conditions of employment or nonemployment; and in particular, but without limiting the general scope of this definition, the term includes all matters pertaining to the relations of employers and employees, and the employment, preferential employment, dismissal or nonemployment of any particular persons, or of persons of any particular sex or age, or being or not being members of any organization, association, or body; and any claim arising under an industrial agreement; and all questions of what is fair and right in relation to any industrial matter having regard to the interest of persons immediately concerned, and of society as a whole. The object of the court is to prevent and settle industrial disputes; and, when disputes have occurred, to reconcile the parties. The court may fix and enforce penalties for breaches of awards, restrain contraventions of the acts, and exercise all the usual powers of a court of law. The court is to bring about an amicable agreement, if possible to conciliate and not to arbitrate, and such agreement may be made an award. In order to prevent a matter coming into dispute the president of the arbitration court may convene a compulsory conference under his own presidency. Attendance of persons summoned to attend is compulsory. Provision is made in the recent act whereby, if there is no settlement arrived at in the conference, the president may refer the matter to the court and then arbitrate on it. There are four ways in which a matter may be brought before the court: (a) By the registrar certifying that it is a dispute proper to be dealt with by the court in the public interest. (b) By the parties, or one of them, submitting the dispute to the court by plaint in the prescribed manner. (c) By a State industrial authority, or the governor in council of a State in which there is no such authority, requesting the court to adjudicate. (d) By the president referring to the court a dispute as to which he has held a conference without an agreement being reached. All parties represented are bound by the award, and also all parties within the scope of a common rule. The court possesses full powers for enforcement of awards. Victoria: COMPARATIVE ANALYSIS OF MINIMUM-WAGE LAWS. LAWS IN FORCE. Factories and shops act, 1912, enacted December 7, 1912. Factories and shops act, 1912 (No. 2), enacted December 31, 1912. Factories and shops acts amendment act, 1914, enacted November 2, 1914. New South Wales: Industrial arbitration act, 1912, enacted April 15, 1912. Minimum wage act, 1908, enacted December 24, 1908 (fixing legislative minimum wage). Queensland: Industrial peace act, 1912, enacted December 7, 1912. Factories and shops act, 1900, enacted December 28, 1900 (fixing legislative minimum wage). Factories and shops act amendment act, 1908, enacted April 15, 1908 (fixing legislative minimum wage). South Australia: Factories act, 1907, enacted December 21, 1907. Factories act amendment act, 1908, enacted December 23, 1908. Factories act amendment act, 1910, enacted December 7, 1910. Industrial arbitration act, 1912, enacted December 19, 1912. Tasmania: Wages boards act, 1910, enacted January 13, 1911. Wages boards act, 1911, enacted September 14, 1911. Factories act, 1911, enacted January 10, 1912 (fixing legislative minimum wage). Western Australia: Industrial arbitration act, 1912, enacted December 21, 1912. Australia (Commonwealth): Commonwealth conciliation and arbitration act, 1904, enacted December 15, 1904. Commonwealth conciliation and arbitration act, 1909, enacted December 13, 1909. Commonwealth conciliation and arbitration act, 1910, enacted August 29, 1910. Commonwealth conciliation and arbitration act, 1911, enacted November 23, 1911. New Zealand: Industrial conciliation and arbitration act, 1908, enacted August 4, 1908. Industrial conciliation and arbitration amendment act, 1908, enacted October 10, 1908. Industrial conciliation and arbitration amendment act, 1910, enacted December 3, 1910. Industrial conciliation and arbitration amendment act, 1911, enacted October 28, 1911. Industrial conciliation and arbitration amendment act, 1913, enacted Ootober 3, 1913. Factories act, 1908, enacted August 4, 1908. Factories act, 1910, enacted December 3, 1910. Shops and offices act, 1908, enacted August 4, 1908. Shops and offices amendment act, 1910, enacted December 3, 1910. NAME OF TRIBUNALS. Victoria: Court of industrial appeals. Special boards. New South Wales: Court of industrial arbitration. Industrial boards. Queensland: Industrial court. Industrial boards. South Australia: Industrial court. Wages boards. Tasmania: Unlimited. Western Australia: Arbitration court. Commonwealth of Australia: Court of conciliation and arbitration. Victoria: HOW TRIBUNALS ARE BROUGHT INTO EXISTENCE. Court constituted by governor in council from time to time. Special boards by governor in council on resolution of Parliament. New South Wales: Industrial court (judge) constituted by act. Industrial boards by the minister on recommendation of industrial court. Queensland: Industrial court constituted by the act. Industrial boards by governor in council on recommendation of court. South Australia: Court constituted by act of 1912. Wages boards by the governor in council on resolution of Parliament. Tasmania: For the clothing trade, by the act; for other trades, by a resolution of Parliament. Western Australia: Court constituted by the act. Commonwealth of Australia: Court constituted by the act. New Zealand: Court constituted by the act. INDUSTRIES TO WHICH THE ACTS APPLY. Victoria: To any process, trade, business, or occupation specified in a resolution. Government servants are not included. New South Wales: To industrial groups named in schedule to act, and those added by proclamation. Includes Government servants. Queensland: To callings specified in schedule to act, and to those added by governor in council. South Australia: To processes, trades, etc., specified in act, and such others as may be authorized by Parliament. Tasmania: All trades or groups or parts thereof. Western Australia: All industrial occupations. Commonwealth of Australia: Industrial disputes extending beyond limits of any one State or in Federal capital or northern Territories. New Zealand: All trades. HOW A TRADE OR INDUSTRY IS BROUGHT UNDER REVIEW. Victoria: Usually by petition to minister. New South Wales: Reference by court or minister, or by application to the board by employers or employees. Queensland: By petitions and representations to industrial registrar. South Australia: Court-Matters or disputes submitted by minister, registrar, employers, or employees, or by report of wages board. Wages boards by petitions, etc. Tasmania: By application of parties. Western Australia: Industrial disputes referred by president or by an industrial union or association. Commonwealth of Australia: Industrial disputes either certified by registrar, submitted by organization, referred by a State industrial authority or by president after holding abortive compulsory conference. New Zealand: By application of union or individual employer. PRESIDENT OR CHAIRMAN OF TRIBUNALS. Victoria: President of court, one of judges of supreme court appointed by governor in council. Chairman of board appointed by governor in council on nomination of board or, failing that, on nomination by minister. New South Wales: Court appointed by governor. Chairman of board appointed by minister on recommendation of court. Queensland: Court appointed by governor in council. Chairman of board any person elected by board. If none elected, appointment is by the governor in council on recommendation of court. South Australia: Court-President. Wages board, appointed by governor in council on nomination of board or, failing nomination, a stipendiary magistrate. Tasmania: Any person elected by the board. If none elected, appointment by the governor in council. Western Australia: President, a judge of the supreme court, appointed by governor. Victoria: NUMBER OF MEMBERS OF TRIBUNALS. Court, president and one representative each of employers and of employees. Board, not less than 4 nor more than 10 members and a chairman. New South Wales: Court, one judge. Board, chairman and 2 or 4 other members. Queensland: Court, one judge. Board, not less than 5 nor more than 13 (including chairman). South Australia: Court, president only. Wages board, not less than 5 nor more than 11 (including chairman). Tasmania: Chairman and not less than 4 nor more than 10. Western Australia: Three, including president. Commonwealth of Australia: President only. New Zealand: Three. Victoria: HOW ORDINARY MEMBERS ARE APPOINTED. Members of court by governor in council on nomination of representatives of employers and employees on special board. Members of board nominated by minister. But if one-fifth of employers or employees object, representatives are elected by them. New South Wales: Appointed by minister on recommendation of industrial court. Queensland: By employers and employees, respectively. South Australia: By governor on nomination of employers and employees, respectively. Tasmania: By governor in council on nomination by employers and employees. Western Australia: Appointed by governor, president directly, and one each on recommendation of unions of employers and workers, respectively. Commonwealth of Australia: President appointed by governor general from justices of high court. New Zealand: By the unions of employers and workers, respectively. DECISIONS HOW ENFORCED. Victoria: By factories department in courts of petty sessions. New South Wales: By registrar and industrial magistrate. Queensland: By inspectors of factories and shops, department of labor. South Australia: By factories department. Tasmania: By factories department. Western Australia: By arbitration court on complaint of any party to the award or registrar or an industrial inspector. Commonwealth of Australia: By proceedings instituted by registrar, or by any organization affected or a member thereof. New Zealand: By arbitration court on complaint of union or inspector of awards. DURATION OF DECISION. Victoria: Until altered by board or court of industrial appeals. New South Wales: For period fixed by tribunal, but not more than three years. South Australia: Until altered by board or by order of industrial court. Tasmania: Until altered by board. Western Australia: For period fixed by court, not exceeding 3 years, or for 1 year and thenceforward from year to year until 30 days' notice given. Commonwealth of Australia: For period fixed by award, not exceeding five years. New Zealand: For period fixed by court, not exceeding three years. APPEAL AGAINST DECISION. Victoria: To the court of industrial appeals. New South Wales: To industrial court against decision of boards, except those boards presided over by a judge. Queensland: To industrial court. South Australia: To industrial court. Tasmania: To supreme court. Western Australia: No appeal except against imprisonment or a fine exceeding £20 ($97.33). Commonwealth of Australia: No appeal. Case may be stated by president for opinion of high court. New Zealand: No appeal. IS SUSPENSION OF DECISION POSSIBLE PENDING APPEAL? Victoria: Yes; for not more than 12 months. New South Wales: No; except by temporary variation of award by the court. South Australia: Yes. Tasmania: Yes. Western Australia: No suspension. Court has power to revise an award after the Commonwealth of Australia: Yes; ordinarily optional, but mandatory if in opinion of court preference is necessary for maintenance of industrial peace or welfare of society. New Zealand: Unionism essential. Victoria: None. New South Wales: PROVISION AGAINST STRIKES AND LOCKOUTS. Strikes, penalty £50 ($243.33) and preference to unionists canceled. 82843°-Bull. 167-15—8 |