INDUSTRIAL LAW

Evening Post, Volume CXXI, Issue 138, 12 June 1936, Page 10

INDUSTRIAL LAW

THE ACTS EXPLAINED

MINISTER'S SUBVEY

POWERS OF THE COURT

In order to avoid any confusion that may arise as a result of the industrial legislation passed during the session of Parliament, the Minister of Labour (the Hon. H. T. Armstrong) has prepared a detailed explanation of each of the measures. During the passage of the Bills through the House a number of amendments were made, and it was difficult for those vitally interested to keep touch with the changes made. During the next few days "The Post" will publish explanations of the Acts.

The Minister's explanation of the Industrial Conciliation and Arbitration Amendment Act is as follows:—

This Act came into operation on June 3, 1936, except as regards the reduction in working hours which operates from September 1, 1936.

Section 2.—As the result of legal decisions it was found tha'; the definition "industrial matters" contained in the principal Act of 1925 did not permit of the inclusion in awards and agreements of a number of matters for which it had been the practice of the parties to make provision, such as the notification of starting and finishing hours, notification of the employment of non-unionists, and other similar matters. The object of the section is to permit of such matters being provided for in the awards and agreements. THE BASIC WAGE. Section 3.—This requires the Court within three months after the coming into operation of the Act to fix basic rates of wages for adult male and adult female workers in the industries covered by awards or industrial agreements, the basic rate for adult male workers to be such As would enable a man to maintain a wife and three children in a fair and reasonable standard of comfort. These rates may be reviewed by the Court at intervals of not less than six months. In fixing these rates the Court is to have regard to the general economic and financial conditions affecting trade and industry in New Zealand, and also to the cost of living. No adult male or female worker in any industry covered by an award or industrial agreement may receive less than the basic rate so fixed but provision is made for the issue in special cases oi a permit for a worker to receive less than the basic rate. Section 4. —This repeals section It of the principal Act and provides that where there is already in existence in any industry in an industrial district a union of employers or workers or there is a trade union registered as such before May 1, 1936, to which the employers or workers concerned could properly belong, no other industrial union shall be registered for such industry and industrial district except with the concurrence of the Minister. REGISTRATION OF UNIONS. Sections.—Under the previous law the registration of ail industrial union of employers or workers could not be effected with a scope covering more than one industrial district. (Note: There are eight industrial districts in New Zealand.) The object of this section is to permit of the registration of New Zealand unions of employers or workers but no such union shall be registered unless the applicant society has branches in at least four industrial districts. The procedure for the obtaining of such registration is laid down in sections 6 and 7. Section 6.—Where there is no existing union of employers or workers in any industry or industries in connection with which the application for the registration of a New Zealand union has been made registration of the New Zealand union will be effected when the formalities prescribed by section 5 of the principal Act have been complied with. Section 7.—This provides that where there are already in existence one or more unions of employers or workers in an industry or industries in connection with which an application for the registration of the New Zealand union has been made, the Registrar shall refuse to register the New Zealand union unless he is satisfied that the existing unions concur in the application or that a majority of all the employers or workers, as the case may be, in New Zealand, being members of such existing unions, are in favour of the registration of a New Zealand union.

Section B.—Under this section the effect of the registration of a New Zealand union will be that registration of all the existing unions concerned will be cancelled unless the Minister directs that any existing union shall not be cancelled where he is satisfied that a majority of the members of such union desire that the registration of such [union should not be cancelled. ExistI ing. awards or industrial agreements lwill- continue in operation notwithstanding the cancellation of existing unions consequent on the registration of the New Zealand union.

Section 9.—This section contains a restriction that while a New Zealand union of employers or workers is in existence in any industry or related industries, no other union shall be registered unless the Registrar is satisfied that no less than two-thirds of the employers or workers, as the case may be, in the industry or related industries and district or other locality are desirous of obtaining registration of a separate union.

Section 10.—This section is to enable unions of employers and workers to be registered for the North Island or for the South Island or for any two or mofe industrial districts. The provisions of sections 5, 6, 7, 3, and 9 relating to New Zealand unions are applied with the necessary modifications, but in the case of a North Island or South Island union there must, be branches in at least two industrial dis-

tricts. Section 11.—This section provides the necessary machinery for unions covering more than one industrial district to have their disputes dealt with by Councils of Conciliation ancl the Court of Arbitration. . . Section 12.—Conciliation Commissioners appointed for a period not exceeding twelve months in pursuance of the Industrial Conciliation and Arbitration Amendment Act, 1932, were paid such salary as might be prescribed by regulations under the Act. The object of this section is to provide that their salaries shall be appropriated by Parliament in the same manner as the salaries of Commissioners appointed under the principal Act.

CONCILIATION AGREEMENTS,

Sections 13 and 14.—These are merely machinery sections providing that where a settlement of an industrial dispute is arrived at by the parties in Conciliation Council the terms of the settlement shall be embodied in an industrial agreement executed on behalf of 'the parties by the assessors, and arc a redraft of existing legislation.

Any person may apply to the Court for total or partial exemption from any such agreement within one month of the filing of the agreement, but the agreement must be complied with pending the Court's decision, save that where any person had been exempted from any former award or industrial

agreement relating to the industry concerned such exemption shall continue until the Court's decision has been given. Section 15. —This restores the right of parties to have disputes referred to the Court for settlement on failure to arrive at a settlement in Conciliation Council.

Section 16.—This is merely a redraft of the existing provisions of the principal Act which have been put into clearer form, and deals with the procedure to be adopted where a settlement of a dispute is not arrived at in Conciliation Council, but the Council makes a recommendation for settlement of the dispute.

Section 17.—This merely repeals spent and superseded provisions of the 1932 legislation.

Section 18—This requires workers of 18 years and over or workers in rcceipt of the adult minimum rates, covcred by an award or industrial agreement, to be members of an industrial union of workers bound by the award or agreement or of a trade union which was registered as such before May I, 1936, and which is bound by the award or agreement. Sub-sec-tion (1) deals with awards made after the passing of the Act; sub-section (2) deals with industrial agreements made after the passing of the Act; while subsection (3) automatically applies the compulsory unionism provisions to existing awards and industrial agreements on the expiration of one month after the passing of the Act. Sub-sec-tion (4) contains certain safeguards regarding the admission of workers to membership under such compulsory provisions. Sub-section (5) sets out the special circumstances in which the employment of non-unionists is permitted, that is, when no union workers are available. Sub-section (6) provides that the compulsory unionism provisions shall be applicable to workers of 13 years and over and to workers under that age who are in receipt of the adult minimum rate prescribed by the award or agreement. RIGHT OF ENTRY. Section 19. —This empowers the Court to include in an award such provisions as it considers reasonably necessary to secure its effective operation and in particular to confer on union officials the right of entry on the employer's premises. Any such provisions included in an award are deemed to be "industrial matters" within the meaning of the principal Act, and they may be revoked or amended by the Court at any time. Section 20.—This provides for the fixing in awards on and after September 1, 1936, of maximum working hours not exceeding 40 per week except where the Court is satisfied that it would be impracticable to carry on efficiently any industry with a 40hour week. If in any future award the hours fixed exceed 40 the Court is required to indicate in the awai'd the grounds which made it impracticable to limit the hours in accordance with the requirements of the legislation. Section 21.—1n regard to existing awards and industrial agreements the Court is required on application by any party thereto to reduce the maximum hours to 40 except where it is impracticable to do so, in which case it may reduce the present maximum weekly hours and provide for a maximum intermediate between 40 hours and the existing maximum, but no such reduction shall operate before September 1, 1936. Where the hours fixed by the existing award or industrial agreement are reduced by the Court the hourly or other rates of pay are to be increased so that the ordinary weekly rate shall not be affected by the reduction in working hours. Section 22.—Where the Court under Section 20 or Section 21 fixes the maximum weekly hours at not more than 40, Saturday work is to be eliminated by the Court where practicable. Section 23.—The object of this section is to enable the parties to an award where such award is binding on a majority of the employers concerned in the district to which it relates to apply to the Court to have the award extended to cover all employers in the industry and district without any necessity for their being specifically cited as parties thereto. This means that where an award is binding on a majority of the employers in the inI dustry and locality it can be extended by "the Court by means of a general order to all employers in the industry and locality. !. Section 24.—Where an order has been made by the Court in pursuance of Section 23 the Court may grant total or partial exemption to any employer on application within one month thereafter but the award must be complied with pending the Court's decision. Section 25.—This is merely a machinery provision and provides for notice of any application made under Section 23 to be given by advertisement or otherwise as the Court may direct. Section 26.—This provides that any proceedings brought by an Inspector of Awards for breach of an award or industrial agreement may be continued by the same or any other Inspector of Awards.

BREACHES OF AWARDS.

Section 27—The period within which proceedings for . breaches of awards and agreements must be commenced is extended from six months to twelve months; Section 28.—This relates to the amount of subscription that may be prescribed in the rules of a workers organisation for payment by the members thereof, and provides that the subscription shall not exceed one shilling a week unless approved at a special meeting of the union specially called for the purpose of adopting a rule providing for a subscription exceeding one shilling a week. Section 29.—The effect of this scction is that awards and industrial agreements will hereafter be applicable to relief works and also to county councils and road boards. Section 30.—This makes the same provision in respect of the recovery of wages due to workei*s under awards and industrial agreements as is contained in the Factories and Shops and Offices Acts in respect of the recovery of wages due to factory and shop employees by the inspector on behalf of such employees. The inspectors arc, however, directed not to take such proceedings where they have reason to believe that the default in payment has been due to misrepresentations made by the worker to the employer.