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THE NEW SOUTH WALES
Factories and Shops Act, 1912: Proclamation applying Act
Awards gazetted: from 19th June to 14th July, 1915
THE Eighth Volume of the Industrial Gazette opens with the issue of this Part.
The Review of the Industrial Situation for the month of June has been extended to include a section which reports further action taken by the Court of Industrial Arbitration in connection with the questions of the minimum wage and the cost of living. In the section of the Review which bears the sub-title of "Industrial Arbitration and the War" are a full report of one judgment of the Court, an extract from a second judgment, and pronouncements in one case by the Judge of the Court, and in another by a Board Chairman upon war considerations in the arbitral field. This section also contains a continuation of the schedule published at page 939 of the seventh volume of the Industrial Gazette, under the heading of "Increases granted during the war." The section devoted to "Emergency Legislation" contains a further series of reports and recommendations by the Necessary Commodities Control Commission, reports of prosecutions for offences under the Necessary Commodities Control Act, 1914, a return of information respecting. wheat acquisition under the Wheat Acquisition Act, 1914, and some further records of operations under the Meat Supply for Imperial Uses Act, 1915. The section which treats of "Employment and Unemployment" comprises the usual information and estimates.
Under the title of the "Statute Law of Industrial Import" there is published in this issue portion of the series of statutes and regulations which have reference to the industry of seamen.
By proclamation of 22nd June, 1915, the Governor with the advice of the Executive Council gave effect to an administrative policy, whereby the whole of the State of New South Wales has been brought under the provisions of Part II of the Factories and Shops Act 1912. This important proclamation is reproduced in this Gazette.
The publication in this Part of further reports from a Conciliation Committee calls for remark. The last proceedings of one of these Committees were reported in the December, 1914, issue of this Gazette, and there had then been no previous report later than in the issue of March, 1914.
An elaboration of the record of accidents in factories as published in this Part calls for notice.
The bi-monthly "Tables of Awards" and "Abridgment of Departmental Records" appear in this issue.
The Record of Industrial Boards in this Part contains under the sub-title of "Constitution and Dissolution of Industrial Boards" particulars of the appointments of new Boards to take the place of the Boards which were constituted under the Industrial Arbitration Act, 1912, and which, on the 10th July, 1915, expired by effluxion of time in terms of section 20 (2) of that Act.
THE INDUSTRIAL SITUATION.
THE INDUSTRIAL SITUATION.
INDUSTRIAL ARBITRATION AND THE WAR.
Effects of a Crisis in Trade.
An appeal case, in which the Court of Industrial Arbitration very carefully weighed war considerations and arrived at conclusions of a highly important general character, was decided during the month of June. The appellants were the Hotel, Club, Caterers, and Restaurant Employees' Union, and the subject matter of their application was the award for the industry in and around the metropolis. With the appeal there was taken a cross application by the Caterers and Restaurant-keepers' Association. Particulars of the two applications, of the facts of the cases, and of the considerations which influenced the Court in arriving at its determinations are set out in the judgment of the Court which follows.
Before Mr. JUSTICE HEYDON in the Court of Industrial Arbitration of
Re DOMESTIC GROUP, No. 3 BOARD'S AWARD.
APPEALS BY HOTEL, CLUB, CATERERS AND RESTAURANT EMPLOYEES' UNION, AND BY CATERERS AND RESTAURANT-KEEPERS' ASSOCIATION.
HIS HONOR: The history of these important applications is as follows:
On the 30th April, 1913, an award was made by the No. 3 Board of the Domestic Group, for persons engaged in the industries of Restaurants, Caterers, Tea-shops, and .Oyster-shops within a specified area in and around the metropolis. This award was to . come into operation on the 12th May, 1913, and to last for three years. It was soon after slightly amended in matters not now material.
In December, 1914, the Board heard an application by the employers to vary this award in several particulars, of which by far the most important was the wages. The ground alleged was that the war had caused a great depression in the industry. Afidavits were filed and evidence was heard, and, in the end, the Board re-introduced the wage-scale of the previous award, and embodied it in a new award, dated the 20th January, 1915, which in all other respects repeated the award of the 30th April, 1913. This new award was to come into force on the 1st February, 1915, and remain in force till the 11th May, 1916, subject to the right of any persons affected to apply for a variation should circumstances warrant such a course.
The Court granted the Union the right to appeal from this award, and, on the 24th March, 1915, suspended the wage-rates until the hearing, and restored those of the ward of the 30th April, 1913.
When the appeal came on, the Caterers and Restaurant-keepers' Association applied also for the hearing by the Court of the parts of their application to the Board which pressure of work had compelled the Board to postpone for an uncertain but probably considerable time. As it appeared that the subjects of the application could well be considered with the Union's appeal, it was decided to hear the appeal and the application together. The former related exclusively to wages and the latter mainly to holidays.
To deal now first with the appeal against the reduction of wages. A perusal of the affidavits and evidence put before the Board appeared to me to give a very strong support to the view arrived at by the Board as to the disastrous effects of the war upon the industry; and the evidence given before me deepened the impression. I thought that the case for such relief as could fairly be given was overwhelming, but the question was, what