

the Feysville district to belong to an industrial Union separately

registered for themselves than to join any existing industrial Union. Therefore, I think I am obliged under Section 10 to direct that the

Feysville Miners’ Union of Workers be registered.

Appeal dismissed.

105


Yarloop Timber Industry Union of Workers

v.

Millar’s Karri and Jarrah Company (1902), Limited.

Industrial dispute, Timber Industry—Old Award having expired, and parties being unable to agree to continuance thereof, or to fresh condttions, Workers’ Union refer dispute to the Court—Workers’ claims—Application for injunction restraining Company from altering conditions pending the Award of the Court—Company having agreed to abide by eaisting conditions for the time being, application for injunction withdrawn—Application to join as parties various workers’ unions concerned, granted —Claim relating to Locomotive Engine- drivers and Firemen withdrawn—Employers’ representative applies to have 52 hours settled as week’s work, in lieu of 504 as previously—Court of opinion that application should have been lodged to justify its hearing evidence and argument on this point, but ultimately decides that the question is open, and allows evidence—Persons subpenaed as witnesses not liable to penalty for non-attendance unless expenses paid or tendered—Award,

On the 12th August, 1902, the above Union, then called the

Yarloop Amalgamated Workers’ Industrial Union, had cited before the Court the above respondent, then carrying on business under

the title of Millar’s Karri and Jarrah Forests, Limited, in connection with a dispute which had arisen between the workers

and the company relating to the hours of labour. The question of wages did not arise on that occasion, the parties apparently being satisfied on this point. After some discussion, terms of settlement were mutually agreed upon, finally settled, and made an Award of the Court, as previously reported (Vol. I., p.31). The time fixed for the continuance of the Award so made was one year from the Ist

August, 1902.

On the expiration of the term fixed in the Award referred to,

the workers communicated with the management, requesting the

-adoption in the industry of forty-eight hours’ work per week, in lieu

-of the 503 hours theretofore recognised, and submitting a scale of

wages to be paid to the various classes of employees on the timber

mills for approval and adoption by the company.

In reply to the workers’ proposals, the manager for the

respondent company, on the 3lst August, notified the Union that

the company would continue to pay the same rates of wages as

were then being paid at Yarloop (which meant a reduction in

many cases, but on the whole was considered the average timber

mill rate), and, further, that it was the company’s intention, from the Ist October, 1903, to increase the working hours to 52 per

week, in lieu of the 503 hours which then constituted the week’s

‘work.

1903.

October 22, 27 28, 29, 30.

November 8, 24,

1903.

YaRrbLoop TIMBER

InpUsTRY

UNION OF WORKERS

Vv.

MILLa4R’s Karri AND

JaRRAH Co. (1902), Lrp.

106

The result of this reply was to expedite the reference of the dispute to the Court, the application being lodged in due form on

the 19th September, 1903.

The following were the conditions and rates claimed on behalf of the Union in its application :—

1. The hours of labour for all employees, except loco. engine- drivers, loco. firemen, guards, grooms, and night watchmen, shall

be 48 hours per week, made up as follows :—-Starting on the first five days of the week at 7:20 a.m., and working until 5 p.m., with an interval of one hour between 12 noon and 1 p.m. for lunch, and

on Saturdays starting at 7:20 a.m. and working until 12 noon. The hours of labour for loco. engine-drivers, loco. firemen, and guards

to be 48 hours per week; grooms and night watchmen, seven days per week.

2. That the minimum rate of pay for each employee shall be as follows :—

Vertical and Travelling Bench— s. d. Sawyers... . wes 1 6 per hour Tailers-out 1 2}. Ca,

Breaking-down Bench— Sawyer wee ces wee ee wee . 1 6 » Tailers-out bee _ bes ves .— 1] 1, Handlemen we wae wee wee . 1 Lb,

Rip Bench— Sawyer _... we wee we wee . 1 6 »

Tailers-out wes wee ces wee wv Ll of, Handlemen wa we ves we . 1 2 ”

Board Bench— , Sawyer. eee wee . 2 8 ” HandJemen “and tailer-out we wee .. 1 O87",

Picket Bench -— Sawyer wee wee ee wes see . Ll a>:

Tailer-out ... 1 0 ” Docking Bench—

Docker 1, CO, Tallymen ... 23, Rollermen + yy

Gallopers-out .. we Truck-loaders and stackers ee Yard tallymen .. Dust-hole men . Fire-shoot men

Pmt

pe

et eps

et

pe

—_

th

. :

Mill-greasers 1k, Saw-filers ves _ vee we ves 6 ” Night watchman wee wet oe we ... £2 168. per week.

s. d. Mill-cleaners . 1 O per hour.. Hookmen . 13 Cy Log truckmen ... 1 1}, Landingmen . lite, Spotters . 1 6 » Navvy Gangs—

Fettlers... 1 U ” Construction navvies 1147 C«, Platelayers 1 3 »

Gangers to be paid Is. per day more than men. Workshop—

Blacksmiths 1 8 ” Strikers 1 3 » Wheelwright 1 6 " Carpenters 1 5, Fitters 1 6} sa,

107

Workshop— s. d. Turners 1 6 per hour. Labourers ... 11: sy, Moulders ... 1 6 ”

Wagon examiner 1 3 » Bush fallers 1 3 » Swampers 1 OF Horse-drivers—

Four horses 1 1:s,, Six horses 1 3 ” Over six horses 1 6 ”

Those who groom own horses, 1s. ‘per day extra. Grooms (not more than 3V hours) . £3 per week.

s. d. Landing men using jacks wes wee .. 1 38 per hour. Bush winch-drivers ... we ves wee . 1 1}, Draymen (one horse) ... 1 OF. C=E" Blacksmith in bush 1 4; Striker ... 114

If piecework rates for loading logs be paid, we ask for 6d. per load. Engine-drivers— d.

Loco. drivers Loco. firemen Ordinary firemen Stationary engine-drivers with firemen Stationary engine-drivers without firemen ... Portable drivers, one engine Portable drivers, two engines ...

All engine-drivers to have certificate. Steam winch drivers with boiler Steam winch drivers without boiler Steam crosscut drivers

All winch-drivers to be over 18 years. Loco. cleaners .. . . we Lee . 1 0 Loco. guards... . 4

Steam winch men to have ‘certificate from Inspector.

per hour. 6 3 1 6 ” 6 3

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3. That these prices be the minimum, and that where higher

rates are being paid the higher rate to remain Turing ¢ the period of

this Award.

4. That all time worked after 5 p.m. on the first five days in the week, and 12 noon on Saturdays, shall be paid for at the rate -of time and a-quarter for the first four hours, time and a-half for the second four hours, and double time after that.

5. That double time be paid for all work done on Sundays, ‘Christmas Day, Boxing Day, New Year’s Day, Good Friday, and Eight Hours’ Day.

6. That any workman who considers himself incapable of earning the minimum wage may be paid such lesser sum (if any) as shall, from time to time, be agreed upon, in writing, between the Employer and the Chairman or Secretary of the nearest Industrial Union to where he may be working, and in default of such agreement, as shall be fixed by the Chairman of the Conciliation Board

for the South-West District, upon the application of the workman,

after 60 hours’ notice to the secretary of the Union, who shall, if so desired by him, be heard by such Chairman upon such

application.

7. That all wages be paid fortnightly, no more than four

‘days’ pay to be kept in hand.

1903

YARLOOP TIMBER

INDUSTRY

UNION oF

WORKERS Vv.

MILLAR’s

KARRI AND

JARRAH Co.

(1902), Lrp.

1908.

YARLOOP TIMBER

INDUSTRY

UNION OF WorRKERS

Vv.

MILLAR’s

KARRI AND

JARRAB Co. (1902), Lrp.

108

8. That no deductions whatsoever be made from wages.

9. That all saws be changed in the Employer’s time, and any delays, such as changing saws, repairing belts, to be paid for by the Employer, provided the said delay is less than half-an-hour in

duration.

10. Employers not to discriminate between unionists and. non-unionists, and all employees to work together in harmony.

1]. Where mills are working night-shift, employees to be

paid 1s. per shift more than above rates.

12. When mills are not working, men who are required to unload rakes shall be paid full time whilst waiting.

13. Subject to the foregoing conditions all customs and privileges to remain as at present.

House rents not to be increased during the currency of this.

Award.

Fearing that, notwithstanding the lodging of the application, the management of the respondent Company would adhere to the

determination expressed in the letter of the 3lst August, previously

referred to, the secretary of the Union, on the 26th September,

1903, applied to have a day fixed for the hearing of an application

on behalf of the Union, in which an injunction was claimed

restraining the respondent Company from altering the existing

conditions of employment or rates of wages, pending the hearing

and settlement of the dispute by the Court. The President con- sented to hear the application on the 30th September, and the

respondent Company was notified of the nature of the appli-

cation, and of the appointment for the hearing thereof. Prior

to the 30th, however, the secretary of the Union had an interview with the manager of the Company, and an arrangement was

arrived at by which the manager of the Company agreed to continue work under the prevailing conditions, pending the settlement

of the dispute by the Court. The application for injunction was.

then withdrawn.

On the 22nd October an application was made on behalf of

the Union for leave to join as parties to the dispute the following Unions, which were equally interested in the issue as the original

claimant, it being settled | that the one agent should represent all

the claimant Unions, viz. :—

The Big Brook Timber Industry Union of Workers ; The Waroona Timber Industry Union of Workers ;

109

The Mornington Timber Industry Union of Workers ; The Wellington Branch of the Amalgamated Workers’

Union of Western Australia (A.W.A.) ;

And the Jarrahdale Amalgamated Workers’ Industrial Union (A.W.A.).

The Court granted the application.


Mr. C. A. Hudson for the Company.

Mr. Hopson informed the Court that the Company was unable

to agree to a single claim made in the workers’ application, so that every item would be contested.

The question arose as to the advisability of striking out the portions of the workers’ claims dealing with tradesmen, such as wheelwrights, carpenters, blacksmiths, etc., Mr. Lobstein point-

ing out that this course had been adopted by the Court when dealing with the mining disputes on the goldfields, the Court then being of opinion that tradesmen should be represented by their own Unions.

Mr. Wiutson: The difficulty in localities like these is that

employees in these particular trades are scarce and isolated. The

tradesmen members of the Union have been consulted with

reference to the rates and conditions set forth in the application, and they participated in the ballot. Their number is small compared with the number of general mill hands.

The PresipEnt: If the Court made an Award with respect to

carpenters employed in this industry and subsequently was called

upon to make an Award with respect to the carpenters in the South-West Industrial District, we should exclude from the

operation of the new Award the men who came under the

old Award.

Mr. Wiison: In regard to the claims put forward by the

Union on behalf of the locomotive engine-drivers and locomotive

firemen, I have learned that a Bill to amend the Railways Act is

now before the Legislature, and that notice has been given of an

amendment to be inserted controlling the conditions of employment for locomotive engine-drivers and locomotive firemen on private railways. J am therefore directed to withdraw the application as

regards these employees.

Evidence was then called at some length on behalf of the workers in support of their claims, on the conclusion of which Mr.

Hudson opened the case for the employers. He requested the Court to forthwith strike out claim 10, ‘“‘Employers not to discriminate between unionists and non-unionists,” ete., on the ground that no evidence had been adduced to support such a claim. This the Court refused to do, the President stating that, although

he was unable to see the force of this clause, it had been inserted in @ previous Award.

1903.

YaRLOOP TIMBER INDUSTRY

UNION OF WORKERS

ay

MILLARB’S

KaRRI AND

JARRAH Co. (1902), Lrp.

1903.

YARLOOP TIMBER

INDUSTRY

UNION OF WoRKERS

Vv.

MILLAR’S

KARRI AND JARRAH Co., (1902) Lrp.

110

With regard to clause 9 of the claim, the employers agreed that if a breakage occurred and the men were detained at their posts—no whistle being blown to allow them to depart—they

should be paid for such time, but if the whistle were blown, and the

men allowed to depart from the mill, pay might be stopped.

As to the hours of labour, the Company asked that fifty-two hours be fixed for the week’s work.

The Court at first objected to the making of such an application under the circumstances, the Company not having proceeded in the way suggested by the Regulations, by lodging an application asking for such terms as might be considered just from its point of view.

Mr. Hupson then made application under Section 100 of the Act to lodge an application at that stage, as the claimant Unions

- would not be taken by surprise, they having already been notified by the Company of its intention to increase the week’s work by two hours.

Mr. Wiison: Although such a notice was given, it was not proceeded with by the Company, and must be treated as abandoned.

The Court ultimately decided that the question of hours was

open, and that it was competent for the respondent Company to call evidence upon the point—the workers, however, to be entitled, on

the conclusion of the employers’ case, to call rebutting evidence on

the question of hours.

On the conclusion of the case for the respondent Company, Mr. Wilson informed the Court that he had issued a subpceena, and served same on the secretary of the W.A. Sawmill Company, Limited, requiring his attendance, but he had failed to appear. Section 75, Subsection 5, prescribed a penalty in such a case. It was intended to have called the witness for the purpose of proving that there was no diminution in the output occasioned by a reduction of

working hours to 48 per week.

The PresipEent: A person subpcenaed as a witness who fails to attend pursuant to the subpcena is not liable to be penalised under the subsection quoted unless payment or tender of his expenses has been made.

Mr. Witson decided to close his case without calling further evidence. ,

In his concluding address Mr. Wilson suggested (inter alia) that the Award should be made for a period of six months only, in order to give it a trial; Mr. Hudson, on the other hand, asked for

a term of twelve months to be fixed, in order that the industry might be placed upon a definite basis for a reasonable term.

The addresses of the representatives having been concluded, the Court adjourned to consider the Award.

lll

On the 24th day of November, 1903, the following Award was 1903. published :— —

YARLOOP

In tue Court or ARBITRATION HOLDEN AT PERTH. Renee

In the matter of “ The Industrial Conciliation and Arbitration Act, 1902,” andin [yton oF the matter of an industrial dispute between the Yarloop Timber Industry Worxers Union of Workers (hereinafter called the Union) and M llar’s Karri and v. Jarrah Company (1902), Limited (hereinafter called the Employer). MILLAR’s

A Kaeri AND WARD. JaRRAH Co

The Court of Arbitration having taken into consideration the (1902), Lrp.

matter of the above-mentioned dispute, and having heard the Union by its representative, A. J. Wilson, and the Employer hereinbefore mentioned by its representative, C. A. Hudson, and having heard the witnesses called by and on behalf of the Union and the Employer respectively, DOTH HEREBY ORDER AND AWARD that, as between the Union and the members thereof and the Employer, the terms, conditions, and provisions set out in the Schedule hereto and of this Award shall be binding upon the Union and every member thereof, and upon the Employer, and that the terms, conditions, and provisions shall be deemed to be and they are hereby incorporated intoand declared to form part of this Award: AND FURTHER, that the Union

and every member thereof and the Employer shall respectively do, observe, and perform every matter and thing by this Award, and by the said terms, conditions, and provisions on the part of the Union

and the members thereof, and on the part of the Employer, respectively, required to be done, observed, and performed, and shall not

do anything in contravention of this Award or of the said terms, conditions, and provisions, but shall in all respects abide by and

observe and perform the same: AND THt CoURT DOTH FURTHER ORDER that this Award shall apply to the timber industry generally, and that the Award shall operate over the whole of the South-West

Industrial District, but shall not be deemed to extend to or have effect over the area specified in the Award of the 8rd October, 1903 (14 miles from General Post Office, Perth), delivered by the Court in the industrial dispute “The Timber Merchants’ Employees’ Union of Workers against Millar’s Karri and Jarrah Forests,

Ltd.,” and others: AND FURTHER, that this Award shall have effect from the lst day of December next, and shall continue in force until] the 30th November, One thousand nine hundred and four.

THe SCHEDULE HEREINBEFORE REFERKED TO.

1, The hours of labour for all workmen, except locomotive engine- drivers, locomotive firemen, guards, cleaners, grooms, feed-mixers, and night watchmen, shall be fifty-and-a-half per week.

Any worker (excepting the workers excluded as above) working more than five-and-a-half hours on Saturday or nine hours on any other week day, or at all on Sunday, shall be paid at the overtime rate hereinafter set forth for the additional time worked, but in no case for less than one hour.

2. The following shall be the minimum rates of pay which shall be payable by the Employer to all workers of the age of 19 years and upwards in its service in the capacities hereinafter mentioned :—

Workshops: gs. d. Fitters wee wee ves vee ... 11 O per day of Shra, 25min. Turners... bee oes vee . ll 0 ” ” Moulders ... wee see wes . ll 0 ” ”

112

8 Workshops : 1908. Moulders’ labourer per day of Shrs, 25min, - Labourers .. ves » »

YaRLOop Carpenters. » »

TIMBER Wheelwrights , ” INDUSTRY Truck Builders ” ” UNION OF Truck Examiners... » ” WORKERS Blacksmiths » ” Mr LLA R’S Strikers » »

Painters ” ” Karri AND Saddlers i, ” JABRAH Co. Shop Engine-drivers

Boilermakers see Boilermakers’ Assistants —

Vertical Benchmen wee » Tailer-out ” Truckman ” Hookman

Log Yardman _.... Twin Saws Benchman

Assistant Big Bench Benchman ...

» Handleman ... . » Friction Lever-man... » Puller-out.. wee

No. 2 Benchman ... » Handleman.. wee » Friction Lever-man » Puller-out ... .

No. 3 Benchman ... » Handleman... » Puller-out .

Picket Benchman » Puller-out..

Docker Docker’s Assistant Tallyman . . Truckman Rollerman Fire Skids see Dust-hole man... . Yard-stacker and Loader Yard Tallyman . Stationary Engine-driver Mill-fireman . aes Filer and Saw Doctor Steam Crosscut man Hand Crosscut man Winch-driver Spotter... Firewood Sawman | Mill-greaser i Log Landing Winchman » vackman . .

(1902), Lrp.

_

-

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—

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=a

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SS SSS AGBOAASRVRADORHBOASOAMAAMAAMROOCOARARBDODSTCODSCSOOAMBSOSDSSSHSOSASRGPDPORODSOARVMMAOA

rr Loader ” ”

Horse-driver 1 ” ” Swamper ... ” ” Fettler Ganger ” ”

Navvies ... » ” Construction Ganger 10 ” ”

” Labourer ... wee . «8 ” ” Faller . ves vee .. 10 ” ” Bush Blacksmith.. ees tee .. 10 ” ”

” Striker we eee eee eee 8 ” ”

» Whim Repairer eee wes .. 10 ” ” Watchman . see see £2 9 Oper week. Groom and Feed-mixer ... . ... 60s. per week of 7 days.

3. Workers to whom the hours of labour apply shall be paid at the rate of time and a-half for all work performed on Christmas Day, Boxing Day, New Year’s Day, Good Friday, and Proclamation Day, and for all other

118

overtime worked they shall be paid at the rate of time and s-quarter for the first four hours, and time and a-half after that.

For the purpose of computing the amount of wages, broken time, or overtime payable to any worker under this Award, “ Day” shall mean eight hours twenty-five minutes, and such computation shall in all cases be made upon that basis.

4, Any worker who considers himself incapable of earning the minimum wage hereby fixed may be paid such less sum as shall from time to time be agreed upon, in writing, between such worker and the secretary of the Union, or in default of such agreement, as shall from time to time fixed, in writing, by any Resident or Police Magistrate. Such wage shall be fixed upon the application of the worker, who shall give 24 hours’ notice thereof in writing to the Secretary of the Union, who shall be entitled to be heard upon such application. Any worker whose wages shall have been so fixed may work for and be employed by any employer at such less wage for the period of six calendar months thereafter, and after the expiration of the said period, until 14 days’ notice, in writing, shall have been given him by the said Secretary requiring him to have his wages again fixed in the manner prescribed by this clause.

5. Allsaws shall be changed in the Employer’s time, and any delay or stoppage occasioned by changing saws, repairing belts, breakages of machinery, or other cause shall be paid for by the Employer.

Provided that, if any delay or stoppage occurs, and a signal be given allowing workers to leave their work, the Employers may deduct from the workers so released from work payment for the delay or stoppage so occasioned should such delay or stoppage exceed half an hour, but not otherwise.

6. No Employer, in the employment or dismissal of his workmen, shall discriminate against members of the Union, or in the conduct of his business shall do anything with a view of directly or indirectly injuring the Union. All workers shall work together in harmony.

7. When a Mill is worked by night as well as by day, the Employers shall, as far as possible, arrange that workers shall be required to work by night only on alternate weeks.

In WITNESS WHEREOF this Award has been signed by the President, and the Seal of the Court has been hereto affixed this twenty-fourth day of November, one thousand nine hundred and three.

(Sgd.) S. H. PARKER, J.,

[SEAL. | . President.

1903.

YarLoop TIMBER

InDustRy

UNION oF WorRKkERS

se

MILvLar’s KaRRI AND

© Jarray Co. (1902), Lr.

1903.

December 14.

114


Yarloop Timber Industry Union of Workers v.


Ezpar e application for directions.

Mr. W. SomeErviIL_eE, on behalf of the Fremantle Branch of

the Amalgamated Society of Engineers’ Industrial Union of Workers, made an exparte application to the Court in connection with the Award issued in the Timber Industry dispute on the 27th

October, 1908. He explained that no persons eligible to become members of the Engineers’ Union were members of the Timber Industry Union, which had been the Appellant in the above dispute ; that the Enyineers would have been represented at the hearing of

that dispute had thev been of opinion that the Court would deal with or classify tradesmen or mechanics in an application brought

forward by a union which could not strictly claim to represent that class of worker. It was thought that the Court would pursue the course adopted on the goldfields on previous occasions, when the applications, so far as they concerned tradesmen and mechanics,

were struck out. Blacksmiths who were members of the Engineers’

Union had been classified in the Yarloop Award, and the minimum

pay fixed for them, viz., 10s. per day, meant, in many cases, a reduction of 3s. per day on the rates formerly paid, as the minimum invariably became the mtximum. The case from the mechanics’ point of view had not been properly placed before the Court. The Engineers’ Union desired to have the case re-opened, so far as concerned the members of its union at Yarloop, so that it might be made clear to the Court that the minimum, as fixed for the

mechanics referred to, was inadequate when the nature of the work

required of them was considere.

The Presipent: It would be impossible for me at the present

time to give an appointment for a sitting, and, of course, it would be absolutely necessary to cite the other side before the Court could hear such an application. I do not think that an appointment to hear the application could be made before March next. As to the

minimum rate of wages prescribed for the mechanics, in no case was this fixed at less than the rate being paid at some of the mills, and the Court is not directed to fix a fair rate of pay; it has to fix a certain rate, and declare that no employer shall pay the particular class of worker less.

Mr. SomERVILLE: In order to carry out my purpose, would it

be necessary to lodge an application in the usual manner ?

The PrestpEnT: I should think so, as the employers should be notified.

[The Engineers’ Union subsequently caused an application to be lodged in connection with this matter. It will be reported in Vol. IIT.]

115


Coastal Operative Bootmakers’ Industrial Union of Workers

v.

W.A. Metropolitan Boot Manufacturers’ Union of Employers.

Industrial dispute — Workers’ claims — Assessors appointed — Assessor

should not be called as a witness—Award.

Per PresipENT: The assessors will not be members of the Court and their powers will be of an advisory nature.

This was an application made by the Workers’ Union in which

an award of the Court was sought, fixing a piecework scale for the general work, and a minimum weekly wage for all workers employed on the machines.

It appeared that in July, 1898, a conference consisting of dele-

gates representing the workers and employers met, and, after dis-

cussion, drafted a statement regulating piecework rates and general

working conditions, which received the assent. of both parties, and

had been recognised ever since. That statement applied to hand-

work only, no provision whatever being made regarding the workers engaged on the machines, who, in 1898, represented only 10 per cent.,

or thereabouts, of the workers in the industry. Since the compila-

tion of the statement referred to, however, machinery had been

extensively introduced into the industry in this State, and consequently a large number of workers had become engaged in those branches of the trade in which the machinery was used. Further, the piecework rate was considered by the workers to have been fixed on

too low a scale, and they were of opinion that some adjustment

was required in that particular. A conference was therefore

arranged, at which the delegates of the Union requested the con-

sideration by the employers of certain proposals put forward by

them suggesting (inter alia) an increase in the piecework rate, the

fixing of a minimum weekly wage for workers engaged on the

machines, and of special rates and conditions relating to the female

machinists in the trade. The emplovers refused to accede to the

proposals made by the workers, and the dispute was therefore

brought before the Court.

The following claims were made by the Union, the tabular

matter representing the minimum prices claimed for the execution of the various classes of piecework specified :—

1908.

November 11, 17, 18, 19, December 21.

116

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COASTAL

OPERATIVE BoormakERs

UNION v.

W.A.MEtTROo- POLITAN

Boot Manvu-

FACIURERS

129

1908.

CoasTaL

OPERATIVE BootmakeErs’

UNION

Vv.

W.A. MEetRo- POLITAN

Boot Manv- FACTURERS.

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1908.

CoasTAL OPERATIVE

BooTmakERs’ Union

Vv.

W.A. METRo- POLITAN

Boor Manv- FACTURERS.

‘Or é

131

The Employers disagreed with these claims in toto, and

requested the Court to place the industry in this State on exactly the same footing, as regarded both wages and conditions of employment, as the State of Victoria, with which State the local

manufacturer was engaged in keen competition.

Mr. J. Curran for the Workers’ Union.

Mr. J. Phair for the Employers’ Union.

Having opened the case for the Workers, Mr. Curran called

evidence, and proceeded to elicit (inter alia) facts which would enable the Court to compare the cost of living in the Hastern States as against the cost incurred in Perth, when the President remarked :—

“The Court, in another case, came to the conclusion that it

would be fair to allow 15 per cent. as the additional cost occasioned by living in this State, as against the same cost in Victoria. That would be 3s. in the £. I do not think that the majority of the

Court will depart from that.”

At a later stage, it appearing from the evidence that a number of technicalities would be involved in the consideration and settle-

ment of a piece-work statement, which a tradesman ouly would

thoroughly understand, Mr. Curran applied, under Section 99 of the

Act, to have assessors appointed.

Mr. PHair opposed this proposal, suggesting that it would be better if the Court would settle the weekly wages and conditions, and leave the adjustment of the piece-work statement to the parties

concerned, as was done in the Saddlers’ case.

The PresipEent (after consultation): The Court directs that

two experts be nominated by the parties, who shall sit as assessors in the case, as provided by Section 99 of the Act. They will have

to be appointed in the manner prescribed in form 56 (Section 66) of the Regulations. They will not be members of the Court, and

their powers will be of an advisory nature.

On the 17th October, when the Court resumed, the absence of the assessors was commented upon, and explanations for such absence given by the agents, Mr. Phair mentioning incidentally

that the assessor appointed on behalf of the Employers’ Union was also an important witness on the Emplovers’ behalf.

The Presipent: A person appointed to act as an assessor should not also be a witness. I would suggest, Mr. Phair, either that you do not call your assessor as a witness, or else that you cancel his appointment and appoint somebody else.

After this suggestion it was decided not to call the assessor as a witness.

1903.

CoasTAL OPERATIVE

BoormakKERs’ UNION

uv.

W.A. METRO-

POLITAN Boot Manu- FACTURERS.

1903.

CoasTaL

OPERATIVE

BootmMaKEsrs’ UNION

Vv.

W.A. METROo-

POLITAN Boor Manv- FACTURERS.

182

The Court, after hearing the evidence and addresses on both

sides, and having consulted with the assessors appointed, on the

21st day of December, 1903, delivered the following Award :—

Covet oF ARBITRATION, WESTERN AUSTRALIA.

Inthe matter of “The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an Industrial Dispute between the Coastal Operative Boot- makers’ Industrial Union of Workers (hereinafter called “the Union’’) and W.A. Metropolitan Boot Manufacturers’ Union of Employers (hereinafter called “the Employers’’).

AWARD.

The Court of Arbitration of Western Australia (hereinafter

called “the Court”) having taken into consideration the matter of

the abovementioned dispute, and having heard the Union and the

Employers by their respective representatives duly appointed, and

having heard the witnesses called and examined on behalf of the

Union, and of the Employers, and cross-examined by the parties

respectively, DOTH HEREBY ORDER AND AWARD that as between the Union and the members thereof, and the Employers and each of them, the terms, provisions, and conditions set out in the schedule

hereto, and of this Award, shall be binding upon the Union and

the members thereof, and upon the Employers and each of them, and the said terms shall be deemed to be and they are hereby incorporated in and declared to form part of this Award. ANnp FURTHER, that the Union and the members thereof,and the Employers and each of them, shall respectively do, observe, and perform every matter and thing by this Award, and by the said terms, conditions, and provisions respectively required to be done, observed, and per-

formed, and shall not do anything in contravention of this Award or of the said terms, conditions, and provisions, but shall in all

respects abide by and observe and perform the same. AND THE CourT DOTH FURTHER ORDER that this Award shall apply to the

Bootmaking Industry, and shall be limited in its operations to the South-West Industrial District. AND FURTHER, that it shall have effect from the first day of January next ensuing until the thirty- first day of December, One thousand nine hundred and four.

THE SCHEDULE HEREINBFFORE REFERRED TO.

1. Forty-eight hours shall constitute a week’s work, eight hours and forty-five minutes of which shall be worked on each of the first five days of the week, and the balance of four and one-quarter hours shall be worked on Saturday.

2. Adult Males—Wages.—The lowest rates of wages to be paid to adult males employed in wholly or partly preparing or manufacturing boots, shoes, and slippers of every description, either by hand or by machinery, shall be :— ;

Makers, finishers, clickers, cutting or ingot ¢ 8s. Gd. per day of outsides, principal stuff-cutters, cutting out :

ri Pp , 5 eight hours. soles, machine operators, and hand closers

Assistant stuff-cutters, men cutting linings ex-? 7s. 6d. per day of clusively, and all others ee we ..§ eight hours.

3. Male Apprentices or Improvers—Number.—The number of male apprentices or improvers who may be employed within any factory or workroom shall be in the following proportion to journeymen engaged for the past nine months, except in the case of any person or persons commencing business,

133

when the provision respecting the employment of journeymen for the past 1903. nine months shall not be enforced, that is to say :— c _

. . . OASTAL Te. male apprentices or improvers to two journeymen. OPpeativE

F our. ” ” six . BooTmM AKERS’

Five " » eight . Uwron

Six ten . ” ” ” W.A. METRO- ; Seven 1 ” twelve POLITAN

and thereafter in the same proportion. Boor Manv-

4, Male Apprentices or Improvers—Wages.—The following shall be the FACTURERS. lowest rate of wages to be paid to any male apprentice or improver employed . in wholly or partly preparing or manufacturing boots, shoes, and slippers of every description, viz. ;—

First year’s experience... ves wee ves 5s. 6d. per week Second ” ses ves ves vee 8s, 6d. ” Third ” wee wee vee .. 11s, 3d. ” Fourth » wee ves sae .. 19s. 6d. » Fifth ” ves wee wee . 258.6d. ,, Sixth ” . 81s. Od. ”

25s. per week of forty-eight hours.

6. Female Apprentices or Improvers—Number.—The number of female apprentices or improvers who may be employed within any factory or workroom shall be in the proportion of two female apprentices or improvers to every female receiving not less than 25s. per week, or piece-work rate, employed for the past nine months, except in the case of any person or persons commencing business, when the provision respecting the employment of females for the past nine months shall not be enforced.

7. Female Apprentices or Improvers—Wages.— The following shall be the lowest rate of wages to be paid to female apprentices or improvers employed in wholly or partly preparing or manufacturing boots, shoes, and slippers of every description, viz. :—

First year’s experience... we vee Les 5s. 6d. per week Second » aes eae ves ves 8s. 6d. » Third » ves bee wes . lls.3d. i, Fourth ” wes ves wes .. 178. Od. ”

GENERAL CONDITIONS.

8. Where females are employed making or finishing or clicking (but not skiving or trimming) insides or outsides, or stuff-cutting by hand, they shall be paid at the same rates as males.

9. Employers shall supply all grindery, colours, and materials, and also find workshop room and light for workers, free of charge.

10. Overtime.—The wages price or rate which shall be paid to any worker who works for any time in excess of the maximum number of hours fixed by this Award shall be in the case of male workers threepence half- penny per hour, and inthe case of female workers threepence per hour, in addition to the wages price or rate hereinbefore set forth.

11. No work shall be given out by the Employers to be performed outside factory premises.

12. Every Employer shall permit copies of the Award, contribution lists, and notices of meetings of the Union to be posted in an accessible place in the workroom of each department.

13. Nothing herein contained shall restrict the right of the Employer, if the slackness or exigency of his trade shall render it necessary, to require any section of workmen employed on any particular class of work to work for a part only of any day, but a part of a day shall not be less than four hours.

In such case the workman shall be paid only for such hours as he shall actually work. Each employer shall be required to provide a notice-board, placed in a conspicuous place in the factory or workshop, whereon shall be noted any time to be lost by the worker. The notice to be given on the day

134

1903. preceding the day on which the lost time commences. This condition not — to apply in cases of accident or breakdown of machinery.

CoasTAL 14. Any shop’s President, Collector, or Representative of the Workers’ OPERATIVE Union shall be permitted to enter on factory premises during meal hours for

BoorTMAKERS' the purpose of collecting dues from members, providing that such shop’s Uston President, Collector, or Representative does not obstruct the proper working

of any of the employees. W.A. Merno-

POLITAN 15. The manufacturer shall be entitled to introduce whatever machinery Boot Manu- his business may require, and to divide or subdivide labour in any way he FacturRERs. May deem necessary.

Any system of subdivision may be used either in connection with hand or machine labour, but the Employer must arrange the subdivision so that

the product of each man is a separate and independent operation.

PIECE-WORK RATES.

The lowest piece-work prices or rates shall be as follow, plus twelve and one-half per cent. :—

Clicking.

Outsides only, no skiving, toe-caps included; to apply to all lines except otherwise mentioned.

Per dozen pairs.

Men’s and Youths’— s. d, Lace, bluchers, and watertights, without Tinings, consisting 0 of

two pieces, per single boot 1 3 Unlined balmorals, without toe- -caps 1 6 Unlined balmorals, with toe-caps_. 1 9 Goloshed balmorals and shoes, consisting of all leathers other

than split, hide, runner, and crup 2 8 Goloshed balmorals and shoes, consisting of split, hide, and

runner 1 9 Shoes other than goloshed, consisting of all leathers other than

split, hide, runner, and crup__... 1 9 Shoes other than goloshed, consisting of split, hide, and runner 1 3 Circular vamp and Derby balmorals, consisting of all leathers

other than split, hide, and runner . 2 4 Circular vamp and Derby balmorals, consisting ‘of split, hide,

and runner . 1 6 Elastic sides, consisting of split, hide, and runner ... 1 9 Elastic sides, consisting of all leathers other than split. hide,

and runner . 2 8 Almas, including trenching and rounding, all materials. 2 0

Men’s and Youths’—Blocking— Almas, consisting of split, kip, satin, and calf 1 6 Almas, consisting of all leathers other than split, kip, satin, calf,

and patent .. 2 6 Almas, consisting of patent leather .. 6 0 Derby shoe vamps, of all materials, patent excepted 0 9 Derby shoe vamps, consisting of patent leather 4 0 Blucher fronts .. 0 38 Extra—Buttoned work, all classes of leathers 0 4

Women’s and Maids’— Balmorals, consisting ¢ of F Ip, aplit, runner, hide, sheep, and

Persian wee . . wee 1 4 With goloshes, extra . 0 2 Balmorals of all leathers other than kip, runner, split, hide,

sheep, and Persian, with or without toe-caps 1 9 Goloshes, extra . . . . vee . O 8 Outside facings, extra . 0 8 Oxford shoes, consisting of split, hide, kip, runner, sheep, and

Persian, with or without toe- “Caps 1 0 Goloshes, extra . 0 2 Oxford shoes, consisting of all leathers other than kip, split,

runner, hide, sheep, and Persian, with or without toe-caps... 1 4 Goloshes, extra . 0 2 Derby, Ada, button, one-bar, and ankle- -strap shoes, consisting

of eplit, hide, sheep, and Persian, with or without toe-caps... 1 2

135

PIECE WORK RATES—-continued. Peron

Women’s and Maids’—continued— s. d.

All styles of shoes other than Derby, Ada, one-bar, button, and ankle-strap, consisting of split, hide, sheep, and Persian, with or without toe-caps .. 1 4

All styles of shoes other than Derby, ‘Ada, ‘one-bar, button, and ankle-strap, consisting of all leathers other than split, hide, sheep, and Persian, with or without toe-caps .. 1 9

Derby, Ada, one-bar, button, and ankle-strap shoes, consisting of all leathers other than split, hide, sheep, and Persian, with or without toe-caps 1 7

Elastic-side boots, consisting ‘of split, ‘hide, “sheep, and Persian 1 4 Elastic-side boots, consisting of all leathers other than n split,

hide, sheep, and Persian . 1 9 Buttoned-boot flies... 0 3 Buttoned-boot flies, if scolloped 0 6 Almas, including trenching and rounding —all materials 1 9

Children’s work—4 to 6 to be paid at the rate of one-third less than the prices fixed for women’s corresponding lines; and 7 to 13 at the rate of one-fifth less than the prices fixed for women’s corresponding lines.

Extras—

In all lines where crup is used and not specified .. Work cut from patterns on which a margin has to be left for

beading - . bee . wee . 0 "Per pair.

Single pairs cut from paper pattern—all leathers . .. O Note.—All prices are for work cut from metal or metal-

bound patterns ; when paper or cardboard patterns are used, double rates to be paid in the respective lines,

Slippers— Per dozen pairs,

Black basil, leather back lined, with linen fronts .. 0 9 Imitation wool, carpet, felt, canvas, and Venetian, basil back

lined, with linen fronts .. wee see wee tee . O 8 With a design on the fronts ... 0 9 Lasting, with front springs,plain O 4 Patent shoe cloth, front springs, linen lined 0 6 Hides, sheep and Persian we 0 9 All leathers not previously enumerated 1 0 Elastic sides, leather backs, with linen fronts 011

Canvas shoes—

Common, with basil fittings, two toe-caps, two cross straps, four facings. basil back lined, canvas front linings and tongues 1 3

Best, faced with Russian, imitation Russian, calf, buckskin, or

imitation .. 2 0 Cricketing, faced with Russian, imitation “Russian, culf, buck-

skin, or imitation ... 2 6 Ordinary cricketing, faced with leathers (including calf offal)

other than Russian, imitation Russian, calf, ‘buckskin or imitation, four cross straps, two toe-caps, four facings, two

back straps, | with back basil Hnings, canvas fronts and tongues . i eee 19

Slipper-cut Shoes (no straps or fastenings)—

Patent cloth, and including linings .. 0 73 ith leather vamps, extra 0 24

Patent, glaze sheep, hide, and Persian 1 0 All leathers not previously enumerated 1 3

Women’s House Boots—

Lasting quarters, patent vamps, elastic, linen lined . 1 0 Lasting quarters, patent vamps and goloshes, elastic, linen lined 1 4 Lasting plain see i bee . . . 0 8

1903.

CoasTAaL OPERATIVE

BoormMakERs’ UNION

v. W.A. MEtTRO-

POLITAN Boor Manv- FACTURERS.

136

1903. STRONG WORK.

_ “ National Waz Thread” Closing. CoasTAL

OPERATIVE Piece-work—Inside. BooTMAKERES’ Per dozen

UNION | ’ puirs. » Men’s and Youths’— _— Bluchers .

we. MrETRO- Lace-ups, three r rows

Boor Manu- ‘aee-ups, two rows ANU- Watertights, three rows FAOTURERS. Watertights, two rows . N

Wwe Sw

ODrwWwon

Piece-work—Outside only. Men’s and Youths’—

Bluchers Lace-ups, three rows Lace-ups, two rows... Watertights, three rows Watertights, two rows wee Navvy watertights, high legs, ‘short vamps, three rows ... Ada or butterfly, watertight tongues Le Ada or butterfly, loose tongues . Watertight lace, three rows ... Watertight lace, two rows Watertight bluchers, three rows Watertight bluchers, two rows we Seamless or side-seam watertights ... Mallee watertights Watertights or water tight lace—counters and ‘tongues, sides

hand closed Watertights or watertight lace—circular vamps, counters, and

tongues, fronts hand closed Miners’, crop toe-cap and golosh | Counters Single rows on vainps (ordinary work) Single rows on vamps, Derby balmorals 4’s to 13’s balmorals, vamps only, two rows

Extras— Double tongues Piecing tongues

- Piecing counters, when seamed ‘at back Copper rivets with washers -

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Machining— Piece-work—Outside only.

Men’s and Youths’— Unlined balmorals, with or without toe-caps Goloshed balmorals and elastic sides, consisting ‘of split, hide,

and runner, with beaded tops and facings . Goloshed balmorals and elastic sides, consisting of split, hide,

and runner, with raw edge Goloshed balmorals, consisting of all leathers other than split,

hide, runner, and eru . wee With beaded vamps, goloshes, and caps, extra Outsides—beading legs, extra

Elastic sides, consisting of all leathers other than aplit, hide, and runne

Oxford, Derby, ‘and goloshed shoes, consisting of split, hide, and runner, if beaded...

Oxford, Derby, and goloshed shoes, consisting of split, hide, and runner, with raw edge

Oxford and goloshed shoes, consisting of all leathers other than split, hide, runner, and cru p se tes

With beaded vamps and ‘toe- -caps If outside quarters beaded - .

Circular vamps, consisting of split, hide, and runner Circular vamps, consisting of all leathers other than split, hide,

and runner . Derby balmorale, consisting of ‘split, hide, and runn Derby balmorals, consisting of all leathers other "than n split

hide, and runner ... wee wee we

—

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137

STRONG WORK—continued. Per doze pairs. Men’s and Youth’s—continued—

Almas of all materials, with top bands only beaded Almas of all materials, with beading round gore, extra .. Buttoned boots, all classes of leather, extra . . Buttoned shoes, all classes of leather, extra

Women’s and Maids’— Balmorals, consisting of split, runner, hide, sheep, and Persian,

with or without toe-caps, as follows :— With beaded tops and facings baa With raw edge. wes With goloshes, extra

Balmorals, consisting of all leathers other than kip, "runner, split, hide, sheep, and Persian, with or without toe-caps, as follows :—

Beaded fronts Unbeaded ...

Extras— Goloshes Goloshes beaded, extra Beaded caps Legs, beading outside . see

Unlined balmorals consisting of kip, ‘split, and runner ... Buttoned boots, all classes of leather, extra Buttoned shoes, all classes of leather, extra Oxford shoes, consisting of split, hide, sheep, and Persian, with

or without toe-caps, and with beaded linings . Goloshes, extra...

Oxford shoes, consisting of split, hide, sheep, and Persian, with or without toe-caps, and with raw edge . .

Goloshes, extra... ‘Oxford shoes, consisting of all leathers other than kip, split,

runner, hide, sheep, and Persian, with or without toe-caps

Extras— With goloshes With goloshes beaded, extra Beaded caps wee Beading outsides ...

Elastic side boots, consisting of hide, ‘split, sheep, and Persian... Elastic side boots, consisting | of all leathers other than n split

hide, sheep, and Persian ...

Extras— Beaded vamps Beaded gores .

Almas, consisting of kip, split, hide, and calf Almas, consisting of all leathers other than n kip, split hide, and

calf “Gores beaded, extra. ves

Derby, Ada, and one-bar shoes, consisting ‘of split, hide, sheep, and Persian, with or without toe-caps...

Derby, Ada, and one-bar shoes, consisting of all ‘leathers other than split, hide, sheep, Persian, ¢ calf, and Levant goat, with or without toe-caps

Extras Beaded vamps Beaded caps Outside beaded

All styles of shoes other than Derby, Ada, one-bar, button, and ankle strap, consisting of split, hide, sheep, Persian, calf, and Levant goat, with or without toe-caps, and with beaded tops ... sae vee wee bes wee one eee see

All styles of shoes other than Derby, Ada, one-bar, button, and ankle strap, consisting of split, hide, sheep, Persian, calf, and Levant goat, with or without toe-caps, with raw edge

All styles of shoes other than Derby, Ada, and one-bar, consisting of all leathers other than split, hide, sheep, Persian, calf, and Levant goat, with or without toe-caps —....

ow f

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1903.

CoASsTAL

OPERATIVE

RooTMaKERS’ UNION

Uv,

W.A. METRO-

POLITAN Boot Manu- FAOTURERS.

138

1903. STRONG WORK—continued. Per oven

—_ Women’s and Maids’—continued— s. d. CoasTAL Wxtras—

OPERATIVE Beaded vamps wee vee vee vee . O 6 BooTMAKERSs’ Beaded caps wes wee wee wee vee . O 6

Unton Outside beaded 0 9

W.A. Mzrno- Ankle Strap Shoes, consisting of split, hide, sheep, and Persian— POLITAN Women’s and Maids’

Boot Manv- 7s to 13’s vee FACTURERS. 3’s to 6’s ... O

e

Aoo

Ankle Strap Shoes, consisting of split, hide, sheep, and Persian, with raw edge—

Women’s and Maids’ 7’s to 13’s 3’s to 6’s

Children’s work— 4’s to 6’s, at the rate of one-third less than the prices fixed for

women’s corresponding lines. 7’s to 13’s, at the rate of one-fourth less than the prices fixed

for women’s corresponding lines. All scolloped work, vamps, extra

All scolloped work, goloshes, extra ... All lines consisting of crup, extra vee Single pairs, all lines, extra, 3d. per pair.

bo

bo

OA

ooo

w

Slippers, all sizes —- Black basil, imitation wool, carpet, felt, canvas, venetian, and

split vee we i With front springs, ‘extra .

Lasting and patent shoe cloth, with front springs, Plain Hide, sheep, and Persian vee . .

With front springs, extra All leathers not previously enumerated

With front springs, extra Hand worked _... = With scolloped work, extra O

WONOFNOF

AMwWwwoowhd

Canvas Shoes, all sizes— Common, with basil fittings, two toe-caps, two cross-straps, four

facings, basil back lined, canvas front linings, and tongues Common, without straps Best, faced with Russian, imitation Russian, calf, buckskin, or

imitation ... Cricketing, faced with. Russian, imitation ‘Russian, calf, buck-

skin, or imitation ... 5 Ordinary cricketing, faced with leathers (including calf offal)

other than Russian, imitation Russian, calf, buckskin, or imitation, four cross-straps, two toe-caps, four facings, two back straps, with back basil hinings, canvas fronts and tongues... vee vee wes ves vee wee . 38 6

me

wo

So

9 WO

Slipper Cut Shoes (no straps or fastenings)— Patent cloth (including linings), leather vamps, sheep, hi hide, and

Persian... 1 6 With side seam, extra . ves wee ves . O 8

All leathers not previously enumerated... we we . 3 6 With side seam, extra ve 0 3

Women’s House Boots— Lasting quarters, patent vamps or CAPs clastic, linen- lined 3 3

With goloshes, extra... . wee 0 6 Lasting, plain . 3 0 Lasting, elastic sides, with beaded top-bands 4.3

Extras— Toe-caps 0 38 Vamps 0 6 Goloshes 0 6

139

STRONG WORK—continued.

Hand Closing (throughout). Men’s—

3 rows—Watertights ... . 2, Watertight bluchers 2 5 Ordinary lace- UPS: with h water-tight tongues, vamp over

b. ack .. * Butterfly. cut .

Larrikin cut* .. » Lace-ups, loose tongues » Bluchers, plain

Youths’— 3 rows—Watertights ... .

” Watertight bluchers-

NOW bb

» Butterfly cut Larrikin cut*

” Lace-ups, loose tongues ” Bluchers, plain : N

HN NNNN

Men’s— Field boots, side seams, back seams, piece let in in front

Wellingtons, Men’s—

Full . vee Three-quarters ... Half Knee or sluicing, and firemen’s boots Thigh or fishermen’s boots “

Wellingtons, Youths’—

Full vee Three-quarters . Half a wes vee wee Knee or sluicing, ‘and firemen’s boots

Hand Closing (Fronts only).

Men’s— 3 rows—Watertights ... 3 Rink watertights 24, Watertights ... 2s Larrikin cut* 2, Half-larrikin watertights 24 ,, Half-larrikin watertights

” Side seam or seamless watertights — ” Ordinary balmorals ... ves » Watertights (balmorals) ” Derby balmorals see . ” Lace-ups, vamps over quarters

Lace-ups, quarters over fronts... » Lace-ups, fronts on to watertights quarters ” Bluchers, long seams ” Bluchers, short seams » Watertight bluchers ” “U” or butterfly cut bo

bo

bo

be

bb

bv

bd

bb St

Youths’—

3 rows—Watertights ... 23.., Watertights .. ... 2, Ordinary balmorals ... 2 Watertights (balmorals) 24 Derby balmorals oe 2 » Lace-ups, vamps over quarters 2 Lace-ups, quarters over fronts 2 5 Lace-ups, fronts on to watertight quarters 2 5 Bluchers, long seams

” Ordinary ‘Bce-UPs, watertight tongues, vamp over back 11 1

Per dozen pairs.

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* Peak not to exceed 2 inchvs from the extreme point of the toe of upper before making,

1903.

CoasTaL

OPERATIVE

BooTMaKEBs’ UNION

Vv.

W.A. METRO-

POLITAN Boot Mant- FACTURERS.

140

1903. STRONG WORK—continued. Per dozen

- Youths’ — continued. s. d. Coastal 2 ,, Bluchers, short seams 3 0 OPERATIVE © 2», Watertight bluchers 5 0

BoormaKERs 2 » “U” or butterfly cut 6 6 Union ” Larrikin cut* .. . 9 0

v. Firgt row, kip, single backs 2 6 W.A. Merro- .

POLITAN Boys’, 7’s to 13’s—

Boot Manv- 2 rows—Ordinary balmorals .. . 3 6 FACTURERS. 2 5 Lace-ups, vamps over quarters 3 6

2 4 Lace-ups, quarters over fronts 3 0

Women’s and Maids’, 1’s to 8’s—

2 rows—Ordinary balmorals ... 4 ” Lace-ups, vamps over quarters 4 0

3 ” Lace-ups, quarters over fronts 3 6

Girls’, 7’s to 13’s—

2 rows—Ordinary balmorals ... Lace-ups and balmorals, first row before. machining Lace-ups and balmorals, first row after machining “ Watertights, first row and across tongue before machinin Men’s shooting boots, one row at side and including stay, after

machining . Men’s shooting boots, ‘butterfly cut, extra Bluchers, side seams Crup boots, extra. Extra rows (all lines) 1

oe

B bo

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6 6COOOMm

* Peak not to exceed 2 inches from the extreme point of the toe of upper before making.

MAKING AND FINISHING. Making shall include stiffener or any toe. Finishing shall mean white to heel and top piece, square or bevel waists, including fudging.

Classification of Leathers.—To be determined by Leather in Vanips.

Class 1.—Buckskin, imitation buckskin, crup, glace kid, glove kid, white kid, patent calf, imported calf (all kinds, black or coloured), Levant seal. Class 2.—Colonial calf, and all other leathers not specified in either Ist or 3rd Class. Class 3.—Mock kid, offal kid, glace sheep, glace Persian, polish grain, satin, split or hide (black or coloured), sheep Levant, waxed wallaby, glaced

wallaby, satin wallaby, kip, split, offal grain, Persian sheep.

| ; Ankle Straps (Bottoms made by Finisher). , , Boys’ ; 1 , Girls’ Children’s. ; ;

Men’s. Youths’. 10’s-13’s. Women’s. | Maads’. 10’s-13's. Maids’ Girls’ | Children’s.

| 7’s-9’s, 4's-6’s. 2's. 11’s.-1’s. | 7's-10'5. | 3’s-6'5.

% 3 bb 2) ./ Fi) olf ¢ Fle Flel Fle Pl el Fle]? | oF] s z A 4 & a A + a a | & 4 a: & a asda a a a ai8e:14 a 4

4/2]}3/2)/2/8) 8/2 2:/:2/2,2!12)2/2 £EILSl/El\2/2:8!:21 8/8 P=} fx =| a a fu =| | -A m& | @ | & a | & | a & | a] em | a] ee | mH | a | &

a ee oe

per per per | per | per | per | per | per | per | per r | per | per | per | per | per | per | per | per’ per | per | per | per | per pair. pair. | pai pair. | pair.| pair. | pair.| pair. | pair. | pair. | pair. | pair, | pair. | pair. | pair | pair pair. | pair. pair. | pair. | pair, | pair. /pair.

Machine Sewn and | Pegged. s, d.|s. d.|s. d.|s.d.[s. d.js.d.Js. d.[s.d.js. d./s.d.f[s.djs.djs.djs.d.Js.d.js.d-s.dis.dj/s.d..s.d.js.d.is.d.js.d.|s.d.

Leathers—Class 1/1 44/0 11 |1 13/0 83)0 114)0 8/1 03/0 9 |O 1143/0 8 |0 93:0 8 |}0 9 10 73/0 8 |O 64,0 84:0 73/0 73:0 63/0 64; 0 53/0 53/0 5

» Class 2}1 21/0 103/0 11310 8/0 93/07 0103/08 }0 9350710 8|/07 O 73,0 63/0 64/0 523°0 8 ‘0 6310 7 | 0 53:0 53:0 43/0 5 04

” Class 3/1 1/0 84/0 11 0640 9/0 6/0 9310 7 |0 83/0 6G JO 7310 6 [O 63/0 53/0 6 0 43 0 74,0 63/0 63 0 54/0 55,0 44/0 5 04

: 1 :

Riveted. ; | Leathers—Class 1/1 2/10 9/1 0/07 10 10/0 63/0 11107 1/0 10/0 63/0 8 (0 6 [0 72/10 6 O 63/0 53/0 73:0 63/0 63 0 6 0 53/0 5 0-510 5

» Class 2'0 1114/0 8/0 93106/0 8/0 5410 9/06/00 8/0 53/0 7 |0 5 |0 63/0 5 |0 5310 43:0 63,0 53/0 53.0 5 |0 44,0 4 10 4/0 4

” Class 3/0 94/0 64/0 8/0 53/0 72105/0 8 |0 5310 7/05 JO 630 4310 54/0 43/0 5 O 34/0 63/0 53/0 53:0 5 0 4810 4 04104

(See Note below.) | | Welts,—All sizes and classes 6d. per pair for making more than corresponding sizes and classes machine sewn, NoTe.—Class 3, men’s and youths’ riveted boots, bottoms

not to be filed by maker. Light and strong work to be made and finished under their respective headings only.

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MAKING AND FINISHING.

Wood Last Work.

Men’s. Youths’.

Items.

Making. |Finishing.| Making. /Finishing.

per pair. | per pair. | per pair. | per pair. s. d. s. d. s. d. 8.

Knee boots, sole and slip, or bricks ... | 2 3 0 & 1 10 0 7 Wellingtons, long and short, sole and

slip, or bricks ... 2 0 0 8 1 7 0 7 Water-tights, bluchers or ton gued lace, .

sole and slip, or bricks . 1 10 O 6 1 4 0 6 Extras—

Sprigged foreparts, £ filed . 01 0 1 Sprigs, rough . 0 1 01 Square hobs 01 0 1 Toe-plates ... Oo 1 0 1 Waists, nailed or sprigged 0 1 0 1 White pegs .. wee we 0 1 0 1

Miscellaneous.

— Making. |Finishing.

per pair. per pair. Canvas Shoes (all sizes)— s. d.| s. d.

Best, faced with Russian, imitation Russian, calf, buckskin, or imitation . . 0 10 wee

White bottoms _... wee wee 0 7 Common, basil fittings ... 0 34 a Edges only, water or coloured, heels only | trimmed we O 24

Common cr icketing, soft toe. . . O 43 . Common cricketing, stiffener toe wee O 5 Brown canvas shoes, with straps, toe- -caps, facings,

and counters of leather not mentioned in best or common classes (men’s only) . 0 5 ses

Edges only, water or coloured, trimmed vee vee 0 3} Black canvas shoes, patent facings, toe- -caps and

straps (women’s and children’s only) sae .. | O 6 wee White bottoms . O bt

House Boots— Lasting, with or without vamps | or caps 0 33 we Black edges . sae 0 2 Black bottoms, either by maker or finisher (grain on) 0 1 0 1 Lasting, elastic-side boots or shoes, with or without

toe-caps, half-military heels, not to exceed a inch in height . 0 6 we

White bottoms ves 0 5 Felt . 0 3 ses Black edges. soe 0 2 Black bottoms, either by ‘maker or finisher (grain on) 0 1 01

Common Slippers (all sizes) — Fancy, basil, foxhead, venetian 0 2 . Patent oil-cloth and carpet O 23 . Split 0 24 see Edges only, water or coloured, heels only trimmed.. wee 0 03 Lasting we we vee we we vw. | O 33 ve Felt O 23 Brown bottoms, “edges” only, ‘water. or coloured,

trimmed . . ee wes vee 0 1} White bottoms we O 24 Levant 0 24 aes

1908.

CoasTaL OPERATIVE BoormaKErs’

UNION Vv.

W.A. Mertro- POLITAN

Boor Manv- FACTUREBS.

1903.

CoasTaL

OPERATIVE BoormaKERs

UNION Vv.

W.A. Merro-

POLITAN Boor Manv- FACTUREES.

144

MiscELLANEOUS—continued.

Making. |Finishing.

Common Slippers (continued)— Brown bottoms, edges only, water or coloured,

trimmed White bottoms Patent calf White bottoms, black edges Satin, grain, and leathers not previously enumerated Edges only, water or coloured, heels only trimmed.. Black edges

Slippers— Hand worked . Leather, first quality Leather, raw edge Hand worked (women? 3 and children’ 8) Leather, first quality. Leather, raw edge (women’ 3 and children’ 3) Hand worked, white to heel . . Leather, first quality, white to heel ... Leather, raw edge, edges only Hand worked, white to heel Cromen’ sand children’ 8) Leather, first quality, white to heel Leather, raw edge, edges only

Boots and Shoes, ready for rubber—

” »”

All men’s and women’s, lst class, less than corresponding lines machine sewn

Women’s, 2nd and 3rd classes, less than corresponding lines machine sewn

All others less than corresponding 1 lines machine sewn ...

Tennis Shoes— Men’s Class 1

Class 2

Class 3 Women’s—Class 1

Class 2 Class 3

_ ©CO0CCr

per pair. | per pair. s. d.| s. d.

. Oo 13 . 0 23 6 wee

. 0 5 3 wos

. 0 0% Oo 1s

0 9 44 aes 7 wee 7 wee 4 wee

. 0 10 . 0 7

QO 24 0 3 0 5 0 24

3

2

1

0 6 0 54 O 4 Oo 5} O 44 O 3}

Inrants’ Boots anp SHOES, 0’8 To 6's, NEEDLEWORK, BY HAND.

Making. Bocts—

Sewing and turning, leather or linen lined Extras—with patent vamps or goloshes All white work i . ee wee

Shoes— Sewing and turning, leather lined Sewing and turning, linen lined. Extras—with patent vamps or goloshes All white work bee

Finishing,

Infants’ Boots or Shoes—

0’s—3’s 4’3s—6’s Extra—all white work

Pumps.

Per dozen pairs.

s. d.

oow

aw o

O

CORE

Dw

aw

Finishing, per dozen pairs.

Classification of Leathers—Classes 1, 2, and 3, same as for machine sewn. Class 4.—Patent railing, glaze sheep and cloth.

145

Finishing— White to Heel. 1903.

—_ Men’s | Women’s. | 10’s-13’s. | 4's-9’s. | 4’s-13’s. CoasTAL

wee ee ee _..... OPERATIVE per pair, | per pair. | per pair. | per pair. | per pair BoormMakKERS’

ir. pair. pair. . .

sd |adfsdi|sd{s a UNION Class 1 woe ae | OTL | O 9 | O06] O 5 W.A. Merro- Class 2 eee eae eee (@) 94 0 8 0 5 0 4 POLITAN

Class 3 wee vee wee 0 74 0 6 0 6 0 4 Boot Manes- Class 4 vee wee ves ves 0 3 ypacruRERs, Common Court Shoes and

Slipper Pumps— Class 4 ves wee wee 0 5 O 4

Eztras on Light Work.

i n’s an Women’s | Boys’ and

yout : Maids’. |4's to 13's.

Items. : . te te . te

‘fla|elaiala A : 3 a

is/éls alsa

per | per | per | per | per | per pair.| pair.| pair.| pair.| pair.| pair.

d.{ d.}] d. .| dtd. Bevel edges, foreparts ... 1 . fl 4 Black channels, not drawn out.. 2 2 1 Black channels, drawn out 4 34 2 Bordered and bunked, foreparts only .. 3 23 14 Bordered and bunked, waists ... 1 1 4 Bordered only, waist included if desired . 2 2 1 Bottoms, black (except patent ankle-straps)... 14 1 4 Bottoms, spankum (either by maker or

finisher) .. . -{1 [2 71 [1 | 4 Bottoms, slicked (other than brieks)* 2 14]... ]1 Bottoms, screwed or imitation screwed 2 2 .. | 1d

Bottoms, plain-headed plugs : 1 ge]. 4 Bunked, only foreparts .. vee | cee | LGR] LY 1 q Bunked, only foreparts, + inch and under we J we fl . | wee foe Bunked waists. wef ae | Do fo. d dl fw. | 4 Bracing Is.| ... | 9 f... | 9 |... ‘Clumps, cork inserted (rand finished before

boot is wholly put up) 6 {6 |5 |5 | 3} |] 34 Clumps, cork inserted ready-made rand wf [Ll [8 71 | 2h] 4 Clumps outside or inside, one row of ete Bf... [8 |... | 2

rivets, or plain-headed plugs inside | 24]... | 24]... | 14 Clumps, outside or inside, two rows of ( outside | 4 .. | 84]... | 25

rivets or screws, or imitation screws or pin points inside | 34'.../3 !...] 2

Clumps, inside, 4 inch, and over in rough, without rivets or plugs, other than bricks wef 2 oP. P 2 fu. fl |...

Clumps, bevel, outside or inside, all classes ... | ... | 6 | 5 w. | 3h Clumps, square, outside or inside, all classes

(# inch and over when finished), other than bricks... .. | 3

‘Clumps, equare, outside or inside, all ‘classes, one row of rivets . . Lf oe | eee | SB 2 2 13

Colours, white only wee vee vee we fl 1 1 ] 4 ‘Copper toes i... AY. | og] oe] gfe. ‘Cork inserted in welt in ‘ordinary double soles | 2 |... | 2 |... 1} Cork inserted in welt (when middle Prepared

by employer) ... 1 ]..]}1 fd...) ¥

Boys’ 10’s-13’s, 13d. per pair.

1903.

CoasTaL OPERATIVE

BooTmMAakERs’

Union v.

W.A. Mztro- _ POLITAN Boot Manv- FACTURERS,

146

Extras on Light Work--continued.

Items.

Men’s and | Youths.

' Women’ 8 an

. Maids’.

Boys’ and Girls’

4's to 13°s.

Finishing.

Making.

Fini

shin

g.

Finishing,

Cork imitation and divided edge e clumps, i inside or outside .

Covers lasted in ... Covers, cutting off Crowing or dull marking, strips and top-

pieces... Crowing, fancy. all lines.. Crup, with calf caps Crup, without caps Crup, with crup caps Fiddle waists . Fiddle waists, spire 1 inch from joint... Fiddle waists, spire over 1 inch Hammering down Pegs or Rivets, where lasts

are worn Heels over 1} inches high, measured from

centre of top-piece, up to 2 inches ... Heels over 2 inches Heels, screwed, or imitation screwed top-

pieces . wee . Heels, bordered top-pieces Heels, chopped .. Heels, imitation Wurtemberg, ‘measured from

centre of top-piece up to 14 inches . . Heels, imitation Wurtemberg, measured from

centre of top-piece over 14 inches Heel pins, on ordinary work... Heels, shaved with No. 9 shave or over, under

14 inches high, measured from centre of top-piec wee

Heels, ventilated, “all lines . Hungarian nails, including top-piece—

Two rows round and three rows in centre Two rows round and two rowsin centre ... |

One row round and two rows in centre Indestructable toes in all classes Imitation-stitched foreparts, middle ‘stitched

before being puton .. . Leather tips, when made by maker Measures (not including heel pins) —

When lasts fitted up - vee Lasts to be fitted by maker

Patent vamps or vamps and goloshes .. Patent toe-caps on all classes (except on n patent

vamps) ... Pin points, top-pieces Rounding stuff soles and insoles from the rough Rounding stuff, already cut, toes Rounding stuff already cut, heel to toe Rubber lift in heel ve Rubber forepart or through Samples... wes Slicking (boning) uppers on the last... Sole and slip, with waist-pieces.. Spike-toe, in size 7, i inch back from toe,

under 1} inches . Orme:

14

= 0

woh

en

on

a

Ta

w

wb

1}

mbb:

r -| pair.

awh:

:

Ne

1}

34

phe

bike

|

147

Eaztras on Light Work—continued.

Men n’s and Youths’,

Women's 8 “\ Boys’ and

Items,

Finishing.

Making.

Finishing.

Spike-toe, in size 7, ye inch back from n toe, Mt inches... .

Spike toe ... Sprig foreparts, not filed—

Two rows round and three rows in ceutre Two rows round and two rowsin centre ... Onerow round and two rows in centre

‘Sprig foreparts, filed—

Two rows round and three rows in centre | : Two rows round and two rowsincentre ... | One row round and two rows in centre |

Sprigged toe and joint, one row Sprigged toe and joint, filing (either by

maker or finisher) . Spriggs or nails, additional rows—per row ‘Spur box... Stitched foreparts, not pricked .. Stitched foreparts, pricked up .. Stitched foreparts to heel, not pricked up Stitched foreparts to heel, pricked up .. Stitched aloft, foreparts chopped Stitched aloft to heel... Stitched aloft, foretops not

finished bottoms Stitched aloft to heel “(the waist chopped

being 2d.) Strips, “half-moon or one ‘Peak .. Strips, peaked vee Strips, spire Taking piece out ‘of breast of ‘top piece, and

colouring to taste of employer Through or runner Through . Thigh boots Toe and joint, when pegs left out and sprigged

instead (sprigs not filed) . Top pieces, black or coloured, all lines | Waists, fancy, any colour, all lines Waists, brown wee ve Waists, black “ Waists, corrugated or scored Wellingtons, long and short Welts, yellow . Welts, wide, made in any class, over } inch

when finished measured from outside joints Welts, wide—except in stitched . Welts, half-wide, except in stitched, } inch

when finished, measured from outside joints Nore.—With reference to welts, half

the extra to be paid to the person closing channel and half to person putting on stuff.

Wooden heels, preparing seat for Wooden heels, putting on by hand _... Wurtemberg pumps and welts, split soles Work done on a wooden last with iron plate ...

" chopped ‘if

be

1: O

Ww WNwWwONND

Nil

Nil

.| pair.

5 PHONO:

ONwe

cs

LS)

> oe

[Nw www

Nil

a ao

) Nil

. re

y :

ws Oe eS

uo.

lel

per

> oe

Nil

bia

deo

1s

Nil

.| pair. d.

Nore.—Extras on pumps, same as for machine-sewn work.

1908.

CoasTaL

OPERATIVE

BootMaKERS’ UNION

Vv.

W.A. Merro-

POLITAN Boot Manu-

FACTURERS.

148

1903. Deductions.

Coastal ; |Boys’ and Girls’, OPERATIVE Men's and Boys’. Women 5 Girls’. |

, ?_ [10's-13’a, an *s-13’3,' BooTMARERS oe Maids’. |" °°" 75.19's,| 3'56's,

Vv.

W.A. Metro- r r r POLITAN per pair.| pir, | Per Pair pair. pair. pair.

Boot Manu- . ¥FACTUREBS. Heeling— d. d. d. d. d. d.

Class 1... 3 24 3 2 wes vee Class2... 0 0. 00 n. 24 2 23 | 12 Class 3... ees eee 2 14 2 14

Bottoms not finished—All classes vee vee Lee 2 1} 14 1 $

Finishing wooden heels— Class 1... ves . 4 4 3 Class 2... 3 3 2

Class3... 2 2 14

Fitting Stuff— Stiffeners andtoes ... 3 vee 3 wee $ +

Re-lasting, closing channels, and putting on split lifts—

Class 1... vee ee 2 tes 1} }

Class 2... ses ves 1% wes 1} § Class 3 ... vee wee 13 wes 1} was Fy Welts ... wes vee 2 vee 14 Lee 1

Heeling Pumps, including Split Lift when used.

_ Men’s and Boys’, Women’s and Girls’. Youthe’. 10’s-13's. Maids’. 7’3-13'8,

per pair. per pair. per pair. per pair.

d. d. d. d. Class 1 vee | 4 3} 4 3

Class 2 wed 3 2h 3 24 Class 3 wee 2} 1% 2} 14

In WITNESS WHEREOF this. Award has been signed by the

President, and the seal of the Court has been hereto affixed this 21st day of December, 1903.

S. H. PARKER, J.,

[SEAL. ] President..

149


Coastal Coachbuilders’ Industrial Union of Workers.

v.

Bowra & O'Dea; Bolton & Sons; R. Johnson; Daniel White & Company, Limited; R. Cockburn; C. Glaser; J. Wilson; M. Frost ; J. Rhodes; W. Miller ; and P. Hanraitty.

Industrial dispute Coachbuilding trade—Employers dissatisfied with

Recommendation of Board of Conciliation, refer matter to Court— Workers revert to original claims before the Board—Owing to non-appearance of employers case adjourned, question of costs of day reserved—Costs eventually allowed— Employers proposals for settlement—Award.

This dispute had originally been brought by the Workers’

Union before the Board of Conciliation for settlement, and a Recom- mendation had been made by that body (reported previously Vol. I.

p. 188), the terms of which being unsatisfactory to the employers»

that party had within the time prescribed lodged an application causing the dispute to be referred to the Court.

Although the workers would have been content to accept the terms of settlement suggested by the Recommendation as a whole, still, when the employers re-opened the dispute they reverted to their original claims, which were in the following terms :—

‘CLAIMS MADE BEFORE THE BoarpD OF CONCILIATION BY THE COASTAL

CoACHBUILDERS’ INDUSTRIAL UNION OF WORKERS.

1. The Award to have a currency of two years.

2. Forty-eight hours to constitute a week’s work.

3. The award to apply to the whole of the South-West Industrial District.

4. The rate of pay to be eleven shillings per day (minimum), except as regards vice-men, the minimum for whom shall be ten shillings per day.

5. Overtime to be paid for at the rate of time and a-quarter for the first two hours after 5 p.m., on the first five days of the week, and time and a-half after twelve noon on Saturdays and after seven p.m. on week days; double time to be paid on Sunday, Good Friday, Eight Hours’ Day, and Christmas Day.

6. Piecework to be abolished and men to be employed on the day-work system only.

7, All boys or juniors to be apprenticed by indenture to the employer for a term of not less than five years. The proportion of apprentices or non-competent men not to exceed one to every four competent men or fraction of four.

8. The employer not to discriminate against members of the union.

9. Any worker feeling his inability to earn the rate of wage herein fixed may, on application to the Secretary of the Industrial. Union of Workers (a party to this agreement), receive a permit in writing for such

1903.

Octoder 22. November 8,

4, 5. December 21.

1903.

CoasTaL Coacn-

BUILDERS’

Union ve.

Bowra &

O’Dra AND

OTHERS,

150

lesser wage as may be agreed upon; in default of such, or on the Secretary

refusing to grant a permit, the rate shall be fixed by the Chairman of the. Conciliation Board, who shall give the Secretary of the Union at least 24 hours’ notice of the time at which the worker intends appearing before the Chairman, and he (the Secretary) may be heard in objection to the application if he so desires.

On the 22nd October, when the case was called on, there was no

appearance for the employers, but a letter was handed in to the

Court by which it appeared that the representative appointed by them was unable to attend owing to illness.

Mr. F. I’. Wi1son, the agent for the Workers’ Union, explained that he had received no notice of any intended application for adjournment, and had consequently appeared with five witnesses ready to go on with the case. He applied for the costs of the day.

The Court adjourned the hearing of the dispute until after the conclusion of the Yarloop case, the question of costs to be discussed when the matter again came before the Court.

On the 38rd November, the dispute having been again called on, Mr. Wilson renewed his application for costs of the previous day’s attendance.

Mr. J. Puatr, the representative of the employers, explained that he had been taken suddenly ill, and had been under medical treatment, and unable to attend, or to give any further notice than that conveyed in the note sent to the Court on the 22nd ultimo.

The Court. decided that the Union was entitled to the expense of its witnesses for the previous day’s attendance, and ordered the

employers to pay to the Unioa the sum of £2 10s. in satisfaction thereof.

The case for the workers was then opened, but before any evidence was called the Court adjourned for the purpose of inspecting one of the chief carriage factories, where the various branches

of the industry were explained.

On resuming, evidence was called in support of the workers” claims, on the conclusion of which the case for the employers was

opened, and the following proposals were made on their behalf for the settlement of the dispute (traversing the workers’ claims).

1. “Period of Award”: The Award should not be made to exceed one year in duration, on account of trade fluctuations and the receding tariff.

2. ‘Area of Award”: The Award to apply to the whole of the

South-West Industrial District, owing to the fact that the metropolitan employers had to compete for the country trade.

3. “ Forty-eight hours to constitute a week’s work”: The em-

ployers agree to this clause.

151

4. “Minimum wage”: The minimum to be fixed at 7s. per ‘day for competent men over the age of 21 years, except as regards vicemen, the minimum for whom to be fixed at £1 15s. per week.

~

5. “Overtime”: The employers opposed all extra pay for over-

time performed on week-days, including Saturday afternoons, but

they were prepared to pay overtime at the rate of time and a-quarter for work performed on Sunday, Good Friday, Eight Hours’ Day, and Christmas Day.

6. “* Piecework”’: The employers claimed the right of employing their workers on either the piece or time system.

7. “Compulsory Indenturing”: The employers contend that this is beyond the jurisdiction of the Court, and, further, that it is

impracticable and unnecessary.

3. “No discrimination against Unionists”: The employers

suggest that the following clause be substituted for the clause proposed in the workers’ claims :—“ No employer shall discriminate against a member of the Union, and no member of any Union shall coerce or intimidate any non-unionist, or question him as to his

reason for not joining a union. Both unionist and non-unionist to work in harmony.”

9. Permits for Incompetent Workers” : The employers agree

to the insertion of the usual clause as settled by the Court in recent

Awards.

{t was mutually settled that the term “ coachbuilder” should

mean “any person of the age of 16 years and upwards not being an

apprentice, clerk, or employer, employed as bodymaker, carriage-

maker, smith, wheelwright, coach painter, trimmer, or machinist, in

the coachbuilding trade.”

After hearing the evidence for the employers and the final addresses of the representatives, the Court adjourned to consider its Award.

On the 2]1st December, 1908, the Award was delivered in the

following terms :—

Court oF ARBITRATION, WESTERN AUSTRALIA.

In the matter of “ The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of an Industrial Dispute between the Coastal Coachbuilders’ Industrial Union of Workers (hereinafter called “the Union’’) and Bowra & O'Dea, Bolton & Sons, R. Johnson, D. White & Company, Limited; R. Cockburn, C. Glaser, J. Wilson, M. Frost, J. Rhodes,

W. Miller, and P. Haaratty (hereinafter called “the Employers ’’).

AWARD.

The Court of Arbitration of Western Australia (hereinafter called “the Court”) having taken into consideration the matter of the above-mentioned dispute, and having heard the Union by its

1903.

CoasTAL CoacH-

BUILDERS’ UNION

Vv.

Bowra & O’DEA AND

OTHERS.

1903.

CoasTAL CoacuH-

BUILDERS’

UNION Vv,

Bowra & O’DEA axp OTHERS.

152

representative, F'. F. Wilson, and the Employers by their representative, John Phair, and having heard the witnesses called by and on behalf of the Union and the Employers respectively, doth hereby

order and award that, as between the Union and the members

thereof, and the Empioyers and each of them, the terms, conditions,

and provisions set out in the schedule hereto, and of this Award, shall be binding upon the Union and the members thereof, and the Employers and each of them, and that the said terms, conditions and provisions shall be deemed to be and they are hereby incorporated into and declared to form part of this Award. And further,

that the Union and every member thereof, and the Employers and each of them shall respectively do, observe, and perform every matter and thing by this Award and by the said terms, conditions,

and provisions on the part of the Union and the members thereof,

and on the part of the employers and each of them respectively,

required to be done, observed, and performed, and shall not do

anything in contravention of this Award or of the said terms, conditions, and provisions, but shall in all respects abide by and observe and perform the same.

AND THE CoURT DOTH FURTHER ORDER that this Award shall

apply to the Coachbuilding Industry, and shall operate and have effect over the whole of the South-West Industrial District. And further, that this Award shall have effect from the first day of January next, and shall continue in force until the thirty-first day of

December, One thousand nine hundred and four.



2. The following shall be the minimum rates of pay which shall be payable by the employer to all male workers of the age of twenty-one years and upwards :—

Bodymaker, Carriage Maker, Smith, ) Coach Wheeler, Wheelwright, 7 10s Od. per day. Trimmer 5

Painter wee vee vee we 9s.Od. __,, Viceman vee vee see wee Zs. Gd. ,,

3. Overtime shall be paid for at the rate of time and a-quarter for the first four hours worked after 5 p.m. on the first five days of the week; time and a-half after twelve noon on Saturday, and also after four hours’ overtime has been worked on any other week-day. Double time shall be paid for work performed on Sunday, Good Friday, Eight Hours’ Day, and Christmas Day.

4. Any worker who considers himself incapable of earning the

minimum wage hereby fixed may be paid such less sum as shall from time to time be agreed upon in writing between such worker and the Secretary of the Union, or in default of such agreement as shall from time to time be fixed in writing by the Chairman of the Board of Conciliation for the South-West Industrial District. Such wage shall be fixed upon the application of the worker, who shall give twenty-four hours’ notice thereof in writing to the Seeretary of the Union, who shall be entitled to be beard upon such application. Any worker whose wages shall have been so fixed may work for and be employed by any employer at such less. wage for the period of six calendar months thercafter, and after the expiration of the said period until fourteen days’ notice in writing shall have been given him by the said Secretary, requiring him to have his wages again fixed in the manner prescribed by this clause.

153

5. The proportion of workers allowed to work at less than the minimum wage under clause 3 of this Award shall not exceed one to every two, or fraction of two, competent men in the case of painters, or one to every three, or fraction of three, competent men employed in any other branch of the coachbuilding industry.

6. No employer in the employment or dismissal of his workmen shall discriminate against members of the Union, or in the conduct of his business shall do anything with a view of directly or indirectly injuring the Union. All workers shall work together in harmony.

IN WITNESS WHEREOF this Award has been signed by the

President of the Court, and the Seal of the Court has been hereto

affixed this 21st day of December, One thousand nine hundred and

three.

S. H. PARKER, J,,

[SEAL. | President.

1903.

CoAasTAaL Coacu-

BUILDERS’

Union Vv.

Bowra & O’Dea anp OTHERS.

1903.

October 12, 13.

November 19,

December 14,

154


West Australian Locomotive Engine-drivers, Firemen, and Cleaners’ Industrial Union of Workers

v.

The Commissioner of Railways.

Industrial dispute—Industrial agreement having expired and the parties being unable to agree to an extension thereoys’, or to the terms of a new agreement the Union referred the matter to the Court—Claims of parties—Questions raised (1) as to whether dispute sufficiently grave to call for investigation, and (2) as to whether the Commissioner was not empowered under 55 Vict., No. 34, Section 11, and 2 Edw. VII., No. 35, Section 9, to make regulations classifying the workers concerned—Court’s decision—No jurisdiction to make Award—Court agrees to make suggestions for settlement provided both parties agree to be bound by same— Application withdrawn by Union—Reinstated by parties with consent of Court —No fresh application required —Application for costs—Court decides no jurisdiction—Commissioner’s contentions regarding the Classification scheme—Union’s contentions on the same head—Suggestions of Court for the settlement of the

dispute.

Per PrEsIDENT: There is no power conferred upon the Court to enforce an industrial agreement, or to enforce any Award made under the Act as against the Minister. It was thought apparently by the Legislature that it would be sufficient if the Court made an Award —that the moral effect would be sufficient to induce the head of the Department to comply with the express opinion of the Court. . . The only power therefore the Court has is to make an Award without. any power to enforce it. . . We have no power conferred upon us by Statute to take cognisance of any dispute between the Commissioner of Railways and any union—only between the Minister and the Union. We have no jurisdiction to make any Award.

Although the Commissioner has entered into what are called industrial agreements, it seems to me that although these agreements are declared to be made under the Act, and although they have been registered yet they have no force or effect whatever under the Act.

On the 21st February, 1902, an industrial agreement operating for one year from the date thereof had been entered into between the above-named Union and the Commissioner of Railways, prescribing the conditions of employment of locomotive engine- drivers, firemen, and cleaners in the Government service. This

agreement was simply an embodiment of the regulations framed in

1900, when Mr. F. H. Piesse was Minister, and its full imports

is set out below in juxtaposition to the claims made by the Union and the proposals of the Commissioner. This agreement expired by effluxion of time on the 2Ist day of February, 1903. Section 23 (5) of the Act prescribes the mode of retirement from an industrial agreement, stipulating that any party thereto may retire thirty days after having filed a notice in the prescribed form signifying such an intention. Having complied with the formalities of this section, the party is freed from all obligations under the industrial agreement. Upon the expiration of the term specified in the

agreement referred to above, the Union endeavoured to obtain a renewal thereof, but the present Commissioner, being opposed to

155

some of its provisions (principally those relating to promotion according to length of service) under the section above mentioned, formally retired therefrom.

A conference was held between delegates from the various branches of the Union and the Commissioner, with the object of

endeavouring to settle the outstanding differences; but as both sides adhered firmly to their ideas about the sections dealing with the classification, no agreement was arrived at.

The Union then, on the 21st August, 1903, caused a petition to be lodged referring the dispute to the Court. On the 22nd September, 1903, before a day had been fixed by the Court for the hearing of the dispute, the Commissioner, under the provisions of the Act 54 Vict., No. 34, Section 11, issued regulations prescribing the conditions of service and remuneration of the employees in the locomotive branch of the Government railway service.

Although during the negotiations the parties had narrowed down the points in dispute to those items which arose out of the classification of workers on the percentage basis proposed by the Commissioner, still at the hearing neither the Commissioner nor the members of the Union at first considered themselves bound by any

settlement of the minor points arrived at in the conference. The Union put forward its claims irrespective of any such settlements, and the Commissioner when issuing his regulations appeared to take the same stand.

Hereunder, in the first column, are set out the provisions of

the old agreement, which the Union at first sought to have renewed in toto; in the second column are shown the regulations issued and gazetted by the Commissioner; and in the third column appear the

claims made by the Union for the settlement of the dispute :—

1903.

W.A. LocomoTiIvE ENGINE-

DRIVERS Vv,

CommMiIs-

SIONER OF RaILWAYys.

156

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1903.

W.A. LocomoTIvE

ENGINE- DRIVERS

Vv.

Commis- SIONER OF RalLways.

191

SIONER OF RaILways.

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1903.

W.A. Locomorive

ENGINE-

DRIVERS v.

ComMIS- SIONER OF RAILWAYS.

192

Mr. Thomas C. Cartwright for the Union.

Mr. W. J. George, the Commissioner of Railways, in person.

On the opening of the case, the Commissioner took the objec-

tions, firstly, that there was no dispute, or rather that under Section 109, Subsection 6, the dispute was not sufficiently grave to call for investigation or settlement; and secondly, that he (the Commis- sioner) had published regulations to govern the working of the Railways, the power to do which was vested in him by Statute. He-

referred to Subsection 7 of Section 109, which stated that in

making any Award regard must be had to any Act in force relating to the classification of the Kailways. It was for the Union to show

either that the Commissioner had not the right to make regulations, or that those regulations were unreasonable or inconsistent.

Mr. Cartwrieut: The Union presented its petition to the

Court before the Commissioner issued his regulations, consequently it was for the Union to put forward its claims, and for the Comumis- sioner to rebut the evidence called in support of them, if he chose. Further, the Commissioner had no power to issue the regulations referred to, because, under Section 98, once a matter had been

referred to the Court, nothing should be done to upset the existing state of affairs. The Commissiouer had no right to make regula-

tions concerning a matter then in the hands of the Court. As to the existence of a dispute, Mr. George had declared himself unable to. agree to the proposals submitted on behalf of the workers, and then issued regulations without submitting the same for the approval of

the Union, such regulations being very unsatisfactory from the workers’ point of view; consequently there was a very serious dispute, as the witnesses it was proposed to call on behalf of the

Union would testify.

The Presipent: I take it, if you are not in agreement, there is a dispute. How do you read Subsection 11 of Section 109?

Mr. Cartwricut: I should refer you to Subsection 12 of that section. The intention of the Legislature in passing both subsections was clearly to have disputes settled by means of the Court and to avert strikes; that the means provided for the settlement of

such disputes in the case of the private employer were equally good in the case of the Crown. Subsection 12 was clearly meant to deal with cases of this kind.

After a somewhat lengthy discussion it was settled that the terms of the draft agreement, as agreed to at the conference held

between the Commissioner and the delegates from the union, should

now be accepted by the parties, thus leaving to the arbitrament of the Court the clauses dealing with the mode of classifying the engine-drivers, firemen, and cleaners, it being agreed that no side

issues should be permitted to be brought forward.

An argument then arose as to whether the dispute should be settled by means of an industrial agreement embodying the clauses. already agreed upon, together with those which were now to be

193

settled by the Cyart, or whether the Court should make an Award 1903.

in the usual manner. The Commissioner insisted on an industrial WA

agreement ; Mr. Cartwright sought to have the settlement made an y ocosorive Award of the Court. ENGINE-

. . . . DRIVERS

The Commissioner then contended that it was within his power v. to make the regulations which the Union now opposed, and that it Commis- was an act of grace on his part to allow the matter to come before Ratwwave, the Court at all. The Act 55 Vict., No. 34, Sec. 11, empowered the Commissioner to make regulations for organising, classifying, and paying the staff in connection with all or any Government Rail- ways.

Mr. Cartwricat: The Act quoted is not a classification Act. The Classification Act referred to in Subsection 7 of Section 109 was the Act which it was intended to introduce on the lines of the New Zealand Act.

The Commissioner: The Railways Act distinctly states that the Commissioner shall have the power of working the Railways. The Amendment Act gives him the power of organising, classifying,

and paying the men. The Railway Act of 1887 distinctly states that the Commissioner has power to appoint, fine, and dismiss anv of the servants mentioned in the schedule to the Act, subject to the approval of the Governor. Drivers, firemen, and cleaners are

mentioned in that schedule. The Acts under which the Com- missioner is appointed give him full control of the Government railways, under the Act, 2 Edwd. VII., No. 35, Sec. 9, the Commissioner

has now sole power of appointing and dismissing railway servants, The Commissioner could, therefore, shield himself against the jurisdiction of the Court of Arbitration behind the Acts mentioned.

Mr. CaRTWRIGHT contended that the Court had power to make an Award,—that the Commissioner would be subject. thereto,—and

that it was the intention of the Act that he should be; otherwise the sections dealing with railway servants were useless. If the Union was wrong in this contention, it was useless for it to remain registered as a union.

The PresipEent: I understand Mr. George used this argument for the purpose of inducing vou to agree to an industrial agreement, subject to one point being determined by the Court.

Mr. Cartwricut: If the Court has no power to make an Award it is useless as far as railway servants are concerned. The members of my Union are determined on having an Award.

The PresipEnT: The Court will have to consider firstly whether the dispute is sufficiently grave to call for investigation and settlement, and secondly, whether it has jurisdiction in view of Subsec-

tions 7 and 11 of Section 109 of the Act. The Court will have to consider whether it has jurisdiction to interfere with the classification of the staff. I should not like to give an opinion off-hand. I will look at and consider the Railways Acts in connection with the Arbitration Act.

2903.

W.A. LocoMOTIVE ENGINE-

DRIVERS v,

CommMIs- SIONER OF RalLways.

194

The Court then adjourned to the following day:

On the 13th October, 1903, the President delivered the follow-

ing decision :—

The Prestpent (Mr. Justice Parker): When the Court adjourned yesterday it was for the purpose of considering the Railway Acts in connection with the Industrial Conciliation and Arbitration Act, 1902, and especially with respect to the objection taken by the Commissioner of Railways to the effect that this Court had no power to make any Award respecting the classification of his

staff. He pointed out by 55 Victoria, No. 34, Sec. 11, the Commis-

sioner of Railways was empowered to make regulations for organising, classifying, and paying the staff in connection with all or any Govern- ment railways. Subsection 7 of Section 109 enacts that: “In

making any Award under this section the Court shall have regard

to the provisions of any Act in force relating to the classification of

the department of Government railways.” After careful consideration of these words the conclusion that I have arrived at is that the Act referred to in that subsection is an Act which itself classifies the Department of Government railways. I do not think that by these words it was intended to refer to the Act which empowered the Commissioner to make regulations for classifying his staff. Had such been the case, it seems to me that the Legislature would have enacted that the Court shall have regard to the provisions of anv Act in force relating to the classification of the railway officials and employees, and also have regard to any regulations made by the Commissioner under the powers conferred upou him by Statute. In the absence of the latter words it seems to me clear that the provisions of any Act in force relating to the classification, refers

only toan Act dealing itself with classification, and not an Act.

empowering the Commissioner to make regulations with respect to classification. If, therefore, that were the only objection to this Court making an Award, I think the objection would fail. However on looking into these matters there are, it seems to me, some other

very serious objections to this Court dealing with this dispute in the way of an Award. It will be observed by Section 107 it is enacted: “That if any person employed by the Government on daily wages, payable weekly or fortnightly, is a member of any industrial union composed of workers of the same trade as such person, the Minister of the Department in which such person is employed, shall, in relation to all other such persons who are for

the time being members of such Union, and for the purposes of this division of this Act, be deemed an employer, and such persons shall be deemed workers.” Consequently Section 107 enacts that the Minister in this case now before us and in relation to the Union now before the Court, is an emplover and the members of the Union are workers within the meaning of this Arbitration Act. Section 108 enacts that the W.A. Locomotive Engine-drivers, Firemen, and Cleaners’ Union now before the Court should be

deemed to be registered. Then Section 109 proceeds: “ In reference to any industrial union mentioned in Section 108, the following

195

provisions shall apply :—The Minister for Railways may enter into industrial agreements with any such union.” J am reading only the words applicable to the case before us. It will be observed that the Minister is mentioned all through. The Minister is declared to be an employer, and the Minister may enter into the industrial agreement. Subsection 2 enacts that if any industrial dispute arises between the Minister and any such Union it may be referred to the Court for settlement as hereinafter provided. Then there come provisions enabling the Union to file a petition setting forth the particulars of the matters in dispute, and the Court is to

consider the petition, and if it considers the dispute sufficiently grave to call for investigation and settlement it shall notify the Minister thereof. Subsection 8 enacts that in any proceedings before the Court under this section, the Minister may be represented by any officer of the Department whom he appoints on his behalf. Subsection 9 says that all expenses incurred and moneys payable by the Minister under this

Act shall be payable out of moneys appropriated by Parliament for the purpose. In Subsection 1] it is enacted that, except for the

purposes of this section, the Court shall have no jurisdiction over any Minister or the workers emploved in his department. Section 119 says that except as provided by Sections 107, 108, 109 hereof, nothing in this Act shall apply to the Crown. Now the Comunis- sioner of Railways is simply an agent of the Crown. He is appointed by the Crown, and he is given certain powers by Statute, but at the most he is an agent of the Crown. The railways are the property of the Crown. The employees in the Department are in the service of the Crown; not in the employment of the Commis- sioner of Railways, but in the service of the Crown. Apparently

this Industrial Conciliation and Arbitration Act was prepared and

passed by the Legislature under the impression that the Minister for Railways had contro] of the emplovees. This is not the case. Prior to the passing of the Arbitration Act in 1902 the Commis-

1903.

W.A. LOCOMOTIVE.

ENGINE-

DRIVERS Vv.

ComMIS-

SIONER OF RAILWAYS.

sioner of Railways was empowered by Statute to appoint, fine, and - dismiss the officers and the employees in his department summarily or otherwise. That was enacted by 51 Victorie, No.1. The present Commissioner of Railways was appointed by Statute, 2 Edwd. VIL.,

No. 35, and by Section 9 it is enacted that the Commissioner shall

have the management, maintenance, and control of all Government

railways open for traffic, and with the approval of the Minister may

make additions and improvements to existing lines, and in the

performance of his duties shall have the powers and be snbject. to

the habilities of a Commissioner of Railways under the Railway

Act. This Act was passed in December, 1902, and the Arbitration

and Conciliation Act was passed in February, 1902. So the

Commissioner by this Statute, which was passed subsequent to the

Industrial Conciliation and Arbitration Act, is in effect appointed an agent of the Government and an agent of the Crown for the purpose of managing, maintaining, and controlling all Government railways, and all the powers given to the Commissioner for Railways

1903.

W.A. LOcOMOTIVE

ENGINE - DRIVERS

Vv,

Commis- SIONER OF RaAILways,

196

under the previous Acts are conferred upon the present Commis- sioner of Railways. Now, as I have already stated, the Gommis- sioner of Railways was given power to appoint, fine, or dismiss his employees summarily. There is a Schedule giving a list of the

employees whom he may so summarily deal with, and they include the members of the Union now before us. But the Legislature, when they appointed the present Commissioner, conferred further

powers upon him. Previous Commissioners of Railways could only appoint, fine, or dismiss with the approval of the Governor, that is in effect with the approval of the Governor in Executive Council; but

by the Act appointing the present Commissioner this limitation upon his powers was removed. He was placed entirely independent of the Governor, and he has power now to appoint, fine, and dismiss without consulting his superiors at all. He is placed in an entirely

independent position for the management, maintenance, and control

of all Government railways ; and in the performance of his duties

and in the exercise of his powers, especially with respect to the

appointment and dismissal of employees, he apparently can act exactly as he pleases. He is under the control of no person. Now apparently the Arbitration Act was drawn up under the impression that the staff of the railways was under the control of the Minister for Railways. Consequently the Legislature made the Minister an

employer under this Arbitration Act, and also empowered the Minister to enter into industrial agreements. It further enacted that if any industrial dispute arose between the Minister and any

such union it might be referred to the Court. The Arbitration Act:

makes no mention of the Commissioner of Railways. He appears

to me to be entirely outside the Act. There is another remark J desire to make with respect of these Sections 107, 108, and 109 of the

Arbitration Act which seem somewhat peculiar. It is this, that while the Minister is made an employer and the Union workers under the Act, and while the Minister is empowered to enter into

_ an industrial agreement under the Act, and an industrial dispute between the Minister and the Union may be referred to the Court and the Court may make an Award, there is no power conferred

upon the Court to enforce an industrial agreement or to enforce any Award under the Act. It was thougbt apparently by the Legislature that it would be sufficient if the Court made an Award —-that the moral effect would be sufficient to mduce the Head of

the Department to comply with the express opinion of the Court. But it certainly seems to me to be strange that while the Minister

is empowered to center into an industrial agreement, and the Court empowered to make an Award, between the Minister and _ his emplovees, yet in the case of any industrial dispute arising between them there is no power conferred, or rather the power to enforce the industrial agreements or Awards is expressly taken away by the Statute itsclf—by this Subsection 11 of Section 109—‘ Except for the purposes of this section the Court shall have no jurisdiction

over any Minister or the workers employed in his department.” So that the only jurisdiction the Court has over the Minister or the

197

workers in his department—and in this case the Union before us is ‘‘the workers in his department’’—is that conferred by these three sections. The only power, therefore, the Court has is to make an Award without any power to enforce it. But the serious question

which arises in the case is this: It will be observed that the dispute which has been brought before us is between the Commissioner of Railways and the Union. We have no power conferred upon us by Statute to take cognisance of any dispute between the Com- missioner of Railways and any Union. We have only the power to take cognisance of any Industrial dispute between the Minister and

the Union. The Commissioner of Railways is not a Minister. He is an entirely distinct person, and it seems to me he is not a person

appointed or under the control of the Minister. He does not re-

present the Minister. He is an entirely independent person

appointed by Parliament, by the Crown, and even if he came here

and told us that he represented the Minister and would consent to

our making an award, it seems to me we have no jurisdiction to make any award. It is the duty of every Court not to exceed its jurisdiction. JI make these remarks because its seems to me that. it is as well to place before the Union the exact position which it

occupies in relation to this Arbitration Act and the Commissioner

of Railways, in order that if the Union deems it advisable so to

do, it may take steps to remedy what it may think is a defect in the

Arbitration Act, by Legislation. Having no jurisdiction at all over

the Commissioner of Railways, it is obvious that we can make no

award. No Court voluntarily exceeds its jurisdiction by giving a

judgment which it knows cannot be enforced, and which has no

effect. Consequently it would place us in a most ridiculous position were we to make an award when we know we have no power to make any such award, and an award which the Commissioner of Railways might treat with absolute contempt. Now there is one matter only in dispute at the present time between the Com- missioner of Railways and the Union, viz., the mode of classifying engine-drivers, firemen, and cleaners. I would suggest, that as both: parties are willing, this Court should consider this question, and

should arrive at some conclusion, and make a suggestion to the parties that an agreement should be entered into between them, and

that the mode of classifying should be such as this Court should

suggest. But we can only suggest, and I may be permitted also to Point out that the Commissioner of Railways, under this Act, is not

empowered to enter into any industrial agreement under the Act itself. Only the Minister is so empowered. I observe that the

Commissioner has already entered into what are called industrial agreements under this Arbitration Act which have been registered. It seems to me that, although these agreements are declared to be made under the Act, and although they have been registered, yet they have no force or effect whatever under the Act. As the Com- missioner of Railways is given the management, maintenance, and

control of the railways with all the powers of former Commissioners, and with the power to appoint and dismiss at pleasure, it seems to.

1903.

W.A. ,OCOMOTIVE ENGINE-

DRIVERS Vv.

Commis-

SIONER OF RalLwaYs.

1903.

W.A. Locomotive

ENGINE-

DRIVERS v.

Commis-

SIONER OF RalLways.

198

me that it is quite competent for the Commissioner to enter into an agreement so long as that agreement is not inconsistent with the powers conferred upon him by statute, and I would suggest in this case that an ordinary agreement be made between the Commissioner and this Union, embodying all the points which they have mutually agreed upon, and also embodying the suggestion which this Court is prepared to make after hearing evidence and arguments with respect to classifying the staff. If the Commissioner and the Union agree to my suggestion, the Court will be prepared to proceed in the manner I have indicated.

The Commissioner: There is only one point of difference

as to whether the increase of wages shall be on the percentage basis,

governed by the requirements of the service, or whether it shall be an automatic increase, brought about practically by effluxion of time.

T shall be pleased to consider any suggestion that the Court may

make, and in considering the same, the motive which will be actuat- ing me will simply be to try and get peace within the service.

The Presipent: I don’t think the Court will be prepared to

make any suggestions, unless both parties undertake to be bound by

them. You are voluntarily placing yourself in the hands of the Court.

Mr. Cartwrigut: There is one matter I would like to

mention. My delegates and myself are not quite clear as regards Section 24 of the agreement. We understood that the Commissioner

would eliminate it. He stipulates that no persons other than Government men shall be members of the Union. This he has no

right todo. He is giving no conditions to the Midland Company’s

employees, or other men, because they are members of the Union.

The CommissioneR: I cannot make any agreement with Mr.

Cartwright with reference to certain men employed on the Midland

Railway. That would cause trouble with the manager of the Midland Railway Company. I would waive my objection provided

that the following clause be inserted :—‘‘On the Appeal Board the representative of the Union who shall deal with matters in connection with the Government Railways shall be a Government

employee and not an employee of a private railway company and vice versa.”

Mr. Cartwricnt: We have no objection to that reservation.

We do not wish to put an employee of the Midland Railway

Company on the Board.

The Presipent: I understand that, with respect to the classification, both parties agree to be bound by the decision of the

Court.

The ComMMIssIoNER: Yes.

Mr. Cartwricut: Yes.

Jt was then proposed to proceed with the hearing of argument

and evidence regarding. the disputed clauses dealing with the

199

advancement of employees—whether the same should be settled in 1903. accordance with the Commissioner’s classification scheme, or _

whether the previously existing system should be retained. Before Loc opening his case Mr. Cartwright applied to have all witnesses Enoine- ordered out of Court. DRIVERS

The ComMIssIonER objected, on the ground that his three Com™Mis- ° . : . SIONER OF

chief witnesses—Messrs. Short, Triggs, and Simms—were present for Rartwavys. the purpose of instructing him, and that no reflection should be cast upon them.

The Presipent: I think if Mr. Cartwright insists upon it we ought to make the order that they leave the Court. The order is quite usual in all cases, and is made on the assumption that the witnesses are more likely to speak the truth.

The order was then made.

Mr. Cartwricut: I have no objection to Messrs. Short,

Triggs, and Simms remaining in Court.

The CommissionER: If my witnesses go out I think I ought to leave the Court with them.

The Commissioner then left the Court.

Mr. Losstein: Mr. Cartwright, in view of the present state of the proceedings, and bearing in mind that we have no jurisdiction

in this matter, I would suggest that you withdraw the whole proceedings. You can see the position. We have no power to bind,

and can only make a suggestion. We have already made a suggestion in the hope that we might bring the parties together, but, as I said, under the present state of things would it not be better for you to confer with the other members as to withdrawing the- case altogether ?

Mr. Cartwricnt: After the disposition shown by the Com- missioner perhaps it would be better that we withdraw the whole proceedings. (After consultation with his committee) I am

instructed to be allowed to withdraw this case, and also the cases

which we have cited for the enforcement of the industrial agreement.

The PresipEnT: I think you are wise in so doing, seeing that we really have no power at all to deal with your matters.

On the 11th November, 1903, the Commissioner, having previously given notice of his intention so to do, made application to the Court to have the dispute reinstated, in order that the Court

might resume the proceedings at the point where they had been

abandoned on the 13th October.

Mr. CartwricHTt: Will it be necessary for us to lodge a fresh application in order to comply with the procedure laid down by the

Act and regulations ?

The Presipent: No. If you withdraw your withdrawal the

matter will stand.

1903.

W.A. LocomorivE ENGINE-

DRIVERS Vv.

ComMMIS8-

SIONER OF RalILWways.

200

Mr. Cartwricut: There is another question. The Union was put to considerable expense in bringing witnesses for the previous day’s hearing. Must the Union bear this expense over again ?

The Commissioner: The Department was also put to great

expense by being brought to Court when it was decided that the

application of the Union must fail, owing to the want of the juris-

diction of the Court.

The Presipent: We have no jurisdiction over the Commis-

sioner at all; consequently we cannot make an order against him for costs. I have discussed the position with my colleagues, and I may say :that the Court is quite prepared to deal with this matter

and tale it up where it was left off before. Our jurisdiction depends solely upon the consent of the parties.

The Commissioner having announced his intention of calling evidence, Mr. Cartwright again raised the question of the Union’s expense in calling witnesses to rebut; when, after discussion, it was settled that the matter should be heard on the 19th November following, the Commissioner to be regarded as claimant and to open,

the representative of the Union to reply, and to call rebutting

evidence if he so desired, for which purpose, if necessary, an adjournment would be granted him; and that both parties should agree to be bound by the Court’s suggestions.

On the 19th November the matter was recommenced, the Com-

missioner, in his opening, explaining that the main point in difference was the question of advancement, whether the Department had the right of a private employer to pay according to the work done; in other words, what men should be permitted to enter the various classes, and what number should be in each class. At the

conference which took place on the 12th October, 1903 (previously referred to) an arrangement was made between the Secretary of the Union and the Commissioner, whereby each should initial the various clauses of the proposed agreement as the same were agreed to, or settled mutually. Over the terms of the first clause—relating to the time from which the agreement should have effect—-there was a ‘disagreement, Mr. Cartwright being desirous that same should be made for J8 months from Ist July, 1903, the Commissioner, on the

other hand, being of the opinion that it should exist for one year only from the date of its execution.

Mr. Cartwrient here suggested that both parties should leave the question of the term to the consideration of the Court, a suggestion which the Commissioner agreed to.

The ComMIssIonER continuing, explained that Clauses 3, 4, and 5 dealt with the main question, and that Clause 6 would require to

be altered according to the Court’s decision. As to the main point

in dispute---whether the system of promotion according to length of

‘service, which existed under the old agreement, should still continue,

or whether by means of the percentage basis the Department could

regulate the number of employees in the higher grades of the service

201

—the Commissioner urged in support of his proposals the following

facts :— 1903.

W.A Under the Regulations of 1892 there were three classes of Locomorivz

drivers receiving respectively 12s., 1ls., and 10s. per day of nine

hours. There were no automatic advances, the men being paid by

merit. In 1896 an extra class was added and the first-class wage

was increased to 13s. per day. In 1897 it was provided that there

should be a special class of drivers at 14s. per day, for the running

of express and mail trains. By the Regulations of 1899 it was

provided that the first class should be raised to 15s. and the service

term was then instituted. There were shunting drivers and fifth-

class drivers at lls., fourth class (up to a year’s service of goods

and passenger trains) at 12s., third-class drivers after one and a

half years’ service as fourth class, and second class after two years’

service as third class. Fifty-four hours per week, or nine hours per

day, constituted a week’s work.

By the agreement of July, 1902, the seniority or length of

service classification was retained, but the hours were reduced from fifty-four to forty-eight per week. The effect of the seniority

advance was that in time the bulk of the men must necessarily be

entitled to the highest wage of 15s. per day, irrespective of the work

they were engaged in. He (the Commissioner) was prepared to

accept 11s. per day as the minimum wage for engine-drivers, if the percentage regulation as regards advancement were allowed, but if

the seniority arrangement were to be continued the Ils. per day minimum was too high for the class of work required from the fifth- class men.

The employees of the Department were entitled to the following privileges :—They had regular employment and regular pay for eight hours work per day; they had fourteen days holidays per year, for which they received pay; they were entitled to a free pass for

themselves and families over all the Government lines of the State,

and if they choose to go beyond the limits of the State, they were entitled to free passes throughout the Commonwealth; they re- celved two privilege passes for their wives and families during the year; they were entitled as often as they pleased to privilege tickets at half the ordinary rates; they could also obtain season tickets at that rate; in addition to which extended leave was frequently

granted, the worker’s place being retained for him during such

leave ; in cases of injury on duty the Department allowed them

five-eighths of their pay for twelve weeks, and, at the discretion of

the Commissioner, it might be continued for a longer period; when

absent from home stations they were allowed 4s. for the first night,

and 6s. for every twenty-four hours afterwards; if transferred

they were entitled to an allowance of 25s. for married men and 15s.

for single men, besides being paid during the time they were moving, their furniture and effects being carried over the railway free; on the goldfields they were allowed 7s. a week extra, also

ENGINE-

DRIVERS v.

CommIs-

SIONER OF RaILWays.

1903.

W.A. LocoMOTIVE ENGINE-

DRIVERS v,

ComMIs- SIONER OF RAILWAYS.

202

water where the Coolgardie Water Scheme water was not available; and they were paid time and a-quarter for overtime on week days

and time and a-half on Sundays. These privileges were estimated to cost the Department 10$d. per day per man.

The men in the Government service in this State had not been subject to any reductions or suspensions of classification, as had happened in the Eastern States.

He (the Commissioner) produced figures compiled from the wages sheets, showing that there were three men in the service of the Department who had drawn over £300 and under £325 per year ;

that there were 16 men who had drawn over £276 and under £300 per year; 56 men who had drawn over £251 and under £275 per year; and 78 men who had drawn ove: £226 and under £250 per

year. The remainder of the drivers were in receipt of from £200 to

£225 per annum.

The Commissioner proposed to classify the men according

to the work they were doing. It was not the intention of the Department to reduce the wages of any man under the proposed percentage basis, but to adjust the same according as dismissals,

resignations, or deaths occurred, which occasioned openings in the

ranks. In the ease of drivers it was proposed to divide the work of

these men into five classes, the highest class consisting of those

men who had the greatest responsibility in connection with human

life, such as drivers of express and mail trains, and those on special

duty; the second class work being that to be performed by drivers

on suburban and ordinary passenger trains, country, or otherwise,

and Boulder passenger trains; the third class work to consist in the

driving of mixed trains, viz., goods trains with a passenger coach attached ; the fourth class work to consist in the driving of goods

trains other than the fast goods trains; the fifth class work to

consist of shunting, driving of ballast trains, etc.

It was proposed by the Department to divide the firemen into three classes—the first being those connected with express, .

mail, and passenger trains, and all special duty; the second class, those engaged on all mixed and goods trains; and the third, those engaged on shunting engines, etc.

At the date of this application there were in the service 249 drivers, of whom 21 were in the first class, 107 in the second class,

39 in the third class, 80 in the fourth class, and two in the fifth

class.

The Commissioner proposed that the first class drivers should

represent 15 per cent. of the total number of drivers in the service

(although under the classification then existing they only repre-

sented 8°43 per cent.); the second, third, and fourth classes

should each represent 20 per cent. ; and the fifth class, 25 per cent.

Under the existing classification, the second class formed 42°97 per cent. of the whole number in the service; the third class, 15°67 per —

203

cent.; the fourth class, 32 per cent.; and the fifth class, 80 per cent. It was not intended to increase the ranks of the third class drivers

until the anomaly of the second class percentage was adjusted. With regard to firemen, there were 238 in the service, 147 of whom

were in the first class and 91 in the second class. There were, then,

no third-class firemen. The percentage, therefore, was 67°76 per

cent. first and 30°24 per cent. second class. It was proposed to have 40 per cent. first class, 40 per cent. second class, and 20 per

cent. third class, with the same proviso that there should be no

reductions.

To make a comparison between the conditions and pay allowed

to the Government employees and those allowed outside the service in the State: On the Canning Timber line drivers were paid 14s. per day of nine hours and noovertime; at Waroona Mill

13s. 4d. per day of 10 or 12 hours, no overtime, and only ordinary time on Sundays; at Worsley Mill 12s. per day of ten hours, no payment for overtime, and no privileges, and the same conditions applied to nearly all the other mills.

The Commissioner then adverted to the conditions pertaining to the men engaged in the service of the Governments of the Eastern States.

In conclusion the Commissioner urged that the country could not afford to pay the increases which would in the course of a very short time be necessitated by the system of promotion according to length of service; that the system now advocated on behalf of the Department was one which had been adopted by the Com- missioners of four other States.

Evidence was then called, and certain telegrams and documents were put in as evidence in support of the Commissioner’s contentions, on the conclusion of which Mr. Cartwright opened the

case for the Union.

He notified his intention of calling evidence to refute the Commissioner’s statement to the effect that between the years 1892-1900 the men were promoted by merit, but the Union would

show that promotion was then made through the favour or recommendation of the foreman ; that this custom had been instrumental

in bringing about the strike of 1901; that there was a danger, if such a provision were allowed, that the foreman might have some

grievance against a man and consequently would retard the advancement of that man; on the other hand he might unfairly advance a favourite; that the Commissioner’s idea that no man should be promoted until the death, dismissal, or promotion of

someone above him in position created a vacancy, was unfair. The fifth class driver was sufficiently competent to undertake and carry out successfully the duties of the first class man. Promotion should only be a matter of servitude. The Western Australian State Railways had been worked with success from a financial standpoint ; whereas those in the Eastern States had been carried

1903.

W.A.

Locomotive ENGINE-

DRIVERS vu,

COMMIS- SIONER OF RaILways.

1903.

W.A. Locomotive ENGINE-

DRIVERS v.

CoxuMIB- SIONER OF RalLways.

204

onat a heavy loss, consequently the comparison between the wages and conditions prevailing in this State as against those prevailing in the Eastern States was not quite fair. But even if this State

found itself getting behindhand and retrenchment was considered

necessary in the Railway service, why should such retrenchment fall

upon the one class of men only? The Estimates recently passed by Parliament showed many very substantial increases made to the salaries of the higher officials. If the Eastern States are to be considered as a basis for the gauging of salaries why should not the comparison be applied to the official as well as to the working staff? If this were done many reductions would be found neces-

sary in the ranks of the former. As to the figures put in by the

Commissioner, showing that some men are earning over £300 per

annum, it was a standing disgrace to the Department that such

should be the case, for it meant that a man must have worked at

the rate of nine working days per week at lds. per day, conse-

quently the Union’s complaints about unnecessary overtime could

not have been groundless.

Again, under the conditions suggested by the Commissioner,

the man who was unjustly overlooked by his fureman in the way of promotion had no remedy. Some appeal at least should be provided in case the foreman unjustly refuses to give the man a. good report.

As to the privileges detailed by the Commissioner, these should only be considered in connection with the numerous disabilities peculiar to the industry under which the men worked. The regular

employment alluded to by the Commissioner did not exist, for if a

man were dismissed from the service his only chance of obtaining employment in Western Australia would be with the Timber Com- panies. He would not be able to obtain employment in the Government service of any of the Hastern States because dismissal here effectually prevented that, therefore it would be necessary for

a dismissed man to leave Australia.

Again, the Locomotive employee had not the enjoyment of

Sundays and holidays such as other tradesmen had. Further, it was an absolute essential that a man should be possessed of a good

physique before he would be admitted into the ranks of engine- drivers. Before he could become a driver it was necessary first for the man to serve a certain time as a cleaner—very disugreeable work—on very small wages, after which he became a fireman, in

which latter capacity he remained probabiy three and a-half years. There were many men who never rose above this stage. Many men again had obtained their driver’s certificates, but were kept in the

ranks of firemen, and sometimes employed as acting drivers on a

wage of lls. per day, although whilst so acting they had all the responsibilities of the first class driver. As to the Commissioner’s

statement that in 1908 all the drivers in the service would be in receipt of 15s. per day, accepting the calculation as being correct,

205

it would be observed that no allowance had been made for dis- 1903.

missals, deaths, resignations, and retrenchments, and by that time

the staff will probably be materially increased. There was no class Locomotive of worker more liable to summary dismissal on slight provoca- ENGaINE- tion than the engine-driver. The practice of promotion by seniority °* oe prevailed on most, if not all the English railways, but although Commus- such was the practice there was no binding rule to that effect. SIONER OF

RalLways. Evidence, rebutting in some particulars that tendered on behalf

of the department, and supporting the opening made by Mr.

Cartwright, having been heard, the Court adjourned sine die to

consider the matter.

On the discussion of the matter in Chambers a doubt having

arisen in the minds of the members of the Court as to whether the ©

Commissioner meant by his suggestions that immediately his classi-

fication scheme (if adopted) came into operation he would cause

the full complement of 15 per cent. proposed for the first class to

be made up from the second class men, and so on, immediately, or,

whether the various classes should be brought up to their proposed

full complements only after the men had qualified by length of

service, the representatives were again summoned before the Court and the point was discussed on the 14th December. The Commis- sioner, on being interrogated, explained that he would not object to make up the full complement in the first class forthwith, but that his intention was not to fill up the other classes until the men had

qualified by length of service.

Mr. Cartwright on being questioned as to whether, in case the

Court came to the conclusion that the firemen ought to be graded in the manner proposed, the following percentages would be satisfactory, viz., 40 per cent. first class, 30 per cent. second class, and 30

per cent. third class, urged that the least wage which ought to be paid to any man for this class of work should be 10s. per day.

The Commissioner: I should not feel aggrieved if the Court made the percentages of the firemen 40, 40, and 20 respectively.

After some further discussion the Court adjourned to consider

its proposals.

On the 21st day of December, 1903, the following suggestions

for the settlement of the dispute were issued by the Court :—

Court or ARBITRATION, WESTERN AUSTRALIA.

In the matter of an Industrial dispute between the West Australian Locomotive Engine-drivers, Firemen, and Cleaners’ Union of Workers and the Com- missioner of Railways.

The Court of Arbitration, having duly heard the Commissioner of Railways on his own behalf, and Mr. T. C. Cartwright on behalf

of the West Australian Locomotive Engine-drivers, Firemen, and Cleaners’ Union of Workers, and the evidence adduced by them, respectfully suggests that the agreement proposed to be entered into between the Commissioner and the Union be amended as hereinafter set forth :

206

1903. Clause 3.—-This clause, as proposed by the Commissioner, to be WA struck out, and the following substituted :—

LOCOMOTIVE “The locomotive engine-drivers (hereinafter called ‘drivers ’’) privers Shall, so far as practicable, be classified in the manner and shall

v. receive the rate of pay set forth in the following scale :— Commis- SIONER OF

RalLways. lags. Qualification, Number in each Class. Pay.

1 | Four years and six months’ ser- | 20 per cent. of the whole 15s. vice in the Government Rail- number of drivers per day. ways as a second class driver

2 | Two years of such service as a | 25 per cent. of the whole 14s. third class driver number of drivers per day.

3 | Eighteen months of such ser- | 20 per cent. of the whole 13s. vice as a fourth class driver number of drivers ‘ | per day.

4 | One year of such service as a | 20 per cent. of the whole p driver number of drivers per day.

5 | Certificate of competency from | 15 per cent. of the whole 11s. the Chief Mechanical En- number of drivers per day. gineer

Within one month after the completion of this agreement, and from time to time as vacancies occur, the several classes mentioned

in the above scale shall be filled up from the classes below them respectively, so that the first, second, third, and fourth classes shall

each contain its full complement.

Provided nevertheless that no driver shall be entitled to promotion unless—

(a.) He is qualified by service as aforesaid ;

(b.) He satisfactorily passes any examination or test required of him by the Chief Mechanical Engineer ;

and

(c.) He is not disqualified for promotion by any other of the provisions of this agreement or of the rules, regulations, or instructions mentioned in the thirty- fifth clause of this agreement.

Provided further, that in case a driver qualified by length of

service shall be refused promotion, the grounds of refusal shall be clearly furnished to him in writing, and if any appeal from the action of the Commissioner in dealing with Railway employees is provided, and an Appeal Board established by this agreement or by statute, such driver may appeal to such board against such refusal.

Provided further, that no driver at present in the service of the Commissioner shall, in consequence of the number of drivers in any class exceeding the number specified in the scale, be reduced to a lower class.

Clause 5.—This clause, as proposed by the Commissioner, to be struck out, and the following substituted :

207

The firemen shall, so far as practicable, be classified in the manner

and shall receive the rate of pay set forth in the following scale :—

Class. Number in each Class. Pay.

1 Forty per cent. of the whole number of firemen ... | 108. per day 2 ; Forty per cent. of the whole number of firemen wee Qs. ” 3. Twenty per cent. of the whole number of firemen ... | 8s. ”

Provided nevertheless that no fireman shall be entitled to promotion from the third class until he has served one year as a fireman ; and, further, that no fireman at present employed shall be reduced to a lower class in consequence of the number of firemen in

any class exceeding the number specified in the scale.

Clause 6.—This Clause, as proposed by the Commissioner, to stand with the following proviso :—

Provided nevertheless that if a fireman shall for a period of not less than one hundred and fifty days be employed or act as a driver he shall be entitled (subject to bis passing the prescribed examination if any) to be appointed a driver of the fifth class; and, further, that a cleaner who for the like period has been employed or acted as a fireman shall be entitled (subject to examination as aforesaid) to be appointed a fireman of the third class.

The Court further suggests that the agreement embodying the above clauses come into force on the first day of January next, and

remain in operation for the period of twelve calendar months.

Dated this 21st December, 1903.

S. H. PARKER, J., President.

1903.

W.A.

LOCOMOTIVE

ENGINE-

DRIVERS

Vv.

ComMIS-

SIONER OF

RaILWAys.

1903.

November

26, 27, 28,

and December

1, 3, 22.

208


_ Collie Proprietary Coalfields of W.A., Limited,

v.

Collie River District Miners’ Union of Workers.

Coram: Mr. Justice PARKER (Acting President), and Messrs. W. E. Moxon,

and E. L. Losstern.

Industrial dispute—Company applies for a reduction in the hewing rate and wages, and for a variation of working conditions—Workers’ proposals--- Objection to appearance of more than one advocate-—Leave granted to call ~witnesses at Perth after the conclusion of the case at Collie—President’s views as to what circumstances would have most influence with the Court in this dispute—Section of miners petition the Court against’making the Award applicable to all collieries in the District. Petition on behalf of the Cardiff Colliery Com- ‘pany to make Award applicable to the whole district—Award—Views of individual members of the Court on certain sections of the Award.

When the Collie collieries first commenced operations the miners were engaged at a wage of 10s. per day. Subsequently, however, they approached the owners, and succeeded in obtaining

in substitution for this daily wage a hewing rate of 4s. per ton,

but the proprietors found themselves unable to continue payment

of that rate on account of the low market price then obtainable for Collie coal, and eventually they were compelled to close down. A

Royal Commission was then appointed to inquire into the matter. The majority of the members composing that commission, after

hearing evidence and making extensive inquiries on the subject

reported that, in their opinion, the men were adequately paid, but that the company was losing on every ton of coal raised. One member of the commission dissented from this opinion, expressing his conviction that, owing to the broken time, which was a feature

peculiar to the industry, the men failed to average a reasonable living wage. Asa result of this report, the Government agreed to pay 13s. per ton for the Collie coai, stipulating, however, that the miners should be paid a hewing rate of 4s. 6d. per ton. This condition of affairs prevailed during the continuance of the Government contract, but on its expiration, owing to keen competition, the best

price obtainable by the company for its coal from the Government was 10s. 6d. per ton. The company succeeded in making a com-

promise with the men, by which the latter were to be paid a hewing rate of 4s. per ton, this arrangement to continue until either party chose to move the Court. Even at this reduced rate the appellant

209

company found it was unable to carry on operations successfully. 1903. The cost of raising the coal, as evidenced by the company’s cost _

' COLLIE sheets, was 10s. 10d. per ton, and the contract rate for the supply of ppoparpTaRY coal to the Government Railway Department, the chief, in fact, Company

almost the sole purchaser of the company’s coal, as_ previously Cou ie

stated, being 10s. 6d. per ton, a loss to the company of 4d. per ton Mrners’ resulted. The article against which the Collie collieries had chiefly U¥10N.

to compete was the Newcastle (N.S.W.) coal, which was also being purchased in large quantities by the Railway Department at the time the Collie contracts were entered into at the price of 19s. 11d. per ton on the trucks at Fremantle. The cost to the Government of conveying the Collie coal from Collie to Fremantle was about 5s. per ton, thus making the cost to the Government at headquarters . 15s. 6d. per ton. The Newcastle coal was proved to be of such superior quality that the extra 4s. 5d. per ton above the price of Collie coal was more than justified. According to the evidence given,

‘it appeared that one ton of the Newcastle coal was equal to 25 or 27ewt. of Collie coal, and the Commissioner of Railways was not prepared to pay a higher rate than that payable under the existing contract for the local article.

The appellant company therefore sought to obtain a reduction

in the hewing rate to 3s. per ton, at which rate it was contended that an average miner would earn 12s. per shift. Another ground of dispute arose through the men seeking to enforce the condition

that, in case the company should be compelled to reduce the number of its workers, the last man employed should be the first to be dismissed. The management of the company claimed absolute freedom of action in this respect.

The application referring the dispute to the Court lodged on behalf of the company contained the following claims :—

1. A reduction in the hewing rate paid on the mine from 4s. to 3s. per ton.

2. Areduction of Is. per day in the wages of all surface hands -and day labourers.

3. The right to employ in its service only such and so many men as may from time to time be considered necessary.

On the other hand, on behalf of the respondent Union, it was

- contended that the appellant company, by tendering for the contract to supply the Western Australian Government Railways at

10s. 6d. per ton, had undercut the other collieries, and also the previously existing rate; that the workers should not be made to suffer every time the company saw fit to reduce its prices: that the cost-sheets of the appellant company showed extravagance when

compared with the cost-sheets of the Cardiff Company (a neighbouring colliery proprietor), whose business, though carried on on a much smaller scale than that of the Proprietary Company, was in a

‘flourishing condition, notwithstanding the present contract and : market prices of the coal.

1903.

COLLIE

PROPRIETARY

Company

Vv.

CoLuLIE MINERS’

UNION.

210

In reply to the claims put forward on behalf of the appellant, .

the Union caused the following proposals for settlement of the dispute to be placed before the Court in its behalf :—

1. Hewing rates for a period of three years, to be governed by

a sliding scale operating from the following basis as minimum,

viz., when the selling rate at the pit’s mouth is 10s. 6d, (ten shillings and sixpence) per ton the hewing rate shall be 4s. (four shillings) per ton for all coal weighed in the gross and for every advance of 1s. (one shilling) per ton on the selling rate, the hewing rate to be advanced by 4d. (four pence) per ton, yardage rates and day’s wages .

to receive a proportionate advance.

2. All places worked on the crosscut shall be paid 3d. (three

pence) per ton extra for all mineral raised, weighed in the gross, in addition to the ordinary tonnage rates.

3. For turning away bords 12 feet wide, 5s. (five shillings) per yard shall be paid, and for cutting out from 12 feet to 24 feet, £1 (one pound) sterling, in addition to the hewing rates. Heading price to be paid for bords turning away 9 feet wide, and 5s. (five shillings) per yard for cutting out to 24 feet.

4. For heading work not less than 9 feet wide the following

price shall be paid, viz., single 7s. 6d., double 8s., and three shifts 8s. 6d. per yard. Twopence per ton where two shifts and sixpence per ton where three shifts are worked, in addition to the ordinary

tonnage rate.

5. For all places worked on the face 6 (six) vards wide, 2s. 6d. (two shillings and sixpence) per yard shall be paid, in addition to tonnage rates.

6. For places worked from 6 (six) feet to 9 (nine) feet wide 10s. (ten shillings) per yard shall be paid, in addition to tonnage rates. For less than 6 (six) feet, special arrangements to be made.

7. Minimum Height.—The minimum height to be 6 (six) feet, and for all places worked under 6 (six) feet and down to 5 (five)

feet, shall be paid one penny per inch extra per ton; from 5 (five):

feet to 4 (four) feet, 1}d. (one and a-half penny) per ton per inch

extra in addition to ordinary tonnage rates; for anything under 4, (four) feet, special arrangements to be made.

8. Dirt Scale.—One penny per inch shall be paid for the first three inches and one half-penny per inch for the next nine inches. per ton extra shall be paid, in addition to tonnage rates.

9. Brushing.—The rates for roof or floor brushing shall be as follows :—One foot thick by six feet width, 3s. 6d. (three shillings

and sixpence) per yard; two feet thick by six feet width, 6s. (six shillings) per yard; three feet six by six feet width, 8s. 6d.

(eight shillings and sixpence) per yard. Special arrangements where stone has to be wheeled.

211

10. All bords working two shifts to be paid two pence per 1908. ‘ton, and where three shifts are worked sixpence per ton, in addition CouLre

to ordinary tonnage rates. PROPRIETARY CoMPANY

ll. Shift Wages.—Miners taken from the face to perform v. ‘work paid for at per shift, shall receive not less than 12s. (twelve ConurE

shillings) per shift of eight hours. Wheelers, underground regular wNzRe Shiftmen, and surface hands engaged in handling coal, to be paid the wages obtaining as on May the twentieth, 1903.

12. Where slabs are required, one shilling and sixpence per

slab to be paid.

13. Wheelers to take all empty skips to the face of the working places, and to bring all full ones from the face.

14. The company sball lay all rails into the miners’ places

‘exceeding the six feet length next to the face.

15. A regular turn shall be kept throughout the mine, and in the event of any flat or heading getting five skips per pair of men

ahead of the turn, the overman, at the instance of the general

‘turnkeeper, shall forthwith stop the places which are ahead until ‘those behind are made up.

16. There shall be a general cavil for places at the end of the months of March, June, September, and December of each year ;

‘places to be ballotted for in the usual way; cavilling for special

places to precede that of general, and in case of any place starting

special owing to the quarter, it shall be ballotted for amongst the ° miners desiring to put in for it. Persons cavilling for specials

shall be subject to the approval of the manager or overman, and

two scrutineers appointed by the men.

17. Should any place be stopped and re-started during the quarter, the men working it at the time of stopping shall again

work it from the date of re-starting.

18. All places to be left in good and proper order at the end

of each quarter, and should any place be left unfair two competent

. miners to be appointed to examine the place and decide as to the

value of such deficiency; same, if any, to be paid by the out-going to the in-coming man.

19. Two wheelers to be allowed a cavil each quarter, providing they can find suitable mates prepared to take them on the coal, preference to be given to oldest Unionist wheelers.

20. Local branches of the Union to deal with all questions in

. respect of water in working places.

21. Mechanics employed in or about the mines to be paid a

minimum wage of 12s. (twelve shillings) per shift of 8 (eight) hours. Overtime to be paid at time and a-quarter for the first four

‘hours’ time, and at time and a-half over four hours; Sundays and

holidays, double time. Al mechanies to have Saturday afternoon

1903.

CouLiE

PROPRIETARY ComPaNny

v. CouLLiE MINERS’ UNIon.

212

holiday ; working Saturday afternoon to be considered as overtime.

The company to find all spanners, files, and augers for carpenters.

22. In the event of the necessity for reducing hands amongst

the miners, the last comers shall be the first dispensed with in the usual way.

23. In keeping with the common usage of coal mining, all

wages shall be paid to workmen on the evening of every alternate

Friday.

Mr. H. 8. Thomas, with Mr. Z. Lane, for the appellant.

Mr. George Henderson for the Workers’ Union.

Mr. Henperson objected to the appearance of more than one

advocate for the appellant company, the Court on previous occasions having ruled against this practice.

Mr. Tuomas: Section 73 does not restrict a party from appearing by more than one counsel or agent. Regulation 49 (11) clearly contemplates the appearance in some cases of more than one

representative.

The Presipent: Regulation 49 seems to contemplate that more - than one person might appear. The Court proposes to allow the

appearance of the two agents on behalf of the appellant, but only one agent will be permitted to address the Court, and only one may examine or cross-examine any witness.

Mr. Tuomas then made application for leave to call and examine | certain witnesses on behalf of the appellant in Perth, after the close of the case at Collie. He explained that owing to the positions occupied by the witnesses referred to it was impossible to procure their - attendance at Collie, and further it would be a considerable saving

of expense. He gave in the names of the witnesses he proposed to - call in Perth, and explained the nature of the evidence he expected to obtain through these witnesses. He intended to have applied to

the Court before leaving Perth, with a view of obtaining a special

sitting there for the hearing of the evidence referred to, but owing

to the pressure of business before the Court at the time this pro- . ject had to be abandoned.

Mr. Henperson opposed the application, on the ground that

the Union would be put to additional and unnecessary expense if

compelled to appear again in Perth.

After further argument on the point, leave was granted to call

and examine these witnesses in Perth, the right being reserved to

the respondent to call evidence in rebuttal, if desired.

On the application of both: parties,.the Court paid a visit of. inspection to the mine.

213

When resuming proceedings on the 27th November, the Pre- 1903. .sident, with a view of curtailing the proceedings, made the follow- — . : CoLLig ing remarks :— PRopRIETARY

. . . x

I do not know but what we may not narrow this issue. Speak- COMPANY ing for myself, I do not think that the question of the rate of pay Conte in the neighbouring States will affect the question very much. The Miners’ view I take of the matter is that the work done by the men, both Unton. - -underground and above ground, is arduous work, and that if the industry could afford to pay the present rate of wages that rate should prevail. So that, in considering the rate of wage to be paid, the view I shall take is what rate of pay the Company can afford to give in order to maintain the industry successfully —in other words,

what rate the Company can pay in order to compete successfully against importation. We were told by Mr, Thomas, in his opening, that the Government Railways are the principal consumers of this coal, and that the private consumption was very small, and that without the Government assistance they could not carry on. We hear that the rate paid by the Government is 10s. 6d. at the pit’s mouth. It seems to me that the Companies ought to be able to show by their books what the actual cost to the Company is of pro- ducing that coal and delivering it at the pit’s mouth into the railway trucks. From that wecan ascertain what rate of pay they can

afford to give the men. That is the way the question will operate upon my mind. I confess it seems to me that I ought to give these

men this higher rate of pay if the Company can possibly afford to pay it, but if, by maintaining the present rate, the Company will lose and the mine must close down, then I think it is the duty of

the Court to reduce the rate of pay. If we close the industry down by ordering a rate of wage which the Company cannot pay, it is obvious that all the men will be thrown out of employment; if, on

the other hand, by reducing the rate of pay we can maintain the industry, those of the workers who do not care to work at that re-

duced rate will have to seek other employment, and those who are content will have to work at the reduced pay. Consequently, if it

is shown that the industry must be closed if a higher rate is -awarded, I cannot see that any injustice or hardship will be done to any workers by reducing the rate, because if it were not: reduced they would have to seek other employment. There is another

question to which I think you ought to devote your attention. The present price paid by the Government is 10s. 6d. per ton. You ought to be able to show us that it has been absolutely impossible to obtain a higher price, because it is obvious that if it was simply

by competition with other local companies that you reduced the rate in order to get the contract, it would not be fair to reduce the

wages on that account. You ought to show that this 10s. 6d. is the highest rate you can obtain from the Government Railway Depart- ment. Some two or three years ago the Government came to the conclusion that the rate then paid for coal supplied to the Railway Department was insufficient, and they increased the price. That was done. voluntarily, with a view to maintain the industry. I presume

1903.

CouuLiE

214

that the Government were of opinion that what they did was somewhat in the nature of protection, but instead of putting a protective.

Prorriztary duty on coal they simply agreed to value the local coal at a higher CoMPANY

Vv,

CoLuis MINEks’

UNION.

rate and to purchase it at that rate. A different opinion is apparently

now held by those in control of the Railway Department, and the

question now before the Company is that of competition with im-

ported coal. That is a political question, and if the wages are reduced it may become necessary for those interested in the Collie.

Coalfields, especially the workers, to see if they cannot use political influence so that the former state of affairs may be revived ; that is, that the Government may look upon it that by paying an

extra price for the local coal, and compelling its use by the

Government, they would protect this industry and give employ-

ment to a large number of people, but that is a political question.

With regard to the wages to be awarded by this Court, the best

evidence for us will be the cost of production by this Company.

After hearing the evidence at Collie the Court adjourned to Perth, where further evidence on behalf of the appellant Com-

pany, and rebutting evidence on the part of the Union, was heard.

Before the conclusion of the case a petition was lodged on.

behalf of the Collie Cardiff Branch of the Miners’ Union, em-

phatically protesting against any Award of the Court being applied to them, on the ground that the seam of coal which was being worked at Cardiff was different and distinct from that worked at the appellant Company’s colliery, and one whereat the miners

earned less wages than those earned by the Proprietary Company’s men; further, that it was devoid of facings and was extremely wet.

This petition was followed by one from the Cardiff Coal Mining Company, Limited, praying that the Award of the Court: as to wages and working conditions—whatever they might be— should apply to the whole district on the grounds :—

1. That the Cardiff Company carried on coal mining opera-

tions under exactly similar conditions to the other mines on the

Collie Coalfields.

2. That the manager, during the hearing of the present dispute, gave evidence to the effect that he was prepared to pay the

present hewing rate, provided it was paid by the other collieries in

the district.

3. That if any distinction were made in the hewing rates, or rates of wages paid at the various collieries in the district, great

dissatisfaction, and probably industrial disputes, would be the out-

come.

4. That the Government contracts, which were the main

source of employment for the collieries in the district, had been put in and accepted on the understanding that the working conditions and wages should be the same in all collieries in the dis--

trict.

215

5. That the Miners’ Union had ‘applied to the Court to have 1903.

the terms of the Award made applicable to the district. — COLLIE

6. That the miners at the Cardiff Colliery were members of Propriztary

‘the Union before the Court in this dispute, and consequently were ‘OMPANY parties thereto; and CoLulE

. oye MINERS’ 7. That all working conditions and wages had theretofore “Uyjon.

been identical on all collieries in the district.

On the 22nd December the following Award was delivered by

the Court :—

In THE CouRT OF ARBITRATION OF WESTERN AUSTRALIA.

In the matter of “The Industrial Conciliation and Arbitration Act, 1902,” and in the matter of the Industrial Dispute between Collie Proprietary Coal- fields of W.A. Limited (hereinafter called the “ Employer”), and Collie River District Miners’ Union of Workers (hereinafter called “the Union”).

AWARD.

The Court of Arbitration of Western Australia (hereinafter called “the Court”), having taken into consideration the matter of the above-mentioned dispute, and having heard the Employer and the Union, by their respective representatives duly appointed, and having heard the witnesses called and examined on behalf of the Employer and of the Union and cross-examined by the parties respectively, DOTH HEREBY ORDER AND AWARD:—That, as between the

Employer and the Union and the members thereof, the terms, provisions, and conditions in this Award, and in the schedule hereto,

shall be binding upon the Employ and upon tbe Union and the

members thereof, and the said terms, provisions, and conditions

shall be deemed to be and they are hereby incorporated in and declared to form part of this Award: AND FURTHER, that the Em- ployer and the Union and the members thereof shall respectively do, observe, and perform every matter and thing by this Award, and by the said terms, conditions, and provisions respectively required to be done, observed, and performed, and shaJ] not do anything in contravention of this Award, or of the said terms, conditions, and

provisions, but shall in all respects abide by and observe and perform

the same: AND THE CoURT DOTH FURTHER ORDER that this Award shall apply to the Industry of Coal Mining and shall be limited in its operations to the coalfields now worked by the Employer: Anp FURTHER that this Award shall operate and have effect from the first day of January, One thousand nine hundred and four, until the

thirty-first day of December, One thousand nine hundred and four.


1, The minimum hewing rate at all places worked on the face shall be at the rate of three shillings and ninepence per ton; all coal to be weighed in the gross.

If the Employer’s contract price for the supply of Collie Coalfield’s coal to the Government Railways shall at any time exceed ten shillings and sixpence per ton at the pit’s mouth the hewing rate shall be increased by one penny per ton for every threepence per ton increase in such contract price,

At places worked on the crosscut threepence per ton in addition to the above-mentioned rate shall be paid.

1903.

CoLLuIE

216

2. For turning away bords twelve feet wide, five shillings per yard shall be paid, and for cutting out from twelve feet to twenty-four feet, seventeen shillings and sixpence, in addition to the hewing rates, shall be

Proprietary Paid. Heading price shall be paid for bords turning away nine feet wide, Company

Vv,

COLLIE

MINERS’ UNION.

and five shillings per yard shall be paid for cutting out to twenty-four feet.

3. For heading work not less than nine feet wide the following prices shall be paid, viz., single 7s. 6d., double 8s., and three shifts 8s. 6d. per yard. One penny per ton shall be paid where two shifts, and twopence per ton where three shifts, are worked, in addition to the ordinary tonnage rate.

4. The minimum height shall be five feet, and all work performed in places under five feet shall be paid for at the rate of one penny per inch extra per ton.

5. Miners engaged in bords which are being worked two shifts shall be paid one penny per ton, and if being worked three shifts two-pence per ton, in addition to the ordinary tonnage rates.

6. The workers of the age of 19 years and upwards hereinafter mentioned shall not be paid less than the rate of wage set opposite their respective designations, trades, or callings, namely :—

Underground Workers— s. d.

Shiftmen 1l_ 6 per day Water Bailer ... 8 6, Pumper wee vee ses see 8 6 ,,

Do. (in charge of electric pump) 9 6 ,, Wheeler ves bes vee ses 9 6~C«aG,

Surface Workers--

Weighman wee wee we ves . 10 6, Screenman _..... vee wee see . 9 O =», Labourer tee see aes ves . 8 O07, Tipper ... wee see Lee we . 9 6, Gantryman.... wee vee vee . 9 O. 7 Carpeater wae wee wee wee . 10 6. ,, Blacksmith _... a bes . 10 6), Striker ee wee wee bes . 9 0.7 Horsekeeper_... wee wes ve . 9 6), Fitter and Turner _... Lee vee . 10 6), Fitter’s Labourer _ we ves vw 9 6,

Provided, however, that if the Employer’s price of coal to the Government Railway Department at the pit’s mouth shall at any time exceed ten shillings and sixpence per ton, then the workers who under the above scale receive not less than nine shillings and sixpence per day shall receive an additional twopence per day for every threepence per ton increase in the price of coal beyond ten shillings and sixpence per ton as aforesaid, while such increased price shall be paid. No worker under this provision shall receive more than an additional sixpence per day beyond the wage he is entitled to under the above scale,

7, Water shall be taken out of the places to allow the men to work comfortably at the commencement of each shift, otherwise compensation for loss of time shall be allowed.

8. Where slabs are required, 1s. 6d. per slab shall be paid, and where

bars are required, 3s. per bar shall be paid.

9. Wheelers shall take all empty skips to the face of the working places, and bring all full ones from the face.

10. The Company shall lay all rails into the miners’ places, excepting the six feet length next to the face.

11. Every effort shall be made by the Employer to secure a regular turn of skips, having regard alike to the interests of the mine and the workers, and neither the Employer nor the Worker shall violate the spirit of this condition, nor endeavour to secure or encourage its violation. In the event of any place not being ready for an empty skip, when available, the turn shall pass to the next place in turn ready to take it.

12. There shall be a general cavil for the places at the close of the months of March, June, September, and December of each year, places to be balloted for in the usual way, cavilling for “ special places ” to precede that

217

for the general, and in case of any place starting “special” during the 1903. quarter, it shall be balloted for among the miners desiring to put in for it, _ but so as not to prevent any manager from making special arrangements Qoz,15 for special work. Persons cavilling for “special” shall be subject to the proprimrary approval of the manager or overman and two scrutineers appointed by the (Company men. v

13. All places shall be left in good and proper order at the end of each CoLLiE quarter, and should any place be left unfair, two competent miners shall be MINERS’ appointed by the manager to examine the place, and decide as tothe value UNION. of such deficiency, the same to be paid by the outgoing to the incoming men.

14.. Two wheelers shall be allowed to cavil each quarter provided they can find suitable mates prepared to take them on the coal; preference to be given to the wheelers who have been longest employed.

15. Any question in respect of water shall be decided by reference to the Inspector of Mines in the district at a conference at the particular spot between a representative of the Employer, the miner who is concerned, and the Inspector. Any deficiency pay or claim for increased pay shall be arranged mutually between the Employer and the worker, and if they cannot agree, the same shall be determined by the Inspector.

16, The Company shall find all spanners and files used in or about the mine, and also all augers, half-inch and over, used by carpenters.

17. All wages shall be paid to workers on the evening of every alternate Friday.

IN WITNESS WHEREOF this award has been signed by the Presi- dent of the Court, and the Seal of the Court has been hereto

affixed this 21st day of December, 1903.

S. H. PARKER, J., [SEAL. | President.

After the publication of the Award in the Court, the following

remarks were made thereon by the members of the Court :—

The Prestpent: It will be observed in this Award we have fixed the wages for water bailers and pumpers at a considerably higher rate than at present prevails. We understand that at present the water bailers and pumpers employed underground are boys under the age of 19 years, but as the employer may think proper to engage men over the age of 19 years for this work, we deemed it advisable to fix the rate of pay for men above 19 years of age. We therefore fix it at 8s. 6d.aday. Trappers we have struck out in this Award because the rate is only 3s. 6d., and the work is done by boys, who do not come within the purview of this Award. We have also struck out boys engaged on the gantry and those employed with the horse keepers. It will be understood that

this Award only applies to those above the age of 19 years.

Mr. Lozster1n: I am sorry to say that I have to disagree with the Acting President on the question of the application of this Award. The Award is limited only to the Proprietary Company.

There are four Collieries in that district; two are not working, but they may commence at any moment. It appears to me to be one of the vital principles of conciliation and arbitration that an Award should apply to all parties. Where an increase of wages is made I

thiuk every worker should get the benefit of it; where, as in this case, a decrease is made I think every employer should also get the

218

1903, benefit of it, so that every place may be on equal terms. The — position at present is that the Proprietary Company is ordered to

Pa ee ay pay a certain rate of wage, and were tenders to be called for a fresh

Company contract the other Collieries, having first obtained an Award v. entitling them to pay a lower rate of wage than that now enjoined

CoLLIE . . . Miners’ Upon the Proprietary Company, could then, having the Proprietary Union. Company at a disadvantage, tender successfully at a lower rate. I

do not think that such a position should exist.

Mr. Moxon: I also dissent from the Award. Firstly, I would like to allude to what Mr. Lobstein has said with regard to the

area to which the Award is applicable. In deciding my view of this matter, I bore in mind that we had no evidence whatever of

the conditions which prevail in the other Collieries. We visited and inspected the Wallsend main seam, but we had no knowledge whatever of the conditions under which the men worked in the other mines, and I would not feel justified in coming to a conclusion upon a matter I knew nothing about. With regard to the rate of wages, I may say that it has received very careful attention from all the members of the Court. I think the rate has been fixed too high, and I say so from my knowledge of the rates paid in the Eastern States, and from the fact, of which I am aware, that the competition brought to bear against Collie coal is so great that they will have considerable difficulty in paying the rates awarded.

The Presipent: In respect to what Mr. Lobstein has said, as to the award being limited to the Wallsend Colliery, I may add

that in deciding to limit the award to this mine, I was considerably influenced by the fact that the miners employed in the Cardiff coal mine, the only other mine being worked, sent us in a petition asking us not to apply the award to their mine. They said they had given no evidence, and that therefore we did not know the con-

ditions under which they worked, and they represented that it would be unfair to apply the award to them. That operated very considerably on my mind, and I agreed in Mr. Moxon’s view that the award should be only applicable to the mine which we had inspected and examined, the conditions of which we were acquainted with. I did not consider that the award should be made to apply to a mine where the conditions were different, and where, as the miners said, the conditions were so different that they were not. earning the amount of wages made in the Collie Proprietary. Iam sorry to find that both my colleagues disagree with some portions of the award, but perhaps that will show how carefully we have gone into the matter, and how anxious I have been to arrive at an award which I considered fair and equitable.

(Mr. Frank Wilson, being desirous of absenting himself from the Court during the hearing of this dispute, applied to be excused. His application was granted, and Mr. W. E. Moxon was appointed as member representing the Employers’ interests during his absence. |

219


Yarloop Timber Industry Union of Workers

v.


Ex parte application for interpretation of Award of 24th November, 1903, and for directions—Discussion as to the construction to be placed on the Award in this dispute.

Mr. A. J. Wruson, on behalf of the above Union, made appli-

cation to the Court with a view of obtaining its direction as to what

duty was cast upon the employers by the fixing of the minimum

wage in the Court’s Award. In other words, an expression of

opinion was required from the Court, as to whether the minimum wage fixed should also be allowed to become the maximum wage in the industry. Reference was made to the remarks of His

Honour the President on the occasion of the delivery of the Award in the carpentry industry, on the 26th May, 1908, which

were to the effect that the minimum wage was that fixed for the

least skilled or most inexperienced of the competent workmen. He explained that the workers in the timber industry were of opinion that in fixing the minimum wage the Court never intended such minimum to become general, but to apply only to the least skilled

of the competent men. After a perusal of the Award it appeared to the members of the Union that the Court had intended to confirm the industrial conditions existing at the time the application was made. The management of the Millar’s Company notified their employees that it was their intention to forthwith put the terms of the Award into operation, by paying all hands at the minimum rate fixed thereby. This in many cases meant considerable reductions. The workers were of opinion that it was not the intention of the Court that such a construction should be placed upon its Award, and, consequently, as the outcome of this misunder- standing, some trouble had arisen between them and the Company’s manager.

The Presipent: Do I understand you to mean that if there

were a fitter receiving 13s. per day at the time of the Award the Court intended that such fitter should still receive 13s. ?

Mr. Wixtson: That was the workers’ interpretation.

The Presipent: Surely you cannot take that view if you have read the Act, or even followed the arguments here. All this Court has to do is to fix a minimum rate of pay. It is quite competent for the company to say that it will pay no more than the minimum rate of pay. That is a matter which will have to be regulated

1903.

December 22,

1903.

YARLOOP TIMBER

INDUSTRY

UNION OF

WORKERS

Vv.

MILLAR’s

KARRI AND

JARRAH

ComMPaNny

(1902), LIMITED.

220

between the workmen and the employer; it will also depend, I

presume, upon the demand for the article produced, and the value of the workman to the employer—particularly the value of the

workman. All we have to do is to fix a minimum. In fixing a minimum we have first to fix a living wage, because it seems to me it would be useless to fix a wage unless it was a living wage, and, in my opinion, unless an industry can employ men at a living wage it is better the industry should go. We have next to consider what the industry can pay—what men in like employment are receiving in other places. We consider the matter from those points, and

arrive at our conclusion of what the minimum should be. We have given what we consider to be the highest minimum we could fix in this industry if it is to exist alongside the competition from

outside sources. It is quite competent for the employer to say that he will not pay a penny more than the amount fixed here.

Mr. Witson: We want to know whether the employer in doing so would be doing anything contrary to the intention of the Court when making the Award.

The Presipent: He would be doing nothing contrary to the intention of the Court. We do not pretend to fix a fair wage, nor do we intend to grade the men; we could not do it. We went very carefully into the matter of the minimum wage. We had to fix a

mininium rate, and we have not fixed a minimum lower than the

actual wage paid in one or more of the mills; we have not lowered the minimum which prevailed before the Award.

Mr. Witson: That is what led us to the conclusion that the

Court really intended to leave things as they were at the time the

application was made. I would ask that a provision similar to that of Clause 4 of the Award should be made to meet. the cases of those

men who reasonably consider themselves entitled_to be paid a higher

rate than the minimum fixed, so that they may have the right to

apply to the employer.

The Presipent: I am not prepared to consider any further

addition to the Award. You must make a proper application, with

notice to the Company. In my opinion it would be quite contrary to the spirit of the Arbitration Act if such a clause were put in the Award. We have fixed a minimum, and the workman who considers

himself underpaid can leave his work. I want you to distinctly understand that so far as I can see there is no reason whatever for

saying that the Company has misinterpreted this Award in one

single particular.

“Mr. Witson: Are we entitled, under Section 85 of the Act, to

apply at some subsequent date for an addition to the Award for the purpose of remedying what we consider to be a defect, or for the purpose of giving a fuller effect to it.

The Brestpentr: I do not know what the next Court will do or

sav, but for myself I see no defect in the Award. So far as I can

221

see there is no reason why the fullest possible effect should not be given to this Award.

Mr. Winson: We would be entitled to show by evidence that

a fuller effect could be given to the intention of the Court if our construction were placed upon it and followed.

The Presipext: The intention of the Court is perfectly clear.

The intention was to fix a minimum wage, and I tell vou that when

we fix the minimum wage we can do no more. We say the Company

shall not pay less than that wage, but they may not pay a penny

above it.

Application dismissed.

1903.

YARLOOP

‘TIMBER

INDUSTRY UNION OF WoRKERS

v. MILLAR’s

KARRI AND

JARRAH

COMPANY

(1902), LIMITED.

223

APPENDIX.

A.—Constitution of Court and Boards.

B.— Registrations and Cancellations of Unions from lst August, 1903, to 31st December, 1903.

C.—Industrial Agreements registered, also retirements therefrom, during the above- mentioned interval.

D.— Industrial disputes pending before the Court on 3lst December, 1903.

E.—Supreme Court decisions bearing upon portions of the Industrial Conciliation and Arbitration Act, 1902.

224

APPENDIX.

A.

CONSTITUTION OF COURT AND BOARDS.

9th October, 1908, to 31st December, 1902.

A temporary change in the constitution of the Court occurred in November, 1903, when, on the l]th day of that month, Mr. W. E. Moxon was appointed to sit as member representing the Employers during the temporary absence of Mr. Frank Wilson, from the 26th November, 1903.

Mr. Moxon, by virtue of this appointment, acted in the capacity of Employers’ representative on the Court during the hearing and settlement of the dispute, Collie Proprietary Coalfields of W.A., Limited, versus the Collie River District Miners’ Union of Workers.

No change in the constitution of any of the Boards has taken place since the publication of Volume I

ADDITIONAL REGISTRATIONS FROM Ist Auaust, 1903, ro 31st DECEMBER, 1903,

Industrial Unions of Employers :

Nil.

Industrial Unions of Workers,

: ASS Industria Name of Union. | regieteved. sah as

| Zu Aerated Water and Cordial Makers’ Em-

ployees Industrial Union of Workers, Eastern Goldfields ... wes vee wee 4-2-04 | 15 Eastern

Breweries Employees’ Union of Workers (A.W.A, ), Eastern Goldfields . {-2-04 | 23 Eastern

Bricklayers’ Industrial Union of Wor kers, sy, F remantle Operative 30-12-03 | 20 | South-West

Builders’ Labourers Union ‘of Worke:s. Fremantle and District —... 8-12-03 | 39 | South-West

Builders’ Labourers Industrial Union of Workers, Perth wee ae wee w | 11-11-08 40 South-West

Engine-drivers’ Union of Workers of Western Australia, The Goldfields Amal-

gamnated Certificated (Coolgardie Branch) | 6-11-03 | 49 astern Metal Workers’ Labourers Industrial Union

of Workers, Perth ... 4-8-03 | 29 South-West Miners’ Union of Workers, Feysville (A. W.A. ) 27-8-03 | 22 Eastern Miners’ agen of Workers, Meekatharra

(A.W.A.) a _ wee ee 3-8-03 44 Western

Railway Employees’ “Union of Workers, West Australian Midland ... vee wes 4-12-03 | 26 | South-West

Timber Industry Industrial Union of Workers, Drakesbrook (A.W.A.) ... J.) 12-11-03 32 South-West.

Timber Industry Industrial Union of Workers, Greenbushes (A.W.A.) ... ce 27-8-03 29 South-West

Timber Industry Industrial Union — of Workers, Kirupp (A.W.A.) we .. | 9-10-03 | 21 South-West eerie eee eee eee wee ee oe

225

B.

Industrial Unions cancelled between Ist August, 1908, and 31st December, 1903.

Date Cancelled. Fremantle Tailoresses’ Industrial Union of Workers ... 9th October, 1903

of W.A.

Bulong No. 2 Branch of the Goldfields Amalgamated ... 18th December, 1903 Miners’ Union of Workers of W.A

Industrial Association of Workers (registered since Ist August, 1903).

No. of : Date fy Industrial

~ registered. aeons istri

Trades Hall Industrial Association of Workers, Fremantle and District ... | 1-12-03 9 South-West

Cc. Industrial Agreements registered from Ist August, 1903, to 31st December, 1903

Nil.

Retirements from Industrial Agreements.

23rd July, 1903.—Notice of retirement filed on behalf of the Commis- sioner of Railways, intimating his intention of retiring from the Industrial Agreement entered into between himself and the West Australian Locomotive Engine-drivers, Firemen, and Cleaners’

Industrial Union of Workers, on the 21st February, 1902.

D.

Industrial Disputes before the Court on 31st December, 1903, to be disposed of.

1. Perth Plumbers and Galvanised Iron Workers’ Industrial Union of Workers and the Fremantle Branch of the W.A. Plumbers’ Union of Workers v. Master Plumbers, Gasfitters, and Sheet Metal Workers’ Union of Employers. (Evidence heard, Award to be delivered.)

2. Bulong Branch, No. 2, Goldfields Amalgamated Miners’ Union and Bulong Branch of the Amalgamated Workers’ Union of Western Austral a v. Queen Margaret Gold Mining Company and Queen Margaret Central Gold Mining Company. (Evidence heard, Award to be delivered.)

3. Peak Hill Amalgamated Workers’ Union v. Peak Hill Goldfields, Limited. (Application for interpretation.)

4. Lawlers Branch of the Goldficlds Amalgamated Certificated Engine- drivers’ Union of Workers v. East Murchison United, Limited, Gold Mining Company, and the Belleview Proprietary, Limited.

oii Broad Arrow and Paddington Mining ‘Timber and Firewood Supply

Union of Workers v. Kalgoorlie and Boulder Firewood Company.

G6. Lawlers Branch of the Goldfields Amalgamated Certificated Engine- drivers’ Union of Workers v. Gwalia Consolidated, Limited.

Paddington and Broad Arrow Miners’ Union of Workers v. Golden Arrow Gold lining Company, Paddington Consols Gold Mining Gombany: Half-mile Reef Gold Mining Company, Star of W.A. Gold Mining Company, Broad Arrow Consols Gold Mining Company, Slug Hill Gold Mining Company, and Zoroastrian Gold Mining Company.

8 Kurrawang Mining Timber and Firewood Supply Union of Workers v. Kurrawang Firewood Company, B. Matthews, A. Brooks, J.

Cahill, Guild & Co., W. Loelding, and J. Bottoni.

9. The Goldfields Painters, Paperhangers, and Decorators’ Union of Workers v. P. Badhain, H. G. Jacoby, and W. Burton.

T

=

10. Metropolitan Timber Merchants’ Employees’ Union of Workers »v. Millar’s Karri and Jarrah Company, Limited; Coombe, Wood, & Company, Limited; and Whittaker Brothers.

226

11. Wetal Workers Labourers’ Industrial Union of Workers v. Coastal District Master Metal Workers’ Industrial Union of Employers.

12. ‘The Builders, Contractors, and Joinery Works’ Industrial Union of Employers v. the Workers’ Industrial Union of Carpenters and Joiners, Perth,

13. The Coastal Aerated Water Makers’ Employees’ Industrial Union of Workers v. Donaldson & Collins, G. Saurmann & Co., B.C.D. Company, — Rowland, W. Letchford, Golden West Company, Mineral Water Springs, and Cavanagh & Osborne.

14, The Coastal Carters and Drivers’ Industrial Union of Workers v. Whoolley & Walsh, Mitchell, Sons, & Stinton; Foy & Gibson, Moullin & Hayward, W. McCormack, W. Sandover & Company, Limited; Dunn & Co., and Imperial Firewood Company

15. The Coastal Hotel, Restaurant, and Caterers’ Employees’ Industrial Union of Workers v.T. G Glowery, Mrs. Ellis, J. Randall, D. Angels, — Leslie, J. Steadman, and P. Anthony.

16. Coastal Dairymen’s Employees’ Union of Workers (A.W.A.) v. Coastal District Master Dairymen’s Industrial Union of Employers.

E.

The following cases, which have considerable bearing upon the working of “ The Industrial Conciliation and Arbitration Act, 1902,” are here briefly commented upon and the judgments reported. For the more detailed report the reader is referred to the W.A. Law Reports for 1903.

In THE SuPREME CouRT OF WESTERN AUSTRALIA, IN BANCO.

Anderson v. the Commissioner of Railways.

Coram—ParRker, J.. McMiuuan, J.

Exparte application for a rule nisi for a writ of mandamus to compel the Commissioner of Railways to hold an inguiry, tn accordance with the terms of an industrial agreement filed in pursuance of ‘ The Industrial Conciliation and Arbitration Act, 1902. Quere, notwithstanding the provisions of 2 Edwd. VIT., No. Sections 4 and 9, and 1 & 2 Edwd. VII., No, 2%, Section 107, whether a mandamus would tle agains! the Commissioner. “The Commissioner has no power to enter into any industrial agreement which would render void any of the powers conferred wpon him by “ Phe Railway Servants’ Act of 1887,” Application refused.

In this matter the applicant Anderson had Deen a guard on the Western Australian railways. On August Ist, 1903, he was acting in that capacity on a train travelling from Kalgoorlie to Broad Arrow. During the journey one of the carriages left the rails and overturned. An gry was held by the Commissioner, und as a resitit of that inquiry the guard was suspended, and subsequently, on 24th August, 1903, he received notice that his services were no longer required as from 13th September, 1908. The applicant was a member of the West Australian Amalgamated Society of Ruilway Employees’ Union of Workers, and on 27th February, 1903, that Union had entered into an industrial agreement with the Commissioner, which agreement contained a clause (Clause 20) providing for the holding of an Appeal Board in cases of punishment of members of the Union. Under this clause the applicant asked for an inquiry before the Appeal Board, but his request was refused.

The matter now came before the Court on an ev parte a application by Anderson for a rule nist for a writ of mandamus to compel the Commissioner of Railways to hold such inquiry.

After an exhaustive discussion, the following judgment was delivered :—

ParkER, J.: My view is that you are not entitled to a mandamus in this case. True, the Commissioner has been created a corporation sole, but that is for the purpose of carrying on the railway business. He still remains a servant of the Government, and he is the head of a Government department. I doubt very much whether a mandamus would lie against him; but assuming that it does lie, we must be satisfied, before we grant even a rule nisi, that he has made out a case entitling him to the inquiry he asks for. Now this railway guard has been dismissed by the Commissioner of Railways. After he had received notice that he was about to be dismissed he appealed to the

227

Commissioner under an industrial agreement that was entered into between 1903. the Commissioner of Railways and the West Australian Amalgamated Society of Railway Employees’ Union of Workers. He made a request under that Anpznson agreement for an appeal to be held. It seems to me, however, that although this industrial agreement creates an Appeal Board, still it in no way overrides, Commrs- nor does it purport to override, the provisions of 51 Vict., No. 1, “The gjongr oF Railway Servants’ Act, 1887.” That Act, by Section 2, enacts that the Com- RaILWAYs.

missioner of Kailways shall have the power of appointing, of fining, and of dismissing (whether summarily or otherwise) any person falling within any class of railway servants in the schedule to the Act mentioned. The various servants in the Railway Department mentioned include guards, and this man Anderson (the applicant in this case) is a guard, so the Commissioner of Railways has express power given him by the statute to dismiss him. The Act appointing him Commissioner increases his powers because it repels Section 3 of 51 Victoria, No. 1, which provided that all appointments, fines, and dismissals should be subject to the approval of the Governor. At the present time the Commissioner is given power, therefore, to act without obtaining the assent of the Governor

in the matter of appointing, dismissing, or fining. Now, assuming that this industrial agreement did or does. conflict with the statute, I am inclined to think that if it so conflicts it is void so far as it does so conflict with the statute. The statute must be right, and not the industrial agreement. I do not think the Comnnissioner of Railways has power to enter into any industrial agreement which would render void any of the powers conferred upon him by “The Railway Servants’ Act of 1887.” I do not think that this industrial agreement does so. One would have expected that, had the parties to the agrcement intended to take away from the Comnrissioner of Railways his power of summarily dismissing any of the employees, that the agreement would have stated soin express terms. I should have expected to see a provision to the effect that the Commissioner of Railways should not dismiss any servant summarily or otherwise until an inquiry had been held before this Board. But thereis no such provision. True, the 20th clause of the agreement provides for an Appeal Board, and the Commissioner of Railways is constituted the Board. The clause states that the Commissioner of Railways shall receive, hear, investigate, and finally decide appeals from all employees comprised in this agreement, and in the event of the appellant being successful all his costs shall be allowed by the Commissioner. Now, it seems to me to be perfect nonsense to tell the Commissioner in this case that he shall holdan inquiry, and at the same time to tell him that, notwithstanding that inquiry, or whether he upheld the view or not that Anderson should have been dismissed, he still has the power of summarily dismissing him. I say it would be ridiculous to grant a mandamus under these circumstances. Mr. Ewing admits that the Commis- sioner can dismiss at will. If he can dismiss at will, and if the man is legally dismissed, then it seems to me that he is rightly dismissed. It seems to me that he has been rightly dismissed if he has been dismissed in accordance with the law; and, having heen rightly dismissed, I cannot see how you can be entitled to any inquiry by the Commissioner—-an inquiry which must necessarily be abortive. In my view, therefore, there are no grounds disclosed, either in the affidavit, in the documents, or in the arguments of

the learned counsel, for the granting of this rule. The Commissioner has said in express terms that there can be no appeal. He also says why. He says the department does not require the applicant’s services any longer, and gives him the customary notice. There is nothing about hearing an appeai. We must refuse the application.

McMi..an, J.: I agree.

Application refused.

Mr. N. K. Ewing for the applicant.

1903.

March 28.

228

In THE SuPREME CouRT OF WESTERN AUSTRALIA.

Between the W. A. Supply Co., Ltd., Appellants,

and

The Registrar of Friendly Socicties, Respondent.

Coram; McMiuuan, J. (Special case stated). ‘The facts are reviewed

in the judgment.

McMuuan, J.: This is a case stated by the Acting Police Magistrate of the Police Court at Perth, under the provisions of “‘The Justices Act, 1902.” A complaint was preferred by the Registrar of Friendly Socicties against the appellants, for that they did at Perth, within six calendar months last past, do a thing in the nature of a lockout. The magistrate found the complaint proved, and fined the appellants £10, ordering them to pay the costs. Upon the hearing of the complaint it was admitted by the defence that the Registrar prosecuted in accordance with the Act; also that the defendant company was a registered limited liability company. From the evidence adduced at the hearing by the respondent—no witnesses having been called by the appellants—it appears that an objection had been made by some of the appellants’ workers to certain work being performed by a boy. With reference to this matter, the men conferred with Mr. Green, the appellants’ manager, who declined to accede to their request and refused to be dictated to. This meeting was on 17th December, 1902. On 3rd January, 1903, the company discharged all hands, engaging others in their places. There is no evidence that anything had been done with reference to the alleged dispute during this interval. There is a statement by one of the witnesses that there was no meeting of the men’s union during that time. Further, there is no evidence to show that the dismissal was not what it purported to be, an absolute dismissal. ‘The magistrate came to the conclusion that on the facts proved before him the defendant company had done a thing in the nature of a lockout within the meaning of Section 98, Subsection 1, of “ The Industrial Conciliation and Arbitration Act, 1902.” The first point which has to be determined is whether there was a matter in dispute. This is a question of fact to be decided by the magistrate, and I am of opinion that there was evidence upon which he could come to the conclusion that there was a matter in dispute at the time of the alleged lockout. This brings me to the real point to be decided in this case, namely, was that

which took place in the nature of a lockout within the meaning of the Act. The words of the Act are; “ Any person who takes part in or does or is concerned in doing any mattcr or thing in the nature of a lockout or strike ... . shall be guilty of anoffence.” Astrike may be defined as a refusal by workers to continue to work for their employer unless he will give them more wages or better conditions of labour. A lockout is the converse of a strike. It is the refusal of an employer to allow his workmen to work unless they will accept his rate of wages or the conditions of labour which he imposes. In neither case is the employment finally determined, the intention of the workmen in the one case and of the employer in the other, being that the employment shall be continued if a satisfactory settlement of the matter in dispute can be arrived at. The strike or lockout, as the case may be, is used as a weapon to

bring about an arrangement satisfactory to the party using it. In the present case I can see no evidence that the company had any intention that the men should return. They were not refusing them work unless they accepted their terms. They were getting rid of them entirely. It may be that the motive which influenced the appellants in taking this conrse was the dispute which had arisen, It is contended, however, on behalf of the

respondent. that the Act, by prohibiting anything in the nature of a lockout, intended to prevent and does prevent an employer from dismissing any of his men after an industrial dispute has arisen. If there was any evidence to show that the dismissal, although purporting to be absolute dismissal, was not in fact intended to be absolute, but that there was the intention on the part of the employer to take his men back if they would accept his terms, it would, I think, be in the nature of a lockout within the meaning of the Act. If, on the other hand, the facts show that the dismissal was really absolute, that the employment was finally determined, then, whatever the intention of the Legislature may have been, there is, in my opinion,

229

nothing in the Act to prevent the appellant from taking this course. I 1903. doubt very much whether this was the intention of the Legislature. It is _— one thing to say thatas long as the employment continues neither party wa SuppLy shall take any steps to bring pressure to bear on the other after an indus- 9 [7rp. trial dispute has arisen for the settlement of which a tribunal is provided. AND It is another to say that after a dispute has arisen no employer shall from pyogristRaR any cause—for there is no exception—dismiss his workers, It is also to , be remembered that if this extended meaning is to be given to the expression, “in the nature of a lockout,” equally extended meaning must be given to the expression, “in the nature of a strike,” so that no worker would be able to leave his master after a dispute had arisen, although his object might leave him in an employment which was distasteful to him, or to enter one which would be more lucrative. If the Legislature had intended to take away the Common Law right of an emplover to get rid of his workers, or of a worker to leave the service of his employer, and to say that for the future any person so acting should be guilty of an offence, there would have been no need for the use of the words “lockout” or “strike,” it would have been simply necessary to enact that after a dispute had arisen no employer should dismiss a worker and no worker should leave the service of an employer. Mr. Ewing, however, contends that the point has already been decided in his favour by the Arbitration Courtin New South Wales, in the case of the New- castle Wharf Labourers’ Union v. The Newcastle and Hunter River Steamship Co., Limited, reported in the Industrial Arbitration Reports and Records of New South Wales, 1902. If the facts in the present case had been similar to the facts in the case with which the President of the Court, Mr. Justice Cohen, was dealing, I should have been prepared to adopt his statement of the law and to find that the thing complained of was in the nature of a lockout. There is, however, this material distinction: That there existed in that case the fact which I am unable to find iv the case before me, namely, the intention on the part of the employers to take back their men if they would accept the terms offered to them. It appears, from the statement of the facts on page 7, that the members of the Union were ready to return to work on certain terms, subject to the final decision of the Arbitration Court, but that the company would not accede to any provisional arrangement, but insisted upon an unconditional agreement. I must, therefore, answer the question on which my opinionis desired by saying that there was no evidence upon which the Acting Police Magistrate could find that the defendants had done a thing in the nature of a lockout.

[Suhsequent to the delivery of the judgment, this Chief Justice, on the conclusion of the hearing uf an appeal by way of case stated, gave it as his opinion that such appeals should be heard by the Full Court. The consequence was that this case was set down for re-argument before the Full Court, the judgment of Mr. Justice McMillan being regarded as nugatory. The case is as yet undecided. ]

230

INDEX TO CONTENTS.

Page.

ABANDONMENT or AprpEAL—Appeal struck out... - see 5

AccIDENT— Question of inferior surgical aid in cases of, not considered as a factor for increasing wages ... . . te wee 48

Appress—Reading of before Court not favoured wee wee vee vee 51

Only one Agent or Counsel on either side allowed to wee . 212

ADDITIONAL ReaisTRaATIons of Industrial Unions during Period covered by Volume IT. of Reports vee . 224, 225

ADJOURNMENT— Application for, without notice to other party granted at the cost of the applicant . . 150

Ags Limit prescribed for workers earning minimum wage... wes ... 11, 69, 78, 152

AGENT representing party to dispute entitled to witness’s _ expenses = if subpenaed as a witness .. . 73

Only one on either side allowed to address Court ¢ or examine or cross- examine witness wee . . we 212

AGREFMENT, INDUSTRIAL (See “ Industrial Agrooment ”,

AMENDMENT of Claim allowed wee . 46, 66

AmuseMENT— Lack of, not considered by Court as ®& factor in \ assessing the minimum wage . . - 47,49

APPEAL against the Registrar’ 8 ; refusal to cancel .. see see ves wee 54

Against the Registrar’s refusal] to register ... wee wee see eee 5, 54

Against the registration of Union, dismissal of tes wee 99

APPLICABILITY OF AWARD—Petition that Award be not made ® applicable t to whole District... 214

Petition that Award be made applicable to District. ve wee we 214

Remarks of members of the Court on ... . . wee 217,218

APPLICATION for adjournment without notice to other side granted at t cost of applicant . wee wee ses ves wee - 150

For appointment of ‘Assessor refused vee eee wee wee wee wee 9

For appointment of Assessor granted .. . vee 131

That Award be made applicable to industry i in n whole of District | ves 214

That Award be confined in its operation to parties to dispute... wee 214

(Counter) put forward on behalf of Employers wee - .. «6.2, 83, 75, 85

Do. should be filed in manner similar to original spplicaton wes 110

Do. put forward on behalf of Workers ses wee vee 210

For directions (ex parte) wee vee sae wee ves wes 63, 89, 114, 219

For enforcement of Award ves wee 91, 95 Service of a copy of the Award not : a necessary precedent to, as

against a party to the original dispute, but quere in case of application for enforcement as against a Porson } not a party t to the original dispute .. . “ . . . 92, 93

For Injunction—day fixed for hearing of wee we vee wee 108

For Interpretation wee wee tes eee wee we wee we 80, 97 For Interpretation (ev parte)... . wee sae wee we oe 219

To join as party to dispute—granted . wee ees vee see aes 108, 109

To join as party to dispute—refused ... vee vee ees wee vee 33 For mandamus (Supreme Court) eee ves see vee wee oes 226

231

INDEX OF CONTENTS—continued,

AvPLicaTion to call upon person to show cause why he should not be com- Pages mitted for contempt of Court... see . 6

For witnesses to be ordered out of Court until called upon see eas 199

APPRENTICES —Provided for in recommendation of Board of Conciliation... 29 Provided for in Award of the Court... wee vee aes wes .. 69,132, 183

APPRENTICESHIP—Court refuses to make compulsory (Carpentry industry) ... 38

Assessors—A pplication for appointment of refused... bee we vee 9

Appointed (Bootmakers’ dispute) ves wee 131

Court may call upon parties to appoint at late ‘stage of proceedings vee 9

Are not members of the Court— Powers are of an advisory nature vee 131 Should not alsu be witnesses... wee 131

ASSOCIATION OF WORKERS registered during period covered by Volume IT. of Arbitration Reports

ATTENDANCE-~Inferior surgical or medical, not in the o opinion of President a ground for increasing wages . . we 48, 50

Witness not liable to a penalty for. non-attendance at ‘Court unless expenses tendered . . 110

AWARD (see Awards in various ‘disputes specified ir in Index of cases in front part of Volume)

Boarp or ConciLiaTion—Constitution of during period covered by Volume II. of Arbitration Reports... “ wee 224

Jurisdiction of—Party estopped from raising - objection to. wee 85

Recommendation of—Confirmed in its * entirety by the majority of the Court... . 19

Recommendation of —Court will not vary unless strong case made out . wee 18

Do Providing for Apprentices wee wes wee we 29

Do should disclose parties to dispute see eee 90

Reference to Court after Recommendation made by... vas wee 8, 13, 17, 84,149

Boy Lasour—Award made expressly excluding ... see wee oe vee 16 Award made regulating rates payable fo for... vee eee see ee 69

Court avoids fixing rates for... vee soe see we wee 217 President’s remarks on question of .. one eee 38 Provided for in Recommendation of Board of Conciliation | see wes 29

Breacu oF Awarp (see “ Application for Enforcement.”) Penalty imposed for (see “ Penalty.”)

Business— Witness not compelled to disclose detuils of .. ve ve one 74

CARPENTRY AND JOINERY —as defined in Award of Court see 37

CLASSIFICATION OF WorRKERs — former classification of Workers in the Mining Industry adhered to... .

COMMISSIONER OF Rainways—Cannot enter into an Industrial Agreement under Act wee . wee wee vee wes ... 197,227

Court has no jurisdiction 0 over ... . wee eee wee we 196

Position of as viewed by Court of Arbitration Lee ves ... 195, 196, 197

CoMPETITION with Foreign Countries urged on behalf of Employers as ground for reducing rate of wages... . * 10

ConFiict— Industrial Agreement conficting with Statute void j in 80 ‘far as it conflicts .. 227

CONSTITUTION OF ‘Court AND Boars during period covered by Vol. II. of Arbitration Reports... ses we ves 224

ConTEmpT or Court—Application to commit for.. wes a wee ve 7

Ez parte application for directions in case of .. wee ee see wee 63

Leave granted to proceed by summons wes vee wee vee ves 7

Power of Court to commit for ... bee wee eee eee wee lee 7

ConrracT oR PiEcEworK (See “ Piecework.”)

“CONVENIENTLY BELONG ’—interpretation of words... wee see eee 104

232

INDEX OF CONTENTS—continued. . Page.

ove «. 93, 94, 96 Costs—allowed by Court... ose wee eee wee vee

Jurisdiction--Where Court has no juriediction to adjudicate upon dispute it cannot make order as to ... 200

Of living--difference between Victoria and “Western Australia, Court allows at about 15 per cent. increase for W.A. 131

Of living—not the only question to be taken into ‘consideration mn by th the Court when fixing the rate of wages vee 47, 50, 65

Of maintaining family urged as factor for i increasing wages boa 48, 49, 50

Of travelling to remote districts does not influence Court in fxing minimum wage . wee Le vee 46

CounsEL—Only one allowed to address Court on either side i in one dispute .. 212

Only one allowed to examine or cross-examine witness on either side... 212

CounTER APPLicaTions put forward by Employers ses tes ves 2, 33, 75, 85, 150

Put forward by Workers see vee vee wee wee see wee 210

Should be duly filed vee wee . vee wee 110

Court oF ARBITRATION—Constitution of during period covered by Vol. II. Arbitration Reports... tee - . 224

Contempt of—No inherent power r to commit for see see . wee 6

Day Worx System or Employment—Court refuses to restrict Employers to 12

Derect In AwarD—Application for Directions re alleged see wee a 220

Derinition-—Carpentry and Joinery wee wee wee wee vee “ 37 Minimum rate of wage ... vee wee eee wee wee 17, 18, 38, 219, 220

DirEections—Ez parte application for wee i ... 63, 89, 114

Dispute should be pending before the Court before application can be made under Subsection 3 of Section 100... 90

DiscHaRGE OF WORKER on account of his connection with dispute wee wee 9

Court considers would be an improper and vindictive act ... wee wee 10, 18

Disctosure oF Details or Business—Witness not compelled to make... 74

DiscRIMINATION BETWEEN UNIoNIsT AND Non-Unionist—Court refuses to strike out clause in Workers’ claims forbidding ... - 109

DisMIssAL OF APPEAL. we wee wee wee wes 60

DismissAL OF WORKER (see “ Discharge of Worker”).

Dispute, InpustRiat—Before Court on 31st December, 1903 ... 225

If reinstated in list after withdrawal Court would be inclined to © regard as frivolous wee 62

Reinstatement by consent - 199

Trivial—When Masters refuse to confer with Men a genuine Aispute exists . . 14

What constitutes... . vee wee oes see ves 13

Withdrawal of after dispute part heard wes we ees eee vee 199

Withdrawal of before hearing ... wee wes ves . . eas 61

DISTANCE FROM LARGER CentTres—Court refuses to take into consideration in assessing minimum wage ... . wee 46

EmPLOYMENT—Day-work System—Court refuses t to restrict Employers to ... 12

ENFORCEMENT OF AWARD—Service of copy of Award not a necessar y precedent in application for enforcement against party thereto . vee 92

But que#re as to person not party to Award ... vee 93

EstorPpEL—Parties estopped from raising objection to jusiadiction of Board, having previously submitted to same - 85

Evipence—Admissibility of N.S.W. Industrial Agreement questioned for want of proof... 66

Irrelevancy—Court refuses to admit evidence of alleged ‘wrongful dismissal of worker on ground of 18

Strong evidence required before Court will vary Board’s Recommendation 18

(See also “‘ Witness ”’).

233

INDEX OF CONTENTS—continued.

ExIsTENcre or INpusTRIAL Unrion—Under Section 10 decided that Union exists in locality in respect of which it is registered ves “

Ex Parte Application for Directions Dispute should be pending in order to ground

ForEIGN ComMPETITION urged as ground for reducing wages

Grapine or Workers—Court does not attempt to grade tl the Workers | in an Industry .

Ho.tipars—Court has power to direct payment for

IpLENgEss (Temporary) through lack of work during shift not “considered by Court as ground for reducing wages . . .

INCOMPETENT WorKER—(See Incompetent Workers’ “clauses in various Awards).

Pending decision on application for permit, may work for wage for which permit asked.

INDUSTRIAL Aaerenent—Admissibility of N, s. w. Industrial Agreement before the Court in W.A. .

Commissioner of Railways cannot enter into under the I. C. and ‘A. Act, 1902 . . .

Conflicting with Statute void i in so far a as it conflicts

Retirement from

InpustTRIAL DispuTE—(See “ Dispute my

InpustRiaL Union—“ Exists” in locality in respect of which it is registered

Registrations of, during period covered by this volume Registration of, not invalidated on ground that it has only 17 members,

3 of whom are also members of another Union ..

Nor by reason of the fact that some of its members are not resident in the locality -

Registration, cancellations of, during period covered by this volume

InyuNcTION—Application for, date fixed for hearing of .

IRRELEVANT MatrerR—Court refuses to admit evidence of alleged i improper dismissal of worker during the hearing of a dispute on the ground of irrelevancy wee ve

INSPECTION OF Documrs—Representatives of parties have not the right 0 of inspecting all documents and books put in in evidence ...

Of Factories made by Court during interim in hearing of dispute Of Mine made during interim in hearing

INTERPRETATION OF AWARD— Application for

Ts not an Industrial Dispute

JoInERY (See “ Carpentry and Joinery”).

JURISDICTION—Commissioner of Railways—Court has no jurisdiction over under the 1902 Act, consequently cannot make an Award binding him

Costs—Where Court has no jurisdiction it can make no order as to - Estoppel—Party estopped from objecting to jurisdiction of Board having

previously submitted thereto in same Dispute...

Minister of Crown—Court has no power to enforce Industrial Agrooment or an Award against bea bee . wee wee

Locauiry— Union exists in locality in respect of which it is registered

Distinct—- What constitutes

Lockour—Definition of—Absolute dismissal does 1 not constitute

Manpamus—Ez parte application for rule nisi for (Supreme Court) ...

Quere whether it lies against Commissioner of Railways wae wee

MANUFACTURING INDUsTRIES—Foreign competition in urged as reascn for opposing Workers’ demands ...

MEMBERSHIP OF Unions—Members of one ‘Union not prohibited from also being members of another Union

Members need not all reside in locality for which Union registered

Page.

59

63, 89, 114

234

INDEX OF CONTENTS—continued. Page.

Minimum Wace—Age limit fixed for worker entitled to . . . 11, 69, 78, 152

How arrived at—Court does not consider itself bound to grant Kalgoorlie rate plus extra cost of living in Mining Disputes 46

Court must consider state of industry ees 46, 47

Distance from larger centres not considered as & factor for increasing rates of wages ... - eee wee wes wes wee 46

Nor is lack of amusement tee vee .. 47,49, 50

Nor the inferior surgical: and medical ‘attendance ‘obtainable at remote centres... wes 47,48

Nor can the question of marriage or family be urged as strong grounds for an increased wage ... we 48, 50

Maximum—Court cannot prevent employers | ‘from making ‘the minimum fixed the maximum _... . . 219

Remarks of members of the Court on ... vee ‘17, 18, 38, 219, 220

Views of President as to what should be taken into consideration when fixing wee vee 65, 213

Worker if employed. on two different classes of employment entitled to be paid the minimum wage fixed for the higher class . “ 83

MINISTER OF Crown—No power to enforce Award or agreement as against 196, 197

OxsrectTion to registration of Union see cae . vee wes vee 54

OvEerTIME Rates (See Overtime clauses in various awards.)

Breach of Overtime clause—Not a valid defence to urge that weekly hours have not been exceeded if prescribed daily hours have not been observed 93

Clause is inserted in Awards with a view of preventing overtime wes 94

Penatty for Breach of Award —Arrears assessed and ordered to be Paid by way of... . . = 96

Imposed by Court . wee ... 93, 94, 96

Witness not liable to for non-attendance unless | oxponses have been tendered ... we “ tee . . 110

Permit Incompetent Workers (see Incompetent Workers clauses in various Awar

Pending decision on application for, Worker may work for "wage specified in application for permit cee 36

Petition that Award be made applicable ¢ to whole district ... wee be 214

That Award be not made applicable to whole district tee wee we 214

Przcework—Abolition of—Court refuses to order in industry 12, 15 Express legislation necessary before the e right to piecowork can be taken

away . 39

Discussion on . we wes 39, 41

Log— Court suggests mutual compilation and adoption of see wee 11

Posrrion of lay members of the Court discussed . ee wee was wee 39

PREFERENCE To Unionists—Court following Previous decisions refuses to award wee ... 66, 68, 74

PRESIDENT of one Union not 5 prosluded from being « @ member or officer of another Union ... wee . . . . 60

PRocEDURE in case of publication of article calculated to o prejudicialy affect matter before the Court ses 7

In case of alleged contempt—ez parte application for directions ses eee 63

Proposats (CountER)— (See “ Counter Application”). Should be grounded on application lodged 1 in similar manner to original

application oe 110

Pus.icaTIon of Article caloulated to prejudicially affect matter before the Court —Procedure in case of—Not a contempt of Court 7

RatTE OF Waae—-Court does not consider itself bound to grant Kalgoorlie miners’ rates of wages plus extra cost of living in all mining disputes 46, 50

238


RECOMMENDATION OF Boarp—Apprentices provided for in

Confirmation of by a majority of Court—Respondents not boing called upon to answer claims .

Names of parties to the dispute should be disclosed i in

Record—R dation constitutes part of

Varying of by Court—Court will not vary unless strong case e made out ..

REFERENCE to Court after Recommendation made by Board—(See “ Board of Conciliation ”’).

RerusaL To ReaisteR-—Appeal against abandoned and struck out

ReaistratTion: Locatiry—Industrial Union exists in locality for which it is registered .

Question of “ distinct locality ” depends on means of communication § as well as distance from larger centres .. - . . see

REINSTATEMENT of dispute in list after withdrawal would incline Court to view that the dispute was a frivolous one ... vee ves

By consent

RESIDENCE in locality for which Union registered not a necessary qualification for all members of a Union - - .

RETIREMENT FROM AN INDUSTRIAL Aopexwt—Lodged during ‘Period covered by this volume vee Lee bee

RESPONDENTS NOT CALLED UPON TO ANSWER CLaIMs—Applicants havin; failed to satisfy Court that Board’s recommendation should be alterec

SERVICE of Copy Award not a necessary precedent to application for enforcement against party to Award .. - -

But quere as to person not a party to the Award

SLAUGHTERMAN (See Award in 1 Slaughtering Industry). Definition of term

SLAUGHTERMAN’S AssI8sTANT—Definition of term ..

STRIKE, DEFINITION or—Absolute resignation of employment by worker does not constitute wee . . i .

Suaaestions for Settlement made by the Court where no jurisdiction t to make Award Le vee see . vee vee .

Sureicat Aip—The question of inferior surgical attendance not considered as a ground for increasing minimum wage. .

‘TemMpoRARY idleness through lack of work c during shift not considered by Court as ground for reducing wage . oes “

‘TRADESMEN—Classified in general Award, previous precedents to the contrary notwithstanding

Union (See “Industrial Union ”).

Wagar (See “ Minimum Wage”).

Wiruprawat of application for Injunction

WITHDRAWAL oF INpuUsTRIAL DispuTE, CANCELLATION or—Withdrawal having been cancelled by consent “ispute reinstated by Court... .

After dispute part heard . wee ves wee see

Before hearing, Notice having been given

Opposition to withdrawal, and grounds thereof

Reinstatement of Dispute in list after withdrawal would cause , Court to regard dispute as frivolous ses .

WitTNness—Agent entitled to expenses if subponaed as...

Assessor should not be called as a witness

Contradictory evidence— Witness cannot be called for the: purpose ‘of contradicting statements previously made by a witness on the same side

Disclosure of details of business— Witness not compelled to make

Page.

29

131

236


Witness ordered out of Court until called upon ..

Penalty for non-attendance—Witness not liable to unless e expenses have been tendered ... . ves . vee . . .

Workers—Alleged dismissal of on account of connection with Industrial Dispute... :

Incompetent —(See Tncompetent ‘Workers’ Clauses i in various s Awards)

Pending decision on application for permit may work for amount for which permit sought

May belong to several Unions

Payment of—If employed on two different classes of. work on same day entitled to be paid the minimum wage fixed for the higher class of work . .

Workers— Association of, registered during period covered by this ‘volume

Unions of (Industrial) registered

225

IAR-2.pdf - Western Australian Industrial Relations Commission

Documents

Transcript of IAR-2.pdf - Western Australian Industrial Relations Commission