The New Province for Law and Order: 100 Years of Australian Industrial Conciliation and Arbitration Edited by Joe Isaac and Stuart Macintyre Index More Information

Cambridge University Press 0521842891 - The New Province for Law and Order: 100 Years of Australian Industrial Conciliation and Arbitration Edited by Joe Isaac and Stuart Macintyre Index More information

Index

‘Federal arbitration commission’ is used as the generic term for the institutions of arbitration, as in the text.

40-hour week, see standard hours annual leave, 38 44-hour week, see standard hours Anomalies Bill, 245 48-hour week, see standard hours arbitration reduced role under IRRA, 348 Aboriginal and Torres Strait Islander role in dispute settlement, 317 Commission, 213 arbitration law, Commonwealth, 18 Aboriginal Employment Development Policy, Argus (newspaper), 68 214 Ashburner, Richard, 87 Aboriginal stockmen’s award 1966, 89 Ashworth, Thomas, 252 absorption, see over-award wages and Associated Chamber of Manufactures of conditions, absorption Australia (ACMA), 259 accommodative arbitration, 7, 12, 92, 276 calls to abandon arbitration, 251 AEU dispute 1947, 295 merger with ACEF, 263 Accord, 8 National Union Bill, 245 abandonment, 53 Australia Reconstructed (ALP policy), 53 cooperative approach, 345 Australian Chamber of Commerce, 272 decentralisation, 44–5 Australian Chamber of Commerce and Industry employers’ associations reactions, 13, establishment, 272 264 influences Coalition policy, 273 equal pay cases, 236 Australian Communist Party, 81, see also trade establishment and implementation, 43–9, 93, unions, communist influence 304 Australian Conciliation and Arbitration Mark I, 173 Commission, 90, see also Federal Mark II, 174 arbitration tribunal Mark VI, 178, 308 appointments, 91 criticism, 49 approach under Moore, 91–2 Mark VII, 50, 271 assumes non-judicial powers of productivity bargaining, 175 Commonwealth Court of Conciliation role in inflation, 191 and Arbitration, 131 role in managing conflict, 343, 345, 349 BLF deregistration, 344 role in wage setting, 339–48 break up, 94 ‘social wage’ components, 175, 305 Commissioners, 361–4, see also names of union support, 12, 308, 343 individual Commissioners wage indexation, 264, 265, 343 concern about inflation, 188 airline pilots dispute 1991, 15, 46, 308 concern about unemployment, 188 challenge to Accord, 343, 345 conditions for Judges, 308, 309 Hawke government involvement, 343 criticismduring Accord, 93–4 Alcan case, 126 Dual Appointees, 364–6, enforcement Alexander’s case, 127 powers, see penal provisions, Amalgamated Engineering Union (AEU), 294 Commission deregistration, 292 enterprise bargaining principle, 178, 265, 44-hour week application 1926, 74 270 Amalgamated Metal Workers Union, 270 equal pay for women, 231, 232 Amalgamated Miners’ Association, 280 establishment, 297

412

© Cambridge University Press www.cambridge.org Cambridge University Press 0521842891 - The New Province for Law and Order: 100 Years of Australian Industrial Conciliation and Arbitration Edited by Joe Isaac and Stuart Macintyre Index More information

Index 413

Industrial Registrars, 366, see also names of supports indexation, 83, 168, 172 individual Industrial Registrars supports metal industry standard, 172 influence, 179 wartime policy, 293–4 Presidents, 358, see also names of individual Australian Democrats, 52, 348 Presidents Australian Employers’ Federation, 76 restructuring and efficiency principle, 175, Australian Federation of Employers, 266 178, 265 Australian Industrial Relations Commission, and productivity, 197 see also Federal arbitration tribunal role in Accord, 173, 175 Commissioners, 361–4, see also names of role in managing conflict, 172, 344–5 individual Commissioners Senior Deputy Presidents and Deputy Dual Appointees, 364–6 Presidents, 359–61, see also names of Industrial Registrars, 366, see also names of individual Senior Deputy Presidents and individual Industrial Registrars Deputy Presidents Presidents, 358, see also names of individual staffing and facilities, 92 Presidents structural efficiency principle, 175, 178, 265, Senior Deputy Presidents and Deputy see also award restructuring Presidents, 359–61, see also names of union criticism, 305–8 individual Senior Deputy Presidents and Vice Presidents, 359, see also names of Deputy Presidents individual Vice Presidents Vice Presidents, 359, see also names of wage-fixing criteria, 304 individual Vice Presidents wage indexation, 170 Australian Industry Group Australian Consumer and Specialty Products establishment, 272 Association, 44 views on conciliation and arbitration system, Australian Council of Employers’ Federations 312–13 (ACEF), 259, 262 Australian Journalists’ Association, 61 merger with ACMA, 262, 263 Australian Labor Party (ALP), 17 Australian Council of Trade Unions (ACTU) establishment, 276, 277 authority under Accord, 50 incomes policy, 43 in Basic Wage Cases, 158, 291, 293 industrial relations policy 2001, 54 commitment to wage restraint, 8 role in Accord, 173 equal pay for women, 226, 231, 238, wage indexation, 44 240 wins 1929 election, 77 conference 1956, 225 Australian Meat Holdings, 268 establishment, 258, 285 Australian Mines and Metals Association, 258, favours conciliation over arbitration, 38 268 growing power, 303 Australian Public Service Therapists case, Kirribilli Accord, 41 236 membership decline, 310 Australian Railways Union, 79 opposes AEU 1946, 295 Australian Road Transport Federation, 268, opposes call for general strike, 288, 290 269 opposes non-union agreements, 51 ‘Australian settlement’, 208, see also conciliation opposes penal provisions, 335 and arbitration system, and protection organisationally stronger, 44 Australian Tramway and Motor Omnibus Presidents, 90 Employees Association, 116 rejects call for abandonment of arbitration, Australian Workers’ Union (AWU), 28, 30 77 acceptance of arbitration, 280 relations with Federal arbitration tribunal, 51, challenged by rival union, 292 77, 80, 305–9, 315 plans to become One Big Union, 284 role in Accord, 43, 93, 173, 264, 305 Secretary, 90 role in incomes policy, 303 Australian Workplace Agreements, 52, 54, 96, role in National Wage Cases, 303 136, 137, 265 supports enterprise bargaining, 49 prohibition on industrial action, 348

414 Index

Australian Workplace Industrial Relations leads to ACTU leadership, 291 Survey, 309 no reciprocity, 157 Automotive, Food, Metals, Engineering, restored 1934, 1937, 252 Printing and Kindred Industries Union, union reaction, 77, 290, 315 238 responsibility for decision, 38 award restructuring, 45, 181, 183, statistical analysis, 142–4 308 wage-fixing criteria, 159–63 under Accord, 305 Basic Wage and Margin Case 1965, 162 Award Simplification Test Case 1997, 273 Basic Wage Cases, 87–9, 258 award wages, see wages, award 1921, 143, 258, 285, 290 awards, Federal 1922, 285 bans clauses, 335, 336 1930s, 153 coverage, 96, 283 1934, 148, 291 extension, 287 1937, 153, 291 paid rate, 181, 305 1939, 293 Safety Net, see Safety Net 1940, 148, 223 single-employer, 267 1940–41, 156 slow spread, 282 1949–50, 39, 81–2, 155, 157, 296 under the Workplace Relations Act 1996, raises women’s rate, 225 265 1952–53, 39, 83, 88 awards system maintains women’s rate, 225 contraction, 311 1953, 296 and social security, 150–1 1956, 159 1957, 159 Bank Officials case, 112 1958, 159 Barrier Branch of the Amalgamated Miners’ 1959, 158, 159, 259 Association of Broken Hill, 329 1961, 39, 88, 162 Barrier Branch of the Amalgamated Miners’ 1964, 162 Association v BHP (1909), 281 1965, 89 Barton, Edmund, 22, 59, 108 capacity to pay criteria, 158 constitutional interpretation, 105–6 duration, 89 opposition to inclusion of conciliation and union requests for automatic adjustments arbitration power in Constitution, 110 1950s, 157, 159 Barwick, Sir Garfield, 116 wage-fixing criteria, 158 on Boilermakers case, 130 effective productivity, 158, 162 basic wage, 143 productivity only, 159, 162 abolition, 148 Beeby, Sir George automatic adjustment, 145, 152, 159, AEU deregistration, 293 285 appointment as Chief Judge, 78 abolition, 155, 296 appointment to Court, 288 annual, 162 background, 75 quarterly, 88 Basic Wage Cases, 153, 156 effect on employment, 153 decisions in favour of employers, 288 Harvester case, 5–6 and margins, 184 Higgins’ view, 27 metal trades industry awards, 180, 183, 292 increase 1957, 259 NSW Attorney General, 249 influence of Federal arbitration tribunal, provokes union hostility, 76 188 reduces overtime rates, 76 as living wage, 151 retirement, 79 Piddington Royal Commission, 73 Benham, Frederic, 75 reduction 1931, 193 Blakely, Arthur, 30 economic necessity, 153 Bland, Henry, 83 employers’ victory, 252 BLF case, 130

Index 415

Boilermakers case 1956, 5, 127–30, 296 Central Council of Employers’ Federations, 33 government response, 130–1 Annual Conference 1920, 246 impact on conciliation and arbitration law, Central Council of Employers of Australia, 242, 131 258 Boilermakers’ Society, see Boilermakers case Industrial Arbitration Propaganda 1956 Committee, 249 Borland and Woodbridge, 198, 202 jurisdictional overlap, 249 bourgeois philanthropy, 219 legal challenge to 1904 Act, 244 Bowling, Peter, 280 National Union Bill, 245 Brereton, Laurie, 51 Central Industrial Secretariat, 262 Brigden Committee, see Economic Commission centralised wage-fixing, 93, 94 on the Basic Wage chambers of commerce, 242 Brigden, JH, see Economic Commission on the chambers of manufactures, 258, see also Basic Wage Associated Chamber of Manufactures of British Economic Mission, 33, 76, 250 Australia (ACMA) Broken Hill decision, 151 Australian, 272 Broken Hill Proprietary Company (BHP), 28 New South Wales, 254 lockout 1906, 279 disaffiliates fromCAI, 272 Brown, Horrie, 88 South Australian, 253 Brown, HP, 155 Victorian, 258, 259 Brown, JJ, 292 disaffiliates fromCAI, 272 Bruce–Page government, 35 uses arbitration to limit union gains, 253 attacks union power, 250 Charlton, Matt, 76 attempts to rationalise conciliation and Chifley, Ben, 80 arbitration system, 245 Chifley government, 37–8 relations with Court, 31–5 coal industry dispute 1949, 295, 334 restructures Arbitration Court, 76 opposes AEU 1946, 294 Bruce, Stanley Melbourne, 36 relations with unions, 81 attempts to abolish court, 77, 245 child endowment, 150, 293 attempts to repeal 1904 Act, 251 element in wages policy, 145–8 referendumto increase Commonwealth Clancy case, 124, 126 powers, 249 Clarey, PW, 295 Builders’ Labourers’ Award, 282 Clark, Colin, 155 Builders’ Labourers’ case, 285 class conflict, 322 Builders’ Labourers’ Federation (BLF), ‘closed shop’, 47, 53, see also union preference deregistration, 344 Clothing Trades case, 220, 221, 222 Building Workers’ Industrial Union, Clyde Engineering, 292 344 coal industry Burrow, Sharon, 312 1890s disputes, 23 Burwood Cinema case, 106, 108 1916 dispute, 69 Business Council of Australia, 13, 48 1919 dispute, 283 Enterprise-Based Bargaining Units, 266 1929 dispute, 76, 290 promotion of enterprise bargaining, 305 1940s disputes, 15 relationship with CAI, 266–7 1944 dispute, 37 1949 dispute, 295, 334, 336, 344 Cameron, Clyde, 41, 42, 90, 165 Federal award coverage, 283 Campbell, George, 49 margins, 334 capacity to pay criteria, 39, 87, 233 Coal Industry Tribunal, 87, 295, 334 introduction, 291, 296 dispute 1919, 283 Castle, Gordon Harwood, 60 Coalition governments Castles, Frank, 150 1969–71, 336 Cattle Station Industry (Northern Territory) 1976–82, 336 Award 1951, 212–13 1996–, 52

416 Index

Coalition industrial relations policy, 41, 47–8, Bill 1903, 3, 22–3, 61, 242 51 coverage, 22, 23 coastal shipping, 35 changes in objects of the Act, 367–72 Cockatoo Dock, 292 compulsory aspects, 103 Cohen, Judith, 228–30 coverage, 26, 27 Coleman, Percy, 74 labour movement role in, 23–6 collective bargaining legal representation, 4 alternative to common rule, 102 power to punish contempt centrepiece of conciliation and arbitration registration and deregistration provisions, system, 135 108, 319, 339 encouraged by system, 14 section 25D, 331 focus of wage policy, 172 section 38(f), 103 opposed by ACTU, 45 High Court challenges, see Whybrow Case opposed by Liberal Party, 41 ‘transmission of business’ provisions, 108 role of representative organisations, Whitlam government amendments, 336 109–10 Commonwealth Conciliation and Arbitration as supplement to arbitration, 276 Commission, see also Federal arbitration Colliery Proprietors’ Association, 124 tribunal Combet, Greg, 342 Commissioners, 361–4, see also names of Committee of Control re Basic Wage and individual Commissioners Standard Hours, 258 conciliation process, 86 Committee of Review of Australian Industrial conflict within, 89 Relations Law and Systems, 47, 93, 94, control of wage policy, 88 272 Dual Appointees, 364–6 common law actions against unions, 14, 319, economic advice, 88 338 efficiency, 89 increase after 1993, 345 establishment, 86 common rule, 31, 37, 256 reaction of judges, 86 awarded by arbitration, 279 facilities, 87 awards, see also Whybrow case Industrial Registrars, 366, see also names of constitutional validity, 105–6 individual Industrial Registrars outside Court’s powers, 282 lay Commissioners, 86 underpinning Australian compulsory Presidents, 358, see also names of individual arbitration, 102–3 Presidents Commonwealth Conciliation and Arbitration procedures, 86 Act 1904, 23, 35, 36, 55, 56, 243 relations between judges, 87 amendments relations with government, 89 1919, 127 Senior Deputy Presidents and Deputy 1920, 71 Presidents, 359–61, see also names of 1926, 73 individual Senior Deputy Presidents and 1927, 74 Deputy Presidents 1928, 75, 76, 288 Vice Presidents, 359, see also names of 1930, 77, 290 individual Vice Presidents 1947, 38, 80, 295 Commonwealth Council of Federated Unions, 1951, 40 establishment, 258 1952, 80 Commonwealth Court of Conciliation and 1956, 40 Arbitration, 3, 23, 56, 79, see also 1964, 40 Federal arbitration tribunal 1972, 40 break up, 86 1975, 41 judges reaction, 128–9 1979, 42 Bruce–Page government appointments, 288 Fraser government, 91 Chief Commissioners, 80, see also names of assent, 1 individual Chief Commissioners

Index 417

Chief Judges, 356, see also names of Commonwealth Fund for Aboriginal Enterprise, individual Chief Judges 213 Chifley government appointments, 81 Commonwealth Industrial Court, collective agreements, 23, 56 establishment, 130 compulsory awards, 23, 56 Commonwealth Public Service Act, 226 Conciliation Commissioners, see Conciliation Commonwealth Public Service, Federal Commissioners jurisdiction, 287 conciliation process, 65 Commonwealth Steamship Owners conciliation role, 58 Association, 55, 281 Deputy Industrial Registrars, 60 Commonwealth Steamship Owners’ Association Deputy Presidents, 64, 73, 356, see also v Waterside Workers’ Federation of names of individual Deputy Presidents Australia, 288 Deputy Registrars, 64 Communist Party of Australia, see also trade dual nature, 68 unions, communist influence duration of hearings, 282 role in 1949 coal strike, 334 early operations, 64 Community Development Employment enforcement powers, 131 Projects, 213–15, see also Indigenous establishment, 1, 57–61 workers, employment patterns facilities, 83, 84 Companies Group, 266 first case, 55–6 comparative wage justice, see Federal Great Depression, 331 arbitration tribunal, role in ranking High Court challenges, 282 classifications Judges, 357, see also names of individual compulsory arbitration Judges abolition, 48, 54 security of tenure, 127 conservative attitudes to, 33 jurisdiction extended, 254 response to Maritime Strike 1890, jurisdiction over State employees, 282 57–8 legal representation, 58, 64, 74, 77, 243 concession bargaining, 311 Menzies government appointments, 83 conciliation penal provisions, see penal provisions renewed role under enterprise bargaining, powers over unions, 75 345 Presidents, 5, 56, 59, 356, see also names of role in conflict management, 15, 38, individual Presidents 317 principles of operation, 55–6, 57–8 conciliation and arbitration power, see also reconstitution 1926, 73–5 Constitution of Australia, section 51 reconstruction by Chifley Government, (xxxv) 80 Commonwealth, 18–22, 57 reduces wages, 76–7 conservative support, 22 Registrars, 60, 64, see also names of conciliation and arbitration system, 1–2 individual Registrars adaptability, 351, 352 registration of organisations, 56, 60–1 advantages for unions, 276, 278–80 relations with unions, 40, 76 attitude of political parties, 3 role in 1949 coal industry dispute, 335 British Economic Mission, 250 role in deteriorating economy, 76 cause of conflict, 320 role in managing conflict, 328 economic influence, 185–6 role in national wage policy, 78 effectiveness in managing conflict, 319–28, scope and authority, 26 350–2 1921–31, 284–90 international comparison, 327–8 separation of judicial and non-judicial other causes of lost productivity, 326 functions, 130, 297 employers’ response, 241 social justice responsibility, 35 encourages cooperation, 350 views on WEB rates, 224 financial costs, 64 wartime powers, 334 future role, 137–8

418 Index

conciliation and arbitration system( cont.) (xx), 136 and Indigenous workers, 215 (xxix), 136 initial employer hostility, 103 (xxxv), 105–6 legal aspects, 4–5 (xxxv), 110, 133–4 political history, 2–3 (xxxvii), 137 and protection, 186–7 separation of powers, 126–30 reach, 108 Coombs, HC ‘Nugget’, 88, 155 reliance on cooperation, 336 Copland, Sir Douglas, 153, 156, 158, 162, 193 role in conflict management, 203, 316–19, Costello, Peter, 47 333 Council for Action for Equal Pay, 223 role in economic and social policy, 139, Council of Australian Government Employers 202–5 Organisations, 44 role in inflation, 190–1, 203, 204 Cowburn case, 250 role in labour market, 203 Crean, Simon, change in ACTU organisation, role in productivity growth, 194–7 303 role in unemployment, 191–4, 204 Crimes Act 1926, 31, 75 role in wage equality, 198–202 amendments 1929, 250 role in wage justice, 240 Curtin, John, 36 social justice basis, 276 Curtin government, 36 support for collective bargaining, 135 appointments, 79 union discipline, 331 partnership with unions, 293 union support, 312 women workers, 209, 219 Darvall case, 118 equal pay for women, 233 Deakin, Alfred, 24–5 Conciliation Commissioners, 35, 73, 77, 80–1, acceptance of compulsion, 19 83, 357–8, see also names of individual arbitration as social progress, 58 Conciliation Commissioners defeats union preference, 26 appointment, 295 friend of Higgins, 61 handle minor cases, 4 invoked in support of Keating amendments, role expanded, 38 51 Conciliation Committees, 77 opposes Labor amendments to Act, 28 Confederation of Australian Industry (CAI) revives Bill 1904, 22 adopts new policy of decentralised wage on social justice, 207 fixing, 272 speaks to Bill, 3 challenged by rival organisation, 266 vision of social justice, 10, 11 disaffiliations, 271 Deakin government, 26 establishment, 13, 263 Deane, Justice, 99 merges with ACC, 272 decentralisation of industrial relations, 309, opposition to Accord, 50, 264 311, 315, 320 opposition to enterprise bargaining, 268 effect on strike activity supports conciliation and arbitration system, under Howard government, 348 272 influence on women workers, 219 conscription, 29 demarcation disputes, admissibility to Constitution of Australia conciliation and arbitration, 122 conciliation and arbitration power, see also Dental Therapists Anomalies case, 236 conciliation and arbitration power, Department of Labour and National Service, Commonwealth 254 interpretation, 4, 98 Depression (1890s), 18, 23 ‘faint-hearted originalist’ approach, 99 Dethridge, George, 75, 78, 153, 288, 293 ‘living force’ approach, 99 Discrimination Acts, 240 ‘originalist’ approach, 99 Affirmative Action (Equal Opportunity for section 51, 98 Women) Act 1986, 236 interpretation, 99 Sex Discrimination Act 1984, 236

Index 419

Dixon, Sir Owen, 83, 139 Federal arbitration tribunal role, 9 Dollar Sweets dispute, 48 full employment, 38–9, 192 Downer, John, 19 1960s & 1970s, 7 Downing, Dick, 88 Engineers’ case, 99, 106, 110, 287 Drake-Brockman, Edmund Engineers dispute 1927, 76 AEU deregistration, 295 enterprise agreements, 45, 50, 51 appointment as Chief Judge, 81 coverage, 96 appointment to Court, 76 enterprise bargaining, 10, 12, 13, 48, 51 Basic Wage Cases, 153 under Accord, 305 basic wage reduction 1931, 153 element of bifurcated wage system, 8 Central Council of Employers of Australia emergence as alternative to conciliation and President, 249 arbitration system, 135–7, 205, 345 dual awards, see jurisdictional overlap Federal coverage, 5 Dunphy, Edward, 81, 82, 86, 155, 157 implementation, 178 increases award fragmentation, 267 earnings drift, 144, 164, 190, 204 and productivity, 197 Economic Commission on the Basic Wage, 152, provisions in Act, 94 186 public interest criteria, 345 employer–employee relationship, 3, 18, 28, 61, reduced Commission authority, 13 68 rejection by Commission, 95, 309 employers revives division between employers, 264 relations with Federal arbitration tribunal, 3, supported by employers’ association, 267 12–13 enterprise bargaining principle, 49 role in Accord, 173 Equal Pay Cases, 226 employers’ associations 1969, 89, 202, 226–31 agree to uniformregulation, 252 decision, 142 attempts to make 1904 Act unworkable, 243 divisions among employers, 262 conflict over indexation, 263 1972, 231–2 coordination, 257–64 decision, 142, 231 legal challenge to 1904 Act, 243 implementation, 236 operating in dual system, 273 effects, 233 opposition to lay Commissioners, 256 equal pay for women, 9, 10–11, 90, 237, 240, opposition to wartime arbitration, 256 312, see also Equal Pay Cases; wages, relations with Federal arbitration tribunal, equality 265 1949–50, 82 response to conciliation and arbitration campaign, 223, 226 system, 241, 273–4 Clothing Trades Award, 226 initial opposition, 241, 242–52 comparators, 238 period of acceptance, 241, 252–7 equal minimum rates, 232–3 period of full employment, 241 New Zealand, 231 period of reassessment, 242, 264–73 principles, 226–31 use arbitration to limit union gains, 252, 253 award-based, 231 Employers’ Federations, 258 comparable worth, 236 New South Wales (EFNSW), 244 equal value, 231, 233, 239 acceptance of arbitration, 253 equal work, 227, 231 calls to abandon arbitration, 251 to protect men’s jobs, 220 opposition to lay Commissioners, 256 States’ initiatives, 226 opposition to wartime arbitration, 256 through enterprise bargaining, 237, 238, 239 Victorian (VEF), 258 disadvantages, 239 agree to uniformregulation, 252 through Minimum Rates Adjustment, 237 opposition to 1903 Bill, 242 through structural efficiency principles, 237 employment, see also unemployment United Kingdom, 231 1941–68, 333 work value evaluations, 231, 232, 236

420 Index

Evatt, Elizabeth, 90 National Federation Convention, 19 Evatt, HV (Bert), 81 National Federation Convention 1891, 18 Eveleigh Carriage Works Shop Committee, 292 National Federation Convention Excise Tariff Act 1906, 26, 63 Constitutional Committee, 18 Ferguson, Martin, 342 Family Leave test case, 237 Fisher, Andrew, 22, 35, 69 Federal arbitration tribunal, 3–4, see also government, 1910–13, 27, 28 Australian Conciliation and Arbitration government, second, 28 Commission; Australian Industrial Five Economists, 151 Relations Commission; Commonwealth Forrest, John, 19, 22 Conciliation and Arbitration Forty Hours case, 335 Commission; Commonwealth Court of Foster, Alfred Conciliation and Arbitration; Industrial appointment to Court, 79 Court Basic Wage Case 1949–50, 155 amendments to powers, 310 conflict with communist union officials, 81 changes in jurisdiction, 11, 12 favours raising women’s rates, 82 cooperation with State tribunals, 43 passed over for Presidency, 87 future role, 15–16, 138 supports reinstatement of automatic government changes, 2 adjustments, 162 High Court rulings, 1, 2 transfer to Commission, 86 influence, 203 withdraws fromBasic Wage Case 1953, 83 main changes, 355 Foundry Workers’ Joint Management maker of social and economic policy, 5 Committee, 292 mode of operation, 4 Fraser, Malcolm, 90 power to interpret awards, 132 launches CAI, 264 role in classifying labour, 180–1 Fraser government, 44, 46 role in conflict management, 14–15 amendments to Act, 304 role in ranking classifications, 182–4 approach to arbitration, 42–3 separation of judicial and non-judicial changes to conciliation and arbitration functions, 132 system, 338 social and economic policy role, 9, 134 opposition to indexation, 169 union views, 340–2 freedomof contract, 18, 23, 317 use of macroeconomic criteria, 188, 204 won in 1890 Maritime Strike, 278 inflation, 188 unemployment, 188 Gallagher, Frank, 87 Federal Court coal industry dispute 1949, 295 assumes responsibilities of Commonwealth retirement, 90 Court of Conciliation and Arbitration, views on wage-fixing criteria, 162, 163 130 Gallagher case, 117 assumes responsibilities of Industrial Court, Galvin, John, 155 91 Garran, RR, 243 resumption of jurisdiction from Industrial Gaudron, Mary, 90, 101, 231, 234 Relations Court, 96, 130 Gavan Duffy, Sir Frank, 111, 114, 115 Federal Court of Conciliation and Arbitration, definition of ‘industrial dispute’, 112 see Commonwealth Court of General-Motors Prosperity Loading case, 181 Conciliation and Arbitration George Hudson case, 108 Federated Clerks case, 122 Giblin, LF, 155 Federated Engine Drivers’ and Firemen’s Giudice, Geoffrey, 347 Association, 292 President of IRC, 96 Federated Ironworkers Association, 79, 292 Gleeson Committee, 309 in wartime, 293 Graziers’ Federal Council of Australia, 258, Federated Moulders’ Union, 286, 292 259 Federation, 18 Great Depression, 12, 143, 152 Australasian Federation Convention 1898, 57 industrial unrest, 330

Index 421

Gregory, Henry, 33 definition of ‘industrial dispute’, 111 Griffin, Pauline, 228–30 definition of ‘interstate’, 28 Griffith, Sir Samuel, 6, 18, 59, 108, 118, develops principles for conciliation and 125 arbitration system, 5–6 constitutional interpretation, 105–6 disliked by employers, 245 opposition to inclusion of conciliation and distinction between basic wage and margins, arbitration power in Constitution, 110 184 equal pay for women, 220, 221 Hadfields, 292 establishes Court procedures, 63–5 Hancock Inquiry 1985, see Committee of Harvester case, 146–7 Review of Australian Industrial Relations High Court challenges, 282 Law and Systems HR Nicholls affair, 68 Hancock, Keith, 93 Jumbunna case, 108 Harvester case, 5, 62–3, 186, 221 legacy to system, 36, 47 High Court appeal, 63 living wage, 207, 316 wage standard margins, 287 basic wage reduction 1931, 153 Municipal Employees case, 118 embraces union standards, 281 A New Province for Law and Order (book), 71 end of ‘family wage’, 232 on ranking classifications, 182 exclusion of women, Indigenous workers, refuses to hear disputes during strikes, 283 210 relations with employers, 68 Higgins’ view, 146–7 relations with government, 26 relation with needs, 144 relations with Hughes, 29–31, 68–71 restoration, 36 resignation, 14, 284, 330 statistical analysis, 142 setting Harvester standard, 62–3, see also and wage justice, 207 Harvester case Harvester standard, see Harvester case, wage standard hours cases, 285 standard standing among unions, 281 Hawke, Bob, 45, 46, 90 sympathy for unions, 11, 18–22, 28 ACTU President, 303 systemas tool for civilizing capitalism,22 as industrial advocate, 307 views of tribunal’s function, 8, 58 role in Basic Wage Cases, 88, 158 views on sympathy strikes, 330 support for indexation, 170 views on women workers, 10 Hawke–Keating government waterfront strike 1917, 329 election, 339 Whybrow case, 105 industrial relations policy, 53, 93–5 High Court, 83 reforms to Commission, 94 constitutional interpretation, 99–102 role in Accord, 173, 304 disallows Conciliation Committees, 77 Hayden, Bill, 42, 44 interpretation Heagney, Muriel, 223 consistency between Federal and State Healy, Jim, 292 awards, 244 Henderson, Gerard, 93 industrial power, 4, 5 Henderson Inquiry into Poverty, 232 jurisdiction of Federal arbitration tribunal, Herbert, Bob, 312–13 13, see also Federal arbitration tribunal, Higgins, Benjamin, 157 changes in jurisdiction Higgins, Justice Henry Bournes, 145 separation of powers, 5 appointment as President, 13, 61–2 interpretation of ‘interstate’, 28 award for waterside workers, 281 ruling against Arbitration Court as a court, award in BHP dispute 1906, 280 71, 73 basic wage, 258 ruling against power to punish contempt, 83 Brisbane general strike 1912, 280 ruling on restarting Basic Wage Case, 83 changes in Court jurisdiction, 244 Holman, William, 23 conduct of Court, 64 Holt, Harold, 83 on conflict management, 328 Howard, John, 46, 47, 50, 51, 54, 93

422 Index

Howard government Northern Territory, 210 industrial relations policy, 54, 95, 348 treatment under conciliation and arbitration role in 1998 waterfront dispute, 348 system, 209–16 HPM case, 238–9 wage inequality, 208 HR Nicholls Society Industrial Court, see also Federal arbitration encourages use of common law, 345 tribunal establishment, 66 break up, 91 opposition to Federal system, 13, 93, Chief Judges, see names of individual Chief 266 Judges promotes revisionist liberalism, 47 establishment, 86, 297 HRM SteamNavigation Company,277 Judges, see names of individual Judges Hughes, WilliamMorris ‘industrial dispute’ appears for WWF, 55 applicability to administrative services of Commonwealth Attorney General, 281 States, 119–22 defeats Bruce, 35, 77 exclusions, 121 disliked by employers, 245 legal definition, 106–7, 108, 112, 125–6, expelled fromWWF, 283 134 Industrial Peace Act,71 industry requirement, 111–14 jurisdiction of Court, 28 principles, 113 push for arbitration in NSW, 23 redefined, 118–19 relations with Court, 29, 68–71 white collar employment, 112–13 threat to independence of Court, 284 permissible subject matter, 114–19 union preference, 27 managerial prerogatives, 116–17, 122–3, views on British Economic Mission, 250 124–5, 126 WWF President, 281 superannuation payments, 123 Hughes Labor government, 29 termination of employment, 123 Hughes National Labor government, 29, union members and non-members, 107 245 Industrial Peace Act 1920, 30–1, 71, 245, Hughes Nationalist government, 29 283 Hunt, Attlee A, 287 special tribunals, 290, 330 HV McKay, see Harvester case Industrial Registrars, 3 Industrial Relations Act 1979 (Vic), 122 Immigration Act 1925,35 Industrial Relations Act 1988, 45, 126 amendments 1929, 250 amendments 1992, 49, 50 Immigration Restriction Act 1901, 219 amendments 1993, 51 inclusive unionism, 278, 315 support for enterprise bargaining, 135 inconsistency between Court awards and State Industrial Relations Bureau, 42 laws, see jurisdictional overlap establishment, 91, 338 Indigenous workers, 10–11 industrial relations club, 45–6, 51, 92, 93, 265, in cattle industry, 210 272 displacement of labour, 212–13 Industrial Relations Commission, 3, 4, 44, 56, employment patterns, 214, see also see also Federal arbitration tribunal Community Development Employment change of powers, 95 Projects downgrading of status, 95 occupational concentration, 215 establishment, 94 segregation and disadvantage, 215 facilities, 97 engagement in labour market, 210, 215 membership, 96 exclusion by legislation, 210 Presidents, see names of individual Presidents equal pay, 211, 212–13, 240 relations with ACTU, 95 delay, 213 replaces Australian Conciliation and exclusion fromconciliation and arbitration Arbitration Commission, 131 system, 211, 215 role in 1998 waterfront dispute, 349 pastoral industry cases, 211 role in dispute settlement, 96

Index 423

role in industrial relations system, 97 Court wartime powers, 256 role of arbitration, 96 legislative amendments, 32 role of conciliation, 96 Maritime Industries Bill, 35 safety net, needs criteria, 149 referendum1926, 31 size of role, 52 States, 249 staffing, 94 High Court interpretation 1910, 244–50 two divisions, 94 ‘played off’ by unions, 286 wage-fixing criteria, 310 Industrial Relations Council Keating, Paul, 50 employers’ associations, 255 Keating government equal pay for women, 255 industrial relations policy, 49–51, 53 Industrial Relations Court Industrial Relations Reform Act 1993, 345 break up, 96 Kelly, Sir WilliamRaymond re-establishment, 94 appointment as Chief Judge of Conciliation Industrial Relations Court of Australia, 130 Court, 39, 81, 155 Industrial Relations Reform Act 1988, 237 appointment as Chief Judge of Industrial Industrial Relations Reform Act 1993, 8, 12, 13, Court, 86 265 autocratic style, 4 passed, 344 Basic Wage Case 1950, 188, 296 support for enterprise bargaining, 135, 345 conflict with communist union officials, Industrial Relations Society, 88 81–2 Industrial Relations Study Commission, 266 desire to abandon automatic adjustments, Industrial Workers of the World, 280, 283, 284 83 waterfront strike 1917, 329 excludes metal trades unions, 296 inflation, 37, 38 on ranking classifications, 182 1970s, 303 relations with government, 296 Federal arbitration tribunal role, 9 resents Commissioners, 83 Insurance Staffs case, 112, 118 Kelty, Bill, 45, 51 International Labour Organisation conventions change in ACTU organisation, 303 No 87 Freedomof Association and Protection criticismof Commission,94, 95, 308, 309 of the Right to Organise, 14 views on Industrial Relations Commission, No 98 The Right to Organise and Collective 340 Bargaining, 14 Kelynack, Arthur James, 55 No 100 Equal Remuneration, 10, 226, 231, Kerr, Justice, 89 232, 237, 238 The King v Commonwealth Court of No 111 Discrimination (Employment and Conciliation and Arbitration; Ex parte Occupation), 10 Whybrow & Co, see Whybrow case No 156 Workers with Family Responsibilities, Kingston, Charles Cameron, 18, 19, 21, 22, 57, 237 58 Ironworkers’ Association, 81 Kirby, Michael, 92 Isaac, Joe, 88, 90 Kirby–Moore view, 163 Isaacs, Sir Isaac Kirby, Sir Richard, 160–1 appointment to High Court, 61 accommodative arbitration, 7 definition of ‘industrial dispute’, 113, 114 appointment as President of Commission, 87, Jumbunna case, 108 297 Union Badge case, 115 appointment to Court, 81 views in arbitration, 22 equal pay for Indigenous workers, 212 Whybrow case, 105 familiarity with jurisdiction, 91 patron of Industrial Relations Society, 88 Jumbunna case, 108–10, 125, 134 relations with fellow Judges, 89 jurisdictional overlap, 103, see also Whybrow relations with government, 88 case restoration of automatic adjustment, 159 attempts to alleviate retirement, 90

424 Index

Kirby, Sir Richard (cont.) McGuinness, PP, 93 views on break up of Arbitration Court, 86 McIntyre, Malcolm‘Bunny’, 83 views on penal provisions, 336 McLean, Allan, 23 views on social justice, 207 McMahon government, 40 views on wage-fixing criteria, 162 McPhee, Ian, 47 Kirribilli Accord, 41 Meat and Allied Trades Federation of Australia, Knibbs, GH, 152 268 Knox, Sir Adrian, 112 meat industry break up of multi-employer awards, 268 labour market strike Queensland 1945, 294 sex segregation, 217 Menzies, Sir Robert Gordon, 86, 87, 91 structural change, 163, 239 Menzies government, 36, 38, 40 land rights, 209, 213 appointments, 79 Latham, John, 31–3, 35, 74 changes to conciliation and arbitration Liberal Party, industrial relations policy, see system, 257 Coalition industrial relations policy legislates for bans clauses, 335 Living Wage Case 1997, 240 support for Court, 87 lockouts, 317 Merchant Services Guild, 55 Lukin, Lionel Mercury (newspaper), 68 AEU 44-hour case, 75 Metal Trades case, 106–7, 108, 183 appointment to Court, 75, 288 Metal Trades Employers’ Association decisions in favour of employers, 288 acceptance of arbitration, 253 orders strike ballot, 77 calls to abandon arbitration, 251 retirement, 78 requests exclusion of union, 296 Timber Workers award, 76 metal trades industry wage cuts, 290 1930s, 292–3 Lynch, Philip, 53 absorption of over-award wages and Lyons government, 36 conditions, 297 agreement 1981, 172 Machine Shearers’ Union, 280 awards Macphee, Ian, 173 fragmentation, 267 Maddern, Barry, 46 semi-skilled classifications, 180 appointed President of Industrial Relations as benchmark for wage structure, 183 Commission, 94 disputes, 37, 39 death, 95 1946, 334 Main Hours Cases, 155, 259 Federal jurisdiction, 287 Mann, Tom, 281 industry awards, 165 Manufacturing Grocers case, 123 margins, 37, 155, 287, 296 margins (wages), see wages, margins 1957 increase, 259 Marine Cooks, Bakers and Butchers case, 182 payments by results, 288 Maritime Industries Bill 1929, 35, 251 strikes, Victoria 1946–47, 294 maritime industry strikes wages campaign 1990, 309 1890, 18, 23, 57, 277–8, 348 Metal Trades Industry Association, 13, 259 ‘working rules’ approach, 277 conflict with other employers’ associations, 1893, 23 269 1919, 30, 283 disaffiliates fromCAI, 272 1940s, 37 Equal Pay Case 1969, 262, 269 Maritime Union of Australia, dispute 1998, 52, merges with ACM, 272 348 response to enterprise bargaining, 268, Mason, Justice, 122 270–1, 309 Maternity Leave test case, 237 role in Accord, 264 McClelland, Jim, 41, 43 support for Accord, 270 McGowen, Thomas, 23 support for indexation, 270, 296

Index 425

Metal Trades Work Value Inquiry 1966–67, 39, opposed by employers, 254 164, 297, 303 special tribunals, 37, 79, 254 Metters, 292 National Security (Female Wages) Regulations, Mills, RC, 152 225, 255 Miners’ Federation, 79 National Security (Industrial Peace) dispute 1929, 331 Regulations, 256 dispute 1949, 295 National Transport Forum, 269 mining industry strikes National Union Bill, 245 1916, 29 National Wage Cases, 89, 303 1917, 329 1967, 39, 226 before 1930, 329 1968, 163 Broken Hill miners 1892, 18 1970, 164 Broken Hill miners 1909, 281 1973, 90, 165 high level of, 326 1974, 165, 234 metal miners, 283 1975, 41 metal miners 1892, 23 1976–81, 42 Monk, Albert, 83, 299 1979–80, 170, 183 Moore, Sir John, 7, 46, 166–7 1981, 170 appointment as President of Commission, 1982, 172 90 1983–94, 44, 173 appointment to Commission, 87 1986, 175 approach in Commission, 91–2, 340 indexation claim, 175 equal pay for Indigenous workers, 212 two-tier system, 175 relations with Staples, 94 1986–89, 305 retirement, 92 1989, 183 views on wage-fixing criteria, 162 1989–90, 45 and work value, 183 1990, 308 Morgan, Sir Edward, 83, 86 1991, 49, 177, 270 Mort’s Dock, 292 under Accord, 93, 94, 343 Mudginberri meat work dispute, 48 under decentralised system, 265 Municipal Employees case, 111, 114, 118 indexation, 1975–81, 168–71 Kelty’s criticism, 95, 272 National Employers’ Association, 259, 262 replaced by Safety Net Cases, 149 National Employers’ Consultative Committee, Nelson, Charlie, 292 262 New Protection, 62, 186, 219 National Employers’ Industrial Committee, 259 New Right, 265 National Employers’ Industrial Council, 264 rise of, 47–8 National Employers’ Policy Committee New South Wales Arbitration Court, 279 establishment, 259 New South Wales Labor Council, 290 intervention in cases, 263 New South Wales Royal Commission on the opposing claims under anomalies principle, Maritime Strike, 59 263 New South Wales Shop Assistants’ case, 222 opposing claims under work value principle, New South Wales Trade Union Congress, 263 280 opposing ‘community catch-up’, 263 New South Wales Transport Workers’ Union, National Farmers’ Federation, 47, 266 291 disaffiliates fromCAI, 272 New Zealand national minimum wage, see wages, national arbitration system, 4, 19, 23, 57, 279 minimum Blackball strike 1908, 280 National Security Act 1939 general strike 1913, 280 additional powers for Court, 37 unions reject arbitration, 280 industrial conscription, 254 New Zealand Federation of Labour, 280 maximum wage levels, 79, 334 Nicholls, HR, 66–7, 68

426 Index

Nimmo, Sir John, views on wage fixing criteria, Commonwealth Conciliation and Arbitration 162 Act 1904, 23 no-disadvantage test, 137 amendments 1930, 77 ‘no extra claims’ arrangements, see The Accord, amendments 1947, 35, 38 union discipline amendments 1949, 335–6 non-Labor parties, 17, see also Coalition effect of O’Shea case, 338 The North Australian Industrial Union v J. A. extensive use abandoned, 339 Ambrose and Others, 211 fines, 335 The North Australian Workers Union v Northern Industrial Relations Bureau, 338 Territory Pastoral Lessees Association, inherent problems, 333 211 referendum1926, 31 Nurses case, 236 role in managing conflict, 14 use by Court, 331 occupational injuries as cause of lost under Workplace Relations Act, 52 productivity, 326 Perkins, James, 88 O’Connor, Deirdre, appointment to Phelps Brown, Henry, 187, 189, 275, 276, Commission, 95 281 O’Connor, Justice Richard Piddington Royal Commission, 73, 145 Clancy case, 114, 115, 124, 125 basic wage standard, 152, 285 constitutional interpretation, 105–6 Piddington standard, see Piddington Royal definition of ‘industrial dispute’, 111 Commission, basic wage standard founding President of Court, 26, 55, 59, 61 Piper, Harold, 78, 79, 81 grants excise duty exemptions, 62 Polites, George, 13, 259 Jumbunna case, 108–10, 118, 125 Director of Central Industrial Secretariat, opposition to inclusion of conciliation and 262 arbitration power in Constitution, 110 heads National Employers’ Industrial Office of the Employment Advocate, 52, 54, Council, 264 95 role in Basic Wage Cases, 89 oil industry agreement 1982, 172 Portus case, 126 Oil Industry case, 181 post-World War Two prosperity, 155–6, O’Mara, Thomas, 78, 81 333 ‘One Big Union’, 284 concerns about inflation, 155 Orr, Bill, 292 power industry, strikes, 37 O’Shea, Clarrie, imprisonment, 297, see also Powers, Charles penal provisions appointment as President, 73 arrest, 300–2 introduces automatic adjustments, 285 effect on system, 131, 338, 345 and margins, 184 union campaign, 89, 335 replaced as Chief Judge, 288 over-award wages and conditions, 163, 181 standard hours cases, 286 absorption, 164, 188, 335 threatens resignation, 69 union protest, 89 views on conciliation, 317 contribution to wage inflation, 165 views on Indigenous workers, 211 ‘Powers’ three shillings’, see Basic Wage Cases, Parental Leave test case, 237 1921 parental rights, 237–8 printing industry strikes, 37 Pastoral Workers’ Industrial Union, 292 productivity pastoralist associations, calls for abandonment international comparisons, 195–6 of arbitration, 251 market sectors, 197 Patrick Stevedores, 52, 348 Professional Engineers, 82 penal provisions, see also O’Shea, Clarrie, Professional Engineers case, 113, imprisonment 114 Coalition industrial relations policy, 41 prosperity loadings, 153, 192, 291 Commission, 131, 297 protected industrial action, 348

Index 427

protection, 76, 133, 186, see also New Safety Net Protection disadvantage of workers dependent on, 205, British Economic Mission, 250 311 reduced tariffs, 338 establishment 1993, 8, 51 public interest criteria, 43, 49, 50 national test cases, 265, 273 Public Service Arbitration Act 1920, scope confined, 5 287 wage increases, 137 Public Service Arbitrator, 73, 80 Safety Net Cases, 151, 179 establishment, 287 1996, 193 1997, 193 Queensland Economic Commission, 158 2000, 185 Quick, John, 73 2001, 185 standard hours cases, 286 2002, 185 2003, 185 Railway Commissioners, 290 employer response, 179 railways industry government response, 149 Federal jurisdiction, 287 union response, 179 strikes Salter, WEG, 158, 159, 162 Queensland 1948, 294 Scullin, James, 36 Townsville, 30 Scullin government, 251 Victorian 1946, 294 basic wage reduction 1931, 35 wage cuts, 290 reforms Court, 290 Ranger Uranium case, 123, 132 removes penal provisions, 35, 331 Re Australian Education Union case, 120 seamen, coverage under conciliation and Re Cram case, 124 arbitration system, 3 Re Lee case, 119–20 Seamen’s Union, 78 real wage overhang, 165, 169, 171, 193 dispute 1919, 71 Reddaway, WB, 153, 156 strike 1890, ‘working rules’ approach, 277 Reeves, WilliamPember,279 secondary boycotts, 43, 54 Referenda outlawed, 338 1911, 28 Sharp, Ian, 90 1913, 28 shearing industry 1919, 30 rates, 290 1926, 31–2, 73 strikes 1948, 37 1891, 18, 23 Reid, George, 19, 22, 58 1894, 18 Rerum Novarum (Papal Encyclical), 6, 145, Shergold, Peter, 313 208 Simmonds, James ‘reserved state powers’ doctrine, 103 Slonim v Fellows, 123 revisionist liberalism, see New Right Social Welfare Union case, 5, 118, 122 Rich, Sir George, 115 South East Queensland Electricity Board right to strike, 14, 17 dispute, 48 road transport industry, 268 Special Conference of Afilliated Unions 1976, Robinson, Jim, 89 170 Ross, Lloyd, 292 Spence, WG Rostella (building), 84 influence on AWU, 280 Rowe, Ted, 292 union preference, 28 Royal Commission on the Constitution 1927, views on benefits of unionism, 53 32 views on conciliation and arbitration system, Rural Workers case, 219, 221, 227 59 Russell, EA, 158 views on Higgins, 28 Ryan, Edna, 232 Spicer, John, 86 Ryan, Queensland Premier, 29 SPSF case, 120

428 Index

standard hours Federal award coverage, 283 40-hour week as indicators of industrial conflict, 321 claim, 80 New South Wales general strike 1917, 29, introduction delayed, 37 329, 330 won, 296 number, 323, 324 44-hour week, 71 political, 336, 338, 339 48-hour week, 73 Medibank strike 1976, 338 decided by Judges, 38 post-World War Two wave, 294–5 establishment of general principles, 285 prevention, 14, 317 pressing issue, 31 size, 323, 324 State legislation, 286 social benefits, 322 Standard Hours Cases, 258 statistical analysis, 322–3, 338 1945, 155 sympathy, 330 1947, 296 structural efficiency principle, 45 Staples, Jim, 170 and productivity, 197 denied appointment to Industrial Relations Sugerman, Bernard, 81 Commission, 46, 94 Sutcliffe, JT, 75, 152 Starke, Sir Hayden, 112 Sweeney, Jack, 90, 162 State arbitration systems, 4 Sydney Trolley and Draymens’ Union, 279 awards, 282 Symon, Josiah, 19, 59 cooperation with Federal tribunal, 43 coverage, 287 tariffs, see protection New South Wales, 1, 23, 57 Taylor, Public Service Arbitrator, 212 South Australia, 19 Theatrical and Amusement case, 221 Victoria, 1, 57 Thomas, FJ, 277 Western Australia, 1, 57 Thornton, Ernie, 293 State powers, 19 timber industry State Public Servants case, 113 award, 76 State public servants, coverage under dispute 1929, 77, 288 conciliation and arbitration system, 3 strikes, 35 State Teachers case, 112, 114, 288 Timber Merchants’ Association, 258 steel industry strike 1945, 294 Timber workers’ case, 284 Stewart, Alexander Murdoch, 60 44-hour week, 285 stockmen, see Indigenous workers Timber Workers’ Union, 288 Stone, John, 93 dispute 1929, 331 Street, Jessie, 223 total wage, see wages, total strikes, 15, see also specific industries Trade Practices Act, 43, 47, 91, 338, 345 1890s trade unions failure of collective bargaining, 277 acceptance of indexation, 305 influence adoption of arbitration, 13, 18, attempts to exclude Indigenous workers, 211 242, 316, 322 attitude to Federal arbitration system, 3, 204 weaken unions, 12 bargaining power, 188, 204, 253, 284 1916–20, 329 1941–60, 333 1919, 283 1961–68, 335 1927–30, 329 under decentralised system, 350 before 1930, 329 enterprise bargaining, 310 1940s, 37 Great Depression, 291 1941–68, 333 communist influence, 78, 81, 253, 292 Brisbane general strike 1912, 280 Miners’ Federation, 295 causes, 323–6 in wartime, 293 concentration in few industries, 326 degree of reliance on arbitration, 314 days lost, 322, 323, 353–4 demands for reforms to Court, 295 duration, 323, 325 democratic, 43

Index 429

deregistration, 38, 43, 344 in defeat of Watson government, 22, 26 federal registration, 282 Higgins cautious use, 29 future, 54 ‘unitarist’ view of industrial relations, 320 Great Depression, 291–3 United Associations of Women (UAW), 223 impact of de-institutionalisation, 311 increased action after 1961, 335 Victoria membership, 96, 293, 294, 310 challenge to Federal industrial relations mergers, 284 legislation, 120 opposition to indexation, 170 industrial law, 50 parties to disputes in own right, 107 referral of industrial relation powers to promotion by Federal arbitration system, 61 Commonwealth, 137 registration with Court, 108 Viner, Ian, 173 relationship with Federal arbitration tribunal, voluntary unionism, 47 11–12, 17–18, 275, 290, 315 ‘capture’ theory, 11, 275–6, 314, 315 Wadham, SM, 155 ‘dependency’ theory, 11, 275, 276, 314, ‘wage earners’ welfare state’, 150, 238 315 wage equality, 9 origins of support, 277–82 Australia, 198–9 right to represent workers, 317 ‘disappearing middle’, 201 rise of educated leaders, 303 human capital model, 199 rise of white-collar unions, 297 role of enterprise bargaining, 201 role in arbitration system, 52 structural factors, 201 shop committee movement, 292 wage explosions strategy, 314 1970s, 188, 305 support for indexation, 168 1982–83, 304, 305 tramways industry strike, Brisbane 1912, 330 wage-fixing system Tramways trilogy, 116–17 centralisation under Accord, 339 Tramways Union, 89, 335 criteria, 171, 233, 236 transport industry, strikes before 1930, 329 decentralisation under enterprise bargaining, Transport Workers Act 1929, 35, 76, 250 339 Transport Workers Union, 170 three tiered, 303 Treasury wage freeze 1982, 173, 304 opposition to centralised wage fixing, 169, Wage Indexation for Australia(discussion 173, 189 paper), 168 views on real wage restraint, 177–8, 193 wage justice, 207–8, 233 Trenwith, William, 19 wage-labour relationship, see employer–employee relationship unemployment, 10, 171, 192 wage shares, 156–7, 171 1930s, 7 wage structure, 179, 202 1970s, 303 categories, 180–1 cause of poverty, 149 dispersion, 184–5, 200 Great Depression, 291, 330 ranking, 182–4 role of real wages, 171 role in wage justice, 233 unfair dismissal, 96 statistical analysis, 198 Union Badge case, 115 wages union discipline, 29, 31, 33, 35 automatic adjustment, 184 union preference, see also ‘closed shop’ award, 6 in 1904 Bill, 3, 23 basic, see basic wage abolition, 12, 310, 311 compared to prices, 140, 191 awarded by arbitration, 279 equality, see wage equality Coalition industrial relations policy, 47 family, 150 coverage of agricultural workers, 27–8 federal minimum, 149 creates ‘closed shop’, 53 gender differentials, 142

430 Index

wages (cont.) productivity enhancement, 176, 178 indexation, 13, 41–2, 43, 44, 73, 168 revolutionary change under Accord, 305 abandoned, 171 role of Commission, 8 under Accord, 93, 173, 304 role of Federal arbitration tribunal, 9 automatic, 168 role of institutions, 7 break down, 304 social dimension, 144–51 under Fraser government, 91 and social security, 150 opposition fromTreasury, 169 wage explosion 1982–83, 172–3 opposition fromunions, 169 wages structure rigidity, role in unemployment, partial, 168, 170, 172, 304 193 role in inflation, 188 Walsh, Tom, 283 under Whitlamgovernment,90, 303–4 Wartime Precautions Act,69 international comparison, 199 waterfront living, 55, 207 dispute 1998, 348–9 element in industrial peace, 316 fought out in courts, 349 margins high level of strikes, 326 decided by Commissioners, 38 labour pick-ups, 288 defined, 6 strikes, 35, 37 early post-War years, 183 1916, 329 Metals Trades Work Value Inquiry before 1930, 329 1966–67, 39 1946, 294 proportionality to basic wage, 184 Waterside Workers case minimum rates, 143, 181, 305 1914, 282 establishment, 148 1918, 5 exclusion after 1979, 148 Waterside Workers’ Federation (WWF), 27, 55, money vs real, 159 69, 78, 81 national minimum, 6, 41 acceptance of arbitration, 281 needs criteria, 150 award, 76 over-award wages and conditions, 41 deregistration, 29, 69 absorption, 39 dispute 1917, 329 prosperity loadings, 252 dispute 1928, 288 quarterly adjustments, 39, 83 dispute 1929, 331 union protest at abolition, 83 Watson government, 22, 26 real, 171, 204 Wave Hill strike, 213 1983–91, 177–8 Webb, Noel statistics, 140, 141 Standard Hours Case 1922, 286 relation to needs, 144–50 Webb, Sidney and Beatrice, 102 social, 54, 304 White Australia policy, 133, 219 statistics, 140–4 Whitlam, Gough, 90 supplementary payments, 181, 305 Whitlamgovernment,44, 262 total, 6, 39, 89, 142, 163, 226 appointments to Conciliation and Arbitration and wage structure, 183 Commission, 90 work value increases, 170, 304 calls for indexation, 263 wages policy dismissal, 336 1930s, 148 equal pay for women, 231, 232 Accord, 178, 189 incomes policy, 41–2 British Economic Mission, 250 wages policy, 90, 165–9 capacity to pay criteria, 151–5 Whybrow case, 103–6, 282 Commission’s role effect on conciliation and arbitration system and inflation, 190–1 Williams, Kath, 225 1973–75, 164–8 Willis, Ralph, 43 and macroeconomic management, Winter, Justice, 183 187–9 Wise, Bernhard, 19

Index 431

women workers Workplace Relations Act 1996 basic wage, 220–1 allowable award matters, 126, 310 benefits of conciliation and arbitration Australian Workplace Agreements, 52 system, 222 awards, 52 employment patterns, 216, 223 continues decentralisation, 348 occupational concentration, 217 discrimination provisions, 240 equal pay principles, 219 employer–employee relationship, 3 labour force participation, 216, 217, 226 ends wage policy role of Commission, 8 living wage, 219–23, 240 enterprise bargaining, 13, 95, 136, barrier to equal pay, 221 265 exclusion, 219, 220 formalises employment rights, 237 minimum wage rates, 233 limits award-making jurisdiction of part-time employment, 239 Commission, 12 pay gap, 218, 236, 239 obstructs unionism, 310 private domestic service, 217 role in waterfront dispute 1998, 52, tension between equal pay and employment 349 access, 211 role of Business Council of Australia, wage rates, 37, 38, 208, 225 267 wages, statistics, 141–2 safety net, 52 World War Two, 219, 223–5, see also needs criteria, 149 Women’s Employment Board secondary boycotts outlawed, 349 Women’s Electoral Lobby (WEL), 232 section 88B, 8 Women’s Employment Board, 37, 79, 224–5 section 89A, 126 employers’ opposition, 254–5 World War One, 12, 29 functions absorbed by Court, 255 industrial disputes, 283 High Court challenges, 255 World War Two, 12, 36 Woodworkers’ case, 105 government control of industrial relations, wool boom, 157 79, 184, 254, 293 Wooldumpers case, 123 wage-pegging, 294 work value assessment, 182, 183, see also Wright, Sydney, 83, 87 Federal arbitration tribunal, role in death, 90 ranking classifications Wright, Tom, 292