CLERICAL WORKERS’ CASE

Dominion, Volume 30, Issue 265, 5 August 1937, Page 13

CLERICAL WORKERS’ CASE

Amending Legislation to be Introduced MEANING OF “INDUSTRY” The intention of the Government to introduce legislation to adjust the situation that has arisen as a result of the decision of the Appeal Court in the clerical workers’ case was announced yesterday by’ the Acting-Minister of Labour, Hon. P. C. Webb. The legislation will be along the same lines as that introduced in Australia to meet a similar situation that arose there. Mr. Webb said that the attention of the Government had been drawn t > the recent decision of the Court of Appeal in regard to the meaning of the word “industry” as defined by the Industrial Conciliation and Arbitration Act, 1925. “Under the court’s decision this is held to mean the industry in which both the employer and his workers are engaged,” he continued. “For over thirty years the Court of Arbitration has adopted the view that ‘industry’ may refer either to the business to which the employer and his workers are engaged, or to the occupation of workers irrespective of the nature of their employers’ business. “It will be seen that the decision of the Court of Appeal will have very farreaching effects, and the Government has, therefore, had to consider what legislative action (if any) it proposes to take to meet the position. A similar question arose in the Commonwealth of Australia in 1911, the same interpretation being placed on the word ‘industry’ in the Commonwealth Conciliation and Arbitration Act as has been done by the Court of Appeal here. As a result, the Commonwealth Legislature passed an amendment to the Act to make it clear that the term ‘industry’ could refer also to the occupations of workers irrespective of the class of business carried on by the employers, and this legislation was made applicable to all organisations affected by the decision as if the amended definition of ‘industry’ had been in force at the date of registration of such organisations.

“Apart altogether from the question which is the more desirable form of organisation,” added Mr. Webb, “it is clear that a considerable amount of confusion will result from the decision of the Court of Appeal, not only so far as clerical unions are concerned, but also among long-established unions in other callings, and the Government feels that the proper course to adopt is to introduce legislation along the same lines as was done in the Commonwealth, of Australia.”