NEW SOUTH WALES. The legislation in New South Wales aiming at the regulation of industrial disputes dates from 1892, when an act was passed providing for the appointment of district and special councils of conciliation and of a single council of arbitration. Reference to the tribunals for which provision was made and the acceptance of recommendations and awards were optional. The act contained no reference to strikes and lockouts, and very few cases were decided under it. In 1899 an act "to make provision for the prevention and settlement of trade disputes" was passed, the most distinctive power conferred "failing amicable settlement" being that of "public enquiry.” Such inquiry was to be conducted by a judge of the supreme or district courts or the president of the land court. Provision was made for the compulsory attendance of witnesses and the right of entry for the purpose of investigation, but no steps that were to follow on the inquiry itself were indicated. The next legislative step was the industrial arbitration act of 1901. This act owed its inception partly to a labor demand that had made itself felt for some years and partly to what was regarded as the great success of the corresponding measure of New Zealand. The act of 1901 lapsed automatically on June 30, 1908, when its place was taken by the industrial disputes act of that year. The present law bears date of 1912, and is similar to that of the Commonwealth and of Queensland in that there are both an industrial court (which is a superior court and a court of record), and industrial boards for groups of industries or callings, awards by the latter being subject to amendment, variation, or rescission by the court. TASMANIA. In Tasmania, the last Australian State to adopt legislation regulating wages and cognate matters, the act in force is the wages boards act of 1910, and with reference to strikes, lockouts, and proceedings, provisions identical with those contained in the South Australian act have been adopted. (Secs. 54, 55, and 60.) Procedure is regulated in the following section: All informations for offenses against the provisions of this act or the regulations and all penalties or fines imposed under the provisions of this act or the regulations may be summarily heard, determined, and recovered by and before a police magistrate or any two or more justices in the mode prescribed by the magistrates summary procedure act." (Sec. 62.) Provisions for appeal are contained in section 63. The statute of Tasmania hardly falls with strict propriety under the head of an arbitration law, its title being "An act to make provisions for wages boards." There is no central or supervisory authority, but determinations may be suspended by order of the governor, who also appoints the boards, the board then to review its action, and either amend or affirm the same. Appeals lie to the supreme court. No provision is made for conciliation, but the law is somewhat connected with the subject under consideration by reason of the fact that it forbids strikes and lockouts on account of matters passed upon by a wage board. XI. COMPARATIVE ANALYSIS OF AUSTRALASIAN TRIBUNALS FOR THE REGULATION OF WAGES. A comparative analysis of the different tribunals and the leading features of the laws which have been established to regulate wages and working conditions of wage earners in Australasia is set forth in the pages immediately following. The statement is arranged according to countries.1 1 Official Year Book of the Commonwealth of Australia. workers, respectively. court on com plaint of any By governor in public health. By inspectors of fac- By factories depart- By arbitration By department of tories and shops, department of labor. 12 months, and thereafter until altered by board or court. ment. Until altered by board or by order of industrial court. party to the award, or registrar or an industrial inspector. For period fixed by court, not excedeing 3 years, or for 1 year and thenceforward from year to year un- No appeal except onment or a fine exceeding £20. Until altered by board. To supreme court. No appeal; case may No suspension; Yes. er to revise an be stated by president for opinion of high court. No appeal. Can preference to unionists be declared. Yes. |