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(b) If the council fails to secure a settlement, it notifies the clerk of awards, either with or without a recommendation of terms of settlement; if without a recommendation, or if either party disagrees to the recommendation, the clerk refers the dispute to the court.

(c) Disputes involving workers on the Government railways or affecting more than one industrial district may be brought before the court in the first instance by application of a union of railway employees in the one case and of any party to the dispute in the other.

Engaging in a strike or lockout by a person at the time bound by an award or industrial agreement subjects the offender to a penalty not exceeding £10 ($48.67), if a worker, and not exceeding £500 ($2,433.25) if an employer. Inciting, aiding, or abetting a strike or lockout under such circumstances subjects the offender, if a worker, to a penalty not exceeding £10 ($48.67), and if a union, an employer, or any person not a worker, to a penalty not exceeding £200 ($973.30).

Any worker in certain specified (public utility) industries engaging in a strike without having given at least 14 days' notice is subject to a penalty not exceeding £25 ($121.66). Inciting, etc., subject to the same penalties.

Pending final disposition of any dispute by a council or the court, anything in the nature of a strike or lockout is forbidden under a penalty not exceeding £50 ($243.33). Dismissing or suspending a worker, or the discontinuance of work by a worker at such a time, subjects to a fine not exceeding £25 ($121.66).

PROCEDURE.

(a) A commissioner, after an application for the hearing of a dispute, may, if he thinks fit, take steps by way of conference or otherwise to procure a voluntary settlement. .

(b) Councils of conciliation make inquiries and suggestions and take such other steps as they may think fit to determine the merits of the case and secure a fair and amicable settlement. If no settlement is reached, steps may be taken to secure a temporary provisional arrangement pending arbitration proceedings. The council may at any time state a case for the advice or opinion of the court of arbitration. Before transmitting a notification of inability to secure a settlement, the council may, if it thinks fit and has reached a unanimous agreement thereto, forward to the clerk of awards a recommendation of terms of settlement, which shall be published by the clerk in such manner as may be prescribed. Partial agreements, if any, shall also be furnished the clerk.

(c) The court of arbitration, on notice through the clerk of awards of the failure of a council to secure a settlement, holds hearings and makes determinations as to disputes. The court may refer any matter before it to a board for investigation and report, and may, if it thinks fit, base its award on such report. The judge may state a case on any matter before the court for an opinion of the court of appeals on any question of law.

APPLICATIONS FOR THE HEARING OF DISPUTES.

(a) Must state the name of the applicant and of all parties desired to be made responsible.

(b) Must give a general statement of the nature of the dispute and a detailed statement of the claims made against the respondents.

(c) Must state the number and give the names of the assessors (not more than three) to be the representatives of the applicants on the council of conciliation.

Two or more industrial unions or associations, or two or more employers, may unite in making an application.

Persons named as assessors must be or have been bona fide employers or workers in the industry or one of the industries affected by the dispute, or a member of an organization which is a party.

DUTIES AND POWERS OF COUNCILS OF CONCILIATION.

(a) To endeavor to bring about settlements by expeditious inquiry into the dispute and all matters affecting its merits and right adjustment and to do all things deemed by it right and proper to secure such ends.

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(b) To summon witnesses, administer oaths, and require the production of books and papers, but not so as to require evidence as to trade secrets, profits and losses, or produce books kept in connection with the business of the witness. (c) To enter and inspect, in person or by appointee, any factory, workshop, mine, vessel, or place or premises of any kind where work is being done or has been done, or any matter is taking or has taken place that is the subject of a reference to the council, and to interrogate any person in or about the same, or inspect any material or thing involved in the dispute.

(d) To direct that parties be joined or struck out, errors be waived or amended, and to give such directions as are deemed expedient in the premises. (e) To take into custody any person guilty of contempt of the council.

(f) To endeavor, where no settlement is reached, to secure a temporary working basis, pending arbitration.

Where a recommendation of terms of settlement is made before notification of failure to secure a settlement, the council may include a statement of opinion as to whether the failure was due to the unreasonableness or unfairness of any of the parties. Notification of the failure to reach a settlement must be delivered to the clerk of award for the district not later than two months after the date of the hearing by the council.

Employers may appear in person or by appointed agents; unions or associations may appear by their chairmen or secretaries or by not more than three persons properly appointed thereto; but no barrister or solicitor may appear for any party under power of attorney or othewise.

Hearings may be public or private, and procedure is entirely within the discretion of the council. It is not bound by the legal rules of evidence, and may hear only such addresses or evidence as it deems necessary or desirable.

If any party is absent or without a representative without good cause shown, hearings may proceed the same as if he or it were present or represented.

DUTIES AND POWERS OF THE COURT OF ARBITRATION.

(a) To ascertain whether all persons who ought to be bound by its award have been cited to attend.

(b) To summon witnesses, administer oaths, require the production of books, papers, etc., and to admit such evidence as in equity and good conscience it thinks fit, whether it is legal evidence or not; any party to a proceeding may be summoned as a witness.

(c) To refer any matters to a board of investigation, and it may base its award on the report of such board.

(d) To appoint experts in its discretion, and on the recommendation of the parties, to sit with the court for the determination of technical questions only.

(e) To join or strike out parties, amend or waive errors or defects, dismiss trivial or frivolous cases, award costs (but not so as to include costs of barristers, solicitors, or agents), make rules for the regulation of practice or procedure, hold for contempt, and generally give such directions as it may deem necessary or expedient.

(f) To enter and inspect premises, etc. (Same as for councils of conciliation.) (g) To make awards, fix their terms (not more than three years), specify the parties, districts, and industries affected by them, determine what shall constitute a breach, and may amend or extend the same where circumstances are shown to warrant such action; the court may also refuse to make an award if for any reason it considers that an award ought not to be made.

Any party may appear before the court in person or by agent, or, with the consent of all the parties, by barrister or solicitor.

Proceedings shall, as a rule, be in public, but may on occasion be in private, as the court may determine.

If any party is absent or without representation without good cause shown, the court may proceed the same as if he or it were present or represented.

DUTIES AND POWERS OF BOARDS OF INVESTIGATION.

To investigate and report on any matter referred to them by the court of arbitration.

DUTIES AND POWERS OF THE REGISTRAR OF INDUSTRIAL UNIONS.

To keep a register of such societies (of not less than 3 members in the case of employers, and not less than 15 members in the case of workers) as may

comply with the regulations governing the formation of industrial unions or associations, so as to become eligible as parties under this act. Registration constitutes the society a body corporate, but only for the purposes of this act. The registrar may at any time state a case for the advice and opinion of the court as to any matter connected with the performance of his duties.

DUTIES AND POWERS OF DISTRICT CLERKS OF AWARDS.

(a) To receive notifications of unsettled disputes from councils of conciliation, receive and publish recommendations for settlement, receive and keep open for inspection awards of arbitration made by the court, and perform such other duties as the governor may prescribe.

(b) To give the parties to a dispute notice of any recommendation filed by a council of conciliation, and require them, if they disagree thereto, to give notice of such disagreement within one month, with reasons if they desire to give reasons; if such notice is not given, the recommendations shall, on seven days' notice, become enforceable as an agreement.

(c) If disagreement is signified, to refer the dispute to the court for settlement.

(d) To act as registrar if there be none or if he is absent.

DUTIES AND POWERS OF INSPECTORS OF AWARDS.

Inspectors under the factories and mines acts are charged with the duty of seeing that the provisions of any industrial agreement, award, or order of the court affecting subjects under their supervision are duly observed.

AWARDS.

(a) Shall be framed to best express the decision of the court, without technicality where possible, and shall specify the term and scope of the award, stating clearly what each party affected is to do or not to do.

(b) Shall be in force until a new award is made, unless by reason of the cancellation of the registration of an industrial union of workers.

(c) May be amended or extended to include other unions or localities for cause shown during the term of their existence.

(d) Certified copies shall be evidence in all legal and other proceedings involving their construction or application without proof of conditions precedent.

ᎪᎨᏢᎬᎪᏞᏚ.

No provision for appeals appears other than in the provision authorizing the judge of the court of arbitration to submit questions of law to the court of appeals.

ENFORCEMENT.

Breaches of awards committed by industrial unions or by an employer subject the offender to a penalty not exceeding £100 ($486.65) for each offense; if by a worker, to a penalty not exceeding £5 ($24.33). Subject to exemption laws, wages may be attached to collect penalties.

Members of unions are personally liable in case a judgment against the union is unsatisfied, but not in larger amounts per capita than £5 ($24.33).

Laws of Other Australasian Countries.

WESTERN AUSTRALIA.

The laws of other Australasian countries are similar to those of the Commonwealth of Australia and New Zealand.

In Western Australia the court of arbitration consists of a judge of the supreme court and two members nominated as representative of employers and workers, respectively, all appointments being made by

the governor. No provision is made for local or inferior tribunals, but matters come directly before this court, either in the first instance or after a conference called by the president of the court has failed to secure an amicable agreement between the parties.

Under an act passed in 1902 relating to the settlement of industrial disputes by conciliation and arbitration, any association or society of Government railway workers is authorized to register under the act as an industrial union of workers.

Provision is made in this act for the appointment of district and special conciliation boards, but the main tribunal is the court of arbitration. Other than the president, the members hold office for three years. The decisions liable to enforcement under the act, as it has in practice worked, are either (1) the awards of the courts or (2) industrial agreements filed and registered under the act. Awards and agreements are for the terms specified, but not exceeding three years. The act declares in substance that any person who instigates or takes part in doing any matter in the nature of a strike or lockout, or suspends or discontinues employment or work in any industry before a reasonable time has elapsed for a reference of the dispute to the board or court or during the pendency of its proceedings shall, upon conviction, be liable to a penalty not exceeding £50.

VICTORIA.

The laws of the State of Victoria, with one slight exception introduced in the factories and shops amending act of 1907, although comprising a long series of acts dealing, among other things, with the system of wage regulation through the "special" or wages boards, first adopted in 1896, deal only indirectly with the question of strikes and lockouts. The primary object of these acts in as far as they refer to the wages boards is not to prevent active dispute, but to insure for the various trades concerned the observance of such conditions as regards wages, hours, and other related matters as may be laid down. In the case of any organized trade for which a wages board has been established the task of the board, especially when determinations—as in some cases frequently happens are revised, may correspond closely to that of "compulsory conciliation," but even in trades subject to this form of regulation strikes or lockouts are not illegal under the act.

RAILWAY EMPLOYEES STRIKE ACT OF 1903.

This act was passed as a remedial rather than as a preventive measure. It provided no administrative machinery intended to be permanent for the regulation of specified industrial matters. It was, on the other hand, a temporary measure giving power to impose certain penalties for acts already committed, and in these respects combined it probably has no counterpart in the industrial legislation of Australia.

QUEENSLAND.

Queensland passed a brief act in 1892 to make provision for the establishment of courts of conciliation. No restrictions on the freedom of resort to strike or lockout are imposed in this act.

Like South Australia and Tasmania, Queensland has recently adopted, through the wages boards act of 1908, the Victorian system of wages boards. As in South Australia, industrial agreements may be ratified in trades or businesses where no boards exist, and when thus ratified have the same force as wages board determinations. The law of Queensland is administered by an industrial court, consisting of a judge appointed by the governor in council. Local industrial boards are created on the application of prescribed numbers of employers or employees, but only on the recommendation of the court. The court has jurisdiction over certain classes of disputes directly, and over others by way of appeal from the awards of the industrial boards. It may also take over any case where it appears that a board is causing unnecessary or willful delay.

The clauses dealing with strikes and lockouts adopted in the corresponding South Australian and Tasmanian acts are omitted from the Queensland act.

SOUTH AUSTRALIA.

Apart from the clauses prohibiting strikes or lockouts in respect to those trades for which wages boards have been formed and in connection with the determinations of such boards, or the terms of industrial agreements to which the force of determinations has been given, South Australia had until 1912 no law restrictive of the right of resort to either of these weapons of industrial conflict. True, the conciliation act of 1894 was the first act passed in Australia in which the compulsory reference of industrial disputes to a legal tribunal was recognized, but though the principles embodied in this measure have assumed considerable importance as a fresh departure in industrial legislation, the act itself proved abortive.

Beginning with 1900 South Australia adopted the Victorian plan of wages boards (p. 210) in its factories acts. These contain provisions for the enforcement of the decisions of wages boards, prohibiting lockouts and strikes on account of any matter in respect of which a board has made a determination, under penalties of fine or imprisonment.

The industrial arbitration act of 1912 applies to all industries except agriculture, establishing an industrial court as its chief administrative agency; the president is a judge of the supreme court, or a person eligible therefor, and is appointed by the governor. Two assessors appointed by the president on the nomination of the parties, or in the absence of nominations, by his own action, may sit with him in the adjudication of disputes. Industrial agreements voluntarily made and agreements arrived at after hearings are binding the same as awards, and like them are in effect for terms not exceeding three years. The court acts either on the application of a party or on its own motion, though awards may be varied or reopened only an application.

Strikes and lockouts are prohibited under identical penalties affecting organizations and individuals alike, the penalty being £500 ($2,433.25), or imprisonment for not over three months; inducing subjects to a penalty of £20 ($97.33) or imprisonment as above.

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