Journal of Industrial Relations, Vol. 11, No. 3, Nov. 1969, p. 256.
2.
Lachlan Valley County Council v. Australasian Meat Industry Employees' Union, 1969 A.I.L.R. Rep. 566.
3.
Ibid. The facts are available from the report of the decision of Senior Conciliation Commissioner Cahill, 1969 A.I.L.R. Rep. 383.
4.
K.W. Wedderburn , "Conflicts of 'Rights' and Conflicts of 'Interests ' in Labor Disputes", in Dispute Settlement Procedures in Five Western European Countries, ed. Benjamin Aaron (Institute of Industrial Relations, University of California, 1969 ), p. 65.
5.
R. v. Portus; Ex parte Thiess Bros Pty Ltd, [1970] A.L.R. 207.
6.
"Normal working conditions of an industry, and this phrase includes adverse conditions commonly experienced, are usually taken into consideration when fixing the margins for the various classifications in the award, and if and when employees experience exceptionally adverse conditions beyond the normal working conditions, the employees are remunerated at the time these conditions occur by special rates for specific conditions."
7.
The treatment of these matters occupies only one of the 29 pages which comprise the full judgement. In part of it His Honour says, "Most of the employees are country people ... content to seek local employment.... They expect rural conditions rather than factory conditions to apply to their employment." Shades of volenti fit non injuria, and of the even more disreputable doctrine of common employment!
8.
E.g., "While severe winter conditions would be experienced in the Oberon area, quite pleasant winter conditions would be experienced by employees in the Coff's Harbour area. In the middle of summer it would be very hot and dusty in the Baradine area. Conditions in all these places would vary with the seasons of the year.''
9.
On June 5, 1970, the Industrial Commission in Court Sessions overruled the decision of Richards J., and substantially restored the award made by the Commissioner, but on grounds which do not touch on the main points of this note.
