DRASTIC CHANGES.

Auckland Star, Volume LXII, Issue 72, 26 March 1931, Page 23

DRASTIC CHANGES.

N.S.W. INDUSTRIAL LAWS.

LABOUR PARTY LEGISLATION,

UNION MEMBERSHIP COMPULSORY.

Revolutionary changes in the State industrial laws are provided for in the Industrial, Conciliation and Arbitration Bill, which was explained by the Minister for Labour and Industry, Mr. Baddeley, in the New South Wales Legislative Assembly on March 10. The bill-provides for the'abolition of the existing Industrial Commission and the appointment of Mr. Justice Piddington as sole Commissioner, preference to financial unionists, abolition of loyalist unions, determination of the basic wage on the basis of a man and wife, restoration of rights to Government employees similar to those existing outside the service, prohibition of piecework or bonus system, and the right of domestic servants, if organised in a union, to obtain an award covering wages and conditions. The Minister, in moving the second reading, said the Government was doing everything possible to relieve unemployment. Under the bill employers and employees would have a better opportunity of working together on an everwidening field for the improvement of their enterprise. Undoubtedly the measure broke new ground. It was proposed as industry developed to afford those who worked an opportunity of saying just how industry should be run. In no way would this bring discredit on the community. The measure would help the captains of industry, who had admitted, to some extent, that they had fallen down on their jobs. "I honestly believe," Mr. Baddeley said, "that the passage of this bill wiil prove a source of harmony and stability in industry." Opposition Voice: You're an optimist. The Industrial Commission, Mr. Baddeley said, would be dissolved and reconstituted with an Industrial Commissioner. Mr. Justice Piddington's appointment would terminate on April 21. The bill provided that if he accepted office under the new Act he would receive £2600 a year from the date of his new appointment, which would be for seven years. It provided also that the Governor could appoint him a judge of the Supreme Court for that period.

The bill provided for the appointmentof a chief industrial magistrate. That was new ground. They contended that the chief industrial magistrate should have his own work and his own court. He should not be subject to interference by any other Department. All conciliation committees at present established would continue. The members of the committees would continue in office, providing they were nominated by unions whose registration was continued under the bill.

Highly-Paid Employees. The jurisdiction of the conciliation committees and the Commission had been widened. For in6tance, under the principal Act the committee could not make an award for employees receiving more than £15 a week or £750 a year. Under the new bill conciliation committees would have unrestricted jurisdiction in respect of all classes of employe®, irrespective of their wages or remuneration, and including persons occupying managerial positions. The Government contended that if a manager felt he had not been treated rightly he should be able to go before a tribunal. Under the bill the tribunals would be empowered to make awards for the public service in the same way as for all other employees. In other words, there would be no limitation as to the industrial matters which could be dealt with by the conciliation committees.

Under the bill the union which was a party to a particular award would be the authority to determine whether and on what conditions slow workers' permits would be granted. Any persons aggrieved by the union's decision had the right of appeal to the conciliation committee.

Investigating Industries. "No industry should be allowed to say: 'Wo cannot pay so and so.'" Mr. Baddeley went on to say: "The powers set out in section 82 of the present Act are practically the same as in this bill, with an additional power that the Commission may conduct an investigation into the financial position, the business transactions and working conditions of any employer or group i of employers. The time has come when the employer's books should be examined and his dividends and commercial activities taken into account. The bill gives the right to the chairman of the committee. I honestly believe that the ultimate result will be a much better understanding than to-day exists between employer and employee." The measure provided for an extension of the present definition of "employee" to cover certain persons, such as outworkers, insurance agents, can-

vassers or collectors, and commercial travellers. This would enable conciliation committee to prescribe by award the conditions of employment of these employees. It had also been extended to cover a lessee of a vehicle used for the conveyance of passengers. For instance, this would get over a difficulty that had existed with regard to, say, taxi cab drivers. An award was made prescribing the condition of employment of taxi cab drivers, and, in order to get around the award, the cabs might be hired to the drivers, and thus these men were denied the conditions which the industrial tribunals had awarded for persons doing this class of work.

Equal Pay for Sexes. The industrial tribunals, said the Minister, were also given power to deteimine whether employees should be granted an annual leave or holidays upon full pay, and whether and on what conditions employees may board and lodge with their employers. They were also empowered to consider any claim that equal pay should be granted for the sexes, including the question whether persons of either sex should be disqualified for employment in any industry. The industrial tribunals would, by the wider definition, have the power to consider such questions the times to be regarded, as overtime, and including claims to restrict work before or after certain hours and on certain days, whether such work was done by an employer, employee, or other person. By this amendment the conciliation committees would be able to consider and determine the vexed question with regard to tho delivery of milk. Hie amendment would also meet the request made by the Master Carriers' Association in 1928 to prohibit the carting and delivery of goods outside certain liouis. The definition of "industrial had also been widened to allow the conciliation committees to consider and prescribe by awards for the engagement of labour at or through the office of an industrial union of employees. The- living wage would be determined on the basis of a man and wife. The Commission would fix the amount of the living wage for adult female employees at sucn percentage of the adult male wage as it deemed proper. With regard to rural workers, the Minister explained that the 44-hour week legislation would not apply to them.

Preference to Unionists. Section 28, ensuring the Government employees similar conditions as existed outside the service, would be restored. The bill also provided for the granting of absolute preference to unionists and

for compulsory unionism. Power was given to notify an employer to discontinue to employ an unfinancial member of a union. If an employee refused to become a member of the industrial union covering his trade, within three days, the employer would be liable to a penalty of £5 for every day that particular employee remained in his service. Non-unionists secured all trio advantages obtained by unions without in any way contributing to the cost, which was most unfair. Authority could be given to any officer of an industrial union to inspect the premises where any industry was being carried on, with the right of entry at any time to converse with employees. Piecework, contract, and bonus work were prohibited. The former was a constant source of friction, and bonus or gratuity payments were most objectionable. The constant endeavour to increase output resulted in the slumming of work, with consequent danger to life.

Domestic Servants. The Minister explained the provision of the bill enabling domestic servants to obtain an award covering their conditions of employment. This provision might never be availed of, but, provided that domestics could organise themselves, the Government thought they should have the same right to approach the industrial tribunals as other employees. The Conciliation Committee was empowered to determine wages and hours. The living wage and the 44-hour week would~not apply in their case, nor would the provisions with regard to overtime. Why should this class of employee be excluded from the benefits of arbitration? If a small householder had only one employee there would be no difficulty in obtaining exemption from the award. Any amendment that would make the bill more workable would be given every consideration, but the Government intended to hold by the fundamental principles.

Opposition Comment. "Every clause in the bill," said Mr. Bavin, Leader of the Opposition, "is instinct with injustice, tyranny, and stupidity. If the vicious and utterly revolutionary provisions of this bill are to be accepted, no new industry will start, and every industry that possibly can will leave the State." Mr. Bavin also said that the bill opened the door to wholesale blackmail, and transferred the control of industry from employers to union secretaries. According to cabled reports, the bill has sinco been passed by the Assembly.